HomeMy WebLinkAboutCC 1994-01-13 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
1.
2.
3.
4.
4.1
4.2
4.3
INDEX
MINUTES OF REGULAR MEETING
January 13, 1994
LEGISLATION PAGE
NO.
PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 1/13/94
BRIEFLY DISCUSS AND TEMPORARILY
DISCUSSION
TABLE (UNTIL AFTERNOON SESSION)
1/13/94
CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE FUNDING
OF THE CRIME PREVENTION PROGRAM.
(See label 62)
BRIEFLY DISCUSS AND WITHDRAW
DISCUSSION
CONSIDERATION OF PROPOSED
1/13/94
RESOLUTION TO AUTHORIZE EQUITABLE
LIFE ASSURANCE SOCIETY OF THE
UNITED STATES TO CONSTRUCT /
MAINTAIN A PEDESTRIAN OVERPASS
OVER AND ACROSS N.E. 15 STREET
BETWEEN THE OMNI METROMOVER
STATION AND THE OMNI COMPLEX.
CONSENT AGENDA.
DISCUSSION
1/13/94
ACCEPT BID: EVACO, INC. -- FOR
R 94-1
TYPESETTING AND LAYOUT OF CITY OF
1/13/94
MIAMI'S ANNUAL FINANCIAL REPORT
(FOR DEPARTMENT OF GSA AND SOLID
WASTE / GRAPHIC REPRODUCTIONS
DIVISION).
ACCEPT BID: CORE CONCEPTS -- FOR
R 94-2
FURNISHING 15 OFFICE CHAIRS ( FOR
1/13/94
POLICE DEPARTMENT).
ACCEPT BID: HORIZON CONTRACTORS,
R 94-3
INC. -- FOR OVERTOWN C.D. STREET
1/13/94
IMPROVEMENT PHASE I, B-4553 (CIP
341180) -- EXECUTE CONTRACT.
2
3-4
4-6
7
7
N.
4.4 ACCEPT BID: CENTRAL CONCRETE R 94-4
SUPERMIX, INC. -- FOR FURNISHING 1/13/94
READY MIX CONCRETE (TO DEPARTMENT
OF PUBLIC WORKS).
4.5 RATIFY CITY MANAGER'S ACTION IN R 94-5
AWARDING BID NO. 92-93-122 TO 1/13/94
RECIO AND ASSOCIATES -- FOR
PLANTING TREES / PALMS AT LUMMUS
PARK.
4.6 AUTHORIZE CITY MANAGER TO EXECUTE R 94-6
AGREEMENT WITH DAVID M. GRIFFITH 1/13/94
& ASSOCIATES, LTD. -- TO PREPARE
A CENTRAL SERVICES COST
ALLOCATION PLAN TO RECOVER
OVERHEAD COSTS FROM GRANTS FOR
FISCAL YEAR 1993 -- ALLOCATE
$15,000.
4.7 APPROVE USE OF JAMES L. KNIGHT R 94-7
CONVENTION CENTER'S RIVERFRONT 1/13/94
HALL BY DEPARTMENT OF FIRE -
RESCUE -- FOR PRESENTATION OF THE
1994 FIRE SAFETY CHILDREN'S
FESTIVAL DURING NATIONAL FIRE
PREVENTION WEEK (OCTOBER 10-14,
1994) -- APPROVE GRANT
($8,400) -- ALLOCATE FUNDS --
EXECUTE AGREEMENT / ADDENDUM.
4.8 RATIFY CITY MANAGER'S ACTION IN R 94-8
EXECUTING AGREEMENT TO SELL 1/13/94
300,000 CUBIC YARDS OF FILL
MATERIAL FROM VIRGINIA KEY
STOCKPILE TO CITY OF NORTH MIAMI
FOR $50,000.
4.9 AUTHORIZE CITY MANAGER TO EXECUTE R 94-9
EASEMENT AGREEMENT WITH 1/13/94
METROPOLITAN DADE COUNTY -- FOR A
FORTY -EIGHT -INCH SEWAGE FORCE
MAIN -- GRANT TEMPORARY
CONSTRUCTION EASEMENT.
4.10 ACCEPT OWNERSHIP OF EXISTING R 94-10
STORMWATER DRAINAGE SYSTEM 1/13/94
LOCATED IN PRIVATE STREETS,
UTILITY PARKWAYS AND EASEMENTS IN
THE BAY POINT SUBDIVISION FROM
PROPERTY OWNERS -- AUTHORIZE CITY
MANAGER TO EXECUTE AN ABSOLUTE
BILL OF SALE WITH THE BAY POINT
HOMEOWNERS ASSOCIATION, INC.
9
0
10
10
10-11
11
4.11 ACCEPT PLAT: OMNI ANNEX.
4.12 AUTHORIZE CITY MANAGER TO EXECUTE
AN AMENDMENT TO EXISTING
AGREEMENT WITH LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC.,
THEREBY EXTENDING SAID CONTRACT
THROUGH JUNE 30, 1994 -- PROVIDE
ADDITIONAL FUNDS ($37,500) TO BE
USED BY LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC. FOR TECHNICAL
ASSISTANCE AND TO FURTHER
ECONOMIC DEVELOPMENT IN THE
EXPANDED LITTLE HAVANA TARGET
AREA -- ALLOCATE FUNDS FROM 19TH
YEAR CDBG FUNDS.
5. CONTINUE ENGAGEMENT OF TEW & GARCIA-
PEDROSA -- TO SERVE AS CO -COUNSEL
BEFORE U.S. DISTRICT COURT FOR PRE-
TRIAL LITIGATION SERVICES IN CONNECTION
WITH MIAMI MARINE EXPOSITION, INC. VS.
CITY OF MIAMI (CASE NO. 90-967-CIV-
MOORE) -- ADDITIONAL INTERIM FEE NOT TO
EXCEED $75,000 -- ALLOCATE FUNDS FROM
CITY'S SELF-INSURANCE AND INSURANCE
TRUST FUND.
6. REQUEST CITY MANAGER TO EFFECT
DEPLOYMENT OF ADDITIONAL POLICE PATROL
UNITS AND SOLID WASTE INSPECTORS TO THE
ALTAPATTAH PRODUCE DISTRICT (BOUNDED ON
THE NORTH BY N.W. 23 STREET, ON THE
EAST BY N.W. 10 AVENUE, ON THE SOUTH BY
N.W. 20 STREET, AND ON THE WEST BY N.W.
17 AVENUE) -- TO CONTAIN CRIME AND STOP
ILLEGAL DUMPING.
7. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO ACCEPT
BID OF ZURQUI CONSTRUCTION
SERVICE, INC. -- FOR PAN AMERICAN
DRIVE MEDIAN IMPROVEMENTS PROJECT
(2ND BIDDING), B-2993-A (CIP
415002).
R 94-11
1/13/94
R 94-12
1/13/94
R 94-13
1/13/94
R 94-14
1/13/94
DISCUSSION
1/13/94
11-12
12
12-15
16-21
21-22
8.
RATIFY CITY MANAGER'S WAIVER OF RENTAL
R 94-15
22-23
FEES FOR USE OF ORANGE BOWL STADIUM BY
1/13/94
THE DADE COUNTY FOOTBALL TBALL COACHES
ASSOCIATION -- FOR THE FIRST ANNUAL
STAN MARKS MEMORIAL DADE FOOTBALL ALL-
STAR GAME (DECEMBER 4, 1993) -- EXECUTE
AGREEMENT.
9.
ESTABLISH SPECIAL CHARGES / TERMS /
R 94-16
24-25
CONDITIONS FOR USE OF PORTION OF ORANGE
1/13/94
BOWL STADIUM BY BILL WEST DIVISION OF
PACE MDIOR SPORTS, INC. (FEBRUARY 5,
1994) -- FOR PRESENTATION OF A MONSTER
TRUCK AND TRACTOR PULL EVENT ENTITLED:
"SUPERBOWL OF MOTOR SPORTS" -- EXECUTE
AGREEMENT.
10.
(A) MISC EI I ANEOUS COVO4TS CONCERNING
R 94-17
25-27
CA-16, CA-17, CA-19, AND CA-20.
1/13/94
(B) CLAIM SE ILEMEN ' : SHIRLEY JENRE TE
($40,000).
11.
CLAIM SETTLEMENT: SYLVESTER SDWNS,
R 94-18
27-30
AS PERSONAL REPRESENTATIVE OF THE
1/13/94
ESTATE OF JEFFREY A. VAN (DECEASED)
($75,000).
12.
AUTHORIZE DIRECTOR OF FINANCE TO PAY TO
R 94-19
30-32
MELVIN WHEELER $28,125 (FOR ATTORNEY'S
1/13/94
FEES), AND $1,765.39 (FOR COSTS).
13.
APPROVE CITY ATIORNEY'S CONTINUING
R 94-20
32-33
ENGAGENM OF GREENBERG, TRAURIG ET
1/13/94
AL. -- TO SERVE AS COUNSEL IN
CONNECTION WITH THE ENVIRONMENTAL
PROTECTION AGENCY (EPA) CLAIM AGAINST
THE CITY WITH REGARD TO PETROLEUM
PRODUCTS CORPORATION NATIONAL PRIORITY
LIST SITE -- ALLOCATE $25, 000 .
14.
DISCUSSION CONCERNING ENGAGEMENT
DISCUSSION
33-34
OF OUTSIDE COUNSEL -- DIRECT CITY
1/13/94
ATTORNEY TO PROVIDE THE
COMMISSION WITH AN EXPENDITURE
REPORT FOR THE LAST 12 MONTHS ON
ENGAGEMENT OF OUTSIDE COUNSEL --
FURTHER DIRECT CITY ATTORNEY TO
PROVIDE COMMISSION WITH
INFORMATION ON CITIES WHICH USE
ALL OUTSIDE COUNSEL RATHER THAN
MAINTAIN A LAW DEPARTMENT.
15. EMERGENCY ORDINANCE: AMEND CODE
ARTICLE IV, CHAPTER 40 (PENSION AND
RETIREMENT PLANS, DIVISION 2. CITY OF
MIAMI FIRE FIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST), SECTIONS
40-205, 40-212, 40-213, AND DELETE
SECTION 40-213.1. (See label 17)
16. EMERGENCY ORDINANCE: AMEND ORDINANCE
11059, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL
REVENUE FUND: DRUG ABUSE RESISTANCE
EDUCATION, THEREBY PROVIDING FOR AN
INCREASE OF $54,221, AS A RESULT OF
SUCCESSFUL GRANT APPLICATION FROM
ME'II'ROPOLITAN DADE COUNTY.
17. (Continued) DISCUSSION CONCERNING
EMERGENCY ORDINANCE AMENDING CODE
ARTICLE IV, CHAPTER 40 (PENSION
AND RETIREMENT PLANS, DIVISION 2.
CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS' RETIREMENT
TRUST). (See label 15)
18. (A)SECOND READING ORDINANCE: AMEND
CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- CHANGE STREET EXCAVATION
PERMIT FEE, ESTABLISH FEE SCHEDULE FOR
USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE
COMMUNICATIONS SYSTEMS, AND PROVIDE FOR
PRORATION OF FEES FOR PERMITS OBTAINED
PRIOR TO OR AFTER OCTOBER 1ST.
(B)SECOND READING ORDINANCE: REPEAL
ORDINANCE 9959, THEREBY RELEMIN ALL
LIMITATIONS OF AUTHORIZED INVESTMENT OF
CITY FUNDS OR FUNDS OF ANY RETIREENT
PROGRAM CONTROLLED BY THE CITY AGAINST
THE REPUBLIC OF SOUTH AFRICA.
ORDINANCE
11110
1/13/94
ORDINANCE
11111
1/13/94
DISCUSSION
1/13/94
ORDINANC
11112
ORDINANCE
11113
1/13/94
34-35
36-37
38
39-41
"\
19. SECOND READING ORDINANCE: AMEND CODE ORDINANCE
SECTION 2-13 (ORDER OF BUSINESS AND 11114
RULES OF PROCEDURE), THEREBY ADDING A 1/13/94
SECOND PARAGRAPH TO SUBSECTION FOUR
STATING THAT FAILURE TO PROVIDE A COPY
OF EACH RESOLUTION OR ORDINANCE WITHIN
THE REQUIRED FIVE DAYS BEFORE A CITY
COMMISSION MEETING WILL RESULT IN SAID
INSTRUMEDTr ONLY BEING HEARD DURING THE
MEETING IF THE COMMISSION DEEMS SAID
INSTRUMENT TO BE OF AN EMERGENCY
NATURE, WITH NON-M&TM4CY ITEMS BEING
HEARD AT THE END OF THE MEETING, TIME
PERMITTING -- FURTHER DELETING
SUBSECTION EIGHT.
20. SECOND READING ORDINANCE: A 4M CODE ORDINANCE
CHAPTER 54 (STREETS AND SIDEWALKS), 11115
SECTION 54-104 (NONSTANDARD STREET 1/13/94
WIDTHS), BY MODIFYING WIDTH OF A
CERTAIN STREET (ROYAL ROAD).
21. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: DADE COUNTY EMS
GRANT AWARD (FY'94) -- APPROPRIATE
$311,253, CONSISTING OF A $165,745
GRANT APPORTIONED BY METROPOLITAN DADE
COUNTY FROM STATE OF FLORIDA DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES
(HRS) UNDER THE FLORIDA E[MRGENCY
MEDICAL SERVICES GRANT PROGRAM FOR
COUNTIES, AND $145,508 IN CARRY-OVER
FUND BALANCE FROM PREVIOUS EMS GRANT
AWARDS -- ENTER INTO NECESSARY LETTER
OF UNDERSTANDING.
22. DISCUSS AND WITHDRAW PROPOSED
FIRST READING ORDINANCE TO AMEND
CODE SECTION 2-83.1 (EMERGENCY
MEDICAL TRANSPORTATION SERVICE
FEE), THEREBY INCREASING USER
FEES FOR THE USE OF EMERGENCY
MEDICAL TRANSPORTATION SERVICES
NECESSARY TO COVER INCREASES IN
OPERATIONAL COSTS --DIRECT
MANAGER TO ENSURE THAT CITY
CHARGES RATES SIMILAR TO PRIVATE
SECTOR. (See label 24)
FIRST READING
ORDINANCE
1/13/94
47-48
DISCUSSION
1/13/94
41-45
45-47
47-48
49
23. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE CHAPTER
54 (STREETS AND SIDEWALKS),
SECTION 54-104 (NONSTANDARD
STREET WIDTHS), BY MODIFYING THE
WIDTH OF A CERTAIN STREET (S.W. 8
STREET, BETWEEN FLAGLER AND 4
STREET).
24. DISCUSSION CONCERNING PROPOSED
FIRST READING ORDINANCE TO AMEND
CODE SECTION 2-83.1 (EMERGENCY
MEDICAL TRANSPORTATION SERVICE
FEE), THEREBY INCREASING USER
FEES FOR THE USE OF EMERGENCY
MEDICAL TRANSPORTATION SERVICES
NECESSARY TO COVER INCREASES IN
OPERATIONAL COSTS. (See label 22)
25. FIRST READING ORDINANCE: .AID CODE
SECTION 2-13 (ORDER OF BUSINESS AND
RULES OF PROCEDURE), THEREBY STATING
THAT PORTIONS OF THE AGENDA ENTITLED:
PUBLIC HEARINGS, PUBLIC DISCUSSION, AND
PERSONAL APPEARANCES SHALL BE SCHEDULED
TO BE HEARD NO EARLIER THAN 10:00 A.M.
ON DATE OF CITY CODM'lISSION MEETING.
26. FIRST READING ORDINANCE: AMEND
CODE CHAPTER 22 (GARBAGE AND
TRASH), THEREBY ELIMINATING
RESIDENTIAL BACKYARD GARBAGE
COLLECTION AND REQUIRING
RESIDENTS FROM SINGLE / DUPLEX
RESIDENCES TO PLACE THEIR GARBAGE
AT CURBSIDE ON THEIR REQUIRED
SCHEDULED COLLECTION DAYS.
27. BRIEF DISCUSSION AND DEFERRAL (TO
3:30 P.M.) OF ITEM REGARDING
CHANGE IN ZONING FOR THE
VIZCATRAN PROPERTY AT 168-200
S.W. 32 ROAD, 3200-3202 S.W. 1
AVENUE, AND 1100-1130 S.W. 22
TERRACE). (See label 58)
DISCUSSION
1/13/94
DISCUSSION
1/13/94
ORDINA4M
FIRST READING
1/13/94
ORDINANCE
FIRST READING
1/13/94
DISSCUSSION
1/13/94
50-53
53
54
55-82
82-83
28. FIRST READING ORDINANCE: ORDINANCE 84-88
ESTABLISH NEW SPECIAL REVENUE FIRST READING
FUND: SOLID WASTE REDUCTION: 1/13/94
RECYCLING AND EDUCATION
(FY'94) -- APPROPRIATE $516,732
FOR DEVELOPMENT AND
IMPLEMENTATION OF SAME (IN
ACCORDANCE WITH 403.706(4),
F.S.), CONSISTING OF A RECYCLING
PROGRAM GRANT FROM STATE OF
FLORIDA, DEPARTMENT OF
ENVIRONMENTAL REGULATION.
29. DISCUSS AND WITHDRAW PROPOSED DISCUSSION 88-91
RESOLUTION TO AUTHORIZE CITY
MANAGER TO NEGOTIATE WITH THE 1/13/94
CITY OF MIAMI SPRINGS FOR
PROPOSED SALE OF MIAMI SPRINGS
GOLF COURSE (LOCATED AT 650
CURTISS PARKWAY).
30. URGE THE UNITED NATIONS AND ALL ITS R 94-21 91-92
AFFILIATED ORGANIZATIONS TO RECOGNIZE 1/13/94
AND ACCORD FULL MEMBERSHIP TATUS TO
THE REPUBLIC OF CHINA ON TAIWAN --
FURTHER, URGE THE U.S. GOVERNvMT TO
GIVE ITS ACTIVE SUPPORT IN ORDER TO
EXPEDITE THE FULL PARTICIPATION OF THE
REPUBLIC OF CHINA ON TAIWAN IN THE
INTERNATIONAL CObMUNITY IN GEMRAL AND
THE UNITED NATIONS IN PARTICULAR.
31. AMEND RESOLUTION 93-731, WHICH
DIRECTED THE CITY MANAGER TO
ALLOW VIRGINIA KEY MARINA, INC.
(VKM) CONTINUED USE OF CITY -OWNED
LAND, FOR THE AREA GOVERNED BY
THE CONCESSION AGREEMENT WITH
MARINE STADIUM ENTERPRISES, INC.
ON A MONTH -TO -MONTH BASIS --
EXTEND TERM OF AGREEMENT TO JUNE
30, 1994 -- INCREASE PERCENTAGE
OF VKM'S GROSS RECEIPTS
(EFFECTIVE JANUARY 1, 1994) TO BE
PAID THE CITY TO 14% FOR DRY BOAT
STORAGE AND SUBLEASE
OPERATIONS -- GROSS RECEIPTS FOR
THE RESTAURANT TO REMAIN AT
10.3% -- SET PUBLIC HEARING TO
AUTHORIZE ISSUANCE OF RFP FOR UDP
CONSISTING OF DEVELOPMENT OF A
BOATYARD FACILITY, MARINA, AND
OPTIONAL ANCILLARY MARINE -RELATED
USES ON APPROXIMATELY 4.3 ACRES
OF CITY -OWNED WATERFRONT PROPERTY
(AT 3501 RICKENBACKER
CAUSEWAY) -- DIRECT
ADMINISTRATION TO COME BACK AT
THE NEXT MEETING WITH A PROPOSAL
AS IF THIS WERE TO BE A CITY
OPERATION TO COMPARE WITH USING
AN OUTSIDE COMPANY.
32. DISCUSS AND DEFER (TO FEBRUARY
MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE
CITY MANAGER TO EXECUTE AGREEMENT
WITH J.M. SERVICES, INC., TO
OPERATE / MANAGE THE BAYFRONT
PARK ARTS AND CRAFTS FESTIVAL TO
BE HELD IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK ON SPECIFIED
WEEKENDS FOR FOUR-YEAR PERIOD
COMMENCING JANUARY, 1994, FOR A
FEE OF NOT LESS THAN $5,000 PER
MONTH. (See label 52)
R 94-22
1/13/94
DISCUSSION
1/13/94
93-101
102-106
33. (A) ACCEPT BID: JR BUILDERS,
R 94-23
INC. -- FOR FURNISHING 51 FRENCH
1/13/94
WINDOWS TO BE INSTALLED AT MANUEL
ARTIME COMMUNITY CENTER (FOR
DEPARTMENT OF COMMUNITY
DEVELOPMENT) -- AT PROPOSED
AMOUNT OF $65,960 WITH OPTION #2
FOR DOUBLE PANE INSULATED GLASS
AT AN ADDITIONAL $3,200 (TOTAL
COST $69,160) -- ALLOCATE FUNDS
FROM CDBG PROGRAM (PROJECT
707210).
(B) COMMISSIONER GORT QUESTIONS
WHY THE CITY GETS SO FEW
RESPONSES TO ITS RFPs -- REQUESTS
ADMINISTRATION TO REVIEW BID
PROCEDURES.
