HomeMy WebLinkAboutCC 1995-12-07 MinutesT'Y
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[": 9- 1
OF KMINC HELD ON DECEMBER 7, 1995
REGULAR & PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
C I iY HALL
WALTER J. FOEMAN
CITY CLERK
ITEM
NO.
1.
2.
3.
4.
5.
- 6.
INDEX
MINUTES OF REGULAR MEETING
December 7, 1995
SUBJECT
LEGISLATION PAGE
NO.
PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 12/7/95
MAYOR CLARK REQUESTS A MOMENT OF DISCUSSION
SILENCE IN REMEMBRANCE OF PEARL 12/7/95
HARBOR DAY.
2
N
MAYOR CLARK REPORTS ON THE STATUS DISCUSSION 3-4
OF HIS HEALTH, AND STATES THAT HE 12/7/95
HAS NO PLANS TO RESIGN. (See
label 54)
COMMISSIONER DAWKINS OFFERS DISCUSSION 4
CONDOLENCES TO THE FRIENDS AND 12/7/95
FAMILY OF GEORGE LIPKINS, OPA-
LOCKA VICE MAYOR AND ADVOCATE OF
THE JOBLESS / HOMELESS / POOR.
DISCUSSION CONCERNING JUNIOR DISCUSSION 4-5
LEAGUE OF MIAMI, INC., AND THE 12/7/95
FILM, "OUR MIAMI: THE MAGIC
CITY."
DISCUSS AND DEFER CONSIDERATION M 95-831
OF PROPOSED RESOLUTION TO 12/7/95
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH DR. ANTONIO JORGE,
CONSULTANT -- TO UPDATE CITY OF
MIAMI STRATEGIC PLAN OF 1990
(DECEMBER 1, 1995-SEPTEMBER 30,
1996), ALLOCATING $48,000 --
COMMISSIONER DAWKINS REQUESTS
CONSULTANT TO EXPLAIN PROPOSED
UPDATED STRATEGIC PLAN, INCLUDING
JOB PLACEMENT STRATEGIES IN LIEU
OF LAYOFFS.
6-10
C;
E
7.
APPROVE INTERLOCAL / LEASE
R 95-832
10-45 z
AGREEMENT WITH METROPOLITAN DADE
12/7/95
COUNTY FOR DEVELOPMENT OF THE
MARITIME PARK PROJECT, WITH
PROVISOS -- APPOINT COMMISSIONERS
J.L. PLUMMER AND JOE CAROLLO TO
THE MARITIME BOARD. (See label
11)
8.
CONSENT AGENDA.
DISCUSSION
45-49
12/7/95
8.1
ACCEPT BIDS: (1) A & B HARDWARE
R 95-833
49
& LUMBER, (2) ACE HARDWARE/SHELL
12/7/95
LUMBER, AND (3) MCR LUMBER AND
MATERIALS SUPPLY, INC. -- FOR
FURNISHING LUMBER / PLYWOOD FOR
VARIOUS CITY DEPARTMENTS /
OFFICES -- ALLOCATE $50,000.
8.2
ACCEPT BID: PAGING NETWORK OF
R 95-834
50
MIAMI -- FOR FURNISHING PAGERS ON
12/7/95
LEASE / RENTAL BASIS, FOR POLICE
DEPARTMENT -- ALLOCATE $14,221
FROM U.S. JUSTICE LAW ENFORCEMENT
TRUST FUND (PROJECT 690002).
8.3
ACCEPT BID: BAXTER HEALTHCARE
R 95-835
50
CORP. -- FOR PROVISION OF
12/7/95
INTRAVENOUS FLUIDS, FOR FIRE -
RESCUE DEPARTMENT -- ALLOCATE
$48,142.95.
8.4
ACCEPT BID: ACME GROUP, INC. --
R 95-836
51
FOR PROJECT: LUMMUS PARK PARKING
12/7/95
& WHEELCHAIR ACCESS, B-6246
(SECOND BIDDING) ($41,038.98,
TOTAL BID OF PROPOSAL) --
ALLOCATE $41,038.98 (CONTRACT
COST), $7,647.97 (ESTIMATED
EXPENSES), TOTALING $48,686.95.
8.5
ACCEPT BID: JSK INTERNATIONAL,
R 95-837
51
INC. -- FOR FURNISHING 4 PICNIC
12/7/95
TABLES AND CONCRETE SLABS FOR
.
SHENANDOAH PARK, FOR PARKS AND
RECREATION DEPARTMENT -- ALLOCATE
$11,174 (FROM CIP 331360).
8.6
ACCEPT BID: SUPERIOR
R 95-838
COMMUNICATIONS, INC. FOR
12/7/95
PROVISION OF PORTABLE RADIO PARTS
/ ACCESSORIES, FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION /
SOLID WASTE -- ALLOCATE
$57,725.05.
8.7
AUTHORIZE PURCHASE OF 5,280
R 95-839
RECYCLING TOTE BINS -- FROM
12/7/95
REHRIG PACIFIC COMPANY -- FOR
CITY'S MULTI -FAMILY RECYCLING
PROGRAM (UNDER EXISTING LEE
`
COUNTY CONTRACT NO. Q-950011),
FOR DEPARTMENT OF GENERAL
(.
SERVICES ADMINISTRATION / SOLID
WASTE -- ALLOCATE $22,000.
i.
j 8.8
ESTABLISH SPECIAL CHARGES / TERMS
R 95-840
f
/ CONDITIONS FOR USE OF ORANGE
12/7/95
BOWL STADIUM -- BY PACE
MOTORSPORTS, INC. (D/B/A PACE /
SUPERSPORTS AND SRO MOTORSPORTS,
INC.) -- FOR THEIR SUPERBOWL OF
MOTOR SPORTS (FEBRUARY 10, 1996).
8.9
AUTHORIZE MANAGER TO EXECUTE
R 95-841
AGREEMENT WITH WASHINGTON &
12/7/95
CHRISTIAN -- TO PROVIDE
PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING
FEDERAL LEGISLATION AND
ACTIVITIES WHICH IMPACT UPON CITY
OF MIAMI - ALLOCATE $44,000,
PLUS $15,000 (REIMBURSABLE
EXPENSES).
8.10
AUTHORIZE MANAGER TO EXECUTE
R 95-842
AGREEMENT WITH MANUEL J.
12/7/95
GONZALEZ, CONSULTANT -- TO
PERFORM SERVICES OF CHIEF
OPERATING OFFICER FOR
INT,ERNATIONAL TRADE BOARD ( ITB )
(NOVEMBER 1, 1995-SEPTEMBER 30,
1996) -- ALLOCATE $41,250 FROM
ITB BUDGET.
52
53
53
54
8.11
AUTHORIZE MANAGER TO EXECUTE
R 95-843
54
AGREEMENT WITH 3'ORGE CARVALHO,
12/7/95
CONSULTANT -- TO PERFORM SERVICES
OF TRADE DEVELOPER FOR
INTERNATIONAL TRADE BOARD (ITS)
(DECEMBER 1, 1995-SEPTEMBER 30,
1996) -- ALLOCATE $19,170 FROM
ITB BUDGET.
8.12
AUTHORIZE MANAGER TO EXECUTE
R 95-844
55
AGREEMENT WITH CHRISTINA PRADERE,
12/7/95
CONSULTANT -- TO PERFORM SERVICES
OF ADMINISTRATIVE ASSISTANT FOR
�.
�;.
INTERNATIONAL TRADE BOARD (ITB)
(DECEMBER 1, 1995-SEPTEMBER 30,
1996) -- ALLOCATE $19,170 FROM
k
ITB BUDGET.
8.13
ACCEPT PLAT: COCONUT KEY.
R 95-845
55
12/7/95
8.14
ACCEPT PLAT: MERCY HOSPITAL.
R 95-846
55-56
12/7/95
8.15
DESIGNATE RAMAT-HASHARON, ISRAEL,
R 95-847
56
AS A SISTER CITY.
12/7/95
8.16
APPROVE ENGAGEMENT OF WEISS,
R 95-848
56
SEROTA & HELFMAN, P.A. -- TO
12/7l95
SERVE AS COUNSEL IN CONNECTION
WITH COMMUNITY DEVELOPMENT
DEPARTMENT PERSONNEL MATTERS --
ALLOCATE $20,000.
8.17
CLAIM SETTLEMENT: RONNIE FORD
R 95-849
56
($45,000).
12/7/95
8.18
CLAIM SETTLEMENT: GEORGE P.
R 95-850
57
VICANOVSKI ($39,500).
12/7/95
8.19
AUTHORIZE FUNDING INCREASE FOR
R 95-851
57
THE ALTERNATIVES PROGRAM --
12/7/95
ALLOCATE $40,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
w
9.
(A) RECONSIDER VOTE PREVIOUSLY
M 95-852 58-69
TAKEN IN CONNECTION WITH
R 95-853
RESOLUTION 95-648 REGARDING THE
12/7/95
KNIGHT MANOR HOME PROJECT.
(B) RESCIND RESOLUTION 95-648 --
APPROVE DEVELOPMENT OF A 134-UNIT
AFFORDABLE HOME OWNERSHIP HOUSING
PROJECT TO BE KNOWN AS THE KNIGHT
MANOR HOMES PROJECT PLANNED FOR
DEVELOPMENT BY JOINT VENTURE OF
THE URBAN LEAGUE OF GREATER
MIAMI, INC. AND LHL HOUSING &
DEVELOPMENT, INC. IN MODEL CITY
(N.W. 67 AND 69 STREETS BETWEEN
N.W. 7 AND 10 AVENUES) --
ALLOCATE / DISBURSE FUNDING
($50,000) FROM HOME INVESTMENT
PARTNERSHIP PROGRAM TO URBAN
LEAGUE FOR PREDEVELOPMENT, AND
$4,750,000 FOR DEVELOPMENT /
CONSTRUCTION COSTS.,
10.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 69-72
OF PROPOSED RESOLUTIONS TO: (a)
12/7/95
ELECT / REAPPOINT A. QUINN JONES,
III, AS CITY ATTORNEY; (b) ELECT
/ REAPPOINT WALTER J. FOEMAN AS
CITY CLERK; AND (c) CONFIRM CITY
CLERK'S REAPPOINTMENT OF MARIA J.
ARGUDIN AS ASSISTANT CITY CLERK.
11.
(Continued) DISCUSSION
DISCUSSION 73-79
CONCERNING PORT OF MIAMI
12/7/95
EXPANSION. (See label 7)
12.
DISCUSSION CONCERNING CITY
DISCUSSION 79-81
COMMISSIONERS' SALARIES -- DIRECT
12/7/95
CITY ATTORNEY TO PREPARE
LEGISLATION FOR DRAFT ISSUE
CHARTER AMENDMENT REGARDING CITY
COMMISSIONERS' SALARIES AS
POSSIBLE BALLOT ISSUE FOR
SEPTEMBER, OCTOBER, OR NOVEMBER,
1996.
13.
APPOINT ELADIO ARMESTO, III TO
R 95-854 81-82
SERVE AS MEMBER OF LATIN QUARTER
12/7/95
REVIEW BOARD.
14.
APPOINT ELBA MORALES AS A REGULAR
R 95-855 82-83
MEMBER OF THE ZONING BOARD.
12/7/95
APPOINT WILLIAM HARRISON TO SERVE R 95-856
AS MEMBER OF THE WATERFRONT 12/7/95
ADVISORY BOARD.
APPOINT COMMISSIONER JOE CAROLLO R 95-857
TO SERVE AS CHAIRPERSON OF THE 12/7/95
MIAMI SPORTS AND EXHIBITION
AUTHORITY.
DISCUSSION CONCERNING THE DISCUSSION
ALLAPA'L"TAH BUSINESS DEVELOPMENT 12/7/95
AUTHORITY -- DEFERRED TO NEXT
MEETING.
RATIFY MANAGER'S FINDING OF SOLE R 95-858
SOURCE -- WAIVE REQUIREMENT FOR 12/7/95
COMPETITIVE SEALED BIDS --
APPROVE 5-YEAR LEASE / PURCHASE
OF A XEROX DOCUTECH COPIER FROM
XEROX CORPORATION -- ANNUAL COST:
$90,344.64, TOTALING
$451,723.64 -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION /
GRAPHIC REPRODUCTIONS DIVISION.
AUTHORIZE MANAGER TO ENTER INTO R 95-859
AGREEMENT WITH DEPARTMENT OF 12/7/95
HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR SECTION 108 LOAN
GUARANTEE ($5.5 MILLION) -- TO
FINANCE DEVELOPMENT OF THE
WYNWOOD FREE TRADE ZONE, A
PROJECT OF THE WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION
TO BE DEVELOPED BY THE DADE
FOREIGN TRADE ZONE, INC.
83-84
84-85
85-88
88-89
89-92
(A) AUTHORIZE MANAGER TO ENTER R 95-860 93-96
INTO AGREEMENT WITH DADE FOREIGN M 95-860.1
TRADE ZONE, INC. -- FOR 12/7/95
DEVELOPMENT OF THE WYNWOOD FREE
TRADE ZONE COMPLEX, UTILIZING
$5.5 MILLION SECTION 108 LOAN
GUARANTEE FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD).
(B) AUTHORIZE MANAGER AND
COMMISSIONER PLUMMER TO NEGOTIATE
AGREEMENT WITH WYNWOOD
DEVELOPMENT CORPORATION IN
CONNECTION WITH PRESENT
LITIGATION AGAINST CITY --
MANAGER TO COME BACK WITH
RECOMMENDATION WITHIN 30 DAYS.
AUTHORIZE MANAGER TO PREPARE / R 95-861 96-99
SUBMIT APPLICATION TO U.S. 12/7/95
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), ON BEHALF OF
DADE FOREIGN TRADE ZONE, INC. --
FOR SECTION 108 LOAN GUARANTEE
ASSISTANCE ($4.5 MILLION) -- TO
FINANCE DEVELOPMENT OF PHASE II
OF THE WYNWOOD FOREIGN TRADE ZONE
COMPLEX - EXECUTE AGREEMENT.
FIRST READING ORDINANCE: ORDINANCE 100-103
ESTABLISH NEW SPECIAL REVENUE FIRST
FUND: "WYNWOOD FREE TRADE ZONE READING
SECTION 108" -- APPROPRIATE 12/7/95
$5,500,000 (CDBG), AS APPROVED BY
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
DISCUSS AND DEFER CONSIDERATION
OF:
(A) PROPOSED RESOLUTION TO
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD) FOR SECTION 108 LOAN
GUARANTEE ($2.7 MILLION) TO
ASSIST IN FINANCING THE EXPANSION
OF THE EDISON PLAZA SHOPPING
CENTER, A PROJECT OF THE TACOLCY
ECONOMIC DEVELOPMENT CORPORATION,
ACCEPTING $670,000 ECONOMIC
DEVELOPMENT INITIATIVE GRANT, TO
BE USED WITH SECTION 108 LOAN
GUARANTEE.
(B) PROPOSED FIRST READING
ORDINANCE TO ESTABLISH TWO
SPECIAL REVENUE FUNDS: (1) EDISON
PLAZA HUD, SECTION 108
(APPROPRIATING $2,700,000), AND
(2) EDISON PLAZA ECONOMIC
DEVELOPMENT INITIATIVE GRANT
($670,000), AS APPROVED BY U.S.
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT (HUD) -- TOTAL
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) APPROPRIATION: $3,370,000.
(A) WAIVE PROHIBITION CONTAINED
IN COE 83-53, FLORIDA COMMISSION
OF ETHICS, AS IT APPLIES TO ANGEL
GONZALEZ (WHO SERVES ON CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY
BOARD) IN RELATION TO HIS
EMPLOYMENT WITH THE ECONOMIC
DEVELOPMENT AGENCY ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY,
WHICH RECEIVES COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS. (See label 67)
(B) COMMISSIONER CAROLLO REQUESTS
ADMINISTRATION TO INFORM HIM
AMOUNT OF MONEY ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY,
AS WELL AS OTHER SUCH AGENCIES,
HAVE RECEIVED, TOGETHER WITH (a)
LIST OF THEIR DIRECTORS, (b)
NUMBER OF CITY RESIDENTS
CONCERNED, AND (c) NUMBER OF
REGISTERED VOTERS CONCERNED.
DISCUSSION
12/7/95
R 95-862
12/7/95
103-110
110-114
25. (A) RATIFY MANAGER'S FINDING OF
EMERGENCY -- WAIVE COMPETITIVE
SEALED BIDS -- ACCEPT INFORMAL
BID: BELLSOUTH BUSINESS SYSTEMS,
INC. -- FOR PROVISION OF
ENHANCEMENTS TO THE NORTHERN
TELECOM MERIDIAN PBX (LOCATED AT
THE RIVERSIDE CENTER), INCLUDING
DIGITAL CIRCUIT CARDS, CSU UNITS,
PROCESSOR AND SOFTWARE UPGRADES,
TELEPHONES, OTHER COMPONENTS,
RELATED INSTALLATION /
CONFIGURATION / TRAINING
SERVICES -- ALLOCATE $400,000 --
EXECUTE NECESSARY DOCUMENTS.
(B) COMMISSIONER DAWKINS REQUESTS
ADMINISTRATION TO PROVIDE CITY
COMMISSION WITH TOTAL BREAKDOWN
OF MONIES EXPENDED IN CONNECTION
WITH ACQUIRING / RETROFITTING /
MOVING INTO THE RIVERSIDE PLAZA.
26. DISCUSS AND DEFER CONSIDERATION
OF RAFAEL HERNANDEZ HOUSING &
ECONOMIC DEVELOPMENT
CORPORATION'S PRESENTATION FOR
DEVELOPMENT OF A HOUSING PROJECT
IN BOBBY MADURO STADIUM LOT --
DIRECT MANAGER AND COMMISSIONER
PLUMMER TO MEET WITH THE
ALLAPATTAH BUSINESS DEVELOPMENT
CORPORATION AND RAFAEL HERNANDEZ
HOUSING AND ECONOMIC DEVELOPMENT
CORPORATION TO WORK TOWARD A
PROPOSED HOUSING PROJECT THAT
WOULD BE IN BEST INTEREST OF
CITY -- HOLD PUBLIC MEETING.
27. DISCUSS AND DEFER (TO JANUARY
MEETING) CONSIDERATION OF
PROPOSED SECOND READING ORDINANCE
TO AMEND CODE, CHAPTER 30,
ARTICLE III, DIVISION 2, WHICH
SETS FORTH RATES AND CHARGES FOR
CITY GOLF COURSES, AND ADD NEW
SECTION 30-57, EXEMPTING
FACILITIES OPERATED / MANAGED BY
PRIVATE PARTIES PURSUANT TO
AGREEMENTS HAVING TERMS OF 20
YEARS OR MORE.
R 95-863
12/7/95
M 95-864
12/7/95
DISCUSSION
12/7/95
115-118
119-127
127-128
E
-1 31.
FIRST READING ORDINANCE: AMEND
ORDINANCE 128-129
ORDINANCE 10840, WHICH
FIRST
ESTABLISHED INITIAL
READING
APPROPRIATIONS FOR THE COCONUT
12/7/95
GROVE SPECIAL EVENTS DISTRICT
FUND - FY 90-91 -- PROVIDE FOR
INCREASE OF $50,000, RESULTING
FROM SUCCESSFUL COLLECTION OF
COCONUT GROVE SPECIAL EVENTS
DISTRICT SUPPLEMENTARY USER FEE.
FIRST READING ORDINANCE:
ORDINANCE 129-130
APPROPRIATE $16,600 TO SPECIAL
FIRST
REVENUE FUND: "DERELICT VESSEL
READING
REMOVAL GRANT AWARD PROGRAM" --
12/7/95
ACCEPT GRANT FROM FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) -- EXECUTE
NECESSARY DOCUMENTS.
AUTHORIZE MANAGER TO ENTER INTO R 95-865 130-135
LEASE AGREEMENT WITH MIAMI 12/7/95
OUTBOARD CLUB -- FOR LEASING OF
REAL PROPERTY / IMPROVEMENTS
WITHIN WATSON ISLAND, ALONG WITH
BAY BOTTOM LANDS -- LEASE TO BE:
(1) FOR INITIAL PERIOD OF 20
YEARS WITH OPTION TO RENEW FOR
TWO ADDITIONAL 5-YEAR PERIODS;
(2) INITIAL MONTHLY RENTAL OF
$5,417 PLUS 10% OF GROSS
RESTAURANT REVENUES IN EXCESS OF
$10,000 PER MONTH; (3) PROVIDE
FOR COMMUNITY SERVICE CREDITS;
AND (4) IN ACCORDANCE WITH TERMS
/ CONDITIONS CONTAINED IN LEASE
AGREEMENT.
(A) ACCEPT MANAGER'S R 95-866 136-137
RECOMMENDATION TO REJECT ALL BIDS R 95-866.1
SUBMITTED CONCERNING SALE OF 12/7/95
CITY -OWNED PROPERTY AT 5500 N.W.
17 AVENUE.
(B) DIRECT ADMINISTRATION TO
REQUEST PROPOSALS REGARDING SALE
OF ABOVE PROPERTY.
w
32.
AUTHORIZE MANAGER TO ISSUE
R 95-867 137-138
REVOCABLE PERMIT TO SHAKE -A -LEG
12/7/95
MIAMI, INC. -- FOR NON-EXCLUSIVE
USE OF PORTION OF CITY -OWNED
PROPERTY AT APPROX. 2600 SOUTH
BAYSHORE DRIVE -- IN ORDER TO
CONDUCT COMPREHENSIVE WATERSPORTS
RECREATIONAL PROGRAM FOR
INDIVIDUALS WITH DISABILITIES,
YOUTH AT RISK AND FAMILIES /
FRIENDS.
33.
REQUEST FLORIDA STATE GOVERNOR
R 95-868 139-141
AND CABINET (SITTING AS BOARD OF
12/7/95
TRUSTEES FOR THE INTERNAL
IMPROVEMENT FUND) TO GRANT (IN
ACCORDANCE WITH TRUSTEES' DEED
19447) EITHER A DETERMINATION OF
CONSISTENCY OR WAIVER OF THE DEED
RESTRICTION PERTAINING TO
PROPOSED DEVELOPMENT / LEASE /
OPERATION OF BOTANICAL GARDEN
ATTRACTION ON WATSON ISLAND BY
PARROT JUNGLE AND GARDENS, INC.
34.
AUTHORIZE MANAGER TO EXECUTE
R 95-869 141-144
AGREEMENT FOR PROFESSIONAL
12/7/95
SERVICES NEEDED FOR PREPARATION /
PROCESSING OF APPLICATION FOR
DEVELOPMENT APPROVAL AND ALL
RELATED DOCUMENTS -- FOR A
DEVELOPMENT OF REGIONAL IMPACT
(DRI), OR AN AMENDMENT TO AN
EXISTING DEVELOPMENT ORDER -- FOR
IMPROVEMENTS TO / DEVELOPMENTS ON
WATSON ISLAND -- ALLOCATE
$100,000, TO BE REIMBURSED ON A
PROJECT -BY -PROJECT BASIS BY
PARTICIPATING AND FUTURE
DEVELOPERS.
35.
ACCEPT BID: APRICOT OFFICE
R 95-870 144-145
SUPPLIES -- FOR PROVISION OF
12/7/95
OFFICE SUPPLIES FOR CITYWIDE
USAGE (ON CONTRACT BASIS FOR ONE
YEAR WITH OPTION TO EXTEND FOR
ADDITIONAL YEAR) -- ALLOCATE
$230,000.
39.
AUTHORIZE ACQUISITION OF MOBIL R 95-871 146-148
DIGITAL COMPUTERS AND RELATED 12/7/95
EQUIPMENT / SERVICES -- FROM
UNISYS CORPORATION (UNDER
EXISTING STATE OF FLORIDA
CONTRACT NO. 250-040-96-1, 250-
050-94-11 973-502-96-1) --
ALLOCATE $6,500,000 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH UNISYS
AND/OR FINANCIAL INSTITUTIONS FOR
MOST FAVORABLE FINANCING / TERMS
/ CONDITIONS, AND TO EXECUTE ALL
NECESSARY DOCUMENTS.
AUTHORIZE ACQUISITIONS OF R 95-872 149-150
MICROCOMPUTERS, RELATED 12/7/95
PERIPHERALS, SOFTWARE AND
SERVICES FROM VARIOUS VENDORS
(UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 250-040-96-1, AND
METROPOLITAN DADE COUNTY CONTRACT
NOS. 1059-2/98-OTR-CW & 1941-
2/96-OTR-CW) -- FOR POLICE
DEPARTMENT AND OTHER PUBLIC
SAFETY FUNCTIONS -- ALLOCATE
$3,500,000 -- AUTHORIZE MANAGER
TO NEGOTIATE WITH VENDORS FOR
MOST FAVORABLE FINANCING / TERMS
/ CONDITIONS, AND TO EXECUTE ALL
NECESSARY DOCUMENTS.
CLAIM SETTLEMENT: JORGE A.
R 95-873 150-151
DUARTE, ESQ. AND DANIEL H.
12/7/95
FORMAN, ESQ. ($102,500) -- FOR
ATTORNEYS' FEES / COSTS (CASE:
LEONE AND PEREZ vs. CITY OF
MIAMI, U.S. DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION, NO. 92-2396-CIV-
DAVIS/GARBER) -- AUTHORIZE CITY
ATTORNEY TO FILE OFFER OF
JUDGMENT TO MICHAEL F. LANHAM,
ESQ. ($75,000).
ACCEPT PROPOSAL: BOOTH RESEARCH
R 95-874 151-152
GROUP, INC. -- TO DEVELOP /
12/7/95
IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND JOB SIMULATION
t PROCESS FOR CLASSIFICATION OF
FIRE LIEUTENANT -- ALLOCATE
$29,000.
45.
AUTHORIZE PURCHASE OF ONE
WHEELCHAIR -ACCESSIBLE VAN -- FROM
DIAMOND MANUFACTURING (UNDER
EXISTING CITRUS COUNTY
TRANSPORTATION BID NO. FOR 95-
93) -- FOR DEPARTMENT OF PARKS
AND RECREATION -- ALLOCATE
$44,346 FROM DISABILITIES
DIVISION FUNDRAISING PROGRAM.
ACCEPT BID: ACME GROUP, INC.
($64,608, TOTAL BID OF
PROPOSAL) -- FOR CITYWIDE LOCAL
DRAINAGE PROJECT E-72, B-5623 --
ALLOCATE FUNDS FROM CIP 352231
(CONTRACT COST: $64,608,
ESTIMATED EXPENSES: $11,826.65,
TOTALING $76,434.65).
R 95-875
12/7/95
R 95-876
12/7/95
153
154
AUTHORIZE MANAGER TO NEGOTIATE M 95-877 155-157
REVOCABLE PERMIT WITH ISLAND 12/7/95
DEVELOPMENT, INC. IN CONNECTION
WITH EMPLOYEE PARKING ON VIRGINIA
KEY OR WATSON ISLAND. (See label
51)
ALLOCATE $50,000 FOR THE FILM R 95-878
FESTIVAL OF MIAMI. 12/7/95
(A) APPOINT AMANCIO SUAREZ TO
M 95-879
SERVE ON THE DOWNTOWN DEVELOPMENT
R 95-880
AUTHORITY (DDA).
R 95-881
(B) APPOINT HUMBERTO HERNANDEZ TO
R 95-882
SERVE ON THE MIAMI SPORTS AND
12/7/95
EXHIBITION AUTHORITY.
(C) APPOINT JAMES WELLINGTON AND
RICHARD BUNNELL TO SERVE ON THE
WATERFRONT ADVISORY BOARD.
(D) APPOINT LAEL SCHUMACHER AS
THE MAYOR'S REPRESENTATIVE TO THE
BAYFRONT PARK MANAGEMENT TRUST.
ALLOCATE $50,000 TO THE
M 95-883
PHILHARMONIC ORCHESTRA.
12/7/95
46. ALLOW NORTHWESTERN HIGH SCHOOL TO
USE ORANGE BOWL AT COST OF
$1,000.
47. CLASSIFY 3 CITY OF MIAMI TRUCKS /
ANCILLARY EQUIPMENT AS CATEGORY
"A" SURPLUS STOCK (WHEN
AVAILABLE) -- DONATE TO AMMAN,
JORDAN, SISTER CITY.
R 95-884
12/7/95
R 95-885
12/7/95
157-158
159-163
163-164
164-165
166
W.
48.
49.
I
50.
ESTABLISH CHARGES / TERMS/
CONDITIONS FOR USE OF ORANGE BOWL
STADIUM BY SOUTH FLORIDA SOCCER
ORGANIZING COMMITTEE FOR 1996,
INC. -- FOR PRESENTATION OF 1996
SUMMER OLYMPIC SOCCER GAMES (JULY
20-28, 1996) -- CITY TO BE
REIMBURSED IF PROFITS ARE
REALIZED.
ACCEPT BID: ATLANTIS
CONSTRUCTION -- FOR FURNISHING /
INSTALLATION OF BLEACHERS ON
CONCRETE SLABS AT DORSEY PARK
(FOR DEPARTMENT OF PARKS &
RECREATION) -- ALLOCATE $14,750
FROM CIP 331357.
AUTHORIZE MANAGER TO EXECUTE
AGREEMENTS WITH: (1) NEW WORLD
CENTER FOUNDATION, INC. (d/b/a
DOWNTOWN MIAMI COMMUNITY
DEVELOPMENT COALITION, INC.) AND
WEST BRICKELL APARTMENTS, LTD.;
(2) FLORIDA HOUSING FINANCE
AGENCY; AND (3) WEST BRICKELL
APARTMENTS, LTD. -- TO FINALIZE
FINANCING FOR DEVELOPMENT OF 130
UNITS OF AFFORDABLE HOUSING AT
S.W. 10 STREET AND S.W. 2 AVENUE.
(Continued discussion) BRIEF
COMMENTS BY CITY ATTORNEY
CONCERNING REVOCABLE PERMIT WITH
ISLAND DEVELOPMENT, INC. IN
CONNECTION WITH EMPLOYEE PARKING,
STATING THAT PARKING ONLY TO BE
ON VIRGINIA KEY AS ON WATSON
ISLAND IT WOULD BE ILLEGAL. (See
label 42)
R 95-886
12/7/95
R 95-887
12/7/95
R 95-888
12/7/95
DISCUSSION
12/7/95
52. GRANT WAIVER OF NOISE
ORDINANCE
R 95-889
UNTIL 2:00 A.M. FOR FILMING OF
12/7/95
MOVIE "BLOOD AND WINE"
IN COCONUT
GROVE.
53. (A) SCHEDULE BOTH CITY
COMMISSION
R 95-890
MEETINGS IN JANUARY TO
TAKE PLACE
R 95-891
ON JANUARY 25, 1996.
12/7/95
(B) AUTHORIZE MANAGER
TO ACCEPT
BIDS, ON EMERGENCY
BASIS, IN
CONNECTION WITH SUMMER OLYMPICS
IN ORANGE BOWL STADIUM.
167-170
170-171
172-175
175-176
176-177
178-181
54.
MAYOR CLARK READS LETTER FROM
DISCUSSION 181-183
MIRIAM ALONSO WISHING HIM A
12/7/95
SPEEDY RECOVERY. (See label 3)
55.
CONTINUE (TO JANUARY 25TH
DISCUSSION 183-184
MEETING) CONSIDERATION OF
12/7/95
PROPOSED RESOLUTION CONCERNING
APPEAL OF DENIAL REGARDING
CONSTRUCTION / INSTALLATION OF A
CELLULAR COMMUNICATIONS FACILITY
(PERMIT NO. 95-0011597) AT 8425
BISCAYNE BOULEVARD.
[Appeilant(s): T.N.A. Palms, Inc.
(Owners)/BellSouth Mobility, Inc.
(Lessee). Appellant(s):
BellSouth Mobility, Inc.]
56.
GRANT SPECIAL EXCEPTION TO ALLOW
R 95-892 184-186
ACCESSORY SURFACE PARKING
12/7/95
FACILITY AT 3755-3761 S.W. 1
STREET, IN CONJUNCTION WITH A
COMMERCIAL OFFICE BUILDING AT
3746-3750 W. FLAGLER STREET
(ZONED R-1 SINGLE-FAMILY
RESIDENTIAL AND SD-12 BUFFER
OVERLAY DISTRICT), WITH
CONDITIONS. [Appeicant(s):
Nicolas Estrella for Star
Casualty Insurance Co.]
51.
DISCUSS AND CONTINUE
DISCUSSION 187-194
CONSIDERATION OF PROPOSED
12/7/95
RESOLUTION CONCERNING APPEAL OF
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL OF
EXISTING CARPORT AT 91-93 N.E. 42
STREET. [Applicant/Appellant:
Claudette Nelson.]
(A) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED SECOND
READING ORDINANCE TO 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), ADDING
PROVISIONS THAT WILL INCREASE
MONTHLY FEE FOR A WAIVED PARKING
SPACE ACCORDING TO THE CONSUMER
PRICE INDEX (CPI), AND ADDING
PENALTY FOR LATE PAYMENT OF
WAIVER FEE AND CHARGING INTEREST
ON BALANCES UNPAID AFTER 30 DAYS.
[Applicant: Community Planning &
Revitalization Dept.] (See label
61)
(B) BRIEF COMMENTS CONCERNING THE
LASER TOWER IN BAYFRONT PARK.
(A) STATEMENT BY COMMISSIONER
PLUMMER CONCERNING CENTENNIAL
CELEBRATIONS: (1) GALA IN
FEBRUARY/ (2) ARRIVAL OF OLYMPIC
TORCH ON JULY 4TH, (3) RAISING OF
OLYMPIC FLAG AT BAYFRONT PARK
TORCH OF FRIENDSHIP, (4) BURIAL
OF TIME CAPSULE DURING FESTIVAL
OF FESTIVALS (JULY 27 & 28), (5)
DEDICATION OF PIECE OF ART BY
COCONUT GROVE ART FESTIVAL.
(B) MAYOR CLARK REQUESTS CITY
ATTORNEY TO PREPARE NECESSARY
LEGISLATION IN ORDER FOR PLANNING
AND ZONING ISSUES TO BE
CONSIDERED EARLIER IN THE DAY
THAN PRESENTLY PERMITTED.
DISCUSSION 194-201
12/7/95
DISCUSSION 201-203
12/7/95
60.
wi
(A) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TEXT, ARTICLE 11,
SECTION 1106 (NONCONFORMING
STRUCTURES) IN ORDER TO (1) PLACE
LIMITATIONS ON PERCENTAGE OF
ALTERATIONS PERMISSIBLE TO
EXISTING NONCONFORMING
STRUCTURES; (2) TO PROHIBIT
ENLARGEMENTS AND EXTENSIONS OF
NONCONFORMING ACCESSORY
STRUCTURES; AND (3) TO REQUIRE
SPECIAL EXCEPTION PERMIT FOR
ENLARGEMENTS I EXTENSIONS OF
NONCONFORMING PRINCIPAL
STRUCTURES. [Applicant:
Community Planning &
Revitalization Dept.] (See label
63)
(B) COMMISSIONER PLUMMER PROPOSES
VOTE OF THANKS TO RODNEY BARRETO
FOR OBTAINING AT&T SPONSORSHIP OF
THE CENTENNIAL BIRTHDAY
CELEBRATIONS.
61. (Continued) SECOND 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 30 DAYS.
[Applicant: Community Planning &
Revitalization Dept.] (See label
58)
DISCUSSION
12/7/95
ORDINANCE
11329
12/7/95
203-204
204-205
SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
ARTICLE 6, 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) -- PROVIDE FOR
REVOCATION OF REQUIRED OFF-STREET
PARKING WAIVERS FOR NON-PAYMENT
OF REQUIRED FEES OR DEMOLITION OF
STRUCTURE(S) ON BENEFICIARY
PROPERTY -- PROVIDE THAT NEW
DEVELOPMENT OR ADDITIONS OF
SQUARE FOOTAGE TO EXISTING
DEVELOPMENT SHALL NOT BE ELIGIBLE
FOR A WAIVER OF REQUIRED OFF-
STREET PARKING. [Applicant:
Community Planning &
Revitalization Dept.]
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
ARTICLE 11, SECTION 1106
(NONCONFORMING STRUCTURES) -- IN
ORDER TO (1) PLACE LIMITATIONS ON
PERCENTAGE OF ALTERATIONS
PERMISSIBLE TO EXISTING
NONCONFORMING STRUCTURES; (2) TO
PROHIBIT ENLARGEMENTS AND
EXTENSIONS OF NONCONFORMING
ACCESSORY STRUCTURES; AND (3) TO
REQUIRE SPECIAL EXCEPTION PERMIT
FOR ENLARGEMENTS / EXTENSIONS OF
NONCONFORMING PRINCIPAL
STRUCTURES. [Applicant:
Community Planning &
Revitalization Dept.] (See label
60)
ORDINANCE
11330
12/7/95
ORDINANCE
FIRST
READING
12/7/95
206-207
207-208
64. APPROVE THE 1995-2001 CAPITAL R 95-893 208-209
IMPROVEMENT PROGRAM AS A GUIDE TO 12/7/95
CITY AGENCIES, BOARDS AND
DEPARTMENTS. [Applicant: Office
of Asset Management & Capital
Improvements.]
65. FIRST READING ORDINANCE:
ESTABLISH APPROPRIATIONS FOR CITY
OF MIAMI CAPITAL IMPROVEMENTS --
CONTINUE / REVISE PREVIOUSLY
APPROVED SCHEDULED CAPITAL
IMPROVEMENTS PROJECTS --
ESTABLISH NEW CAPITAL, IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL
YEAR 1995-1996 -- REPEAL
PROVISIONS OF ORDINANCE 11205
WHICH MAY BE IN CONFLICT WITH
THIS ORDINANCE. [Applicant:
Office of Asset Management &
` Capital Improvements.]
66. COMMISSIONER PLUMMER STATES THAT
THE CITY NEEDS A RIGID,
ENFORCEABLE LOT -CLEARING PROGRAM
TO REQUIRE PROPERTY TO OWNERS
KEEP THE EXTERIORS OF THEIR
PROPERTIES CLEAN.
67. (Continued) COMMISSIONER DAWKINS
REQUESTS THAT RESOLUTION 95-862
(TO WAIVE PROHIBITION CONTAINED
IN COE 83-53, FLORIDA COMMISSION
OF ETHICS, AS IT APPLIES TO ANGEL
GONZALEZ, WHO SERVES ON CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY
BOARD, IN RELATION TO HIS
EMPLOYMENT WITH THE ECONOMIC
DEVELOPMENT AGENCY ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY,
WHICH RECEIVES COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS) BE
BROUGHT BACK FOR RECONSIDERATION
AT NEXT COMMISSION MEETING. (See
label 24)
ORDINANCE 209-210
FIRST
READING
12/7/95
DISCUSSION 210-211
12/7/95
DISCUSSION 212-213
12/7/95
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 7th day of December, 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
-r< session.
The meeting was called to order at 9:10 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
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 Chief Donald Warshaw, after which, Mayor Clark led
those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
ministration withdrew t e following agenda items: CA-8, CA-17,
18, 19, 20, 26, 31 & 39.
1
December 7, 1995
----------------------------------------------------------------------
I. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) Commendation: Chief Donald H. Warshaw -- for enabling Miami to be the host of
the "102nd International Association of Chiefs of Police Conference."
(B) Certificates of Appreciation: Assistant Chief Raymond Martinez, Captain Manuel
Diaz and Sergeant Gladys Leborgne -- for their outstanding role in coordinating the
"102nd International Association of Chiefs of Police Conference."
f (C) Proclamation: Association for Retarded Citizens South Florida Day -- for their
k'
r s, efforts and contributions toward the health and well-being of Miami's citizens.
Presented to Richard Cooper by Vice Mayor Gort.
(D) Congratulations: Miami Police Department -- for having been accredited by the
Commission of Accreditation for Law Enforcement Agencies, Inc. The
accreditation means that the Miami Police Department has met the requirements of a
highly -regarded and broadly -recognized body of law enforcement standards
agencies.
NOTE FOR THE RECORD: Commissioner Carollo entered the
meeting at a.m.
-- -------------------------------------------------------------------
2. MAYOR CLARK REQUESTS A MOMENT OF SILENCE IN
REMEMBRANCE OF PEARL HARBOR DAY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ladies and gentlemen, very serious for just a moment. Fifty-four years ago, on a
Sunday morning on December the 7th, 1941, something terrible happened when more than 2,000
sailors and soldiers were killed during the aerial attack on the United States Naval Base in Pearl
Harbor in Hawaii. Today, after more than a half century of time, the Great Healer has
transformed our former enemies into friends, and that day called by President Roosevelt as a day
which will live in infamy, is to be remembered, honoring the memory of thousands of men and
women who were willing to sacrifice their lives fighting for a better and a peaceful world. At
this moment, it is appropriate that we bow our heads in a moment of silence for the... to show
homage to those fine heroes. Thank you. How many present were in that second war? What
about me? We got one up here, too, Willy. Thank you very much.
2 December 7, 1995
..., -------------------------------------------------------------
3. MAYOR CLARK REPORTS ON THE STATUS OF HIS HEALTH, AND
STATES THAT HE HAS NO PLANS TO RESIGN. (See label 54)
Mayor Clark: Webster defines "rumor" as an opinion disseminated having no discernible
foundation. Without taking much of your time, I would like to disprove and silence those
comments that, without any known authority, are speculating about my health and political
future. As I publicly informed last month, after my return from Mayo Clinic, I started treatment
for cancer. Today, it's my pleasure to inform you that, according to my doctors, I am responding
well to the treatment. And hence, in order to put to rest these kinds of rumors and innuendos -
and they're all over the world - some by my former opponents and others through the radio
waves, in Spanish, that I don't truly understand - I'd like to repeat what I said at my last press
conference. I have no plans to resign. I will be your Mayor until God and the people decide
otherwise.
(APPLAUSE)
Mayor Clark: There were rumors to the effect that I would resign from this position today or on
January the loth, or the 11th, or 12th, or 15th. As I chatted with my colleague of many, many
years - some three decades - J.L. Plummer, he said, "We'll be here until hell freezes over."
Unidentified Speaker: Amen.
(APPLAUSE)
Mayor Clark: And for those naysayers that thought this would be their day to celebrate because
of the demise of Steve Clark, I'm sorry that I misinformed you and I misrepresented the
otherwise rumors that have been disseminated. So if you hear that story anywhere, you tell them
that that is nothing but a major fabrication without discernible foundation, no truth. We'll be
here. We're here today. I have missed a couple of meetings. I have served in public office for
35 years in this City and in this County. I have probably missed 15 meetings out of 35 years,
and I don't plan...
(APPLAUSE)
Mayor Clark: Any of my colleagues that must take an afternoon or a day off because they're not
feeling well is perfectly acceptable by myself and the public that we serve. I think it's totally
unconscionable for people to mention that if he doesn't attend a meeting, we'll ask him to resign.
I don't know where it came from, but if the shoe fits, wear it. And I want to tell you that I'm
going to be here until God and the people decide otherwise. Thank you.
(APPLAUSE)
Commissioner Plummer: Mr. Mayor, do you know how much coffee they're going to sell
tonight at Versailles?
Mayor Clark: Yes.
(LAUGHTER)
K]
December 7, 1995
.; ..
T:.
Commissioner Plummer: "Chismosos entrada."
Mayor Clark: I supplied them with 200 pounds last night.
---------------------------------------------...------------------.....---
4. COMMISSIONER DAWKINS OFFERS CONDOLENCES TO THE FRIENDS
AND FAMILY OF GEORGE LIPKINS, OPA-LOCKA VICE MAYOR AND
ADVOCATE OF THE JOBLESS / HOMELESS / POOR.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor...
Mayor Clark: Yes, sir.
Commissioner Dawkins: ... and fellow Commissioners, I'd like for us to perhaps say a silent
prayer for the family of Lipkin, one of the Commissioners in Opa-Locks who died yesterday.
Mayor Clark: Suddenly.
Commissioner Dawkins: And I'd like for us just...
Commissioner Plummer: Forty-seven years old.
Commissioner Dawkins: ... for a moment of silence to let his family know that they have our
deepest sympathy.
Mayor Clark: Thank you. We'll do that right now.
Commissioner Dawkins: Thank you.
Mayor Clark: Thank you, sir.
------------------------------------- ----- -------------------
5. DISCUSSION CONCERNING JUNIOR LEAGUE OF MIAMI INC. AND THE
FILM, "OUR MIAMI: THE MAGIC CITY."
Mayor Clark: We're going to take a couple of items out of order, because our Port Director has
a very important meeting in Jacksonville concerning our Port and the appropriations. First of
all...
Commissioner Plummer: Let him go.
Mayor Clark: First of all, the Junior League, on 23-B, 23-B. We're back to the agenda on the
I Junior League. Yes, ma'am, for the identification, your name and address.
E
Ms. Alyce Robertson: Alyce Robertson with the Junior League of Miami. I'm the film
coordinator and the executive producer of the Spanish version of the film, "Our Miami: The
Magic City."
4
December 7, 1995
Commissioner Plummer: They're going to give us the video.
Ms. Robertson: I'm here today with Arva Moore Parks, who is the noted historian - I'm sure
you all know her - and the script- writer on the film. "Our Miami: The Magic City," first
premiered on April 8, 1994. After the premiere of the English version, it was suggested to the
Junior League that we translate it into Spanish, and we proceeded to go looking for the funds to
do that. It took us a while, but 18 months later, we premiered the Spanish version on October
25, 1995. Commissioner Plummer and Vice Mayor Gort were there in attendance, and we were
able to have a very lovely evening with the premiere of the film. Since the premiere of the
English version, we've donated 300 copies to Dade County Public Schools. We've presented the
film to the visiting Presidents with the Summit of the Americas. We've donated the use of the
film for Channel 2, Channel 34, and Net 9. The translation was done by Humberto Estenoz. It's
narrated by Pepe Yedra. You might recognize his name as the newly elected Councilman in
Hialeah. The Spanish version will be donated also to Dade County Public Schools, 300 copies
of that. And on behalf of the Junior League of Miami, we'd like to give each of you a copy of
:. " Nuestro Miami, la Ciudad Magica," and say happy birthday, Miami.
.. Mayor Clark: Thank you so much. Arva.
Ms. Arva Parks: Alyce gave me the opportunity to also thank you for what's going on now with
the Centennial, and to pass out one more gift for today. I wear another hat. I'm chairman of the
Orange Bowl Parade, and I want to be sure... We are so excited that our beloved Mayor Clark is
going to be our Grand Marshal, to celebrate his unique history of leadership in this community.
And you stand alone as our most important, longest -term leader that we've ever had in our
history, so we're very pleased with that. We are also very pleased... And you're going to love
the big birthday cake that will end the parade, and the police's float, which we've been working
very close. The Police Department's float is one of my very favorite. Wait till you see it. We
also have the Port. I've got everybody waiting for me to... The Port is a wonderful magic
magician. We've changed everything this year for the parade, and it's going to have a whole
new look, and it's two hours, and I hope you will all be there. I have a pin I'm passing out,
because it's most importantly - it is our City's Centennial Parade. And thanks to the leadership
now of J.L. Plummer that we've got into this Centennial Committee, everything is really coming
together. So we thank you for that.
Mayor Clark: Thank you, Arva. We're so happy that J.L.'s in charge of that, because he's one
of our senior - the senior member of this Commission, and also a native of the community, and is
doing an excellent job. J.L., we congratulate you.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Clark: Keep up your good work. All right, now. Thank you very much ladies.
5 December 7, 1995
x t,
ODS
6. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH DR.
ANTONIO JORGE, CONSULTANT -- TO UPDATE CITY OF MIAMI
STRATEGIC PLAN OF 1990 (DECEMBER 1, 1995-SEPTEMBER 30, 1996),
ALLOCATING $48,000 -- COMMISSIONER DAWKINS REQUESTS
CONSULTANT TO EXPLAIN PROPOSED UPDATED STRATEGIC PLAN,
INCLUDING JOB PLACEMENT STRATEGIES IN LIEU OF LAYOFFS.
Mayor Clark: We also have Antonio - Antonio Jorge. Doctor. Yes, doctor. I should know him.
We attend mass together, right?
Dr. Antonio Jorge: How do you do, Mr. Mayor?
Commissioner Plummer: What item?
Vice Mayor Gort: Thirty -three -A.
Mayor Clark: Thirty -three -A. Proceed, Doctor.
Dr. Jorge: My name is Antonio Jorge. I should state my address. 311 Southwest 27th Road.
And the purpose of my visit relates to the updating and implementation of the strategic plan for
the City of Miami that was elaborated about five years ago by City employees and myself, as a
consultant, under Mr. Odio. And the reason for that, again, is that the plan needs to be updated,
and after that, implemented through the NET (Neighborhood Enhancement Teams)
organizations for the purpose of activating or stimulating the economic development of this City.
That's basically the purpose of it.
Mayor Clark: All right, Doctor. Mr. Gort.
Mr. Cesar Odio (City Manager): This is a... Mr. Mayor, I recommend this. This is of vital
importance. Our strategic plan is now five years old, and we have to begin the update data so
that we can continue our implementation in the neighborhoods.
Commissioner Plummer: Will this take us for another five years?
Mr. Odio: Yes, once we implement it. It's five years at a time.
Commissioner Dawkins: What is this?
Mayor Clark: Thirty -three -A.
Commissioner Plummer: OK.
Commissioner Dawkins: Thirty -three -A?
Commissioner Plummer: The only question that I have is, I hope that we, the Commission, will
have the opportunity of input - OK? - simply because it's nice to put a plan together, then bring it
before this Commission, and this Commission doesn't agree with it. So I would hope before you
come out with even a draft that you will consult the members of this Commission and get their
6 December 7, 1995
come out with even a draft that you will consult the members of this Commission and get their
ideas to incorporate in that plan, because we're the: ones that are going to be looked to, to
implement or not implement, and we're the ones who have got to find where the money is
coming from to see that it can be done, and that we don't make false promises.
Mr. Odio: Yes, sir.
Commissioner Plummer: So I'm saying, you better consult with the Commission if you want to
come up a success.
Dr. Jorge: Definitely.
Commissioner Dawkins: You know, I will vote against this, and the reason I'm going to vote
against it is just what J.L. said. You came up before with a strategic plan I knew nothing about.
All of a sudden, it's passed to me, and it's said, "This is the strategic plan." What is it? What is
it supposed to do? And it says, "This is the strategic plan for the City of Miami." Now, you're
talking about updating that strategic plan, which I never knew nothing about, which I never
understood. Why I don't understand... Hmm?
Mr. Odio: No, sir. What we're doing is economic data. It's not a plan on how you're going to
deal with the problem, but how - what the problems are - identify the problems that we have...
Commissioner Dawkins: OK. Mr. Mayor...
Mr. Odio: ... the problems that we may have, and then know how to deal with it.
Commissioner Dawkins: Mr. Mayor, I move that this be deferred until they explain it to me, and
bring it back at the next meeting, where I can vote on it intelligently, in my opinion.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission?
Commissioner Dawkins: Wait a minute, sir.
Mayor Clark: Just a moment. Just a moment, please. Have a seat.
Commissioner Dawkins: I have a motion, and it's dying for the lack of a second.
Commissioner Plummer: Well, wait a minute, excuse me. May I try to offer a compromise,
Commissioner.
Commissioner Dawkins: No, ma'am - no, sir. Either we vote it up or down. I don't need a
compromise.
Mayor Clark: All right, on the item itself.
Commissioner Plummer: Well, wait a minute, wait a minute. The man is asking for a
deferment. I don't see anything wrong with it, and I was hoping... I'll second the motion for
discussion, under discussion. I would hope, Commissioner, that you would be agreeable that the
motion be approved, subject to your five days to meet with this gentleman. If you have an
objection, then bring it back. If you don't, then let it be approved. I would hope that would be
acceptable to you.
Commissioner Dawkins: OK. J.L., if that was acceptable, they would have come to me before
now, I would not have had to come up here and say I don't understand it, and be put in a position
7 December 7, 1995
OR
where - I don't know what my agenda is for next week - where I've got to fit this in, and sit
down and see them. That's unfair to me.
Vine Mayor Gort: Put it for the next...
Commissioner Dawkins: I mean, this is a part-time job. This is not a full-time job.
Commissioner Plummer: Sometimes I wonder.
Commissioner Dawkins: And I have other agendas.
Mayor Clark: All right. Let's move.
Commissioner Plummer: OK. If that's not agreeable, I still second the motion.
Mayor Clark: All right.
r:
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Vice Mayor Gort: I'd like to say I was not present when this plan was put together, but that has
helped me quite a bit. I've read the five-year plan. I think some of the things we're doing are in
accordance to that plan. I agree with J.L. and Commissioner Dawkins that this should be
brought to us as a draft so we can have some input in it. I think it's very important to know if we
have the feasibility to do some of the plans. But the ones... I've read it. It's got some real good
things. But the problem is, we needed to update it with the figures. The figures are back from
1985, I understand, so we have to bring it up with the figures of the 1990s. I'd be in favor of
deferring.
Mayor Clark: All right. On the motion, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-831
A MOTION TO DEFER UNTIL THE NEXT COMMISSION MEETING
CONSIDERATION OF AGENDA ITEM 33A (AUTHORIZING MANAGER TO
EXECUTE AN AGREEMENT WITH CITY CONSULTANT DR. ANTONIO JORGE,
TO UPDATE THE CITY OF MIAMI STRATEGIC PLAN OF 1990 IN AN AMOUNT
NOT TO EXCEED $48,000) IN ORDER THAT SAID CONSULTANT CAN
PROVIDE COMMISSIONER DAWKINS WITH HIS RESUME AND MORE FULLY
EXPLAIN TO COMMISSIONER DAWKINS THE PROPOSED UPDATED
STRATEGIC PLAN, INCLUDING EXPLANATIONS REGARDING JOB CREATION
i IN THE CITY OF MIAMI AND ECONOMIC DEVELOPMENT STRATEGIES IN
LIEU OF LAYOFFS.
December 7, 1995
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
Commissioner Joe Carollo
Commissioner J.L. Mummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
Commissioner Dawkins And when you bring it to me, bring me your resume and the other
plans like this that you have produced.
Dr. Jorge: May I say something, Mr. Mayor?
Mayor Clark: You sure may.
Dr. Jorge: I'm putting this forward not just for myself, but out of my respect for the
Commissioners of the City of Miami and the employees of the City. I just want for you to know
that this strategic plan has been adopted by a number of cities in the United States of America,
and that this plan...
Commissioner Plummer: Could we get a royalty?
Dr. Jorge: And that this plan has been singled out for praise by a number of different
organizations. And I'd like you to know that the plan is already being implemented through the
NET structure, so in effect, the City is already implementing the plan. It's not something which
is taking from the City. It something which has been tested so far. What Mr. Odio was
proposing was first the updating of the plan, because the data is based on the 1990 census, and it
hasn't been updated, which is going to be a problem. And secondly, what he has proposed is the
further implementation and separation of economic development of the City through the
Neighborhood Enhancement Plan, as contained, or as crystallized in the NET projects. This is
all that this plan is about.
Mayor Clark: OK.
Dr. Jorge: I'm just offering this by way of information.
Mayor Clark: All right.
Commissioner Dawkins: When you come to me to explain it to me, I want you to explain to me
what you're going to do economically in the City of Miami with this plan, when all businesses
are laying off people, when all businesses are downsizing, when everybody is closing out. And I
want you to specifically tell me how you are going to create jobs in the City of Miami with
economic development when you come back, sir.
Mayor Clark: Thank you.
Commissioner Dawkins: That will be one of the things I'll be looking for.
Mayor Clark: Thank you. The item has been deferred until the next meeting. Thank you,
Doctor.
7
December 7, 1995
Mr. Gonzalez-Goenaga: I would like to say for half a minute...
Mayor Clark: No. Please hold it for the hearing.
Mr. Gonzalez-Goenaga: It's important, because I love to have input in this issue. Not only... I
know that you are very well versed in everything, but sometimes the fools have very good ideas.
So...
Mayor Clark: Please, Mr. Gonzalez, the item has been deferred.
Mr. Gonzalez-Goenaga: I love to be called and testify before the...
Mayor Clark: Please save your words for the next meeting.
Commissioner Carollo: Manny, let me say this for the record. You're no fool. You're a very
r`
bright, intelligent individual.
Mayor Clark: All right, thank you.
-- -------------------------------------------------------------------------
7. APPROVE INTERLOCAL / LEASE AGREEMENT WITH METROPOLITAN
DADE COUNTY FOR DEVELOPMENT OF THE MARITIME PARK
PROJECT, WITH PROVISOS -- APPOINT COMMISSIONERS J.L.
PLUMMER AND JOE CAROLLO TO THE MARITIME (BOARD. (See label
11)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now we're moving to a special item out of order. I'd like to recognize our great
friend, the County Manager, Mr. Vidal, along with his colleagues, the Port Director, Mr. Carmen
Lunetta, and Mr. David Morris, the Finance Director. Mr. Manager, on item 2A.
Mr. Armando Vidal: Mr. Mayor and Commissioners, good morning, Mr. Manager. It's a great
pleasure...
Commissioner Dawkins: Pull the mike up. Pull the mike up a bit. Thank you.
Mr. Vidal: I'm sorry. It's a great pleasure for us to be here this morning. What I would like to
do at this point in time is to ask our great Seaport Director, Carmen Lunetta, to give you a brief
presentation on the agreement that was successfully concluded between the City Manager and
the County Manager in the recent past.
l
Mayor Clark: Thank you, sir.
Commissioner Dawkins: And all of these things that we'll discuss... Everything that Mr.
Lunetta is getting ready to discuss is in this package that was sent to me.
Mr. Vidal: Yes, sir.
Commissioner Dawkins: There's no changes in this at all. There's no changes in what you
presented to me in my package...
Mr. Vidal: Yes, there is.
10 December 7, 1995
1
Commissioner Dawkins: OK. ... to approve that will be brought up this morning that I have not
seen and do not know anything about.
Mr. Vidal: There are no substantive changes...
Commissioner Dawkins: Are there any changes in this that I have not seen?
Mayor Clark: Let's ask the Manager.
Mr. Cesar Odio (City Manager): 'There are some changes that will have to be made here on the
floor, to make sure they are on the record.
Commissioner Dawkins: That they're only what, sir, Mr. Manager?
Mr. Odio: We want to put some changes on the record, so when you vote, you know what
you're voting.
Commissioner Dawkins: Some changes on the record to a document that you gave to me...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... to be presented today. When were these changes made, Mr.
Manager? I mean - not made - when were they agreed on?
Mr. Odio: We have been negotiating up to last night and early this morning.
Commissioner Dawkins: And there are no substantial changes.
Mr. Odio: There are no substantial changes...
Commissioner Dawkins: OK,
Mr. Odio: ... except - wait a minute...
Commissioner Carollo: It's definitely nothing that's going to be detrimental to the City of
Miami, Miller.
Mr. Odio: There are no substantial changes...
Commissioner Carollo: There are areas that protect us more.
Mr. Odio-. ... on the terms...
Commissioner Plummer: Well, excuse me.
Mayor Clark: Please, now. One at a time.
Commissioner Dawkins: J.L....
Mr. Odio: You want to explain it, or...
Commissioner Plummer: Go ahead. I'll listen to you and then I'll talk.
t5 E
Mr. Odio: There are no substantial changes on the terms. The terms remain the same. There are
some changes in a bridge, in that the bridge over to Bayside, that the Rouse Company has not
agreed on the fact that we should put a twelve million dollar ($12,000,000) promenade to go
across to Bayside. They felt that that would be an unnecessary competition to them. So we had
a twelve million dollar ($12,000,000) figure for a bridge over to Bayside. We have reduced that
amount to up to one million dollars ( 1,000,000).
Commissioner Dawkins: Why would Bayside have the right to turn down that which Carmen
Lunetta is trying to help me make tax dollars with?
Mr. Odio: Carmen Lunetta did not want to spend twelve million dollars ($12,000,000) on a
bridge.
Commissioner Dawkins: No, no. Wait a minute, now. That's not what you said.
Mr. Odio: I said... I said....
Commissioner Dawkins: You said the Rouse Company did not want the bridge, because the
bridge would be unfair competition to the Rouse Company.
Mr. Odio: Yes. And the reason the Rouse Company can have a say on this is that they have a
portion of land between the Port and Bayside that we need for them to release. Other... If we
don't build a bridge over to Bayside, they will not release that land back to us.
Commissioner Dawkins: All right. What is it that... What is it the City of Miami has that
Bayside needs, if I don't release to get the land?
Mr. Odio: We are perfectly... We don't... Bayside doesn't need the City of Miami at this time
for anything.
Commissioner Dawkins: They don't... They do not need us on the construction of the Port, the
marina, or nothing? They don't... I mean, they have all the rights and privileges that they need
in order to construct the marina that they're talking about constructing?
Mr. Odio: The marina is going to be built by the City of Miami.
Commissioner Dawkins: But that... What... Who will it...
Mayor Clark: Benefit?
Commissioner Dawkins: No further questions.
Commissioner Plummer: Commissioner, I believe it's to everybody's advantage, including the
County, that we don't have to spend twelve million dollars ($12,000,000) on a promenade bridge
over to Bayside.
Mayor Clark: All right.
Mr. Odio: What we do need is a walkover from the Port project to Bayside, so that the people
that travel on the cruise ships can enjoy Bayside at the same time.
Commissioner Carollo: Well, not only that. Let's lay it as it is. It's absurd to be spending
twelve million dollars ($12,000,000) in a crossover bridge in such a small area, from one place
to the other. I mean, that is almost obscene, if I may use the expression.
12 December 7, 1995
Commissioner Plummer: And so much so, Joe, because they're not paying a dime of it. It's to
their benefit.
Mayor Clark: All right. Let's proceed. Let's proceed.
Commissioner Plummer: Mr. Mayor, I have one other thing I want to lay on the record.
Mayor Clark: Say it.
Commissioner Plummer: Because it's been - as you know - my "bugaboo" has been... Mr.
Manager.
Mr. Odio: Yes, sir.
Commissioner Plummer: I want to make sure that - it is a substantive change in my estimation -
my objection, up until this morning, was that they were not going to pay off the bonds that are
still imposed on this property. It is my understanding that they have agreed this morning that
they will pay off the bonds relating to this, so that the taxpayers of the City will not be obligated.
The only thing that they requested - and I have no problem with - is that instead of paying it off
in a lump, they pay it off on an annual basis, as the City would have been required to do, and as
such, I remove my objection,
Mr. Odio: It is agreed by the County...
Commissioner Plummer: But it is a substantive change, Commissioner, so I want that on the
record, because I have fought for that.
Vice Mayor Gort: It's a good change.
Commissioner Plummer: It's a five million dollar ($5,000,000) change, OK?
Mayor Clark: Very good. Mr. Lunetta, you now have the...
Commissioner Dawkins: Are there any other substantial changes or insubstantial changes, Mr. -
in this?
Mr. Odio: We had differences in language on the CPI (Consumer Price Index) increases on the
rent.
Commissioner Dawkins: Why? Why?
Mr. Odio: That has been worked out successfully that the CPI increases, how they will be
applied. It's simple formulas on how we will apply the CPI increases to the rent.
i
Commissioner Dawkins: OK.
Mr. Odio: And that was something between lawyers that had to be worked out. What we have
to... Specific construction schedules were not spelled out, because we were working until the
f last minute to see when this would be finalized. Those construction schedules have now been
! worked out.
1; Commissioner Dawkins: OK.
13 December 7, 1995
Mr. Odio: And they are... Now, we have it already drafted on page 35, 36, and 37 of the draft of
the agreement.
Commissioner Dawkins: OK. And I'm voting against this, first, on principle.
Mayor Clark: OK.
Commissioner Dawkins: I'm voting against it because you should have had it to my hand, or
don't put these kind of changes. Now, the last. thing I have to ask is, the money that's supposed
to be generated to go into that phantom box of money that's supposed to develop Overtown,
what's going to happen... Mr. Manager, you cannot hear me and hear Christina.
Mr. Odio: I can... Yes, sir. Go ahead.
Commissioner Dawkins: You can?
;y
Mr. Odio: Go ahead, sir.
Commissioner Dawkins: And what did I say then?
Mr. Odio: No, I said go ahead, sir.
Commissioner Dawkins: What did I say?
Mr. Odio: You are right, sir.
Mayor Clark: Mr. Dawkins, as of yesterday, when we attended the opening of the bank...
Commissioner Dawkins: Mr. Mayor, would you let me finish what I have to say?
Mayor Clark: I'm...
Commissioner Dawkins: Then you can...
Mayor Clark: All right, fine. You go ahead and finish.
Commissioner Dawkins: You clarify. OK? Mr. Manager, there is money from this project that
is supposed to be earmarked for the Overtown/Park West Development. Is that a correct
statement?
Mr. Odio: No, sir.
Commissioner Dawkins: OK. What is... What did... What did they promise the Overtown in
rent or subsidies or something, if this project went through? Nothing?
Mr. Odio: No, sir. There was nothing promised to Overtown in this project. I have said all
along, and I will say it again, that we worked out the terms on rent to receive back, and to get
paid for our land, and...
Commissioner Dawkins: OK. Well, what...
Mr. Odio: And that rent...
Commissioner Dawkins: What was supposed to happen to the rent?
14 December 7, 1995
Mr. Odio: It comes to the City of Miami and so...
Commissioner Dawkins: And the City of Miami is supposed to do what with it?
Mr. Odio: It's up to this Commission to decide where that money goes.
Commissioner Dawkins: And this Commission decided, in order to float this through, the
money would go to Overtown.
Mr. Odio: No, sir, at no time.
Commissioner Carollo: Well, those, Commissioner, are two separate issues, and while it's a
very, very important issue, I don't think it's fair to combine and intermingle both issues. That is
an issue that it's up to this Commission to decide, and really, it would entitle a whole different
set of discussions and times just for that issue, once we have money in hand, Miller. Right now,
there's no money in hand.
Commissioner Dawkins: OK. OK. No further questions, Mr. Mayor.
Commissioner Carollo: I will say this, however, that I don't agree with what the Manager said,
that out of these negotiations that we've done, there is nothing that has been given to Overtown,
because we are getting a two million dollar ($2,000,000) fire station being built there that is
going to benefit Overtown directly, also. So...
Mr. Odio: I thought we were talking about monies, Commissioner.
Commissioner Carollo: Well, but that is money. It's still money. I mean, two million dollars
($2,000,000) in a fire station, you know, is substantial to me, besides other things that directly
and indirectly Overtown will benefit from. But we need to do a heck of a lot more for
Overtown. But that's an issue that we need to dedicate ample time to for this Commission to
discuss and to do right. But I don't think it's the time now to intermingle one with the other.
Commissioner Dawkins: No further questions, Mr. Mayor. And Carmen, I apologize for taking
up this time. Go right ahead.
Commissioner Carollo: Well, the questions...
Mayor Clark: I wanted to report to you...
Commissioner Carollo: The questions that Commissioner Dawkins has been asking, likewise,
Commissioner Plummer, are very valid questions that needed to be asked, and we needed to
bring out into the open and explain to them, because this is too important and it's too great of a
project not to take the time in the sunshine to make sure that all the questions that not only
members of the Commission have, but also individuals from the public have, be aired. So I think
that the time, Commissioner, has been spent wisely, by your questions.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: As of yesterday, Mr. Dawkins, for your edification, at the dedication of the new
bank in Overtown, the Republic National Bank branch, I stated that this City is willing to take
the first payment we receive and deposit in that bank to show the people in Overtown that we
have the ability to loan money out, in the very effort that you're speaking of. And they
applauded that graciously, because they said, that's the first time the City of Miami... And I
15 December 7, 1995
said, "I also expect the County to involve itself in that bank, where it can loan money out to the
people, and show that the County's involved, like the City is going to be involved." Well
approved by the people that attended that dedication yesterday. Mr. Lunetta, yes, sir.
Mr. Donald Benjamin: Mr. Mayor...
Mayor Clark: Would you let Mr. Lunetta start off with it and we'll come back...
Vice Mayor Gort: Mr. Mayor...
Mr. Benjamin: Well, this is so current, I think I'd like to comment on it.
Mayor Clark: I understand.
i Mr. Benjamin: My name is Donald F. Benjamin. I'm the Chairman of the Overtown Advisory
Board.
Mayor Clark: Yes, sir.
Mr. Benjamin: And just about two weeks or so ago, I was at a public meeting, and there was
some discussion on this very project. And the statement was made by Chairman Teele, and
supported by Commissioner Carollo, that from this project, there will be two million dollars
($2,000,000) earmarked for Overtown every year, I think - at least for five years - I'm not too
sure about the period. But there was an open commitment, public statement. Now, as Chairman
of the Overtown Advisory Board, I took this as fact, and have been circulating all over the
community, very joyful that, at last, we're getting a little pittance, really, out of some very
substantial project. I'm amazed, and confounded, and dismayed, and whatever else I can say, to
hear the statement by the City Manager that there is no money earmarked for Overtown. Now,
the fire station thing, I don't understand that. We thought there was cash, which can be
converted to something, but a fire station, you know, I don't under... We're not burning down
Overtown anymore. We finished doing that. There's nothing to burn down anymore. We need
cash for the development of Overtown. Two million is a pittance, really.
Mayor Clark: Mr. Benjamin, that will probably be a reality. I'm not guaranteeing anything, but
I can tell you that I'm sure that my colleague's statement at that time expressed the wishes - I
don't know whether you made the statement or not -
Commissioner Carollo: No, I did not, Mr. Mayor.
Mayor Clark: expressed the wishes... We don't have any money at all at the present time.
There's nothing. This is all talk. But give us a chance to respond to your wishes...
Vice Mayor Gort: Unless we vote on this.
Mayor Clark:... and I'm sure we will in a very positive fashion.
Mr. Benjamin: My concern is, I take my responsibilities very seriously, as Chairman of the
Overtown Advisory Board. And when a statement is made, unequivocal, that monies will be
!, coming in to benefit Overtown, I think I have a responsibility to share this information with the
public.
Mayor Clark: You sure do.
Mr. Benjamin: Which I have done.
16
December 7, 1995
4
Mayor Clark: Yes, sir.
Mr. Benjamin: So now, you know (laughing)...
E-
Mayor Clark: Give us a chance to...
Commissioner Dawkins: Well, go back and "unshare" it.
Mr. Benjamin: I can't.
It's in the (laughing)...
Commissioner Dawkins: OIL, then, no problem.
Commissioner Carollo:
Mr. Benjamin, Mr. Benjamin, please.
Mayor Clark: Please give us a chance to respond.
Commissioner Carollo:
Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Carollo:
I have to clarify this.
Mayor Clark: Yes, sir.
Commissioner Plummer: Somebody better.
Commissioner Carollo: And, you know, this is a prime example of, if you don't clarify things
immediately, how things can be turned, and before you know it, you start saying one thing, and
by the time a week comes along, it's totally different. Mr. Benjamin, we've known each other
for some time, and I think we have a mutual respect for each other. And you certainly have my
commitment to work with you and your Board, and all of the people of Overtown and Park
West. But I cannot... And I did not make a statement stating any figures of monies that would
be used, for the simple fact that I'm only one vote in this Commission. We have to decide this as
a whole. I did, in a County Commission meeting, together with Chairman Teele, make a
statement - and he made it on his own. I could have taken the easy way out and not said a word,
just sat back, but, you know, I went forward, and I put a piece of my mind on the open record
and said that we should use part of that money for Overtown/Park West, which is part of what I
consider the area that we have to use it in, from the river to the Omni. If we develop that area,
the main part of the City of Miami that's going to be helped even more so will be the area of
Overtown/Park West. Now, you're wrong in just looking at two million dollars ($2,000,000). I
mean, let's talk about how much money we're really going to have out of this project.
Immediately, we're going to have six million dollars ($6,000,000). So this Commission needs to
decide exactly how it wants to use all or part of that money within that whole area that I
described, from Overtown/Park West to the river, to the Omni, to the bay, or if it wishes - which
it can with three votes - take it outside of there. I will not vote for that, but it could, if it so wants
to. What I want to use that money is for it to have a domino effect, so that it could bring even
more money. I just don't want to spend that money and then get one small bang out of it, and no
more. We need to use that money effectively in Overtown/Park West, within that area, to really
bring the promises that we've been talking about, and the dreams that the people of
Overtown/Park West have, and make it a reality, including the - not the rental of apartments, like
we're constantly talking about, but private ownership, private ownership of homes for people
there. Now, besides the six million dollars ($6,000,000) up front, once this gets going in the
different phases, eventually we're going to end up - and hopefully so - with maybe over four
17
December 7, 1995
W.
million dollars ($4,000,000) a year that we will be getting each and every year. it won't be that
much in the beginning. So we're talking about substantial monies, not just a onetime shot of two
trillion dollars ($2,000,000), or one million dollars ($1,000,000), or anything like that. That's
why this will maybe even require a special public hearing, Commission meeting, if the Mayor so
thinks that it does, to discuss this, because this is very substantial, very important, you know, at
least that I can recollect. It's the one project in recent years - or at least to the last couple of
decades - that would have brought the most money to the City of Miami and that would bring it
steadily every year. So I hope I clarified my position as to any statements I made or did not
make.
Mr. Benjamin: Mr. Mayor...
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Mr. Mayor and Brother Benjamin, let's give Commissioner Carollo the
opportunity to familiarize himself with this project. Commissioner Carollo has only been here
thirty days.
Commissioner Carollo: Not even that, Miller.
Commissioner Dawkins: OK? And we - and when I say "we," that means me and you -
Mr. Benjamin: Certainly.
Commissioner Dawkins: - we have gotten more information about this project - me and you - as
to its operations, what its expectations are, and what it's going to do, just from him being here
that short time. So now, let's give him time, and then if he doesn't produce, we'll get on him.
But let's just give him an opportunity with TeeIe to see what can be - come about.
Mr. Benjamin: Mr. Mayor and Commissioners, I certainly didn't intend to indict you or make
any statement..
Commissioner Carollo: Oh, I know that. I know that you didn't do that.
Mr. Benjamin: I heard the statement made very publicly by Chairman Teele, who was rather
confident that this was going to happen, and, you know, we ran... We run... When we hear these
statements, we run with it. Now, I am prepared to work with you and Commissioner Dawkins,
and indeed, anybody else who wants to work with us, because Overtown is alive, it must stay
alive...
Commissioner Carollo: Absolutely.
Mr. Benjamin: ... and whatever we all can do to keep it alive and to make it even more alive,
that's all that matters. Thank you.
Mayor Clark: Thank you, Mr. Benjamin.
Commissioner Dawkins: Mr. Benjamin, remember, Chairman Teele's only got one vote, too.
Mr. Benjamin: I'm aware...
Commissioner Dawkins: OK? All right.
Mr. Benjamin: I'm only saying...
18 December 7, 1995
Commissioner Dawkins: OK. All right. OK.
Mr. Benjamin: You see, you see (laughing)...
Mayor Clark: All right.
Commissioner Dawkins: All right, no problem.
Mayor Clark: All right, Mr. Lunetta.
Commissioner Plummer: Mr.. Mayor, if I may.
Mayor Clark: Yes, sir.
Commissioner Plummer: I have two other things to put on the record. I would hope...
Vice Mayor Gort: Why don't we listen to... I'm sorry, Mr. Mayor. Why don't we listen to the
presentation, write down all the questions, and after the presentation is over, let's ask the
questions.
Commissioner Plummer: I have no problem with that at all.
Vice Mayor Gort: I think it would be a lot easier for everybody to understand, because we have
read... We've got documents that we have read, and we're up to date on this, but I think a lot of
the people that are here, they're not up to date on this. I'd like to hear from them and then...
Mayor Clark: Thank you. Mr. Lunetta, you're on.
Mr. Carmen Lunetta: Mayor Clark, Commissioner Joe Carollo, Commissioner Dawkins,
Commissioner Gort, Commissioner Plummer, the previous dialogue completed my presentation,
and I would ask for a vote. No, I'm sorry (laughing). I'll get into my presentation. I'm happy to
report that both the City and the County staffs have resolved all outstanding issues regarding the
interlocal agreement with the development of the Maritime Park, and the FEC (Florida East
Coast) and the Bicentennial Park. And on November 21st, the Board of County Commissioners
approved this same interlocal agreement before you today. And I stated to the County
Commission at that time, and I state to you, I submit to you today that neither side got all that
they wanted, but we believe the final compromises made in the agreement were in the best
interest of the community. That was important, because the maritime project represents the
redevelopment of Miami's last downtown waterfront property into a mixed use project that will
include cruise ship terminals, entertainment and educational center, and a major urban park. I
believe it goes without question, this project must make a major statement for our community to
the world, and the facility we develop must be of world class to accommodate the additional
ships presently being built, destined for Miami, the cruise capital of the world. And to maintain
that leadership for the future, this facility is a must -and I repeat, a must -because if we do not
have these additional facilities in the FEC and Bicentennial Park within two to three years, we
will be out of space at the Port of Miami, whereby these ships will then be going to other ports,
like Port Everglades, Canaveral, San Juan, Puerto Rico, and the west coast of Florida. So it's
essential that we get on. The project, when completed, will accommodate an additional two
million passengers to our present three million passengers we serve today. The addition of
passengers will produce an additional impact of about five million - billion dollars - that's what
it would be - billion dollars - of economic value to our community, with thousands of new jobs.
This project will require the best we have to offer, both in vision and wisdom, towards
determining the final development of this facility. Mayor Clark, Commissioners, allow me to
19 December 7, 1995
share with you the terms of the interlocal agreement. The lease term. The lease term is a 45-
year initial term with County option for three additional 15 years, or a total of 90 years. The
project development. The project will be divided into two phases. The Phase I is the FEC
parcel, approximately 19 acres today. It divides Phase I into two parts, a I -A and a I-B. The I -A
includes the Port facilities only, It has two terminals, access roads, two berths, approximately
900 parking spaces, 300 of which are dedicated to Port activities and the balance is to serve the
non -Port purposes of the project. Phase I-B includes non -Port facilities, including landscaping,
three to five acres of botanical garden, approximately two hundred to six hundred thousand
square feet of specialty attractions and/or retail space, and pedestrian bridge link to Bayside.
Phase II is the Bicentennial parcel, approximately 36 acres. That, too, is split into two parts, a II -
A and a II-B. Phase lI-A of the Bicentennial Park is nothing more than flip-flopping the I -A
concept over into the Bicentennial Park, which gives us the ability for two additional terminals,
and the parking, and the rest of the entities that I mentioned. Phase II-B of the Bicentennial Park
is the non -Port portion of the Bicentennial parcel, and that, too, will be for commercial use and a
developer. The County has to five years, after completion of Phase I Port facilities, to exercise
its option to develop Phase II. In consideration for the option, the County agrees to maintain the
Bicentennial parcel during the Phase II option period. The City retains the right to develop
outside the maritime footprint that's in that Phase II project, to develop by the City as to
something compatible with noncompetitiveness with the project. And from consideration of the
lease in the project, the initial payment, a six million dollar ($6,000,000) development fee to be
paid to the City upon the County's execution of the agreement, which will follow approval of
both the City Commission and the County Commission, in fulfillment of the following two
conditions: One, the City providing the County with clear title to the proposed lease property,
including satisfactory results and resolutions of the Rouse easement along the southern boundary
of the FEC property; and two, the County, by ordinance, establishing a Maritime Park Board,
described in Article VI of the attached interlocal agreement, which I'll be getting into in just a
little bit more detail later on. I can report to you that the first reading of the ordinance in the
County has taken place on the 21st of November, with the second reading to take place on
December 19th. The annual base rent. The base rent commences three years after approval of
the agreement. Phase I -A is for one million dollars ($1,000,000) per year. Phase 1-B will be
another one million dollars ($1,000,000), or a total for Phase I, two million dollars ($2,000,000).
Phase II -A and Phase II-B, respectively, are the same - a million dollars apiece - two million
dollars ($2,000,000), or a total cost, if the entire project is completed, of four million dollars
($4,000,000) annually. Starting on the first anniversary of base rent payment, the payment will
be adjusted annually by a CPI factor equal to the annual change in CPI or three percent,
whichever is less. If the County exercised any of the extension, base rent is adjusted in line with
then existing property values. There are additional payments. There's a percentage of net -net
revenues that is anticipated from this project. The net -net revenues are defined as project
revenues less operational expenses, debt service payment, and distribution to a renewal and
replacement fund. On the third anniversary of the commencement date, the net -net revenue shall
be divided between the County and the City. There's a preferential distribution to the City. On
the eighth anniversary of the commencement date, or upon commencement of Phase II, the
County pays to the City the first one million dollars of net -net revenue from the project before -
before - calculation of distribution of the balance of the percentage of net -net revenues. The
project construction cost. The County proceeds with full development of the project costs are as
follows: Phase I -A, Port facilities, sixty-eight million dollars ($68,000,000); Phase I-B, FEC,
non -Port facilities, fifty-six million, or a total of a hundred and twenty-four million dollars
($124,000,000). Under Phase II, Bicentennial Park Port facilities, sixty-nine million dollars
($69,000,000); Phase II, Bicentennial, non -Port facilities, fifty-five million, or a total of another
a hundred and twenty-four million ($124,000). Roughly, a project of two hundred and fifty
million dollars ($250,000,000), if it is built in its total conception. In the event the County elects
the option for the entire Bicentennial property, if a developer for the project is not selected, the
County proceeds with the development of the maritime facilities only, and the project costs are
as follows: Phase I -A, FEC Pont facilities, sixty-eight million dollars - the same as I mentioned
20 December 7, 1995
in the full version of the park - with an additional Phase I-B of nine point six million dollars
S'oliars96 million) for landscaping and pedestrian bridge, or a total of seventy-seven point six million
($77.6 million). Under Phase II, Bicentennial Port facilities, it would be sixty-nine
million dollars under Phase II -A, and under Phase II-B, there would be an additional
Bicentennial landsc�$84
in project of fifteen million dollars ($15,000,000), or a total of eighty-
four million dollars ,000,000). If the City exercises its options to develop all or part of the
Phase II non -maritime properties, the County Phase II Bicentennial Park landscaping obligations
shall be decreased in accordance with the percentage of the land taken by the City. With regards
to revenues, we have had an extensive report over the last three years from the Unison Company
in Chicago. You had a consultant, MRA, Mike Ruben and Associates from Philadelphia, who,
in fact, reviewed that report. They are presently even further reviewing that to further
substantiate the numbers of all of the revenue streams that can be derived from this project. That
will be in hand very shortly. But we're very optimistic that, in fact, the Unison report may have
been understated, rather than overstated, in the possibility of revenues to the project. Additional
provisions. The County agrees to make a reasonable effort to secure a developer for Phase I-B
within one year, but will continue effort for up to five years. If no developer is secured within
five years, the undeveloped non -Port acreage and air rights return to the City. The Maritime
Park Board. The Maritime Park Board is something we came up with to create the ability to be
able to go on with the non -Port facilities, and being able to develop with the developer a concept
through RFP (Request for Proposals) process of a developer that is compatible to what we want
to have in our park. The makeup of that Board will be two from the City, two from the County,
and one appointed by the four that are sitting on that board. The Maritime Board shall have -
oversee the development of all non -Port facilities. The Maritime Board will receive a total of
two hundred thousand dollars ($200,000) towards completion of their task of selecting a
developer. There are environmental issues in both parks. A first phase environmental audit has
been conducted on both FEC and Bicentennial Park properties. The audit reveals that there may
be environmental cleanup costs associated with the Phase I project and the Phase II Port
development. There is a greater liability in the Phase II than there is in the Phase I. The total
cleanup cost is unknown at this time, and an estimate depends on the project design in a second
phase environmental audit, and that will be taken seriously under consideration by whoever the
designers are that are appointed. An agreement has been reached whereby the City and the
County will split the payments of any environmental penalties and cleanup costs as follows:
Under Phase I, the first two million dollars ($2,000,000) will be City responsibility. The second
two million dollars ($2,000,000) will be County responsibility. The balance of the cost divided
half between the City and the County shared...
Commissioner Plummer: That's not in mine.
Mr. Lunetta: ... to be credited against half to the City and half to the County. However, the
County will advance all payment...
Commissioner Dawkins: Say that again. Say that again.
Mr. Lunetta: Yes.
Commissioner Plummer: That's not in my agreement.
Mr. Lunetta: No, that's in the agreement.
Commissioner Dawkins: No, it's not. See, that's another substantial change, but go ahead, say
it again so I can hear it.
Mr. Lunetta: CIS. Phase I, the first two million will be City responsibility.
21 December 7, 1995
Commissioner Dawkins: City responsibility.
Mr. Lunetta: That's correct.
Commissioner Dawkins: Although we're giving you the land, I got to pay to clean it up. Go
ahead to the next one.
Mr. Lunetta: The second two million...
Commissioner Dawkins: Yes.
Mr. Lunetta: The second two million will be the County's responsibility.
Commissioner Dawkins: If there is a second two million.
Mr. Lunetta: If there's a second two million.
Commissioner Dawkins: But if it's only at five hundred thousand, the City has to swallow it all.
Mr. Lunetta: Yes, but that... that...
Commissioner Dawkins: OK. Now, now what happens after that?
Mr. Lunetta: OK. Then you have... In Phase II, OK?
Commissioner Dawkins: Now, wait, now. This is Phase I?
Mr. Lunetta: That was Phase I. Now you got to go to Phase II.
Commissioner Dawkins: OK. Now...
Commissioner Carollo: But explain how the money will be coming for that.
Mr. Lunetta: Yeah. OK.
Commissioner Dawkins: Now, wait now. Phase II, what now?
Commissioner Plummer: No. It's not there.
Mr. Lunetta: There's two phases.
Commissioner Dawkins: Yes, oh, yes. Mm-hmm. Of course.
Mr. Lunetta: Right. FEC, Bicentennial Park.
Commissioner Dawkins: OK.
j: Commissioner Plummer: No, sir.
Commissioner Dawkins: Go ahead. You... I'm talking to me. You go ahead. OK? Go ahead,
sir.
Commissioner Plummer: No, no, it's not in here.
22 December 7, 1995
Mr. Lunetta: (Laughing).
Commissioner Plummer: I'm looking.
Commissioner Carollo: Come on, guys. Give Carmen a break.
Mr. Lunetta: Can I get the Chairman back from Overtown? Let me try. I need some help.
Commissioner Dawkins: Go ahead, now. The second...
Mr. Lunetta: Miller, let me say this.
Commissioner Dawkins: OK, go right ahead, man.
Mr. Lunetta: Let me say this.
Commissioner Dawkins: OK. You and I will go to coffee.
Mr. Lunetta: The City... The City...
Commissioner Dawkins: We'll go to coffee over it. OK?
Mr. Lunetta: OK.
Commissioner Dawkins: All right, go ahead. Go ahead. I'll go to coffee with you over this. Go
ahead.
Mr. Lunetta: OK. In Phase II, we did the same thing. We did the same thing. We did two
million, the first two million, the second two million. OK.
Commissioner Dawkins: OK, good. Whatever you did is fine. Go ahead.
Mr. Lunetta: However, the County will advance all payments.
Commissioner Plummer: But it's not in there. It's not after the two million dollars
($2,000,000).
Commissioner Carollo: Tliere we go.
Mr. Lunetta: The County will advance all payments except as noted above. The City's share
will be reimbursed to the County as a credit against base rent payments. OK? So the City does
not have to take dollars out of their coffer into this environmental cleanup.
Commissioner Dawkins: But I do pay it.
Mr. Lunetta: Yes, but it's your land.
Commissioner Dawkins: OK. Now...
r
Commissioner Plummer: Well, excuse me.
Mr. Lunetta: I'm buying your land.
Commissioner Dawkins: Go ahead, go ahead.
i
23 December 7, 1995
Commissioner Plummer: Mr. Mayor, if you want to let him continue...
Mayor Clark: Please, a moment, now, please.
Commissioner Plummer: ... I have nothing after the first four million dollars ($4,000,000). In
my document, we pay two million, they pay two million, and they assume all obligation
thereafter.
Mr. Odio: That's what they said.
Commissioner Plummer: That's not what I heard.
Commissioner Dawkins: No, that's not what he said.
Mr. Lunetta: No, no.
Commissioner Dawkins: No, he didn't.
Commissioner Plummer: He said 50150.
Mr. Lunetta: It's 50150.
Mr. Odio: After the second two, we go 50150. That's in the agreement.
Commissioner Dawkins: No, what... We said all.
Commissioner Plummer: That's not in my document. We'll...
Commissioner Dawkins: This says all.
Mr. Odio: That's in the agreement. It is in the agreement, page 62. Little "iii."
Commissioner Plummer: Your little 9P is getting expensive.
Mr. Odio: Yeah. Well, put your glasses on. Put your glasses on. You got them?
Commissioner Plummer: Go ahead. I'll wait.
Mayor Clark: Please, now, let's have a little decorum here now. Mr. Plummer, you've got the
floor.
Commissioner Plummer: No, let him... Let him go. I'll wait.
Mr. Lunetta: Commissioner Plummer, I'll show you, it's in the document, OK? The 50150...
Commissioner Plummer: Well, I'm looking on page 62, and I don't even have a little "ii" on 62.
Mr. Lunetta: Christina, could you point it out, please?
Commissioner Plummer: Go ahead, go ahead.
Mr. Lunetta: Moving on. OK.
24 December 7, 1995
t;x
Unidentified Speaker: Your agreement is different.
Commissioner Plummer: You're damn right my agreement is different.
Mr. Lunetta: Under the terms of the interlocal agreement, the City will be responsible for Fire
Rescue services to the Maritime Park Project.
Commissioner Plummer: This is not the agreement we're working on. It's not in my document.
Mr. Lunetta: The County has committed up to two million dollars ($2,000,000) to build a fire
station on the site. The station will have water access, and the County will provide the space to
berth a fire boat. There will be no other payments for the service. The County will provide all
police and security service to the project, including both Port and non -Port facilities, and all open
spaces in the area. If the City exercises its option to develop non -Port facilities, the issue of
police and security service in those areas will be negotiated at the time the City requests the
County's approval for the development plans. Now, let me spend a few minutes just to give you
a change that we're looking at...
Commissioner Dawkins: You know, I'm going to vote against it once, but if you keep on, I'll
vote against it twice.
Mayor Clark: All right. Let's let him continue, please.
Mr. Lunetta: You want me to stop, Miller, or do you want me to keep going?
Mayor Clark: Go ahead.
Mr. Lunetta: OK. Let me just... Let me just give you an overview. Page 26... (speaking off
mike).
(INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Lunetta: There's only a dock of 500 feet from the dock - from the bridge - excuse me - from
the bridge to the slip, the slip that we know right now, which is only 300 feet, by the way, I
think.
Commissioner Dawkins: That's the one in Bicentennial or the one in the Port?
Mr. Lunetta: This is FEC.
Commissioner Plummer: FEC.
Mr. Lunetta: This is Bicentennial.
Commissioner Dawkins: And that's where the naval ships...
Mr. Lunetta: That's correct.
Commissioner Dawkins: OK, go ahead.
Mr. Lunetta: This was the old slip 3 of the old Port that was on the Bicentennial Park.
Commissioner Dawkins: OK. Thank you. Now, go ahead, mm-hmm.
Mr. Lunetta., OK. Today's ships are 900 foot long.
Commissioner Dawkins: And draw what?
Mr. Lunetta: And they draw probably 28. The ships are coming up because they're broader
today.
Commissioner Dawkins: Mm-hmm.
Mr. Lunetta: And when... In the old days of the 33s, the 34s, they're pretty much gone with the
new ships and the new megaline ships that are coming in.
Commissioner Dawkins: They draw 20 what?
Mr. Lunetta: They draw 28.
Commissioner Dawkins: Twenty-eight.
Mr. Lunetta: Twenty-eight.
Commissioner Dawkins: Thank you.
Mr. Lunetta: Because they're broader and they're up higher.
Commissioner Dawkins: OK.
Mr. Lunetta: OK? This would be, really, a nonexistent part of that Port, because there just isn't
that many ships that we can entice into this. But then we can get into the slip with a megaliner
ship, which is 2600 passengers or more on the north facie of the FEC property, another one on the
south face of the Bicentennial Park, and another one on the east face of the Bicentennial Park,
still leaving plenty of room before you get to MacArthur Causeway. Now, our proposal is, if, in
fact, we can permit this, to be able to maximize the park by relocating... by relocating the slip to
the north. That would then give us the ability of making a 900 foot berth on the east face of the
FEC property, which would then give us the ability of four megaline ships that are being built in
Europe today, some 26, at a cost of four billion dollars ($4,000,000,000), which Miami has
earmarked a good number of them. So we need the ability to be able to put an additional
megaliner ship, or we would be wasting, really, 500 feet on the FEC property. What this entails
is moving the slip 400 feet to the north. And it pretty much balances out both parks. That gives
you the ability to then put four megaliner ships, increasing, maybe, as much as 18 percent to 20
percent the revenue, by having that additional ship to be able to be used in the FEC property.
Commissioner Dawkins: Where would your turning basin be?
Mr. Lunetta: The turning basin is the same existing turning basin that is here right now from 395
to the Port bridge, 100 foot off of the bulkhead of the Bicentennial and FEC property, and up to
the marina on Watson Island. There's an 1800 foot turning basin there right now,
Commissioner, and there's very little dredging to be done once this concept is done, because it
only requires the first hundred feet of dredging along the east face of both Bicentennial and FEC.
Before we could do that, however, because this bulkhead is only standing up by faith, we'd have
to put new bulkheads in here in order to bring it down to an acceptable level of thirty-two or
thirty-three, OK?
Mr. Odio: Mr. Mayor, may I, for a second?
26 December 7, 1995
Mayor Clark: Um -hum.
Mr. Odio: These concept plans of Phase I option will be reduced to size and attached to the
agreement, so that it will all be attached to your agreements. They are not attached, right now.
Mr. Lunetta: What it does, Commissioner, is it gives us the opportunity to bring in 25-30
percent more tourists each week.
Commissioner Dawkins: I know that.
Mr. Lunetta: And then you can figure that out in the revenue, too.
Commissioner Plummer: But doesn't that also kick in, immediately, the payments on Phase II?
Mr. Lunetta: It would.
Mr. Odio: The way... Yes. Immediately...
Mr. Lunetta: If, in fact, we do receive our permits, Commissioner - OK? - we would then trigger
Phase IIA in order to be able to take some of the property and do what we want to do here, OK.
And our plans are -- assuming we get our permits -- is bulkheading off and doing all the work
upland as an excavation, rather than a dredging project. And moving the fill from the
Bicentennial Park to the FEC property -- all upland -- never having any environmental
considerations in the Bay.
Commissioner Dawkins: Do you have any intentions of dredging in and adding any more slips
to this property?
Mr. Lunetta: No.
Commissioner Dawkins: Never?
Mr. Lunetta: Never. It would be impossible.
Commissioner Dawkins: That's what I thought when I gave you that other piece, too, and you
all... The Coast Guard stopped me and you from going out any further.
Commissioner Plummer: What was the question, Willy?
Mr. Lunetta: No, you watch me much closer than that.
Mr. Odio: Carmen, did you put on the record that 85 percent of the parklands will remain park --
of the total land will remain park?
Mr. Lunetta: Yes, 85 percent of the park will be green.
Commissioner Plummer: Where does the fire station go in that plan?
Commissioner Carollo: Approximately...
Mr. Lunetta: Right up in here, J.L.
Mr. Odio: We want it next to the... on the water, so that we can put the fire boats in there.
27
December 7,1995
I 9z;
Mr. Lunetta: We have berthing space for the fire boat, as well. Now, should we be crowded in
here, we could take the fire boat -- on days the ships are in there -- over to Dodge Island, or we
could move them to the back part of the slip, because it will be reconfigurated. We do miss the
lift station over here, even with the relocation of the slips, so that doesn't become a
consideration, here.
Commissioner Dawkins: And the fire station will belong to the City of Miami or to Dade
County?
Mr. Lunetta: To the City of Miami.
. Commissioner Dawkins: You will not take it like you took the other one from me?
Mr. Lunetta: No.
Commissioner Dawkins: OK, all right, no problem.
Mayor Clark: All right, proceed.
Mr. Odio: No, it's in the agreement. It's in the agreement, Commissioner.
Commissioner Dawkins: It was in the agreement before.
Mayor Clark: All right, no argument. Let's proceed.
Commissioner Dawkins: ON, no problem. I need to know one thing before, and... I must put on
the record, Carmen understands that I do not have a problem with this. Carmen knows I
understand that if we do not build bigger berths to handle the larger cruise ships, they will not
berth here, so we both agree on that, and we know they are coming. My only concern with this
is -- and why I am voting against it -- is, this facility should be producing tax dollars for Miami.
It should not be producing tax dollars for Dade County, when it's located within the City of
Miami. That's my only problem, OK?
Mayor Clark: All right.
Commissioner Dawkins: The second thing I have to say, through the Manager, to the County
Manager. In here, Mr. Manager, it says: "Interlocal agreement." Is that what it says?
Mr. Odio: Yes, sir.
Commissioner Dawkins: We have an equal -- I mean, through you to the County Manager -- we
have an interlocal agreement for Overtown Park West and the Omni that's been held hostage, not
by Mr. Vidal, he just got there. The first one was held hostage by Joe Gersten, and remained
hostage. Maybe he took it with him because we don't have it.
Mayor Clark: Well, we did.
Commissioner Dawkins: And the second one is being held hostage, now, by Mr. Penelas. Mr.
Penelas is holding my interlocal agreement hostage because this City Commission made
available a million dollars of the tax increment money, and the County cannot decide whether
they want to give it all to redevelopment of the Omni, or give part to the homeless. That's not
our problem. This Commission made the million dollars available. I want this Manager to see
how we don't hold up interlocal agreements. We get them through. And I wish somebody over
there would tell Mr. Penelas that Miller Dawkins said "please turn loose his interlocal agreement
and don't hold it hostage."
28 December 7, 1995
a
Commissioner Plummer: Make it "subject to."
Commissioner Dawkins: No.
Mayor Clark: All right, let's go.
Mr. Lunetta: Mayor Clark, let me conclude by making two very important observations, OK?
In the early '80s, I was before this Commission requesting to purchase City land then known as
Lummus Island and Sam Island property. At that time, Miami was not even on the charts. That
area was envisioned to be built a cargo port, and today, we are the seventh in the nation. And by
the next millennium, we have a very good chance of being seventh... fourth in the nation of
'international cargo for international trade. International trade for the facility today is valued at
approximately $18 billion -- a success story well beyond our vision or our dreams at that time.
And today, we believe that the Maritime Project is the most significant urban redevelopment
project in downtown Miami. It has the potential of stimulating further development in this area,
particularly in the Overtown/Omni area. And if we are only half as successful as we were with
our earlier decision regarding Lummus Island, the future for the world's great international City
looks bright indeed. OK? Thank you.
Commissioner Dawkins: I'll say this and close. If I sit on this Commission, I do not intend -- I
don't care how great the trade is from South America or anyplace else -- intend to see you, or
anybody else, put another container port, container storage facility, or container anything in the
City of Miami. You and I, Carmen, know enough about shipping to know that if we went south,
someplace, and dredged out a port, and moved all of the container and freight movement south,
then we could develop into this great trade center that you want. We do not have to try to stick it
all in the City of Miami, and I would hope that I could sit down with you and you could tell me
I'm wrong, or tell me I'm right. OK? But all you need to do is dredge it out, and build a port,
and then some more of these mega cruise ships can be berthed where we have container ships
now.
Commissioner Plummer: Mr. Mayor, are we ready for questions?
Commissioner Dawkins: I thought that's what I was doing.
Mr. McMaster: J.L., should I speak first, or...?
Commissioner Plummer: I'd like to get my questions on the record.
Mr. McMaster: OK, very good, thank you.
Commissioner Plummer: Carmen, I have a problem with the Administration, and they've done it
tome again. Who...? I thought, Mr. Manager, we had an agreement that we would no longer
1 ever have an agreement that was predicated on net, that it would be on gross. My question is,
I who determines what is net, what it relates to -- our revenue source?
Mr. Odio: I think the net...
Commissioner Plummer: Yeah, the net.
Mr. Odio: It's net... net... They spell out in the...
Commissioner Plummer: You know, gross, the gross is no problem.
29 December 7, 1995
r�
Commissioner Plummer: Gross is a total amount, and that's why the policy of this Commission
was set that you could only negotiate on gross.
Mr. Odio: This is... Commissioner... You are receiving...
Commissioner Plummer: OK, now, who determines what is net?
Mr. Odio: May I? You are receiving a million dollars for Phase I, a million dollars for Phase II,
up to $4 million -- guaranteed.
Commissioner Plummer: I understand that.
Mr. Odio: On top of that you are going to receive 20 percent of the net, net. That is in addition
to what we are already receiving. So we didn't need a gross. The net, net is spelled out in the
agreement what goes into the project cost and, therefore, is determined later what the net cost is.