34. BRIEFLY DISCUSS AND TEMPORARILY
R DISCUSSION
TABLE CONSIDERATION OF PROPOSED
1/13/94
RESOLUTION TO AUTHORIZE CITY
MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY, WHEREBY
DADE COUNTY WILL ENGAGE
CONSULTANT SERVICES TO PREPARE
GRANT APPLICATIONS FOR SUBMISSION
TO THE U.S. GOVERNMENT UNDER THE
EMPOWERMENT ZONES AND ENTERPRISE
COMMUNITIES PROGRAM -- ALLOCATE
$100,000 FROM CDBG 19TH YEAR
GRANT ADMINISTRATION (PROJECT
799302). (See label 51).
35. ACCEPT BID: HORIZON CONTRACTORS,
R 94-24
INC. ( $374, 011.50, TOTAL BID OF
1/13/94
PROPOSAL) -- FOR ALLAPATTAH C.D.
STREET IMPROVEMENT - PHASE V, B-
4552 -- ALLOCATE FUNDS (CIP
341181) -- EXECUTE CONTRACT.
36. ACCEPT BID: MARTIN VILA AND R 94-25
ASSOCIATES, INC. ($235,911, TOTAL 1/13/94
BID OF PROPOSAL) -- FOR MODEL
CITIES C.D. STREET IMPROVEMENT -
PHASE VII, B-4554 -- ALLOCATE
FUNDS (CIP 341179) -- EXECUTE
CONTRACT.
106-110
112-114
37. ACCEPT BID: M. VILA & ASSOCIATES R 94-26
( $169, 000, TOTAL BID OF 1/13/94
PROPOSAL) -- FOR DESIGN TO BUILD
BOBBY MADURO PARKING LOT (2ND
BIDDING), H-1035 -- ALLOCATE
FUNDS FROM F.E.M.A. REIMBURSEMENT
PROJECT 403906 -- EXECUTE
CONTRACT.
38. AUTHORIZE ANNUAL PURCHASE OF R 94-27
ASPHALTIC CONCRETE ON AS -NEEDED 1/13/94
BASIS (FOR DEPARTMENT OF PUBLIC
WORKS) FROM SUPPLIERS UNDER
EFFECTIVE CONTRACT WITH
METROPOLITAN DADE COUNTY (TOTAL
COST NOT TO EXCEED $150,000
ANNUALLY).
39. AUTHORIZE / PERMIT JETRO CASH AND R 94-28
CARRY ENTERPRISES OF FLORIDA, 1/13/94
INC. TO CONSTRUCT / MAINTAIN A
PEDESTRIAN WALKWAY CANOPY OVER
AND ACROSS PUBLIC UTILITY
EASEMENT EAST OF N.W. 12 AVENUE,
BETWEEN TWO SEPARATE BUILDINGS,
AT 2041 N.W. 12 AVENUE --
CONDITIONED UPON APPLICANT
EXECUTING A COVENANT TO INDEMNIFY
IN FAVOR OF THE CITY, WITH
PROVISOS.
40. DISCUSSION CONCERNING APPOINTMENT DISCUSSION
OF PUBLIC MEMBERS TO THE CIVIL 1/13/94
SERVICE BOARD. (See labels 42 &
46)
41. DISCUSSION CONCERNING DISCUSSION
APPOINTMENTS TO THE CODE 1/13/94
ENFORCEMENT BOARD. (See label 48)
42. CAST BALLOTS FOR APPOINTMENTS TO DISCUSSION
CIVIL SERVICE BOARD. (See labels 1/13/94
40 & 46)
43. DISCUSSION CONCERNING LETTER FROM DISCUSSION
THE MANAGING ENTITY (FLAGLER 1/13/94
STREET ASSOCIATES) OF THE SEYBOLD
BUILDING, EXPRESSING ITS
DISCONTENT WITH THE DOWNTOWN
DEVELOPMENT AUTHORITY -- DIRECT
CITY MANAGER TO INVITE A
REPRESENTIVE OF FLAGLER STREET
ASSOCIATES TO ATTEND A CITY
COMMISSION MEETING.
114-115
115-116
116-118
118-120
120-121
121
121-122
44. CONFIRM ELECTED EMPLOYEE MEMBERS R 94-29
TO SERVE ON THE CIVIL SERVICE 1/13/94
BOARD. (Confirmed were: Louis
Kickasola and Orlando Llamas.)
45.
APPOINT / CONFIRM INDIVIDUALS AS
R 94-30
MEMBERS TO THE CITY OF MIAMI
1/13/94
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
(Reappointed were: Hector Serrano
and Ron Thompkins; confirmed
were: William [Jack] Rabun and
Krista Woods.)
46.
(Continued discussion) APPOINT
R 94-31
PUBLIC MEMBERS TO THE CIVIL
1/13/94
SERVICE BOARD. (Appointed were:
Gerald Silverman, Rita Suarez,
and George H. Adams.) (See labels
40 & 42)
47.
(A) APPOINT / REAPPOINT
R 94-32
INDIVIDUALS AS REGULAR MEMBERS OF
R 94-33
THE PLANNING ADVISORY BOARD.
1/13/94
(Appointed was: Brian Flynn
Geenty; reappointed were: Carlos
J. Arboleya, Jr., and Pedro
Alicio Lopez; pending still are
two appointments.)
(B) APPOINT / REAPPOINT
INDIVIDUALS AS REGULAR MEMBERS OF
THE ZONING BOARD. (Appointed
were: Henry Crespo and Ileana
Hernandez; reappointed was:
Lorenzo Lorenzo-Luaces; pending
still is one appointment.)
48.
(A) (Continued discussion)
R 94-34
APPOINT INDIVIDUALS AS MEMBERS OF
R 94-34.1
THE CODE ENFORCEMENT BOARD.
1/13/94
(Appointed were: Jimmy Morales,
Danny Couch and Ann Carlton.)
(See label 41)
(B) REAPPOINT INDIVIDUALS AS
MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY BOARD.
(Reappointed were: Robert Ratiner
and Stephen Nuell.)
122-124
124-125
125-126
127-132
132-135
49.
RESCHEDULE FIRST COMMISSION
R 94-35 135-137
MEETING IN FEBRUARY TO TAKE PLACE
1/13/94
ON FEBRUARY 17, 1994 --
RESCHEDULE FIRST COMMISSION
MEETING IN MARCH TO TAKE PLACE ON
MARCH 24, 1994.
50.
APPROVE CITY MANAGER'S
R 94-36 138-143
RECOMMENDATION NOT TO EXTEND THE
1/13/94
BOATYARD MANAGEMENT COMPANY'S
AGREEMENT IN CONNECTION WITH
DINNER KEY BOATYARD (2640 S.
BAYSHORE DRIVE) -- CITY TO DEAL
DIRECTLY WITH ANY TENANTS THAT
ARE PRESENTLY CONDUCTING BUSINESS
AT THE BOATYARD UNTIL COMMISSION
DECIDES ON FURTHER ACTION.
51.
(Continued discussion) AUTHORIZE
R 94-37 143-147
CITY MANAGER TO ENTER INTO
1/13/94
INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY, WHEREBY
DADE COUNTY WILL ENGAGE
CONSULTANT SERVICES TO PREPARE
GRANT APPLICATIONS FOR SUBMISSION
TO THE U.S. GOVERNMENT UNDER THE
EMPOWERMENT ZONES AND ENTERPRISE
COMMUNITIES PROGRAM -- ALLOCATE
$100,000 FROM CDBG 19TH YEAR
GRANT ADMINISTRATION PROJECT
799302 -- DIRECT ADMINISTRATION
THAT IF THERE ARE ANY CHANGES,
ADDITIONS, OR DELETIONS BY THE
CONSULTANT THAT SAID ISSUES WILL
COME BACK BEFORE THE COMMISSION.
(See label 34)
52.
(Continued discussion) SCHEDULE
DISCUSSION 147-148
FOR JANUARY 27TH COMMISSION
1/13/94
MEETING CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE CITY
MANAGER TO EXECUTE AGREEMENT WITH
J.M. SERVICES, INC., TO OPERATE /
MANAGE THE BAYFRONT PARK ARTS AND
CRAFTS FESTIVAL TO BE HELD IN
MILDRED AND CLAUDE PEPPER
BAYFRONT PARK ON SPECIFIED
WEEKENDS FOR FOUR-YEAR PERIOD
COMMENCING JANUARY, 1994, FOR A
FEE OF NOT LESS THAN $5,000 PER
MONTH. (See label 32)
53.
RATIFY CITY MANAGER'S FINDING
R 94-38
THAT EMERGENCY EXISTED -- WAIVE
1/13/94
REQUIREMENTS FOR COMPETITIVE
SEALED BIDS -- APPROVE
ACQUISITION OF A PLASTIC CAGE FOR
THE EAGER BEAVER RECYCLER 23 FROM
GENERAL ENGINES COMPANY, INC.
(FOR DEPARTMENT OF GSA AND SOLID
WASTE).
54.
NAME CITY -OWNED PARK PROPERTY
R 94-39
LOCATED AT N.E. 71 STREET AND
1/13/94
BISCAYNE BAY AS "BAYWOOD PARK."
55.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION)
PERSONAL APPEARANCE BY MR. DONALD
1/13/94
J. HINSON, EXECUTIVE DIRECTOR OF
GREATER BISCAYNE BOULEVARD
CHAMBER OF COMMERCE TO PRESENT
THE CHAMBER'S LOGO AND THE LATEST
MULTIMILLION DOLLAR ECONOMIC
DEVELOPMENT PROJECT: "MIAMI'S
INTERNATIONAL VILLAGE AND
MARKETPLACE." (See label 57)
56.
APPOINT VICE MAYOR MILLER DAWKINS
R 94-40
AND COMMISSIONER WIFREDO GORT TO
1/13/94
BE THE LIAISONS BETWEEN THE CITY
COMMISSION AND THE STATE
LEGISLATURE IN TALLAHASSEE BY
WORKING WITH THE CITY'S LOBBYIST
AND COORDINATING THE CITY'S
EFFORTS -- AUTHORIZE CITY MANAGER
TO COVER TRAVEL EXPENSES --
ENCOURAGE ALL COMMISSION MEMBERS
TO GO TO TALLAHASSEE TO LOBBY FOR
CITY ISSUES.
57.
(Continued) PERSONAL APPEARANCE:
DISCUSSION
MR. DONALD J. HINSON, EXECUTIVE
1/13/94
DIRECTOR OF GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE TO
PRESENT THE CHAMBER'S LOGO AND
THE LATEST MULTIMILLION DOLLAR
ECONOMIC DEVELOPMENT PROJECT:
"MIAMI'S INTERNATIONAL VILLAGE
AND MARKETPLACE." (See label 55)
148-149
149-151
151-153
153-154
155-158
58.
(Continued) INSTRUCT CITY MANAGER
R 94-41
158-170
TO NEGOTIATE WITH OWNER OF THE
1/13/94
VIZCATRAN PROPERTY (AT 168-200
S.W. 32 ROAD, 3200-3202 S.W. 1
AVENUE, AND 1100-1139 S.W. 22
TERRACE) FOR ACQUISITION OF SAID
PROPERTY (TO BE PAID IN -KIND WITH
OTHER PROPERTY, IF POSSIBLE,
AND/OR CASH). (See label 27)
59.
PERSONAL APPEARANCE:
DISCUSSION
170-172
REPRESENTATIVES FROM MORNINGSIDE
1/13/94
CIVIC ASSOCIATION ZONING / CODE
ENFORCEMENT COMMITTEE -- TO
DISCUSS UPGRADING CODE
ENFORCEMENT FOR COMMERCIAL
BUILDINGS IN NORTHEAST SECTOR OF
CITY, SPECIFICALLY FOR
INTRODUCING PAINTING AND SIGNAGE
REQUIREMENTS.
60.
PERSONAL APPEARANCE: MR. THELBERT
DISCUSSION
173-174
JOHNAKIN, CHAIRPERSON OF MODEL
1/13/94
CITY CRIME PREVENTION SUB -COUNCIL
AND TASK FORCE -- TO REQUEST
STATUS REPORT REGARDING: (1)
CRIME WATCH ON WHEELS; (2)
IMPROVEMENTS TO BE MADE ON THE
NORTH DISTRICT SUBSTATION
BUILDING, AND (3) THE PUSH OUT
THE PUSHER (P.O.P.) UNIT.
61.
ADOPT LEGISLATIVE PACKAGE PREPARED BY
R 94-42
174-178
INTERGOVERNMENTAL AFFAIRS.
1/13/94
62.
(Continued) AUTHORIZE FUNDING OF THE
R 94-43
178-179
CRIME PREVENTION PROGRAM -- ALLOCATE
1/13/94
$100,000 FROM LAW ENFORCEMENT TRUST
FUMED (LETF) . ( See label 2 )
63.
AUTHORIZE CITY MANAGER TO FCTEND
R 94-44
180-181
CONTRACT WITH MET CONSTRUCTION, INC. --
1/13/94
TO COMPLETE EgUM4CY WORK (REQUIRED BY
FIRE MARSHALL) IN THE AT&T AMPHITHEATER
IN BAYFRDNT PARK.
64.
DISCUSSION CONCERNING FEES CHARGED TO
DISCUSSION
181-182
SIDEWALK CAFES ON S.W. 8 STREET (CALLE
1/13/94
OCHO) AMID IN COCONUT GROVE.
65. APPOINT INDIVIDUAL AS MEMBER OF R 94-45 182-184
THE CITYWIDE COMMUNITY 1/13/94
DEVELOPMENT ADVISORY BOARD.
1 (Appointed was: Rev. Freeman
Wyche.)
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of January, 1994, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:11 a.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ABSENT: Commissioner Victor De Yurre
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in
a pledge of allegiance to the flag.
NONE FOR THE RECORD: At this point, the
Administration withdrew items CA-1, 8, 10, 21, 26 and
46.
1 January 13, 1994
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
------------------------------------------------------------------------------
A. Presentation: Distinguished Visitors -- Dr. Richardo Alarcon,
President Caracol Network, and Dr. Dario Arismendi, Caracol Network
Director.
B. Presentation: Certificates of Appreciation -- Alberto Diaz Mateus,
Vice President and General Manager, Caracol Miami, and William
Restrepo, News Director, Caracol Miami.
NOTE FOR THE RECORD: Commissioner De Yurre entered
the meeting at 9:14 a.m.
------------------------------------------------------------------------------
2. DISCUSS AND TEMPORARILY TABLE (UNTIL AFTERNOON SESSION) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE FUNDING OF THE CRIME PREVENTION
PROGRAM. (See label 62)
------------------------------------------------------------------------------
Vice Mayor Dawkins: Mr. Mayor, I'd like a point of special privilege, please.
Mayor Clark: Yes, sir. Mr. Dawkins. Please.
i
Vice Mayor Dawkins: On item number 23, Mr. Manager.
i
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: Bring it back this afternoon, we can bring it back as an
emergency, but put in the agency that will receive the $100,000 and what the
agency will do for the $100,000. Next year when I start complaining that you
gave a $100,000 to an agency, nobody will know who it was.
I
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Bring it back this afternoon. And bring it back as an
emergency because this is the fourth time this has been enforced. Thank you.
2 January 13, 1994
------------------------------------------------------------------------------
3. BRIEFLY DISCUSS AMID WITHDRAW CONSIDERATION OF PROPOSED RESOLiTI'ION TO
AUTHORIZE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES TO
CONSTRUCT / MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS N.E. 15
STREET BETWEEN THE OMNI METROMOVER STATION AMID THE OMNI COMPLEX.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor. Item 42 is mine on the agenda. There are
some problems with 42, and I ask that 42 be withdrawn until the next agenda,
Mr. Mayor.
Mayor Clark: Forty-two?
Commissioner Plummer: Item 42 in relation to the Centennial celebration. So,
I'd ask that that be withdrawn at this time.
Mr. Cesar Odio (City Manager): And, Mr. Mayor, we need to withdraw 24.
Mayor Clark: Sir?
Mr. Odio: Withdraw 24.
Mayor Clark: Contract of the overpass?
Mr. Odio: Yes, sir. We are not finalized.
j Mayor Clark: But that is not going to cost the City any money?
i
Mr. Odio: No, sir.
Vice Mayor Dawkins: But it's already up, isn't it?
Commissioner Plummer: Yeah, that's what I was wondering about.
Vice Mayor Dawkins: But what I'm saying is, it's already up. I don't know
why we keep bringing this up here. This is about the sixth time it has been
before us, and people are walking from one building to the other building.
And, yet, you present this as if you are trying to get authorization to
j proceed.
Mr. Wally Lee (Assistant City Manager): Commissioner, it was withdrawn at the
request of the applicant.
Vice Mayor Dawkins: Who is the applicant?
Mr. Lee: Equitable Life.
Vice Mayor Dawkins: Public Works.
Mayor Clark: No, Equitable.
Vice Mayor Dawkins: Who?
3 January 13, 1994
Mr. Lee: No, Equitable.
Commissioner Plummer: Well, may I inquire?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: Didn't we approve the overpass in a previous meeting?
Mr. Lee: No.
Commissioner Plummer: No, we did not?
Mr. Lee: No, sir.
Commissioner Plummer: OK.
Mayor Clark: All right, it's been withdrawn.
Commissioner Plummer: Well, Mr. Mayor, for the record, I want to tell you
something. Equitable is not being extremely cooperative with DDA (Downtown
Development Authority) in reference to a lease for the International
Marketing. So, I want to send a message to Equitable that cooperation is a
two way street.
Mr. Lee: Yes, sir.
Mayor Clark: Thank you.
Mayor Clark: On the...
Commissioner Gort: Consent agenda.
Mayor Clark: ...consent agenda.
Cammissioner Plummer: I'd like to pull item 21.
Vice Mayor Dawkins: Pull 4 and 8 for discussion, Mr. Mayor, please.
Mayor Clark: Yes, sir.
Commissioner Gort: Mr. Mayor, I'd like to pull 8, 17, and 19.
Mayor Clark: 8, 17 and 19?
Commissioner Gort: Uh-huh.
Commissioner Plummer: And 21.
4 January 13, 1994
Commissioner Gort: For discussion.
Mayor Clark: And 21. Do you need a motion on that, Madam Clerk?
Vice Mayor Dawkins: Only the approval once.
Mr. Cesar Odio (City Manager): We are...
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor, we need a motion on the
complete consent agenda, and then we will discuss the ones that have been
pulled.
Mr. Odio: Please announce we withdrew CA-1.
Mayor Clark: Please, now, just a moment. CA-1 has been withdrawn. Mr.
Plummer, you start again.
Commissioner Plummer: Mr. Mayor, I only asked for CA-21 to be taken out for
discussion.
Mayor Clark: All right, Mr. Dawkins.
Vice Mayor Dawkins: Four and 8, Mr. Mayor, please.
Mayor Clark: To be withdrawn?
Vice Mayor Dawkins: No, sir, to be pulled to discuss.
Mayor Clark: All right. And to discuss 12 through...
Vice Mayor Dawkins: Mr. Gort.
Mayor Clark: ...16... 16 through 21. Twelve, 15, and 16 through 21 for
discussion. All right.
Commissioner Gort: Did you get mine, Mr. Mayor?
Mayor Clark: No, sir.
Commissioner Gort: OK, mine are C-8, 17, and 19.
Mayor Clark: C-8, 17, and 19. I think that I included some of those in that.
Commissioner Gort: OK. Thank you, sir.
Mayor Clark: Yes.
Vice Mayor Dawkins: So, I... Mr. Mayor, I move that we move the consent
agenda except the items that were pulled for discussion.
Mayor Clark: All right, is there any person present, who would like to
address the other items on the consent agenda?
5 January 13, 1994
Mr. Manuel Gonzalez-Goenaga: Yes, your honor.
Mayor Clark: Give us your name and address for the record.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, my address is 227
Santillane. I am the founder of, and chairman of Citizens United Against
Police Brutality among other things. Besides the ones you have mentioned, I
would like to make a statement on CA-2 which I'm going to if you allow me to
present it right now.
Mayor Clark: Go ahead.
Mr. Gonzalez-Goenaga: It is regarding the annual report.
Mr. Plummer: Which item?
Commissioner Gort: CA-2.
Mr. Gonzalez-Goenaga: The Police Department. CA-2. I don't have any quarrel
with an annual report as it's common in public corporations where the owners
are the shareholders. Here, in the City of Miami, the owners are the
citizens. But, in the annual report, they have to produce the truth, not
being merchants of deception. I have seen previous annual reports, and all is
an act of complacency. They must provide the good, the bad, and the evil of
the Police Department, true, faithful, honest, full disclosures. Thank you.
Mayor Clark: Thank you, sir. Other persons want to speak on items that have
not been withdrawn to discuss? We want to move the balance of the consent
agenda.
Vice Mayor Dawkins: So moved.
Mayor Clark: Moved by Mr. Dawkins. Is there a second?
Commissioner Plummer: Second.
Mayor Clark: Call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY VICE MAYOR DAWKINS AND
SECONDED BY CMUSSIONER PIIMMMER, THE CONSENT AGERM
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
6 January 13, 1994
4.1 ACCEPT BID: EVACO, INC. -- FOR TYPESETTING AND LAYOUT OF CITY OF
MIAMI'S ANNUAL FINANCIAL REPORT (FOR DEPAR'IMM OF GSA AND SOLID WASTE /
GRAPHIC REPRODUCTIONS DIVISION).
RESOLUTION NO. 94-1
A RESOLITION ACCEPTING THE BID OF EVACO, INC. FOR THE
TYPESETTING AND LAYOUT OF THE CITY OF MIAMI'S ANNUAL
FINANCIAL REPORT AS REQUIRED BY STATE LAW ON A
CONTRACT BASIS FOR ONE (1) YEAR PERIOD WITH THE OPTION
TO MEM FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AMID
SOLID WASTE/GRAPHIC REPRODUCTIONS DIVISION AT A TOTAL
PROPOSED COST OF $11,000.00; ALLOCATING FUNDS THEREFOR
FROM GENERAL SERVICES ADMINISTRATION DIVISION, ACCOUNT
CODE NO. 420501-680; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE AND THEREOF. M
EX M SAID CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
PERIOD AT THE SAME PRICE, TERMS AMID CONDITIONS AND
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, anitted here and
on file in the Office of the City Clerk.)
4.2 ACCEPT BID: CORE CONCEPTS -- FOR FURNISHING 15 OFFICE CHAIRS (FOR
POLICE DEPARTMENT).
RESOLUTION NO. 94-2
A RESOLUTION ACCEPTING THE BID OF CORE CONCEPTS FOR
THE FURNISHING OF 15 OFFICE CHAIRS AT A TOTAL PROPOSED
AMOUNT OF $6,932.32; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT SPECIAL REVENUE FUND, PROJECT
NO. 196002, INDEX CODE 290461-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 January 13, 1994
4.3 ACCEPT BID: HORIZON CONTRACTORS, INC. -- FOR OVERTOWN C.D. STREET
IMPROVEMENT PHASE I, B-4553 (CIP 341180) -- EX]ECUTE CONTRACT.
RESOLUTION NO. 94-3
A RESOLUTION ACCEPTING THE BID OF HORIZON CONTRACTORS,
INC., IN A PROPOSED AMOUNT NOT TO EXCEED $64,555.42,
TOTAL BID OF THE PROPOSAL, FOR OVERTOWN C.D. STREET
IMPROVEMENT - PHASE I, B-4553; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 1991-92 CAPITAL
IMPROVEMENT ORDINANCE NO. 10938, AS AMENDED, PROJECT
NO. 341180, IN THE AMOUNT OF $64,555.42 TO COVER THE
CONTRACT COST AMID $14,892.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $79,447.42;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, atiitted here and
on file in the Office of the City Clerk.)
4.4 ACCEPT BID: CENTRAL CONCRETE SUPERMIX, INC. -- FOR FURNISHING READY MIX
CONCRETE (TO DEPARTMENT OF PUBLIC WORKS).
RESOLUTION NO. 94-4
A RESOLUTION ACCEPTING THE BID OF CENTRAL CONCRETE
SUPERMIX, INC. FOR FURNISHING READY MIX CONCRETE TO
THE DEPARTMENT OF PUBLIC WORKS ON A CONTRACT BASIS FOR
AN INITIAL PERIOD TO EXPIRE ON SEPTEMBER 30, 1994, AT
A UNIT COST OF $41.50 PER CUBIC YARD, ON AN AS -NEEDED,
WHEN -NEEDED BASIS, FOR AN ESTIMATED TOTAL COST FOR THE
INITIAL CONTRACT PERIOD IN THE AMOUNT OF $20,750;
ALLCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 310501-
750; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS MATERIAL AND TO EXTEND THIS CONTRACT FOR TWO(2)
ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME UNIT
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 January 13, 1994
4.5 RATIFY CITY MANAGER'S ACTION IN AWARDING BID NO. 92-93-122 TO RECIO AND
ASSOCIATES -- FOR PLANTING TREES / PALMS AT LLM4JS PARK.
RESOLUTION NO. 94-5
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN AWARDING BID NO. 92-93-
122 TC THE MWEST RESPONSIVE AND RESPONSIBLE BIDDER,
RECIO AMID ASSOCIATES, FOR THE PLANTING OF TREES AND
PALMS AT UA*1US PARK ON AN EMERGENCY BASIS DUE TO
GRANT EXPIRATION COMPLETION DEADLINE FOR THE
DEPARTMM OF PARKS AND RECREATION IN A TOTAL PROPOSED
A%)UNT OF $13,140.00; ALLCOATING FUNDS THEREFOR FROM
THE SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT
FUNDS, PROJECT NO. 331042, ACCOUNT CODE NO. 589301-
860.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.6 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH DAVID M. GRIFFITH &
ASSOCIATES, LTD. -- TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN
I
TQ RECOVER OVERHEAD COSTS FROM GRANTS FOR FISCAL 'YEAR 1993 -- ALIOCATE
$15,000.
RESOLUTION NO. 94-6
A RESOIITTION, WITH ATTA001ENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FIRM OF DAVID M. GRIFFITH &
ASSOCIATES, LTD., To PREPARE A CENTRAL SERVICES COST
ALTiOCATION PLAN FOR THE PROPOSE OF RECOVERING OVERHEAD
COSTS FROM GRANTS FOR FISCAL YEAR 1993; ALLOCATING
FUNDS THEREFOR, IN AN AMJUNT NOT TO EXCEED $15,000,
FROM SPECIAL PROGRAMS AMID ACCOUNTS, ACCOUNT NO.
921002-270.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9 January 13, 1994
4.7 APPROVE USE OF JAMES L. KNIGHT CONVENTION CENTER'S RIVERFRONT HALL BY
DEPARTMENT OF FIRE -RESCUE -- FOR PRESENTATION OF THE 1994 FIRE SAFETY
CHILDREN'S FESTIVAL DURING NATIONAL FIRE PREVENTION WEEK (OCTOBER 10-14,
1994) -- APPROVE GRANT ($8,400) -- ALLOCATE FUNDS -- EXECUTE AGREEMENT /
ADDENDUM.
RESOLUTION NO. 94-7
A RESOLUTION, WITH ATTAQ-MU, CONCERNING THE USE OF
THE JAMES L. KNIGHT CONVENTION CENTER'S RIVERFRONT
HALL BY THE DEPARTMENT OF FIRE -RESCUE FOR THE
PRESENTATION OF THE 1994 FIRE SAFETY CHILDREN'S
FESTIVAL DURING NATIONAL FIRE PREVENTION WEEK, OCTOBER
10 - 14, 1994, IN SUPPORT OF SAID EVENT; ALLOCATING
FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT AND ADDENDUM, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH LEISURE MANAMMT FLORIDA, INC. FOR THIS
PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.8 RATIFY CITY MANAGER'S ACTION IN FXECUTING AGREEMENT TO SELL 300,000
CUBIC YARDS OF FILL MATERIAL FROM VIRGINIA KEY S!IOCKPPILE TO CITY OF
NORTH MIAMI FOR $50,000.
RESOLUTION NO. 94-8
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE ACTION OF THE CITY MANAGER IN
EXECUTING AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, TO SELL 300,000 CUBIC YARDS OF FILL MATERIAL
FROM THE VIRGINIA KEY STOCKPILE TO THE CITY OF NORTH
MIAMI FOR THE LUMP SUM AMOUNT OF $50,000.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.9 AUTHORIZE CITY MANAGER TO EXECUTE EASEMENT AGRE MM WITH METROPOLITAN
DADE COUNTY -- FOR A FORTY -EIGHT -INCH SEWAGE FORCE MAIN -- GRANT
TEMPORARY CONSTRUCTION EASEMENT.
10 January 13, 1994
RESOLUTION NO. 94-9
A RESOLUTION, WITH ATr'AaOHM'S, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN METROPOLITAN
DADE COUNTY (THE "CCC)NTY") AND THE CITY OF MIAMI (THE
"CITY") THEREBY GRANTING AN EASEMENT TO THE COUNTY FOR
A FORTY EIGHT -INCH SEWAGE FORCE MAIN, ON REAL PROPERTY
LEGALLY DESCRIBED BY THE EASEMENT AGREEMENT AND SHOGUN
ON EXHIBIT "A-l" TO THE EASEMENT AGREEMENTC, AND IN
ADDITION, GRANTING A TEMPORARY CONSTRUCTION EASEMENT
OF THE REAL PROPERTY LEGALLY DESCRIBED BY THE EASEMENT
AGREEMENT AND SHOWN ON EXHIBIT "A-2" TO THE EASEMENT
AGREEMENT; SAID AUTHORIZATION FURTHER CONDITIONED UPON
PROVISIONS AS MORE SPECIFICALLY DESCRIBED AND
INCORPORATED HEREIN.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.10 ACCEPT OWNERSHIP OF EXISTING STORMWATER DRAINAGE SYSTEM LOCATED IN
PRIVATE STREETS, UTILITY PARKWAYS AND EASEMENTS IN THE BAY POINT
SUBDIVISION FROM PROPERTY OWNERS -- AUTHORIZE CITY MANAGER TO EXECUTE AN
ABSOLUTE BILL OF SALE WITH THE BAY POINT HOMEOWNERS ASSOCIATION, INC.
RESOLUTION NO. 94-10
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE OWNERSHIP
OF THE EXISTING STORMWATER DRAINAGE SYSTEM LOCATED IN
THE PRIVATE STREETS, UTILITY PARKWAYS AND EASEMENTS IN
THE BAY POINT SUBDIVISION FROM THE PROPERTY OWNERS OF
THE UMID SUBDIVISION; FURTHER AUTHORIZING THE CITY
MANAGER TO FCC,= AN ABSOLUTE BILL OF SALE, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY
OF MIAMI WITH THE BAY POINT HCMEOWNERS ASSOCIATION,
INC.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.11 ACCEPT PLAT: OMNI ANNEX.
RESOLUTION NO. 94-11
A RESOLUTION, WITH ATTACDEM, ACCEPTING THE PLAT
ENTITLED a0l ANNEX, 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
W9 GER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
11 January 13, 1994
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
4.12 AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXISTING
AGREEMENT WITH LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.,
THEREBY EXTENDING SAID CONTRACT THROUGH JUNE 30, 1994 --
PROVIDE ADDITIONAL FUNDS ($37,500) TO BE USED BY LITTLE
HAVANA DEVELOPMENT AUTHORITY, INC. FOR TECHNICAL ASSISTANCE
AND TO FURTHER ECONOMIC DEVELOPMENT IN THE EXPANDED LITTLE
HAVANA TARGET AREA -- ALLOCATE FUNDS FROM 19TH YEAR CDBG
FUNDS.
RESOLUTION NO. 94-12
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
THE EXISTING AGREEMENT WITH LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC., THEREBY EXTENDING SAID CONTRACT THROUGH
JUNE 30, 1994 AND PROVIDING ADDITIONAL FUNDS, IN THE
AMOUNT OF $37,500; SAID FUNDS TO BE USED BY THE LITTLE
HAVANA DEVELOPMENT AUTHORITY, INC. TO PROVIDE TECHNICAL
ASSISTANCE AND TO FURTHER ECONOMIC DEVELOPMENT IN THE
EXPANDED LITTLE HAVANA TARGET AREA; ALLOCATING FUNDS
THEREFOR FROM THE NINETEENTH (19TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
------------------------------------------------------------------------------
5. CONTINUE ENGAGEMENT OF TEW & GARCIA-PEDROSA -- TO SERVE AS CO -COUNSEL
BEFORE U.S. DISTRICT COURT FOR PRE-TRIAL LITIGATION SERVICES IN
CONNECTION WITH MIAMI MARINE EXPOSITION, INC. VS. CITY OF MIAMI (CASE
NO. 90-967-CIV-MOORE) -- ADDITIONAL INTERIM FEE NOT TO EXCEED $75,000 --
ALLOCATE FUNDS FROM CITY'S SELF-INSURANCE AND INSURANCE TRUST FUND.
Mayor Clark: All right, on discussion of... Mr. Plummer.
Commissioner Plummer: On my item, Mr... You are going to start from the back
forward, OK.
Vice Mayor Dawkins: No, 21.
Commissioner Plummer: I have extreme concerns, as I explained before to my
good friend, Jose Garcia -Pedrosa. Mr. City Attorney, it was with our
understanding that he was hired previously with a predicate that he would be
there in attendance. It has not been the case with myself and I can't speak
for others. But, at the last time that I was taken in on this deposition in
particular, he was there for a very brief period of time and left. Now, I
think the man is very well qualified; I think the man is very familiar with
12 January 13, 1994
this case, but it was our understanding, at least my understanding, when he
was hired, that he and no other person, whether better or less than him, would
be there to represent us. And I will vote on this again, with a full
understanding, as if he is going to be there, he must be there at all times to
represent us, the Commission, in this case.
Mayor Clark: All right.
Commissioner De Yurre: How much have they collected...
Mayor Clark: Please, please, a moment, a moment, Mr...
Commissioner Plummer: I can't answer that, Victor. You mean...
Mayor Clark: All right.
Commissioner Plummer: ...previous to this?
Mayor Clark: One question to the attorney, Mr. Jones. Can we pay attorney
fees up front?
A. Quinn Jones III, Esq. (City Attorney): I'm sorry.
Mayor Clark: Out of the Self -Insurance Trust Fund?
Mr. Jones: I'm sorry, I can't hear. I can't hear.
Mayor Clark: Please!
Mr. Jones: I'm sorry, Mr. Mayor, would you repeat your question?
Mayor Clark: Can we pay attorney's fees up front? Because this apparently is
how it is supposed to be, right?
Mr. Jones: This is basically...
Mayor Clark: Out of the Self -Insurance Trust Fund?
Mr. Jones: That's were it's coming from, yes.
Mayor Clark: All right.
Commissioner Plummer: I'm assuming, Mr. City Attorney, that you have
negotiated some fee, and it is understood what they will be paid on an hourly
basis plus expenses.
Mr. Jones: Yeah, that's correct.
Commissioner Plummer: Would you put on the record what their fee is?
Mr. Jones: I believe that... my recollection is that the fee that was
negotiated was $170... I think it was a $175 an hour for Mr. Garcia-Pedrosa's
time, and that of an associate. Depending on the level of associates, I think
it was 130 either 150, somewhere in that range.
13 January 13, 1994
Commissioner Plummer: But that associate is for the purposes of research, not
to represent us?
Mr. Jones: Well, not only for research, you have to understand that this case
was on a fast track, and most of the money that was expended was right prior
In time to the case being scheduled to go to trial. So, if his firm is like
any other firm, the associates are not necessarily relegated to doing
research. There are motions that had to be... were filed. There were
discoveries that had to be taken. So, they would have been involved in that.
It would be... To be quite honest with you, it'd be much cheaper... it's much
more cost effective to have an associate do it rather than a partner doing
certain routine matters as in discovery, answering interrogatories, those
types of items.
Mayor Clark: All right, sir. Thank you. Any further discussion on that
item?
Cca missioner Plummer: No, sir.
Mayor Clark: All right, what is the mind of...
Commissioner De Yurre: Mr. Mayor.
Vice Mayor Dawkins: Comni.ssioner De Yurre has a question.
Commissioner De Yurre: How much have we paid already this law firm in this
matter?
Mr. Jones: We have paid to date, which you have authorized, $100,000.
Commissioner De Yurre: OK. Plus another 75 now?
Mr. Jones: This would be another 75.
Commissioner De Yurre: OK. And how much money are we talking
about,
potentially, the exposure in this matter?
Mr. Jones: The worst case scenario in terms of damages in the case,
because
what you are talking about is loss of development rights, could mean breach of
contract, the worst case scenario if they were able to prove up
damages
would... you are looking at 342 million dollars.
Mayor Clark: Oh, that's nice. Maybe we can go to the County and
get the
{ money. All right, thank you, Mr. De Yurre.
Mr. Manuel Gonzalez-Goenaga: In order to make a full disclosure
so the
citizens will know, if I am... would like to be corrected on this, is this the
case of Mas Canosa and his group regarding the Watson Island issue?
Well, I
am in full accord with the law firm of Tew and Garcia -Pedrosa. We
have an
opponent who is not an angel, who I know his ins and outs - the Herald also
]mows part of them - and this is a very shrewd individual, no angel
and no
patriot. Thank you very much.
14 January 13, 1994
Mayor Clark: All right. Next item.
Vice Mayor Dawkins: What is the motion, J.L.?
Commissioner Plummer: I'm sorry?
Mayor Clark: Let's move them all at one time.
Commissioner Plumper: That's... However you want to do it, Mr. Mayor. I'll
move it as long as it's with the full understanding that when we go for
depositions that Mr. Pedrosa himself will be present.
Mayor Clark: Yes, sir. Second?
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plumper, who
moved its adoption:
RESOLUTION NO. 94-13
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM OF
TEW & GARCI.A-PEDROSA TO SERVE AS CO -COUNSEL BEFORE THE
UNITED STATES DISTRICT COURT FOR PRE-TRIAL LITIGATION
SERVICES IN CONNECTION WITH THE CASE OF MIAMI MARINE
EXPOSITION, INC. VS. CITY OF MIAMI, CASE NO. 90-967-CIV-
MOORE, WITH AN ADDITIONAL INTERIM FEE FOR SUCH SERVICES NOT
To EXCEED $75,000.00; ALLOCATING FUNDS THEREFOR FROM THE
I CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
i
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
! ABSENT: None.
r
15 January 13, 1994
-------------------------------------------------------------------------------
6. REQUEST CITY MANAGER TO EFFECT DEPLOYMENT OF ADDITIONAL POLICE PATROL
UNITS AND SOLID WASTE INSPECTORS TO THE ALLAPATTAH PRODUCE DISTRICT
(BOUNDED ON THE NORTH BY N.W. 23 STREET, ON THE EAST BY N.W. 10 AVENUE,
ON THE SOUTH BY N.W. 20 STREET, AND ON THE WEST BY N.W. 17 AVENUE) -- TO
CONTAIN CRIME AND STOP ILLEGAL DUMPING.
Mayor Clark: Next item.
Commissioner Plummer: Item 4.
Commissioner Gort: We are going to item...
Mr. Cesar Odio (City Manager): CA-4.
Commissioner Gort: Eight -CA.
Mayor Clark: CA-4.
Commissioner Gort: Mr. Mayor, my biggest problem with...
Mayor Clark: Please go ahead.
Commissioner Gort: Mr. Mayor, this is the CA-8. The only problem I have with
this item here is the... my understanding is that the study - I think we've
done enough studies in Allapattah - they are asking for $20,000 from general
funds for a study. I don't think that study should be part of this. I'd like
to pass this without that $20,000 study.
Mr. Odio: OK.
Mayor Clark: So, we don't need the study?
Commissioner Gort: No.
Commissioner Plummer: This is CA-4?
Commissioner Gort: CA-8.
Mayor Clark: CA-8.
Commissioner Plummer: What happened on CAA?
j Mayor Clark: We are going to get that in a moment.
i
I Commissioner Gort: I'm sorry about that. I'm sorry.
Commissioner Plummer: Oh, OK. All right. I'll hold on.
Vice Mayor Dawkins: Are you saying, Commissioner...
16 January 13, 1994
Commissioner Gort: I agree with the whole concept, that I think that NET
(Neighborhood Enhancement Team) should do what is requested in here.
Vice Mayor Dawkins: Uh-huh.
Canmi.ssioner Gort: But, in addition to the passage of this resolution
authorizing the City Manager to allocate $20,000 from the General Funds for a
study. My understanding was the $20,000 was not to come from the General
Fund. That's why I'd like to take that out of this motion.
Mayor Clark: Is there a motion?
Commissioner Plummer: May I ask where... Is the money still going to be
allocated?
Commissioner Gort: I don't know. I'd like to bring that later on.
Mr. Odio: No.
Commissioner Gort: Because at this time I don't like... I'd like to pass
this because we need this. We need this item in Allapattah, we need it badly.
But, I'd like to remove the $20,000 study out of it.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: I second this motion.
Cannissioner Plummer: I'm still... excuse me.
Vice Mayor Dawkins: Under discussion. Under discussion. Commissioner De
Yurre first.
Commissioner De Yurre: Yes, where was this money supposed to be coming from?
Mr. Odio: General Fund.
Commissioner De Yurre: Where would it come from if it's not General. Fund?
Mr. Odio: You could have it for Law Enforcement Trust Fund, Special Programs
and Accounts. But, what...
Commissioner De Yurre: So, is the motion, then, to go back and find another
source...
Mr. Odio: No.
Commissioner De Yurre: ...other than General Fund?
Mr. Odio: I think what we want to do is identify...
Commissioner Gort: I'd like to identify the study as a traffic study. I'd
like to get together with staff and come up with some other type of study. If
it's necessary really. I don't think it's necessary at this time.
17 January 13, 1994
Commissioner Plummer: Question.
Commissioner De Yurre: OK, go ahead.
Vice Mayor Dawkins: Go ahead, Commissioner J.L.
Commissioner Plummer: I don't think we need to study at all that we have a
crime problem.
Vice Mayor Dawkins: In that area.
Commissioner Plummer: I mean, that to me, is absolutely ludicrous. Now, Mr.
Manager, last year when I was on the ITB (International Trade Board), we got a
$50,000 grant. Wasn't it Kevin, from the MPO (Metropolitan Planning
Organization)?
Mr. Kevin Miles: Yes.
Commissioner Plummer: .And that was primarily for this area. This was to
study this area, Mr. Manager. Now... Excuse me. Am I... Kevin, if I...
And, this is to be proposed another 20?
Mayor Clark: Kevin, for the record, give us your full name.
Mr. Miles: OK. My name is Kevin Miles, and I'm the director of the
International Trade Board. And, yes, it's true what you are saying,
Commissioner Plummer. We did receive $50,000 and that's for specifically a
transportation study for the Allapattah/Wynwood Area.
Commissioner Plummer: Yeah.
Mr. Miles: That's to enhance the movement of cargo in and out of that area,
to make it even more international competitive. This particular study is more
particularized, and it's to look at ways of combating crime, what can be done
in terms of infrastructure to assist the produce area specifically.