Commissioner Plummer: Where is that in my document?
Mr. Odio: What page is it? Article 7.
Mr. Lunetta: Mr. Manager, Mr. Manager. One correction.
Mr. Odio: Yes.
Mr. Lunetta: The first million dollars of net...
Mr. Odio: Before... I was going to say that.
Mr. Lunetta: OK.
Mr. Odio: When he gets to the page.
Commissioner Plummer: So it is spelled out, clearly, what determines net?
Mr. Odio: Clearly, clearly, and on top of that, we receive the first million dollars when they
distribute the profits.
Commissioner Plummer: OK, now, just for the record...
Mr. Odio: Up front, and it's all in there.
j Commissioner Plummer: Just for the record, my other observation I want to put in there, in
I reference to the existing City bond obligation, City Ordinance No. 8034, in the "Parks for
People," will now be assumed by the County.
Mr. Odio: It has been resolved. As I put on the record, the County will take care of that.
} Commissioner Plummer: That is resolved. OK. On my document, so if I say pages, it could be
different.
I Mr. Odio: Yes.
30 December 7, 1995
Commissioner Plummer: Under 5.7, "The County's Construction Obligation." I don't
understand where it says, "'The County shall be responsible for providing all project funds for the
Port Facilities and, if applicable..." What does that mean?
Mayor Clark: If applicable?
Mr. Odio: What page?
Commissioner Plummer: If applicable, where will the other monies come from? -- I guess is
what I'm asking.
Vice Mayor Gort: For the non -port facilities, as I understand.
Mr. Odio: What page is that? For the non -port. If applicable... If we find a developer, the
County then has to spend, on Phase I, $56 million. If they find a developer for Phase II, they
may have to apply another $55 million.
Mr. Lunetta: Right, right, if you find a developer.
Commissioner Plummer: But it's from their sources
Mr. Odio: If it is applicable. It's from their monies. The City doesn't put one penny into this
development.
Commissioner Plummer: OK.
Mr. Lunetta: And that's covered later in the document, by the way.
Mr. Odio: And that's covered later on, on how you choose a developer, the Maritime Board
which you have to, Mr. Mayor, appoint two members of this Commission.
Mayor Clark: I'll do that today.
Commissioner Plummer: OK, now, let me go back here to Carmen. My understanding is that if
you do this difference in the Port, that you will kick in the rent on Phase IL
Mr. Lunet That's correct -- IIA.
Mr. Odio: It's in there. The moment it touches a portion of Bicentennial
Commissioner Plummer: All right, now, the only other question that I have. Has there been
anything done in the way of environmental core bases, or anything of that nature?
Mr. Odio: They have been... Footprints...
Mr. Lunetta: Basin.
Mayor Clark: You mean estimations, Joe?
Commissioner Plummer: Sorry?
Mayor Clark: Estimations?
Commissioner Plummer: The estimations, or anything, because, Mr. Mayor, my concern is no
cap.
31 December 7, 1995
Mr. Odio: Let me explain to you that there have been some footprint checks on Phase I, which is
Bicentennial, and we know, the County knows where there is a portion close to Biscayne
Boulevard, and we will stay away from it. Otherwise, we feel we're safe in the amounts we're
putting there. On Bicentennial Park, they will also know which areas will remain green, and
which areas the Port project will be built on.
Commissioner Plummer: OK. Carmen, your drawings, here, do not tell me anything about the
existing pumping station.
Mayor Clark: No, he said that would not be...
Mr. Odio: It will remain there.
Mr. Lunetta: It will remain there.
Commissioner Plummer: But you don't show it there.
Mr. Lunetta: No, it's at the...
Mayor Clark: By moving it to the north, you mean?
Mr. Odio: No, the...
Commissioner Plummer: No, no, no. Where is the pumping station presently? Is it staying
exactly where it is?
Mr. Odio: Yes.
Commissioner Plummer: OK. The other thing that I'm just putting on the record, that I'm
unhappy with. I have stated this before. I won 50 percent of the battle. I guess I should be
happy. I am not happy, and I want to say it very clearly, that the City of Miami will not be
policing City of Miami property. I think it is absolutely wrong. We do retain the right of the fire
station, and I am assuming, Mr. Manager, they will continue to pay the contract that they have
paid in the past, to the City, for the contractual services. But I just think it is absolutely wrong
that we, the City of Miami, do not police City property. My final statement, Mr. Mayor, is that I
would hope, and I would support, or I would make a motion, that the $6 million additional
payment that has to be made the day of the final signing, that money will be held in reserve, and
not be touched by anyone until this Commission decides what we are going to do in relation to
the Overtown/Park West. I would hope that that would be an agreement...
Mayor Clark: That will have to be... That will have to be...
Commissioner Plummer:... among us Commissioners.
Commissioner Carollo: Only so, J.L.
Commissioner Plummer: OK.
Commissioner Carollo: We have to decide as a body.
32 December 7, 1995
Mr. Odio: Yes, I think that is your decision... I'll make the point again that any of these
monies... none of these monies have been placed in the budget.
Mayor Clark: And they're not part of it.
Mr. Odio: They're not part of the budget.
Mayor Clark: They're not an "if come" situation.
Commissioner Plummer: Can't be.
Commissioner Carollo: Exactly. I would go as far as, once we're done with this, to make a
motion for the money to be placed -- until we decide how it's going to be spent and where -- in
the new bank that opened in Overtown/Park West, as the Mayor suggested yesterday.
Mayor Clark: All right.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Now, Mr. Gort, you have the floor.
Vice Mayor Gort: I have two questions. My understanding, in reading the contract, we don't
have any say-so in the Port Facilities you are going to be building. My question is, you do have
retails, what kind of retails you're going to have, the Port retails for the ships, and also, office
space, if any is going to be taking place. Because this is one of the questions that comes out of
downtown.
Mr. Lunetta: Very minimal, and most of that will be with the Maritime Board.
Mayor Clark: All right.
Vice Mayor Gort: Thank you, sir.
Mayor Clark: Thank you. All right, I guess we're ready for a... You want to speak on this?
Mr. McMaster: Yes, sir.
Mayor Clark: Ah, yes, our budget manager!
Mr. McMaster: Yes, sir. Jim McMaster, 2940 Southwest 30th Court. I may, or may not, know
much about the budget, sir, but I think anyone watching this on TV would have a question.
Commissioner Carollo: Sure.
Mr. McMaster: This is a City park. This is our main Bayfront Park, that J.L. can tell you, that
generations of Miamians spent sweat, blood and tears to buy up bf;cause there was a dream to
have this open promenade along the water. Now, this Commission may determine that a port of
230,000 square feet, that there's a diagram in this packet that shows an outline, and the people on.
TV can't see this because I can't see it. It says nothing. It's a little outline, and the Port is
allowed to build whatever it wants according to this document. There are no height limitations,
no square footage limitations. We are talking about voting on this today, and I'm curious, what
is the rush here? We have a City. It is our park. If you determine this is the best use, that the
sucking sound you hear isn't the development from Overtown/Park West and Omni coming this
33 December 7, 1995
m
Il
way. This document... It's sort of amusing. J.L. says, well, this is -- he just said it a little while
ago -- this isn't what we negotiated. I kept calling down here last week, "Where's the
document? Where's the document?" The County approved it on 11/21. It's my understanding
that they've been negotiating it since 11/21. The document that J.L. has, apparently, is different
than the document that came in a week ago, at the Clerk's Office. The document I got from the
Clerk's Office has sentences that aren't completed. It's missing exhibits. It's missing sections.
The grammar is terrible. This document's a joke. So, the County wants something, maybe this
is in the best interests of the City of Miami. But why do we have to vote on this today? This is a
City park. Has there been a public hearing on it? We had public hearings on Virginia Key. We
had public hearings on Watson Island. You know, why aren't we discussing this? What is the
big rush? Mr. Lunetta had a bond issue of $124 million a year ago. He pulled it. He went and
got a DRI (Development of Regional Impact) in 1991. I mean, what is the big rush today? I am
simply here to tell you that I think there are so many problems in this document, that it's our
park. It's our City. We have questions, and we need to have them answered. You know, Jack
has been talking about replacing the parkland. So, fine. The idea of green space on top of a
parking garage, overlooking the Bay -- it's done in Europe -- maybe it isn't a bad idea. Eighty-
five percent of the park will remain green. That is not in this document. This notice... I'm
sorry... OK. (i) on page 16, "City Park Facilities. A City park consisting of landscaped open
space and exterior public walkways and plazas -- quote -- located at grade or over building
structures..." They can choose where to put it. In the two phases out of 55 acres of parkland,
they are required to give us six back -- the botanical garden. They can decide where it goes. It
can be between walkways, it can be wherever they want it to. As far as the idea of sloping up
from Biscayne Boulevard, which I find rather ludicrous, there's nothing underground here. This
property is at sea level. But let's say they do slope it up, and it might look interesting. That's
not in this document, either. As far as the square footage, Mr. Lunetta was saying 200,000
square feet of commercial, up to, in Phase I of the FEC property. Well, what this says is that to,
sort of, compress it, they can have approximately 150,000 square feet, per level, four levels,
that's 600,000 square feet, approximately. No, I'm not a lawyer. It's approximately half a
million, or a million, or two, or three of gross enclosed... Now, how much of Cocowalk is
enclosed? ]How much of Bayside is enclosed? Rentable... I€ we put a performing arts center
here, which I hear is under discussion, that isn't included. Pardon me?
Mr. Odio: Excuse me. Only 40 percent of the space for non -port project buildings have to be
retail. The rest have to be for public use, like seaquariums, museums, et cetera.
Mr. McMaster: Well, the problem I have with this document is up to, approximately, maybe if
we decide... like the Omni -- Commissioner Dawkins mentioned it -- the Omni interlocal has
been languishing since 1986, and I'm not bringing this up to blame either side, but if the County
can wait since 1986, and we can hold it up because of a homeless shelter -- God knows, we've
got enough of them in this City, group homes -- does this have to be voted on today? They talk
about four cruise ships. This document says: "The full project will ultimately be designed to
handle 12 additional cruise ships." Where are they going? Are we going all the way down to the
river? I don't know.
Mr. Odio: No, it accepts four at a time, Mr. McMaster.
Mr. McMaster: Um -hum.
Mr. Odio: That means four at a time. That means they schedule the ships so that you can bring
in 12.
Mr. McMaster: Well, it doesn't say that. We need to...
Mr. Odio: It is very clear...
34
December 7, 1995
Mr. McMaster:... limit it..
Mr. Odio:... that is the way it is going to operate.
Commissioner Plummier: Well, it only relates to this property. There's no way you can get 12...
Mr. Odio: Well, I need to say this, that you say there was no public discussion, sir.
Mayor Clark: This thing has been discussed, discussed...
Mr. Odio: Go back to your records -- May of 1994 we had a public hearing on a predevelopment
agreement that all this was spelled out. It was publicly discussed, and I think you were here.
Mr. McMaster: At the Planning Advisory Board or...
Mr. Odio: It was here, in the Commission meeting -- a predevelopment agreement that actually
outlined how we would proceed in developing this agreement, that is now here after... since May
of 1994..
Mr. McMaster: So what's the rush? Defer it today.
Mr. Odio: There is no rush. We've already been waiting for two years.
Mayor Clark: All right, all right, you're not a rusher, but we may be.
Mr. McMaster: Well, let me finish, sir. I think there are a lot of monetary questions. Gambling
ships,-- we get no revenue from that. That seems to be the hot thing. It's in here. They get all
the revenues, and make all the decisions on gambling. You talk about payments here. What are
the payments? Two million dollars for a fire station they are building for us. Two million
dollars, Phase I, two million dollars, Phase II, pollution. All these are costs that are going to
come out of the money we are supposedly getting. The FEC property, you would know -- this
has happened so quickly I didn't have a chance to get the old records. We took this property
after something like eleven years in court. We paid $30 million for it.
Mr. Odio: Twenty-four.
Mr. McMaster: Twenty four, thank you. And the fact is, is that tomorrow you sign this
document. This document says you are required to do certain things, and that they can sue you if
you don't do certain things. The minute you take the six million, you get the agreement from
Bayside, you form the Maritime Board, you guys are stuck. It's my understanding that it's
happened here on Merrill Stevens when you took that property for a park and used it for
something else later. The FEC people, any time they want to, can come back to the City and say,
"Hey! You kept us in court for eleven years. You took our property that we wanted to use for
mixed use, or commercial, or whatever, and now you're doing the same thing. Someone had
better get a letter from these people, saying they're not going to sue you for all you're worth.
And my understanding is that... Well, J.L., you talked about, you know... You wanted the five
percent CPI (Consumer Price Index). It's not in here. Deal -breaker -- it's not in here. It's three
percent. At least, on my copy, it's three percent. Maybe on yours it's different.
Mayor Clark: OIC.
Mr. McMaster: You know, the other thing was, you didn't want fire and police being under the
County. The fact is, this document says, for six million bucks, we're giving this piece of
35 December 7, 1995
property to you. You do the zoning, you do the police. Basically, we're giving them this
property, and my complaint is that, according to City regulations, this... It's in a park. You
make a determination this is a good idea in a park, and that it doesn't need a rezoning. Fine, I'll
go along with that. Well, if you're building a major structure in a park, you have to get a major
use special permit. It's just that simple.
Commissioner Plummer: Oh, I don't think there's any question about that.
Mr. McMaster: Well, but the thing is, this document says you have to change all your alcohol
laws, throw them out the book. Any law pertaining to alcohol that would affect this project,
throw it out. Any zoning ordinance, any regulation, any anything, it's in here. Go ahead and
read it. You have to change, the minute you sign this -- and it's in here -- if you don't change
your alcohol laws, he can come to you and say, "I want my six million dollars back. I want the
$200,000 they gave to the Maritime Board, and, you know, let's forget the whole thing." It's in
here.
Mayor Clark: Well, you'll probably quit drinking at that time.
Mr. McMaster: But, sir, you know, it isn't funny. You know, why does.,.?
Mayor Clark: Well, you're bringing this all up. You've had two and a half years to bring this all
up. Now, you...
Mr. McMaster: No, sir, we haven't had two and a half... I came back from a trip...
Mayor Clark: All right, fine. Your opinion is...
Mr. Odio: Let me give you a copy of the predevelopment agreement and of the public hearing
we had the resolution that was passed. By the way, we paid $24 million for this property. We
are going to get back -- the citizens of Miami -- about $240 million back. Not only that, but
you're not considering, Jim, you live on this side, over here, right?...
Commissioner Plummer: You'd better get more than two hundred and...
Mr. Odio: ... in Coconut Grove, of the number of jobs that will be developed here...
Commissioner Dawkins: Tim, Tim.
Mr. McMaster: No...
Commissioner Dawkins: Tim, you said, how many square feet per floor? What did you say?
Mr. McMaster: Well, it says in the Port thing that they have to go by this little diagram, here. If
Mr. Lunetta chooses to, tomorrow, he can put...
Commissioner Dawkins: Oh, no, no...
is Mr. McMaster:... a Hyatt, an office building for Carnival, on top of these things.
t Commissioner Dawkins: OK, but, not... Oh, we're hypothecating. I thought you knew that on
the first floor would be twenty...
Mr. McMaster: No, no, no. I'm just saying, sir, that this agreement should say, yes, you can
build your. Port Facilities up to 230,000, half a million square feet. Yet there's a height limit.
Oh, and by the way...
36 December 7, 1995
Commissioner Dawkins: No, no, no. You said that on level one would be " X" square feet...
Mr. McMaster: Oh, approximately 150,000.
Commissioner Dawkins: And on level two...
Mr. McMaster: Approximately 150,000.
Commissioner Dawkins: And level three?
Mr. McMaster: Same on three and same on four, of gross, enclosed rentable square footage.
And the other thing is, when this is built, I won't be able to go to the water's edge, Mr. Lunetta
can tell you this. There's a phrase in here which says that they will allow access to the water
according to what is prudent in operating a marine whatever. It says, very clearly, he doesn't
have to allow us access to the water. If they put high rises in these terminals that are higher than
the other buildings, we'll have no view of the water at all. I would think that you'd want to defer
this with the questions. I'm just saying, you have a different document than I do. They've been
negotiating it since the 21st. Defer it. Have a public meeting. Read the thing.
Commissioner Dawkins: Do you have a problem voting for it?
Mr. McMaster: The document's a joke.
Commissioner Plummer: Let me ask a question of the Manager's statement.
Mayor Clark: All right, let's move forward. All right, thank you, Mr. McMaster, for your
views.
Commissioner Dawkins: Do you have something to say, sir? I'd like to hear it. Go ahead.
Commissioner Plummer: Mr. Manager, you just made a statement that the people of this City
are going to get $240 million. My calculation says that four million a year for ninety years is
$360 million. Where's the other 120 going?
Mr. Odio: Because, you know something, I was being conservative, Commissioner. I was using
two million dollars. If we get developments in there, you could get as high as -- and I hate to use
this number -- with rent and everything else, $1,260,000,000 out of this property. OK? And
that's not counting on the indirect benefits.
Commissioner Plummer: OK. Mr. Mayor, I have one other concern, and it concerns us here, not
relating to the Pont, but relating to the Port. The gaming ships... Carmen, I'm talking about the
ships that are day ships, the ones that we know, now, that are going out for the day. They're
having casino gambling, and they're coming back. Now, we've been offered -- the City -- to put
at Bayside -- I would hate to have to think that we're going to have to go in competition, and that
you could put those over there.
Mr. Odio: We have the right to put them in Bayside, anyway.
Commissioner Plummer: No, no. I'm not worried about that. If we put them in Bayside, is one
thing, but I would want to prohibit him from doing it, to make sure that the City, which we've
been negotiating, has the right to put those into Bayside and not have competition. Cruise boats,
I've got no problem. They go out, they go away. They're not a source of revenue to this City, as
such.
37 December 7, 1995
C
Mr. Lunetta: That's covered in the document.
Commissioner Plummer: OK.
Mr. Lunetta: You have that right in the document.
Commissioner Plummer: So we understand each other.
Commissioner Dawkins: OK, also, we've got a right to put one at DuPont, too. If we can get a
turning basin.
Commissioner Plummer: At the DuPont?
Commissioner Dawkins: Yes.
Commissioner Plummer: Or are you talking about the Intercontinental?
Commissioner Dawkins: Anywhere on the river.
Commissioner Plummer: As chairman of your park, the Bayfront Park, that's one of the things
that we're working on, to try to get a source of revenue.
Commissioner Dawkins: Well, let's put it all on the table so that we don't hit him blindsided
with nothing.
Mr. Lunetta: You can do anything you want to do except compete with the Port on an equal
basis with the Port operations.
Mayor Clark: That's understandable.
Mr. Lunetta: There's a joint resolution between the City and the County that the City would
never be in competition with the Port in its activities. OK?
Commissioner Dawkins: Yeah, but their gambling ships... I need to have you put it on record,
now. You do not consider that as competition to your weekly cruise ships.
Mr. Lunetta: That's correct.
Commissioner Dawkins: That's on the record, J.L.
Commissioner Plummer: No, I was concerned with the opposite, that they're not going to allow
them to be on this facility to be in competition with me. Because if they went there, then they
might not want to make an agreement with me, and, as you know, the one ship has already
offered us $180,000 a year to dock in Bayside. But if he went and had other availability of slips,
he might not use us. So what I'm trying to say is, Carmen, I don't want you to take our ability
away on these day cruise ships by offering it to them there. I would want to make some kind of
a provision that says that this is for cruise boats only.
Mr. Lunetta: Right, and your staff protected you in that in the interlocal agreement.
Commissioner Plummer: OK, so it's understood.
Mayor.Clark: All right. This gentleman has a word to say. Give us your name.
38
December 7, 1995
Mr. Michael Goldstein: My name is Michael Goldstein. I live at 2880 Seminole Street, and I'm
speaking to you, today, as president of the Coconut Grove Civic Club. The Coconut Grove
Civic Club voted unanimously to oppose this lease, and this project, simply for the reason that it
represents yet another assault on the City's last remaining park properties. What we're
witnessing here is an absolute frenzy of financing these valuable and irreplaceable properties in
order to meet general City needs. Now, if indeed, as the City Manager pointed out, this project
ends up in generating a billion dollars for the City, and we plug five or six hundred million
dollars into Overtown/Park West. Maybe we'd buy Commodore Bay. Maybe we'd use that
money to manage Virginia Key as a preserve. Well, then, I'll come back here and apologize.
But as it stands now, we just see an unrelenting attack on the City's last remaining waterfront,
urban parks. Those are my comments in my capacity as a member of the Civic Club.
Mayor Clark: All right.
Mr. Goldstein: I also have one other brief note to make, as an individual. In my professional
capacity, I am an environmental attorney, and I don't know if any of you... I'm assuming that
none of you have seen any of the environmental assessments on this property. I know that if a
client came to me and asked whether or not I should enter into a purchase or a conveyance or a
lease agreement and I rendered advice, without having reviewed those assessments, without
knowing, intuiting what the ultimate exposure is, that would be absolute malpractice on my part.
So I caution you to move very, very slowly and deliberately on that issue.
Mayor Clark: Thank you, sir.
Mr. Goldstein: You're welcome.
Mayor Clark: All right. Have we got a motion, J.L.?
Mr. Odio: Mayor, before you vote, I have to say this. There's been two years of work on the
City staff -- hours and hours after hours. I have to recognize their work, also the City Attorney's
office, the involvement from the Commission level, and the excellent... That's why we could
work this out, so I need to recognize Christina Cuervo, Jack Luft, Eduardo Rodriguez, Julie Bru
and Ralph Diaz, who have put an enormous amount of time on this project. And, also, recognize
the work on the County staff, led by Armando Vidal and Carmen Lunetta and Dave Morris.
They have been excellent, also putting in a lot of hours. So, thank you.
Mr. James Wellington: My name is James Wellington, 212 Phoenetia. I've been involved with
the Waterfront Miami for about the past fifteen years, and I'd like to go back to a statement Mr.
Lunetta made concerning Lummus Park, when it was taken over by the Port, and enlarged, with
the least environmental damage possible, and as a result, he received worldwide recognition for
the first positive interaction between government, the environment and commerce. And I feel
that we are not going to get a park, otherwise, unless something is done there, and I think this is
the best alternative. But, also, please pay some heed to those that may be dissenting. And, also,
I'd ask the Commission, too, not to mention that empty dock space next to the new City office
building on the river. I don't think Carmen knows about it.
Mayor Clark: Thank you. All right, we're going to close the public hearing.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Mr. Plummer.
Commissioner Carollo: Mr. Mayor, before we do, I would like to ask Carmen Lunetta if he feels
that he needs to adress or would like to address some of the issues or some of the statements that
39 December 7, 1995
r
some of the people here, that I respect very much, that oppose this, made. I think it's important
that, even if we're not in agreement with individuals, that we respect that right for them to come
and disagree. And the one thing that I want to make sure is that we give the respect and the right
to the public to come and express their opinions, no matter how small an issue it is -- and this is
certainly not a small issue, it's a major issue. Carmen, do you need to address, or do you feel
that you need to touch upon any of the statements that were made?
Mr. Lunetta: I think probably the most important statement made that I would like to address is
the public awareness, the public involvement, and how much more input do they have? If you
read the editorial this morning in The Miami Herald, you could see that we have made a full
commitment to have a full public opening, and a charette with regards to what's going in that
park. That will give the public all the access they need into this, and the final say-so would be
pretty much their say-so, of what we develop in our parks -- and when I say our parks, I mean
their park and our park, OIL? We've never gone behind closed doors to try and plan something
for this community. We've always been up front with this community. I can tell you that I have
spent at least 165 presentations throughout this community, informing the public, only on a
concept, and basically, the documents that we'll be using today were really concepts. We could
throw those into the wastepaper basket today, because when we get into the process, the public
will have a lot of say-so what those buildings look like, what that park's going to look like, and I
think that's where they have their largest forum. And I think that's their day in the court of this
thing.
Commissioner Carollo: Can we get a commitment from you, here, if this passes today, that you
will immediately start cleaning up that park, and clearing up the mess that we presently have
there? And you know what I'm talking about. Everybody does.
Mr. Lunetta: Yes.
Commissioner Carollo: Because it's going to take at least a year and a half before we start doing
some construction there in full scale, and we're still going to have a park there in the meantime.
Mr. Lunetta: Right.
Commissioner Carollo: And we need to have that place clean, at its best, so that the few people
we're getting to go there, now, could at least enjoy that, and not have the shameless situation that
we have there, with people sleeping everywhere, garbage all over the place. Can we have that
commitment from you?
Mr. Lunetta: Absolutely. And, Commissioner, I insisted that we take over the park immediately
and put it in the shape that is compatible to the thousands, if not millions, of cruise passengers
that come down Biscayne Boulevard to our Port to go out on a cruise, besides the business
community that comes into our community, to see what they are seeing in those two parks, right
now.
Commissioner Carollo: Well...
Mr. Lunetta: Including Biscayne Boulevard and 395, to the Port entrance, which is the one part
of the downtown Biscayne Boulevard that has had no attention, in my opinion, in the last seven
to eight years.
Mayor Clark: All right.
Commissioner Carollo: That's very important to get it on the record, Carmen.
40
December 7, 1995
Mr. Lunetta. Yes.
Mayor Clark: Thank you very much.
Commissioner Plummer: Let me, if I may. Carmen?
Mr. Lunetta: Yes.
Commissioner Plummer: Let me understand correctly, two things, again. One, the second
phase, or what you call, I assume, IIB...
Mr. Lunetta: IIA.
Commissioner Plummer: That the City... You have five years in which to exercise that option?
l Mr. Lunetta: That's correct.
Commissioner Plummer: OK, but the City can use that facility if we wanted to have a concert,
or something like that, until you make a commitment.
Mr. Lunetta: That's correct.
Commissioner Plummer: OK, and again, just for the record, that you will not have any of the
daily gaming boats docking at these facilities so that you would be in competition with us? I
want to make sure of that, now.
Mr. Lunetta: OK.
Commissioner Plummer: I have no problem with the 900-foot boats, and the ones that go out for
three days, five, seven days. But the ones that are on a daily basis, that are a possible source of
revenue to this City, I want to make sure that we're not in competition with each other.
Mr. Lunetta: We're not in competition with the boats that, in fact, you can handle in the areas
you are talking about. But when you get to ships like the Discovery, like the Tropicana, which
are 600 feet long and they draw 28 foot of water, I think they almost have to be accommodated
at the Port. But all other...
Commissioner Plummer: I'll stipulate...
Mr. Lunetta: But all other gambling ships...
Commissioner Plummer: I'll stipulate to 600 feet.
Mr. Lunetta: ... that you are capable of handling...
Commissioner Plummer: Anything above 600 feet you can have. We can't handle.
Mr. Lunetta: Thank you.
i
Commissioner Plummer: But you cannot have anything under 600 feet that's on a daily basis.
Mr. Lunetta: No, I think we have a number in the document. What is the number?
Mr. Odio: Cannot handle ships of 500 feet.
41 December 7, 1995
4
Commissioner Dawkins: What is the number in the document? Because it must be important
for Carmen to raise the number.
Mayor Clark: You can't handle a 300-foot boat.
Commissioner Dawkins: What is the number?
Commissioner Plummer: No, I can handle... We're talking to one, right now, that's 270.
Commissioner Dawkins: What is the number, Carmen, in the document?
Mr. Lunetta: I thought we'd arrived at a number at one time that was 500 feet, if I'm not
mistaken.
F' Commissioner Dawkins: But, see, it's not in the document.
Commissioner Plummer: Five hundred feet is fine.
Mr. Lunetta: But I have no problem with your 500. I have no problem. If you have the draft to
be able to take them up there, you can have them.
Commissioner Plummer: OK, that's fine.
Mr. Lunetta: In fact, I have two one -day ships you have today.
Commissioner Dawkins: One final thing...
Commissioner Plummer: That's fine.
Mayor Clark: Yes, sir. Here we go.
Commissioner Dawkins: Mr. City Attorney, you are supposed to sign off on this as being for
form and correctness. Are you signing off on this thing that there are no substantial changes?
That you have reviewed everything in here? Or what can I hear from you on that?
Mr. Jones: Well, I can tell you, to date, and as indicated by the Manager earlier, he has put in the
record those changes that are not reflected in the document that you have before you. I think that
I am satisfied that at least the substantial term, changes have been put in the record. I think there
are some very minor things in terms of, perhaps, language, whatever, that we can work out in
terms of clarification. But in terms of the document itself, I can say that we sign off on it.
Commissioner Dawkins: Thank you.
Mayor Clark: All right, Mr. Plummer, you got...?
Mr. Jones: Mr. Mayor, before you... I need to put this on the record. Commissioner Carollo,
this is in response to your directive to a commitment from Mr. Lunetta relative to cleaning out
Bicentennial Park, and I have to issue this caveat because we are under Court order, Federal
Court order, relative to doing anything with the homeless people there.
Commissioner Carollo: I understand that.
Mr. Jones: OK, so I would just issue a caveat, because we do own the property, that, you know,
we consult before you do anything relative to that.
42 December 7, 1995
Commissioner Carollo: Well, that's obvious. We have to follow the law while doing that.
Commissioner Plummer: Good luck.
Mayor Clark: All right. Who's got the motion?
Commissioner Carollo: I make the motion, Mr. Mayor, that this be approved, and while making
that motion, I would like to... Well, I guess, maybe I should wait for a second before...
Commissioner Dawkins: I second it, although I'm going to vote no.
Commissioner Carollo: Now that it's seconded...
r, Mayor Clark: No change.
Commissioner Carollo: ...I'd like to make the following brief statement. This has not been an
easy task. This has been discussed, negotiated, kicked around for several years, now. I came to
it in one of the final phases, but seeing what has happened over so many years, it seems that if
we had not brought this to a head, it might have still been around for another year or two, if not
longer, the way things are done sometimes. I'd like to state for the record, someone who was
very helpful in making me see a lot of the key issues before us here today that we're voting on, it
was Carmen L,unetta, that I have known for a long time, that I have the utmost respect for. I
think we're extremely lucky to have a Port Director with the experience and integrity of Carmen
L,unetta. And I think that what's happened at the Port of Miami speaks of the Port Director,
volumes and volumes of knowledge and positive things for Miami. At the same time, the
County Manager, who I met for the first time when we began these negotiations, impressed me
extremely. He was quite helpful, and both of them were, I felt, very willing to compromise,
unlike what I had been told before. I had heard, in the midst of campaigns and other events, but
I think that while many of us, including myself, have some mixed feelings at having to take steps
like this in a public park, in a property such as this. I really think that if we are going to be
logical and honest with ourselves, we have no choice. Miami has to move forward. This, I truly
believe, is going to be the first step that's going to bring the domino effects that we all are
looking for to not only help Overtown/Park West, but at the same time, kick off the new building
phase that I believe will be unequaled in the history of Miami, within downtown Miami again.
We need to have the structure set -- which this will set the pace -- and help them bring in, also,
some of the dollars to see the new World Trade Center that we need for Miami to become a
reality. See the new hotels, the new buildings come into being in downtown Miami, and to talk
of projects that are going to bring the thousands of jobs and the millions of dollars in revenues,
not only to help areas such as Overtown/Park West, but to help all the neighborhoods of Miami,
for the City to provide better services, for people to have decent and good -paying jobs, for our
taxes to be lowered, and, yes, monies to go into truly providing better service parks for our
families, our children, in the other parks that the City of Miami owns, including what I consider
to be the central park of the City of Miami, which is Virginia Key, and is the largest park that we
{ have and probably the best that we need to really open that up so that all the residents of Miami,
including Dade County, can truly enjoy that, and not like it is now. And I would like to make a
statement on another park that was mentioned here in Coconut Grove, but unfortunately, because
of some of the Court cases, and possible litigation that we could have, I can't make a statement
j on that, but I think you all know how I feel on that, also. So, with that having been said, if we
{{ could proceed with roll call, unless any other member of the Commission would like to make a
I statement.
Mayor Clark: If I get a chance, I'll get the roll called. Give me a roll call, Mr. Clerk.
43 December 7, 1995
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.95-832
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN INTERLOCAL AND
LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
METROPOLITAN DADE COUNTY FOR THE DEVELOPMENT OF THE
MARITIME PARK PROJECT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME UPON FULFILLMENT OF CERTAIN CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Joe Carollo
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Gort: I would like to make a statement. When I first came to Miami --this is going
to tell you how old I am -- the Port was on Biscayne Boulevard. At that time, you could see the
office space, how vibrant that whole area was. Once the Port was moved out of that area, the
Port, the whole area deteriorated quite a bit. I agree with you, Joe, I think once... This is
something we've been working on for years now. If we want to increase the development, and
we want to bring new development to north of Biscayne Boulevard, this is the type of action that
we need to do to go ahead and get it going. The one thing that people understand -- and I
understand about parks, being a photographer, I take a lot of pictures, and visit a lot of the parks
in the City of Miami and the one example I would like to use is Bayfront Park. How many
people used Bayfront Park before Bayside was built? How many people are visiting Bayside
today and Bayfront Park compared to before, and what's the revenues that Bayside is bringing to
the City of Miami, and everybody is able to enjoy? I don't have any problem voting for this, and
I think that this is one of the best things that we can do. Tourism is still the number one industry
for Dade County, Florida, and a lot of our people work in tourism. And this, along with the
Watson Island project, is going to be a great amenity for downtown Miami. For all those
reasons, I'm voting in favor of it. My vote is yes.
Commissioner Dawkins: I'm voting no, and my no vote is not a negative vote to the project.
Carmen and I have sat down and talked about how great this would be for the City of Miami.
Carmen and I have both discussed the need for mega berths, but I still say to Carmen, and
everybody else, this Port should generate revenue, tax revenue, for the City of Miami. Since it
does not do that, I vote no.
Mayor Clark: I'm just happy the City of Miami started this whole situation when they
contributed the land to the County in a trade-off, when the City felt at that time that this was an
areawide project which would serve all the people of Dade County, not only the City of Miami.
They have continued that thought, along with our water department, and the many other services
44 December 7, 1995
we have turned over to the County, because they are areawide services -- the hospital care, things
of that nature. This is surely an areawide conception and a project that will add to all the
families in Miami and outside of the City of Miami, and all of South Florida. I vote yes. All
right, I'll make the appointments to the Maritime Board at the present time -- Mr. J.L. Plummer
and Mr. Joe Carollo. There'll be a five-minute break.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 10:58 A.M. AND RECONVENED AT 11:11 A.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DAWKINS, FOUND TO BE
PRESENT.
----------------
8. CONSENT AGENDA
Mayor Clark: Folks, we're back in session. Please have your seats.
Mr. Cesar Odio (City Manager): Yes, Mr. Mayor. We haven't done the consent yet.
Mayor Clark: Sir?
Mr. Odio: The consent agenda.
Mayor Clark: Yes.
Commissioner Plummer: I think, Mr. Mayor, we need to announce that in the consent agenda,
that items CA-8 and CA-17 have been withdrawn to a further agenda.
Mayor Clark: All right. Prior to the agenda, CA-17, 18, 19, 20...
Commissioner Plummer: No, no, no. That's regular agenda, Mr. Mayor.
Mr. Odio: Only CA-8 and CA-17.
Commissioner Plummer: And 17.
Mayor Clark: All right. CAs-8 and 17 have been withdrawn.
Commissioner Plummer: That's on the regular agenda.
Mayor Clark: On the regular agenda. Now, on the consent agenda...
NOTE FOR THE RECORD: Commissioner Dawkins enters the
Commission Cfiamber at ;13 a.m.
f:
Commissioner Carollo: On the consent agenda, Mr. Mayor, we're pulling items out?
Mayor Clark: Whatever you want.
45 December 7, 1995
Commissioner Carollo: OK. This is only... What we're dealing with now is the consent agenda,
correct?
Commissioner Plummer: Right.
Mayor Clark: The consent agenda.
Commissioner Carollo: OK. On the consent agenda, I'd like to...
(INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Carollo: I would like to pull out item CA-18 until I get some clarification from
the City Attorney. We could bring it back today. I mean...
Commissioner Plummer: Joe, Joe, the normal policy established by the Commission is anything
that you pull today goes on the next agenda as a regular scheduled item. That was the policy.
Commissioner Carollo: OK. Well, if it is, I'll follow that policy. It's not an item that we need
to bring back for the next meeting, but I'll follow that policy.
Mayor Clark: All right. Now, CA... On the consent agenda, CA-17, 18, 19, 20, 26, 31 and...
Commissioner Carollo: Now, on CA-11, Mr. Manager, does this mean you've made up with
Manny "Boom -Boom" Gonzalez? I see Manuel Gonzalez here, that we're going to give him a
contract for the City?
Mr. Odio: No, sir. This is the good Manny Gonzalez. I mean, this is Manny Gonzalez who runs
the ITB (International Trade Board).
(Laughter)
Commissioner Carollo: Well, where's Manny at?
Mayor Clark: Please, now, please. Question by Mr. Carollo.
Commissioner Plummer: Carollo, that's all I need is a cheap offer (laughing).
Commissioner Carollo: Mr. Plummer.
Commissioner Plummer: Sir.
Mayor Clark: You are the Chairman of this board.
Commissioner Plummer: Correct, sir.
Commissioner Carollo: I have not had the opportunity to meet with any of these - well, we can't
say employees - consultants. Neither one of these have called my office, even to try to meet with
me. So I'm going to vote on this only upon your recommendation. Are you recommending
these people?
Commissioner Plummer: Yes, sir, without question.
Commissioner Carollo: I think if you're Chairman of that, you - you know - deserve the right to
choose the people that you want to work with.
t
Commissioner Dawkins: Mr. Plummer...
Commissioner Plummer: They have a track record. They have been there - well, excuse me,
Mr. Gonzalez has been there. The other gentleman that we have now, Joe, just for your
edification, we've got a young man out of the University of Miami at a tremendous savings to
the City, who graduated with his forte in international business, and we've got him for about
twenty-two, twenty-three thousand dollars ($22,000 - $23,000), where previously, it was forty
some. So we have Manny, we have that gentleman, and we have a receptionist. As I promised
this Commission, we would reduce to two employees plus a receptionist, and we have reached
g and attained that goal.
x,
Commissioner Carollo: I'm voting for this based upon your recommendations, so if there are
any problems with these people in the future, it's on you.
Commissioner Plummer: I will be bringing it to your attention, sir, and Mr. Manny Gonzalez
will call your office today, and make an appointment to sit and talk with you at your pleasure.
Commissioner Carollo: Next week sometime. Thank you.
Commissioner Plummer: That will be fine.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager - I mean Mr. Plummer.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: I sent you a memo regarding these individuals...
Commissioner Plummer: Yes, sir.
Commissioner Dawkins:... your budget. I have not received a reply.
Commissioner Plummer: Excuse me. No, no, no. I gave... We've written a reply.
Mr. Odio: I sent you a memo yesterday, Commissioner, explaining...
Commissioner Dawkins: Mr. Plummer, I sent you a memo, OK?
} Commissioner Plummer: Yes, sir. And we responded.
Commissioner Dawkins: I have not received a response. And I sent the... And I'll get you the
date of the memo.
lMr.Odio: Commissioner...
Commissioner Dawkins: Now, as long as I sent the memo to you, Mr. Plummer, I should have
had an answer by now.
47
December 7,1995
N
Mr. Odio: Commissioner, you have an answer.
Commissioner Dawkins: I should have had an answer with this agenda. OK? I don't have it.
Commissioner Plummer: All right. Then if...
Commissioner Dawkins: Call the roll. Call the roll on the CA.
Commissioner Carollo: Well, hold...
Commissioner Dawkins: No, no, no. I just have to let you know that I never got it.
Commissioner Carollo: Hold on, Mr. Mayor. I had asked for CA-18 to be pulled off. It's an
item that needs to be approved today. I have the assurance from the City Attorney that we're
going to discuss how you choose an outside counsel from now on, though, right? Very good. So
CA-18 can be back on.
Mayor Clark: All right. That's not off - that's not a deferred item. You're invited to discuss
anything else on the consent agenda, if you wish to come forward at this present time.
Commissioner Plummer: Seeing no one else to come forward, Mr. Mayor, I move the consent
agenda, except for the items withdrawn.
Mayor Clark: Call the roll, Mr..... Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Call the roll, Mr. Clerk.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE CONSENT AGENDA
i
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
48 December 7, 1995
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
8.1 ACCEPT BIDS: (1) A & B HARDWARE & LUMBER, (2) ACE
HARDWARE/SHELL LUMBER, AND (3) MCR LUMBER AND MATERIALS
r SUPPLY, INC. -- FOR FURNISHING LUMBER / PLYWOOD FOR VARIOUS CITY
5 DEPARTMENTS / OFFICES -- ALLOCATE $50,000.
RESOLUTION NO.95-833
A RESOLUTION ACCEPTING THE BIDS FROM A&B HARDWARE
' & LUMBER, ACE HARDWARE/SHELL LUMBER, AND MCR
LUMBER AND MATERIALS, SUPPLY, INC., FOR THE
FURNISHING OF LUMBER AND PLYWOOD FOR VARIOUS CITY
DEPARTMENTS AND OFFICES, ON A TRIENNIAL SPOT MARKET
PURCHASE BASIS, FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A
TOTAL PROPOSED FIRST YEAR COST OF $50,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NUMBERS AS SPECIFIED HEREIN; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS, AND
THEREAFTER TO EXTEND SAID PURCHASE CONTRACTS 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.)
49
December 7, 1995
8.2 ACCEPT BID: PAGING NETWORK OF MIAMI -- FOR FURNISHING PAGERS ON
LEASE / RENTAL BASIS, FOR POLICE DEPARTMENT -- ALLOCATE $14,221
FROM U.S. JUSTICE LAW ENFORCEMENT TRUST FUND (PROJECT 690002).
RESOLUTION NO.95-834
A RESOLUTION ACCEPTING THE BID OF PAGING NETWORK OF
MIAMI FOR THE FURNISHING OF PAGERS ON A LEASE/RENTAL
BASIS, IN THE AMOUNT OF $14,221.00, FOR THE DEPARTMENT
OF POLICE, FOR ONE (1) YEAR WITH THE OPTION TO EXTEND
FOR AN ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING
FUNDS THEREFOR FROM THE U.S. JUSTICE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690002, INDEX
CODE NO. 029032-679, SUCH EXPENDITURE HAVING BEEN
F • CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE AND THEREAFTER TO EXTEND SAID SERVICE
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.)
8.3 ACCEPT BID: ` BAXTER HEALTHCARE CORP. -- FOR PROVISION OF
INTRAVENOUS FLUIDS, FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE
$48,142.95.
RESOLUTION NO.95-835
A RESOLUTION ACCEPTING THE BID OF BAXTER HEALTHCARE
CORP. FOR THE PROVISION OF INTRAVENOUS FLUIDS FOR ONE
(1) YEAR, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, FOR THE DEPARTMENT OF FIRE -
RESCUE, AT A TOTAL PROPOSED FIRST YEAR COST OF
$48,142.95; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF FIRE -RESCUE FY'96 BUDGET, ACCOUNT
CODE NO. 280501-714; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION AND THEREAFTER
' TO EXTEND SAID SERVICE 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.)
50
December 7, 1995
ACCEPT BID: ACME GROUP, INC. -- FOR PROJECT: LUMMUS PARK PARKING
& WHEELCHAIR ACCESS, B-6246 (SECOND BIDDING) ($41,038.98, TOTAL BID
OF PROPOSAL) -- ALLOCATE $41,038.98 (CONTRACT COST), $7,647.97
(ESTIMATED EXPENSES), TOTALING $48,686.95.
RESOLUTION NO.95-836
A RESOLUTION ACCEPTING THE BID OF THE ACME GROUP,
INC., IN THE PROPOSED AMOUNT OF $41,038.98, TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED "LUMMUS PARK
PARKING & WHEELCHAIR ACCESS, B-6246 (SECOND BIDDING)";
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1994-1995
CAPITAL IMPROVEMENT PROJECT NO. 331387, AS
APPROPRIATED BY ORDINANCE NO. 11205, AS AMENDED, IN
THE AMOUNT OF $41,038.98 TO COVER THE CONTRACT COST
AND $7,647.97 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $48,686.95; 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.)
ACCEPT BID: JSK INTERNATIONAL, INC. -- FOR FURNISHING 4 PICNIC
TABLES AND CONCRETE SLABS FOR SHENANDOAH PARK, FOR PARKS AND
RECREATION DEPARTMENT -- ALLOCATE $11,174 (FROM CIP 331360).
RESOLUTION NO.95-837
A RESOLUTION ACCEPTING THE BID OF JSK INTERNATIONAL,
INC., FOR THE FURNISHING OF FOUR (4) PICNIC TABLES AND
CONCRETE SLABS FOR SHENANDOAH PARK, IN A TOTAL
PROPOSED AMOUNT OF $11,174.00, FOR THE DEPARTMENT OF
PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 331360, INDEX
CODE NO. 589301-860, COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, NO. 707402; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
51
December 7, 1995
8.6 ACCEPT BID: SUPERIOR COMMUNICATIONS, INC. -- FOR PROVISION OF
PORTABLE RADIO PARTS / ACCESSORIES, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION / SOLID WASTE -- ALLOCATE $57,725.05.
RESOLUTION NO.95-838
A RESOLUTION ACCEPTING THE BID FROM SUPERIOR
COMMUNICATIONS, INC., FOR THE PROVISION OF PORTABLE
RADIO PARTS AND ACCESSORIES FOR ONE (1) YEAR, WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR
PERIOD, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, AT A TOTAL PROPOSED
w FIRST YEAR COST OF $57,725.05; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, COMMUNICATION SERVICES
DIVISION FY '95-96 BUDGET, ACCOUNT CODE NO. 420601-718-
506000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR SAID EQUIPMENT, AND THEREAFTER TO EXTEND SAID
PURCHASE 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.)
8.7 AUTHORIZE PURCHASE OF 5,280 RECYCLING TOTE BINS -- FROM REHRIG
PACIFIC COMPANY -- FOR CITY'S MULTI -FAMILY RECYCLING PROGRAM
(UNDER EXISTING LEE COUNTY CONTRACT NO. Q-950011), FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE --
ALLOCATE $22,000.
RESOLUTION NO.95-839
A RESOLUTION AUTHORIZING THE PURCHASE OF FIVE
THOUSAND TWO HUNDRED EIGHTY (5,280) RECYCLING TOTE
BINS FROM REHRIG PACIFIC COMPANY FOR THE CITY'S
MULTI -FAMILY RECYCLING PROGRAM UNDER AN EXISTING
LEE COUNTY CONTRACT NO. Q-950011, FOR THE DEPARTMENT
OF GENERAL SERVICE ADMINISTRATION AND SOLID WASTE,
IN AN AMOUNT NOT TO EXCEED $22,000.00; ALLOCATING
FUNDS THEREFOR FROM THE FY '95-'96 RECYCLING AND
EDUCATION GRANT FUND 197007-421305-840; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
52
December 7, 199.5
L
8.8 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF ORANGE
BOWL STADIUM -- BY PACE MOTORSPORTS, INC. (D/B/A PACE /
SUPERSPORTS AND SRO MOTORSPORTS, INC.) -- FOR THEIR SUPERBOWL OF
MOTOR SPORTS (FEBRUARY 10, 1996).
RESOLUTION NO.95-840
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS, AS SPECIFIED HEREIN,
FOR THE USE OF THE ORANGE BOWL STADIUM BY PACE
(
MOTORSPORTS, INC., D/B/A PACE/SUPERSPORTS AND SRO
MOTORSPORTS, INC., FOR THEIR SUPERBOWL OF MOTOR
SPORTS ON FEBRUARY 10, 1996; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
at?
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
t.:
PACE MOTORSPORTS, INC., AND SRO MOTOR SPORTS, INC.,
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.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.9 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH WASHINGTON &
CHRISTIAN -- TO PROVIDE PROFESSIONAL LEGISLATIVE. CONSULTANT
SERVICES CONCERNING FEDERAL LEGISLATION AND ACTIVITIES WHICH
IMPACT UPON CITY OF MIAMI -- ALLOCATE $44,000, PLUS $15,000
(REIMBURSABLE EXPENSES).
RESOLUTION NO.95-841
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH WASHINGTON
& CHRISTIAN, TO PROVIDE PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION
AND ACTIVITIES WHICH IMPACT UPON THE CITY OF MIAMI;
ALLOCATING FUNDS THEREFOR FROM THE LEGISLATIVE
LIAISON GENERAL FUND IN AN AMOUNT NOT TO EXCEED
$44,000.00 FOR SAID SERVICES, AND AN AMOUNT NOT TO
EXCEED $15,000 FOR REIMBURSABLE EXPENSES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
53 December 7, 1995
8.10 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MANUEL J.
GONZALEZ, CONSULTANT -- TO PERFORM SERVICES OF CHIEF OPERATING
OFFICER FOR INTERNATIONAL TRADE BOARD (ITB) (NOVEMBER 1, 1995-
SEPTEMBER 30, 1996) -- ALLOCATE $41,250 FROM ITB BUDGET.
RESOLUTION NO.95-842
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MANUEL J. GONZALEZ,
CONSULTANT, TO PERFORM THE SERVICES OF CHIEF
OPERATING OFFICER, FOR THE INTERNATIONAL TRADE
BOARD ("ITB"), FOR THE PERIOD COMMENCING NOVEMBER 1,
1995 THROUGH SEPTEMBER 30, 1996, AT A FEE IN THE AMOUNT
OF $41,250; ALLOCATING FUNDS THEREFOR FROM THE ITB
BUDGET, FISCAL YEAR 1995-1996.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.11 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WI17H JORGE
CARVALHO, CONSULTANT -- TO PERFORM SERVICES OF TRADE
DEVELOPER FOR INTERNATIONAL TRADE BOARD (ITB) (DECEMBER 1, 1995-
SEPTEMBER 30, 1996) -- ALLOCATE $19,170 FROM ITB BUDGET.
RESOLUTION NO.95-843
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH JORGE CARVALHO,
CONSULTANT, TO PERFORM THE SERVICES OF TRADE
DEVELOPER, FOR THE INTERNATIONAL TRADE BOARD ("ITB"),
FOR THE PERIOD COMMENCING DECEMBER 1, 1995 THROUGH
SEPTEMBER 30, 1996, AT A FEE IN THE AMOUNT OF $19,170;
ALLOCATING FUNDS THEREFOR FROM THE ITB BUDGET,
FISCAL YEAR 1995-1996.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
54 December 7, 1995
ILI
i ..