Commissioner Plummer: I'm sorry, Kevin, but it makes no sense to me. I mean,
I don't think we need to study that we got a crime problem. Watch TV.
Mayor Clark: We got a motion. Pass the motion.
Vice Mayor Dawkins: OK, we got a motion. And I agree with Commissioner
Plummer, we know that people are shot and are being robbed. People came and
the only thing they can deal with down there is money because Jetro and Cash
and Carry does not take checks. We do have a problem. I carry... Ready to
vote?
Mayor Clark: Yes.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
18 January 13, 1994
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 94-14
A RESOLUTION REQUESTING THE CITY MANAGER TO EFFECT THE
DEVELOPMENT OF ADDITIONAL POLICE PATROL UNITS AND
SOLID WASTE INSPECTORS TO THE ALLAPATTAH PRODUCE
DISTRICT WHICH IS BOUNDED ON THE NORTH BY N.W. 23RD
STREET, ON THE EAST BY N.W. LOTH AVENUE, ON THE SOUTH
BY N.W. 20TH STREET AND ON THE WEST BY N.W. 17TH
AVENUE, FOR THE PURPOSE OF CONTAINING CRIME AND
STOPPING ILLEGAL DUMPING IN SAID AREA.
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
'f Vice Mayor Dawkins: Mayor, Commissioners. You had 17?
Commissioner Gort: No, I think it's 4.
I
Vice Mayor Dawkins: No, 4 is me, but I can wait until you...
Commissioner Gort: I think there's a gentleman that...
i
Vice Mayor Dawkins: Oh, I'm sorry, go right ahead, sir.
I
Mr. John Gregalot: I presume we are referring to CA-8.
Mayor Clark: Yes, sir. Yes.
Mr. Gregalot: Well, I have a little situation to bring forth which
includes...
19 January 13, 1994
Commissioner Plummer: What are we on?
Vice Mayor Dawkins: Eight, public discussion on eight, Commissioner Plummer.
Mr. Gregalot: Oh, I'm sorry. My name is John Gregalot. I live at 2962 S.W.
22nd Terrace. My reference is to this situation of the effectiveness of the
employees in... referring to crime and waste pickup. I won't take more than a
couple of minutes, but I'll relate an exact situation which pertains to this,
and much more of the problem which exists in Miami as far as waste pickup is
concerned. Mr. Wifredo Gort is really understanding to this when he saw the
pile of snow on 22nd Terrace which for two days did not melt after a good
intention of giving the kids something to play with. And the same problem
exists as Commissioner Plummer frequently refers to. Waste all over this City
from Sunday through the next Sunday, is there all the time. Putting the waste
in front, curb pickup... right next door to me, immediately after pickup, the
people who rent the cottage in the back part of the lot, bring out a bag and
dump it by the sidewalk. How long does it stay there? From Monday through
Friday. And the same exists throughout the entire City. People have no
concern about how the property looks. We all know that. I don't have to
refer any further to that. Now, let me get right to the meat of the
situation. I grew up in Connecticut, and here recently I went back there for
a visit. I said to my brother-in-law, I says, "Let's take this stuff and put
it out tonight, tomorrow is pickup." He says, "Oh, no, no." He says, "If I
put it out before two hours before.scheduled time, I get a ticket." And he
says, "We don't put it out till 6:00 o'clock tomorrow morning." I says,
"Well, how about if people throw things out there without your knowledge." He
says, "Makes no difference. Garbage, tires, or anything else, I am
responsible. It is my property. I must take it in, and maintain the
appearance in front of my property." Well, how do they enforce it? He says,
"They write me a ticket. If I don't pay that ticket in two weeks, it is put
on my tax bill, accruing interest as a lien." He says, "You better believe,
everybody at Waterbury, Connecticut, maintains a clean appearance."
Mayor Clark: All right.
Mr. Gregalot: And this directly relates to Miami.
Mayor Clark: All right, sir.
Mr. Gregalot: The enforcement cannot
police, or the additional inspectors,
responsibility on the property owner.
Mayor Clark: All right, sir.
be done by you, Commissioners, or the
it has to be done by putting the
Mr. Gregalot: And I would encourage you to...
Mayor Clark: Consider that.
Mr. Gregalot: ...investigate this procedure, or effectiveness here in Miami.
Mayor Clark: Thank you for your time.
20 January 13, 1994
Mr. Gregalot: Thank you.
------------------------------------------------------------------------------
7. DISCUSS AMID DEFER CONSIDERATION OF PROPOSED RESOLUTION TO ACCEPT BID OF
ZURQ1JI CONSTRUCTION SERVICE, INC. -- FOR PAN AMERICAN DRIVE MEDIAN
IMPROVD04TS PROJECT (2ND BIDDING), B-2993-A (CIP 415002).
------------------------------------------------------------------------------
Mayor Clark: CA-4.
Vice Mayor Dawkins: CA-4.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: All right, sir. Mr. Manager, it says that you are going
to spend $28,000 to do work on this Drive. Inside on page five, it says: "for
demolition, earth -work, construction, concrete curbing, new pavement, and
sodding." Now, here is the catch that I don't understand. You're spending
$28,000, but it says here, "Additive items not currently funded include,
electrical related work, installing decorative light poles, landscape, and
underground irrigation system." What does that bring the total to? And where
will it cone from?
Mr. Jim Kay: Mr. Commissioner, for the record, Jim Kay, Public Works. What
happened was that the budget that we had was only for the curbing, the
sodding, and the pavement. We bidded with additive items. We are hopeful
that maybe we could get one or two of them included in on the bid, if we got a
low bid for the sodding, and the curbing and the pavement. That didn't occur.
And so, we are not going to be doing any of the electrical work, or decorative
light poles.
Vice Mayor Dawkins: if you don't do any electrical work, how are you going to
maintain the lighting that you have there now? You see, I mean... cane on
now, let's be fair with each other, please.
Mr. Kay: Well, the light poles will be gone when this is under construction.
The lighting isn't working now.
Vice Mayor Dawkins: I move that this be deferred until they can sit down with
me, Mr. Mayor, and explain to me the differences that I have rather than hold
up the meeting. I believe, sir, to defer this...
Mayor Clark: Do you need a second on this?
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
21 January 13, 1994
'zZi MEUPON MOTION DULY MADE BY VICE MAYOR DAWKINS AMID
SECONDED BY COMMISSIONER PLU41ER, ITEM CA-4 WAS
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: There is only one bidder on that too, Mr. Dawkins.
Vice Mayor Dawkins: Yes, sir.
------------------------------------------------------------------------------
8. RATIFY CITY MANAGER'S WAIVER OF RENTAL FEES FOR USE OF ORANGE BOWL
STADIUM BY THE DADE COUNTY FOOTBALL COAQISS ASSOCIATION -- FOR THE FIRST
ANNUAL STAN MARKS MEMORIAL DADE FOOTBALL ALL-STAR GAME (DECENIDER 4,
1993) -- EXE= AGREEMENT.
Mayor Clark: All right.
Vice Mayor Dawkins: Seventeen.
Mayor Clark: Sixteen... Seventeen, we have... Mr. Gort. How about number
12? Let's go to number 12, I got this backwards this morning, but that's OK.
You get up on the wrong side sometimes.
Commissioner Plummer: Who pulled 12?
Mayor Clark: I questioned 12. Resolution establishing the fees for the Dade
County Football Coaches Association. Just one question, Mr. Manager. Why is
this retroactive?
Mr. Cesar Odin (City Manager): We did not... We were not able to put it on
the agenda prior to these events happening. That's why.
Mayor Clark: OK. All right.
Mr. Odio: It was something that I had to do on an emergency basis, Mr. Mayor.
Mayor Clark: Very good, thank you. Number 15?
Commissioner Plummer: Can I move 12? It wasn't pulled right?
22 January 13, 1994
Vice Mayor Dawkins: Second.
Mayor Clark: Moved and seconded.
Commissioner Gort: It was pulled.
Commissioner Plummer: Then I'll move 12.
Mayor Clark: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-15
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL
FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY THE
DADE COUNTY FOOTBALL COACHES ASSOCIATION FOR THE FIRST
ANNUAL STAN MARKS MEMORIAL DADE ALL-STAR FOOTBALL GAME
ON DECEMBER 4, 1993, SAID WAIVER CONDITIONED UPON THE
USER PLAYING ALL STADIUM COSTS AND EXPENSES AND TICKET
SURCHARGE FOR SAID EVENT; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH DADE COUNTY FOOTBALL COACHES ASSOCIATION
FOR SAID USE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
23 January 13, 1994
------------------------------------------------------------------------------
9. ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF PORTION OF
ORANGE BOWL STADIUM BY BILL WEST DIVISION OF PACE M =R. SPORTS, INC.
(FEBRUARY 5, 1994) -- FOR PRESENTATION OF A MONSTER TRUCK AND TRACIOR
PULL EVENT ENTITLED: "SUPERBOWL OF MOTOR SPORTS" -- EXEC[TI'E AGREEMERr.
Mayor Clark: Item 15.
Commissioner Plumper: Fifteen?
Mayor Clark: Mr. Manager, how much revenue is going to be generated from this
event?
Mr. Max Cruz: Ah.
Mr. Cesar Odio (City Manager): All right, go ahead.
Mayor Clark: Max, for the record, give us your...
Mr. Cruz: Max Cruz. We estimate approximately between 90 and $100,000 net
revenue for the City of Miami.
Mayor Clark: There's a motion on the item?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 94-16
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES,
TERMS, AND CONDITIONS FOR THE USE OF PORTION OF THE ORANGE
BOWL STADIUM BY THE BILL WEST DIVISION OF PACE MOTOR SPORTS,
INC., ON FEBRUARY 5, 1994, FOR THE PRESENTATION OF A MONSTER
TRUCK AND TRACTOR PULL EVENT ENTITLED THE "SUPERBOWL OF MOTOR
SPORTS"; FURTHER AUTHORIZING THE CITY MANAGER TO EXEC[TI'E AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE, SUBJECT
TO THE ORGANIZERS PAYING FOR COSTS OF NECESSARY CITY SERVICES
AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AMID OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT PRECRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
24 January 13, 1994
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
10.(A)MISCETANEOUS Ca M US CONCERNING CA-16, CA-17, CA-19, AND CA-20.
(B)CLAIM SE rL r: SHIRLEY JENRETrE ($40,000).
------------------------------------------------------------------------------
Mayor Clark: Sixteen. Mr. Gort.
Commissioner Plummer: Did anybody pull 16?
Mayor Clark: Sixteen, Mr. Gort.
Commissioner Plummer: It was 17.
Ms. Matty Hirai (City Clerk): Seventeen, Mr. Mayor.
Commissioner Gort: Seventeen.
Vice Mayor Dawkins: Seventeen.
Mayor Clark: No, you pulled 17.
Commissioner Gort: Seventeen.
Mayor Clark: You know, Mr. anager, in reviewing these items - go down
through number 21, I think - it's going to amount to about $250,000 in
settlements. You pay these settlements out of the Self -Insurance Fund. Is
the Self -Insurance Fund viable, or is it busted? You've taken money out of
the General Fund and put it in the Self -Insurance Fund. Where do we get the
money in the Self -Insurance Fund?
Mr. Cesar Odio (City Manager): We have enough money to pay... to cover for
these cases. We need to bring back in another meeting, and we have to put
more funds into the Self -Insurance Fund.
Mayor Clark: Well, rather than just take it out of the General Fund and put
it in the Self -Insurance Fund, I think it should take Commission action so we
get the books straight.
25 January 13, 1994
Mr. Odio: Yes, sir.
Commissioner Plummer: Well.
Mr. Odio: That's what we want to do.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: That's not an entirely full and complete answer to your
question. All of the Self -Insurance funds are not necessarily that pay all
liens, or awards in the City. For example, in the Antonio Edwards' case, that
was done through an insurance annuity program because we could not afford the
amount of money to lay out any given one lump sum. And we've done that in any
number of cases where rather than where the award was "X" number of dollars,
the City Manager and Attorney negotiated out annuity insurance programs that
the City was in effect saving money for and was able to better protect the
person that was directly involved. Those that are smaller in nature are the
ones that have been paid directly from the Self Insurance Fund.
Mayor Clark: All right. Mr. Manager, just for the edification of this
Commission and the people that we serve, I would like a report from you about
the history of the fund for the past three years. And a report how the fund
is generated and funded, and what is actually paid from the fund over the last
three years. And your recommendation of how we can correct this very
troubling situation. We've got a financial problem there. We've got to get
to it as soon as possible. I'd like to see that report back by the next
Commission meeting.
Mr. Odio: Yes, sir.
Mayor Clark: Thank you, sir.
Mayor Clark: Item number 17.
Commissioner Gort: Mr. Mayor, the reason that I pulled this... I think this
is one of the items...
Mayor Clark: Well, let's move... Is there a motion on 16 then?
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
26 January 13, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-17
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY SHIRLEY JENRETIE, THE SUM OF $40, 000.00, WI'THOiiT
ANY ADMISSION OF LIABILITY, IN FULL AND Cad)LETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI IN THE CIRCUIT COURT OF DADE COUNTY,
FLORIDA, CASE NO. 91-54978 CA (11); ALDOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Ccmmi.ssioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
11. CLAIM SE=NENT: SYLVESTER SIMMONS, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF JEFFREY A. VAN (DECEASED) ($75,000).
Mayor Clark: Item 17, Mr. Gort.
Commissioner Gort: The reason I pulled this is that I found it to be strange
to have this in the consent agenda. The reason being you are talking about a
settlement of $75,000. And, I am not an attorney, but I would like for the...
for our recollection and for the public that we serve, like you stated, that
this issue should be discussed in front of us, and let people know what are we
doing here. This is the item where we are supposed to be paying $75,000. My
understanding is that a policeman was chasing someone, and someone who was two
or three blocks away unfortunately had an accident. That accident killed an
individual, which is a child, which is a terrible thing to happen. But, I
fail to see - and, once again, I'm not an attorney - I have to be convinced
why are we liable for this?
Mayor Clark: Well, that report would have to come from the City Attorney, I
would think.
A. Quinn Jones III, Esq. (City Attorney): Yeah. Well, simply stated,
Cammissioner and members of the Commission, there is conflict in testimony as
27 January 13, 1994
to what point in time the chase ended. The chase was initiated within the
boundaries of the City of Miami. Our police officers who were involved in the
case indicate that they stopped or terminated the chase right prior to the
boundary were the City of Miami and the Dade County boundary begins.
Eyewitness testimony - particularly, I think, there were four or five
eyewitnesses - testified through depositions to the contrary. So, right
there, in and of itself, you have an issue of fact to be determined by the
jury whether in fact they believe the police officers' version, or the
eyewitnesses who were there at the scene and witnessed the van that hit the
little boy. You have to understand on a case like this that it has tremendous
jury appeal, sympathy. The most, if we went to trial on the case... You have
to understand under Florida Statute 768.28, there would be two claims. The
father would have a claim for mental anguish, pain and suffering. The mother
would have a separate claim. So, the total value, I wouldn't say the total
value, the total liability under the statute, if, in fact, a jury were to
assess liability on the City's part... it has not to say that it would, but
there is a strong chance, a strong likelihood, that it would assess some blame
simply because, one, the City is viewed as having a "deep pocket." And juries
are very sympathetic in death cases like this. So at most, under statute, if
we were found liable, if we went to trial on it, would be $200,000. The cap
is mandated by the State Statute. However, that would not preclude a jury
from coming back with even a larger verdict which would then allow them to go
to the State Legislature in a form of a claims bill which would mandate that
the City pay the balance of that cap. So, my best as I can tell you, my
evaluation of the case, I really hate to use the term, and it's a very
unfortunate situation that happened, but I think the case, in terms of the
economies of scale, is in the best interest of the City.
Mayor Clark: Did Mr. Bradshaw... Mr. Attorney, did Mr. Bradshaw pay a fine?
Mr. Jones: Mr. Bradshaw... My recollection, that was the gentleman who was
in the van, or whatever, and chased... sorry, was arrested, whatever... I
think he was prosecuted and found guilty, and of course his own testimony was
the fact that the police ere on him, on his tail, up until the time that he
hit this young boy.
Commissioner Gort: Served 19 months, I understand.
Commissioner Plummer: Can I ask a question?
Mayor Clark: Mr. Plummer.
Commissioner Plummer: Mr. City Attorney,
of so-called sovereign immunity, can you
Florida paid any excess above the 200 or
Miami?
in your recollection in the history
ever once recall where the State of
250 in a case involving the City of
Mr. Jones: It wouldn't be the State of Florida. The way it works is that the
bill is filers, and if it passes the legislature, it directs the municipality
involved to pay the excess. My recollection, we had one, I think, last year.
I think it was involving the incident on Dinner Key, I'm sorry, Virginia Key
Beach, where we had a claimant who was severely injured because the
allegations were in fact that we didn't have proper markers out, whatever, to
indicate to boaters that the area was off limits.
28 January 13, 1994
04
Commissioner Plummer: Did the State pay anything?
Mr. Jones: No, the State wouldn't be obligated to pay anything. The City had
to pay.
Commissioner Plummer: Who...
Mayor Clark: The State can mandate the City to pay over the limit, is that
right?
Mr. Jones: Yeah. That's correct.
j Mayor Clark: By legislative...
Commissioner Plummer: Can the State absolve the City from anything above
that?
Mr. Jones: No. The only thing that has been waived in terms of sovereign
immunity is... are those particular limits, 100,000 per incident, a maximum of
200,000... I'm sorry 100,000 per occurrence, 200,000 aggregate.
Commissioner Plummer: How does the sovereign immunity benefit the City?
Mr. Jones: Well, in a number... I mean, in a number of ways.
Commissioner Plummer: I don't understand.
Mr. Jones: Commissioner, I know it's a difficult...
Commissioner Plummer: You and I will get together on that later.
Mr. Jones: All right.
I
Mayor Clark: Now, this doesn't pertain to civil rights violations?
Mr. Jones: No, this has no civil rights. This is strictly a wrongful death
claim.
Mayor Clark: There is a motion on the item.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second? Is there a second?
Ms. Matty Hirai (City Clerk): Yes, sir.
29 January 13, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-18
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO SYLVESTER SIMMONS, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF JEFFREY A. VAN (DECEASED), THE SUM OF
$75,000.00, IN FULL AND CU471M SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN
THE CIRCUIT COUNT OF DADE COUNTY, FLORIDA, CASE NO.
92-7245 CA (32); ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Camii.ssioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner Wifredo Gort
ABSENT: None.
------------------------------------------------------------------------------
12. AUTHORIZE DIRECTOR OF FINANCE TO PAY TO MELVIN WHEELER $28,125 (FOR
ATTORNEY'S FEES), AND $1,765.39 (FOR COSTS).
i------------------------------------------------------------------------------
i
Mayor Clark: Now, on items 18, 19, 20 and 21, they all refer to this
settlement, and to fund the Self -Insurance Fund.
Mr. Cesar Odio (City Manager): Eighteen was withdrawn.
Mayor Clark: Yes.
Mr. Odio: Yes, I know.
Mayor Clark: But, the others, the others that pertain to that...
Mr. Odio: Yes, sir.
Mayor Clark: ...and in that report you can come back to the Commission with,
and...
Mr. Odio: Yes, sir, I...
30 January 13, 1994
€M f
Mayor Clark: ...it will all be included.
Mr. Odio: Yes, sir.
i
Mayor Clark: Thank you. So, let's move the others then. Nineteen.
Commissioner Plummer: Move it. Wait a minute. Who pulled it? I didn't pull
it.
Vice Mayor Dawkins: Second.
Mayor Clark: No, Commissioner Gorr did.
Commissioner Plummer: Yeah, OK. So, Willy is it all right to...
Commissioner Gort: No, it's all right, yeah.
Commissioner Plummer: I move 19.
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-19
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO MELVIN WHEELER, THE SI.24 OF $28,125.00 FOR THE
ATTORNEY'S FEES AND $1,765.39 IN COSTS AS PER THE
ORDER TO MOTIONS FOR ATTORNEY' S FEES AND COSTS DATED
OC'IJOBER 26, 1993, IN UNITED STATES DISTRICT COURT,
SOUMM DISTRICT OF FLORIDA, MUM DIVISION, CASE NO.
91-0084-CIV-KEHOE, FUNDS TO BE PROVIDED FROM ME
INSURANCE AND SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Co inissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
31 January 13, 1994
Mayor Clark: Mr. Gort, you are recognized.
Commissioner Gort: No, I'll be getting together with the Manager and the City
Attorney's office. I'd like to revise this a little further and see what we
can do to improve some of these things here.
Mayor Clark: All right.
Commissioner Gort: Maybe it is because I don't understand it, and I'm not an
attorney, and I need to be a little bit more.
Commissioner Plummer: Maybe you are better off.
Mayor Clark: Very good.
------------------------------------------------------------------------------
13. APPROVE CITY ATIORNEy'S CONTINUING ENGAGEMENT OF GREENBERG, TRAURIG ET
AL. -- TO SERVE AS COUNSEL IN CONNECTION WITH THE ENVIRONMENTAL
PROTECTION AGENCY (EPA) CLAIM AGAINST THE CITY WITH REGARD TO PET UEUM
PRODUCTS CORPORATION NATIONAL PRIORITY LIST SITE -- ALLIMATE $25,000.