8.12 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH CHRISTINA
PRADERE, CONSULTANT -- TO PERFORM SERVICES OF ADMINISTRATIVE
ASSISTANT FOR INTERNATIONAL TRADE BOARD (ITB) (DECEMBER 1, 1995-
SEPTEMBER 30, 1996) -- ALLOCATE $19,170 FROM ITB BUDGET.
RESOLUTION NO.95-844
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH CHRISTINA PRADERE,
CONSULTANT, TO PERFORM THE SERVICES OF
ADMINISTRATIVE ASSISTANT, FOR THE INTERNATIONAL
TRADE BOARD ("ITB"), FOR THE PERIOD COMMENCING
t DECEMBER 1, 1995 THROUGH SEPTEMBER 30, 1996, AT A FEE IN
THE AMOUNT OF $19,170; ALLOCATING FUNDS THEREFOR
f,.,. FROM THE ITB BUDGET, FISCAL YEAR 1995-1996.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.13 ACCEPT PLAT: COCONUT KEY.
RESOLUTION NO.95-845
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: COCONUT KEY, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.14 ACCEPT PLAT: MERCY HOSPITAL.
RESOLUTION NO. 95-846
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: MERCY HOSPITAL, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
55 December 7, 1995
8.17
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
DESIGNATE RAMAT-HASHARON, ISRAEL, AS A SISTER CITY.
RESOLUTION NO. 95-847
A RESOLUTION DESIGNATING THE CITY OF RAMAT-
HASHARON, ISRAEL, AS A "SISTER CITY" OF THE CITY OF
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
APPROVE ENGAGEMENT OF WEISS, SEROTA & HELFMAN, P.A. -- TO SERVE
AS COUNSEL IN CONNECTION WITH COMMUNITY DEVELOPMENT
DEPARTMENT PERSONNEL MATTERS -- ALLOCATE $20,000.
RESOLUTION NO.95-848
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW
FIRM OF WEISS, SEROTA & HELFMAN, P.A. TO SERVE AS
COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH
PERSONNEL MATTERS PERTAINING TO THE DEPARTMENT OF
COMMUNITY DEVELOPMENT, WITH FEES FOR SUCH SERVICES
NOT TO EXCEED $20,000; ALLOCATING FUNDS THEREFOR
FROM THE SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
CLAIM SETTLEMENT: RONNIE FORD ($45,000).
RESOLUTION NO.95-849
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO RONNIE FORD THE SUM OF $45,000.00, 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. 90-25325 (CA 21), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO.620101-653.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
56
December 7, 1995
x
k7
r
8.18 CLAIM SETTLEMENT: GEORGE P. VICANOVSKI ($39,500).
RESOLUTION NO.95-850
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY GEORGE P. VICANOVSKI, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $39,500.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 94-
07928 CA 08, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
r ' INSURANCE AND SELF-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.)
8.19 AUTHORIZE FUNDING INCREASE FOR THE ALTERNATIVES PROGRAM --
ALLOCATE $40,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO.95-851
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING
FOR THE ALTERNATIVES PROGRAM, IN THE AMOUNT OF
$40,000.00 AND ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO.690001, INDEX
-247, SUBJECT TO SAID EXPENDITURE BEING
CODE 029002
CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
57 December 7, 199!
.......... ............................ ..................... ........ ..----------•--------------------------------
9. (A) RECONSIDER VOTE PREVIOUSLY' TAKEN IN CONNECTION
WITH RESOLUTION 95-648 REGARDING THE KNIGHT MANOR
HOME PROJECT.
(B) RESCIND RESOLUTION 95-648 -- APPROVE DEVELOPMENT OF A
134-UNIT AFFORDABLE HOME OWNERSHIP HOUSING PROJECT
TO BE KNOWN AS THE KNIGHT MANOR HOMES PROJECT
PLANNED FOR DEVELOPMENT BY JOINT VENTURE OF THE
URBAN LEAGUE OF GREATER MIAMI, INC. AND LHL HOUSING
& DEVELOPMENT, INC. IN MODEL CITY (N.W. 67 AND 69
STREETS BETWEEN N.W. 7 AND 10 AVENUES) -- ALLOCATE /
DISBURSE FUNDING ($50,000) FROM HOME INVESTMENT
PARTNERSHIP PROGRAM TO URBAN LEAGUE FOR
PREDEVELOPMENT, AND $4,750,000 FOR DEVELOPMENT /
CONSTRUCTION COSTS.
Mayor Clark: All right. We'll move to item number 2.
Mr. Cesar Odio (City Manager): Item 2, Mr. Mayor.
Commissioner Dawkins: Number 2.
Mr. Odio: That's the Knight Manor. Commissioner Dawkins requested that we place it back. I
believe it's clarification of the language of this resolution.
Commissioner Dawkins: OK. Mr. Mayor and fellow Commissioners, I move that we rescind
the previous Resolution Number 95-648, and that the City Attorney read into the record for
adoption the resolution that I passed to each Commissioner, and what have you. I so move.
Commissioner Plummer: If you could, Mr. Dawkins...
Commissioner Dawkins: Yes, go right ahead, sir.
Commissioner Plummer: Just briefly tell me what is the difference between the motion which
we passed and the motion that you're proffering. What does it do?
Commissioner Dawkins: Quite a bit of difference, and I put it all in...
Commissioner Plummer: That's what I need you to tell me.
Commissioner Dawkins: OK. I'll tell you what. I defer this until I can... until. you can sit down
with the people. I mean...
Commissioner Carollo: Hold it.
Commissioner Dawkins: No, no, no.
' Commissioner Carollo: Miller, if we can, maybe you could answer...
Commissioner Dawkins: No, no, no.
58 December 7, 1995
Mayor Clark: Please, now, one at a time.
Commissioner Carollo:... the questions Commissioner Plummer has.
Commissioner Dawkins: No, I don't have... No, Joe, I don't have to go through this. OK? I
sent it, and if there were any questions that Commissioner Plummer had regarding what he's had
in his hands for a week, then he should have asked me specifically what he wants to know. See?
Then he comes and tells me some broad statement, "Tell me what it is that's different in here
from the other." I mean, that's unfair to me. So just defer it until you can understand it. Bring it
back next week, when you understand it. Next meeting.
Commissioner Carollo: J.L.
Commissioner Plummer: Yeah.
Commissioner Carollo: Do you want to second it, or do you want to hold it up?
Commissioner Plummer: Joe, I don't want to hold it up. I'm merely asking what are the
differences between the two.
Commissioner Dawkins: The difference in it is, J.L., the fifty thousand dollars ($50,000) has to
go immediately.
Commissioner Plummer: OK.
Commissioner Dawkins: The other difference in the one that I wrote and the one that they want
to pass is they don't want to give the four million dollars ($4,000,000) up in the one that they
have. This Commission passed that four million dollars ($4,000,000) be made available to the
Urban League to build these homes; two million to be given out in the first phase, two million to
be given out in the second phase. The one that the City Clerk and the City Attorney drew up
eliminates all of that and does not say... They don't want to give the money, J.L...
Commissioner Plummer: OK.
Commissioner Dawkins:... in the one that they have.
Commissioner Plummer: OK. So what you're saying is that in the resolution you're proffering
now, that fifty thousand dollars ($50,000) would be immediately allocated to this... It's a
combination group; is that correct?
Commissioner Dawkins: Yes.
Commissioner Plummer: OK. Then after the first phase would be the two million set aside, and
if that is completed, then the second.
Commissioner Dawkins: That two million be given now to start the first phase. They cannot
start the phase without the money.
Commissioner Plummer: All right. But my only...
Commissioner Carollo: By the way, I second it for the purpose of discussion.
Commissioner Plummer: OK. Let me ask another question. Mr. Manager, has the Department
of Housing, or whoever is in charge of this - if nothing more, to dispel a rumor, or somebody
59 December 7, 1995
trying to sabotage - has there, in fact, been an environmental study done for hazardous ground
waste?
Mr. Odio: We went through that. 1 think we had a report here of that environmental...
Commissioner Plummer: I'm asking a question. Was it done?
Mr. Odio: Yes, it was environmental, and we found that they can go ahead and move on
developing this project.
Commissioner Plummer: So there's no major hazardous waste problem.
Commissioner Dawkins: May I, Mr. Mayor - Mr. Plummer?
r.
Commissioner Plummer: Yes, sir.
z
Mr. Odio: Unless you know.
Commissioner Dawkins: There is a hazardous waste on a portion of the property that's not
related to the development of the property, number one. There is no more hazardous waste on
this project than there is on the FPL (Florida Power and Light) Building, see. But when you get
ready to hang programs up around here, you hang your hat on certain areas. There is an
environmental problem with the FPL Building, but because the two were similar, the Manager
said to me, "Miller, we can work both of them out, because they are not serious." Is that a
correct statement?
Mr. Odio: Yes, sir.
Commissioner Dawkins: All right. So it has been worked out.
Commissioner Plummer: Well, wait a minute. I want to see this... what this...
Commissioner Dawkins: This gentleman just got the job.
Commissioner Plummer: OK. I'm asking him to make his comment, that's all. Just make your
comment.
Mr. Elbert Waters: Good morning. Good morning.
Mayor Clark: Give us your name and address for the record.
Mr. Waters: Yes. Good morning, Mr. Mayor and members of the Commission. For the record,
my name is Elbert Waters. I am the Director of the NET (Neighborhood Enhancement Teams)
Program, which includes our Department or Division of Community Development, Housing, and
the Jobs Program.
Mr. Odio: I may say, newly appointed, newly appointed, and he's going to do very well.
Mr. Waters: Regarding your question, Commissioner Dawkins, relating to the environmental
concerns, we have a letter dated November 3rd from Dade County DERM - that's the
Department of Environmental Resources Management. That letter indicates that there is no
further action that is needed as it relates to the particular site, which is within the confines of
what is titled the Knight Manor Project. That letter, we received, we have a copy of it, and we
will be submitting that for your review.
60 December 7, 1995
4
Commissioner Plummer: OK. My final question. Of course, four million dollars ($4,000,000)
is a lot of money. What does the City have in hand to designate what's going to be built? We
went back and forth, and I have not seen the final. I asked for certain things to be considered. I
don't know what that is. Where have we seen... Have we gone into any scenarios as to
guaranteed rates that will be charged? Have we got any kind of bidding procedure that must be
followed? I'm asking that as a norm. So am I to assume that all the norms are in place, that they
have to go through the same bidding procedures as the City?
Commissioner Dawkins: The only difference here is, Mr. Plummer - and which this resolution
does not include -
G
Commissioner Plummer: Yes sir.
s
Commissioner Dawkins: - this money must be awarded to a nonprofit organization.
Commissioner Plummer: OK,
s:
Commissioner Dawkins: This money will be awarded to the Urban League, a nonprofit
.
organization, to work in conjunction with the for -profit organization to put these houses in
Liberty City, where we've been trying to put them for three years.
Commissioner Plummer: My question is - and as you know, I explicitly trust T. Willard Fair -
but what I'm saying is, it's tax dollars money. What control do we have to know exactly what is
going to be?
Commissioner Dawkins: The same control that you have over the Melrose Project. The same
control that you have on any other housing project that this City has built.
Commissioner Plummer: OK. Then when we receive that, Miller, then I'm happy.
Commissioner Dawkins: Hmm? OK.
Commissioner Plummer: I have not seen any guaranteed rates.
Mr. Odio: Let him show you for a second what the cost of the plan is.
Commissioner Plummer: OK, that's fine.
Mr. Odio: I tell you, J.L....
Commissioner Plummer: I think we need to come back here and to say that a unit, if it's for sale,
is going to be a maximum of "X" number of dollars. We did this at Melrose.
Commissioner Dawkins: But that's what he's getting ready to tell.
Commissioner Plummer: OK.
Commissioner Dawkins: But first, before that, we got to get the money. Then, if you get the
money, then he can tell you. Now, Madam City Attorney, is there anything that we didn't
cover?
Ms. Linda Kearson (Assistant City Attorney): Well, Commissioner, we would only require that
they follow our customary procedures. We are not going to cut a check for two million dollars
to give to the developer.
L
61 December 7, 1995
Y'
Commissioner Dawkins: Nobody expects you to.
Ms. Kearson: No, and I'm not saying that we are. All we're saying here...
Commissioner Dawkins: Well, then, nobody expects you... As J.L. said, follow the normal
reimbursement procedure. Isn't that the way we do it?
Mr. Odio: Yeah.
Ms. Kearson: Disbursement procedures, that's correct.
Commissioner Dawkins: Yeah, that's right.
r;
.' ' Ms. Kearson: That's all were saying.
Y g
3
Commissioner Dawkins: That's all, That's all. Nobody wanted anything different.
Commissioner Plummer: Bidding procedures.
Ms. Kearson: Well, they don't have to follow our bidding procedures.
Mr. Waters: They don't... All we're doing...
Ms. Kearson: You have to keep that in mind.
Mayor Clark: All right, please, one at a time.
Ms. Kearson: They do not have to do that.
Mayor Clark: One at a time, please.
Ms. Kearson: The...
Mr. Odio: Can I say something, Commissioner Plummer? This is in an area - I went out and
looked at it the other night - next to the new high school, next to an industrial area. If we do this,
we're bringing people back to live in this area.
Commissioner Dawkins: This is ridiculous.
Mayor Clark: All right. Let's...
Commissioner Plummer: Absolutely...
Mr. Odio: And it's a beautiful project.
Commissioner Dawkins: Call the roll on the motion, and then let him explain it, please, Mr.
s. Mayor.
December 7, 1995
Commissioner Dawkins: Yes.
Mr. Foeman: Commissioner Plummer.
Commissioner Plummer: On the change of the - one ordinance to the other - I vote yes.
Mr. Foeman: Commissioner Carollo.
Commissioner Carollo: Yes.
4
Commissioner Plummer: Resolution.
1 '
Mr. Foeman: Vice Mayor Gort.
Vice Mayor Gort: Yes.
Mr. Foeman: Mayor Clark.
.
Mayor Clark: Yes.
Commissioner Dawkins: You got to read the resolution?
A. Quinn Jones, III, Esq. (City Attorney): You need... First of all, in my area, you need to do a
motion rescinding the previous resolution.
Commissioner Dawkins: All right. I move to rescind the former Resolution 95-648.
Mayor Clark: Second the motion. Call the roll.
Mr. Foeman: Roll call...
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-852
e_
A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN IN CONNECTION
WITH RESOLUTION 95-648, ADOPTED SEPTEMBER 14, 1995, REGARDING THE
KNIGHT MANOR HOME PROJECT.
63 December 7, 1995
Upon being seconded by Commissioner Carollo, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
u
NAYS: None.
:;. ABSENT: None.
Commissioner Dawkins: Now, in this resolution I'm submitting, you have to add that the money
must be given to the Urban League...
Mr. Jones: Yeah. An
Commissioner Dawkins:... and a reimbursement.
Mr. Jones: Yeah.
Commissioner Dawkins: Will you put that language in so we all are covered, please. OK?
Read it. No, read what you're going to say, so Commissioner Plummer and I know what we're
saying.
Mr. Jones: OK. Well the only thing... Excuse me.
Mr. Waters: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Go right ahead, Mr. Waters.
Mr. Waters: I just... For clarification, in terms of the motion that's on the floor, is it my
understanding that the Commission is considering rescinding the previous motion?
Mayor Clark: We have.
Mr. Jones: The previous resolution.
Commissioner Dawkins: Well, the previous resolution. Not the motion.
Mr. Waters: The resolution. And that resolution indicated that the project would receive
approximately two point three million dollars ($2.3 million)? That's been rescinded? Now, the
new motion...
Mr. Jones: No. Let me explain to you. The previous resolution that was passed by this
Commission is being - has been - rescinded. What will cover your concerns will be addressed in
the new resolution that is about to be read into the record.
Mr. Waters: OK. And that amount with the new resolution...
Mr. Jones: It's going to be addressed, and the resolution is getting ready to be read into the
record.
Mr. Odio: With the same amount of dollars.
Mr. Jones: Yes.
Mr. Odio: OK. No problem.
Mr. Waters: OK.
Mayor Clark: You want to read the resolution?
Ms. Kearson: The new reso would read as follows:
"A resolution relating to the development of a 134-unit affordable home
ownership housing project to be known as Knight Manor Homes Project Plan for
development by a joint venture of LHL Housing and Development, Inc., and the
Urban League of Greater Miami, Inc. Joint Venture on an eleven -acre parcel
located in the Model City neighborhood at Northwest 67th and 69th Streets
between Northwest 7th and 10th Avenues, Miami, Florida; authorizing the City
Manager to allocate and disburse funding from the City's Home Investment
Partnership Program in an amount not to exceed fifty thousand dollars ($50,000)
to said Joint Venture to defray the costs associated with predevelopment activities
in connection with said development; authorizing the City Manager to allocate
funding for project development and construction in an amount not to exceed four
million seven hundred and fifty thousand dollars ($4,750,000), of which two
trillion three hundred and seventy-five thousand dollars ($2,375,000) will be
made available immediately to the Joint Venture, after an environmental study is
provided, indicating that the parcels are clear for construction. The remaining
two million three hundred and seventy-five thousand dollars ($2,375,000) will be
made available after completion of Phase I of the project. These funds will be
provided from the City's Home Investment Partnership Program and/or
Community Development Block Grant Program; further authorizing the City
Manager to execute all necessary documents in a form acceptable to the City
Attorney with the Urban League of Greater Miami, Inc. to implement said
allocations for the project."
Commissioner Dawkins: A point of clarification, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mr. City Attorney, you said that somewhere - either this last
paragraph, last sentence - has to say Urban League? Is that what you're saying?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. They allocate... It's clear from the last that the
allocation would go straight to the Urban League, so there won't be any problem.
f
Commissioner Dawkins: OK. Thank you.
i Commissioner Plummer: Now, my question is, is there an established guaranteed maximum
price?
Mr. Oliver Gross: Yes, sir. And based...
65 December 7, 1995
{{
Commissioner Plummer: And I think we... I want that on the record.
Mayor Clark: Your name for the record.
Mr. Gross: For the record, my name is Oliver Gross. I'm the Director of Development for the
Urban League of Greater Miami. Our address is 8500 Northwest 25th Avenue. Based on our
projections and scope of work, the price range for the units would range from seventy thousand
to ninety thousand dollars ($70,000 - $90,000). The maximum price would be ninety thousand
- dollars ($90,000).
Commissioner Dawkins: Say what the seventy is for, Mr. Gross.
Mr. Gross: The seventy thousand would be for the small units and for the townhouse units,
'
Commissioner.
L.
Commissioner Dawkins: All right.
Commissioner Plummer: OK, so you know... You know, by virtue of that, that you are on
record...
Mr. Gross: Yes, sir.
Commissioner Plummer:... that you cannot exceed that amount.
Mr. Gross: Yes, sir. Yes, sir.
Commissioner Plummer: OK. The only question I have, Mr. Dawkins, should we have some or
retain some control over the second million? In other words, that it takes Commission approval
on the second phase.
Commissioner Dawkins: Yeah, the second... The first phase would not be like the Melrose
thing. You must complete the first phase in order to do anything with the second phase.
Commissioner Plummer: That's exactly the point I'm trying to make. And I would like to see
that before the second phase and the second two million dollars ($2,000,000) is allocated, that it
comes back before this Commission for its - another approval.
Commissioner Dawkins: OK. They have... They have something better they have planned,
J.L., and that is, they plan to have presold two thirds of the second phase by the time they
complete the first phase and ready to go into the second phase.
Commissioner Plummer: God bless them.
Commissioner Dawkins: OK. Go right ahead.
Mayor Clark: There's a motion and a second. Let's call the roll again on that. You offered it,
Mr....
Commissioner Dawkins: Yes, sir. Yes, sir, Mr. Mayor.
Mayor Clark: You second it, Mr. Carollo?
Commissioner Carollo: Yes, sir.
66 December 7, 1995
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-853
A RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION NO. 95-648,
ADOPTED SEPTEMBER 14, 1995; REAFFIRMING THE ACCEPTANCE OF THE
ENVIRONMENTAL STUDY PURSUANT TO MOTION NO. 95-699, ADOPTED
SEPTEMBER 28, 1995; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, RELATING TO THE DEVELOPMENT OF A 134-UNIT
AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT, TO BE KNOWN AS
"KNIGHT MANOR HOMES PROJECT," PLANNED FOR DEVELOPMENT BY THE
JOINT VENTURE OF THE URBAN LEAGUE OF GREATER MIAMI, INC., AND
LHL HOUSING AND DEVELOPMENT, INC., ON AN ELEVEN (11) ACRE PARCEL
LOCATED IN THE MODEL CITY NEIGHBORHOOD, AT NORTHWEST 67TH
AND 69TH STREETS BETWEEN NORTHWEST 7TH AND LOTH AVENUES,
MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND
DISBURSE FUNDING FROM THE CITY'S HOME INVESTMENT PARTNERSHIP
PROGRAM, IN AN AMOUNT NOT TO EXCEED $50,000, TO THE URBAN
LEAGUE TO DEFRAY THE COSTS ASSOCIATED WITH THE
PREDEVELOPMENT ACTIVITIES IN CONNECTION WITH SAID
DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO
ALLOCATE AND DISBURSE FUNDING TO THE URBAN LEAGUE, IN THE
MANNER PRESCRIBED BY THE CITY'S HOME INVESTMENT PARTNERSHIP
PROGRAM, FOR PROJECT DEVELOPMENT AND CONSTRUCTION COSTS IN
AN AMOUNT NOT TO EXCEED $4,750,000, OF WHICH $2,375,000 WILL BE
MADE AVAILABLE IMMEDIATELY TO THE URBAN LEAGUE FOR PHASE I OF
THE DEVELOPMENT, AND THE REMAINING $2,375,000 TO BE MADE
AVAILABLE FOR PHASE II AFTER THE COMPLETION OF PHASE I.
(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 J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor. Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor - Mr. Manager, when can they get... so that the money can
start... because I don't... I would hope that by the time Northwestern High School is completed,
these new homes are completed around the Northwestern, so we can have a beautiful school and
beautiful homes. OIL?
Mayor Clark: You want an idea from this gentleman?
67
December 7, 1995
k
Mr. Waters: Yes. Mr. Mayor and members of the Commission, in terms of when the project
begins the disbursement of funds, what we will do is, once they submit those bills, we begin to
pay, and that's how we would want to conduct that.
Commissioner Dawkins: OK. So if...
Commissioner Plummer: That's it.
Commissioner Dawkins: All right. So, now, OK, let me be understood. Then it's up to me...
Mr. Gross, you need to hear this, because I need to know what...
Mr. Gross: I'm listening, Commissioner.
' Commissioner Dawkins: No, no, no. I have to look in your eyes. What they are telling me and
you is, we've got to find a bank that will give us the start-up funds, and we get started - which
we've never done this with nobody else before, now, but listen, I don't have a problem with it,
OK? We have to find a bank that will give us the start-up funds, and then they're going to
reimburse us as we complete...
Commissioner Plummer: That's unfair.
Commissioner Dawkins:... Phase I and Phase II.
Commissioner Plummer: No, no, that's unfair. I think what...
Commissioner Dawkins: That is damn unfair, but that's what they're saying.
Commissioner Plummer: No, no, no. I think the fifty thousand dollars ($50,000) should be
separate and aside, OK?
Vice Mayor Gort: Yeah.
Mr. Waters: We...
Mr. Odio: We have to give them that right away.
Mr. Waters: We have...
Commissioner Plummer: Well, that's the start-up fund.
Vice Mayor Gort: Yeah. The fifty thousand is right away.
Commissioner Dawkins: OK. But fifty thousand... OK. When you - and I don't know, now -
when you build a house, or build anything, you have to have money to do the foundation.
Commissioner Plummer: Well, just surrender the bill.
Commissioner Dawkins: You have to have money to run up the blocks.
Commissioner Plummer: Just surrender the bill.
68 December 7, 1995
Commissioner Dawkins: And then when you do that, then you go back to the bank and you get
another draw. And then you can... But now, you guys, what I'm hearing now... I don't even... I
don't know what I'm hearing, I really don't. But whatever... Listen. Whatever it takes, between
me, you, Fannie Mae (Federal National Mortgage Association), and everybody else out there,
we'il get this done. OK? Thank you.
Commissioner Plummer: What's the total cost of the project, Phase I?
Mayor Clark: Go right ahead, Mr.... Go ahead.
Commissioner Plummer: What's the total cost of the project?
'
Mr. Gross: The total cost of the project is somewhere in the neighborhood of about thirteen
million dollars ($13,000,000), Commissioner.
Commissioner Plummer: Phase I.
Mr. Gross: Phase I would be half of that.
Commissioner Plummer: OK.
Mayor Clark: All right. Any further discussion?
Commissioner Plummer: Nope.
Mayor Clark: Thank you, sir. It's been passed.
Mr. Gross: Thank you.
- - ----------------------------------------------------------------------------
10. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTIONS
TO: (a) ELECT / REAPPOINT A. QUINN JONES, III, AS CITY ATTORNEY;
(b) ELECT / REAPPOINT WALTER J. FOEMAN AS CITY CLERK; AND (c)
CONFIRM CITY CLERK'S REAPPOINTMENT OF MARIA J. ARGUDIN AS
ASSISTANT CITY CLERK.
Mayor Clark: Item number 3, electing and reappointing of...
Commissioner Dawkins: I move to reappoint the City Attorney.
Mayor Clark: Second the motion.
Commissioner Dawkins: OK. Mm-hmm.
Commissioner Carollo: Fellow Commissioners, as you all know, I've only been here barely
three weeks. I've been going home at ten -thirty, eleven, twelve o'clock each night, and I spend
i then a couple more hours reading and catching up so that I could be up and going extremely
early in the morning. And I haven't even had the chance to sit down with the City Attorney,
City Clerk, to discuss the issues that I think are of importance. And for me to be able to clarify
certain areas with them, I would respectfully request this item, together with the appointment of
the City Clerk, be deferred until the January meeting, and then we can take it up there.
69 December 7, 1995
la
Commissioner Plummer: That's fine,
Commissioner Dawkins: It's the policy of this Commission that if a Commissioner needs more
information, so be it - although that won't change anybody's vote - but so be it, I guess.
Mayor Clark: Deferred till the next meeting?
Commissioner Dawkins: Yes, next meeting. That's what you said, the next meeting?
Commissioner Carollo: Yeah, in January, whatever date that will be.
i Commissioner Plummer: January 11th.
r .
Commissioner Dawkins: January l lth or whatever.
t.
Commissioner Plummer: Fine.
Commissioner Dawkins: I second the motion.
Mr. Manuel Gonzalez-Goenaga: Well, I won't be here...
Mayor Clark: Well, I'm sorry.
Mr. Gonzalez-Goenaga: ... on January 11th. May I put my comments now, since...
Commissioner Plummer: No.
Mr. Gonzalez-Goenaga: He's the new "Boom -Boom" now.
Mayor Clark: For one minute, you can have your comments.
Mr. Gonzalez-Goenaga: One minute. Well, I am... Just the input I think that this whole body
should examine in very detail the lawsuits, how many we win, how many outside counsel we
have, and also, regarding the City Clerk - and I respect him - I would like to have a final decision
from the Princess Centurio and Centurino regarding the investigation, because it's a matter of the
interest of the public, regarding the Bared switch from one to the other. I tried to switch and get
my money back. I couldn't make it. And I don't want any exceptions here, whatsoever. I
would like to have a report on that from the State Attorney's Office. And then, I don't know
about the City... What about the Manager? When will he be reconsidered? In May?
Mayor Clark: We'll do that in time.
Mr. Gonzalez-Goenaga: OK.
Mayor Clark: Call the roll on the motion for deferral until the next meeting.
70 December 7, 1995
Commissioner Carollo: And I thank the new "Boom -Boom" Gonzalez for the information.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER DAWKINS, ITEM 3 WAS DEFERRED 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I was going to defer 5, but I will tell you now, so that we can get it all
out of the way. You need to come and see me on 5, because I have some concerns on 5.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Carollo: On number 4, the same. I would like for that to be deferred.
Commissioner Plummer: Oh, I thought that was all three.
Mayor Clark: All included.
Commissioner Dawkins: All three, all of them, yeah.
Commissioner Carollo: Yeah, but we got to vote upon them individually. We have to by law.
Commissioner Dawkins: All right, OK. All right. Well that was on 3?
Mr. Walter Foeman (City Clerk): That was 3.
Commissioner Dawkins: All right. Go right ahead.
Mr. Foeman: Roll call, Commissioner Dawkins.
Commissioner Dawkins: On 4?
71 December 7, 1995
Commissioner Carollo: Yeah, on 4 now.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER DAWKINS, ITEM 4 WAS DEFERRED 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.
Commissioner Dawkins: All right, on 5.
Commissioner Carollo: I make the motion. Commissioner Dawkins seconds it.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER DAWKINS, ITEM 5 WAS DEFERRED BY
THE FOLLOWING VOTE:
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: This is to defer, now.
Mr. Foeman: I understand.
Commissioner Carollo: Don't make any mistakes.
Mayor Clark: OK.
Commissioner Dawkins: Yes. The only thing is, see me on 5 before the next meeting.
Mayor Clark: OK.
72
December 7, 1995
...._.,.-----------------------------------------------------------------------------
11. Continued) DISCUSSION CONCERNING PORT OF MIAMI EXPANSION.
See label 7)
Mayor Clark: All right. Before we move to the next item, I'd like to recognize our Chairman of
the County Commission, Mr. Arthur Teele.
Commissioner Plummer: Oh.
Mayor Clark: Arthur, you were late this morning. You didn't show up.
[ Commissioner Carollo: We hadn't seen him there.
l
Commissioner Dawkins: Yeah, you're late again, Mr. Chairperson.
Mayor Clark: All right. Go ahead.
County Commission Chairman Arthur Teele: Yeah. I know that I was late at Church of
Incarnation, and I...
Mayor Clark: Well, just don't be late for your sainthood.
Chairman Teele: Well, we're not going to be late for the sainthood. Mr. Mayor, first of all, let
me tell you how encouraged all of us were at County Hall today, as we tuned into these
proceedings - Commissioner Diaz de la Portilla, Commissioner Ferre and we were, obviously,
fortunate, because of the technology, to be a part of this proceeding from our own vantage point.
And like many of the citizens in the City, we, too, watched these deliberations and found them
very helpful, very useful. But most of all, Mr. Mayor, we are encouraged by the strong
statement that you made at the beginning of the meeting regarding your health. Let me tell you,
Mayor - Steve - you know how much you have done for me professionally and personally. I can
truthfully say that I would not be Chairman were it not for sitting at your side, which is the best
seat in the house, Joe, sitting right next to Steve, and sort of watching him move through the
agenda, recognizing the appropriate person for the motion, and all the little tricks of the trade
that he's learned. Steve, you've been so much to so many people, and I certainly publicly
acknowledge what you've done for me, but more importantly, I acknowledge that you're with us
in our prayers, that we pray for you, and we're encouraged by your speedy and obvious good
looks, and married life is obviously agreeing with you.
Commissioner Plummer: Whew! Watch out, Mayor, here it comes.
Mayor Clark: Where's it coming from?
Commissioner Plummer: Watch out, Steve.
Chairman Teele: Mr. Mayor, in the context of what happened this morning, we have
i congratulated both the City Manager, and the County Manager, and the Port Director, and the
staff, for, obviously, what has been an arm's length, a tough negotiation, one that has gone on for
three years, 18 months in earnest, and one that we think will benefit all of the citizens of
downtown, the City, and South Florida. And in that regard, I want to pledge to you, as Chairman
of the Commission, that we believe this can begin in ushering in a new era of cooperation. I
73 December 7, 1995
think the comments that J.L and others made about the importance of the fire service for the
citizens of all of downtown, the points that have been made regarding the police and the ability
to better provide for protection in areas that have been challenged. And we all know what the
park looks like today. But Mr. Mayor, I'm here with due reference, and with your permission, to
speak to the Chairman of the Overtown/Park West District who, I believe rightfully aad
appropriately, has filed a dissenting motion or vote. Mr. Mayor, I am going to be distributing a
letter to Chairman Dawkins in the context that he chairs the Overtown/Park West Tax Increment
District. Mr. Mayor, Chairman Dawkins, this community has made commitments for everything
under the sun in Miami. We've committed to housing, we've committed to clean up the bay, to
clean up the river, to build the aquifer, to rebuild the aquifer, to protect the manatee, to protect
the alligators, to protect everything under the sun. But we've not made our - lived up to our
commitment to one third of the subscribers who stood for the City of Miami, most of whom
came from Overtown west of the railroad track - west of the railroad track. And I believe it's
important, Mr. Mayor and Chairman Dawkins, that virtually all of the development that has
occurred under City auspices has occurred east of the railroad track. Mr. Mayor, it's also
important to put on the record that at the last CRA (Community Redevelopment Agency)
meeting, City staff said that the number one priority of the CRA - as far as staff was concerned -
is to build a World Trade Center. That is a pathetic statement and comment, when all of the
people live west of the railroad track. At some point, Mr. Mayor, we have to make a
commitment for the people who live here. And while I am just as encouraged by the Maritime
Park for the visitors and the people who we need to continue to build our economic future, we
are urging... And I, as a District 3 Commissioner, who has the privilege to represent most of
Overtown - with one exception - and I've said many times, my fate as a Commissioner rests
more in the hands of the five City Commissioners and the City Manager than in the twelve
colleagues that I have and the County Manager. Eighty percent of the District that I represent is
in the City of Miami. And when the garbage doesn't get picked up, people don't necessarily
look for whether or not it's the City, or the County, or the State. They just want the garbage
picked up. When the police don't come, they don't care if it's a State Highway Patrol or County
Police, or City Police. They want the police to come. So I'm in - like many of my colleagues -
in this sort of very precarious situation where I have to respectfully come as a citizen and as a
public official, and petition this Commission to do what is right for the citizens of Overtown.
Mr. Mayor, there's a lot of talk about the Arena. I know and you know that the Arena is not
nearly as bad as we have heard it is. The problem with the Arena is that the community around
it hasn't been stabilized. That is the biggest problem with the Arena. In the next two to three
years, that Arena clearly will be inadequate for a professional franchise. But it's the community.
It makes no sense for the County and the City, using public dollars, to spend a hundred and fifty
million dollars ($150,000,000) to clean up and build a Maritime Park... And that's the tip of the
iceberg, Mr. Mayor, as you well know. One billion dollars ($1,000,000,000) each week will be
laying in harbor off of that park - one "B," billion dollars. That's the cost of four super cruise
ships, about a quarter of a billion each. And Mr. Mayor, members of the Commission, Chairman
Dawkins, if we don't stabilize Overtown, if we don't provide housing, home ownership, as a part
of the Tax Increment District, the CRA, we are not going to have that investment protected,
because the moment one of our young urban warriors decides that he's had enough, and he
crosses Biscayne Boulevard, with some undesirable act in mind, you know what's going to
happen to those cruise ships? They are going to do what an Arena can't do. They're going to
pull up anchor, and we're going to be reading about this in the Wall Street Journal and the New
York Times and the Puerto Rico Sun, that cruise ships are being relocated. And that's one of the
reasons why the safety issue is so important. Chairman Dawkins, Mr. Mayor, I plead with you to
pass an ordinance that will escrow 50 percent of the monies of this project to direct it to the
Overtown/Park West Tax Increment District. This makes prudent business sense. As you know,
this City was scandalized, Mr. Mayor, before you got here, with Wall Street Journal reports. For
the first time in the last 20 years, the credit of this City took a negative credit rating. And
Commissioner Gort, particularly, should understand the significance of the fact that the CRA
Tax Increment District bonds were lowered, and it was an embarrassment. It made the front
74 December 7, 1995
W
page of the business section. By committing dollars to the CRA, that credit will go from a B
minus to a triple A, double A, overnight. It's the prudent financial thing to do for the reputation
and the well being of this City. But it's also the right thing to do. And Mr. Mayor,
Commissioners I may only have one vote and I don't mind bein on a four to one vote and
being that one, nor an eight to one vote ands being that one, or a twelve to one vote. At some
point, we've got to stop the politics and do what is right. And I am urging you, Mr. Mayor, and
members of this Commission - and I'm particularly urging Commissioner Gort, who I think,
quite frankly, needs to be more accountable to District 3, and to the Overtown area - because I
really believe that in the context of the bond financing problems that we have in that District, we
need leadership, we need support, and we need to stop the games. You can put it in any bank
you want to, it doesn't matter. We know that putting the money in a batik, it doesn't matter if
the bank is owned by Republic, or United, or Peoples, or Citizens. That's not the issue. And I'd
be most grateful to acknowledge publicly that the Republic Bank, a Hispanic Bank, has done
what no other bank in this City and this County has done. They've taken the risk, they've moved
into Overtown, and they should be commended, and I intend to call them to the County
Commission and to give them a proclamation for what they've done.
(APPLAUSE)
Chairman Teele: But let's don't get confused. Putting the money in Republic Bank in the
Overtown branch doesn't change anything. It will only change when this Commission... And
those of you understand bond financing, particularly those of you who have a heart for this
community, those of you who have the bloodlines that come from the Bahamas and the Keys,
those of you who understand the importance of what it is we're trying to do to bring our
community together, and those of you, like Mayor Clark, who have served unwaveringly for the
best interest of this community... Because I can tell you, Mr. Mayor, in two years, in three years,
with that money going into a special account, you're going to hear from the people on the east
side of Biscayne Boulevard, in the Northeast District where I live, in Morningside, saying, "We
have a special need." And then you're going to hear...
Mayor Clark: Give us a chance, Arthur. Just a moment.
Vice Mayor Gort: Mr. Mayor...
Mayor Clark, If you get the money to us, you'll find out what we're going to do. We have
committed - we have totally committed by this Commission that we're going to do the proper
thing properly before this Commission to make sure that Overtown is brought back to its rightful
position.
Chairman Teele: Mr. Mayor, with all due respect, that's a fine statement, but that is realty not
going to be sufficient for the citizens of the City of Miami that I believe I represent. We need an
ordinance that locks this money in so that every three - every time there is an election or some
public official who comes down here and says, "I need the money," that the money doesn't get
diverted. Mr. Mayor, you'll do what you think is right. I'm only respectfully urging you to do
what is right for this City, and do what is right for Overtown, that has too long been denied. And
I appreciate the courtesy, Mr. Mayor...
Mayor Clark: My pleasure.
Chairman Teele:... that you've extended to me.
Mayor Clark: Thank you, sir.
75
December 7,1995
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Gort: Since I was addressed...
(APPLAUSE)
Vice Mayor Gort: Chairman Teele, when I was elected here, I made certain commitments, and
as someone who knows Overtown, I used to visit Sir John back in the '60s, because they used to
have a lot of jazz in there. Since I've been elected here, I try to do everything for every
neighborhood that I can within the City of Miami. That was my commitment. I've been in
Overtown for quite a bit. We've done quite a bit in the parks there. We've established some
pilot programs that I promised there to help the kids after school, with their homework, because
that's one of the biggest problems they had. We have had some new events in the parks taking
place. At the same time, a lot of people promised to have a bank in there, but it wasn't until this
Commission took the position and helped the bank that the bank was established there. So I
don't want you to think at any time that I oversighted Overtown or I ignored Overtown, because
I think the people of Overtown can tell you how many times I've been there.
Chairman Teele: Commissioner, the road to hell is paved with good intentions. It's time we
heard past the rhetoric...
Vice Mayor Gort: It's not good intentions. It's action.
Chairman Teele: It's time we heard... You addressed it to me. It's time we moved past the
rhetoric and we did some deeds. And putting that money in an account is not going to do one
thing for Overtown, because the first time you try to move it, there's going to be another group
over here, and another group over there, and what you're going to see is this Commission get
pulled in a hundred knots, and before long, the money will not be available for the community
that must be stabilized.
Mayor Clark: All right.
Chairman Teele: It makes no sense, Commissioner...
Vice Mayor Gort: I understand what you're saying.
Chairman Teele: ... to build a hundred million dollar ($100,000,000) park, to put a billion
dollars ($1,000,000,000) in boats in there every year and leave the community - one of the
poorest communities in America. The City of Miami is the third poorest City in America. And
Overtown - which we just went through in the enterprise application - Overtown is the poorest
census tract in the entire City.
Mayor Clark: Commissioner Dawkins.
Commissioner Dawkins: Thank you for coming, Mr. Chairman. You know, it's not
heartwarming, but I guess it's appreciative. See, you were the one who stood up in Overtown
and said, "The City Commission is the CRA Board. The City Commission is not doing what it's
supposed to do as the CRA Board." At your urging, this City Commission then sat as the CRA
Board. With your urgings, the CRA Board began to do those things identified by you as things
that were not done in the Overtown area. I do not have to tell you that the Overtown area... And
this was a speech I had for you to read to Marty Fine, so I want you to know I'm not doing it
76 December 7, 1995
because you just got here. See, Marty Fine is on here talking about he's going to give me a
history.
Mr. Odio: He asked to be withdrawn.
Commissioner Dawkins: Yeah, he asked... Well, he was going to give a history of Overtown,
and I was going to give him a little history, see. So you really and truly started the ball to
rolling. Art, you know, as you said, I don't understand how - and that's one of my problems
with the Tacolcy application this afternoon - how in the hell are you going to create jobs in this
climate when everybody is downsizing, everybody is laying off, all businesses are going out of
business? And then everybody comes before me and tells me, "I'm going to create jobs in that
area." Give us a break, Art. We know better than that. See? But if you give us the supporting
services in that area, such as a little building which you create a little jobs, give us some
businesses where you can employ people and spend money in your own neighborhood. These
are the things that we're talking about. And I'd like to say to you that Art Teele looks at Dade
County, in my opinion, as an orchestra, and he has to look at it as a symphonic orchestra,
because he is the Chairperson. But he also knows that if any part of that orchestra is out of tune,
the band sounds like hell.
Mayor Clark: Sure.
Commissioner Dawkins: So Art Teele looks at his symphonic orchestra, and he says, "Yes,
Miami is my District. But I can't be concerned only about Miami. I've got to look at the rest of
the band. But I'm going to cut out the brass section, and in this brass section, I'm going to zero
in on the trumpets." And what Art is saying to us, "We got to get some trumpet players,"
because the trumpet section is out of tune. And that's... And all of you out there - even those of
you who are looking at me on TV - you better understand that Art Teele and Miller Dawkins
don't agree on everything, never will, and don't want to. But we agree that we're tired of urban
"removal" in Overtown, we are tired of rapid transit in Overtown, we're tired of I-95 in
Overtown, and we are disgusted with the present train that's going to come over Overtown, and
Overtown under here will still look like you ride over it in a train. Now, I don't know, but Art,
this CRA Board is committed. Committed to what? I don't know. But I have said over and
over, and you've said it - not even being here - the City of Miami is making land available for
Dade County to make a ton of money, and nobody up here seems to understand that there should
be a penalty from this money for what you have caused for Overtown. Now, as you said... Bond
rating. You, Mr. Chairman, yourself, removed a - what is it? - Courthouse Center from the
Courthouse steps to reduce the bonds. You did that. You, yourself cannot get Mr. Penelas to
pass my interlocal agreement, OK? But together, you and I can work to ensure that the Arena
produces what it's supposed to produce for Overtown, and that we get some... And Art and I are
on the same wavelength. There is affordable housing, and there's decent affordable housing,
OK? People look at low rent housing and say it's affordable. All you have to do is add fifteen
hundred dollars ($1500) more to any unit that you're building and bring it out as a decent house.
And so with that, Mr. Chairman, I'm proud that you came, and we will meet, if we have to go to
Garth Reeve's office so we don't violate the Sunshine Law, if there's such a thing between
County and City.
Chairman Teele: No, sir.
Commissioner Dawkins: See? See? And we must sit down, so that when we get together, I
don't care what people say or what we say, we already got a game plan. And thank you for
coming.
Chairman Teele: Thank you.
77
December 7, 1995
Commissioner Plummer: Well, I...
Mayor Clark: Thank you.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Commissioner Plummer: Art, I think that...
Commissioner Dawkins: Oh, wait a minute, one thing. And you are correct, nobody cares about
Overtown. This Commission does not care about Overtown.
Mayor Clark: I wouldn't say that.
Commissioner Dawkins: This Commission refused to build a Government Center near
Overtown that would prove to the world and to the City that they got confidence in that area.
Mayor Clark: When was that?
Commissioner Dawkins: They bought the FPL (Florida Power and Light) Building.
Commissioner Plummer: You weren't here.
Commissioner Dawkins: They bought the FPL Building, rather than build a building. And you
know what now, Art? The people in the Florida State Building, they're leaving. They say, "If
you all didn't have confidence in this area, I'm not going to have it in it, either."
Commissioner Plummer: Mr. Mayor and Mr. Teele, one of the attachments to the motion of
acceptance of the Maritime Park was that money will be held in reserve, and none shall be
allocated until we deal with the Overtown/Park West Project. So that money is locked in.
Nobody is going to run with that money. That's today, another day to fight. I hope you'll be
here to fight and to make sure...
Mayor Clark: Fight with us.
Commissioner Plummer: ... that this Commission goes about the business that needs to be done.
But the money is locked. It cannot be allocated for anything until this Commission addresses, in
full public hearing, the Southeast Overtown/Park West Project, and that is the time that
something will be done.
Mayor Clark: Thank you, Mr. Teele.
Vice Mayor Gort: Mr. Mayor, I'd also like to add that as of last week, I have two investors
coming down that are interested. You have some default bonds in there in some of the
construction. These people are ready to buy those bonds and create affordable housing within
that area; not only in the affordable housing, but in the retail part of it, too.
Commissioner Carollo: And that's very important, Commissioner Gort, and Chairman Teele,
Art, I truly appreciate you coming here today, and taking your time, and sticking your neck out
to say the things that you said that few, if any, have been willing to say as elegantly and as
clearly as you have. And I'm happy to see that you and Commissioner Dawkins are in the right
track, not only in this item, but - again together - but many others that I've seen in the past few
months. I wonder if you guys have kissed and hugged, and made up.
78 December 7, 1995
P
Adak
Commissioner Plummer: We're better off if you don't.
Chairman Teele: Joe, Joe, I've already said it. I'm not that kind of guy.
Mayor Clark: All right. OK. Very good.
Commissioner Carollo: But I'll assure you that this Commission is going to be together in doing
the right thing, not only for Overtown, but for all the City of Miami. And I've requested of the
Mayor that we hold a special meeting, if he thinks it's the route to go. It will give us the time...
ii Commissioner Plummer: No, no, no, no special meeting.
Commissioner Carollo: ... that we need to discuss this out in the open, instead of in a
Commission meeting that we're going to take time from other items and then we might be
rushing it. And none of that money is going to be touched until then. So I thank you for coming.
Mayor Clark: OK. Thank you, Arthur. Thank you very much.
----------------------------------------------------------------------------------------------------------------
12. DISCUSSION CONCERNING CITY COMMISSIONERS' SALARIES --
DIRECT CITY ATTORNEY TO PREPARE LEGISLATION FOR DRAFT
CHARTER AMENDMENT REGARDING CITY COMMISSIONERS'
SALARIES AS POSSIBLE BALLOT ISSUE FOR SEPTEMBER, OCTOBER,
OR NOVEMBER,1996.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Art, let me ask a quick question.
County Chairman Arthur Teele: Yes, sir.
Commissioner Plummer: The other day you talked with a committee. What are they proposing
for the salaries for the County Commissioners? Do you know? I heard a figure of sixty-two
thousand.
Chairman Teele: The committee is not proposing anything. I have a resolution that is advancing
that the salaries of County Commissioners of chartered counties - which is only Dade County -
should be set by the Florida legislature, in accordance with State law, which is currently done in
Broward, and Hillsborough, and other counties, and that salary is currently sixty-two thousand
dollars.
Commissioner Plummer: OK. Well, I'd like to get a referendum, Mr. Mayor, as we have tried
before - and even the so-called place down on the bay is backed - a referendum about
Commissioners' salaries. As you know, ours has not been increased since 1949, and it takes a
referendum to change it. So I'd like... I'm going to tune in further on that.
Chairman Teele: Commissioner, if I may. If the City would like to get a sense of the City of
Miami, you could pass a resolution requesting we put on a non -binding referendum, or you could
request to put on a Charter change. I would only note - this is in March - I would only note that
in March, it's a presidential primary, and the makeup of the presidential primary may not be
more liking to a salary issue. It may...
79 December 7, 1995
Mayor Clark: detract.
Commissioner Plummer: No, no, no. I'm not saying when it's to be done. I just...
Commissioner Dawkins: Well, I think the people in the City of... I'm sorry, Mr. Plummer,
Commissioner Plummer: I just think it's ridiculous. You know, none of us up here are that
poor, but I think it's really ridiculous to say that we sit here as part-time people for five thousand
dollars ($5,000) a year.
Chairman Teele: I agree.
Commissioner Plummer: When that was set -- was it in 1949? -- I paid a nickel for a newspaper.
Today, you know, it's a big difference.
Commissioner Dawkins: I got five silver bells for a penny.
Commissioner Carollo: Well, you know why this is the case, J.L.? And I think this is something
that's never been brought out, and it should. If you look at many of the major cities and small
cities around the country, in the northeast part of the States, in the midwest, out west, elected
officials - rightly so - because what we're being is penny wise and many, many dollars foolish -
the rest of the country, elected officials are paid salaries like they should be, to be able to
dedicate sufficient time to the job, and to stop other problems from happening, except in some of
the key areas of the south. The reason for that was after the war between the States, the way that
many people felt that they were going to stay in power, and throughout the years, keep African -
Americans from not being able to hold office - besides many of the other ways that we all know
about - was that if African -Americans were able to jump all those hurdles, the final one that they
were going to throw in the roadblock to stop them from holding office was that they weren't
going to be able to have a salary to live on, if they were going to hold positions that were really
full-time positions. And this is why you see such a difference in the south from the rest of the
country. And unfortunately, Miami is still a living part of those laws that were part of the old
Jim Crow laws that were instituted to keep a part of our population down and from not being
able to hold elected offices. And that's part of our history, and a wrong part of our history.
Commissioner Plummer: Well, I would hope... Joe, I would hope that the City Administration
would once again prepare some kind of a document to go, because we're the only City, I think,
in the State of Florida that has to go to a referendum to set salaries of the elected officials. And
as such, prepare something for this Commission to come back, so that we could possibly go in
September, October or November. You know, it's strange. The Miami Herald has always
supported it, but yet, it's failed.
Mr. Odio: Commissioner, I'm tempted to tell you what you always tell me. You are overpaid.
Commissioner Plummer: Yeah, I'm overpaid. Well, I just think, in all fairness...
Mayor Clark: All right. Let's...