Mayor Clark: On item 20, is there a motion?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Conmi.ssioner Gort: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-20
A RESOLUTION APPROVING THE CITY ATTORNEY'S CONTINUING
ENGAMMU OF THE LAW FIRM OF GREENBERG, TRAURIG,
HOFFMAN, LIPOFF, ROSEN & QUEN'TEL, AT AN INTERIM FEE
NOT TD EXCEED $25,000, IN CONNECTION WITH THE
ENVIRMDEMAL PROTECTION AGENCY ( "EPA") CLAIM AGAINST
THE CITY OF MIAMI, UNITED STATES OF AMERICA V.
(RESERVED), WITH REGARD TO THE PETROLEUM PROL7LM
SITE; ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI'S SELF -ICE AND INSURANCE TRUST FUND FOR
SAID SERVICES.
32 January 13, 1994
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
14. DISCUSSION CONCERNING ENGAGEMENT OF OUTSIDE COUNSEL -- DIRECT CITY
ATTORNEY TO PROVIDE THE COMMISSION WITH AN EXPENDITURE REPORT FOR THE
LAST 12 MONTHS ON ENGAGEMENT OF OUTSIDE COUNSEL -- FURTHER DIRECT CITY
ATTORNEY TO PROVIDE COMMISSION WITH INFORMATION ON CITIES WHICH USE ALL
OUTSIDE COUNSEL RATHER THAN MAINTAIN A LAW DEPARTMENT.
Mayor Clark: Item 21.
Commissioner Plummer: We did that, Mr. Mayor.
Mayor Clark: Oh, we can work backwards.
regular agenda.
Commissioner Plummer: Move item 2.
Now, we are moving forward to the
Commissioner De Yurre: Mr. Mayor, before we get into that...
Mayor Clark: Please, just a moment. Now, please just a moment. Please, just
a moment. Mr. De Yurre, you are recognized.
Commissioner De Yurre: Thanks. I just like to get from the City Attorney a
list for all of us of how much we are spending on outside counsel over the
last 12 months. So we can have an idea how much money it's... extra is going
into this City Attorney's office.
Commissioner Plummer: You know, Victor, along those same lines, I have been
told that there are moves across the United States, and I know Quinn isn't
going to want to hear this. There are some cases in which cities are going to
a legal department of all outside counsel, maintaining just a single attorney
in-house, and the rest of it that they can do it cheaper out -of -house. Quinn,
if you know of any of these, I'd appreciate you getting in touch where we can
look at that, and see whether or not this City could maybe modify, the City
could change, or it would not be of any benefit to us and we'll forget it.
But, I think we ought to look at it.
33 January 13, 1994
Vice Mayor Dawkins: I couldn I t agree, Mr. Mayor, I couldn't agree more . I
really think that when the City Attorney is evaluated, and this is just my
personal opinion - on the sixth, the City Attorney should be retained, and he
should request termination letters from all the attorneys, and keep those who
are producing, get rid of those who are not. And, then next year, get rid of
the City Attorney if nothing has happened.
Commissioner Plummer: Well, I got to ask a question then.
Mayor Clark: Please. Please, Mr. Plummer, you are recognized.
Commissioner Plummer: Why wait till April the 6th? If he thinks ther are
people there that should be gone, why shouldn't he be going now?
Vice Mayor Dawkins: Because you are the one who when we wanted to evaluate
people the other day said, "Let's do it on April the 6th." That's why we are
going to do it April 6th, Commissioner Plummer.
Commissioner Plummer: I hear you. But, I don't agree with the concept.
------------------------------------------------------------------------------
15. EmERGENcY ORDINANCE: AMEND CODE ARTICLE IV, CHAPTER 40 (PENSION AMID
RETIREMEN.0 PLANS, DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AMID POLICE
OFFICERS' RETIREMENT TRUST), SECTIONS 40-205, 40-212, 40-213, AMID DELETE
SECTION 40-213.1. (See label 17)
-------------------------------------------------------------------------------
Mayor Clark: All right, on the regular agenda. Thank you, gentlemen.
Commissioner Plummer: I move item 2, Mr. Mayor.
Mayor Clark: I'm glad I'm between you two, so I can... You know, I'm an old
boxer, so don't get rough. Yes, two buffers here.
Vice Mayor Dawkins: OK, I second J.L.'s motion on number 2.
Mayor Clark: Thank you. Call the roll, Madam Clerk.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV
OF CHAPTER 40, ENTITLED "PENSION AND RETIREMENT PLANS,
DIVISION 2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE
OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY
AMENIDING SECTIONS 40-205, 40-212, 40-213, AND DELETING
SECTION 40-213.1 CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE UPON ADOPTION OF THIS ORDINANCE.
34 January 13, 1994
Was introduced by Commissioner Plummer and seconded by Vice Mayor
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11110.
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.
CX44ENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Did you state for the record why it's an emergency?
Mr. Cesar Odio (City Manager): This item is being presented on an emergency
basis to immediately reduce the City's pension liabilities and costs, to
immediately effect the benefit provisions for those Fire and Police Department
employees desirous of immediate retirement, and to immediately increase cost -
of -living benefits for retirees.
35 January 13, 1994
----------------- ---------`---------------------------------------------------
16. EMERGENCY ORDINANCE: AMEND ORDINANCE 11059, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE FUND: DRUG ABUSE
RESISTANCE EDUCATION, THEREBY PROVIDING FOR AN INCREASE OF $54,221, AS A
RESULT OF SUCCESSFUL GRANT APPLICATION FROM METROPOLITAN DADE COUNTY.
-------------------------------------------------------------------------
Commissioner Plummer: I move item 3.
Vice Mayor Dawkins: Second, under discussion.
Mayor Clark: All right, under discussion, Mr. Dawkins.
Vice Mayor Dawkins: How many officers are certified in this DARE (Drug Abuse
Resistance Education) program?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Dawkins: OK, how many officers are certified to function in the
DARE program?
Mr. Cesar Odio (City Manager): I have to find out for you, sir. I...
Vice Mayor Dawkins: OK, go ahead. We'll move it, and I'll get back to that,
Mr. Mayor. I will not hold the...
Mayor Clark: All right, moved and seconded. Madam Clerk, call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11059,
i ADOPTED APRIL 15, 1993, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED: "DRUG ABUSE RESISTANCE
EDUCATION"; THEREBY PROVIDING FOR AN INCREASE IN THE
MUM OF $54,221 AS A RESULT OF A SUCCESSFUL GRAND
APPLICATION FROM METROPOLITAN DADE COUNTY; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE To THE CITY ATTORNEY, TO
ACCOMPLISH THE ACCEPTANCE OF SAID GRANT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
36 January 13, 1994
Was introduced by Commissioner Plummer and seconded by Vice Mayor
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
j ABSENT: None.
Whereupon the Commission on motion of Canmissioner Plummer and seconded
by Vice Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11111.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
I
COMMENTS S MADE AFTER ROLL CALL:
Mr. Cesar Odio (City Manager): Mr. Mayor.
Commissioner Plummer: Establish the reason for the emergency.
Mr. Harry Lenchner: My name is Harry Lenchner.
Mr. Odio: This was on an emergency basis so that reimbursements can be made
for the current school year.
37 January 13, 1994
------------------------------------------------------------------------------
17. (Continued) DISCUSSION CONCERNING EMERGENCY ORDINANCE AMENDING CODE
ARTICLE IV, CHAPTER 40 (PENSION AMID RETIREMU PLANS, DIVISION 2. CITY
OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIRENU '1'R W). (See
label 15)
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Mr. Mayor, one of the retirees wanted to
address you for a second.
Mayor Clark: All right, fine. Give your name and address.
Mr. Harry Lenchner: Harry Lenchner, retiree representative, and lives on -
for the FOP (Fraternal Order of Police) - 1350 N.E. 125th Street, North Miami,
Florida. I just want, at this time, to thank the Commission and City Manager
Odio, for the ordinance that was just passed. There was an injustice done to
all retirees in 1985 at the settlement of the Gates suit. It was supposed to
help retirees. It didn't. It reduced their call of 50 percent, and took from
1985 to 1990 to get back where we were. Also, the cost of living in nine
Years went up over 30 percent. And then, the City raised their insurance,
their monthly insurance, from $103 to $213. Now, these were people who were
living on three, four and $500 a month pensions. And the people we were
supposed to help the most, unfortunately we hurt the mos . At this time, I
want to thank you On behalf of 1,500 retirees from the bottom of my heart for
correcting an injustice that was done nine years ago.
Mayor Clark: Thank you, Mr. Lenchner. A lot of people were in your shoes,
and I know that they thank you for the determination you had to carry this on
through to its fruition here. God bless you. You were a fine officer when
you were down with the City.
Mr. Lenchner: God bless you all.
Mayor Clark: I remember you a long time ago.
Mr. Lenchner: Thank you, Mr. Mayor.
38 January 13, 1994
------------------------------------------------------------------------------
18.(A)SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- CHANGE STREET EXCAVATION PERMIT FEE, ESTABLISH FEE
SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE CCMMGNICATIONS
SYSTEMS, AMID PROVIDE FOR PRORATION OF FEES FOR PERMITS OBTAINED PRIOR TO
OR AFTER CABER 1ST.
(B)SECOND READING ORDINANCE: REPEAL ORDINANCE 9959, THEREBY RELEASING
ALL LIMITATIONS OF AUTHORIZED INVESTMENT OF CITY FUNDS OR FUNDS OF ANY
RETIRIIMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE REPUBLIC OF SOUTH
AFRICA.
Mayor Clark: Item number 5.
Commissioner Plummer: Four. Move it.
Commissioner De Yurre: Second.
Mayor Clark: Any discussion? Call the roll, Madam Clerk.
Commissioner Plummer: It's an ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
j RECORD, BY TITLE ONLY.
Mayor Clark: All right, any discussion? There's a motion on the item.
Ms. Matty Hirai (City Clerk): Yes, yes, sir, Mr. Mayor.
Commissioner Plummer: Can I ask a specific question?
Mayor Clark: Yes, Mr. Plummer, you are recognized.
Commissioner Plummer: Mr. Manager, you know, I have for years tried to come
about... This fee that we are charging, does it actually cover the cost of
what it cost the City to perform this service?
Mr. Wally Lee (Assistant City Manager): Yes, it does.
Commissioner Plummer: That's all I want to know. And you know, Mr. Mayor,
developers are nice guys and they contribute to campaigns and all of the
things that you want to say good or bad about them. But, let me tell you
something, they should have to pay whatever it costs the City to perform these
services. And I've been coming at this for a long time, and I'll continue.
So, I'm glad to hear that this is the case here. Thank you.
Mayor Clark: Thank you, sir. On this item, item 5. The removal of sanctions
against South Africa. Is there a motion on the item?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
39 January 13, 1994
( INAUDIBLE BACKGROUND COMMMS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Call the roll.
Ms. Matty Hirai (City Clerk): Mr. Mayor, I would need to call the roll on the
prior item which we didn't, if you will allow me to.
Mayor Clark: All right, let's call that then.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS", THEREBY CHANGING THE STREET EXCAVATION
PERMIT FEE, ESTABLISHING A FEE SCHEDULE FOR THE USE OF
THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMAUN[ICATIONS
SYSTEM! AND FURTHER, PROVIDING FOR THE PRORATION OF
FEES FOR PERMITS OBTAINED PRIOR TO OR AFTER OC OBER
1ST; MORE PARTICULARLY, BY AMENDING SECTIONS 54-27,
54-149 AND 54-150 OF THE CITY CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of December 16,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 11112.
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.
Ms. Hirai: This will be roll call on item 5 that has been read.
40 January 13, 1994
AN ORDINANCE -
AN ORDINANCE REPEALING ORDINANCE NO. 9959, AS AMENDED,
ADOPTED FEBRUARY 14, 1985, IN ITS ENTIRETY, THEREBY
RELEASING ALL LIMITATIONS OF AUTHORIZED INVESTMENT OF
CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM
CONTROLLED BY THE CITY AGAINST THE REPUBLIC OF SOUTH
AFRICA; CONTAINING A REPEALER CLAUSE.
Passed on its first reading by title at the meeting of December 16,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner De Yurre, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11113.
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.
------------------------------------------------------------------------------
19. SECOND READING ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS AND
RULES OF PROCEDURE), THEREBY ADDING A SECOND PARAGRAPH TO SUBSECTION
FOUR STATING THAT FAILURE TO PROVIDE A COPY OF EACH RESOLUTION OR
ORDINANCE WITHIN THE REQUIRED FIVE DAYS BEFORE A CITY COMMISSION MEETING
WILL RESULT IN SAID INST dD ENT ONLY BEING HEARD DURING THE MEETING IF
THE COMMISSION DEEMS SAID INSTRUMEBfl' M BE OF AN EMERGENCY NATURE, WITH
NON-EMEFMNCY ITEMS BEING HEARD AT THE END OF THE MEETING, TIME
PERMITTING -- FURTHER DELETING SUBSECTION EIGHT.
------------------------------------------------------------------------------
Mayor Clark: Now we are moving to item 6.
Commissioner Plummer: Wait a minute, did... OK.
Commissioner Gort: Second.
Commissioner Plummer: Under discussion.
Mayor Clark: Yes, sir.
41 January 13, 1994
Commissioner Plummer: Mr. Mayor, if this was yours or who...
Mayor Clark: Yes, sir.
Commissioner Plummer: What are we hoping to accomplish?
Mayor Clark: Well, this ordinance clearly establishes a policy considering
emergency pocket items that have not been scheduled in the printed agenda.
Commissioner Plummer: OK.
Mayor Clark: The ordinance requires a unanimous vote for the Commission to
hear such items, which I think is fair. And I believe the public is totally
entitled, not to a real quick shot, but at least a little understanding as to
why an item is an emergency ordinance. I think they deserve that. That's a
policy that I've always practiced in my life, and I don't particularly like
pocket items.
Commissioner Plummer: Mr. Mayor, I couldn't agree with you more, but I think
it needs to go one step further. When we are talking about keeping from
inconveniencing the public, we did have a policy at one time which I think
should be reiterated here, or clearly stated, and that is that any non -agenda
items have to come at the end of the regular agenda if we have time.
Mayor Clark: Yes.
Commissioner Plummer: OK. But, that's not included here.
Mayor Clark: Well, that could be included.
Commissioner Plummer: Well.
Vice Mayor Dawkins: Amend it.
Commissioner Plummer: I would like to amend this to read that non -emergency
items will not..
Vice Mayor Dawkins: Oh, no, go ahead, I'm sorry.
Commissioner Plummer: Excuse me, that pocket items, call them what you want,
pocket items, emergency items, will not interfere with the regular agenda, but
will come at the end of the regular agenda, if time permits.
Mayor Clark: Excellent.
Vice Mayor Dawkins: I would like to say, Mr. Mayor, that I am against it for
the simple reason that if an item is not scheduled, the public knows nothing
about it, and we should not discuss it. Whether it's before the meeting or
after the meeting, we have to let the public know what we are talking about,
and if an item is not scheduled, it should not... in my opinion, we should not
discuss it.
Commissioner Plummer: Well, let me give you a for example.
42 January 13, 1994
Vice Mayor Dawkins: OK.
Commissioner Plummer: I have to bring up an item this afternoon to allow
concrete to be laid in Bayfront Park. If that is not approved this afternoon,
it will bring about a four -month delay in having to rebid because the time
frame runs out. I don't think that, that is really what we want to
accomplish.
Vice Mayor Dawkins: May I ask you a question, Commissioner?
Commissioner Plummer: Sure.
Vice Mayor Dawkins: Would you consider that an emergency?
Commissioner Plummer: Well, I...
Vice Mayor Dawkins: Would you, or not, consider that an emergency?
Commissioner Plummer: An emergency of life and death, the answer is no.
Vice Mayor Dawkins: All right, then you don't bring it up, but if you think
it's enough of an emergency for us not to wait four months, and you explain it
to the rest of your Commissioners, a unanimous decision lets you bring it up
as an emergency and it goes under this that we just said.
Commissioner Plummer: Oh, excuse me, I have no problem with that, Mr.
Dawkins. I'm only saying those items would not be interfering with the
regular agenda, but would cone up after 8:00 p.m. or the end of a regular
agenda.
Mayor Clark: Motion is made.
Commissioner Plummer: OK.
Mayor Clark: Questions?
i
Commissioner Plummer: As amended.
Mayor Clark: Call the roll.
Commissioner Gort: Wait, excuse me, Mr. Mayor.
Mayor Clark: Yeah, Mr. Gort, you are recognized.
Commissioner Gort: Are we accepting the amendment?
Mayor Clark: Mr. Plummer's amendment, I accepted. That was my...
Commissioner Plummer: Yeah, I made it an amendment.
Vice Mayor Dawkins: I'll second it.
Commissioner Gort: I did.
43 January 13, 1994
Vice Mayor Dawkins: Seconded, Mr... OK. There's an amendment to the
original motion, if the original is... if the amendment carries the original,
washed out.
Commissioner Plummer: No.
Vice Mayor Dawkins:
Call
the roll
on the amendment, Madam Clerk.
Commissioner Plummer:
No,
no, no,
no. No, no, no, no.
Vice Mayor Dawkins: OK.
Commissioner Plummer: The maker of the motion accepted the amendment. It now
becomes part of the regular motion.
Mayor Vice Ma r Dawkins: OK. All right, part of the regular motion. Wait a
i
minute, I want to be sure so I know how I'm going to vote, OK. What we are
saying now is that anybody, at the end of a meeting, can think of anything
they want to and bring it up and it be voted on. That's the tenor of the
motion.
Commissioner Plummer: By a unanimous vote.
Commissioner Gort: It's got to have a unanimous vote.
Vice Mayor Dawkins: Beg your pardon?
i Commissioner Plummer: A unanimous vote.
Commissioner Gort: Has to have a unanimous vote.
Vice Mayor Dawkins: Oh, it has to have five votes. I understand. Motion
understood. Call the roll, Madam Clerk.
Commissioner Gort: We made it more difficult, that's all.
Vice Mayor Dawkins: OK.
44 January 13, 1994
AN ORDINANCE -
AN ORDINANCE(being drafted by the Law Department.)
Passed on its first reading by title at the meeting of December 16,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer seconded by Vice Mayor Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11114.
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.
------------------------------------------------------------------------------
20. SECOND READING ORDINANCE: AMEND CODE afAPTER 54 (STREETS AND
SIDEWALKS), SECTION 54-104 (NONSTANDARD STREET WIDTHS), BY MODIFYING
WIDTH OF A CERTAIN STREET (ROYAL ROAD).
------------------------------------------------------------------------------
Mayor Clark: Next up. Next item.
Vice Mayor Dawkins: Seven.
Mayor Clark: Amendment to the City Code.
45 January 13, 1994
Commissioner Plummer: I'll move it, Mr. Mayor, with discussion.
Mayor Clark: Moved by Mr. Plummer.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded. All right, for discussion. Mr. Plummer, you are
recognized.
Commissioner Plummer: Public Works. I have no problem in which we are
widening the dedication. And, those areas where we are reducing the
dedication, are we then, as in the past, giving it to the abutting property
owners? And, if so, is there a provision for the City receiving monetary
consideration?
Mr. Jim Kay: This is... Yes, this is on Royal Road. You are aware of this.
Commissioner Plumper: Is this the only street?
Mr. Kay: This is the only street. This is the only street. We take one
street at a time.
Commissioner Plummer: Why didn't you say that instead of saying a certain
street?
Mr. Cesar Odio (City Manager): Royal Street. We should have said it in the
title, OK.
Commissioner Plummer: This one here, we are now narrowing?
Mr. Kay: Yes, sir.
Commissioner Plummer: OK. Are we, in fact, receiving compensation, or is the
property being given to the property owner?
Mr. Kay: The property owner already owns the property at this time. It's
just that the zone width was made wider than the actual platted width.
Commissioner Plummer: OK. In this particular case, we've already worked on
this one pretty good. This was over the wall, right?
Mr. Kay: Yes.
Commissioner Plummer: Yeah. All right. But, let me tell you, in the future,
if property owners are going to assimilate property that is owned by the
public, I expect them to compensate the City for it.
Mayor Clark: Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): It is a second reading, we need to read the
ordinance.
46 January 13, 1994
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FWRIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS" BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS" BY MODIFYING THE WIDTH OF
A CERTAIN STREET; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of December 16,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor Dawkins, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11115.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: At this point, agenda item 8 was
withdrawn.
-----------------------------------------------------------------------------
21. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: DADE
COUNTY EMS GRAM AWARD (FY'94) -- APPROPRIATE $311,253, CONSISTING OF A
$165,745 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM STATE OF
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) UNDER THE
FLORIDA EMERGENCY MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES, AND
$145,508 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS --
ENTER INTO NECESSARY LETTER OF UNDERSTANDING.
Commissioner Plummer: I move 9.
Mayor Clark: Mr. Plummer moves 9.
Mr. Cesar Odio (City Manager): Nine is receiving an award of a grant.
Mayor Clark: A recommendation ordinance special revenue fund Dade County EMS
Grant Award.
47 January 13, 1994
Mr. Odio: Yes, sir.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any discussion? Hearing none, call the roll, Madam Clerk. Do
you have to read it? Read it.
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY'94)11,
APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL
AMOUNT OF $311,253 CONSISTING OF A $165,745 GRANT
y APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE
1 OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
{ SERVICES UNDER THE "FLORIDA EMERGENCY MEDICAL SERVICES
GRANT PROGRAM FOR COUNTIES", $145,508 IN CARRY-OVER
FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
NECESSARY LETTER OF UNDERSTANDING WITH THE FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND/OR METROPOLITAN DADE COUNTY, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY AND SUBJECT TO APPLICABLE CITY
CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Cammissioner Plummer and seconded by Commissioner Gort
and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
NOES: None.