Commissioner Plummer: ... it would not become effective until, you know, the passage of, but
take it from there. I think...
Mayor Clark: Let's move forward. Ladies and gentlemen, the hour is twelve-o-four. We're in
recess until two o'clock. We will get to your items very rapidly after that.
December 7, 1995
004
WHEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:04 P.M. AND RECONVENED AT 2:23 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
NOTE FOR THE RECORD: At this paint, Agenda item 6 was
deferred.
13. . APPOINT ELADIO ARMESTO, III TO SERVE AS MEMBER OF LATIN
L QUARTER REVIEW BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, on item number 7, Mr. Gort, Planning Advisory Board.
Vice Mayor Gort: Eladio Armesto, III, to reappoint.
Commissioner Dawkins: Move it.
Commissioner Carollo: I didn't hear it.
Vice Mayor Gort: Eladio Armesto, III, to reappoint.
Commissioner Carollo: That's your appointment, right, Commissioner?
Vice Mayor Gort: Yes, sir.
Commissioner Carollo: Good.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: Right.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-854
A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF
TIME PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, TO
SERVE A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
BYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------ -------------------- ---
14. APPOINT ELBA MORALES AS A REGULAR MEMBER OF THE ZONING
BOARD.
-------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 8.
Commissioner Plummer: I'll pass on mine.
Mayor Clark: All right.
Vice Mayor Gort: I'll reappoint Elba E. Morales.
Mayor Clark: I'll second the motion.
Commissioner Dawkins: Call the roll.
Mayor Clark: With no exception, cast a unanimous ballot.
Commissioner Dawkins: OIL.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.95-855
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA, TO
SERVE TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
82 December 7,1995
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, agenda item 9 was
deferred until the City ommission of January 25, 1996.
-------------------------------------------------------------
15. APPOINT WILLIAM HARRISON TO SERVE AS MEMBER OF THE
WATERFRONT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 10.
Commissioner Plummer: It's mine. I nominate Mr. Bill Harrison.
Mayor Clark: All right. Is there a second?
Commissioner Plummer: Bill Harrison.
Commissioner Carollo: Second.
Commissioner Plummer: Former City of Miami employee. Yeah.
Mayor Clark: If there's no exception, cast a unanimous ballot, Mr. Clerk, on number 10.
83
December 7, 1995
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-856
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
MEMBER OF THE WATERFRONT ADVISORY BOARD FOR THE REMAINDER
OF AN UNEXPIRED TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
i. Commissioner Miller J. Dawkins
�. Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------------------------------
16. APPOINT COMMISSIONER JOE CAROLLO TO SERVE AS CHAIRPERSON
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
Commissioner Dawkins: I move 10-A.
Mayor Clark: Yes.
Commissioner Plummer: Well, what name are you inserting?
Vice Mayor Gort: Second.
Mayor Clark: If there's no exception, cast a unanimous ballot.
84
December 7, 1995
v
AOL
WW
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-85'7
A RESOLUTION APPOINTING COMMISSIONER JOE CAROLLO TO SERVE AS
CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY 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 Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------
17. DISCUSSION CONCERNING THE ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY -- DEFERRED TO NEXT MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 12 -11 rather.
Commissioner Plummer: Yes.
Mayor Clark: Allapattah Business. Mr. Plummer.
Commissioner Plummer: I'm sorry, sir?
Commissioner Dawkins: Eleven, 11, J.L.
Commissioner Plummer: Mr. Mayor, there's a lot of diversity of thinking on this. There's two
separate groups. When I first put this on the agenda, there was only one group, and now, there's
two. I would ask... This is just for the edification. This is the area in reference to the redoing of
the Bobby Maduro Stadium.
Mr. Angel Gonzalez: No. No, I'm sorry, Commissioner, it's not.
- Commissioner Plummer: Well...
Mr. Cesar Odio (City Manager): Fourteen thousand dollars ($14,000)...
Commissioner Dawkins: What now?
85 December 7, 1995
�L
Commissioner Plummer: This is different?
Mr. Gonzalez: It's different.
Mr. Odio: This is to request a grant...
Commissioner Dawkins: Wait, now, wait. Hold it, hold it.
Commissioner Plummer: Wait, wait, wait. I'm confused.
Commissioner Dawkins: Hold it, wait a minute. A point of information, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Odio: They're requesting a grant of fourteen thousand dollars ($14,000).
Commissioner Dawkins: Mr. Plummer has an item on the agenda.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Mr. Plummer says what the item is. Now, the Manager is saying that
is not the item. The item you're discussing is... Now, something is wrong.
Commissioner Plummer: All right.
Mr. Odio: I didn't say that. I'm trying to refresh his memory.
Commissioner Plummer: No, it's my problem, Mr. Dawkins, and I thank you for bringing that
to the attention. In the backup material... This is in reference to a grant of money for fourteen
thousand dollars ($14,000) to allow them to proceed with the development which they're doing.
And if no one has any objection, Mr. Mayor, I will so move.
Mayor Clark: All right. Is there a second?
Commissioner Dawkins: Hold on a minute
Commissioner Carollo: Hold on. J.L., I missed out on this. I mean...
Commissioner Plummer: All right.
Commissioner Carollo: What is it that we're voting on? I don't have nothing here except, you
know, a discussion.
Commissioner Plummer: All right. If you will, bring it out.
Commissioner Dawkins: No, wait a minute. No, no, no, now.
Mayor Clark: Please.
Commissioner Plummer: All right.
Commissioner Dawkins: Pull item 11 from the agenda.
86 December 7, 1995
JIMUL
Commissioner Plummer: That's what I'm saying.
Commissioner Dawkins: OK. Pull it. What does the item say?
Commissioner Plummer: It's just a discussion item.
Commissioner Dawkins: What does it say though? I mean, you...
Commissioner Plummer: "We would like to respectfully request that you place on the December
7th City agenda a discussion item regarding the Allapattah Business Development Authority."
That's what it says.
Commissioner Dawkins: OK. The Authority only.
Commissioner Carollo: Yeah, but what are we discussing? That's what I don't understand.
Commissioner Plummer: This is a grant that they are asking for. And go ahead and make your
presentation.
Commissioner Carollo: Which grant is this? Because I understand there's a lot of grants.
Commissioner Plummer: This is a further grant for fourteen thousand, beyond the business
development.
Mr. Gonzalez: Mr. Mayor...
Mayor Clark: Let's hear from this gentleman right here. Your name, sir?
Mr. Gonzalez: Good afternoon, Mayor, Commissioners. My name is Angel Gonzalez. I'm the
Deputy Executive Director of ABDA, Allapattah Business Development Authority. What we're
requesting here is the allocation of fourteen thousand dollars ($14,000) to implement the
Commercial Code Enforcement Program, which is to help two businesses to comply with Code
Enforcement under a new program, in order for these people to be able to pull their Certificate of
Use and operate under the law.
Commissioner Plummer: It's recommended. That's what I was told.
Mr. Gonzalez: That's what it is.
Commissioner Plummer: Mr. Carollo, for your information, when I placed this - before I placed
it on the agenda - it was with the Administration's recommendation that it was a very fine thing,
and to allow them to proceed.
I Commissioner Carollo: Yeah, it might be, J.L. But the problem that I'm having is that we only
have on the agenda where it says that we are going to discuss an item. But it doesn't tell me
what we were going to discuss.
Commissioner Plummer: All right, sir. Would you like further information?
i
Commissioner Carollo: I really would on that, J.L. I would appreciate it,
Commissioner Plummer: Then we'll defer it till the next meeting.
Commissioner Carollo: Thank you.
87 December 7, 1995
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Commissioner Plummer: It's just that simple. Place it on the agenda of the next meeting.
Commissioner Carollo: Thank you, Commissioner.
Commissioner Plummer: OK.
NOTE FOR THE RECORD: At this point, agenda item 11 was
deferred until the City ommission meeting of January 25, 1996.
Mayor Clark: What else do we have?
£ Commissioner Plummer: That's it, Mr. Mayor. There's another item coming up later on in
f reference to Bobby Maduro, and that's a different item entirely, and I have a recommendation at
the time that was different prior to the time when I placed it on the agenda. OK?
Mayor Clark: All right.
---------------------'=-
-------------------------------------------------------
18. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS APPROVE 5-YEAR
LEASE / PURCHASE OF A XEROX DOCUTECH COPIER FROM XEROX
CORPORATION -- ANNUAL COST: $90,344.64, TOTALING $451,723.64 FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION /
GRAPHIC REPRODUCTIONS DIVISION.
------------------------------
-------------------------------------------
--------------------------------------
Mayor Clark: Item 12.
Commissioner Plummer: Move it.
Vice Mayor Gort: Don't take him to lunch anymore, please.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Commissioner Dawkins: Second.
f Mayor Clark: If there is no exception, cast a unanimous ballot.
88 December 7, 1995
s
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-858
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF 'THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE FIVE (5) YEAR LEASE/PURCHASE OF A XEROX DOCUTECH
COPIER, FROM XEROX CORPORATION, THE SOLE SOURCE PROVIDER, AT
AN ANNUAL COST OF $90,344.64, FOR A PROPOSED TOTAL COST OF
$451,723.64, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/GRAPHIC REPRODUCTIONS DIVISION; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/GRAPHIC REPRODUCTIONS DIVISION GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 420501-610; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE APURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
19. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
SECTION 108 LOAN GUARANTEE ($5.5 MILLION) -- TO FINANCE
DEVELOPMENT OF THE WYNWOOD FREE TRADE ZONE, A PROJECT
OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION TO BE DEVELOPED BY THE DADE FOREIGN TRADE
ZONE, INC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 13.
Commissioner Plummer: Move it. Oh, wait a minute. Wait, wait, wait. OK. Mr. Mayor,
let's... This is going to be a little bit of a long thing. As you know - I'm sure Commissioner
Dawkins knows, I'm not sure who else - this is an item which went to court, and there was a
consent decree. In that consent decree for the Free Trade Zone was to be the City applying for a
108 loan in the amount of... Was it five million or four and a half million?
89 December 7, 1995
Amok
Ask
Commissioner Plummer: I have no... I don't know who they represent.
Commissioner CArollo: I would second that motion, Commissioner. I think this is just too
important of an item to go through It quickly. I understand there are some points that the
manager and the City Attorney will touch upon, but let me assure everyone involved in this that
I've come here with no biases, with an open mind, and I just want to make sure that I understand
just what it is that we're trying to accomplish here, who the people involved are, before I vote
millions of dollars. It's a total of ten million dollars ($10000,00 upon miilli,0) in two different items.
Mayor Clark: Mr. Manager.
Mr. Odio: On item 13,1 encourage you to approve that. That's just to enter into the agreement
with HUD (Department of Housing and Urban Development) to receive the five and a half.
Vice Mayor Gort: That we already approved.
Mr. Odio: That we had... We had approved that.
Commissioner Plummer: That's 13.
Mr. Odio: That's 13.
Commissioner Plummer: I have no problem with that, Mr. Mayor.
Mayor Clark: All right.
Mr. Odio: Take one at a time.
Commissioner Plummer: Wait a minute. Mr. Manager. There's only one other problem that I
do...
Mr. Odio: Wait. Number 14 is to enter into an agreement with them, and there, you can approve
this, subject that you go and sit down, and then with the board and everybody else -and
negotiate.
Commissioner Plummer: One question, Mr. Manager.
Mr. Odio: That's what I'm...
Commissioner Plummer: As we are very much aware, there is still pending litigation.
Mr. Odio: There is pending litigation on the license.
Commissioner Plummer: OK? And that... I don't think that we should be making decisions...
Even though it has been said that the litigation is frivolous, that... Until that litigation is
complete, I don't think we should be making any allocations of funds.
Mayor Clark: Well, wait a minute.
Commissioner Plummer: If you want...
Mayor Clark: J.L., J.L., just a moment, just a moment.
r�
Aakk
Mr. Cesar Odio (City Manager)- Four and a half million.
Commissioner Plummer: Four and a half million dollars.
Mr. Odio: Wait, wait. We already gave him five and a half.
Commissioner Carollo: Well, no. You got a five point five million, and then you get another
four and a half.
Commissioner Plummer: We've already given him five and a half.
Mr. Odio: So now, he's pending four and a half.
Commissioner Plummer: Now they're asking for an additional...
Commissioner Carollo: Yeah, that's...
Commissioner Plummer: ... beyond the consent decree. Now, my major problem here, for them
to ask for anything further, Joe, I have to tell you that, in fact, I was appointed by this
Commission to serve on that board. There has not been, to my knowledge - nor my invitation - a
meeting for over a year and a half. And I have to seriously question who is making the
additional request. It was not the board, because I'm a member, and there's not even been a
meeting. Now, my suggestion to this Commission is that if you wish to proceed to apply for the
108, that's one thing. But I have to tell you that at this particular time, there has not been a
meeting of that board for over a year, and mostly likely a year and a half. And as such, to my
knowledge, there would be no authorization for anyone to proceed to ask for additional funds or
any kind else of recommendation without the board recommending it. So at this particular time,
I would recommend...
Mr. Odio: Before you do that...
Commissioner Plummer: All right, sir.
Mr. Odio: 13 and 14 are taking action on the five and a half million dollars we have already
received.
Commissioner Plummer: Right. OK? But I would...
Mr. Odio: Number 15 is the additional grant.
{ Commissioner Plummer: I would tell you at this time that no monies be given out until at least a
board meeting is held, and there has been none. So what I would ask at this particular time is
that this matter be deferred until such time that at least a board meeting has been called, that I, as
your monitor, who was appointed by the Mayor, can come back and report to this board of
what's going on. And we might finally be able to get a roll of who is the membership, we might
be able to get a roll as to who are the board members, and these are the things that this
Commission has been trying to secure for a number of years. So at this particular time, I would
j suggest to this City Commission that we defer the issue until that information is forthcoming,
and that this Commission can be so informed, and know fully what is going on.
Mayor Clark: You want to hear from these people here?
Mr. Odio: Can I... Can I...
U
December 7, 1995
t
Commissioner Plummer: Yes, Mr. Mayor.
Mr. Odio You're not giving...
Mayor Clark: On item 13, can we pass on item 13?
Commissioner Plummer: Yes, sir.
Mr. Odio: And safely, because this is an agreement with HUD.
Commissioner Plummer: Right.
Vice Mayor Gort: Move it.
{ Mr. Odio: That's your first step. It's nothing...
Mayor Clark: It's been moved and seconded.
Commissioner Plummer: OK. I have no problem.
Mayor Clark: All right. Is there any exception on item 13? Hearing none...
Commissioner Plummer: On 14...
Mayor Clark:... cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.95-859
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD), IN SUBSTANTIALLY THE ATTACHED
FORM, FOR A SECTION 108 LOAN GUARANTEE IN THE AMOUNT OF $5.5
MILLION DOLLARS TO FINANCE THE DEVELOPMENT OF THE WYNWOOD
FREE TRADE ZONE, A PROJECT OF THE WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION TO BE DEVELOPED BY DARE
FOREIGN TRADE ZONE, INC.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
92 December 7, 1995
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20, (A)AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH DADE
FOREIGN TRADE ZONE, INC, -- FOR DEVELOPMENT OF THE
WYNWOOD FREE TRADE ZONE COMPLEX UTILIZING $5.5
(MILLION SECTION 108 LOAN GUARANTEE FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
(B)AUTHORIZE MANAGER AND COMMISSIONER PLUMMER TO
NEGOTIATE AGREEMENT WITH WYNWOOD DEVELOPMENT
CORPORATION IN CONNECTION WITH PRESENT LITIGATION
AGAINST CITY -- MANAGER TO COME BACK WITH
RECOMMENDATION WITHIN 30 DAYS.
-wwYrrwrwrwr--wwwwwwrrrww--rrr-wrwwr-wrrrwrrrrwrrr-r-w--w-rrwrw--wrwrwwrwrrwrw-rrwrw--w-w-w-wwwwrrw---w-r--wwrwr
Mr. Cesar Odio (City Manager): Fourteen, you have to enter... It's authorizing myself, and if
you want to appoint - I would suggest you appoint Commissioner Plummer - to negotiate an
agreement with the Dade Foreign Trade Zone on how these... on this money.
Commissioner Plummer: All right. How does that differentiate between 14-A and 15?
Mr. Odio: Fourteen -A is to apply for an additional four and a half million dollars to complete
the ten.
Commissioner Plummer: OK. But that is not part of the consent decree.
Mr. Odio: That is part of the...
Mr. David Shear: Yes, it is. Yes, it is.
Mr. Odio: It's not a consent... It's a settlement agreement.
Commissioner Plummer: OK. OK.
Mr. Odio: Yes, it is.
Commissioner Plummer: The settlement agreement.
Mr. Odio: And in that one, Commissioner Carollo...
Commissioner Plummer: Mr. Mayor, I accept 14, that the Manager and I have to negotiate out
this number 14.
Mr. Odio: But... But...
Mayor Clark: On item 14. Is there a second?
Commissioner Dawkins: OK.
Mayor Clark: Is there a second to that?
Commissioner Dawkins: Second, under discussion.
Mayor Clark: All right. Yes, sir.
93 December 7, 1995
Commissioner Dawkins: You know, this has been drawing on and on. What is the time frame
we're going to give ourselves for the Manager and Commissioner Plummer to sit down with
them and come back with a date of operation or a date to go over it again?
Commissioner Plummer: I would hope within 60 days.
Commissioner Dawkins: No. I would... Cut it in 30 and I can vote for it.
Commissioner Plummer: OK, go to 30. What's fine.
Commissioner Dawkins: OK.
Commissioner Plummer: I£ there's not anything, then we'll...
Commissioner Dawkins: Is that agreeable with everybody else up here?
Mayor Clark: Sure.
f' Commissioner Carollo: And this is on the additional four point five (4.5), right?
Mr. Odio: No, sir. This is on the already obtained grant.
Commissioner Dawkins: No, on the 14.
Mr. Odio: And it's to enter...
Commissioner Carollo: OK. On the five point five (5.5).
Mayor Clark: Yes.
Commissioner Dawkins: Yes.
Mr. Odio: It's to enter into an agreement with them on the disbursement of the five and a half
million dollars.
Mayor Clark: All right. We have a motion...
Commissioner Plummer: Excuse me. Commissioner Dawkins, the only problem that I have
with that is the fact that there is this pending litigation. And I don't think that we want to get
involved in the pending litigation, in any way, shape or form, if, in fact, it were to go adversely.
And if you give the money and it goes adversely, where are we? Remember, in 108 loans...
Commissioner Dawkins: But I think we said we're not giving them the... We are accepting -
and Mr. Manager, correct me if I'm wrong - we are accepting the money from HUD
(Department of Housing and Urban Development) and holding it in reserve.
Mr. Odio: Until we enter...
I
Commissioner Dawkins: Once that J.L. Plummer and you meet with the Wynwood
Development Corporation...
Commissioner Plummer: Right.
Mr. Odio: Right.
94 December 7, 1995
hG„
Commissioner Dawkins:... and you come up with something which says that everything is OK -
which I hope, J.L., one of them will be... there is no litigation - and you say move forward, then
we move forward.
Mr.Odio: Right. There is none.
Commissioner Plummer: That's fine.
Commissioner Dawkins: Is that what we're saying?
Commissioner Plummer: That's fine, sir. I have no problem with that.
Commissioner Dawkins: All right. Then go ahead, Mr. Manager.
i Mr. Odio: That's what...
Mayor Clark: On item 14, we have a motion and a second. Call the roll, Mr. Clerk.
} The following resolution and motion were introduced by Commissioner Plummer, who moved
their adoption:
RESOLUTION NO.95-860
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH DADE FOREIGN TRADE ZONE, INC. ("DFTZ), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DEVELOPMENT OF THE
WYNWOOD FREE TRADE ZONE COMPLEX UTILIZING A $5.5 MILLION
SECTION 108 LOAN GUARANTEE FROM THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.
MOTION NO. 95-860.1
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND ALSO
REQUESTING COMMISSIONER J.L. PLUMMER, JR., AS THE COMMISSION'S
REPRESENTATIVE, TO NEGOTIATE AN AGREEMENT WITH WYNWOOD
DEVELOPMENT CORPORATION IN CONNECTION WITH ITS PRESENT
LITIGATION AGAINST THE CITY OF MIAMI; FURTHER DIRECTING THE
MANAGER TO COME BACK BEFORE THE COMMISSION WITHIN 30 DAYS
WITH A RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the resolution and motion were passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------------------- -- - -
21. AUTHORIZE MANAGER TO PREPARE / SUBMIT APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), ON
BEHALF OF DADE FOREIGN TRADE ZONE, INC. -- FOR SECTION 108
LOAN GUARANTEE ASSISTANCE ($4.5 MILLION) -- TO FINANCE
DEVELOPMENT OF PHASE II OF THE WYNWOOD FOREIGN TRADE
ZONE COMPLEX -- EXECUTE AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Now, 15 is...
Mayor Clark: Fourteen -A.
Mr. Cesar Odio (City Manager): Now, 14-A is to apply to HUD (Department of Housing and
Urban Development) for the additional four and a half million dollars.
Commissioner Plummer: This is the money that they failed to file in due time with the State of
Florida and they lost.
Mr. Odio: No, no, no. This is... We... They came in here asking for a loan of ten million
dollars ($10,000,000).
Commissioner Plummer: Right.
Mr. Odio: And I asked them that... I recommended that we only give them five and a half until
they could show us substantial movement in the project. And they have hired real estate
companies, they have a substantial plan in place that I have seen, and I'm satisfied. I think the
Trade Zone will move now ahead.
Commissioner Plummer: How come you have seen that, and I, as a member of the board of
directors, have never been shown that?
Mr. Odio: I.. You know, J.L.... I don't know.
Commissioner Plummer: Well, I think it's a reasonable question.
Mr. David Shear: May I respond to that, please?
96
December 7, 1995
i..
Mr. Odio. But I think... I tell you, that's wrong.
Commissioner Plummer: No.
Mayor Clark: Well, let's hear...
Commissioner Dawkins: Wait, wait till we finish, please.
Commissioner Plummer: I just... I just don't understand that the board of directors, who,
supposedly, is in charge of this scenario has not been informed.
Mayor Clark: Well, let's hear from him now.
Commissioner Carollo: If that is the case, J.L., then there's some major problems there.
Commissioner Plummer: I agree, Joe.
Commissioner Carollo: Major, major problems.
Mayor Clark: All right. Let's hear from these people for a moment. Let's don't keep battering
if around.
Commissioner Dawkins: But before I hear from him, one... Please, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mr. Manager, am I to understand that 14-A is the application to ask the
Federal Government to give us the loan of the four point five million dollars ($4.5 million)?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Is that what it is? Now, knowing the climate, my fellow
Commissioners, in Washington, I would advise that we instruct the Manager to prepare the
application, send it in, and when the money comes back, we can send it back, rather than wait
until we decidethat we want the money, then we fill out the application, and the money isn't
there.
Commissioner Plummer: I have no problem with that.
Commissioner Dawkins: OIC
Mr. Odio: Yes, because...
Commissioner Plummer: But at least it's understood that when we receive the money that we
will not disburse it until all the ducks are in a row.
Mr. Odio: J.L., Commissioner, you have to do exactly what you just did with the five and a half,
with the four and a half. You have to then enter into an agreement with them. So...
Vice Mayor Gort: Right.
Commissioner Carollo: Madam City Attorney.
Ms. Linda Kearson (Assistant City Attorney): Yes, sir.
97 December 7, 1995
Commissioner Carollo: If we do as the Manager and as Commissioner Dawkins has suggested,
do we expose ourselves to any liabilities, any potential litigation in court later on, if we vote not
to give this loan out?
Ms. Kearson: No, sir. We'll make it perfectly clear to the developers that we are applying for it,
and in the event we're unable to come to an agreement with them, the money will not be
disbursed. We will not be liable for that. And I just want...
Commissioner Plummer: WPII, excuse me.
Ms. Kearson: I just want to state for the record, as well, the litigation that has been referenced
here does not pertain to the City of Miami. In the event... In the event the worst case scenario
occurs, in that the license is revoked, we get the property back. So we are still protected.
Commissioner Carollo: OK. Thank you very much.
Commissioner Plummer: Well, Joe, wait a minute. Hold on. There's one thing that she's not
said, and that is that if you give this grant of money to them, and they fail in a 108, the City of
Miami is liable for every dollar.
Commissioner Carollo: We're liable for it, sure.
Commissioner Plummer: OK?
Mayor Clark: We're not giving it away, now.
Commissioner Plummer: So let me understand. They're going to have to produce that they have
collaterals, that if they do fail, that they're going to be able to keep the taxpayers of this City
from having to pick up, if they fail. So that's one of the provisions that they're going to have to
do.
Mayor Clark: Before we vote on...
Commissioner Plummer: There is a liability if you produce and distribute the money.
Mr. Odio: We have first mortgage, and we keep all those buildings.
Ms. Kearson: Yes.
Mr. Odio: We get an improved property with the buildings on it. And I believe that wouldn't be
a bad deal.
Commissioner Plummer: Well, we'll talk about it. It's sure negotiable.
Mayor Clark: Do we need information from these fine gentlemen?
Commissioner Plummer: Sir, I don't need any information at this time, until such time as we
actually get the grant.
Mayor Clark: Just a moment. Yes, Mr. Sondak.
Mr. Robert Sondak: There is one other item, number 15, which...
98 December 7, 1995
Mayor Clark. Well, let's get by this first.
Mr. Sondak: OTC.
Mayor Clark: Let's get by this one first. Fourteen -A.
Commissioner Plummer: To submit the application, I move 14-A.
Commissioner Dawkins: Eighteen -A... Fourteen -A, I second, Mr. Mayor.
Commissioner Plummer: Right.
Mayor Clark: Any discussion on that? Call the roll, Mr. Clerk.
g
The following resolution was introduced by Commissioner Plummer, who moved its adoption: :
RESOLUTION NO.95-861
I: A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO PREPARE AND SUBMIT AN APPLICATION TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), ON BEHALF
OF DADE FOREIGN TRADE ZONE, INC., (DFTZ) FOR SECTION 108 LOAN
GUARANTEE ASSISTANCE IN AN AMOUNT NOT TO EXCEED $4.5 MILLION
("SECTION 108 LOAN"), FOR THE PURPOSE OF FINANCING THE
DEVELOPMENT OF PHASE II OF THE WYNWOOD FOREIGN TRADE ZONE
COMPLEX; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY
TO PREPARE THE NECESSARY DOCUMENTATION PROCESS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DFTZ SETTING FORTH THE
TERMS AND CONDITIONS UPON WHICH DFTZ WILL BE PERMITTED TO
RECEIVE THE SECTION 108 LOAN GUARANTEE ASSISTANCE.
(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 Joe Carollo
I Commissioner Miller J. Dawkins
NAYS:
ABSENT:
i
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
99
December 7, 1995
w YYYwwiiww.Yw..-YYiwYYYYYwYwwwiwwYYYwiiiYY-wYwYiY-YYYYYYYwYwwwwYwYwwYYwYw-.YY.Y-Y--ww-w.Ywww-Y..YYYYwi...
22. - iFIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: "WYNWOOD FREE TRADE ZONE SECTION 108" -i APPROPRIATE
$5,5Q0,000 (CDBG), AS APPROVED BY U.S. DEPARTMENT OF MOUSING
AND URBAN DEVELOPMENT (HUD).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 15.
Commissioner Plummer: And I'll move... I'll make it easy for you. I'll move 15, but none of
the money is to be disbursed...
Mr. Cesar Odio (City Manager): No.
! Commissioner Plummer:... whatsoever until an agreement.
Mr. Odio: This is just to place an account.
Commissioner Plummer: Establish a new revenue.
Mr. Odio: This is to create the account.
Commissioner Carollo: Second.
Commissioner Plummer: It just an account, that's all, to put the money in.
Mr. Odio: And you need to read it again, anyway. This is first reading.
Commissioner Plummer: To put the money in.
Mayor Clark: You want conversation now?
Unidentified Speaker: No.
Mayor Clark: All right. No further discussion. Call the roll, Mr. Clerk.
Ms. Kearson: We need to read the ordinance.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance into the record by title only.
Mayor Clark: Oh, I'm sorry. All right. Motion and a second.
Commissioner Plummer: Hold on. Mr. Waters has something he wanted to add.
Mr. Elbert Waters: Mr. Mayor, there needs to be clarification for the record on item number 15.
It pertains to where the five point five million dollars ($5.5 million) are to be allocated from.
There is a scrivener's error in your package, and I just need to make a correction for the record.
100 December 7, 1995
It should read the recommendation is that the City Commission approve the attached ordinance
appropriating five point five million dollars ($.5.5 million) from the USHUD (United States
Department of housing and Urban Development) Section 108 Federal Lean Program, and
further establishing the special revenue account.
Commissioner Plummer: But there is no disbursement.
Mr. Waters: No, there is no disbursement, but I had... Originally, in your package, it came as
having those dollars to come from our 21st year Community Development Block Grant Program.
I'm stating that for the correction.
Vice Mayor Gort: Right. That's why I was confused.
Mr. Waters: Yes.
Mayor Clark: Madam Attorney, with that correction, scrivener's error...
Ms. Kearson: That's correct, sir.
Mayor Clark: All right, fine.
Ms. Kearson: It should read "Section 108 loan" as opposed to... That's correct.
Mayor Clark: OK. Call the roll, Mr....
Commissioner Plummer: OK. And Mr. Mayor, if I may?
Mayor Clark: Come on, Plummer.
Commissioner Plummer: OK.
j Mayor Clark: Go ahead.
Commissioner Plummer: The only thing... I want to make sure. Commissioner Dawkins has
asked that I come back in January with a report, that they must come and call a meeting within
I 15 days of that date, or it will be put off till February. And remember, we're over the holidays. I
don't want them to call a date, you know...
Mr. Odio: Mr. Mayor, by the way, we can get away with one meeting in January, if you so
choose.
Commissioner Dawkins: No, we cannot. I'm not in favor... No more one meetings.
Commissioner Plummer: Chicken.
Mr. Odio: No more one meetings.
Commissioner Dawkins: No, sir. Me, personally. Now, I don't know about the rest of them.
Mr. Odio: OK.
k Commissioner Plummer: We'll miss you.
Commissioner Dawkins: OK. Well, I... That's right. And the people who voted for me will be
happy. I mean, we got... We work... The Charter says you have the first - the second Thursday
101 December 7, 1995
�rq
in every month, you have a regular Commission meeting, and the second Thursday of every
month, you have a Zoning meeting. 'That's the Charter.
Commissioner Plummer: No, sir, that's not what...
Commissioner Dawkins: Now, if you all are going to change the Charter, change it.
Commissioner Plummer: That's not what the Charter says.
Commissioner Dawkins: What does it say?
Commissioner Plummer: The Charter says you shall have two meetings a month, the second and
fourth. It doesn't say one is regular, one is Zoning. It doesn't make any preference.
Commissioner Dawkins: But it does say you have two meetings, one on the second and one on
the fourth. Is that what it says, Mr. Plummer?
Commissioner Plummer: More or less.
Commissioner Dawkins: OK. Thank you. I'll take the less.
Mayor Clark: I have never requested to change the date. Have you ever requested to change the
date of the meeting?
Commissioner Dawkins: Yeah, but I haven't been doing it every... month, after month, every
month, every month. I don't do that.
Commissioner Plummer: Let's talk about it.
Mayor Clark: I'm here every day. I'm here every day.
{
f Commissioner Plummer: Let's talk about it.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Let's talk about it. It's the Christmas spirit, Scrooge.
Vice Mayor Gott: Sixteen.
Mayor Clark: On the motion.
Commissioner Dawkins: Which is the motion?
Mayor Clark: It's been read into the record.
Mr. Walter Foeman (City Clerk): It's on item 15.
Vice Mayor Gott: Establishing the account.
Commissioner Dawkins: OK. OK.
i
Vice Mayor Gott: Move it.
Mayor Clark: Call the roll.
102
December 7, 1995
LA
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "WYNWOOD FREE TRADE ZONE SECTION 108," AND
APPROPRIATING $5,500,000 FOR THE OPERATION OF SAME, AS RECEIVED
FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD"), SECTION 108 LOAN GUARANTEE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
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.
1 Mr. Sondak: Thank you.
--------------------------------------------------------------------------------------------------------------
;3. DISCUSS AND DEFER CONSIDERATION OF:
(A) PROPOSED RESOLUTION TO AUTHORIZE MANAGER TO
EXECUTE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FOR SECTION 108 LOAN
GUARANTEE ($2.7 MILLION) TO ASSIST IN FINANCING THE
EXPANSION OF THE EDISON PLAZA SHOPPING CENTER, A
PROJECT OF THE TACOLCY ECONOMIC DEVELOPMENT
CORPORATION, ACCEPTING $670,000 ECONOMIC
DEVELOPMENT INITIATIVE GRANT, TO BE USED WITH
SECTION 108 LOAN GUARANTEE.
(B) PROPOSED FIRST READING ORDINANCE TO ESTABLISH TWO
SPECIAL REVENUE FUNDS: (1) EDISON PLAZA HUD, SECTION
108 (APPROPRIATING $2,700,000), AND (2) EDISON PLAZA
ECONOMIC DEVELOPMENT INITIATIVE GRANT ($670,000), AS
APPROVED BY U.S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT (HUD) -- TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) APPROPRIATION: $3,370,000.
Mayor Clark: Item number 16.
Mr. Elbert Waters: Item number 16, Mr. Mayor and members of the Commission, the
administration is recommending that... that the Manager be instructed to enter into an agreement
with, the U.S. Department of Housing and Urban Development for a Section 108 loan
103 December 7,1995
guaranteeing an amount of two point seven million dollars ($2.7 million) to help finance the
Edison Plaza Expansion Project of the Tacolcy Economic Development Corporation, which is
located in the Model Cities area. Further, the Administration is requesting that the Commission
authorize the Manager to accept an Economic Development Initiative - EDI grant - in the
amount of six hundred seventy thousand (670,000) for the same project, to be used with the
Section 108 loan.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I move that this be deferred.
Commissioner Plummer: I knew it.
Commissioner Dawkins: I have asked the Manager three or four times to bring me an overall
plan on what we are doing on 62nd Street. We continue to spend money on 62nd Street, and the
Tacolcy Youth Center or - whatever it is - is falling apart. But you, the Department - I mean the
Administration continues to bring me everything but to put something out there for the people
in the community. So I would like to have a... Defer this, meet with the people in the
community, and have the people in the community understand what we are doing, and what it is.
And that's all I would like.
Mayor Clark: But you're move... But your motion is to defer.
Commissioner Dawkins: Yes, sir.
Mayor Clark: For how long?
Commissioner Dawkins: For one... till the next meeting. I mean, I don't have anything...
Mayor Clark: Can you accomplish that by the next meeting?
Mr. Cesar Odio (City Manager): Sure. But this has nothing to do with the item that it was...
about a hundred thousand...
Commissioner Dawkins: It does have something to do with 62nd Street, Mr. Manager.
Mr. Odio: When you brought that up, Commissioner, it was on an item of a hundred thousand
dollars ($100,000) that we were going to give Tacolcy.
Commissioner Plummer: That's right.
Commissioner Dawkins: It was still for Tacolcy, in the area. Am I right, Mr. Manager?
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK. No problem.
Commissioner Carollo: Mr. Manager, I second that motion. And why don't you sit with the
Commissioner and see if this could be resolved for the next meeting.
Mayor Clark: Cast a unanimous ballot.
104 December 7, 1995
1 f3 t
Commissioner Carollo: I don't think it's going to make any difference if we wait another three
weeks or so.
Mr. Waters: OK.
Mayor Clark: Cast a unanimous ballot.
Mr. Anthony Rolle: That's fine. You know, we don't have a problem with that.
Vice Mayor Gort: Name and address.
Mr. Rolle: However, we've had some residents from the community...
Commissioner Carollo: Yes, sir.
` Mr. Rolle: They've been here all day.
Commissioner Carollo: Sure.
Mr. Rolle: We'd like to have them heard, you know, in support of or against, to not
inconvenience them.
Mayor Clark: You'd like to have those... You'd like to have those persons testify before we
make a decision on it, because it may not pass one way or another. You understand? Now, if
they come up now and they don't have a chance to speak when the motion is before us -
officially, it's in a deferred status at the present time - they may not receive the proper
information.
Mr. Rolle: OK.
Mayor Clark: So I think it's in their best interest for them to come back.
Mr. Rolle: So it's deferred?
Vice Mayor Gort: I understand this is going to be back on the 11th, Commissioner?
Commissioner Carollo: Back on the I1th.
Mayor Clark: Eleventh of January.
Mr. Rolle: OK.
Mr. Odio: From Winn -Dixie, if they're willing to wait, because they're talking about
something...
Mr. Rolle: That's their deadline. I'm sorry. That's their deadline, January 11, 1996.
Commissioner Dawkins: You know, Winn -Dixie...
Mr. Rolle: I sent that to... in the package. If you look at their letter of interest, they gave us a
January 11th date. They want to...
Commissioner Carollo: So if we approve it on the 11th, then you're meeting the deadline, right?
105 December 7,1995
Mr. Rolle: I think they want to take it to their... the overall corporate agenda. That's why we met
with them on Monday, because we told them we was having this meeting today.
Mayor Clark: It's been deferred until the 11th of January. I'm sure you can work that out with
Winn -Dixie. They're the low price people in town anyway. They're not going to leave town.
Commissioner Carollo: Is Armando Codinas still on the board there, Mr. Manager, your friend?
Mr.Odio: Yes.
Commissioner Carollo: If need be, I'm sure the Manager could speak to him, and I think he's on
the Board of Directors of Winn -Dixie.
Mr. Rolle: So the Manager will come...
Commissioner Carollo: No. I'm saying that he knows one of the members of the Board of
Directors of Winn -Dixie.
Mr. Rolle: OK. OK.
Commissioner Carollo: And if you have any problems, I'm sure he could help you with that.
Mr. Rolle: OK.
Commissioner Dawkins: Now, I am not calling the meeting. The Manager has to call a meeting
with the people in the community. That's not my job. But if he calls the meeting, I will be
there.
Mayor Clark: All right. You got that, Mr. Manager? OK? All right. We will move forward.
That item is in a deferred status.
Mr. Rolle: OK.
Commissioner Dawkins: Sixteen and 17 are deferred.
Mayor Clark: Yes. Yes, sir.
Mr. Rolle: Mayor Clark.
Mayor Clark: Yes, sir.
Mr. Rolle: One of the gentlemen that was here all day, we've heard your suggestion that we wait
until the item comes up.
Mayor Clark: It's in his best interest.
Mr. Rolle: However, he's not going to be here. He's going to be out of town. So if we could,
we'd like to...
Mr. Lorenzo Simmons: Because this development impacts...
Mayor Clark: Well, we start...
Mr. Rolle: His development is directly impacted.
106 December 7, 1995
Mayor Clark: It doesn't make... It doesn't make part of the hearing after that, so it doesn't...
W at he says now is not going to be part of that hearing.
Commissioner Plummer: He can only speak to the deferment, which is the motion on the floor.
Mr. Rolle: OK.
Mr. Ronald Rasool Malik: Could I speak to the deferment, please?
Mayor Clark: It's been passed already, but you can speak to it, if you want to.
Commissioner Dawkins: No, wait. No, nobody speaks. I mean... No, nobody...
Mayor Clark: It's in a deferred status, sir. It's in a deferred status. Let's not try to change the
protocol here, now.
(.. Commissioner Dawkins: It'll comeback in the next meeting.
Mr. Malik: I understand what you said, sir, but I'm not going to be in town at that time.
Commissioner Plummer: Send us a letter.
Mr. Malik: And all I just want to do is just be heard, because the property that they are trying to
acquire is my property, and the properties that... The HUD (Department of Housing and Urban
Development) Program that you granted this morning, the Urban League on 67th Street is right -
my property is right in front of theirs. So what I'm saying is that if we could create jobs by
putting a bigger Winn -Dixie right there where my property is, and I could move further down the
street where the HUD Project is, where they're going to put single-family homes at, then we
would... We're trying to create a shopping district there so that the people who have the homes
that's in the back of there, they would have the opportunity to buy those homes.
Mayor Clark: Very good.
Mr. Malik: So what we're trying to do is create economic...
Mayor Clark:... opportunity.
Mr. Malik:... economic development in that area.
Mayor Clark: All right, sir.
Mr. Malik: Which the City of Miami hasn't helped that very much with Liberty City. Liberty,
City is a dying City. And I believe that most of you all know that it's a dying City. So we're
looking for some support from all of you all to help. You know what I mean? So I don't know
what... about what Tacolcy did. I know what they are doing. I know they have developed the
area, they have built residences, and now... and helped in the economic development of the
community. And what they're trying to do now is expand that Winn -Dixie that's in the area.
The only store that's in the Liberty City area that is providing food service for the area, they're
trying to expand upon that. Now, I don't know whether or not you're trying to hinder that - you
know what I mean? - but if the Winn -Dixie don't come in that area, that means that we got to go
out. And we got all kind of old people that can't hardly get around now, from the elderly homes
that's around there. Now, if we ain't going to create no development in that area, then we're
going to have real problems in that area. And what we're trying to do is that - at least Tacolcy
107 December 7, 1995
53 a� �
1.
4
and other people, businesspeople in that area - trying to do is take the initiative upon their selves
to make something happen. Now, we need your help.
Mayor Clark: All right, Give us till January the 11th.
Mr. Malik: All right.
Commissioner Dawkins: OK. Let's hear from...
Vice Mayor Gort: My understanding is there's going to be a public hearing, sir?
Mr. Waters: Yes, sir.
Vice Mayor Gort: My understandings is there's going to be a public hearing, so I want to make
t sure you have everybody in your public hearing. That should be done.
l
Mr. Malik: We had the public hearing.
Mr. Rolle: We've had two of them.
Vice Mayor Gort: My understanding is they're requesting another one, and the Manager is
going to be doing it.
Mayor Clark: Yes, sir.
Mr. J.A. Alex: Yes, sir. What I was interested in initiating in connection with the deferral of
this proposal is that the community down there in Liberty City on 7th Avenue in the Edison
Merchant District, that community has not had a chance to hear all of the discussions, pro and
con, about this project. They have not had a chance to talk about what's being done to their
community, and have input. We need... I've talked to 1.5 people in the last 24 hours, right on
7th Avenue, who own businesses. None of them have even heard about this project. I'm talking
about the prominent business owners. And we need a hearing down in that community where
those people will get a chance to come and hear the people explain what's happening, and have
some input.
Mayor Clark: Sir, I suggest...
Mr. Alex: Too often, large sums of money are being spent in that community, but it's not really
doing any good, and we don't even know what the master plan is for what is going to be done on
that whole 7th Avenue corridor, so that we can see how it's going to fit into the overall picture.
And I think it's not right for them to come and say, well, do this, but don't give the community a
chance to have some input as to what's being done, and I think something... We should, you
know, more or less, just like you said, defer it until we can hear more.
Mayor Clark: All right. Thank you, sir.
Mr. Waters: Could I just respond briefly?
Mayor Clark: Let's don't beat this thing to death, now.
Mr. Waters: We're going to defer it, but just to respond to him, we've had two public hearings.
They were announced publicly on the radio and in the newspapers. One was held at the
Entrepreneurial Education Center. That's a requirement before we could even apply for the 108
loan. So, you, know...
108
December 7, 1995
Commissioner Carollo: I don't think there will be any harm in having a third one. I think when
you come back in January, you'll be pleased.
Mr. Rolle: OK. Thank you.
Mayor Clark: A deferred status.
Mr. Manuel Gonzalez-Goenaga: Well, Mr. Mayor, unfortunately, I won't be able to be here on
January.
(APPLAUSE)
Mr. Gonzalez-Goenaga: But I am going to put something in the record.
(LAUGHTER)
Mr. Gonzalez-Goenaga: You see, I have to go to Puerto Rico to organize there Citizens United
Against Police Brutality, because of the "tonyo bicicleta" issue.
Mayor Clark: All right, now, please, now. You...
Mr. Gonzalez-Goenaga: But here, think slowly, but act quickly.
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: Thank you.
I;
,f
I .
;91-71iiww
0
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER CAROLLO, ITEMS AND 17 16 WERE
DEFERRED BY THE FOLLOWING VOTE:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
-
Mayor Stephen P. Clark
NAYS:
None.
ABSENT:
None.
-------- --------------------------------------------------------------------------------------------
------------
' 24. (A)
WAIVE PROHIBITION CONTAINED IN COE 83-53, FLORIDA
COMMISSION OF ETHICS, AS IT APPLIES TO ANGEL
GONZALEZ (WHO SERVES ON CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD) IN RELATION TO HIS
EMPLOYMENT WITH THE ECONOMIC DEVELOPMENT
AGENCY ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, WHICH RECEIVES COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS. (See label 67)
(B)
COMMISSIONER CAROLLO REQUESTS ADMINISTRATION TO
INFORM HIM AMOUNT OF MONEY ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, AS WELL AS OTHER SUCH
AGENCIES, HAVE RECEIVED, TOGETHER WITH (a) LIST OF
THEIR DIRECTORS, (b) NUMBER OF CITY RESIDENTS
CONCERNED, AND (c) NUMBER OF REGISTERED VOTERS
CONCERNED.
--------------------------------------------------------------------------------------------------------
Commissioner Plummer: We're up to 21.
Mr. Elbert Waters: Sixteen and 17 are companions.
Mayor Clark:
Please, let's be quiet.
Commissioner Plummer: I move 21.
Vice Mayor Gort: Second.
Commissioner Carollo: Commissioners...
Mayor Clark: Yes, sir.
Commissioner Carollo: who is... Let's see. The person involved here is...
Commissioner Plummer: He was just here, Mr. Carollo.
110
December 7, 1995
Commissioner Carollo: OK. Who is that?
Commissioner Plummer: Angel, where is he?
Commissioner Carollo: OK. It's this gentleman here?
Commissioner Plummer: Here he is.
Commissioner Carollo: OK. Now, what is your home address, where you live at, sir?
Mr. Angel Gonzalez: 3280 West Flagler Street.
Commissioner Carollo: 3280 West Flagler Street. Is that in the City of Miami?
Mr. Gonzalez: Pardon me?
Commissioner Carollo: Is that in Allapattah?
Mr. Gonzalez: No. That's in the City of Miami.
Commissioner Carollo: Right. But it's not Allapattah, right?
Mr. Gonzalez: No, it's not Allapattah.
Commissioner Carollo: OK. And this is your home address, not business.
Mr. Gonzalez: My home address.
Commissioner Carollo: OK.
Mayor Clark: Need further information?
Commissioner Carollo: I'm just making sure that I understand what the conflict is. Anything
else you would like to say on this, sir?
Mr. Gonzalez: No. I just... The only thing I would like to say is that I would like... I'd like to
serve the City of Miami and the... on the Citywide, and, you know, provide my services on a
volunteer basis. We don't get paid in this committee, or, you know, on any of its committees.
We do it on a volunteer basis, and it's an honor for me to be able to serve my City, the City
where I live in.
Commissioner Carollo: Yeah, but the problem is not with us. The problem is with the State of
Florida Commission of Ethics. It says it's a conflict of interest.
Mr. Gonzalez: That's why we are... That's why the four -fifths vote was requested.
Commissioner Carollo: Right.
Mr. Gonzalez: Because the waiver could be issued. It's been issued before in other cases.
Commissioner Carollo: I understand one board, the one you're serving in is a volunteer board,
but let me ask you a question. The one that's not a volunteer board, the one you're getting paid
for...
111 December 7, 1995
Aim
Mr. Gonzalez: I'm not...
Commissioner Carollo:... what is your position there, and how much do you get paid?
Mr. Gonzalez: Where?
Commissioner Carollo: In the board that you're getting paid, or in the job that...
Mr. Gonzalez: No, I don't belong to any board that I get paid.
Commissioner Carollo: Well, I'm saying as to his employment with the Economic Development
Agency.
Mr. Gonzalez: Oh, with the Allapattah Business Development Authority.
Commissioner Carollo: What is your position there, and how much do you get paid?
C:
Mr. Gonzalez: I get paid thirty-two thousand dollars ($32,000) a year.
Commissioner Carollo: Thirty-two thousand.
Mr. Gonzalez: I'm the Deputy Executive Director.
Commissioner Carollo: Deputy Executive Director. And what does that involve, exactly?
Mr. Gonzalez: Community development, housing, facade treatment programs, technical
assistance to area businesses.
Commissioner Carollo: And how long have you been in that position?
Mr. Gonzalez: Four years.
Commissioner Carollo: Four years. And previous to that, what were you doing?
Mr. Gonzalez: Previous to that, I was in business by myself.
Commissioner Carollo: OK. And how long have you lived in the City of Miami, or been a
resident?
Mr. Gonzalez: The City of Miami since 1960.
Commissioner Carollo: 1960. And again, you do live outside of the Allapattah area. You do
not live there.
Mr. Gonzalez: Yes, sir.
Commissioner Carollo: You live on Flagler.
Mayor Clark: Who made the motion?
Mr. Manuel Gonzalez-Goenaga: No, it's a public hearing.
Vice Mayor Gort: Whoever made the motion, I second it.
Mr. Walter Foeman (City Clerk): Who made the motion?
Mayor Clark: I don't know who made the motion.
Commissioner Carollo: I didn't make it. I didn't second it.
Mr. Foeman: Commissioner Plummer.
Commissioner Plummer: I made the motion.
Vice Mayor Gort: I seconded.
Mayor Clark: All right. Call the roll, then.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-862
A RESOLUTION WAIVING BY 4l5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
THE PROHIBITION CONTAINED IN COE 83-53, OF THE COMMISSION OF
ETHICS OF THE STATE OF FLORIDA, AS SUCH PROHIBITION APPLIES TO
ANGEL GONZALEZ, WHO SERVES ON THE CITY'S CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD, IN RELATION TO HIS EMPLOYMENT
WITH THE ECONOMIC DEVELOPMENT AGENCY ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, WHICH RECEIVES COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AND HIS ROLE AS A MEMBER OF
THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
RESPONSIBLE FOR ADVISING THE CITY REGARDING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
l' Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
ABSENT:
None.
Mr. Gonzalez-Goenaga: Excuse me. May I address? This is a public hearing, Your Honor.
113 December 7, 1995
Mayor Clark: Well, go ahead. What's...
Mr. Gonzalez-Goenaga: No, no. book. I am the new "Boom -Boom," so you...
Mayor Clark: I know you are.
Commissioner Plummer: Uh-oh.
Vice Mayor Gort: So you have to realize that. And after Christmas...