ABSENT: Vice Mayor Miller J. Dawkins
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.
48 January 13, 1994
--------------------------------------------------------- --------------------
22. DISCUSS AND WITHDRAW PROPOSED FIRST READING ORDINANCE TO
AMEND CODE SECTION 2-83.1 (EMERGENCY MEDICAL TRANSPORTATION
SERVICE FEE), THEREBY INCREASING USER FEES FOR THE USE OF
EMERGENCY MEDICAL TRANSPORTATION SERVICES NECESSARY TO COVER
INCREASES IN OPERATIONAL COSTS --DIRECT MANAGER TO ENSURE
THAT CITY CHARGES RATES SIMILAR TO PRIVATE SECTOR.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, on item 10, which has been withdrawn. Mr.
Manager, when you come back with that item before this Commission, I want to
make sure that the City is charging the same amount of money for transporting
as the private sector. I don't think we should be undercutting the private
sector, that we should be charging no more or no less than what the private
sector is, so that we are not in competition or being accused of cut-throating
on them.
Mayor Clark: Mr. Manager. How are our fee collections going along?
Commissioner Plummer: Very good, sir.
Mr. Cesar Odio (City Manager): Very good, sir. We have a private collecting
company, and they've been doing very well.
Mayor Clark: OK.
Mr. Odio: Now, we have some... as you know, we waived some that cannot have
insurance, we will not go after them. But...
Commissioner Plummer: Mr. Mayor, for your information, the policy is that if
they are City residents, we bill them. If they do not pay, we do not pursue.
If they are non -City residents, we bill these, and if they don't pay, we go
after them like holy water. And that...
Mayor Clark: All right.
Commissioner Plummer: Let me tell you, we started that at my behest about
five years ago, six years ago...
Mr. Odio: About six years ago.
Commissioner Plummer: We are now collecting in the neighborhood of 500 to
600,000.
Chief Carlos Gimenez: No, it's over a million dollars.
Commissioner Plummer: Over a million now, OK, with a... And we were
collecting nothing before.
Mayor Clark: Very good. All right.
49 January 13, 1994
------------------------------------------------------------------------------
23. DISCUSS AMID DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS), SECTION 54-104
(NONSTANDARD STREET WIDTHS), BY MODIFYING THE WIDTH OF A CERTAIN STREET
(S.W. 8 STREET, BETWEEN FINAGLER AND 4 STREET).
Mayor Clark: Item 11, amendment to the City Code, first reading ordinance.
Commissioner Plummer: I'll move it, but here again, Mr. Mayor, this is
similar to the other one. Now, which one is this?
Mr. Cesar Odio (City Manager): This is Teatro Marti, on 420 S.W. 8th Avenue.
They desire to remodel and renovate the theater, and that's why we have to
amend the nonstandard street widths.
Commissioner Plummer: Well, OK. Here again, are they getting part of this
property?
Mr. Jim Kay: No, let me see if I can explain a little bit better. The
street... that area was originally platted, the street was 50 feet wide.
Everything was developed to the 50 foot width.
Commissioner Plummer: OK.
Mr. Kay: Sometime later, maybe about... I think 10 or 15 years ago the State
said we wanted a 70-foot wide street.
Commissioner Plummer: OK.
Mr. Kay: That happens to be a State road, Eighth Avenue. And so now, none of
the properties have dedicated out to that 70 foot width. We also have a
letter from the State DOT (Department of Transportation) stating that they
have no objections to this narrowing of the street from 70 to 50 feet.
Commissioner Plummer: Well, let me ask you this. If it conversely... if the
State wanted to go from the 50 out to the 70, they would pay a hell of a price
for it, wouldn't they?
Mr. Kay: They would have to pay the owners because they own the property.
Commissioner Plummer: That's right. And right now, it's 70 foot and it
doesn't have to cost the State anything if we don't change anything.
Mr. Kay: Uh-huh.
Commissioner Plummer: Now, it's like a reservation that, in effect, we... if
the State maybe wants to improve 8th Avenue, which we all live in hope and
desire that all of the streets would be improved - if they go back and want to
make an improvement on that street, they are going to have to pay for it,
aren't they?
50 January 13, 1994
Mr. Kay: They are going to have to buy the property, if that's what they
intend to do, to widen it out any more.
Commissioner Plummer: And this is only one piece, one parcel, right?
Mr. Kay: Yes, sir.
Cammissioner Plummer: Does that make any sense to anybody? It doesn't to me.
That you are going to have one parcel that sticks out without the dedication,
and all the rest of them are still at 70 feet. It makes no sense.
Mr. Kay: No. No, sir. This is the narrowing of the street from S. W. 8th
Street to Flagler Street, that section.
Commissioner Plummer: Well, I asked was it one property? You said, yes.
Mr. Odio: It's because of that property.
Mr. Kay: It started...
Commissioner Plummer: You know, I guess, if we don't... Why do they need
this?
Mr. Kay: They are remodeling an existing building which is built with
setbacks from the 50-foot mark, OK, as all the buildings are on that street.
Commissioner Plummier: Hey, you know, I just... the problem that I have is if
it ever canes to the fact that we need to increase the size of that street,
it's going to cost us a small fortune to attain those rights back again, and
we are giving them up for nothing.
Mr. Kay: Well, that's why we wrote to the State and asked them what their
plans were. And they have no plans,even to the year 2010.
Commissioner Plummer: Yeah, but the State also tells you that they've been
redoing 27th Avenue fran Bayshore Drive to Dixie Highway for the past 15
vears. Same State of Florida.
Mayor Clark: OK. Let's continue.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: I'll motion to defer.
Mayor Clark: Motion by Mr. Plummer.
Commissioner Plummer: I'd like to think about it. Let's defer it for a
while, if I may.
Commissioner Gort: Can I ask...
Mayor Clark: Mr. De Yurre, you are recognized.
51 January 13, 1994
Commissioner De Yurre: J.L., remember that the renovations that they are
talking about is that we gave them $200,000. We lent them $200,000 for these
renovations. So, you know, considering all that, this needs to happen.
CcnTissioner Plummer: Victor, it's not...
Mayor Clark: Please, now.
Commissioner Plummer: Victor, it's not the street that I'm concerned... about
the theater that I'm concerned about. It's the street, of giving up
something, receiving nothing for it, where in a later date it might have to be
acquired at a real high cost. That's my only concern.
Mayor Clark: Motion to defer by Mr. Plummer.
Commissioner Plummer: The theater is immaterial.
Mayor Clark: Is there a second?
Commissioner Plummer: Let me ask you this, is...
Mayor Clark: Please, got a motion to defer. Call the roll.
Commissioner Plummer: OK.
Commissioner Gort: Under discussion, Mr. Mayor.
Mayor Clark: Under discussion, Mr. De Yurre. Mr. Gort.
Commissioner Gort: Let me ask you a question, can we pass a motion and get
the property owners within those two - and I don't know how difficult or how
feasible this is - to sign a waiver that if anything was to be paid back, can
that property be... a covenant can run with the property that if the State
would need it in the future - which I don't think it would between Flagler and
8th Street - they would not be responsible?
Mr. Kay: I doubt if you would get that.
Commissioner Plummer: You see, that's the point.
Commissioner Gort: OK. That's fine.
Commissioner Plummer: That's why I moved...
Commissioner Gort: Thank you.
Mayor Clark: We are going to defer this. Call the roll on the deferral.
Commissioner Plummer: See if we can. Yeah. That's fine.
52 January 13, 1994
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER GORT, ITEM 11 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
24. (Continued) DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE M
AMEND CODE SECTION 2-83.1 (EMERGENC.''Y MEDICAL TRANSPORTATION SERVICE
FEE), THEREBY INCREASING USER FEES FOR THE USE OF EMERGENCY MEDICAL
TRANSPORTATION SERVICES NECESSARY TD COVER INCREASES IN OPERATIONAL
COSTS. (See label 22)
------------------------------------------------------------------------------
Mayor Clark: On item number 10, Mr. Manager, would you give me a list of all
the fees that have been collected about the emergency transportation for the
ill, that's been collected. What... how many calls were made, and everything
else.
Mr. Cesar Odic, (City Manager): Yes, sir.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Full, up to date.
Commissioner Plummer: Mr. Mayor, it will interest you to know that we use a
Private company for the collection. And I think that's...
Mayor Clark: Well, he has a record of that. That's all I want.
Commissioner Plummer: Oh, yeah, sure.
53 January 13, 1994
------------------------------------------------------------ -----------------
25. FIRST READING ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS AND
RULES OF PROCEDURE), THEREBY STATING THAT PORTIONS OF THE AGENDA
ENTITLED: PUBLIC HEARINGS, PUBLIC DISCUSSION, AND PERSONAL APPEARANCES
SHALL BE SCHEDULED TO BE HEARD NO EARLIER THAN 10:00 A.M. ON DATE OF
CITY COMMISSION MEETING.
Mayor Clark: On item 12.
Commissioner Plummer: I have to move. I'll move it, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any discussion? Read the ordinance.
AN ORDINAANCE AMENDING SECTION 2-13 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ORDER OF
BUSINESS AND RULES OF PROCEDURE", THEREBY STATING THAT
THOSE PORTIONS OF THE AGENDA ENTITLED "PUBLIC
HEARINGS," "PUBLIC DISCUSSION", AND "PERSONAL
HEARINGS," SHALL BE SCHEDULED TO BE HEARD NO EARLIER
THAN 10:00 A.M. ON THE DATE OF THE CITY COMMISSION
MEETING; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gort
and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: 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.
54 January 13, 1994
------------------------------------------------------------------------------
26. FIRST READING ORDINANCE: AMEND CODE CHAPTER 22 (GARBAGE AND TRASH),
THEREBY ELIMINATING RESIDENTIAL BACKYARD GARBAGE COLLECTION AND
REQUIRING RESIDENTS FROM SINGLE / DUPLEX RESIDENCES TO PLACE THEIR
GARBAGE AT CURBSIDE ON THEIR REQUIRED SCHEDULED COLLECTION DAYS.
------------------------------------------------------------------------------
Mayor Clark: All right, Mr. Attorney, would you read the ordinance into the
record now so...
A. Quinn Jones III, Esq. (City Attorney): Yes.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Clark: I want to make a little statement before we get started. I am
proposing this ordinance to eliminate residential backyard garbage collection,
and requiring residents from single and duplex residences to place their
garbage at curbside on the required scheduled collection days. There will be
an exemption made for the handicapped and the elderly, and this will not
affect commercial accounts, only residential, single-family, duplex zones.
For the edification of all concerned, we charge $160 a year for garbage and
trash pickup. These services cost the City about $560 a year per household.
That has not been that good in the past. This is a $400 difference. It's got
to be made up. Where does it cane from? It canes from all the taxpayers in
the City of Miami, the general fund. It's either one of two things. We
either have to raise garbage fees... You know, the people in Coral Gables pay
$485, and the people in the County pay $460 a year, and this will make - front
yard pickup or curbside pickup will make it more effective and efficient. No
one will be fired, no one will be let off. It's a case whereby that this is a
system that works well in other communities, works well on Miami Beach, works
well in Coral Gables, the unincorporated area, and I think we should join.
The fact is that we're trying to save money and this will save money. Now,
Mr. Ron Williams, you explain your position.
Mr. Ron Williams (Assistant City Manager): Thank you very much, Mr. Mayor.
In concert with your thoughts on that, we have certainly supported your
leadership with regards to the collection of residential garbage at the
curbside. Specifically, we're talking about those single-family units, single
hones, and duplexes. Just to make it very clear, no units above two are
included as part of this proposal. Yes, sir.
Commissioner Plummer: Can I ask a question, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: The Mayor stated that this is working well in the
Gables. I don't think Coral Gables has curbside, do they?
Mayor Clark: No, back yard.
Commissioner Plummer: Back yard, correct.
55 January 13, 1994
Mayor Clark: For $460 a year.
Commissioner Plummer: Yeah. OK.
Mr. Williams: That's correct.
Commissioner Plummer: But I just - I wanted to make a distinction that there
was no curbside in the Gables.
Mr. Williams: That's correct.
Commissioner Plummer: Thank you.
Mr. Williams: And I believe, Commissioner Plummer, that is the exception with
regards to the major municipalities within the County. I'm sorry,
Commissioner Gort, did you have a question?
Commissioner Gort: No, no.
Mr. Williams: Oh.
Commissioner Gort: I was just saying hello to someone.
Mr. Williams: I apologize.
Mayor Clark: All right. We have some input over here from persons. Yes,
sir. Your name for the record?
Mr. Mariano Cruz: Mariano Cruz, for the record, 1227 Northwest 26th Street.
I've been a resident of the City of Miami since 1962. I am for the curbside
pickup, because by experience, I know that's the only way we're going to save
money, because I know that, for example, I deliver on Biscayne Park. Biscayne
Park charges $160 every six months. My son lives in unincorporated Dade
County. He pays over $400 for it, and he got to bring his own trash to the
curb. The one thing, the only thing, even I'll tell the garbage department
that they got to do is when they start that, not to do like the recycle thing;
that they say a date, and I put my bin out there, and it stay for six weeks
before somebody - with just six weeks stay outside there.
Mayor Clark: Mr. Cruz, Mr. Cruz, that's a completely different thing, I'm
sure.
Mr. Cruz: Right, but, I mean, if they're going to have the curbside...
Mayor Clark: Curbside is going to be delivered on the day.
Mr. Cruz: ... make sure that the schedule is followed, according how you're
going to be a certain day, that people don't leave that garbage can outside
there, being hit by cars or whatever, you know, in your hone.
Mayor Clark: Right. We will.
Mr. Williams: Mr. Mayor.
56 January 13, 1994
1
Mayor Clark: Yes, sir.
Mr. Cruz: And while - another thing, because like I said, there is no free
lunch. And I bet, Mayor, these workers are complaining about changing. They
don't even live in the City of Miami, and they're paying $400 and $500, too,
for their own garbage pickup where they live in unincorporated Dade County.
Mayor Clark: All right. Thank you, Mr. Cruz.
Mr. Cruz: OK. Thank you.
Mayor Clark: Thank you. Other persons wish to add something? Yes, sir.
Mr. Robert Menditto: Bob Menditto, Executive Director of Sanitation
Employees' Association, 3911 Southwest 62nd Avenue. We agreed to this
curbside pickup because, right now, we have three men on the back of a truck.
I'm looking out for the good and welfare of the members of the Sanitation
Employees' Association. This job cannot be done with three men on the back of
the truck in a safe manner. So we agree to curbside pickup, to keep the
workers from getting hurt, to make it more efficient for the City, and nobody
will be laid off...
Mayor Clark: Absolutely.
Mr. Menditto: ... and we have promotions.
Mayor Clark: You're right. Thank you, sir.
Mr. Menditto: Yes, sir.
Commissioner Plummer: Well, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: In this instance here, I have to ask some questions in
reference to the letter which we have, which obviously is a trade-off to get
them to agree to back the City on this plan. If you want me to ask those
questions that directly relate to this, that I have some questions and some
concerns about. That there shall be no layoffs at all of the bargaining unit.
Mr. Cesar Odio (City Manager): That's correct.
Commissioner Plummer: Now, that binds the hands of the City, that there shall
be no layoffs. It doesn't say if for reason or other reasons. It doesn't say
for how long a period of time. Is it for one year?
Mr. Odio: It's for the contractual agreement that we have with them. We have
an existing contract, the contract that you approved with the SEA (Sanitation
Employees' Association) includes the no layoff.
Commissioner Plummer: It's for the period of the union contract?
Mr. Odio: That is correct, yes.
57 January 13, 1994
Commissioner Plummer: It does not state that, Mr. Mayor, Mr. Manager.
Mr. Odio: Well, that's only a letter. That's a letter from the attorney.
Commissioner Plummer: Well, excuse me. I assume this attorney represents
YOU-
Mr. Menditto: Yes, he does.
Commissioner Plummer: OK. The next item is...
Mr. Odio: Well, can I clarify, please?
Commissioner Plummer: Please. That's why I'm asking.
Mr. Odio: There will be no layoffs because of curbside. That's what that
means.
Mayor Clark: All right.
Commissioner Plummer: Well, we understand that, now that you put it on the
record.
Mayor Clark: OK.
Commissioner Plummer: The bin routes will remain as currently in operation.
Mayor Clark: Absolutely.
Commissioner Plummer: Explain that to me. Are you talking about...
Mr. Odio: Sir, those are the commercial accounts.
Commissioner Plummer: I thought we were getting rid of the commercial
accounts, that we're losing a million...
Mr. Odio: We are not addressing that today, sir. We are addressing curbside
pickup.
Commissioner Plummer: Well, you're addressing it in this letter.
Mayor Clark: Well, please, now, let's don't get this all muddied up. I can
see what's trying to transpire here. I've been around this game a long time.
Mr. Odio: We are not addressing commercial.
Mayor Clark: Commercial accounts are not being discussed here today. This is
curbside pickup for the residents of this great City.
Commissioner Plummer: Mr. Mayor, excuse me.
Mayor Clark: Yes, sir.
Commissioner Plummer: I disagree.
58 January 13, 1994
Mayor Clark: Well.
Commissioner Plummer: In this letter, you are making a commitment that you
will not be talking to commercial accounts. You are giving up that right.
Mr. Odio: We are not, sir.
Commissioner Plummer: That the bin routes remain as currently in operation.
Mr. Odio: Excuse me. Excuse me. You keep addressing that letter,
Commissioner. You know and I know it, and Menditto, SEA, that we have not...
Commissioner Plummer: Mr. Manager, excuse me.
Mr. Odio: Let me - let me put...
j Commissioner Plummer: This man said that this lawyer represents him.
I
Mr. Odio: Let me put this on the record, please, Commissioner.
Commissioner Plummer: Put whatever you want on the record. That's what I'm
asking.
Mr. Odio: We have not agreed. We have not agreed, to not to address the
commercial accounts; is that correct? Yes or no?
Mr. Menditto: We will address the commercial accounts at the end of the
contract.
Mr. Odio: Yes, sir.
Commissioner Plummer: But we can...
Mayor Clark: All right. Listen. I'm going to move right now. We've got
some other people who want to speak hear. Let's hear them speak.
Commissioner Plummer: OK. I'll hold up, but I'm going to come back to this,
because your hands are now going to be bound, whether you like it or you
don't, by these provisions.
Mayor Clark: I don't think so.
Commissioner Plummer: And that's what we need to discuss.
Mr. Odio: That letter is not...
Commissioner Plummer: And that's what we need to discuss.
Mr. Odio: That letter is not...
Mayor Clark: All right, please, now, let's hear from these people.
Mr. Gregalot: My name is John Gregalot, 2962 Southwest 22nd Terrace. I have
already expressed my opinion...
59 January 13, 1994
Mayor Clark: Yes, you have.
Mr. Gregalot: ... to some extent, sir. I completely approve of the curbside
pickup. However, I believe you have to go into more specifics. My brother
lives next door to me. He has had strokes, unable to take care of himself.
That is not an obstacle. My wife, his wife or I put the garbage out front,
because we feel that it should be done that way, it is more economical. And
there are many times when each yard is different, and you find that the pickup
may be skipped. It requires a comeback, an additional truck to come back.
It's costly to the taxpayer. Curbside is the only way to go. However, you
should be more specific. The responsibility of maintaining the appearance
still falls back to the property owner.
Mayor Clark: Always does. Always does.
Mr. Gregalot: There's no reason he cannot pick up that bag that has not been
picked up, put it back on his property, and then continue.
Mayor Clark: You would think that. You would understand that. Yes, sir, I
agree with you. Thank you.
Mr. Gregalot: Yes, sir. I believe that if you make this more specific,
you'll find a better approval of the entire public. Thank you.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Thelbert Johnakin: Mr. Mayor, Board of Commissioners, good morning. All
right. It's one thing that have been answered here so far, and my concern
about...
Mayor Clark: Please give us your name.
Mr. Johnakin: Oh, I'm sorry. My name is Thelbert Johnakin, 1345 Northwest 51
Street. My concern about the curbside pickup is that what the City Manager
Just agreed, that there would be no layoff. Now, I've heard a lot of things
said through the City that didn't follow up through. This, I do not want to
see. I do not want to see any layoff. As you know, Mr. Mayor, Board of this
Commission, in the past here, whenever you have people that retire or
whatsoever, quit, fired, those people are never replaced. So my problem is
here, now, how about people that have alleyways? Do they still have to bring
that around to the curb, to the front?
Mayor Clark: I'm sure they do, but we'll find out. Now, this is only on
first reading. There's going to be,a lot of discussion here today. We don't
want to stretch it out too much. Madam Clerk, we have a report, a memorandum
from the City Manager. I want that included as part of the record; and also,
from the law firm of Slesnick & Casey, the agreement with the union, I want
that included as part of the record. So we don't have any... Any other
person want to address the Commission?
Commissioner Plummer: Are you closing the public hearing, Mr. Mayor?
Mayor Clark: No, sir, not yet.
60 January 13, 1994
Commissioner Plummer: Oh, I'm sorry.
Mayor Clark: If there's no further person who wants to appear before the
Commission in discussion, I'm going to close the public hearing. Mr. Dawkins,
here is the gavel, and I move the resolution - move the ordinance. Second?
Commissioner Plummer: Under - are we going to have discussion?
Mayor Clark: Sure, but give me a second.