Commissioner Plummer: I was just getting used to the old "Boom -Boom."
Mr. Gonzalez-Goenaga: No, no, no. The thing is that I... In the polls, I did very lousy.
Mayor Clark: Yeah, OK.
Mr. Gonzalez-Goenaga: But I have two technical knockouts of Cesar. And wait until I come
# back from Puerto Rico. Then, I am on the horse. The issue is that we have to protect. And I...
The Code of Ethics of the State of Florida is lenient enough that we go after making waivers.
The Code of Ethics - and I have had the experience before - is very lenient. So... And we have
to break down the "casiquismos" that we have had for such a long time. And I am not a resident
of Allapattah, but I would like to have the public statements from many people from Allapattah,
like Mr. Mariano Cruz, his brother, Ruben Cruz, you see. And so... Because this is a City for
everybody. And especially since he doesn't live in Allapattah, and still, he get a thirty-two
thousand dollar ($32,000) job. Let me tell you, the best way - the best way to create jobs in
Miami is to lower the salaries of this bureaucracy and get new people. Thank you very much.
Mayor Clark: Thank you very much.
Commissioner Carollo: Mr. Manager, if I may. I need to ask you something on the record. And
as you know, I don't try to take up our time with questions like this, and I try to do things the
right way before they come up here, so we can move quickly. But this one, I don't want to have
any misunderstanding on. I would like for you to get for me the name of this... It's the
Allapattah Business Development Authority. I want to find out how much monies, whether it's
millions, or the amounts there that this agency has gotten, or any of the other agencies involved
in this web over there in Allapattah. I'd like to get a list of all the directors, who they are. I
would like to know how many of them live in the City, how many are voters in the City, or that
claim that live in the City and are voters in the City. I would like to see what the City of Miami
has done throughout the years, whether it's directly with this agency or other ones that are
attached to it - and you know what I'm talking about - what has been done to make sure that the
monies that the City has given have been spent according to the law, and accurate. And we're
going to start with that. If you could get that to me as soon as possible, I would appreciate it.
Mayor Clark: All right. Thank you.
114 December 7, 1995
---------------r... 1..-----.-----------------------------
25. (A) RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- ACCEPT INFORMAL BID:
BELLSOUTH BUSINESS SYSTEMS, INC. -- FOR PROVISION OF
ENHANCEMENTS TO THE NORTHERN TELECOM MERIDIAN
PBX (LOCATED AT THE RIVERSIDE CENTER), INCLUDING
DIGITAL CIRCUIT CARDS, CSU UNITS, PROCESSOR AND
SOFTWARE UPGRADES, TELEPHONES, OTHER COMPONENTS,
RELATED INSTALLATION / CONFIGURATION / TRAINING
SERVICES -- ALLOCATE $400,000 -- EXECUTE NECESSARY
DOCUMENTS.
(B) COMMISSIONER DAWKINS REQUESTS ADMINISTRATION TO
PROVIDE CITY COMMISSION WITH TOTAL BREAKDOWN OF
I. MONIES EXPENDED IN CONNECTION WITH ACQUIRING /
RETROFITTING / MOVING INTO THE RIVERSIDE PLAZA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item 22, emergency situation, requirements for competitive sealed bids,
the informal bid for the BellSouth Business Systems. Is there a motion on this item? Is there a
motion?
Commissioner Carollo: This is on...
Mayor Clark: Item 22.
Mr. Cesar Odio (City Manager): This is on the new building. We had to...
Commissioner Carollo: Cesar, you're sure that this is the only way to go with this?
Mr. Odio: Yes, sir.
Commissioner Carollo: That it's the only source?
j Mr. Odio: Yes, sir. We have... The only...
Commissioner Carollo: OK. All right. I move it.
Ms. Judy Carter: This is a supplement.
Mr. Odio: Let her put it on the record. I...
Mayor Clark: It's been moved.
Ms. Carter: Sir, we're supplementing the existing phones that we did purchase through the
procurement of FPL (Florida Power and Light). So... And as well as the systems that we do
now have are not compatible with the circuit board that's already in place at FPL.
Mr. Odio: They left quite a few of equipment behind, which is very expensive.
Mayor Clark: Is there a second?
115
December 7, 1995
r
Mayor Clark: Mr. Dawkins, you have the floor.
Commissioner Dawkins: Mr. Manager, this four hundred thousand dollars ($400,000) adds what
to the purchase price of the building? We were supposed to purchase the building and all, and be
finished with ten million dollars ($10,000,000).
Mr. Odio: Ten million? The building?
Commissioner Dawkins: Yes.
Mr.Odio: I thought we paid fifteen million six hundred thousand, Commissioner. Fifteen
million six hundred thousand, sir.
j Mayor Clark: Fifteen -six.
( Commissioner Dawkins: OK.
included in the fifteen -six?
Mr. Odio: No, sir, it is not.
For fifteen -six, what does... Is this four hundred thousand
Commissioner Dawkins: So therefore, that's... So now, the fifteen -six for the building is up to
sixteen million. Right?
Mr. Odio: No, sir. The fifteen -six, when we're through, in refurbishing furniture and other
items, will be up to about...
Vice Mayor Gort: Seventeen -six.
Mr. Odio: ... seventeen something. I had...
Commissioner Dawkins: Seventeen million?
Mr. Odio: Seventeen or eighteen million.
Commissioner Dawkins: OK.
Commissioner Plummer: Yeah. Remember, I pinned him...
Commissioner Dawkins: OK. Eighteen, seventeen.
Mr. Odio: No, let me... I had...
Commissioner Dawkins: No. OK. All I'm trying to get is a... As we go along, when we move
into the building, I want to know what was the total cost of acquiring, retrofitting, and moving
into the building. That's all I'm looking for.
Mr. Odio: Yes. We have all of that, and I want you to... Mr. Surana did an analysis. First of
all, the telephones won't cost anything. We will... This will be washed out.
Commissioner Dawkins: But I'm paying four hundred thousand dollars ($400,000) now, in
116 December 7, 1995
f
r4
W
Mr. Odio: Now, yes, you are. But eventually, it will be wiped...
Commissioner Dawkins: OK? Whether you wash it out or dry it out.
Mr. Odio:- OK.
Commissioner Dawkins: OK?
Mr. Odio: Well, excuse... You are asking me the total cost after the move will be about two
point three million dollars ($2.3 million) added to the fifteen -six.
Commissioner Plummer: Well, that's three hundred more than we agreed to.
Mr. Odio: And that is the move, the...
Commissioner Dawkins: Three hundred thousand more than we agreed to pay for the building?
Commissioner Plummer: We had an understanding from the Manager that the total move cost
would be approximately two - not exceed two million.
Commissioner Dawkins: Mr. Manager, Mr. J.L. Plummer, when we sat here and discussed this,
I distinctly asked numerous of times, "What is the total cost of the building?"
Commissioner Plummer: Fifteen -six.
Commissioner Dawkins: All right? That is not the total cost of the building, because you're
adding in the retrofitting and all. I mean, see... Maybe I... Maybe I'm not following what I'm
asking myself. OK?
Mr. Odio: You are absolutely right. We had to retrofit what we bought.
Commissioner Dawkins: That's right. So...
Commissioner Plummer: That was understood.
Commissioner Dawkins: So the total cost of the building is not ten million dollars.
Mr. Odio: No, it's not.
Commissioner Dawkins: OK?
Commissioner Plummer: Never was.
Commissioner Dawkins: So... But as we get to the bottom end of this, I just want to be able to
put in the record someday that the acquiring, retrofitting, and moving into this building is "X"
dollars. That's all.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK. That's all.
Mayor Clark: Item 22 has been moved and seconded. Call the roll, Mr. Clerk.
117 December 7, 1995
W
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.95-863
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
THAT AN EMERGENCY SITUATION EXISTS, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND ACCEPTING THE INFORMAL BID
FROM BELLSOUTH BUSINESS SYSTEMS, INC., FOR THE PROVISION OF
ENHANCEMENTS TO THE NORTHERN TELECOM MERIDIAN PBX LOCATED
AT THE RIVERSIDE CENTER, INCLUDING DIGITAL CIRCUIT CARDS, CSU
UNITS, PROCESSOR AND SOFTWARE UPGRADES, TELEPHONES, AND OTHER
COMPONENTS, AND RELATED INSTALLATION, CONFIGURATION, AND
TRAINING SERVICES, IN THE PROPOSED AMOUNT OF $400,000;
ALLOCATING FUNDS THEREFOR FROM AN ACCOUNT TO BE IDENTIFIED BY
THE DIRECTOR OF FINANCE, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH SAID VENDOR TO OBTAIN THE MOST FAVORABLE
FINANCING, TERMS, AND CONDITIONS IN THE BEST INTERESTS OF THE
CITY AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
ACQUISITIONS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE FOR SAID
ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor GoM the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
118 December 7, 1995
...............,.........------...------------------------------------------......-----..........................
26. DISCUSS AND DEFER CONSIDERATION OF RAFAEL HERNANDEZ
HOUSING & ECONOMIC DEVELOPMENT CORPORATION'S
PRESENTATION FOR DEVELOPMENT OF A HOUSING PROJECT IN
BOBBY MADURO STADIUM LOT -- DIRECT MANAGER AND
COMMISSIONER PLUMMER TO MEET WITH THE ALLAPATTAH
BUSINESS DEVELOPMENT CORPORATION AND RAFAEL HERNANDEZ
HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO WORK
TOWARD A PROPOSED HOUSING PROJECT THAT WOULD BE IN BEST
INTEREST OF CITY -- HOLD PUBLIC MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item 23.
Commissioner Plummer: All right. Mr. Mayor, this is the item that we had the scenario that
when it came before this Board, or came before me, before others, that there was a confusion.
There are two groups who would like to be deeply involved into any project that possibly could
or could not go in the Bobby Maduro Stadium. I don't want to say yes or no to either group at
this particular time. I would like either myself or someone of the Administration to be able to sit
down with both groups, give them both the opportunity to make a proposal, and anyone else who
may want to make a proposal, and then come back to this Commission with all of the scenarios
that there are possible. They are both very...
Mayor Clark: J.L., J.L., let me interrupt you for a second.
Commissioner Plummer: OK, Mr. Mayor.
Mayor Clark: You got to realize that this second group that wants to form a consortium or co -
venture actually copied the individual's first thoughts - Father Menendez, et al. - and now, they
want to join with them, because they... They're copying, actually, the plans and everything else.
I understand the architect, after they did the work for Father Menendez and his group, took the
same plans to this other group who wants to form a co -venture. I think it's a little bit of a
conflict there, myself.
Commissioner Plummer: Well, Mr. Mayor, that's what I've been given reason to believe, also.
But I would like... The only reason I say to defer is to give us the right to look into the matter, to
see if, in fact, this is the case, is it the best thing that can be done for this community, and that's
all I'm saying.
Mayor Clark: All right. Very good.
Commissioner Plummer: Now, you want to pass it, that's all right with me.
j Mayor Clark: No, I didn't say pass it. I say defer it.
Commissioner Plummer: What it basically here is, to give development rights, is what I
understand.
Mr. Cesar Odio (City Manager): Well, first, you have to make a decision. Do we want to shut
down Bobby Maduro for good, demolish it, and go ahead and build a middle class... near a small
area there?
119
December 7, 1995
Commissioner Plummer: If you give development rights, you're closing it down for good, in my
estimation.
Mr. Odio: I believe that, sincerely, that the time has come to look at that stadium closely, and to
bring people to live in that area. This would be an ideal situation.
Mayor Clark: Make it tax productive.
Mr. Odio: Make it... Put it in the tax roll.
Commissioner Dawkins: I second J.L.'s motion. An as he said, if there's any more who want to
come in, let them come in also, because I was the first one to say that housing should go over
there. Father Menendez and I sat down. We were the first ones. So now, let us all come up
E.; once and for all, and let it come forward, and whatever is presented here, and this Commission
votes - works on it - that's good. If it's five or six more groups... Whichever presents the better
' deal for the City of Miami, let's take that.
Mayor Clark: All right.
Commissioner Carollo: Well, that's why I'm in agreement. And, you know, I'm sure Father
Menendez, a man of the cloth, is a very honorable person. I've never had the pleasure of
meeting him until today, I don't believe. And this seems like a fine group. But the bottom line
is that this is not only about housing, but this is about people making, also, a business deal and
making money. And we have to not only protect the interests of the City of Miami to do the best
deal for the City and the residents of Miami, but at the same time, try to get the best development
that we can. And I think if we go at this without doing the right thing, going slowly, to make
sure that we do get the best possible project for the City of Miami, then we're going to be doing
exactly what's been going on for too Iong, you know, during the last eight years and before the
last eight years, too many times.
Mayor Clark: All right. J.L....
Commissioner Carollo: This might be the best group we might have. We don't know.
Commissioner Dawkins: No, no. Willy wants the floor.
Commissioner Plummer: Mr. Mayor, I would ask Administration.
Mayor Clark: Hold it just a minute, J.L.
Vice Mayor Gort: J.L., excuse me.
Commissioner Plummer: Oh, I'm sorry.
Vice Mayor Gort: My understanding is that the request in front of you today is for us to make a
study, make a decision of if we want to do it or we don't want to do it. I don't think we have to
stop that process. I think we should look into it and see the feasibility of it, and if you want to do
it then if we want to do it, go out for an RFP (Request for Proposals).
Commissioner Dawkins: After Plummer, after Plummer.
iMayor Clark: All right. Let's... After Mr. Plummer.
120
December 7, 1995
Commissioner Plummer: Well, that's basically...
Vice Mayor Gort: Isn't that what you're saying?
Commissioner Plummer: That's what I'm basically saying, yeah.
Commissioner Dawkins: OK.
Commissioner Plummer: But I would ask that the Administration publish an advertisement to
have a public meeting, and let any and all interested groups come forward, and let it be known
that this is the fact of what they're trying to accomplish.
Mr. Odio: Well, I need... I need clarification.
Commissioner Plummer: All right, sir.
Mr. Odio: Because you are talking... I have heard two different things, and... This is a not -for -
profit group. I... We are limited to the not -for -profit.
Commissioner Plummer: OK.
Mr. Odio: Because if you open this land up for developers...
Commissioner Dawkins: No, it's only... It should be not -for -profit.
Mr. Odio: That's not what I understood.
Commissioner Dawkins: No, no, no.
Commissioner Plummer: No, no, no.
making.
We're not looking for... We're not looking for profit
Commissioner Carollo: Wait, wait, wait a minute. Wait a minute.
Mr. Odio: This is a not -for -profit economic development corporation.
Commissioner Plummer: Right.
Commissioner Carollo: Yeah. But...
Mr. Odio: But we normally have...
Commissioner Carollo: Mr. Manager, let's set things right. OK? I mean, it's nice to say that
the only groups that we are going to hear from are not -for -profit. But someone's going to be
making a profit, because the people that are going to be getting salaries out of... All the not -for -
profit groups that we have doing business with the City now are making a profit. And we all
i know that the best way... Sometimes even the best corporations you have are not for -profit
corporations, because then all you have to do is create sufficient positions and make sufficient
salaries, and that's where the profits go - to salaries. And I'm not saying this because of these
fine people here. I'm saying it because it's a reality, and it's the way that too many times
E business has been run from the City of Miami and other governmental bodies here. What I am
saying is, hey, let's do this like a regular corporation would do it out in the real business world,
and let's do it the right way. Let's not go and do it in a "bush -leaked" type of way.
121 December 7, 1995
Mayor Clark: All right. Now, Mr. Dawkins, and then we'll come to a decision here.
Commissioner Dawkins: This has been going around for about a year and a half. When I first
said let's put townhouses and affordable housing in Liberty City, I went to Father Menendez and
said to hum, "At the same time, let's put some decent affordable housing in Wynwood."
Immediately, Father Menendez said, "'That's a good idea. Let's go about doing it." I
immediately suggested that the Bobby Maduro Stadium was an eyesore, so let's be about the
business of pushing it down. A gentleman came to see me, and he hasn't been back to see me
for a year and a half. Because I was under the impression that this Commission was going to
push two projects, my fellow Commissioners, and say, "We're doing one in Liberty City, and
we're doing one in Wynwood, where we haven't done anything." That was my aim.
Mayor Clark: Yeah.
Commissioner Dawkins: OK? Now, we're faced with the one going forward in Liberty City,
and the one in Allapattah/Wynwood is stuck. So what I hear my fellow Commissioners saying
is, "If there is a group that wants to do one in Wynwood, and one wants to do one in Allapattah,
we need the housing. If there's a group that's going to do one in Allapattah, and one - the same
one in Wynwood, we got housing." Or I hear us saying that if a nonprofit organization is going
to go together with a builder and a constructor, and somebody finances it, and put what Father
Menendez and I said - a complex, for the lack of a better word - on the Bobby Maduro Stadium,
mixed use... Is that what we said, Father, commercial?
Father Jose Luis Menendez: Right, right.
Commissioner Dawkins: We said mixed homes, we would have apartments where people could
come from the hospital center, and either rent homes or buy homes. That was the theory. Push
Bobby Maduro Stadium down and come up with a complex. Now, that's where I am. Now,
anybody who can come before us with that, I'm in favor of.
Commissioner Plummer: That's what we're looking for.
Mayor Clark: All right. Let me kind of bring this to a head now. Father, you want to say
something?
Father Menendez: Yes. Mr. Carollo, I live in 7th Avenue and 32nd Street, Allapattah - meaning
I am a resident - and my work is in Allapattah, and also in Wynwood and Edgewater. And, yes,
it's true. One day, you know, we were talking with, you know, Cesar Odio, and he told me about
the Bobby Maduro. It's there, it's a problem, you know. And always, Mr. Dawkins comes to us
and says, "Yes, let us do it." And he said, you know. We come to conclude that. That is a
process that has taken us at least one year. Mr. Plummer, you have said there is somebody who
is in favor of having this Bobby Maduro Project. I would like to know him, because it has been
in the newspapers for a year. Everybody knows that I was in the newspaper saying we have to
turn down this white elephant, because... or you fix it. And then you have to raise taxes, or then
fix it, because we, the people who live in Allapattah, don't want to have this ruined white
elephant. And then since a year, we have been working with Mr. Frank Castaneda. He's no
more in the office. But with Mr. Odio we have talked. We have been working with a
consortium of ten banks in order to bring money to East Allapattah. I would like to know why
nobody wants something with East Allapattah, and everybody was investing in West Allapattah.
Where they were? Where? Where they were before? Because I would like only justice. We
have been working hard, and never thinking... As Mr. Dawkins said, it has to be a joint venture
with the City of Miami. Precisely, because we don't want, you know, somebody who takes the
f money. We want houses that people can buy. Everybody say at the beginning...
122
December 7, 1995
Commissioner Carollo: Father, that's the key that I'm looking for, too. You're saying that these
are going to be houses or apartments that people can buy.
Father Menendez: Exactly.
Commissioner Carollo: They're going to own them. Right?
Father Menendez: Yes. Because the problem that everybody... Allapattah is 80 percent rentee,
20 percent owners.
Commissioner Carollo: Absolutely.
Father Menendez: We need to change that trend. We need to people to stay and secure the
neighborhood. And that is the reason why we were working, and that is the reason why I am
here, because I don't take a penny from this organization.
Commissioner Carollo: I know that, Father.
Father Menendez: But at least it's to make these people affordable. Everybody says it's going
to be a disaster, because people aren't going to be willing to move to that area. But we, if we
make it affordable - meaning everybody has to make tight their interest in order to make it very
,inexpensive - people who are now living in Allapattah, paying for rent 550, 600, those are the
people that we want there to move there. We have the people there. Only make them capable to
buy their own future and have a piece of the American dream. That's all we want. We have the
support of Mayor Clark, and the support of Willy Gort, and Mr. Plummer. I would like to know
who it is, because until now, we haven't received one call saying that it's interested in the Bobby
Maduro. I think that is not fair, knowing all this, that somebody come behind and ask for
something, when the only thing that he has to do is come to us. We are not interested to make
money.We are interested to serve people, and I am there for that. And if I am talking here,
discussing, then I would like to know who is the other organization who never takes time to
come to East Allapattah. Bobby Maduro has been destroyed three years ago. Why they don't
come before?
Commissioner Carollo: Well, Father, let me say this to you. I...
Father Menendez: You know, I'm willing to postpone, whatever.
Commissioner Carollo: Sure, yeah.
Father Menendez: But I want to leave this in a file, in a record, because nobody come to talk to
US.
Mayor Clark: Joe, what do you have?
Commissioner Carollo: I think you are saying all the right things. At the same time, I don't
know if there is another organization or who it is.
Father Menendez: No, no, I know.
Commissioner Carollo: So I haven't met with anyone. As you know, I haven't had the time. I
could only meet with so many people in the 16, 18 hours a day that I'm putting. And I have a
very open mind about this. But I want to make sure that things are done right. I don't want at
any point in time in the future for anyone to come back and say that this is a done deal with your
group already. And I think you would only want it that way. You would want us to make sure
is
123 December 7, 1995
+.
that this would be done in such a way that it would be completely open, that anyone could
compete. Because if you have been working like - I'm sure you have - as diligently in this, and
004
you live there, this is your neighborhood, and you really are looking to do the best for your area.
You have a nonprofit organization that is not one o£ those like - you know what I'm talking
about, Father -
Father Menendez: I know, sure.
Commissioner Carollo: - that has been made so that most of the money goes into salaries, and
that's why it's a nonprofit organization, supposedly. Then you know that you're going to come
out on top in the end, and it's only going to make your project even stronger. And I'm glad to
have heard what you said here today, because it gives me even more encouragement that we're
going to do something good there.
Mayor Clark: All right. Thank you, Mr. Carollo.
Mr. Manuel Gonzalez-Goenaga: Yes, may I add something very creative, for the first time in
my life?
Mayor Clark: All right.
Commissioner Carollo: Come, come on, Manny. You've been a lot more creative many times
before.
Mr. Gonzalez-Goenaga: Well, my brother... Let's copy the things that have worked and that are
experienced. In Puerto Rico, we have the... And my brother - and I did help him free - he was
working for the government, the Housing Bank. And I will be willing to bring from Puerto
Rico which has worked perfect - houses of three rooms for thirty thousand dollars ($30,000) in
Puerto Rico, where the land is more expensive. I will be willing, on my return from Puerto Rico,
to bring the financial statements...
Mayor Clark: Please, please, Manny, go talk to Father Menendez. He's looking for somebody
like you.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Dawkins: I would like to say...
1-
Mr. Gonzalez-Goenaga: And I am a damn good Catholic, Father.
Father Menendez: You're talking about religion.
Commissioner Dawkins: I would like to say to Commissioner Carollo that the reason Father
Menendez is here is we had - quote/unquote - problems or misunderstandings in that area, and
because Father Menendez was committed to empowering the people in the area, providing
affordable housing in the area, and in an effort to provide economic development, he had
individuals to form a nonprofit organization in which to do that. And I'm sorry... He'll be able
to read it in the records, and that's why he's here. It's not that it's for any personal gain or what
have you, but it was because you felt that this was needed, and that's why you did it.
Mayor Clark: What's our position here now? A motion to defer this item'
124
December 7, 1995
Commissioner Plummer: Yes.
Commissioner Dawkins: Yeah, defer it, and go and let somebody...
Mayor Clark: All right. Mr. Manager, you got the information?
Mr.Odio: Is it to defer or to proceed, to bring it back with a recommendation from staff?
Commissioner Dawkins: It's to defer it and let other people come to you, and come back with
the best deal.
Commissioner Plummer: Advertise, see whether there's anyone else interested, and if not, then
we bring it back. That's it.
Mayor Clark: There's a motion in that order. Is there a second?
Vice Mayor Gort: Excuse me.
Mayor Clark: Yes.
Vice Mayor Gort: On the motion, we're talking about CBGs (Community Based Organizations)
or..
Commissioner Dawkins: CBGs only.
Vice Mayor Gort: CBGs only, that's my understanding. OK?
Commissioner Dawkins: Nonprofit, CBGs.
Father Menendez: Who is the...
Vice Mayor Gort: Nonprofit, based in the area.
Commissioner Dawkins: Yeah. Nonprofit... OK. We do not want a CBO (Community Based
Organization) from Coconut Grove to go there, because we got enough for them to do. We don't
want a CBO from Liberty City to go there. It must be a CBO, in my opinion, within that area.
Vice Mayor Gort: Right.
Mayor Clark: Oh, sure.
Vice Mayor Gort: Within the target area.
Mayor Clark: Motion and a second.
Commissioner Dawkins: OK. All right.
Mayor Clark: Call the roll, Mr. Clerk.
125 December 7, 1995
0
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.95-864
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23 (PERSONAL
APPEARANCE OF REPRESENTATIVE FROM THE RAFAEL HERNANDEZ
HOUSING & ECONOMIC DEVELOPMENT CORPORATION REGARDING A
PRESENTATION FOR DEVELOPMENT OF A HOUSING PROJECT ON THE LOT
WHICH IS NOW BOBBY MADURO STADIUM); FURTHER, DIRECTING THE
CITY MANAGER, ALONG WITH COMMISSION REPRESENTATIVE J.L.
PLUMMER, JR., TO SIT DOWN WITH THE ALLAPATTAH BUSINESS
ASSISTANCE AND ALLAPATTAH BUSINESS DEVELOPMENT CORPORATION,
ALONG WITH THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC
DEVELOPMENT CORPORATION TO WORK TOWARD A PROPOSED HOUSING
PROJECT THAT WOULD BE IN THE BEST INTEREST OF THE CITY; AND
FURTHER DIRECTING THE ADMINISTRATION TO ADVERTISE CALLING FOR
A PUBLIC MEETING ON SAID ISSUE, INVITING ANY COMMUNITY BASED
GROUPS IN THE AREA TO COME FORWARD TO PROVIDE INPUT ON SAID
ISSUE; AND FURTHER DIRECTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Carollo: Father, hopefully, in the next few weeks, I'd like to meet with you and
your group, so...
Father Menendez: OK, wonderful. And we are more than welcome to receive you and to help
us to work in the neighborhood.
Commissioner Carollo: Thank you.
Father Menendez: The only thing is, for the record, I don't know who is this organization, this
phantom.
Commissioner Carollo: When you find out, let me know, Father.
Father Menendez: No, but it's not fair to fight with a phantom. It's easy to fight with a person,
to face... to know the name and the face.
Mayor Clark: We'll get him out, if he's out there. We'll find him. Thank you, Father.
Mr. Odio: Well, Father, the way they passed it, it's only two organizations that qualify.
126
December 7, 1995
1,
Father Menendez: But what is that organization?
Mr. Odio,. Yours and Allapattah - what do you call them? - Allapattah Business Association.
They are...
Commissioner Carollo: Is that the same one that the gentleman was here before?
Father Menendez: Yeah.
Mr. Odio: Yes. They are the only two that would qualify.
Mayor Clark: All right. We'll find out. OK.
t ..
Father Menendez: Thank you.
Mayor Clark: Thank you all. Thank you, Father, gentlemen, Mr. Ramos. Thank you.
27. ^DISCUSS AND DEFER (TO JANUARY MEETING) CONSIDERATION OF
PROPOSED SECOND READING ORDINANCE TO AMEND CODE,
CHAPTER 30, ARTICLE III, DIVISION 2, WHICH SETS FORTH RATES
AND CHARGES FOR CITY GOLF COURSES, AND ADD NEW SECTION
30-57, EXEMPTING FACILITIES OPERATED / MANAGED BY PRIVATE
PARTIES PURSUANT TO AGREEMENTS HAVING TERMS OF 20 YEARS
OR MORE.
NOTE FOR THE RECORD: At this point, agenda item 23A was
withdrawn.
`
Commissioner Carollo: Mr. Mayor, I would like this deferred till the next meeting in January
and we take it up...
'
Mayor Clark: One more deferral until January the 11th, is it?
Mr. Odio: January the 11th.
Commissioner Carollo: Whatever date it is in January.
Mayor Clark: Yes, sir, all right.
Vice Mayor Gort: The 11th. Second.
Mayor Clark: Second, all right.
Commissioner Carollo: Thank you, Mr. Mayor.
127
December 7, 1995
� 11
01111,
Mayor Clark: Call the roll, Mr. Clerk.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY VICE
MAYOR GORT ITEM 24 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
r ;
7
ASSENT: None.
--------------------------------------------------------
28. FIRST READING ORDINANCE: AMEND ORDINANCE 10840, WHICH
ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE
SPECIAL EVENTS DISTRICT FUND - FY 90-91 -- PROVIDE FOR
INCREASE OF $50,000, RESULTING FROM SUCCESSFUL COLLECTION
OF COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY
USER FEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 25, Coconut Grove Special Events.
Commissioner Carollo: I move.
Vice Mayor Gort: Move it.
Commissioner Plummer: Yeah. I'll move it.
Mayor Clark: Moved and seconded. Any discussion? Call the roll.
128 December 7, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON
FEBRUARY 14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT
FUND - FY 90-91 RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE
NO. 10764, ADOPTED JULY 12, 1990, TO PROVIDE FOR AN INCREASE IN THE
AMOUNT OF $50,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE
SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR
FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
was introduced by Commissioner Carollo, seconded by Vice Mayor Gort, and was passed
on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
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.
29. FIRST READING ORDINANCE: APPROPRIATE $16,600 TO SPECIAL
REVENUE FUND: "DERELICT VESSEL REMOVAL GRANT AWARD
PROGRAM" -- ACCEPT GRANT FROM FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) -- EXECUTE NECESSARY
DOCUMENTS.
-------- - -----------------------------------------------------------------------------------------------------
Commissioner Plummer: Twenty-seven, I move it.
Mayor Clark: Item number 20...
Commissioner Carollo: ... seven.
Commissioner Plummer: I move it.
Commissioner Carollo: Move.
Mayor Clark: There's a motion to move. Is there a second? Read the ordinance.
129 December. 7, 1995
An Ordinance entitled -
AN ORDINANCE APPROPRIATING FUNDS, IN THE AMOUNT OF $16,600.00, TO
THE SPECIAL REVENUE FUND ENTITLED: "DERELICT VESSEL REMOVAL
GRANT AWARD PROGRAM"; AUTHORIZING THE CITY MANAGER TO
ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
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.
----------------------------------------------------------------------------------------------------------------
30. AUTHORIZE MANAGER TO ENTER INTO LEASE AGREEMENT WITH
MIAMI OUTBOARD CLUB -- FOR LEASING OF REAL PROPERTY /
IMPROVEMENTS WITHIN WATSON ISLAND, ALONG WITH BAY
BOTTOM LANDS -- LEASE TO BE: (1) FOR INITIAL PERIOD OF 20
YEARS WITH OPTION TO RENEW FOR TWO ADDITIONAL 5-YEAR
PERIODS; (2) INITIAL MONTHLY RENTAL OF $5,417 PLUS 10% OF
GROSS RESTAURANT REVENUES IN EXCESS OF $10,000 PER MONTH;
(3) PROVIDE FOR COMMUNITY SERVICE CREDITS; AND (4) IN
ACCORDANCE WITH TERMS / CONDITIONS CONTAINED IN LEASE
AGREEMENT.
Mayor Clark: Item number 28.
Commissioner Plummer: All right. For the record, first and foremost, Mr. Mayor, I think both
you and I have to declare that we're honorary members of the Miami Outboard Club since 1952
with me, and whatever. I so declare. I have no benefit to gain in any way, shape or form. My
father was a member since 1936. I do have some questions. First and foremost, am I to assume,
Mr. Manager...
Commissioner Dawkins: Twenty-eight, Joe.
Commissioner Plummer: Hello?
130 December 7, 1995
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: Calling collect. The restaurant that they speak about here, as I
understand it, is only for the benefit of their members. Is that a correct statement?
Mayor Clark: No, it's open to the public.
Mr. Eduardo Rodriguez: It's open to the public.
Commissioner Plummer: I don't think they can serve alcoholic beverages to the public.
Mr. Rodriguez: Correct.
Commissioner Plummer: They cannot.
Mr. Rodriguez: No.
Commissioner Plummer: OK? And the concern that is expressed is that they cannot serve
lunches to other than guests of their members.
Mr. Rodriguez: No. It's open to the public, Commissioner. The food is open to the public.
Commissioner Plummer: OK. That... Now, let me tell you who's raised the question, Mr.
Manager. It's the Parrot Jungle. They will be having restaurant facilities in the Parrot Jungle, of
which we do derive a profit. And they raise a legitimate question as to their viability and their
minimum annual guarantee to the City, which could be jeopardized if, in fact, the Outboard Club
i or others are also serving lunch. That, in fact, could affect their revenue source to the City.
Mayor Clark: Oh.
Commissioner Plummer: Now, I have to go along with the Administration as to...
Mr. Odio: Can I ask them a question?
Commissioner Plummer: Yeah, sure.
Mr. Odio: How many people can you serve?
Mayor Clark: Twenty to 30.
Mr. Odio: J.L., that's not... If Parrot Jungle cannot...
Mr. Sergio Perez: Thirty-two.
Commissioner Plummer: Cesar, I ask... only raising the question predicated that was asked by
me to ask.
Mr. Odio: No, no. It's a fair question. But if they had a huge restaurant, I would suggest, but...
Commissioner Plummer: OK. So in other words, what you're saying is that if someone goes
there for lunch, they cannot have an alcoholic beverage.
Mr. Odio: No.
131 December 7, 1995
Mr. Perez: No, sir.
Commissioner Plummer: And as such, it would mean the withdrawal of your liquor license.
Mr. Odio: OK. Well, you know, maybe what you should do, if they agree that the restaurant
will not be built up to a huge restaurant, that you would limit it to what you have now, so you
would not compete with the other restaurants in the area.
Commissioner Plummer: So how many seats do they have presently?
Mr. Odio: How many do you have now? That's why I...
} Mr. Perez: We have 32 seats.
Mayor Clark: It really puzzles me. Here's a place that's been there for 30-some odd or 40
years...
Commissioner Plummer: More.
Mayor. Clark: ... and now, somebody else is coming new on the block, and they want to change
all the rules. That's a hell of a thing to say.
Commissioner Plummer: Mr. Mayor, that's not the problem. The problem is that the Parrot
Jungle has made a minimum annual guarantee commitment to this City. That's their problem,
OK? And if they are to live up to that, they did it predicated on certain criteria. And they are
concerned that if everybody went over for lunch there, that, in fact, it could affect their having to
meet the minimum.
Mr. Odio: They don't have the capacity.
Mayor Clark: If everybody went for lunch, they couldn't be served.
Commissioner Plummer: Look, I think the Manager has a very fine suggestion. Limit them to
no more than 32 seats open to the public, and that should take care of it. They can't handle any
more than that.
Vice Mayor Gort: That's it.
Mayor Clark: I don't think they have 32 seats in the place.
Commissioner Plummer: Well, then, limit it to 32, with no problem, and let's pass it, and get it
over with.
Mr. Odio: You have a problem?
Mr. Karl Hall: If I may, Commissioner. My name is Karl Hall. I'm an attorney. I've been
representing the club regarding this for over two years. Under the lease - we have a limited
liquor license, one of the older liquor licenses beyond Tobacco Road.
Commissioner Plummer: Yeah.
Mr. Hall: We are only allowed to serve members. Now, in the lease...
132
December 7, 1995
Commissioner Plummer: Or guests.
Mr. lull: Or guests, correct.
Commissioner Plummer: And only one time a year.
Mr. Hall: Correct, Commissioner.
Commissioner Plummer: Same as my Elks Club.
Mr. Hall: Right. Now, the seating that you're talking about is in the bar facility. There is a full
restaurant there, in the sense that you have a kitchen. We don't have tables, we don't have
chairs. We have a large hall that they use for certain events. One's coming up this weekend for
senior citizens.
Commissioner Plummer: And I'll be there Sunday.
Mr. Hall: Great. Asset Management already put it in the lease that we are a noncommercial
restaurant facility. In fact, what we're doing in this lease is guaranteeing the City a minimum
rent, and over the years, if food prices go up and liquor prices go up, and we serve more people,
simply because the membership increases over time, then the City gets an extra ten percent,
based on our restaurant budget.
Commissioner Plummer: What does "noncommercial' mean?
Mayor Clark: Without advertising that they have no...
Mr. Rodriguez: No advertising. No signs, you know, on the site. That's what it means.
Mayor Clark: Yeah. Saying, "Come and eat, come and eat at the Miami Outboard Club."
Mr. Rodriguez: Basically.
Commissioner Plummer: You know, Mr. Mayor, I'm bringing this up because it was asked to be
4 brought up.
Mayor Clark: I know.
Commissioner Plummer: I don't think that it's unreasonable to say more than 32 seats is under
that, except for banquet facilities, which you have there all of the time. And there's nothing
wrong with that. That's actually your events for your affairs. And I see no problem with that.
Mr. Hall: And the Parrot Jungle would have to understand that.
i-`
Commissioner Plummer: I have no problem with that.
Commissioner Dawkins: May I ask you a question, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Dawkins: What happens if the Parrot Jungle people come in and say, "We cannot
f meet our minimum guaranteed payment because our receipts are down"? And even whether it's
j true or not, they point to the food services here. What happens then?
133 December 7, 1995
Mr. Odio: They knew, going into the bid process, that the Parrot - that the Outboard Club was
there, and so they should have taken that into consideration.
Commissioner Dawkins: Yeah, but they didn't... See, but if they didn't take it into
consideration, you should have told them that it should be considered.
Mr. Odio: I will tell them before we - when we start negotiating the agreement, which we have
not done yet.
{
Commissioner Dawkins: OK. Bring that agreement before this Commission so I can tell them.
Mr. Odio: I have to bring it here.
Commissioner Dawkins: OK, all right.
Mayor Clark: In addition to that, there's also the Miami Yacht Club. They've been there almost
for the same length of time.
Commissioner Dawkins:
That's right, Mr. Mayor, but see...
Commissioner Plummer:
Mr. Mayor, I really don't see any major conflict.
Commissioner Dawkins:
I do.
Commissioner Plummer:
No, no, not with the Outboard Club, OK?
Commissioner Dawkins:
No, no, with none of them. But...
Commissioner Plummer:
I'm saying...
I
Commissioner Dawkins:
But you opened up the gag bag of - keg of worms. OK?
Mayor Clark: Sure did.
Commissioner Plummer:
I'm saying...
I
Commissioner Dawkins:
You opened this up, J.L.
Commissioner Plummer:
Yes, sir - no. I was asked to put it on the record.
Commissioner Dawkins:
OK.
Commissioner Plummer: I see nothing wrong with proceeding with the approval of their lease,
with a maximum of 32 seats for the general public. It does not affect their banquets that they
have for their own facilities in any way, shape or form, and I think that should appease
everybody.
Mayor Clark: That's fair enough, right?
134
December 7, 1995
Commissioner Plummer: And I'll move that, if anybody is ready.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: OK. Along with the other conditions of the lease. Mr. Gort.
Vice Mayor Gort: I'll second it. In seconding, I'd like to state, Mr. Dawkins, my understanding
in reading the RFP (Request for Proposals) for the Watson Island, these projects were included,
the people were aware, and it was informed in the RFP that these institutions were there, and
they were serving, so they were made aware of it. But you're right. On the contract, we'll make
sure.
Commissioner Dawkins: That's all.
Mayor Clark: All right. Motion and a second. Is this an ordinance? A resolution.
A. Quinn Jones, III, Esq. (City Attorney): Resolution.
Commissioner Plummer: Resolution.
Mayor Clark: Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 95-865
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE MIAMI OUTBOARD CLUB, A NONPROFIT CORPORATION,
FOR THE LEASING OF CERTAIN REAL PROPERTY AND IMPROVEMENTS
THEREON, WITHIN WATSON ISLAND, ALONG WITH BAY BOTTOM LANDS,
SAID LEASE TO BE: (1) FOR AN INITIAL PERIOD OF TWENTY YEARS WITH
AN OPTION TO RENEW FOR TWO ADDITIONAL FIVE-YEAR PERIODS; (2) AT
AN INITIAL MONTHLY RENTAL OF $5,417.00 PLUS TEN PERCENT OF GROSS
` RESTAURANT REVENUES IN EXCESS OF $10,000 PER MONTH; (3) PROVIDING
FOR COMMUNITY SERVICE CREDITS; AND (4) IN ACCORDANCE WITH THE
r. .
TERMS AND CONDITIONS CONTAINED IN SAID LEASE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
135
December 7, 1995
. r.r..rrr....rrr.rr.rr.....-r....r................. r...................
31`. (A) ACCEPT MANAGER'S RECOMMENDATION TO REJECT ALL
BIDS SUBMITTED CONCERNING SALE OF CITY -OWNED
PROPERTY AT 5500 N.W. 17 AVENUE.
(B) DIRECT ADMINISTRATION TO REQUEST PROPOSALS
REGARDING SALE OF ABOVE PROPERTY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 29.
Mayor Clark: Thank you, gentlemen.
Commissioner Dawkins: Second. Under discussion. This will be rebid.
Mr. Eduardo Rodriguez: This item, Commissioner, is only rejecting the two bids that...
Commissioner Dawkins: Will this be "rebidded"?
Mr. Rodriguez: It's up to the Commission.
Commissioner Dawkins: Yes. Put it out for rebid.
Mayor Clark: Motion to put it out for rebid. You got it? Second.
Commissioner Plummer: Well, your motion, first, is to reject the two.
Commissioner Dawkins: All right. I reject the two with a motion that... And include in the
motion that you rebid it.
Commissioner Carollo: What is this item?
Commissioner Dawkins: Twenty-nine.
f Mayor Clark: All in favor of the motion - I second - all in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
I'
i
i
136 December 7, 1995
The following resolution and motion were introduced by Commissioner Dawkins, who moved
their adoption:
RESOLUTION NO.95-866
A RESOLUTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO
REJECT ALL BIDS SUBMITTED IN RESPONSE TO THE INVITATION TO BID
FOR THE SALE OF THE CITY -OWNED PROPERTY LOCATED AT 5500 N.W. 17
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN;
FURTHER DIRECTING THE CITY MANAGER TO RETURN THE BID DEPOSITS
SUBMITTED SIMULTANEOUSLY WITH SAID BIDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
CIerk.)
MOTION NO.95-866.1
A MOTION DIRECTING THE ADMINISTRATION TO REQUEST PROPOSALS
REGARDING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 5500 N.W.
17 AVENUE.
Upon being seconded by Mayor Clark, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT TO SHAKE -A -
LEG MIAMI, INC. -- FOR NON-EXCLUSIVE USE OF PORTION OF CITY -
OWNED PROPERTY AT APPROX. 2600 SOUTH BAYSHORE DRIVE -- IN
ORDER TO CONDUCT COMPREHENSIVE WATERSPORTS
RECREATIONAL PROGRAM FOR INDIVIDUALS WITH DISABILITIES,
YOUTH AT RISK AND FAMILIES / FRIENDS.
Mayor Clark: Item 30.
Mr. Cesar Odio (City Manager): I recommend it, Mr. Mayor.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
137 December 7, 1995
i
Commissioner Plummer: The only problem I got, they promised to take me sailing, and they
haven't done it.
Vine Mayor Gort: Don't feel bad. They were going to give me some classes.
Commissioner Dawkins: If you take hire sailing, drown him.
Mayor Clark: If there's no exception, Mr. Clerk, cast a unanimous ballot.
Vice Mayor Gort: Use him as an anchor.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
u,
RESOLUTION NO.95-867
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO ISSUE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO SHAKE -A -LEG MIAMI, INC., A NONPROFIT CORPORATION,
FOR THE NON-EXCLUSIVE USE OF A PORTION OF CITY -OWNED PROPERTY
LOCATED AT APPROXIMATELY 2600 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, AS SHOWN IN EXHIBITS "A" AND "B", ATTACHED HERETO AND
MADE A PART HEREOF, FOR THE PURPOSE OF CONDUCTING A
COMPREHENSIVE WATERSPORTS RECREATIONAL PROGRAM FOR
INDIVIDUALS WITH DISABILITIES, YOUTH AT RISK AND THEIR FAMILIES
AND FRIENDS, SAID REVOCABLE PERMIT TO BE: (1) FOR A PERIOD OF ONE-
YEAR WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR
PERIODS; (2) AT AN ANNUAL FEE OF $100.00; AND (3) WITH ALL TERMS AND
CONDITIONS AS SET FORTH IN THE REVOCABLE PERMIT.
(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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
138 December 7, 1995
-.......-------------------.......--------------..........................._.-----_...........--------
33. REQUEST FLORIDA STATE GOVERNOR AND CABINET (SITTING AS
BOARD OF TRUSTEES FOR THE INTERNAL IMPROVEMENT FUND) TO
GRANT ON ACCORDANCE WITH TRUSTEES' DEED 19447) EITHER A
DETERMINATION OF CONSISTENCY OR WAIVER OF THE DEED
RESTRICTION PERTAINING TO PROPOSED DEVELOPMENT / LEASE /
OPERATION OF BOTANICAL GARDEN ATTRACTION ON WATSON
ISLAND BY PARROT JUNGLE AND GARDENS, INC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Here, wait, wait, 31 is withdrawn. Thirty-two, waive a deed restriction.
Mr. Cesar Odio (City. Manager): They did already.
Commissioner Dawkins: Move it, whatever it is.
Commissioner Plummer: Well, are you talking about 32?
Commissioner Dawkins: Yes.
Mayor Clark: Yes.
Commissioner Plummer: Mr. Mayor, I would like the opportunity, if I may, since I'm probably
the one that's going to have to go up there and deal with the Senate, that I would like to get all
the, information and go up there in advance, prior to this thing being presented to the State, Jack.
All right?
Mr. Jack Luft: We're already talking to our lobbyist about assisting us.
Commissioner Plummer: Yeah. Well, it's not the lobbyists that get this kind of thing done.
Mayor Clark: What are we doing now, J.L.?
Mr. Luft: Well, we have to go through...
1
Commissioner Plummer: We're moving, Mr. Mayor...
Mr. Luft:... staff, too.
Commissioner Plummer: ... to get this ahead of the board, and I move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Now, Jack, a question on this.
Commissioner Dawkins: Yes, I second it, Mr. Mayor.
Mayor Clark: If there's no exception, cast a unanimous...
Commissioner Plummer: Hold on, Mr. Mayor. Is there any way that we can expedite that
portion relating to the Parrot Jungle?
F
Mr. Luft: That's what this is for.
Commissioner Plummer: That's what this is for.
Commissioner Carollo: Yeah, this is just for that. Right. Yeah.
Vice Mayor Gort: Yeah.
Commissioner Plummer: OK.
Mr. Luft: Specifically for. And we are on the agenda for the January meeting of the trust fund.
Commissioner Plummer: Who? Who?
.,_
Mr. Odio: So you need to o u there next week.
y g p
t..
f
Mr. Luft: So we're going to... We're starting with staff. We have to go through DEP
(Department of Environmental Protection), and all the agencies...
Commissioner Plummer: Right.
Mr. Luft:... who must review this and make a recommendation to the board.
Commissioner Plummer: Have you sent it up there yet?
Mr. Luft: Yes.
Commissioner Plummer: OK.
Mr. Luft: We sent it up in October.
Commissioner Plummer: Send me a copy of all of it.
f'
Mr. Luft: Yes, sir.
Commissioner Plummer: Whatever you sent to the board, send me a copy.
Commissioner Dawkins: And give me a copy of every...
Mr. Luft: We sent them a copy of the proposal.
Commissioner Plummer: OK.
Mr. Luft: You got it.
Commissioner Plummer: Oh, that's it?
Mr. Luft: You got it. Yeah.
f...
Commissioner Plummer: OK.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
140 December 7, 1995
r
F
Commissioner Dawkins: And send me a copy of the people you expect to talk with about this.
Mayor Clark. Please, 33, item 33,
Mr. Luft: The Governor and the Cabinet.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-868
A RESOLUTION REQUESTING THE GOVERNOR AND CABINET OF THE STATE
OF FLORIDA, SITTING AS THE BOARD OF TRUSTEES FOR THE INTERNAL
IMPROVEMENT FUND, TO GRANT, IN ACCORDANCE WITH THE PROVISIONS
.' . OF TRUSTEES' DEED NO. 19447, EITHER A DETERMINATION OF
' CONSISTENCY OR WAIVER OF THE DEED RESTRICTION AS IT PERTAINS TO
THE PROPOSED DEVELOPMENT, LEASE AND OPERATION OF A BOTANICAL
GARDEN ATTRACTION ON WATSON ISLAND BY PARROT JUNGLE AND
GARDENS, INC.
(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 Caroilo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
i----------------------------------------------------------------------------------------------------------------
1 34. AUTHORIZE MANAGER TO EXECUTE AGREEMENT FOR
PROFESSIONAL SERVICES NEEDED FOR PREPARATION / PROCESSING
OF APPLICATION FOR DEVELOPMENT APPROVAL AND ALL RELATED
DOCUMENTS -- FOR A DEVELOPMENT OF REGIONAL IMPACT (DRI),
OR AN AMENDMENT TO AN EXISTING DEVELOPMENT ORDER -- FOR
IMPROVEMENTS TO / DEVELOPMENTS ON WATSON ISLAND --
ALLOCATE $100,000, TO BE REIMBURSED ON A PROJECT -BY -PROJECT
BASIS BY PARTICIPATING AND FUTURE DEVELOPERS.
----------------------------------------------------------------------------------------------------------------
t
Mayor Clark: Thirty-three, is there a motion?
Mr. Jack Luft: Thirty-three is a companion item. It's for work that we may do on a DRI
(Development of Regional Impact.) We're hoping we won't have to do this.
Commissioner Dawkins: Thirty -three -A?
141
December 7, 1995
Mayor Clark: Where are we?
Mr, Luft: We may, we may not. We are working with the State right now, and if we... We may
be able to bring back to this Commission in January a modification to the master plan that will
eliminate the need for this.
Commissioner Dawkins: This is 30... You're talking about 33-A?
Mr. Luft: Thirty-three, 33.
Commissioner Carollo: Thirty-three.
Vice Mayor Gort: Thirty-three.
Commissioner Plummer: Thirty-three.
Commissioner Carollo: Thirty-three, right.
Mr. Luft: Not 33-A.
Commissioner Dawkins: Wait a minute.
Commissioner Carollo: Thirty -three -A was your buddy, Jorge.
`Commissioner Dawkins: OK. Wait a minute, now.
Commissioner Carollo: He ran out.
Mr. Luft: Thirty-three is consultant services to assist us on permit applications for the State.
Commissioner Plummer: All right. How does this relate to the Parrot Jungle?
Mr. Luft: The State has been saying to us since 1992 that any project we do on Watson Island
could trigger a DRI for the entire island.
Commissioner Plummer: Right.
t
Mr. Luft: OK? We're working to clarify that. We may be able to come back to this
Commission in January with some adjustments to the plan, the master plan, that would eliminate
that need. OK?
Commissioner Plummer: OK.
Mr. Luft: We have it verbally from them.
Commissioner Plummer: Fine.
Mr. Luft: We think we can expedite this. But in case we need to go through the more structured
process of the DRI, we will need some assistance to do that.
Commissioner Plummer: OK.
Commissioner Carollo: Well, then, Jack, then we should only...
142
December 7, 1995
be
Mr. Luft: But I hope we don't have to do this.
Commissioner Carollo: We should only...
Mayor Clark: One at a time, please.
Commissioner Carollo: I'm sorry, Mr. Mayor.
Mayor Clark: All right. You're recognized.
Commissioner Carollo: Thank you, sir. We should only then move this if...
Mr. Luft: Subject to.
Commissioner Carollo: ... with a condition that it would be based on if we do require the DRI
for the whole island.
Mr. Luft: I will report back to you in January whether or not we need to do this, and you can
make a final decision at your next Commission meeting.
Commissioner Dawkins: It should be moved, Mr. Mayor, with no money, see.
Mr. Luft: Correct.
Commissioner Dawkins: No money.
Mr. Luft: Fine.
Commissioner Dawkins: See, and then, when you... Whatever you need, you come back and
ask for.
Mr. Luft: Yes, sir.
Vice Mayor Gort: Second.
l
Commissioner Dawkins: All right. OIL.
Mayor Clark: All right. Second the motion. Cast a unanimous ballot, Mr. Clerk, if there's no
exceptions.
143 December 7, 1995
N
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-869
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SELECT A
CONSULTANT AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR PROFESSIONAL SERVICES NEEDED FOR THE
PREPARATION AND PROCESSING OF AN APPLICATION FOR DEVELOPMENT
APPROVAL AND ALL RELATED DOCUMENTS FOR A "DEVELOPMENT OF
REGIONAL IMPACT" ("DRI"), OR AN AMENDMENT TO AN EXISTING
DEVELOPMENT ORDERS, IF REQUIRED, PURSUANT TO STATE STATUTES
FOR IMPROVEMENTS TO AND DEVELOPMENTS ON WATSON ISLAND, WITH
FUNDING TO BE ALLOCATED BY THE CITY COMMISSION AT A LATER
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
- - - ----------------------------------------------------------------------------------------------------------------
35. ACCEPT BID: APRICOT OFFICE SUPPLIES -- FOR PROVISION OF
OFFICE SUPPLIES FOR CITYWIDE USAGE (ON CONTRACT BASIS FOR
ONE YEAR WITH OPTION TO EXTEND FOR ADDITIONAL YEAR) --
ALLOCATE $230,000.
J.----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 34.
Vice Mayor Gort: "A' was deferred.
Mayor Clark: Thirty -three -A was deferred.
Vice Mayor Gort: Thirty-four.
Mayor Clark: Thirty-four has been deferred.
1' Commissioner Plummer: Move it. No, 34 was not deferred.
144 December 7, 1995
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-870
A RESOLUTION ACCEPTING THE BID OF APRICOT OFFICE SUPPLIES FOR
THE PROVISION OF OFFICE SUPPLIES FOR CITYWIDE USAGE, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED FIRST
YEAR COST OF $230,000.00; ALLOCATING FUNDS THEREFOR FROM VARIOUS
CITY DEPARTMENTS AND DIVISIONS AT TIME OF NEED; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDER(S) FOR SAID SUPPLIES AND THEREAFTER TO
EXTEND SAID SERVICE 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
145 December 7, 1995
r
.- .-...1... ...................................... ........................................-.....--..-.-.-
36. AUTHORIZE ACQUISITION OF MOBIL DIGITAL COMPUTERS AND
RELATED EQUIPMENT / SERVICES -- FROM UNISYS CORPORATION
(UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96-1,
250-050-94-1, 973-502-96-1) -- ALLOCATE $6,500,000 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH UNISYS AND/OR FINANCIAL
INSTITUTIONS FOR MOST FAVORABLE FINANCING / TERMS /
CONDITIONS, AND TO EXECUTE ALL NECESSARY DOCUMENTS.
---------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-five.
Commissioner Plummer: I have a question on that.
` understand, off of a State contract.
Ms. Judy Carter: No, sir.
Commissioner Carollo: No.
Ms. Carter: That is...
Commissioner Carollo: No, that's the second one.
That's a biggy. This is, from what I
Ms. Carter:" Oh, I'm sorry.
Commissioner Plummer: Thirty-five. Excuse me. On the record, this is being purchased off of
a State contract.
Ms. Carter: Yes.
Commissioner Dawkins: No, sir.
Ms. Carter: Yes, it is.
Commissioner Plummer: Thank you.
i
Ms. Carter: It is a State contract.
Commissioner Dawkins: Where is it on the... Where does it say that in the body of what I'm
reading?
Ms. Carter: If you take a look at 35, sir, it says, "under existing State of Florida Contract
Numbers 250-040-96-1, 250-050-94-1, 973-502-96-1. And all those relate to various extensions
that are available to us with regards to the currency of the contract.
Mayor Clark: That's an existing State of Florida contract.
146 December 7, 1995
Jon
Mayor Clark: All right. What else do you have to have? Any...
Commissioner Plummer: Well, just for the record, Mr. Mayor, this is in lieu of not having to go
to a bidding procedure, that, in fact, this is an established rate, and it is the best rate available.
Ms. Carter: Yes, sir.
Vice Mayor Gort: Right.
Commissioner Plummer: Thank you.
Mayor Clark: Move it then.
5;
Commissioner Plummer: I move it, Mr. Mayor.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Any exception?
Commissioner Dawkins: After the vote, I'll discuss it.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 95-871
A RESOLUTION AUTHORIZING THE ACQUISITIONS OF MOBIL DIGITAL
COMPUTERS (MDCs) AND RELATED EQUIPMENT AND SERVICES FROM
UNISYS CORPORATION, UNDER EXISTING STATE OF FLORIDA CONTRACT
NO. 250-040-96-1, 250-050-94-1, 973-502-96-1, IN THE PROPOSED AMOUNT OF
$6,500,000; ALLOCATING FUNDS THEREFOR FROM VARIOUS ACCOUNTS TO
BE IDENTIFIED BY THE DIRECTOR OF FINANCE WHICH INCLUDE THE
CRIME BILL, POLICE DEPARTMENT GENERAL FUND, THE CAPITAL
IMPROVEMENTS PROJECT (312010), AND THE UTILITY SERVICE TAX
CONTRIBUTIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
UNISYS AND / OR FINANCIAL INSTITUTIONS) FOR THE MOST FAVORABLE
FINANCING, TERMS AND CONDITIONS IN THE BEST INTERESTS OF THE
CITY, AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
ACQUISITIONS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
? CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
147 December 7, 1995
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
x Commissioner Dawkins: Mr. Mayor.
x Mayor Clark: Yes.
Commissioner Dawkins: I mean, Mr. Manager, is this six point five million dollars ($6.5
million) included in the purchase price of the Florida Power and Light Building, or how does this
six point five million tie into the total cost of the building?
Mr. Cesar Odio (City Manager): This has nothing to do with the building. This is the MDCs
(Mobile Digital Computers) for the Police Department.
Commissioner Dawkins: This does not... This equipment will not go into the building.
Mr. Odio: No, this is for the police cars.
Commissioner Dawkins: Beg your pardon?
Mayor Clark: Police officers.
Mr. Odio: This is for police vehicles.
Commissioner Dawkins: Six million dollars for vehicle... for equipment to go in a police car?
Mr. Odio: This is the new computer system that will save at least two or three hundred people,
eventually, from having to write reports.
Commissioner Dawkins: This is the one where they go punch in the guy's fingerprint and
everything comes up?
Commissioner Carollo: No.
Commissioner Plummer: Yeah.
Mr. Odio: Something like that, yes, sir.
Commissioner Carollo: Not...
Commissioner Dawkins: OK. No further questions.
148 December 7, 1995
.........------------ --............................... ........
37. AUTHORIZE ACQUISITIONS OF MICROCOMPUTERS, RELATED
PERIPHERALS, SOFTWARE AND SERVICES FROM VARIOUS VENDORS
(UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96-19
AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-
CW & 1941-2/96-OTR-CW) -- FOR POLICE DEPARTMENT AND OTHER
PUBLIC SAFETY FUNCTIONS -- ALLOCATE $3,500,000 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH VENDORS FOR MOST FAVORABLE
FINANCING / TERMS / CONDITIONS, AND TO EXECUTE ALL
NECESSARY DOCUMENTS.
---------------------------- ------------- ---------------------------------------------------------------
Mayor Clark: Thirty -five -A.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Any discussion? Hearing none, Mr. Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-872
A RESOLUTION AUTHORIZING THE ACQUISITIONS OF MICROCOMPUTERS,
RELATED PERIPHERALS, SOFTWARE AND SERVICES FROM VARIOUS
VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96
1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW
AND 1941-2/96-OTR-CW, FOR THE DEPARTMENT OF POLICE AND OTHER
PUBLIC SAFETY FUNCTIONS, IN THE PROPOSED AMOUNT OF $3,500,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNTS TO BE IDENTIFIED BY
THE DIRECTOR OF FINANCE WHICH INCLUDE THE CRIME BILL, POLICE
DEPARTMENT GENERAL FUND, AND THE UTILITY SERVICE TAX
CONTRIBUTIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
SAID VARIOUS VENDORS FOR THE MOST FAVORABLE FINANCING, TERMS
AND CONDITIONS IN THE BEST INTERESTS OF THE CITY AND TO EXECUTE
ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID ACQUISITIONS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID ACQUISITIONS.
149 December 7, 1995
J 1
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- --------------------------
38. CLAIM SETTLEMENT: JORGE A. DUARTE, ESQ. AND DANIEL H.
FORMAN, ESQ. ($102,500) -- FOR ATTORNEYS' FEES / COSTS (CASE:
LEONE AND PEREZ vs. CITY OF MIAMI, U.S. DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, NO. 92-2396-CIV-
DAVIS/GARBER) -- AUTHORIZE CITY ATTORNEY TO FILE OFFER OF
JUDGMENT TO MICHAEL F. LANHAM, ESQ. ($75,000).
----------------------------------------------------------------------------------------------------------------
Mayor. Clark: Thirty-six.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Yes.
I Mayor Clark: Any discussion? Hearing none, cast a unanimous ballot.
I
150
December 7, 1995
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-873
A RESOLUTION AUTHORIZING THE PAYMENT OF $102,500.00 TO JORGE A.
DUARTE, ESQ. AND DANIEL H. FORMAN, ESQ., IN FULL SETTLEMENT OF
ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED IN
THE CASE OF LEONE AND PEREZ V. THE CITY OF MIAMI, UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION,
CASE NO. 92-2396-CIV-DAVIS/GARBER; ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 620101-661; FURTHER, AUTHORIZING THE CITY
ATTORNEY TO FILE AN OFFER OF JUDGMENT TO MICHAEL F. LANHAM,
ESQ. IN THE ABOVE STYLED CASE, WITHOUT ANY ADMISSION OF
LIABILITY, IN AN AMOUNT NOT TO EXCEED $75,000.00, AND IF ACCEPTED,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE RESULTING
JUDGMENT WITH FUNDS TO BE PROVIDED FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.620103-661.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Gort, the resolution was passed and adopted by the following
vote:
AYES:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
----------------------------------------------------------------------------------------------------------------
39. ACCEPT PROPOSAL: BOOTH RESEARCH GROUP, INC. -- TO DEVELOP /
IMPLEMENT A CUSTOMIZED WRITTEN EXAMINATION AND JOB
SIMULATION PROCESS FOR CLASSIFICATION OF FIRE LIEUTENANT --
ALLOCATE $29,000.
Mayor Clark: Item 37.
Commissioner Plummer: I'm going to move it, but I want to tell you something. I wonder what
small cities do, I really do. They don't have this kind of money to spend for a lieutenant's fire
exam. We are long out of concern about relating to a consent decree that we were asked by the
Justice Department to eliminate, and we're spending this kind of money with the Personnel
Department and the Civil Service Board to put on a lieutenant's exam for the Fire Department. I
think it's...
151 December 7, 1995
Mr. Cesar Odio (City Manager): You 'know, Commissioner...
Commissioner Carollo: Commissioner, I fully agree with that.
Commissioner Plummer: OIL. All right.
Commissioner Carollo: I think this is outrageous. I will vote against it. I don't care what I'm
told. I mean, twenty-nine thousand dollars ($29,000) to do an exam for just the lieutenant's
exam, I think we could do much better than that.
May or Clark: Is there a second to the motion? Do you second it, Willy?
Commissioner Plummer: You know, you got to do it. I mean, you have no choice at this
particular point.
Mayor Clark: Is there a second to the motion? I second the motion. Call the roll, Mr. Clerk.
it
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
'I.
I" RESOLUTION NO.95-874
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF
BOOTH RESEARCH GROUP, INC., TO DEVELOP AND IMPLEMENT A
CUSTOMIZED WRITTEN EXAMINATION AND JOB SIMULATION PROCESS
FOR THE CLASSIFICATION OF FIRE LIEUTENANT, CITY OF MIAMI, FLORIDA,
AT A TOTAL COST OF $29,000; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI FIRE -RESCUE DEPARTMENT GENERAL OPERATING
BUDGET, INDEX CODE NO. 280401-270; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH BOOTH RESEARCH GROUP, INC., IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
I,
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
ABSENT: None.
Mayor Clark: Thank you.
152 December 7,1995
.... ...................... ................. .....
40. AUTHORIZE PURCHASE OF ONE WHEELCHAIR -ACCESSIBLE VAN FROM DIAMOND MANUFACTURING (UNDER EXISTING CITRUS
COUNTY TRANSPORTATION BID NO. FOR 95-93) -- FOR DEPARTMENT
OF PARKS AND RECREATION -- ALLOCATE $44,346 FROM
DISABILITIES DIVISION FUNDRAISING PROGRAM.
Mayor Clark: Item 38, wheelchair vans. Is there a motion?
Commissioner Dawkins: Move it.
Commissioner Plummer: That's a good idea. That's good, that's good.
g g
Mayor Clark: Motion and a second. If there's no exception, Mr. Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-875
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) WHEELCHAIR
ACCESSIBLE VAN FROM DIAMOND MANUFACTURING UNDER AN EXISTING
CITRUS COUNTY TRANSPORTATION BID NO. 95-93, FOR THE DEPARTMENT
OF PARKS AND RECREATION, AT A TOTAL PROPOSED COST OF $44,346.00;
ALLOCATING FUNDS THEREFOR FROM THE DISABILITIES DIVISION
FUNDRAISING PROGRAM, ACCOUNT CODE NO. 580325-840, PROJECT NO.
110032; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
VEHICLE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
153
December 7, 1995
04
............................................. ------.......................................
41. ACCEPT BID: ACME GROUP, INC. ($64,608, TOTAL BID OF
PROPOSAL) -- FOR CITYWIDE LOCAL DRAINAGE PROJECT E-72, B-
5623 -- ALLOCATE FUNDS FROM CIP 352231(CONTRACT COST: $64,6080
ESTIMATED EXPENSES: $11,826.65, TOTALING $76,434.65).
Mayor Clark: Item number 40, is it?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Carollo: Second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-876
A RESOLUTION ACCEPTING THE BID OF THE ACME GROUP, INC., IN THE
PROPOSED AMOUNT OF $64,608.00, TOTAL BID OF THE PROPOSAL, FOR
"CITYWIDE LOCAL DRAINAGE PROJECT E-72, B-5623"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 352231, AS APPROPRIATED BY THE FISCAL
YEAR 1994-1995 CAPITAL IMPROVEMENT ORDINANCE, NO. 11205, AS
AMENDED, IN THE AMOUNT OF $64,608.00 TO COVER THE CONTRACT COST
AND $11,826.65 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $76,434.65; 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
154
December 7, 1995
42. AUTHORIZE MANAGER TO NEGOTIATE 'REVOCABLE PERMIT WITH
ISLAND DEVELOPMENT, INC. IN CONNECTION WITH EMPLOYEE
PARKING ON VIRGINIA KEY OR WATSON ISLAND. (See label 51)
Mayor Clark: Mr. Carollo, do you have any pockets?
Commissioner Plummer: I don't have any.
Mayor Clark: All right.
Commissioner Carollo: Pocket items?
r.
Mayor Clark: Yes, sir.
Commissioner Carollo: Yes, I do, Mr. Mayor. Thank you. Mr. Mayor, I have two pocket items
and some appointments that I need to make to boards, and clarifications that I need. Let me go
to the first pocket item, and let me read it. Commissioners, if you could listen to this, because,
you know, it's a resolution authorizing the City Manager to negotiate an execute a revocable
permit, subject to Legal Department approval, with Island Developers, Inc., for temporary
parking, not to exceed six months, on either Virginia Key or Watson Island. This is Fisher
Island, to put it plainly.
Mayor Clark: What is the parking system?
Commissioner Carollo: They need some parking permits, temporarily, that they will pay for, of
course, and what it will consist of... I mean, this would be something that would be something
that the City Attorney has to make sure is done in legal terms, and the Manager would agree on
the amount, and bring it back to the Commission, if need be. But if I may, Lucia is here. She
could give you a little more background information on this.
Mayor Clark: What are these? Automobiles or what? What are they?
Ms. Lucia Dougherty: Excuse me, sir. This is for employee parking.
Commissioner Carollo: Yeah.
Ms. Dougherty: To... Because there's so... There's about 300 employees that go back and forth
on the ferries, and they're trying, during the season only, until they find a permanent solution for
their parking problem.
Commissioner Plummer: How much are they going to pay us?
Ms. Dougherty: It's negotiable.
Commissioner Plummer: Well, that's fine, negotiable. Let me tell you something, Lucia. I have
no problem, except to this extent. One of the problems of being around here a while, when
Fisher Island was being built, and we allowed them - Mr. Manager, you remember? - to go from
the what we call the shrimp docks at Virginia Key?
155 December 7, 1995
Commissioner Plummer: We settled out of court with a woman who was the membership
committee chairman, who got her high heels stuck in one of the boards as she was trying to
board a boat, and this City bought off for something like seventy-five or eighty thousand dollars
($80,000) in settlement. Now, I think we're smart enough today to not let that happen again.
But I'm saying to you, I remember. And I think negotiable is fine. I think we're entitled to not
only a negotiated fee...
Commissioner Carollo: And insurance.
Commissioner Plummer: ... but I think we're entitled to make damn sure that where liability is
concerned, that this City is indemnified in every way that's possible, so that we don't have to be
embarrassed again...
Ms. Dougherty: Absolutely.
Commissioner Plummer: ... to where a woman gets her high heel stuck in a shoe.
Ms. Dougherty: We will insure it, we'll secure it, we'll have a security force out there at all
times, 24 hours a day, and we will also improve it to the extent that you want us to. But let me
say this to you. If we... Commissioner Carollo rightly said Virginia Key or Watson Island. If
we don't have to go to Virginia Key, it will save us twenty thousand dollars ($20,O00), you
know, a month, just on the ferry going back and forth. So if we can...
Commissioner Plummer That's fine. That's more money you can give to us.
Ms. Dougherty: Exactly. Exactly.
Commissioner Plummer: Yeah. The problem is... The problem is, Joe, that Virginia Key is not
being used at all, where Watson Island, you might have an eyesore, people complaining about...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: Oh, there's plenty of room on Virginia Key.
Ms. Dougherty: At the shrimp docks is where we would want.
Commissioner Plummer: If nothing more, you put it in Survival City. It's only a six -months
deal.
Vice Mayor Gort: I'll second the motion. They'll come back and let us know what they want to
pay.
Commissioner Plummer: Negotiate it.
jMayor Clark: All right. With no exception, cast a unanimous ballot. We've heard enough.
i
Ms. Dougherty: Thank you very much.
December 7, 1995
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO.95-877
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
REVOCABLE PERMIT WITH ISLAND DEVELOPMENT, INC. CONNECTION
WITH FISHER ISLAND EMPLOYEE PARKING ON VIRGINIA KEY OR WATSON
ISLAND, SUBJECT TO REVIEW BY THE CITY ATTORNEY. [Note for the record:
This motion was later clarified by the City Attorney stating that parking would only be
available on Virginia Key as on Watson Island it would be illegal.)
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------------
43. ALLOCATE $50,000 FOR THE FILM FESTIVAL OF MIAMI.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: The second one that I have, Mr. Mayor, is one that has been approved
throughout the years, and one, frankly, that I think has done a lot for the community, and this is
the Film Society of Miami, the Miami Film Festival. Approximately 33,000 attendees come for
the ten-day festival. You have approximately 4,500 out of -town -attendees. They stay at local
hotels.
Mayor Clark: How much is it?
Commissioner Carollo: About 3,000 of those are foreign attendees. And the economic impact
to the area is in excess of a million dollars. The amount that they are requesting is fifty thousand
dollars ($50,000), which is what has been issued, I believe, in the past.
Mayor Clark: Do you move?
Commissioner Carollo: I move, yes, sir.
} Mayor Clark: Second the motion.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION N0. 95.878
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000.00
FROM SPECIAL, PROGRAMS AND ACCOUNTS, IN SUPPORT OF THE MIAMI
FILM FESTIVAL, SAID ALLOCATING CONDITIONED UPON COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
! Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
i
158 December 7, 1995
44. (A)
APPOINT AMANCIO SUAREZ TO SERVE ON THE DOWNTOWN --
DEVELOPMENT AUTHORITY (DDA).
(B)
APPOINT HUMBERTO HERNANDEZ TO SERVE ON THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
(C)
APPOINT JAMES WELLINGTON AND RICHARD BUNNELL TO
SERVE ON THE WATERFRONT ADVISORY BOARD.
(D)
APPOINT LAEL SCHUMACHER AS THE MAYOR'S
REPRESENTATIVE TO THE BAYFRONT PARK MANAGEMENT
TRUST.
Commissioner Plummer: Mr. Mayor, the only pocket item that I have...
r
Mayor Clark:
Wait a minute, wait a minute, wait a minute.
Commissioner Plummer: I'm sorry.
Commissioner Carollo: Thank you, Mr. Mayor.
Mayor Clark:
Anything further?
Commissioner Carollo: This is not really a pocket item, but I guess it's a courtesy item. I need a
clarification from the City Attorney so I can make now, if I may, a couple of appointments. As I
understand it, with the exception of a handful of boards, all of the past appointees that fall upon
my position would have to resign now; is that correct or not?
Commissioner Plummer: They don't have to resign. They're just over. They're gone.
A. Quinn Jones, III, Esq. (City Attorney): No. They would be... They would be over. I mean,
the incoming...
Mr. Walter Foeman (City Clerk): The term would be terminated.
Mr. Jones: What happened, the City amended legislation last year, because of that very concern
with a new Commissioner coming in, that the new Commissioner be able to appoint his or her
choice on...
Commissioner Carollo: OK. So what...
Mr. Jones: And when you... They'll serve until you appoint...
Commissioner Carollo: Would it be appropriate, instead of serving until I appoint, can we... I
don't know if we would have to pass a resolution or it's just a request that all those people that
are serving until I appoint new ones, if they would resign now. I'll make a handful of
appointments now, and for the next meeting, make the bulk of the rest of them, hopefully.
Commissioner Plummer: Just leave them empty.
Mayor Clark: I think, Joe, there's somebody - the Attorney or the Manager - who should notify
these people.
159 December 7, 1995
T0144
Commissioner Carollo: Of course. This is why I'm asking the City Attorney to guide me in the
proper procedure.
Mr. Jones: Well, what we can do, a notice can be sent to them saying that their term is up.
However, there is case law which suggests - which not only suggests - it says that they serve
until the successors are chosen.
Commissioner Carollo: OK. Well, I'll go along with your description of that, but even though,
obviously, I'm far from being an attorney, I somehow disagree with that, and I'm going on some
other things that have happened in the past. But in the meantime, how can I go about in naming
right now some people to about three boards?
` Commissioner Plummer: Proffer the names.
Mr. Jones: Yeah. Just... And we...
Commissioner Carollo: OK. For the Downtown Development Authority, out of one of my
appointments, I would like to name Amancio Suarez.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot. Go ahead.
Mr. Jones: Commissioner, I didn't get the first name.
Commissioner Carollo: Amancio Suarez.
Mr. Jones: Amancio?
Commissioner Carollo: Yes.
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO.95-879
A MOTION APPOINTING AMANCIO SUAREZ TO THE DOWNTOWN
DEVELOPMENT AUTHORITY.
(Note for the Record: Mr. Suarez was nominated by Commissioner Carollo.)
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Carollo: For the Sports and Exhibition Authority, to replace - I believe his name
is Richard Albano?
160 December 7, 1995
t
Mr. Cesar Odio (City Manager): Ken Albano.
Commissioner Carollo: Oh, Ken Albano, or something Albano. I don't know the gentleman. I
just met him last week. I would like to replace him with Humberto Hernandez.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.95-880
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
r MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY, FILLING AN
UNEXPIRED TERM ENDING MAY 5, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by. the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: You have one more.
Commissioner Carollo: For the...
Commissioner Dawkins: You got two more.
Commissioner Carollo: Right, but I'm only make one and one now. OK. He's telling me to
wait a second here.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: Yeah, yeah.
Mayor Clark: Go ahead, Joe.
Commissioner Carollo: Then for the Waterfront Board, I have two appointments to make. I
would like to name James Wellington and Richard Bunnell.
Commissioner Dawkins: Second.
161 December 7,1995
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.95-881
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS EXPIRING
MAY 5, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
i Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Joe, have you got your appointment for either the ITB (International
Trade Board) or for Bayfront Park?
Commissioner Carollo: No. Nor do I have my appointments for the other 30-plus boards and
approximately 100 people that I have to name.
Mayor Clark: Well, you can work on it, Joe. You can get it done.
Commissioner Carollo: I have to, Steve.
Commissioner Plummer: No, no, I'm just...
Commissioner Carollo: I've probably got about 400 people to interview for those positions.
Commissioner Plummer: OK. No, the only reason I'm asking is I'm having a problem at
Bayfront Park, in particular.
Commissioner Carollo: Yeah. Willy knows what I'm talking about. He went through it two
years ago, so...
Commissioner Plummer: All right. Mr. Mayor, would you please make your appointment to the
Bayfront Park,
Mr. Odio: He did.
Commissioner Plummer: You already did?
Mayor Clark: No, I haven't. I haven't had...
162 December 7, 1995
Commissioner Plummer: I got the memo, but you've got to do it on the record.
Mayor Clark: I have to do this on the record. Leal Schumacher, and I have to have four fifths
vote.
Commissioner Plummer: And I second it.
Commissioner Carollo: Third it.
Mayor Clark: Call the roll.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.95-882
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION WAIVING THE RESIDENCY
REQUIREMENTS CONTAINED IN SECTION 2-428 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, FOR LAEL SCHUMACHER WHO IS
HEREBY APPOINTED AS MAYOR STEPHEN P. CLARK'S REPRESENTATIVE
TO THE BAYFRONT PARK MANAGEMENT TRUST, FOR A TERM EXPIRING
MAY 4, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------
45. ALLOCATE $50,000 TO THE PHILHARMONIC ORCHESTRA.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might... I'm sorry. I didn't know
whether you'd finished your pockets.
Commissioner Plummer: I'm not. Mr. Mayor, if I may, in the like ways, it has been brought to
most of the members of this Commission's attention that there is a major, major problem with
the Philharmonic in this City. If we don't do something here to show our support, there's a good
chance we're going to lose it. And if we're going to be a first class community, I would move at
this time, the same as what we have done for the Film Festival, that we do for the Philharmonic...
163 December 7, 1995
A
Mayor Clark: Second your motion. Second your motion.
Commissioner Carollo: I second the motion.
Commissioner Plummer:... to keep it in this community.
Commissioner Carollo: I second the motion.
Mayor Clark: Fifty thousand.
Commissioner Plummer: Yes, sir.
Mayor Clark: All right. Cast a unanimous ballot, Mr. Clerk, if there's no exception.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.95-883
A MOTION ALLOCATING $50,000 TO THE PHILHARMONIC.
Upon being seconded by Commissioner Carollo, the motion was passed and adopted by
the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
----------------------------------------------------------------------------------------------------------------
46. ALLOW NORTHWESTERN HIGH SCHOOL TO USE ORANGE BOWL AT
COST OF $1,000.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Dawkins, you have the floor.
Commissioner Dawkins: The only thing I have is that the Northwestern High School is in the
semifinals for the State championship.
Mayor Clark: Boy, they're playing well.
Commissioner Dawkins: Not knowing that they were going to get there, they've tried the
Orange Bowl - I mean Joe Robbie Stadium, and other places, and they're desirous of using the
Orange Bowl. The Orange Bowl told me that they couldn't use it, and now, the Orange Bowl
told them they can use it. But they are... They need to waive the fees. We cannot waive the seat
charge. Is that correct, Mr. Manager?
Commissioner Plummer: Is there some other way to approach it?
164
December 7,1995
Commissioner Dawkins: So... But we can make adjustments on other things.
Mr. Cesar Odio (City Manager): I would suggest we charge them a minimum of a thousand
dollars ($1,000), and that's it.
Commissioner Dawkins: OK. I so move.
Commissioner Carollo: Second the motion.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-884
A RESOLUTION ESTABLISHING A SPECIAL FLAT FEE OF $1000 FOR USE OF
THE ORANGE BOWL STADIUM BY NORTHWESTERN HIGH SCHOOL FOR THE
STAGING OF THE 1996 SEMIFINALS FOR THE HIGH SCHOOL FOOTBALL
STATE CHAMPIONSHIP; SAID SPECIAL FEE CONDITIONED UPON THE
ORGANIZERS: (1) OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND
(2) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
CHere follows body of remolutionj omitted here Find on file in the ®ffiee of the City
lerk.)
mmissioner Carollo, the resolution was passed and adopted
Upon being seconded by Co
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
I; Commissioner Dawkins: Thank you, Mr. Mayor.
165
December 7, 1995
ME
........................ .......------------......------.._..............------------------.....................
47. CLASSIFY 3 CITY OF MIAMI TRUCKS / ANCILLARY EQUIPMENT AS
CATEGORY "A" SURPLUS STOCK (WHEN AVAILABLE) -- DONATE TO
AMMAN, JORDAN, SISTER CITY.
Mayor Clark: All right. I would like... I have a pocket item here. We have a great relationship
now the Amman, Jordan. On my last trip there, I met with the King, a very fine man, and now
they've come to a lot of understanding of peace and tranquility with Israel, which is very
important to me and to all this community. And they are desirous of three surplus trucks, and
other equipment.
Commissioner Plummer: Move it - second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.95-885
A RESOLUTION CLASSIFYING THREE (3) CITY OF MIAMI TRUCKS AND
ANCILLARY EQUIPMENT AS CATEGORY "A" SURPLUS STOCK, SHOULD
SUCH TRUCKS AND ANCILLARY EQUIPMENT BECOME AVAILABLE;
STIPULATING THAT IN SUCH CASE, SAID SURPLUS STOCK SHALL BE
DONATED TO AMMAN, JORDAN, A SISTER CITY OF MIAMI, SUCH
DONATION TO BE VALID AND EFFECTIVE BETWEEN DECEMBER 7, 1995
AND DECEMBER 6, 1996; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE APPROPRIATE RELEASE DOCUMENTS AND FURTHER STIPULATING
THAT ALL TRANSPORTATION, PACKING AND SHIPPING COSTS WILL BE THE
SOLE RESPONSIBILITY OF SAID RECIPIENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
December 7, 1995
_...... .................................................................................................�----
+48. ESTABLISH CHARGES / TERMS/ CONDITIONS FOR USE OF ORANGE
BOWL STADIUM BY SOUTH FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996, INC. -- FOR PRESENTATION OF 1996 SUMMER
OLYMPIC SOCCER GAMES (JULY 20-28, 1996) -- CITY TO BE
REIMBURSED IF PROFITS ARE REALIZED.
Mayor Clark: Now, I have another one here that's very important. We have...
s.
Commissioner Plummer: The Soccer...
Mayor Clark:... the Soccer Organization Committee. What do they need?
Commissioner Plummer: Do they use Virginia Key?
Mayor Clark: Have you been out...
Mr. Cesar Odio (City Manager): On the soccer, sir, they need...
Mayor Clark: Joe, have you been to the Orange Bowl since we've opened it up for soccer. You
ought to see it.
Commissioner Carollo: I'm not appraised of what they want, Steve. In fact...
Mayor Clark: No, it's not that. What we did, we went in and we... Now we can accommodate
pro soccer.
Commissioner Carollo: In fact, I would need a clarification from the City Attorney, if, even by
me voting on this would be a conflict of interest of not. I don't know.
A. Quinn Jones, III, Esq. (City Attorney): I'm sorry, Commissioner. Unless you have a
financial interest in the outcome, then...
Commissioner Carollo: None whatsoever. I'm just the Chairman of the Sports Authority. That
doesn't pay me even a quarter more.
Mayor Clark: No, that wouldn't be a problem.
Commissioner Plummer: Well, but what are we trying to accomplish here?
Mr. Odio: OK. Let me read the resolution.
AT THIS POINT, THE CITY MANAGER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
E Mayor Clark: All right.
167 December 7,1995
Commissioner Plummer: Well, let me ask a question. Who is this organization? Do we know
who they are?
Mr. Odio: They name out of the Orange Bowl Committee. Basically, it's the Orange Bowl
Committee.
Mayor Clark: And that's to include the parking, also.
Mr. Odio: Yes, sir.
Commissioner Plummer: OK. Mr. Mayor, I think it's...
Mayor Clark: I'll move it.
r. Commissioner Carollo: I second it for the purpose of discussion.
Commissioner Plummer: I'll second it, but I think a proviso, in here, that if any profit is made
whatsoever, that the City have the right to recoup its involvement at any dollar of any profit that
is made.
Mayor Clark: That's no problem.
Commissioner Plummer: I think that's only fair.
- Mayor Clark: That fair enough?
Commissioner Carollo: The only point I want to make, Mr. Mayor, is that what was faxed to me
i by Bill Perry, our Executive Director in the Sports Authority, didn't include the lease and...
Well, it didn't include parts of the lease, and out of the parts of the lease that were faxed, that
started at page 11, it did not include the terms and conditions. So I don't know if we should
clarify that, or if maybe in your packet it had it or not, and I just want to point that out as a point
of information.
Mayor Clark: Do you have a copy of this, Commissioner?
Commissioner Plummer: Mr. Carollo, let me bring to your attention...
Mayor Clark: Let me give you a copy of this.
Commissioner Plummer:... it's something that I can't do off of the record. Joe.
Commissioner Carollo: Yes, sir.
Commissioner Plummer: Joe, the final day of the proposed soccer, Olympic Soccer, coincides
and hits head on with the same day of the City of Miami 100th birthday, and that's July the 28th.
I had brought to your previous counterpart the problems that could be incurred by this. What
we're asking of you and of the Sports Authority is that whatever you can do to keep down any
conflict between the two celebrations of that day, that you do such.
Commissioner Carollo: Well, I...
i Commissioner Plummer: Well, you can't joint them. I'd like to be able to, if it could, but it's
just not in that scenario.
168 December 7,1995
a
Commissioner Carollo: That's very unfortunate that we have that situation.
Commissioner Plummer: I just wanted to bring it to your attention.
Commissioner Carollo: I was not appraised of that, J.L.
Commissioner Plummer: OK.
commissioner uarono: Ana...
Commissioner Plummer: I can't change the date of the Centennial.
Mayor Clark: But he'll try, J.L. He'll try.
Commissioner Carollo: That fact is, you know that... You know, that was something that was
done before I came on.
{
Commissioner Plummer: I hear you.
Commissioner Carollo: So let's see what we could do, if anything. But as you know, if they've
put those dates on board. I don't know if they could change it now. We'll try.
Commissioner Plummer: No, no, no. I'm not asking... Joe, we've already been through the fact
they cannot change them. Television is the one who has established that. All I'm saying is that I
think that you might be able to establish times that are not in conflict.
Commissioner Carollo: Well, let's see if we can do that.
Commissioner Plummer: Just be aware.
Commissioner Carollo: I'll talk to Billy Perry and see if we could work through it the best way
we can.
Commissioner Plummer: Just be aware.
1
i,
jj
i
169
December 7, 1995
RESOLUTION NO. 95-886
A RESOLUTION WAIVING THE FEE FOR USE OF THE ORANGE BOWL
STADIUM BY SOUTH FLORIDA SOCCER ORGANIZING COMMITTEE FOR 1996,
INC. (THE ORGANIZERS), FOR PRESENTATION OF THE 1996 SUMMER
OLYMPIC SOCCER GAMES TO BE HELD JULY 20-28, 1996; SAID WAIVER
SUBJECT TO THE FOLLOWING CONDITIONS: (A) THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE, (B) IN THE EVENT ANY PROFITS ARE
REALIZED FROM THE PRESENTATIONS OF THE 1996 SUMMER OLYMPIC
SOCCER GAMES, THE ORGANIZERS SHALL PAY TO THE CITY THE USE FEE
BEING WAIVED HEREIN; AUTHORIZING THE CITY MANGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID ORGANIZERS FOR THIS PURPOSE.
(Here follows body of resolution, emitted 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 Miller J, Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--- -- - -------------------------------------------------------------------------------------------------
49. ACCEPT BID: ATLANTIS CONSTRUCTION -- FOR FURNISHING /
INSTALLATION OF BLEACHERS ON CONCRETE SLABS AT DORSEY
PARK (FOR DEPARTMENT OF PARKS & RECREATION) -- ALLOCATE
$14,750 FROM CIP 331357.
Mayor Clark: All right. Now, Mr. Gort, you have the floor.
Vice Mayor Gort: I have two pocket items.
Commissioner Plummer: Oh, no.
170 December 7, 1995
1
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Vice Mayor Gort: One is from the Parks Department, that you have in front of you, that they
would like to get a resolution.
Commissioner Plummer: Is this on Dorsey? On Dorsey?
Vice Mayor Gort: Yes. Sir, would you like to?
Mr. Wally Lee: It's just a straightforward bid for bleachers at Dorsey Park for fourteen thousand
seven hundred and fifty ($14,750). It's to a company named Atlantis Construction.
Commissioner Plummer: Move it.
[, Vice Mayor Gort: Move it.
f
} Commissioner Plummer: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.95-887
A RESOLUTION ACCEPTING THE BID OF ATLANTIS CONSTRUCTION FOR
THE FURNISHING AND INSTALLATION OF BLEACHERS ON CONCRETE
SLABS AT DORSEY PARK FOR THE DEPARTMENT OF PARKS AND
RECREATION, AT A TOTAL PROPOSED AMOUNT OF $14,750.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT
NO. 331357, INDEX CODE NO. 589301-860; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
f AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
........................ .. . .. ...... . . .. .. .. ----_........--
50. AUTHORIZE MANAGER TO EXECUTE AGREEMENTS WITH: (1) NEW
WORLD CENTER FOUNDATION, INC. (d/b/a DOWNTOWN MIAMI
COMMUNITY DEVELOPMENT COALITION, INC.) AND WEST BRICKELL
APARTMENTS, LTD.; (2) FLORIDA HOUSING FINANCE AGENCY; AND
(3) WEST BRICKELL APARTMENTS, LTD. -- TO FINALIZE FINANCING
FOR DEVELOPMENT OF 130 UNITS OF AFFORDABLE HOUSING AT S.W.
10 STREET AND S.W. 2 AVENUE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What else, Willy?
Vice Mayor Gort: And the other pocket item, as you recall, we had that affordable housing
apartment building that we finally got it closed on December the 26th. I just got this the other
day. It was passed to you somewhere in there. And I apologize, but we just had the meeting
yesterday.
Commissioner Plummer: I invoke the rule.
Vice Mayor Gort: The CDBG (Community Development Block Grant). And this is a resolution
asking - you got in back of it, the total cost of the apartment buildings, and the request for
transfer of property within... which we'll acquire with the CD Block Grant funds to a wholly -
owned subsidiary of the CDC (Community Development Coalition) would be the developer of
the entire 130 units of affordable housing project.
Mayor Clark: Mr. Attorney, do you have this?
Commissioner Plummer: Willy, I don't have it.
Mr. Jones: Yeah, I think it was...
Commissioner Carollo: I have a copy here, Willy.
Mr. Jones: I was just given a copy of it.
r
f Commissioner Carollo: Has the City Attorney, City Manager, gone through this to approve it?
J If it's fine with them, it's fine with me. But it's... You know...
Vice Mayor Gort: It was drafted by...
Commissioner Carollo: It's kind of Chinese to me. I'm not familiarized with this.
Vice Mayor Gort: It was drafted by the City Attorneys.
Commissioner Carollo: OK.
t;
Mayor Clark: Mr. Jones.
? Mr. Jones: Which one are you talking about, Commissioner? I'm sorry. I had two pockets here.
Vice Mayor Gort: The Brickell. The Brickell Avenue Apartment that we received the loan from
the City for six hundred thousand dollars, and total cost of the project is about ten million. It's
172 December 7, 1995
y.
the C]DBG, the downtown CDBG is building 130 affordable housing apartment building on
Northwest 2nd = I mean Southwest 2nd Avenue and 9th Street. The Old United Way property,
remember?
Commissioner Plummer: Whoa, whoa, whoa. Holdup. Holdup. I have to ask some questions,
Willy, I'm sorry.
Vice Mayor Gort: Go ahead.
Commissioner Plummer: What does the Homeless Trust have to do with this?
Vice Mayor Gort: They gave funding for that. It's part of the funding for that building.
Commissioner Plummer: Is this...
Vice Mayor Gort: No, it isn't. It's only...
Commissioner Plummer:... in any way, shape or form, going to be a homeless facility?
Vice Mayor Gort: No, it's not. It's affordable housing for the neighborhood. Our commitment
is for 30 percent of the apartments to be integrated.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: Anything I see Homeless Trust on, I... I just can't bring my... I mean,
I don't trust them.
Mayor Clark: Yeah.
Commissioner Carollo: Where will this be going at again?
Vice Mayor Gort: This would be on Northwest 2nd Avenue and...
Commissioner Dawkins: Overby Wendy's.
Vice Mayor Gort: ... I mean Southwest 2nd Avenue and 30th Street.
,i
Commissioner Dawkins: By Wendy's. By Wendy's.
Vice Mayor Gort: By the...
Commissioner Dawkins: Wendy's.
Vice Mayor Gort: ... the new Publix.
Commissioner Carollo: Second Avenue and 30th Street. OIL.
Vice Mayor Gort: Where the old United Way used to be.
Commissioner Plummer: Oh, that's... No, that's southwest.
Vice Mayor Gort: Where the old United Way site used to be. South.
Commissioner Carollo: Yeah, I see. Yeah, yeah. That's a good area for that.
i
173 December 7, 1995
i
Commissioner Plummer: Who is the Downtown Miami Community Development Coalition?
'ice Mayor Gort: That's the CDBG that was created in Downtown Miami in order to bring
housing into downtown, and this is considered the Brickell West Project. I'm the Chairperson of
that CDBG, I mean CDC.
Mayor Clark: OK.
Commissioner Plummer: That's a big item to bring up on a pocket.
Commissioner Dawkins: Well, I voted for it before, Willy. I guess I'll have to go with it, then.
But you didn't have "Homeless Trust" on it then.
Vice Mayor Gort: Yes, I did. We always did, sir.
Commissioner Dawkins: No, sir.
Vice Mayor Gort: OK. Well, I'll bring you a copy of the contracts and all the agreements that
we have.
Commissioner Dawkins: No. When I voted for this, you didn't have anything in front of us.
Remember?
Commissioner Plummer: All right. Well, I tell you what. I'll vote for it with a 72-hour
provision.
Vice Mayor Gort: Sure.
Commissioner Plummer: OK?
Vice Mayor Gort: OK.
Commissioner Plummer: If no objection within 72 hours, it's approved. If I go over it and
there's any questions...
Mayor Clark: All right, call the roll. Call the roll, Mr. Clerk.
Mr. Walter Foeman (City Clerk): I need a seconder, Mr. Mayor.
Commissioner Plummer: I'll second it.
ICommissioner Dawkins: I'll second it. It don't make any difference.
174
December 7, 1995
WE
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.95-888
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE CERTAIN AGREEMENTS, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH (1) NEW WORLD CENTER FOUNDATION, INC. DB/A
DOWNTOWN MIAMI COMMUNITY DEVELOPMENT COALITION, INC. AND
WEST BRICKELL APARTMENTS, LTD., (2) FLORIDA HOUSING FINANCE
AGENCY, AND (3) WEST BRICKELL APARTMENTS, LTD. FOR THE PURPOSE
OF FINALIZING THE FINANCING FOR THE DEVELOPMENT OF ONE
HUNDRED THIRTY (130) UNITS OF AFFORDABLE HOUSING ON THE
PROPERTY LOCATED AT SOUTHWEST 10TH STREET AND SOUTHWEST 2ND
AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
--- --------------------------------------------------- -- -
51. (Continued discussion) BRIEF COMMENTS BY CITY ATTORNEY
CONCERNING REVOCABLE PERMIT WITH ISLAND DEVELOPMENT,
INC. IN CONNECTION WITH EMPLOYEE PARKING, STATING THAT
PARKING ONLY TO BE ON VIRGINIA KEY AS ON WATSON ISLAND IT
WOULD BE ILLEGAL. (See label 42)
Mayor Clark: Anything else?
Mr. Cesar Odio (City Manager): Yes, sir, I have one. I have one.
Commissioner Plummer: The City Attorney has got a problem over here.
Mr. Odio: I have a pocket item.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner... Mr. Mayor and Commissioner
Carollo, on the item dealing with the revocable permit you wanted for, I think, either Watson or
Virginia Key, it will have to be Virginia Key, because there is an expressed prohibition in 29-C...
175 December 7, 1995
Commissioner Carollo: Well, that's why I said either one, because if I remember from years
back, I thought there was something there on that.
Commissioner Plummer: Yeah. Some guy by the name of Carollo passed an amendment around
here.
Commissioner Carollo: Yeah. Well.
Mayor Clark: OK. What else?
--------------------------
52. GRANT WAIVER OF NOISE ORDINANCE UNTIL 2:00 A.M. FOR FILMING
OF MOVIE "BLOOD AND WINE" IN COCONUT GROVE.
-------------�------------------------------------------------------------------------------------------------
Commissioner Dawkins: The Manager said he needs something.
Mayor Clark: What do you have?
Mr. Cesar Odio (City Manager): I have a... Just to waive the noise ordinance for three nights in
Coconut Grove for the filming of the movie, "Blood and Wine."
Commissioner Dawkins: Move it.
Mr. Odio: It's a Jack Nicholson movie.
Commissioner Plummer: Excuse me.
Mayon Clark: Cast a unanimous ballot.
Commissioner Plummer: Excuse me. Before you run into that, what... How late? I'm not
going to allow it till three or four o'clock in the morning.
Mr. Odio: Sir, this is not in your neighborhood. The neighbors have agreed to it.
Commissioner Plummer: Sir, I'm going to have the phone calls from the neighbors. Now, what
time?
Mr. Odio: It will be going until twelve o'clock or one o'clock at night.
Commissioner Plummer: Maximum, one o'clock.
Mr. Odio: Or two o'clock, two o'clock.
Commissioner Carollo: Give the guy a party. He'll... You know, he'll be happy. He'll move it.
Commissioner Plummer: No, no, no. Joe, you don't... Let me tell you, I get enough from
Vizcaya.
Mr. Odio: Make it two o'clock.
Commissioner Plummer: Two o'clock. Let it be known.
176 December 7, 1995
Commissioner Carollo: Where is it going to be held at?
Mr. Odio: On the South Grove, way away from where he lives.
Commissioner Carollo: I want to go see J.L. in action. Whereat?
Commissioner Dawkins: OK. Just...
Mayor Clark: If there's no exception, cast a unanimous ballot.
Vice Mayor Gort: What part are you going to give him?
Commissioner Dawkins: J.L.
Commissioner Carollo: I want to see the new J.L.
Commissioner Plummer: Yeah, right.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-889
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY ACTION IN DECLARING AN EXEMPTION FROM
THE PROHIBITIONS CONTAINED IN SECTION 36-4(a) OF THE CITY CODE (THE
"NOISE ORDINANCE") FOR DATES SPECIFIED HEREIN IN CONNECTION WITH
THE FILMING OF CERTAIN ACTION SEQUENCES FOR THE FEATURE LENGTH
FILM ENTITLED: "BLOOD AND WINE".
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
177
December 7, 1995
i
f�
Commissioner Carollo: Yeah, I'll move it, if you need a resolution.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 95-891
A RESOLUTION AUTHORIZING THE CITY MANGER TO SOLICIT BIDS, IN THE
MOST EXPEDITIOUS MANNER, FOR ORANGE BOWL MODERNIZATION
WORK TO BE DONE IN PREPARATION FOR THE PRESENTATION OF THE 1996
SUMMER OLYMPIC SOCCER GAMES; SAID BIDS TO BE PRESENTED TO THE
CITY COMMISSION FOR APPROVAL AT THE JANUARY 25, 1996 COMMISSION
MEETING.
(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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayer Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: The meeting on January the 25th, they have to have a time specific.
The morning meeting is at nine. The afternoon starts at two.
Mayor Clark: All right. Now, what's the next date of the meeting here?
f Commissioner Dawkins: That's... No more, no more.
Commissioner Plummer: I'm sorry. The morning meeting is at nine. The afternoon meeting is
at four -thirty.
Mayor Clark: Yeah, we have another meeting.
180 December 7, 1995
in
{
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Commissioner Dawkins: No. We only have one in December.
Mayor Clark: In December?
Commissioner Dawkins: Only one.
Mayor Clark: There are no further meetings in December?
Commissioner Dawkins: No, no, no. We only had one, man.
Commissioner Plummer: What? Sir, we don't meet again until January the 25th.
Commissioner Carollo: Mr. Manager, are you sure that with the items that we'll be discussing
on the 25th, that there is going to be ample time to have everything in one day?
{. Mr. Odio: Yes, sir.
Commissioner Carollo: OK. Please. I mean, that's the one thing we have to be sure, if we're
going to have meetings in one day, that we spread out the items enough so that if there are
items - dike today - that took a lot of time, that, you know, we can finish it in one day.
Mr. Odio: I just don't foresee any items for January that are complicated.
Commissioner Carollo: Good. Great. I... You know...
Commissioner Plummer: No, no. I checked with him first about the zoning, because that's
usually what takes up all the time.