Vice Mayor Dawkins: Second, under discussion.
Mayor Clark: Second?
Vice Mayor Dawkins: Second, and under discussion.
Mayor Clark: All right.
Vice Mayor Dawkins: Commissioner Plummer.
Commissioner Plummer: I have any number of a list of questions. Mr. Manager,
since we will be doing the work of the Sanitation Department, are you going to
reduce the fee?
Mr. Odio: What did you - what was...
Commissioner Plummer: We are asking us, the public, to do the work of the
Sanitation, to bring the things out and to take them back. Are you going to
reduce the fee now that you're asking us to do their work?
Mr. Odio: I think I can answer that question this way, Commissioner.
Commissioner Plummer: All right, sir.
Mr. Odio: In...
Mayor Clark: Mr. Manager - may I have the floor, Mr. Vice Mayor?
Vice Mayor Dawkins: Yes, go right ahead, Mr. Mayor.
Commissioner Plummer: I relinquish the floor.
Mayor Clark: We are paying that fee at the present time. The fee is $160 a
year. Other places all over the community is $460 a year, so we're paying
$400 a year out of our pockets as taxpayers at the present time. Now, do you
want to charge more or less, Mr. Manager?
Mr. Odio: May I add, sir, that the monies we are collecting from the
taxpayers of the City of Miami are immediately turned back and paid to the
County to dispose of our garbage. We pay the County close to $9,000,000 a
Year in fees. This money doesn't even cover those fees we're paying the
County. When this garbage fee was instituted, way back then, we were paying
the County $34 a ton for disposal. Today, we are paying the County $68 a ton.
61 January 13, 1994
Vice Mayor Dawkins: Mr. Manager, Mr. Manager, on my tax receipt, it says
"garbage." How much money is that?
Mr. Odio: I'm sorry, I didn't understand the question.
Vice Mayor Dawkins: On my tax receipt, I pay garbage to the City of Miami.
Is that right?
Mr. Odio: You pay $160 a year, sir.
Vice Mayor Dawkins: All right. I pay $160 a month - I mean a year.
Mr. Odio: A year.
Vice Mayor Dawkins: Now, what do I pay for garbage that's collected by Dade
County's Water Department, for garbage that's turned over to you for
sanitation? How much is that?
Mayor Clark: I don't understand.
Commissioner Plummer: I don't understand.
Vice Mayor Dawkins: No, you don't, Mr. Mayor. Him and Mano understand.
Mr. Odio: No, you have to rephrase the question.
Vice Mayor Dawkins: Beg your pardon? OK. I'll rephrase. OK, let me ask my
question again. Does the County, since we did not want - and we
Commissioners, J.L. Plummer was here. You were not here, you were not here.
I don't think you were here either, Commissioner. OK. Now, we decided that
we were going to hoodwink the citizens, and we were going to have Dade County
collect a fee that was going to be for garbage, but it would be put on the
fee.
Commissioner Plummer: The storm water.
Vice Mayor Dawkins: How much was that?
Mr. Odio: Zero. We've never done that, sir. We have not done that, sir.
Commissioner Plummer: Are you speaking of the storm water?
i
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: We have no fees that the County is charging the taxpayers for
garbage collection.
Vice Mayor Dawkins: Well what do
Yo , you charge - what do I pay every month,
every six months?
Commissioner Plummer: On sewage.
62 January 13, 1994
Mr. Odio: You're talking about a separate bill that is water and sewer, and
we are mandated by the State to have water and sewer fees. That has nothing
to do with garbage.
Commissioner Plummer: May I continue?
Vice Mayor Dawkins: Yes. Go right ahead, sir.
Commissioner Plummer: I assume that long and drawn out answer you gave me is,
no, you're not reducing the fee.
Mr. Odio: The answer that I gave you sir, is that the monies we're collecting
is to pay the County and no...
Commissioner Plummer: The answer is no.
Mr. Odio: ... we are not recommending that we do that.
Commissioner Plummer: OK.
Mayor Clark: Yeah, but he did say, J.L., he's not increasing the fee either.
Commissioner Plummer: I heard him, Mr. Mayor.
Mayor Clark: Now, let me explain something to you.
Commissioner Plummer: I have further questions so...
Mayor Clark: J.L., if I could have...
Commissioner Plummer: Yes, sir, sure. I relinquish the floor.
Mayor Clark: There's another way we can - and I' m going to bring this up,
too, at a later date. At the present time, the reason we have fees is because
we have reached the millage cap. Be honest about it, and that's the truth.
Before we reached the millage cap at ten mills, your garbage fee was included
in your taxes. And then the City Commission decided and the County Commission
decided that we'd reached the millage cap, so let's take it out, and that's a
special fee. Now, that special fee you're not allowed to deduct from your
income tax, that's aside. But with a referendum - I'm not suggesting one,
J.L. - with a referendum, we could ask you people if you would let us include
that $160 - no more - into your tax bill by referendum, thereby increasing the
millage cap maybe one tenth of one percent. Then you would be able to take
your garbage fee off your income taxes, the whole thing, and save thousands,
and thousands, and thousands of dollars in taxes. This is the next episode
after this, after I pray and hope this gets passed. But it's a very simple
method to do this, and I can tell you it's worked in other communities. It
will work in our community. But our millage cap is right at zero now, right?
Mr. Odio: 9.54.
Mayor Clark: Yeah, 9.54. And if we can raise that just a little bit, say
maybe ten percent - one tenth of one percent, then allow us to include your
garbage fee in your taxes. Then you would be able to take them off your
income tax...
63 January 13, 1994
Commissioner Plummer: You'll never stop. Once you do it, you'll never stop.
Mayor Clark: ... as a deduction, as you do your income tax and your tax at
the present time. Thank you for the floor, Mr. Plummer.
Commissioner Plummer: Mr. Manager, in the County, if you do not return your
garbage can by sundown, I think it is, of the day of collection, it is my
understanding that there is definitely a fine, and I heard that, that fine is
$75. Is there any proposal in the City that if you don't return the garbage
can off of the curbside that there is a fine involved?
Mr. Williams: No, sir.
Commissioner Plummer: None whatsoever?
Mr. Williams: No, sir.
Commissioner Plummer: In other words, it could stay out there for two, or
three or four days.
Mr. Williams: No, Commissioner, No, Commissioner Plummer.
Commissioner Plummer: OK. How would you enforce it?
Mr. Williams: We're planning to, you know, meet that objective through
education.
Commissioner Plummer: Excuse me?
Mr. Williams: We do not plan to add additional fines, since at this point, we
believe that through our education program that we're putting together, we'll
be able to accomplish that.
Commissioner Plummer: OK. But you have no enforcement arm?
Mr. Williams: I'm sorry?
Commissioner Plummer: You have no enforcement arm at this time?
Mr. Williams: Certainly, the inspectors will continue to enforce the City
Code.
Mr. Odio: Excuse me, Commissioner.
Commissioner Plumper: Inspector. What clout does he have, if they don't take
it in? That's my question.
Mr. Odio: Well, right now, Commissioner, we are not changing that part of the
pickup. When we go into your back yard and dump your garbage in the truck,
the garbage cans are not returned to the back yard, they are put in the front.
So nothing is changing.
Commissioner Plummer: Mr. Manager, you know, I'm trying to come about some
realistic solutions. OK? What I'm saying to you is that if you don't have
64 January 13, 1994
any method of making the people take their garbage cans back, you could have
people who leave them out there for two or three days.
Mr. Odio: Well, that's what we're doing. We're not changing that part of the
system, Commissioner. That's what 'they do today, and we do have inspectors
that come around and notify people to put them back in.
Commissioner Plummer: Mr. Manager, I don't agree with you. OK? But that's
healthy for disagreement. Mr. Williams, explain to me how differently where
today, I consider to have curbside pickup, I watch my sanitation employees go
to the yard, they bring the stuff out to the street, and the truck comes
along, and they pick it up, and they put it in the truck. There's no other
employees needed. To me, if that's not curbside pickup, what is it? To me, I
watch them all day long. They bring everything out from the back yard and
they put it at the street.
Mr. Odio: OK. Let me tell you how they do it.
Commissioner Plummer: OK.
Mr. Odio: They have runners that are ahead of their route.
Mayor Clark: All the time.
Commissioner Plummer: Yeah.
Mr. Odio: They go into your - they go into your back yard.
Commissioner Plummer: That's correct.
Mr. Odio: They put it - they bring it out for you.
Commissioner Plummer: That's correct.
Mr. Odio: Then the truck comes along and picks it up.
Commissioner Plummer: That's correct.
Mr. Odio: Now, if we didn't have those runners, the truck would have to wait
until it gets to your house, go inside your back yard, and then bring it out.
Commissioner Plummer: But you're using...
Mr. Odio: But you do have back yard pickup right now.
Commissioner Plummer: You're using three men to a truck, is what I understand
it today.
Mr. Odio: No. We go into five men per truck, in some cases. The union,
working with the City has agreed that if we're short of personnel, they will
let a truck go out with three - with four men per truck, because you have a
driver and three men in the back, so...
Commissioner Plummer: Now, may I get to my question again? Today, you have
three men to a truck; is that correct?
65 January 13, 1994
Mayor Clark: No.
Mr. Odio: You have four men per truck, minimum.
Commissioner Plummer: Driver and three.
Mr. Odio: What?
Commissioner Plummer: We have a driver and three today.
Mr. Menditto: Correct.
Mayor Clark: A driver and four.
i Mr. Odio: No. By contractual obligations, we need to have five.
Commissioner Plummer: Sir, you might have to, but I'm telling you for the
past year in my neighborhood, it's been a driver and four, and sometimes, a
driver and three.
Mr. Odio: That's right.
Commissioner Plummer: That's not my point.
Mr. Odio: That's right.
Commissioner Plummer: My point is, the system that is working today, in
effect, is curbside pickup.
Mr. Odio: No, sir.
Mayor Clark: No.
Commissioner Plummer: It is not?
Mr. Menditto: No. No.
Commissioner Plummer: Well, you know, I've never brought my stuff out to the
curb, and every day they come by to pick my stuff up. It's out at the curb,
and then the truck comes by and picks it up.
Mr. Odio: Who brings it out? It flies over?
Commissioner Plummer: The sanitation people.
Mr. Odio: Then we're doing back yard.
Mr. Menditto: That's right. That's back yard service.
Vice Mayor Dawkins: J.L., the public hearing is closed. No, wait now, after
we finish, I'll hear you after the Commission is finished, please. Don't
leave the podium.
66 January 13, 1994
Commissioner Plummer: OK. What happens - let me go on to another subject,
because to me, it's curbside pickup, and you got - you don't need any
additional people, or anything of that nature. What happens if a person goes
on vacation, and they are on vacation for two weeks. They throw all of their
stuff out, including garbage, edible garbage, in their trash can, prior to
going on vacation, and it sits there festering for two weeks.
Mr. Odio: We pick it up every week, so it couldn't sit there for two.
Commmissioner Plummer: Well, he's there for two weeks. He doesn't put his
garbage out and he's gone for two weeks. Most people take two -week vacations.
Mr. Odio: Then he has - those people that leave on vacation should plan their
vacation so they put their garbage out before they leave, and if they want to
accumulate it in their back yard and then bring it out when they came back...
Commissioner Plummer: Very unhealthy situation. My final question. The bins
that we speak of, is it not a truism - correct me if I'm wrong - that, that is
equating at the present time to a million dollar loss a year?
Mr. Odio: We are not addressing commercial accounts, today.
Commissioner Plummer: I'm asking a question.
Mayor Clark: That is true.
Mr. Williams: Yes.
Mayor Clark: But we're not addressing that question now.
Commissioner Plummer: Then I am going to go on the record that under no
circumstances do I agree that the bin route shall remain as currently in
operation, which, in effect, is to say that we're going to continue to lose
another million dollars a year. So I want it for my understanding that I am
not agreeing to that under any circumstances.
Mayor Clark: Let me have the floor now, Mr. Plummer.
Commissioner Plummer: And I will conclude, Mr. Mayor, by only saying that in
my office, I'm sure others, you have been receiving from people who are not
happy with curbside. I've been here a long time, and it's been extremely
controversial through the years. I'll surrender, I assume all of you
received, from Shorecrest Homeowners' Association, strongly opposing curbside.
And my only concluding remark, Mr. Mayor, is that in the past - excuse me?
Oh, they - have they changed to the - that's not signed by the same people.
It's a different person.
Mayor Clark: They've changed their minds.
Commissioner Plummer: They have two presidents?
Mayor Clark: Well, it's not bad to have two presidents.
Unidentified Speaker: One is a past president.
67 January 13, 1994
Commissioner Plummer: Excuse me. I didn't - maybe they got thrown out. But
I'm just saying to you, I see no reason why that this thing should not go and
let the voters decide.
Mayor Clark: They have.
Commissioner Plummer: I will tell you that personally, for J.L. Plummer, I
have no problem with curbside. That's me personally. But I think I have a
problem when you don't go and speak to the people that we have spoke to in the
past about the issue. I think they have the right to speak, and that's why I
propose that it should go to a referendum which could be in September, and
implement it in the regular budget of October of next year - of this year,
excuse me. So I'm just saying that my vote would be predicated on that. If
it goes to a referendum, I would support curbside pickup. I think it is a
thing that has to come, the day has to come, but I think the people have to
understand that if they don't want to do the curbside, it's going to cost more
money, and let them speak to the issue as they have done many times before.
Thank you, Mr. Mayor.
Vice Mayor Dawkins: Mayor Clark.
Mayor Clark: Yes.
Vice Mayor Dawkins: Mr. Gort, and then Commissioner De Yurre.
Mayor Clark: I have proposed this curbside pickup ordinance because we have a
garbage crisis on our hands that must be corrected, and it's time to do
something about this problem, and stop fooling the people of the City of
Miami. Currently, we charge each household $160 per year in garbage fee to
cover sanitation reserves. However, it costs the City $561 per household to
provide this service, which includes back yard garbage pickup. What the
people don't understand is that they are paying the balance of that cost, $461
per household, out of their yearly property taxes. It's my opinion that we
are being dishonest with the people of this City. That $461 balance, those
monies could go toward better police service, cleaning our parks, cleaning our
right-of-ways, and better code enforcement. Sure, we have a problem. We must
either make our garbage service more efficient or we must raise garbage taxes,
which I am absolutely opposed to. Right now, we are subsidizing our
sanitation service from the general fund by the tune of $17,000,000 a year. I
don't want to raise garbage taxes. I would rather cut the cost and make
operations more efficient. The people of this City have elected all of us to
make decisions that will benefit the people of the City and help service
operations. We all have in front of us this memorandum from the Manager,
outlining the numbers, and the importance of making it more to curbside. We
have Mr. Ron Williams here to answer the questions. I want to commend the
Manager and Mr. Williams, and the union for all working together, the
Sanitation Workers' Union, and I'd like to thank the union for their
cooperation in this effort. They realize it's very important to you and I.
At this time, if I haven't before, I've given the gavel to Vice Mayor Dawkins,
and I'd like to make a motion that we approve this ordinance on first reading.
Is there a second? Someone seconded it before.
Vice Mayor Dawkins: Yes. It was seconded by Commissioner Gort.
68 January 13, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: Commissioner Gort.
Commissioner Gort: The reason I seconded it is, J.L., I understand what
you're saying, but at the same time, during the campaign, as I travelled
through the different neighborhoods, I had an opportunity to meet with
everyone, just about, all the associations of the neighborhoods. They were
all in favor of the pickup. Now, I have several questions that I'd like to
address, and I'd like to be part of this motion. one of them is, I'm a great
believer that we can solve a lot of the problems that we have in the community
through the NET and improving our NET system. My understanding, and I'd like
to see that... A lot of the public rights -of -way have been abandoned
throughout our neighborhoods. I'd like to see these individuals that are now
going to be in the trucks assigned to the NET program. And one of the things
that we committed is we should have standards for all our neighborhoods. Some
of our neighborhoods are up to that standard, but there are other
neighborhoods that need a lot of help to bring them up to the standards. I
would like to see that take place. I can understand we're not going to have
any immediate savings. I think in the long run we're going to save by
curbsides. I've been doing it all my life. I've always been taking the trash
out myself, putting it out. But I'd like to see that those people assigned to
the NET where it's most needed. Some neighborhoods need more servicing than
others, and I'd like to see that being cleaned up. It's about time we started
cleaning up our City. Miami is beautiful beta se of the cleanliness and the
way it was when we first came here. I think we should try to go back to that,
number one. Number two, I think J.L. has a good idea, Mayor. I think an
amendment should be - it's about time that we got to start making people
responsible for their actions. I think a lot of illegal dumping is taking
place, and I think we got to start enforcing fines, that we got to start
enforcing people. I don't have any problem in adding a fine to those people
that do not pick up the garbage cans, and I think we got to make them
responsible. The only way people are going to respond, and you can educate
then as much as you can, is when you hit the pockets. I'd like to see an
amendment to this, Mr. Mayor that people could be fined after six months, or
give them a time of education. Give them a break, and a certain time,
whenever the ministration thinks it's possible, and go ahead and do it. I
think these are the positive things that we can do. And if we show the
immediate change within the neighborhood, the cleanliness, that it's being
taken care of, then I don't have any problem with it, and I would like to see
that amendment is possible.
Mayor Clark: All right.
Vice Mayor Dawkins: Commissioner De Yurre.
Commissioner De Yurre: What I would like to hear from the Administration,
first of all, is what are the alternatives that we have to the present system?
Where do we go from here, if we're to change the system? What are you
proposing? What are you giving the people.
Mr. Odio: OK. Go ahead.
69 January 13, 1994
Mr. Williams: Thank you, Mr -
Mayor -Commissioner De Yurre: No, I want to hear it from Cesar.
Mr. Odio: What are we giving the people, in which sense? Number one, we're
guaranteeing that by going to curbside, that...
Commissioner De Yurre: First of all, do we recognize that we have a flawed
system?
Mr. Odio: The system that we have is inefficient.
Commissioner De Yurre: Inefficient. So...
Mr. Odio: Financially.
Commissioner De Yurre: So how do you propose to better it?
Mr. Odio: By going to curbside, you immediate...
Commissioner De Yurre: No, I know how, but I mean, like, what are going to be
the savings? What's the benefit to the people?
Mr. Odio: Well, the immediate savings are that you're reducing manpower from
five men per truck to three men per truck.
Commissioner De Yurre: What is that going to represent in reduction to the
people, today?
Mr. Odio: The immediate savings will be about a mullion and a half dollars a
year. The long -teen savings, and savings are also cost avoidance, by not
having to comply with the labor contract, we do not have to hire 77 other
people. In other words, the labor - if we do not go to curbside, SEA can
demand that we put the five men per truck. That means that we would have to
go to five men per truck. That means you would have to spend an additional
three and a half million dollars a year to cover that cost.
Commissioner De Yurre: OK. Now, we have two angles that we're looking at.
The first is cost increases.
Mr. Odio: Right, correct.
Commissioner De Yurre: And the other is cost savings.
Mr. Odio: Savings.
Commissioner De Yurre: If we go to curbside, then you're saying that there
are going to be cost savings and...
Mr. Odio: Savings and avoidance.
Commissioner De Yurre: And let's talk about avoidance, which is that by
i contract, we have to hire "X" number of additional persons.
70 January 13, 1994
Mr. Odio: Yes, sir.
Commissioner De Yurre: That will be a savings.
Mr. Odio: Of 77 positions.
Commissioner De Yurre: OK. Which amounts to how much money?
Mr. Odio: It's about three and a half million dollars a year.
Commissioner De Yurre: Three and a half million. Which amounts to how much
per household, if we were to have to raise it?
Mr. Odio: We have 60,000 households. It would be about $50 per house.
Commissioner De Yurre: So we're talking about an additional $50 per
household, per year.
Mr. Odio: Per year, that you would have to raise, just to cover that
additional manpower.
Commissioner De Yurre: OK. Isn't it more than 50?
Mr. Odio: Well, I just made round numbers. You have 55,000 households
paying $160.
Commissioner De Yurre: Well, how much do we get for the $160? What does that
amount to?
Mr. Odio: About eight million -eight, somewhere in there.
Commissioner De Yurre: Eight million?
Mr. Odio: Yes, sir. Nine, close to nine million dollars.
Commissioner De Yurre: OK. Close to nine million dollars. And you're saying
three and a half, so that's around a third, roughly.
Mr. Odio: Yes, sir.
Commissioner De Yurre: So that's about $60, I'd say.
Mr. Odio: It's about $60, if you...
Commissioner De Yurre: OK. OK. Now, so we're talking about going to the
people and saying either, if we continue this type of service, it's going to
cost you an additional $60 a year.
Mr. Odio: Yes.
Commissioner De Yurre: Because we have to hire these additional individuals,
as per our contract.
71 January 13, 1994
Mr. Odio: Yes, sir.
Commissioner De Yurre: OK? That's number one. So we got a savings of $60 a
year in avoidance.
Mr. Odio: In avoidance.
Commissioner De Yurre: Now, in the present situation, by going to curbside,
what are the savings going to be?
Mr. Odio: The immediate savings I would expect this year is about a million
and a half, plus about $900,000 in disposal fees.
Commissioner De Yurre: So you expect a million and a half dollars.
Mr. Odio: Of immediate savings. On this year.
Commissioner De Yurre: On - for this year. Plus $900,000 on...
Mr. Odio: Then the disposal fees that we're trying to - we are trying to
avoid taking the materials, the garbage to the transfer station and take it
directly to the County station, the main station.