Commissioner Carollo: Yeah. Well, that's why I'm asking him.
Mr. Odio: Zoning is different. Zoning is not that complicated.
Ms. Christina Cuervo (Assistant City Manager): No. We don't have that many items.
Mr. Odio: No.
----------------------------------------------------------------------------------------------------------------
54. MAYOR CLARK READS LETTER FROM MIRIAM ALONSO WISHING
HIM A SPEEDY RECOVERY. (See label 3)
Vice Mayor Gort: We're going on break shortly.
Commissioner Dawkins: OK. What we got?
j Commissioner Plummer: We have nothing until four -thirty.
Commissioner Dawkins: Fourth -thirty? God bless the generous.
Mayor Clark: Wait a minute. Let me read a letter into the record.
Commissioner Dawkins: Go ahead. Hold it.
181
December 7, 1995
Commissioner Plummer: What?
Mayor Clark: Just relax a minute.
"This morning, while watching the City Commission on TV, I heard you
denounce some persons, including former opponents, who had been circulating
rumors that you are going to resign, due to the state of your health, during the
course of today s meeting. As a former political opponent, I feel compelled to
advise you that I have not in the past, and will t ' e
y p 11 no m the future, comment on the
�. state of health and any other matter pertaining to your ability to properly
discharge the duties of your office. As a matter of fact, on November the 29th,
1995, while participating in a radio talk show, I was asked by a listener if I had
plans to run for Mayor of the City of Miami, in view of your imminent
resignation due to illness. My reply was clear and unequivocal. I thought it was
in poor taste to bring up such a distasteful suggestion, and went on to say that the
election for Mayor of the City of Miami is in 1997, and extended my sincere
wishes to you and your family for your speedy recovery. I hereby reiterate that I
wish you a speedy recovery. By this means I join you on the record of
denouncing such despicable conduct, and call for the absolute cessation of further
comments upon the state of your health, and your ability to carry on your mayoral
duties in direct result thereof. Respectfully yours, Dr. Miriam Alonso."
Thank you, Miriam. And I want to tell you, I'm a tough Irishman, and we'll be there.
THEREUPON THE CITY COMMISSION WENT INTO RECESS
AT 4:O6 P.M. AND RECONVENED AT 4:32 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION, EXCEPT VICE
MAYOR GORT, 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.
182 December 7, 1995
rrPl
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 7th day of December, 1995, the City Commission of Miami, Florida, met at its
regular meeting place in the City Mall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 4:32 p.m. by Mayor Stephen P. Clark with the
( following members of the Commission found to be present:
f Mayor Stephen P. Clark
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT:
Vice Mayor Wifredo Gort
ALSO PRESENT:
Christina Cuervo, Assistant City Manager
Joel Maxwell, Deputy City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
----------------------------------------------------------------------------------------
55. CONTINUE (TO JANUARY 25TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION CONCERNING APPEAL OF DENIAL
REGARDING CONSTRUCTION / INSTALLATION OF A CELLULAR
{ COMMUNICATIONS FACILITY (PERMIT NO. 95-0011597) AT 8425
BISCAYNE BOULEVARD. [Applicant(s): T.N.A. Palms, Inc.
(Owners)/BellSouth Mobility, Inc. (Lessee). Appellant(s): BellSouth Mobility,
Inc..]
----------------------------------------------------------------------------------------------------------------
I Mayor Clark: We have a quorum present. Let's pay attention here. We have one request, one
I ; request so far for a deferral. Mr. Helfman. Please.
Commissioner Plummer: Are we on the regular Zoning?
Mayor Clark: Yes, sir. Yes, sir, Mr. Helfman.
Mr. Stephen Helfman: Yes. I'm Stephen Helfman, P p 2665 South Bay shore Drive. Item PZ-2 on
your agenda, I'd like to request an additional deferral to your next Zoning meeting. We...
183 December 7, 1995
Commissioner Plummer: Is there anyone here in objection, PZ-2? Is there anyone here in
objection? Seeing no one in... Are you in opposition? Have you got a problem with the next
meeting, putting it off till the next meeting?
Unidentified Speaker: Yeah, we want to continue it.
Commissioner Plummer: Let the record reflect that the one objector said he had no objections to
putting it off till the next meeting. I so move, Mr. Mayor.
Mayor Clark: Is there a second? Joey, do you second it?
Commissioner Carollo: Yes.
Mayor Clark: All in favor, signify by saying "aye," till the next meeting.
The Commission Collectively: Aye.
Mayor Clark: Cast a unanimous ballot for those present.
Commissioner Plummer: January 25th, after four -thirty.
Mr. Helfman: Thank you.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER CAROLLO, ITEM PZ-2 WAS CONTINUED
TO THE COMMISSION MEETING OF JANUARY 25, 1996, BY
THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None
} ABSENT: Vice Mayor Wifredo Gort
--- -- ------------ -----
56. GRANT SPECIAL EXCEPTION TO ALLOW ACCESSORY SURFACE
PARKING FACILITY AT 3755-3761 S.W. 1 STREET, IN CONJUNCTION
WITH A COMMERCIAL OFFICE BUILDING AT 3746-3750 W. FLAGLER
STREET (ZONED R-1 SINGLE-FAMILY RESIDENTIAL AND SD-12
BUFFER OVERLAY DISTRICT), WITH CONDITIONS. (Applicant(s):
Nicolas Estrella for Star Casualty Insurance Co.]
I----------------------------------------------------------------------------------------------------------------
+ Mayor Clark: Item number 1.
Ms. Christina Cuervo: Item number 1 is a special exception, Mayor.
Commissioner Plummer: Is there anyone here in opposition? Is there anyone here in
opposition? Let the record reflect that the City - Building, Planning and Zoning - has moved for
184 December 7,1995,
r 1
approval, and there. is no recommendation from Historic or Plat and Street, and no one in
objection. I so move for approval.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor.
Mayor Clark: Yes. Give your name for the record, please.
Vicky Leiva, Esq.: My name...
Mr. Maxwell: I would ask that the motion include a covenant that's been proffered by the
applicant.
Commissioner Plummer: As so required.
Mayor Clark: Yes, sir. Your name for the record, please.
Ms. Leiva My name is Vicky Leiva. I'm here on behalf of the applicant, with offices at 701
Brickell Avenue.
NOTE FOR THE REGARD: Vice Mayor Gort entered the
Commission ChamBers at 4:33 p.m.
Commissioner Plummer: We've done 1 and 2.
Mayor Clark: There's a motion and a second to approve as presented, with the proper addition
of the covenant. Right, Mr. Attorney?
Mr. Maxwell: Yes, sir.
Mayor Clark: All right.
Ms. Leiva: Mr. Mayor, may I also add that this comes to you with a resolution from the
Homeowners' Association, fully in support of the project.
I
Mayor Clark: All right.
Ms. Leiva: As well as a letter from all the property owners on that block supporting the project.
Mayor Clark: Leave that with the Clerk, will you.
Ms. Leiva: There you are. Thank you.
Mr. Walter Foeman (City Clerk): Thank you.
Commissioner Plummer: This is 1. Two was deferred. This is 1.
Mayor Clark: Is there a second?
Commissioner Plummer: What is... I made the motion.
Mayor Clark: Yes, I know you did. Second?
185 December 7,1995
Vice Mayor Gort: (Indicating in the affirmative.)
Mr. Foeman: He's the seconder.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-892
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION PURSUANT TO THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, SD-12 SPECIAL
BUFFER OVERLAY DISTRICTS, TO ALLOW AN ACCESSORY SURFACE
PARKING FACILITY AT 3755-3761 SOUTHWEST FIRST STREET, MIAMI,
FLORIDA, ZONED R-1 SINGLE-FAMILY RESIDENTIAL AND SD-12 BUFFER
OVERLAY DISTRICT, IN CONJUNCTION WITH A COMMERCIAL OFFICE
BUILDING LOCATED AT 3746-3750 WEST FLAGLER STREET, MIAMI,
FLORIDA, SUBJECT TO (A) A RECORDED COVENANT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, (B) THE REQUIREMENT THAT THE
TWO CBS WALLS BE FINISHED AND PAINTED ON BOTH SIDES, AND (C) A
TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
1 Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
186
December 7, 1995
►......►WYY►Y►►iY►i................................. ..►......►►►►►►►►►......►.►►►►.►►►►►►►►►I.►►►►►► .......
57, DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION CONCERNING APPEAL OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF EXISTING
CARPORT AT 91-93 N.E. 42 STREET. [Applicant/Appellant: Claudette
Nelson.]
Mayor Clark: Item number 3.
Commissioner Dawkins: Item 3 or 2?
Mayor Clark: Three. We just...
Ms. Christina Cuervo (Assistant City Manager): Mr. Mayor, members of the Commission, item
3. Item 3. Item 2 has been continued.
Mayor Clark: Two was deferred, Mr. Dawkins.
Commissioner Dawkins: Two was deferred? Thank you, Mr....
Ms. Cuervo: It's been continued.
Commissioner Dawkins: Thank you.
Commissioner Plummer: Who's the applicant on 3? Is the applicant here on 3?
Ms. Sarah Eaton: Yes. This is an appeal of a decision of the Historic and Environmental
Preservation Board, which denied an application for the retention of a carport that was installed
without a permit.
Commissioner Dawkins: What is the recommendation of staff?
z Ms. Eaton: Staff recommends that the appeal be denied, and the decision of the Historic and
Environmental Preservation Board be affirmed.
i Commissioner Dawkins: What staff... What is the recommendation of the City Manager's staff?
Ms. Cuervo: We're recommending that we... That the decision... that we affirm the decision of
the Historic and Environmental Preservation Board, that they deny.
Mayor. Clark: Is the applicant present?
Commissioner Dawkins: Why? Why?
Ms. Eaton: The Board has consistent...
Commissioner Dawkins: No. Why, from the Administration, please?
Ms. Cuervo: We are recommending this because carports are not permitted. It's violating the
setback requirements, and they've always... There's been always a position to deny this kind of
a... There's never been...
187 December 7, 1995
Commissioner Dawkins: OK. And what makes... Now, that's the part I'm listening for. What,
now?
Ms Cuervo: We've always denied after... We've never allowed carports in the front of the
structures in the Historic District.
Commissioner Dawkins: Never.
Ms. Cuervo: And we've all...
Commissioner Dawkins: Never, never in the history of the City of Miami.
r' Ms. Eaton: That's correct.
Commissioner Dawkins: No, ma'am. That's wrong.
Commissioner Plummer: You got thousands of them, but they've never been allowed.
Ms. Eaton: But not in historic districts, since the districts have been designated.
Commissioner Dawkins: Well, see, that's why I asked you to let me talk to the Administration.
OK? Now, the Administration. The City of Miami has never done this before.
Ms. Cuervo: Within the Historic District, to the best of my knowledge, no.
Commissioner Dawkins: Within the City of Miami.
Ms. Cuervo: I can't answer that. I don't know the answer to that.
Commissioner Dawkins: Well, who can?
Ms. Cuervo: I can consult with staff and come back to you, and let you know.
Commissioner Dawkins: OK. I move it. I move that the denial be denied or whatever I have to
l , do to let these people have their carport.
Mayor Clark: Where's the applicant?
1 Ms. Claudette Nelson: Thank you.
Ms. Eaton: Even if the Commission grants the appeal...
Commissioner Dawkins: I don't care...
Ms. Eaton: ... a variance would be required. The carport cannot stay where it is.
Ms. Cuervo: It would have...
jMs. Eaton: It violates the Zoning Ordinance.
Commissioner Dawkins: I move that they get the variance, then. What else do I have to do?
Ms. Cuervo: They would have to come back and apply for a variance.
188 December 7, 1995
Commissioner Dawkins: Now, let me hear from... Mr. City Attorney, what do I have to do to
give these people the same break and things that I give individuals who come up here with high
price lawyers and find all kind of ways to get this done, and these people do not have a high-
priced lawyer? What do I do?
Mr. Joel Maxwell (Deputy City Attorney): Well, Commissioner, there are certain... There are
several procedures that would have to be followed here. One, as staff pointed out, is that it's
located in an Historic Preservation District. So they would have to file an application after the
fact for the structure that they're requesting.
Commissioner Dawkins: OK.
Mr. Maxwell: One. The HEP (Historic and Environmental Preservation) Board has already
denied ` that. They would need a variance, too. The variance would have to go through the
Zoning Board.
Commissioner Dawkins: OK.
Mr. Maxwell: Now, if the Zoning Board also denied it, they could appeal that to the City
Commission.
Commissioner Dawkins: OK. That's good.
Mr. Maxwell: At that point, this Commission, you as a voting member, would be able to make a
decision on whether or not this would be permitted.
Commissioner Dawkins: OK. I move that...
Commissioner Plummer: Excuse me, Mr. Dawkins.
Commissioner Dawkins: I move...
Commissioner Plummer: If I may.
}
Commissioner Dawkins: Go right ahead.
Commissioner Plummer: You got one other thing that she brought out that they would also have
a problem with, and that is that it was not built according to Code. They would have to bring it
up to Code...
Mayor Clark: That's all right.
Commissioner Plummer:... which does not relate to the setback.
Commissioner Dawkins: OK. All right. Here's what I want to do, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I want to move that no action be taken on this, and that the
Administration work with these individuals to do whatever it has to do to make it legal. I so
move.
Mayor Clark: All right.
189 December 7, 1995
Mr. Maxwell: Commissioner.
Commissioner Dawkins: Yes, sir.
Mr. Maxwell: You... This is an appeal that's pending before you, and I would suggest to you
that you have to take some action on this appeal.
Commissioner Dawkins: I just... OK. All right. Wait a minute. All right. Then, what's the
first thing I need to do, counsel?
Mr. Maxwell: All right. Even if you follow the staff's recommendation and deny the appeal...
Commissioner Dawkins: OK.
Mr. Maxwell:... they can still start through the process to get whatever variance they need for it.
Mayor Clark: He doesn't want to deny the appeal.
Commissioner Dawkins: OK. OK. That's what I'm saying then. That's what... All I'm saying
is tell me... OK. Tell these... Tell me what I can advise them to do.
Mr. Maxwell: Well, Commissioner, do this, if you will. Why don't you move to continue this
item, so the staff can look at coming back to you with the recommendations so that we'll be able
to implement what you're asking for here.
Commissioner. Dawkins: OK.. Now, the first thing I want to do - I want you to hear me -the
first thing I am desirous of doing is, if I don't approve or deny... I want to remove this denial.
Go ahead, Commissioner.
Vice Mayor Gort: Mr. Chairman, my understanding is all you have to do is go with the...
Recommend to approve the appeal.
Commissioner Dawkins: OK. I so move.
Vice Mayor Gort: That's all you have to do.
j Commissioner Dawkins: I so move.
Vice Mayor Gort: OK.
Commissioner Plummer: And what does that do, now?
Vice Mayor Gort: Then he has to go back and he has to get the variance, and he has to comply
with all the other requirements.
Commissioner Dawkins: And bring it up to Code.
Vice Mayor Gort: Second.
i
Mayor Clark: Do that. You move it?
i Mr. Maxwell: I must put on the record...
190 December 7, 1995
i
Commissioner Dawkins: Yes, sir.
Mr. Maxwell:... Commissioner.
Commissioner Dawkins: That's what we pay you for.
Mr. Maxwell: All right. Remember, we've spoken several times about quasi-judicial hearings
and Snyder decisions. Here, there's been absolutely no testimony on the record that would
support your decision. All your competent and substantial evidence, all your expert testimony
goes the other way. If you were to rule for them, it leaves them open from attack by neighbors.
I would suggest that you do it another way.
Commissioner Dawkins: OK. Well, I asked you to tell me how to do it.
Mr. Maxwell: And what I had suggested to you was that you defer any action on this so that -
until the next meeting - so that your staff can look at it. And it would also...
Commissioner Plummer: You're going all wrong.
Mr. Maxwell: Quite frankly, it would allow the property owner to come in and provide evidence
at the next hearing that would support your decision.
Commissioner Plummer: Commissioner Dawkins, let me tell you...
Mr. Maxwell: If you wanted to do that.
Commissioner Plummer: I think you're going about it wrong. I understand what you're trying
to accomplish. I think if you approve the denial, that gives them the opportunity to go back and
file for a variance.
Commissioner Dawkins: Mm-hmm.
Mayor Clark: That's right.
Commissioner Dawkins: OK. But... J.L., I hear you, but all I'm trying to say is - and I think the
j City Attorney is trying to tell us - is that we could end up in court, because there's been no
Ylexpert testimony.
1
Mr. Maxwell: Correct.
Commissioner Dawkins: But there's been no expert - in my opinion - there is no expert
testimony on either side. I'm hearing from staff.
Mr. Maxwell: No, sir, there is.
Commissioner Dawkins: All right.
Mr. Maxwell: The Courts would generally accept the recommendations of your HEP Board,
one, as expert testimony. One staff, professional planning staff is considered expert for purposes
of these proceedings as well. So you do have expert testimony going the other way. But the
applicant is not even here. No one is going...
Commissioner Plummer: The applicants are here.
191 December 7, 1995
Commissioner Dawkins: OK. So now, what do you...
Mr. Maxwell: I'm sorry. They have produced no expert testimony.
Commissioner Dawkins: All right. What do you recommend we do, sir?
Mr. Maxwell: Again, sir, I would recommend that you continue this item.
Commissioner Dawkins: I move to continue.
Mr. Maxwell: And allow your staff to look at it.
Mayor Clark: Is there a second?
Ms. Lourdes Slazyk: Can I make a clarification for the record? This is...
Mayor Clark; Not if they're going to continue the appeal.
Ms. Slazyk: OK. I just want to clarify something, I think, that might help. This is not a decision
that the Administration can go back and meet with these people on. This is a decision by a
board, the Historic and Environmental Preservation Board. This is an appeal of their decision,
not an appeal of a staff denial of something. So you would need to act one way or the other;
either uphold your board or reverse the board. And then, once that decision is made, they can
apply for a variance. Right now, they can't because they don't have a certificate of
appropriateness.
Commissioner Dawkins: OK. Well, all right. I move to reverse the board. And that's a correct
statement you're telling me?
Ms. Slazyk: That goes against the Administration's recommendation but...
Mayor Clark: That's all right.
Ms. Slazyk:... you can move that. Yes, you can.
Commissioner Dawkins: OK. So now, is that... Has she got me on the right track, Mr. City
Attorney?
Mr. Maxwell: Again, Commissioner, I tell you that you can do that, but if it's challenged in any
way, it will not be defensible.
Commissioner Dawkins: OK. All right. So I'm going to go your way. What's the way you say
to go?
Mr. Maxwell: Again, I suggested that you continue the item. At that point, when it comes back,
if the property owners have expert testimony that they can proffer on the record, your decision is
totally defensible.
Commissioner Dawkins: OK. I yield to Commissioner Gort.
Vice Mayor Gott: No.
Commissioner Dawkins: OK. All right. All right. That's it. OK. All you're going to do,
ma'am, is hurt your case. OK?
192 December 7, 1995
Commissioner Dawkins: All you're going to do is hurt your case, see.
Mayor Clark: You're going to...
Commissioner Dawkins: We're already trying to help you. OK?
Ms. Nelson: Yeah.
Commissioner Dawkins: Now, nobody standing up there with you has gone as far as we have
gone, so they couldn't be trying to tell you what's right. OK? So, now, I would advise you to go
again and come back. OK?
Ms. Nelson: OK.
v" Commissioner Dawkins: Thank you.
Mayor Clark: Moved by Mr. Dawkins. Seconded by myself.
Commissioner Plummer: Merry Christmas.
Mayor Clark: Cast a unanimous ballot. Item number 4 - thank you.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY MAYOR
CLARK, ITEM PZ-3 WAS CONTINUED BY THE
FOLLOWING VOTE:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
ABSENT: None.
Mayor Clark: Item number 4.
Vice Mayor Gort: Mr. Mayor...
Ms. Lourdes Slazyk: PZ-4 is...
Vice Mayor Gort: Mr. Mayor, excuse me. Before we go on, I think this is important. We have
a lot of these historically designated areas within the northeast. I think somehow, we should try
to inform a lot of these individuals, property owners, that are not aware of what that means and
what it stands for. I think either through the NET (Neighborhood Enhancement Team) or
whatever medium we can use, we got to inform the people of what are their rights and what are
the restrictions under these areas. I think that's something that we need to do, because we're
doing a case of misrepresentation when people are not aware of it.
193 December 7, 1995
Mayor Clark: Very good. All right. Item number 4. Yes, ma'am.
Mr. Jack Luft: We have been doing that, Commissioner. We will redouble that effort.
Mayor Clark: OK. Thank you.
---------------------------------------------------------------------
58. (A) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED SECOND READING ORDINANCE TO 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), ADDING PROVISIONS THAT
WILL INCREASE MONTHLY FEE FOR A WAIVED PARKING
i SPACE ACCORDING TO THE CONSUMER PRICE INDEX (CPI),
AND ADDING PENALTY FOR LATE PAYMENT OF WAIVER FEE
AND CHARGING INTEREST ON BALANCES UNPAID AFTER 30
DAYS. [Applicant: Community Planning & Revitalization Dept.] (See
label 61)
(B) BRIEF COMMENTS CONCERNING THE LASER TOWER IN
BAYFRONT PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 4.
Commissioner Carollo: I move item 4, if there's no discussion.
Commissioner Plummer: Well, I'll second it for discussion.
Commissioner Carollo: OK.
Commissioner Plummer: I am told that there's a number of people that are not making their
payments. Is that true?
Ms. Lourdes Slazyk: Well, as they heard about this ordinance, they have started catching up on
their payments, because they're afraid of revocation. What's happened is over the first year and
' a half of the administration of the Coconut Grove Parking Trust Fund, we've had no revocation
procedures in place. We've had... Some of these things you can't find out until you try to
administer a program. And after a year and a half, we've seen there are certain deficiencies in
the legislation. We're trying to fix them here, close those loopholes, add interest payments for
late fees, and things like that, and raise it according to the Consumer Price Index. These two
amendments, PZs-4 and 5 do that.
1 Commissioner Plummer: OK. Question. Is there any truth to the fact that in cases where
companies are not providing but are paying the fee for the spaces - that's the forty dollars ($40) a
month.
Ms. Slazyk: Yes.
Commissioner Plummer: OK. What about those who are expanding their facilities, that have no
additional parking?
194 December 7, 1995
Ms., Slazyk: OK. Additions are not... You can't... You're not supposed to be expanding and
using the waiver. People have been converting uses. They have a building...
Commissioner Plummer: OK.
Ms. Slazyk: ... and they've got retail in it, and they convert to restaurant, and they come in for
additional waivers. We have one case of a demolition after they had their waivers, and there was
no way to revoke them. So we are allowing that addition to reconstruct up to the amount of
waivers that person has in the fund. But you're not supposed to add new square footage and use
these waivers. All new square footage...
Commissioner Plummer: And you're sure that's not been done.
Ms. Christina Cuervo: And, Commissioner, that's why we have PZ-5, so that we can, one,
revoke the waivers if they haven't been paying, because we didn't have that ability up until now.
And also, so that people can't come in and demolish, if they already have a waiver, then
demolish, and then grandfather themselves in.
Commissioner Carollo: So let me ask you a question. The Coconut Grove District that we have
now, from where to where does it go?
Ms. Slazyk: Actually, this is for SD-2 and 17.
Commissioner Plummer: The Overlay.
Ms. Slazyk: The Overlay District.
Commissioner Carollo: This is only in the downtown. Does it extend...
Commissioner Plummer: Joe, basic...
Ms. Slazyk: I don't have a map. It's the Center Grove.
Commissioner Carollo: Yeah. Does it extend to South Bayshore Drive?
Commissioner Plummer: Yeah.
f Ms. Slazyk: Bayshore Drive is SD-17, and they...
Commissioner Carollo: Up to where is Bayshore Drive?
Commissioner Plummer: Two -seven.
Commissioner Carollo: To 27th Avenue?
Ms. Slazyk: Twenty-seventh, yeah.
Commissioner Carollo: OK. It doesn't go beyond 27th Avenue?
Ms. Slazyk: No.
Commissioner Carollo: OK. But... That's fine. I wanted to clarify that. Now, it's forty dollars
($40) a month now for each parking space, as a waiver.
195 December 7, 1995
OAN
Commissioner Plummer: Or they can make a lump sum payment.
Commissioner Carollo: Of how much?
Ms. Slazyk: Ten thousand dollars ($10,000).
Commissioner Plummer: Ten thousand dollars ($10,000).
Commissioner Carollo: Ten thousand dollars ($10,000).
Commissioner Plummer: Right.
+ Commissioner Dawkins: No. One.
Ms. Slazyk: Will buy your space forever.
Commissioner Carollo: Per...
Commissioner Plummer: Per space.
Commissioner Carollo: Per space.
Commissioner Plummer: Right.
Mayor Clark: Jesus...
Commissioner Carollo: It's interesting.
Commissioner Dawkins: Yeah, but...
Commissioner Carollo: Gives me something to think about.
Commissioner Plummer: Well I think what's more interesting - tell him how much is in that
fund right now.
t
Ms. Slazyk: Six hundred and fifty thousand?
Ms. Cuervo: Seven hundred.
Ms. Slazyk: Six hundred and fifty thousand, I believe.
Ms. Cuervo: Seven hundred and fifty.
Commissioner Dawkins: OK.
Commissioner Plummer: And they are about ready to do some major things in the Grove. Mr.
O Masrieh is here, and he is very much a spark plug behind that thing. They are trying to work out
f something real super, super great for the Grove.
i
! Commissioner Dawkins: But this money was set aside for what?
Commissioner Plummer: For additional parking.
December 7, 1995
Ms. Slazyk: Parking.
Commissioner Dawkins: OK.
Commissioner Plummer: Surface or building.
Commissioner Dawkins: OK. And we said that it was to produce additional parking.
Commissioner Plummer: Correct.
Commissioner Dawkins: Now, how many years has this been going on?
Commissioner Carollo: Along time.
Ms. Cuervo: About a year and a half.
Ms. Slazyk: A year and a half.
Commissioner Dawkins: All right. Two years.
Commissioner Plummer: Almost two.
Commissioner Dawkins: Two years. OK? Now, you got three quarters of a million dollars for
the plan. What parcel of land in Coconut Grove will this purchase, on which to put a parking
garage?
I,
Ms: Slazyk: OK. The sites are... The first 70 or some spaces are coming on line soon.
Commissioner Dawkins: Ma'am...
Ms. Slazyk: That's the Farm Store property.
Commissioner Dawkins: How... You say...
Ms. Slazyk: I'll let Off -Street Parking answer.
4 Ms. Arleen Weintraub: Arleen Weintraub, Department of Off -Street Parking. We're negotiating
now to purchase a parcel that Ms. Slazyk referred to as the Farm Store property, that could be a
surface parking lot of up to 70 spaces. We're also looking at additional sites in the south part of
the Grove, although nothing has really presented itself that would be feasible to buy. As you
know, property in the Grove is very expensive. But we are continuing to identify sites.
Commissioner Dawkins: The Farm Store property is estimated to cost what?
Commissioner Plummer: I don't think you want to disclose that at this point.
Commissioner Dawkins: I do... Why?
Ms. Slazyk: We do not own the property...
Commissioner Plummer: It's negotiating...
197
December 7, 1995
k
Commissioner Dawkins: Ma'am.
Ms. Weintraub: Yes. We do not own it. Yes.
Commissioner Dawkins: What is the maximum you have set? You can...
Commissioner Plummer: They're negotiating.
Commissioner Dawkins: You can tell me that.
Ms. Weintraub: Approximately one point four million dollars ($1.4 million).
Commissioner Dawkins: OK. And you got three-quarters of a million. Where is the rest of the
money going to come from? I don't care what it is. Where will the rest of the money come from
to purchase the land?
Ms. Weintraub: Department of Off -Street Parking.
Commissioner Dawkins: All right. Where will the rest of the money come from to...
Commissioner Plummer: No, no, no. No, no, no.
Commissioner Dawkins:.,. to pave the lot... to pave the lot or do what?
Ms. Weintraub: The Department of Off -Street Parking intends to do the improvements.
Commissioner Dawkins: Now, and then the Department of Off -Street Parking will do what?
How are they going to get their money back?
Commissioner Plummer: Revenues.
Ms. Weintraub: Through revenue produced by the actual parking lot. It will not be free parking,
of course. It will be charged.
Commissioner Dawkins: Beg pardon?
Ms. Weintraub: It will not be free parking. It will be charged.
Commissioner Dawkins: Yeah, but we used our money to do this. It would appear to me that
whatever funds were generated from this would go back into the fund to provide more off-street
park... I mean more... That's the way... I don't... What I'm saying is, I don't see Off -Street
Parking making a profit off of this.
Commissioner Plummer: They're not intending to.
Ms. Weintraub: That's correct. We don't intend to make a profit.
Commissioner Dawkins: Ma'am?
i Ms. Weintraub: We do not intend to make a profit. That's not the idea.
1 Commissioner Dawkins: No, no, no. Tell me you won't. Don't tell me you don't intend to.
Tell me you will not.
198
December 7, 1995
Commissioner Dawkins: 'Thank you.
Commissioner Plummer: Now, excuse me. Commissioner, just for the record, the people who
are paying the forty dollars ($40) per space today will continue to pay forty dollars ($40) per
space. That makes them in compliance. Because where this thing came about at the inception
was that people could not sell their business because they did not have the parking required, so
nobody would buy their businesses. So we said, "OK, If you want to sell your business, you've
got to put into this fund." And this fund is infinitum until they either, provide the spaces or
otherwise. Now, let me go a step further, because I don't think you're giving him all the
information he needs to know. When she refers to the Farm Store parking site, when she says 70
spaces, that's on surface. That does not include another portion that they're trying to acquire at
this time, which is contiguous, that would allow them to go up with a parking structure. And if
they have both parcels, they can go up, and I don't know the exact number of spaces that could
be provided in those two pieces, as opposed to a surface parking lot of seventy (70).
Commissioner Dawkins: So if I have a store, and I'm being penalized forty dollars ($40) a spot
for eight spots, and I've been contributing to this fund for two years, you're going to take my
money that I have in the fund, and which I paid money for spots, and continue to charge me forty
dollars ($40), even though you took my forty dollars ($40) to build this spot?
Commissioner Plummer: Sir, you're not being penalized. You have had - "you," using your
vernacular -
Commissioner Dawkins: Mm-hmm.
Commissioner Plummer: - you have had the opportunity to run your business without providing
the ample parking that you should have provided in the first instance, or you would not have
been allowed to then go into business.
Commissioner Dawkins: Mm-hmm.
Commissioner Plummer: So it's not a penalty.
Commissioner Dawkins: OK.
Commissioner Plummer: What it is, in fact, you are paying for that privilege of doing business
that you were not able to provide the adequate parking for.
Commissioner Dawkins,: But the parking is here now, and now I'm...
Commissioner Plummer: It will be.
Commissioner Dawkins: So now it's a penalty.
Commissioner Plummer: It will be, sir. Yes, sir. Now, let's remember, this was all done in
public hearing. All of the people in the Grove came out here. All of the businesses came out
here. They were all in favor of it. They were...
Commissioner Dawkins: And I asked the same question then I'm asking now.
Commissioner Plummer: OK.
199
December 7, 1995
f
Commissioner Dawkins: Did I not?
Commissioner Plummer: You did.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: Same answers you got then, you get now.
Mayor Clark: All right. Item number 5. Is there a motion on item 5?
Commissioner Plummer: Move it.
Ms. Slazyk: Four, 4 first.
Mayor Clark: Is there a second?
Mr. Joel Maxwell (Deputy City Attorney): Commissioners, Mr. Mayor.
Mayor Clark: What?
Mr. Maxwell: We have a little procedural problem here. This item was advertised for five
o'clock. Could we ask you to defer your vote until after you take up the next item on this?
Commissioner Plummer: Fine, big deal
Mayor Clark: All right. Take up... Five?
Commissioner Plummer: What about 5?
Commissioner Dawkins: Six. No, we're doing 6 now. Five or 6...
Ms. Slazyk: Was 6 five p.m., too?
Mayor Clark: Six.
Commissioner Plummer: Four and 5 were together.
Mayor Clark: Yeah.
Commissioner Plummer: They're all the same.
Ms. Slazyk: The rest of the ordinances is for five - I mean the rest of the agenda.
Mayor Clark: Item 6. Let's move on item 6.
Commissioner Plummer: We can't.
Ms. Slazyk: The rest of the agenda is five o'clock.
Commissioner Plummer: What about 7? Can we do 7?
Commissioner Dawkins: All of it... Oh, no, J.L.
Ms. Slazyk: All the rest was after five. We got to wait five minutes.
200 December 7, 1995
t
IL
Mr. Maxwell: You may want a recess for seven minutes.
Commissioner Plummer: All right.
Commissioner Dawkins: All after five o'clock. So we take another seven minute break, Mr.
Mayor.
Commissioner Plummer: Let me ask a question while we're on the record. The... Did we not
change, in fact, and complete the zoning of the laser tower in Bayfront Park, where that could be
used for office space?
Ms. Slazyk: The Zoning Ordinance, the text amendment which allows administrative and
government offices in Parks District did pass.
Commissioner Plummer: OK. And it is completed.
Ms. Slazyk: Yes. I'm not sure if the comprehensive plan...
Commissioner Plummer: OK. Just...
Ms. Slazyk: Yeah, there was a text change to the Comprehensive Plan to do the same thing. I'd
have to check if that's done.
Commissioner Plummer: Thank you.
----------------------------------------------------------------------------------------------------------------
59. (A) STATEMENT BY COMMISSIONER PLUMMER CONCERNING
CENTENNIAL CELEBRATIONS: (1) GALA IN FEBRUARY, (2)
ARRIVAL OF OLYMPIC TORCH ON JULY 4TH, (3) RAISING OF
OLYMPIC FLAG AT BAYFRONT PARK TORCH OF FRIENDSHIP,
(4) BURIAL OF TIME CAPSULE DURING FESTIVAL OF
FESTIVALS (JULY 27 & 28), (5) DEDICATION OF PIECE OF ART
BY COCONUT GROVE ART FESTIVAL.
(B) MAYOR CLARK REQUESTS CITY ATTORNEY TO PREPARE
NECESSARY LEGISLATION IN ORDER FOR PLANNING AND
ZONING ISSUES TO BE CONSIDERED EARLIER IN THE DAY
THAN PRESENTLY PERMITTED.
Commissioner Plummer: Mr. Mayor, if I could, I would like to take a few minutes opportunity
to inform my Commissioners in reference to the Centennial. We, of course, are looking for each
and every one of you, in February, to be a part of the gala which will be in the parking lots of
the... Downtown in front of the Dupont Plaza. We all invite you to, hopefully, as I will do, give
a lot of your Christmas gifts in the bricks, which we will have at the Challenger Memorial.
They're forty dollars ($40) each, and a certificate which you would give to the person as the
201
December 7, 1995
recipient. We, of course, would like to also recognize that on the Fourth of July, that we will, in
fact, be having the Olympic Torch for the first time in the United States. It will come in here at
Dinner Key, and Commissioner Dawkins will run it all the way downtown or to where he passes
out, and we will raise the flag - I'll give him a free funeral if he don't make it. and the flag of the
Olympics will be raised at the Bayfront Park Torch of Friendship. I'd like to also bring to your
attention, on the 27th and on the 28th of July, we are planning what is being referred to as the
Festival of Festivals. That will be the burying of the time capsule, which Commissioner
Dawkins might volunteer. We will also have the dedication of a piece of art by the Coconut
Grove Art Festival. We will be having the festival...
Commissioner Dawkins: The Mayor will present that.
Mayor Clark: Yeah.
Commissioner Plummer: .. where we will have the 840-pound birthday cake, which the Mayor
will jump out of fully clothed. And I am happy to tell you, Mr. Mayor, that everything is going
along very well, as you are aware, because you are the Grand Marshal. The Centennial will be
the theme of the Orange Bowl Parade this year, and we will be getting nationwide coverage. I
think most of you had the opportunity to see Willard Scott, about two weeks ago, in which we
got very, very positive publicity about the Centennial. So I think that, as far as I'm concerned,
everything is going along very, very well, and we will be keeping you informed...
Mayor Clark: Congratulations, J.L.
Commissioner Plummer: ...as of the first of January with a monthly...
Commissioner Dawkins:... time.
Commissioner Plummer:... time...
Commissioner Carollo: Excellent. Will we see Christopher Columbus there or not?
Commissioner Plummer: Only in October, because his pantyhose will not be cleaned and
finished until then.
Mayor Clark: Funds are low. Come on.
Commissioner Plummer: All right. Would you run the clock up, please. I mean, you know,
what kind of a Clerk are you? You don't know how to control a clock.
Mayor Clark: When are we going to get rid of that five o'clock deal?
Mr. Maxwell: Mr. Mayor, as you know, the State Legislature did act on that, and the
Commission... And there is legislation winding its way through the pipeline which will come
before you and will change two public notice requirements in the City Code - one dealing with
Comp. Plan amendments, and the other dealing with regular amendments, and allow you to have
any, at least one hearing on an item that involves more than ten acres, before five o'clock. Or
you could defer it, if you so wish. We can prepare legislation that will put all P&Z items prior to
five o'clock. And if you'd like, if that's the desire of the Commission, we'll do it.
Commissioner Plummer: Well, at least bring it back to us so that we can act on it.
Mr. Maxwell: All right.
202 December 7, 1995
Commissioner Plummer: That's the name of the game. Mr. Clerk, the clock is not running fast
enough.
--------------------------------......_..------_._ ..... _. _
60. (A) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TEXT, ARTICLE 11, SECTION 1106
(NONCONFORMING STRUCTURES) IN ORDER TO (1) PLACE
LIMITATIONS ON PERCENTAGE OF ALTERATIONS
PERMISSIBLE TO EXISTING NONCONFORMING STRUCTURES;
(2) TO PROHIBIT ENLARGEMENTS AND EXTENSIONS OF
NONCONFORMING ACCRESSORY STRUCTURES; AND (3) TO
REQUIRE SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS /
EXTENSIONS OF NONCONFORMING PRINCIPAL STRUCTURES.
[Applicant: Community Planning & Revitalization Dept.] (See label 63)
(B) COMMISSIONER PLUMMER PROPOSES VOTE OF THANKS TO
RODNEY BARRETO FOR OBTAINING AT&T SPONSERSHIP OF
CENTENNIAL BIRTHDAY CELEBRATIONS.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yeah.
Commissioner Plummer: I think, legally, she can be explaining this stuff to us.
Ms. Lourdes Slazyk: It's for PZ-6.
Commissioner Plummer: So that at five o'clock...
Ms. Slazyk: Six is kind...
Mr. Joel Maxwell (Deputy City Attorney): No votes till five.
Commissioner Plummer: Joe, she's going to explain it to us.
Ms. Slazyk: Six is very interesting. Maybe I can explain it since we have to wait.
Mayor Clark: Don't take too long, because we want to get out of here.
Ms. Slazyk: All right. PZ-6 is an amendment. Right now, Article XI has a section called
Nonconforming Structures. If you have a building that crosses a setback line, right now, you can
come in by class two, and enlarge it, and extend it, as long as you don't exceed that line, the
nonconforming line. What it's turned out to be is an administrative variance that people have
been getting, and they've been abusing it. And there's also no requirement in there that they
retain any percentage of the building. So people could technically come in, leave one brick,
rebuild an entire structure beyond setback lines without ever getting a variance. This
amendment rectifies that. It gets rid of that. First of all, it says that you can't do any more
extensions, or additions, or enlargements by class two. You need a special exception. You can't
extend them forever. You can only extend fifty percent of the portion of the wall that is
nonconforming, both horizontally and vertically. People have been coming in with second -story
additions beyond setback lines by class two. We're telling them, you can't go up that whole
203 December 7, 1995
i
,•,`
r
17,
,f{
second story. You can only put a little terrace, or a wall, or a parapet up there. It also prohibits
additions and enlargements to nonconforming accessory structures. These ate the ones in the
backyards that are basically right up to their neighbor's property line. They'r,e been coming in
and extending it the whole length of their property. Those are starting to have pretty adverse
effects on the rear and side neighbors of some of these neighborhoods. So this is something the
Planning Advisory Board voted for unanimously. It's something we've been asked to do several
times by several NET (Neighborhood Enhancement Team) offices because it's become a
problem and a source of complaint in the neighborhoods.
Commissioner Plummer: OK. While we're waiting, Mr. Mayor, I've been asked to bring to
your attention, and to congratulate, and to thank Mr. Rodney Barreto of the Host Committee,
also of the Bayfront Park Committee, and also of the Centennial Committee, who personally
went to New York, and reached out and touched AT&T (American Telephone and Telegraph),
and brought them back as a prime sponsor of the Centennial. It's probably going to be in the
neighborhood of about a quarter of a million dollars. So I just wanted to put that on the record.
.While we're waiting, I would like to ask...
Mayor Clark: Well, wait a minute, wait a minute. The hour is five o'clock.
Commissioner Plummer: Oh, I'm sorry.
-------------------
61. (Continued) SECOND 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 30 DAYS.
[Applicant: Community Planning & Revitalization Dept.] (See label 58)
Ms. Lourdes Slazyk: Four. Item 4.
Vice Mayor Gort: Move it.
Mayor Clark: Item 4, moved and seconded. Call the roll.
204 December 7, 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
IMPROVEMENTS 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.
passed on its first reading, by title, at the meeting of November 16, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Gort,
seconded by Commissioner Plummer, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11329.
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.
205 December 7, 1995
......................................................
62. SECOND LEADING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT, ARTICLE 6, 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) -- PROVIDE FOR REVOCATION OF
REQUIRED OFF-STREET PARKING WAIVERS FOR NON-PAYMENT OF
REQUIRED FEES OR DEMOLITION OF STRUCTURE(S) ON
BENEFICIARY PROPERTY -- PROVIDE THAT NEW DEVELOPMENT OR
ADDITIONS OF SQUARE FOOTAGE TO EXISTING DEVELOPMENT
SHALL NOT BE ELIGIBLE FOR A WAIVER OF REQUIRED OFF-STREET
PARKING. [Applicant: Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 5.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Mayor Clark: Read the ordinance. 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 DEMOLITION 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.
passed on its first reading, by title, at the meeting of November 16, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
F - WN19
None.
206
December 7, 1995
ON
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 1.1330.
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.
-- -- -----------------------------------------------------
63. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT, ARTICLE 11, SECTION 1106 (NONCONFORMING STRUCTURES) --
IN ORDER TO (1) PLACE LIMITATIONS ON PERCENTAGE OF
ALTERATIONS PERMISSIBLE TO EXISTING NONCONFORMING
STRUCTURES; (2) TO PROHIBIT ENLARGEMENTS AND EXTENSIONS
OF NONCONFORMING ACCRESSORY STRUCTURES; AND (3) TO
REQUIRE SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS /
EXTENSIONS OF NONCONFORMING PRINCIPAL STRUCTURES.
(Applicant: Community Planning & Revitalization Dept.) (See label 60)
Mayor Clark: Item 6.
Commissioner Plummer: Move it.
Vice Mayor Gort: Second.
Mayor CIark: Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 11, SECTION 1106, "NONCONFORMING STRUCTURES," TO LIMIT
THE PERCENTAGE OF ALTERATIONS, MODIFICATIONS OR EXTENSIONS OF
EXISTING NONCONFORMING STRUCTURES, TO PROHIBIT ENLARGEMENTS
j AND EXTENSIONS OF NONCONFORMING ACCESSORY STRUCTURES, AND
TO REQUIRE A SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS AND
EXTENSIONS OF NONCONFORMING PRINCIPAL STRUCTURES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
207 December 7, 1995
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.
- -------------------------------------------------------------------------------------------------------
64. APPROVE THE 1995-2001 CAPITAL IMPROVEMENT PROGRAM AS A
GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS. [Applicant:
Office of Asset Management & Capital Improvements.]
Mayor Clark: Item 7.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Any discussion?
Commissioner Carollo: Yes. Why does it have to be approved in principle now, instead of in
final form?
Mr. Joel Maxwell (Deputy City Attorney): Sir, this is not in principle you are approving. If
there is any reference to it... There's no reference to it, in principle, in the resolution itself.
Commissioner Carollo: Well, here, there is. It says "consideration for approval in principle."
Commissioner Plummer: Joel, look at 8.
Mr. Maxwell: That's in the backup material you're reading from, Commissioner?
Ms. Lourdes Slazyk: That's in the backup memo, not in the resolution.
Commissioner Dawkins: No, it's on the bottom of the page.
Commissioner Carollo: It's at the bottom of the page.
Mr. Maxwell: It should not be there, sir. You're not approving in principle. You're approving
this.
I` Commissioner Carollo: OK. That's what I thought.
Commissioner Plummer: In principle is the amount of money they got.
Mayor Clark: On item 7, is there a motion?
Commissioner Carollo: Move.
Commissioner Plummer: I moved it.
Mayor Clark: Moved and seconded. All in favor, signify by saying "aye."
The Commission Collectively: Aye.
1 Mayor Clark: Opposed, like sign.
208
December 7, 1995
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.95-893
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE 1995-2001
CAPITAL IMPROVEMENT PROGRAM AS A GUIDE TO CITY AGENCIES,
BOARDS AND DEPARTMENTS.
(Here follows body of resolution, omitted here and on rile 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
---------------------------------------------------------
65. FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CITY OF MIAMI CAPITAL IMPROVEMENTS -- CONTINUE / REVISE
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENTS
PROJECTS - ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO
BEGIN DURING FISCAL YEAR 1995-1996 -- REPEAL PROVISIONS OF
ORDINANCE 11205 WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE. [Applicant: Office of Asset Management &c Capital
Improvements.]
�. ----------------------------- ---------------------------------------------------------------------------
j Mayor Clark: Item 8.
I.
Commissioner Plummer: Move it.
Vice Mayor Gort: Second.
Mayor Clark: Read the ordinance. Call the roll.
209 December 7, 1995
Aft
i
An Ordinance entitled -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1995-96; REPEALING PROVISIONS OF ORDINANCE NO. 112059
AS AMENDED, THE FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE; PROVIDING CONDITIONS, AUTHORIZATIONS AND
DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
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.
NOTE: At this point, the City Commission closes consideration of
the Planning and Zoning portion of the agenda.
----------------------------------------------------------------------------------------------------------------
66. COMMISSIONER PLUMMER STATES THAT THE CITY NEEDS A RIGID,
ENFORCEABLE LOT -CLEARING PROGRAM TO REQUIRE PROPERTY
OWNERS TO KEEP THE EXTERIORS OF THEIR PROPERTIES CLEAN.
-------- -------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if I can, I would like to ask of the Administration - and I
think all of us are in concurrence - as I travelled around during this recent campaign, I want to
tell you something. One thing that cries out in this City is the fact that we need a rigid,
enforceable lot -clearing program. Now, I know we've got one now, and I'm told that it's
impossible to enforce. I'm saying that we've got to establish some standards, Mr. Mayor, that
` we can go out and we can make these people who own property clean up the property, mow the
grass, remove the debris, and, you know, have some kind of penalties. And let me tell you what
I think they're doing in the County, if I'm not mistaken. They are giving a lot of employment to
little companies who are created just to go out in a bidding procedure, and, in fact, clean these
210 December 7, 1995
the property. Now L. We've got
lots, and either pay the bill to the owner, or put a lien against
to do something in this City. And I'll tell you, I don't know how you go about it, but between
the Administration and the Legal Department, I would hope that you would come back on the
25th of. January with something for consideration to this City Commission that's going to be
something with teeth, and we're not going to tolerate any more.
Vice Mayor Gort: J.L., it was my understanding that we passed something very similar, with
money which was appropriated to do this.
Ms. Lourdes Slazyk: We did and we selected around...
Vice Mayor Gort: About two or three meetings ago. Remember?
Commissioner Plummer: It's not being done. OK?
Commissioner Dawkins: OK. We will start it.
Mayor Clark: All right, Mr. Dawkins.
Commissioner Plummer: You know, I notice one of the things that the County is doing - I don't
know if you've noticed it - under the Metrorail?
Mayor Clark: Yep, they have to.
Commissioner Plummer: They're using private companies to go in there and provide monthly
maintenance. They're getting better prices and everything else.
Commissioner Dawkins: And they cut under the rail, and leave our stuff on the other side of the
rails uncut.
Commissioner Plummer: Well, go raise hell about it.
Commissioner Dawkins: No. That's on our land.
Ms. Christina Cuervo: Our NET (Neighborhood Enhancement Team) offices are doing this, and
we are liening the properties. OK?
211 December 7, 1995
................................................ --------------------------------------------------------------
67. (Continued) COMMISSIONER DAWKINS REQUESTS THAT RESOLUTION
95-862 (TO 'WAIVE PROHIBITION CONTAINED IN COE 83-53, FLORIDA
COMMISSION OF ETHICS, AS IT APPLIES TO ANGEL GONZALEZ, WHO
SERVES ON CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD, IN RELATION TO HIS EMPLOYMENT WITH THE ECONOMIC
DEVELOPMENT AGENCY ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, WHICH RECEIVES COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS) BE BROUGHT BACK FOR RECONSIDERATION AT
NEXT COMMISSION MEETING. (See label 24)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: You have the floor. You have something?
Commissioner Dawkins: Mr. Mayor and fellow Commissioners.
Mayor Clark: Please.
Commissioner Dawkins: At the next Commission meeting, I want to bring back item 21 for
reconsideration. At the next...
Mayor Clark: What is that?
Commissioner Dawkins: The waiver of the... four -fifths affirmative vote for Angel Gonzalez.
Commissioner Plummer: OK, fine.
Commissioner Dawkins: Just put it on the agenda for reconsideration, please.
Commissioner Plummer: Fine.
Mayor Clark: All right. Thank you.
Commissioner Dawkins: Nothing else, Mr. Mayor.
Mayor Clark: Five-o-six. We're adjourned.
Commissioner Plummer: Mr. Mayor, I would like to wish you...
Commissioner Dawkins: Oh, J.L., give us a break, please, man.
Commissioner Plummer: Shut up. Who asked you?
Commissioner Dawkins: Give us a break.
212 December 7,1995
Amok
Commissioner Plummer: Be bad. I'd like to wish you and everybody, but Commissioner
Dawkins, a very merry Christmas and a happy new year. And to Commissioner Dawkins...
Commissioner Carollo: There he goes again, Dawkins, huh? There he goes again.
Mayor Clark: And it never... No change.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:07 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK
INCORP ORAYED j^J
IB 96
213 December 7, 1995