Commissioner De Yurre: And there's also a $300,000 - what...
Commissioner Plummer: How does that work? Are they going to collect less
garbage?
Mr. Odio: Overtime.
Commissioner De Yurre: ... overtime cost?
Mr. Odio: In overtime, overtime will definitely be saved. Sometimes, because
of the shortage of manpower, we have to work overtime to cover, to finish a
route the next day.
Commissioner De Yurre: OK. So then that's another $300,000.
Mr. Odio: Yes, sir.
Commissioner De Yurre: So we're talking about savings of one and a half
million in manpower, $900,000 in tipping, and $300,000 in overtime. So
that's, well, that's $2.7 million.
i
Mr. Odio: Immediate savings this year.
Commissioner De Yurre: Immediate savings this year.
Mr. Odio: This year.
Commissioner De Yurre: OK. Plus the other three and a half that we're going
to save by not having to raise it.
Mr. Odio: Correct. And that's the cost avoidance, yes, sir.
72 January 13, 1994
Commissioner De Yurre: OK. Now, what are we going to do with those $2.7
million that we're going to save this year?
Mr. Odio: We are trying to make up the deficit that we have in the budget,
because when we proposed in our budget proposal that we raise the fees, it was
deferred. We had a shortfall of $4,000,000 in the budget, in the Solid Waste
Department budget because we did not raise the fees this year. So that's
going to try to just balance in their budget.
Commissioner De Yurre: OK. So what are we giving the people?
Mr. Odio: What we're giving the people is that they will not be raised, that
the garbage fees will not be raised, that you, in fact, decided to keep it at
$160, and not take it up to $200, as the City Administration proposed. That's
what you're giving the people.
Commissioner Plummer: Well, we've turned that down before.
Mr. Odio: And we are reassigning people to the neighborhoods to clean up
sidewalks and in the parks, and around the parks system. 'That's what you're
giving the people, Commissioner. You're saying, "We won't raise your fees."
Commissioner De Yurre: But we're not going to raise the fees as it is,
because we don't have to man the 70-some people that we're talking about.
Mr. Odio: Well, that's precisely why you need not to go back to where we were
before, but to go to curbside as soon as possible.
Ccmmissioner De Yurre: But Cesar, Cesar, we've got two things. I'm looking
at the savings from today's dollars. What - and for people to say, "OK, we're
going to go curbside," and I think - I have no problem going curbside. I
really don't, but there are those that do have a problem with it.
Commissioner Plummer: That's right.
Commissioner De Yurre: I don't know how many, but there are those out there
that have a problem. And I say that we have to sell them with a concept, so
that they can understand why, after all these years - we're almost a hundred
years old - we're going to go and change our system of garbage pickup. And we
have to say, first of all, if we continue the way we are, we have to increase
your fees because of our contract relationship, and you're talking about an
extra $60 a year. That's number one. But if you're telling me that we're
going to have $2.7 million in savings, then people want to know, "OK, are we
going to get some of that back? What's going to happen?" For us to go - and
like J.L. said in the beginning, now it's our responsibility to take the
garbage out the night before. That has to translate to dollars and cents
somehow, and unless, and I feel unless we can come out and say, "Folks, by you
walking out the night before and taking the garbage outside, you're going to
be doing that, and this is what you're going to get in return: 'A,' either,
one, a reduction in your - in the garbage fee, whatever, $10, $20, $30, $40,
that could be an option; two, the 2.7 are going to go into this specific
program. We're going to have people at your local park that are going to be
cleaning, that are going to make you proud of your neighborhood one more time.
73 January 13, 1994
There has to be something tangible that
it's the right way to go." And I'm
haven't seen it yet.
Mayor Clark: Well, you know, the...
Mr. Odio: First of all...
Mayor Clark: Go ahead.
they can say, "Hey, it's worth it, and
looking, I'm looking for that, and I
Mr. Odio: I'm sorry, Mr. Mayor. You have to remember that the cost of
picking up garbage is not $160. It's $561, Commissioner. So to tell the
taxpayers that you're going to reduce their fees would be a misstatement,
because it's not something you can do. It's costing you more than you are
taking in to provide that same service. What we're asking them to do is, if
you want to maintain what you're paying now, please help us in making a better
efficient service here, so we can keep you at the level we are now. But to...
Mayor Clark: Mr. De Yurre, would you yield a moment?
Commissioner De Yurre: Yes.
Mayor Clark: Well, this is first reading. Can you come back at the second
reading, Mr. Manager, and tell us exactly, these other people that will not
have to be on the truck, what they will be doing and how they'd be
disseminated in the community?
Mr. Odio: Yes, sir.
Mayor Clark: And that's something the people don't have now, and that's
something, you know. It's amazing to me, when they're getting something
almost for free now, $160 a year, versus $561, which it's worth, I think you'd
be saving these people a tremendous amount of money, and getting a clean City.
You've got to pay for something. I mean, cleanliness doesn't come just
because the word is "clean." I think we have to work hard to get this City
back to that position. That's what Willy and I campaigned on, and I'm sure
Mr. Dawkins did, also. We told the people we wanted to clean up this City,
and this is a way we can do it. Thank you, Mr. De Yurre.
Vice Mayor Dawkins: OK. We're going to hear - we're going to let
Commissioner De Yurre finish, I'm going to speak, and then I'm going to hear
from Mr. Bob Menditto. We're going to close this and vote on it, because
we'll be here all day.
Commissioner Plummer: I have one question left.
Commissioner De Yurre: Well, I just want to wrap up.
Vice Mayor Dawkins: And one question from Commissioner Plummer.
Commissioner De Yurre: I just want to wrap up by saying that I will vote
today favorably on this item, but between now and the next time it comes up,
we need to have a tangible program that we can go to the people and inform
them of why it's beneficial for the residents to join in, to team up with
74 January 13, 1994
goverriment in taking care of our garbage. And it's important that we sell
them on that, that they understand it, and that we work in tandem to make this
happen. Otherwise, they're going to feel defrauded the first time that
there's no better service seen visibly. They're going to get ticked off, and
rightly so. So I think from now till next time we need to put that together
and be able to inform the public on that.
Vice Mayor Dawkins: Commissioner Plummer.
Commissioner Plummer: one question.
Vice Mayor Dawkins: Yeah.
Commissioner Plummer: Well, it's two parts, but one question.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Since you are now following the lead of the County,
since you are now following the lead of the County, do I have assurances, sir,
that there is no thought in your mind that, in reference to trash, that we're
not going to have to take it to a central dump location? Is that - now, I
need to know that on the record, right now.
Mr. Williams: That is not part of it, no.
Mr. Odio: No, no.
Commissioner Plummer: There is no intent that you have at this time to do
such?
Mr. Odio: No.
Commissioner Plummer: OK.
Mr. Odio: In fact, let me remind you that we have a contract with Bedminster
that our plant, composting plant, should be in operation within 18 months...
Commissioner Plummer: Which we will be saving a tremendous amount of money,
yes. Go ahead.
Mr Odio: And we will be saving monies there.
Commissioner Plummer: Well, we also have to keep in mind, remembering that
we're going to be with a system there that one truck will go down the street,
will collect trash, garbage and recyclables. That's one truck. I would ask
that at the second reading, Mr. Manager, that you cane back and inform this
City Commission, we're so concerned about curbside, why you haven't done
anything to address an immediate savings of a million dollars in the
commercial accounts in downtown Miami.. We've known about that for over six
months, and the Administration, to my knowledge, at this point, has done
nothing on the commercial accounts.
Vice Mayor Dawkins: That will be answered at the next meeting. Go right
ahead.
75 January 13, 1994
Mayor Clark: Please, Mr. Dawkins. That has nothing to do with this
ordinance. I'm sure that J.L. will get the information back
Vice Mayor Dawkins: But he's entitled to that information if he - OK. I'd
like to say, Mr. Manager, I'm not going to - Mr. Manager, you need to hear me,
see, because I get tired of asking for stuff and don't get it. OK? Listen to
me. I need to know how many routes you have now.
Mr. Odio: Thirty-eight.
Vice Mayor Dawkins: Thirty-eight. OK. So therefore, how many - so you have
38 trucks picking up?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: All right. So on the 38 routes, are you going to pick up
garbage and trash at the same time?
Mr. Odio: No, sir.
Vice Mayor Dawkins: All right. So, now, so we got 38 garbage trucks.
Mr. Odio: Yes, Sir.
Vice Mayor Dawkins: ...and you're going to have two people per truck, or
three people?
Mr. Odio: We will have a total of three people per truck.
Vice Mayor Dawkins: So we got - that's three people.
Mr. Odio: Yes.
Vice Mayor Dawkins: At all times.
Mr. Odio: Yes.
Vice Mayor Dawkins: Now, all right. So three times 58 will give me whatever
you're going to give me.
Mayor Clark: Three times 38.
Mr. Odio: Three times 38, yes.
Vice Mayor Dawkins: All right, three times 38. How many trash trucks we got?
i
Mr. Odio: How many is that?
Mr. Williams: Five.
Mr. Odio: Five.
Vice Mayor Dawkins: Five? Only five trash routes.
76 January 13, 1994
Mr. Odio: Five trash sections, yes.
Vice Mayor Dawkins: Five sections. How many people assigned to the trash?
Mr. Odio: What is the total, there?
Mr. Williams: There's a total of 20 cranes, and 40 trucks, for a total of 60
people.
Vice Mayor Dawkins: Forty trucks. So we got 40 truck drivers, 20 crane
operators, and a sweeper.
Mr. Williams: We do not have that available at this point, but we should have
sweepers, yes, sir, Mr. Vice Mayor.
Vice Mayor Dawkins: Y'all are going to have sweepers. I want you to
understand that, OK?
Mr. Odio: That's right.
Mr. Williams: There's a need for sweepers.
Vice Mayor Dawkins: Now, how many people do you have now operating white -
wings?
Mr. Williams: At this point, we essentially have the eight that's downtown on
a permanent basis.
Vice Mayor Dawkins: All right. How many with this new setup, how many white -
wing operators are you going to have daily?
Mr. Williams: Eighteen, Vice Mayor.
Vice Mayor Dawkins: Eighteen. So that's 18 people driving the...
Mr. Williams: No, the white -wings.
Vice Mayor Dawkins: Yeah, driving them.
Mr. Williams: Sweeping.
Vice Mayor Dawkins: All right. Well, what - all right. Now, the white -
wings, the people are sweeping, right?
Mr. Williams: Yes, sir.
Vice Mayor Dawkins: All right. What are the people called who drive the
mechanical sweepers?
Mr. Williams: Their classification is WCO (waste collector operator) or waste
equipment operator.
Vice Mayor Dawkins: OK. How many mechanical sweepers are we going to have
operating each day?
77 January 13, 1994
Mr. Williams: A total of ten.
Vice Mayor Dawkins: Ten. So that's ten people.
Mr. Williams: Yes.
Vice Mayor Dawkins: All right? Now, supposing one gets sick?
Mr. Williams: If an employee gets sick, we will shift someone to accomplish
that particular task for the day, as we have to do now.
Vice Mayor Dawkins: All right. And where you take him from, who are you
going to put in his place, where you take him from, or her? Who are you going
to put in that place?
Mr. Williams: Well, we have to assign people every day, Vice Mayor, and if a
person is out and unavailable, we have to move that person to another
location, and we will continue to do that.
Vice Mayor Dawkins: All right. When you come back with this for the second
reading, I want it written in stone how many sanitation workers will work as
long as they allow you to hoodwink them into a contract.
Mr. Williams: Yes, Sir.
Vice Mayor Dawkins:
All right? OK? Now,
understand, if you tell me
curbside, I don't
have
a problem with it. But
I do not want the situation
that I have now,
where you were supposed to have hired 75 people, and you
don't have them.
OK?
And if they allow y u to,
you'll get in it as - and I
don't mean you,
Mr.
Williams, I mean the
City of Miami. I'm not
personalizing.
Mr. Odio: No, I did it.
Vice Mayor Dawkins: And I don't mean you. I mean the City. No it's us,
because we allowed you to get away with it. No, it's not you. OK. All
right. Now, I'll hear from Mr. Menditto, and then we'll close.
Mayor Clark: I think he has spoken already, and Cruz has spoken.
i
Vice Mayor Dawkins: OK. Let's go ahead. Now, he's the union representative.
We'll hear from him, let him close it, and I think we'll vote.
Mr. Menditto: Honest, right now, if curbside doesn't came, the union will
force you into hiring 77 more people.
Vice Mayor Dawkins: Only if we agree to your contract.
Mr. Menditto: Correct.
Vice Mayor Dawkins: All right.
Mr. Menditto: OK. Right now, right now, the workers are being hurt by going
out there and doing back yard service, bringing your garbage out to the front
78 January 13, 1994
with one man, instead of having two men going back and bringing the garbage.
There should be four men on the back of a truck, five to a truck; one driver,
four waste collectors. By only going out there with three waste collectors on
the back of the truck, you're killing the workers.
Commissioner Plummer: How does Fort Lauderdale go?
Vice Mayor Dawkins: Call the question - call the...
Cc missioner Plummer: Fort Lauderdale has two men on a truck. Fort
Lauderdale has two men on a truck.
Mayor Clark: All right, let's go.
Vice Mayor Dawkins: All right. Call the roll, Madam Clerk. Now, what is -
read the resolution...
Ms. Matty Hirai (City Clerk): It's the first reading.
Mayor Clark: You read it into the record?
Vice Mayor Dawkins: OK.
Mayor Clark: Mr. Jones?
Vice Mayor Dawkins: Mr. Jones, you read it into the record, right?
Mr. Jones: It's already read.
Mayor Clark: You read it in the record?
Ms. Hirai: You already read it? All right.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 22, ENTITLED "GARBAGE
AMID TRASH," OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS MGMED, THEREBY ELIMINATING RESIDENTIAL BACKYARD
GARBAGE COLLECTION AND REQUIRING RESIDENTS FROM SINGLE
AND DUPLEX RESIDENCES TO PLACE THEIR GARBAGE AT
CURBSIDE ON THEIR REQUIRED SCHEDULED COLLECTION DAYS,
SAID COLLECTION DAYS TO BE PRESCRIBED BY THE DIRECTOR
OF THE DEPARTMENT OF SOLID WASTE; MORE PARTICULARLY BY
AMENDING SECTION 22-2 OF THE CITY CODE; CONTAINING A
1 REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
79 January 13, 1994
Was introduced by Mayor Clark and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner J.L. Plummer, Jr.
ABSENP: 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.
i
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I've made my point very, very clear. My negative vote
is not because I'm opposed to curbside, but I think the public has the right
to speak to the issue. If, in fact, in a referendum, they want to keep
curbside, they know it will cost them 50 bucks, so be it. But I think they
have the right to speak. So my negative vote will be that the people should
have the right to speak, so I vote no.
Commissioner Gort: Once again, I'm voting yes on this one, but in the second
reading, I'd like to have specifically what are we going to do for the people,
what are the benefits for the communities, and how we are going to use it. I
think what Mr. De Yurre said is very important, and we should follow that up.
Mr. Gregalot: Point of order, Mr. Chairman.
Vice Mayor Dawkins: No, sir, no point of order.
Mr. Gregalot: A point of order, sir.
Vice Mayor Dawkins: The public hearing has been closed.
Mayor Clark: No, sir. It's been closed.
Vice Mayor Dawkins: It's been closed.
Mr. Gregalot: You cannot refuse a point of order in this procedure.
Vice Mayor Dawkins: I can refuse, sir. As the chairperson, I can refuse,
sir. We cannot be here all day.
Mr. Gregalot: You cannot. Parliamentary procedure does not allow you to
refuse a point of order.
Commissioner Gort: You're voting.
Mr. Odio: No, no. You are out of order.
80 January 13, 1994
Commissioner Gort: You're voting.
Commissioner Plummer: No, excuse me. The public hearing was closed.
Vice Mayor Dawkins: That's right, the public hearing was closed.
Mayor Clark: This public hearing is closed, sir.
Vice Mayor Dawkins: Now, I'll reopen it after we get through voting, if you
want to say something, sir, after we vote.
Mr. Gregalot: Information relative to this issue...
Mayor Clark: Please, now, we hope you understand all.
Vice Mayor Dawkins: Wait now, wait now.
Mr. Gregalot: Information relative to this issue calls for a point of order.
Vice Mayor Dawkins: I will hear you after the vote. I will hear you after
the vote.
Mayor Clark: Don't hear him now. Just let him go.
Mr. Gregalot: If you refuse to hear information relative to this issue...
Mayor Clark: Sir, let me say this. There is a procedure, and we're following
the procedure. Now, you've spoken one time. You've spoken twice. Now, to
get you three times would not be following procedure. Mr. Dawkins now has the
chair.
Commissioner Plummer: Second hearing.
Mayor Clark: I've relinquished the chair, and he said the meeting is closed,
and that's the end of the conversation.
Commissioner Plummer: Second hearing.
Mayor Clark: I'm sorry if you don't agree, but that's parliamentary
procedure.
Mr. Gregalot: OK.
Mayor Clark: Thank you.
Mr. Gregalot: Let me just say one more word.
Commissioner Plummer: Let him speak at the second hearing.
Vice Mayor Dawkins: OK. I'll say that, number three, I want - I will let him
speak after the vote. I have no problem with it at the second hearing.
Mayor Clark: At second hearing, he can speak at the second hearing.
81 January 13, 1994
Vice Mayor Dawkins: OK. And Mr. Manager, I heard everybody say that they get
hurt moving my garbage to the curb. I want to know what insurance - tell me
at the next Commission meeting what insurance you got, if I get my back hurt
moving the garbage to the curb, that's number one.
Mr. Odio: I hope you have good insurance, Commissioner.
Vice Mayor Dawkins: Number two, number two, I'd like to know what is
considered curbside. If I have an alley, do I move it to the front curb - I
mean, spell it out, please - or if I can move it to the back of my property on
the alley, and that would be considered curbside. I vote yes.
Mr. Odio: That's the purpose.
CCMMENI'S MADE AFTER ROLL CALL:
Vice Mayor Dawkins: All right. Now - all right.
Mayor Clark: You vote yes. I have the chair. Now, sir, you'll be able to
speak at the second hearing. This is only the first reading. You'll be
notified, there will be a second hearing, you will speak all you want to at
that time, because we are not denying you of your right of anything. Thank
you all, ladies and gentlemen.
------------------------------------------------------------------------------
27. BRIEF DISCUSSION AMID DEFERRAL (TO 3:30 P.M.) OF ITEM REGARDING CHANGE IN
ZONING FOR THE VIZCATRAN PROPERTY AT 168-200 S.W. 32 ROAD, 3200-3202
S.W. 1 AVENUE, AND 1100-1130 S.W. 22 TERRACE). (See label 58)
Mayor Clark: Let me make a position clear. Michael Karaty, would you please
come to the front of the room. Come up, Mike. We have a rather inflamed item
coming up this afternoon, item number 36, and I would like to - I know that a
lot of people want to come down - I'd like to set a time certain. I couldn't
do it by phone, Mike, because I didn't know how this was going to transpire.
You understand?
Mr. Michael Karaty: Fine.
Mayor Clark: So let's set the item for 3:30, 3:30 this afternoon. Vizcatran,
is that it, Vizcatran?
I
Mr. Karaty: Yes.
Mayor Clark: 3:30.
Vice Mayor Dawkins: Is 3:30 convenient for all the people?
Mayor Clark: 3:30 would be convenient for them, right?
Mr. Karaty: That would be perfect.
82 January 13, 1994
Mayor Clark: All right, fine. 3:30 this afternoon. Now, read the next item.
Thank you.
Mr. Karaty: Thank you, Mr. Mayor.
Commissioner Plummer: Mr. Mayor, could I ask that we have some backup
material? I read an article in the Herald this morning that this issue could
involve up to $400, 000 of taxpayers' money, on 36. I have no backup on the
request that it be put on the agenda.
Mayor Clark: That was...
Commissioner Plummer: So I ask that prior to the hearing that we be given
some backup material, that's all. Thank you.
(INAUDIBLE CCMME U)
Commissioner Plummer: Vizcatran is going to be heard by the Mayor.
Mr. Cesar Odio (City Manager): What did it say in the article?
Commissioner Plummer: There was an article that said something about that
there was a swap of land for approximately $400, 000. I don't know a thing
about that, and I think we're entitled to know.
Commissioner De Yurre: Mr. Mayor, if I may clear J.L.'s...
Commissioner Plummer: You read the Herald, but don't believe them.
Commissioner De Yurre: J.L., all that I'm going to be asking for is to direct
the Administration to begin negotiations, so there is no set amount, there's
no land that's been identified, nothing has happened yet. I just want to see
if this Commission is in favor of working that swap.
Commissioner Plummer: Victor, I'll be taking a different track. All I'm
asking is for backup, that's all, which I don't have.
Mayor Clark: Mr. Manager.
Mr. Odio: Yes, sir.
Mayor Clark: When this item comes up this afternoon, I want the Fire Chief.
I have heard, since the last hearing, and to my dismay, that it's impossible
for the Fire Department to get back into this area because of the tightness of
the roads and everything else. I want him here this afternoon so I can hear
that, because I have a - I don't want to see that happen to anybody. Even
though I might have been misinformed the first time, I'll have a reason to be
not misinformed this time.
Mr. Odio: Yes, sir. We'll make sure (inaudible).
Mayor Clark: Thank you.
83 January 13, 1994
1
------------------------------------------------------------------------------
28. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION
(FY'94) -- APPROPRIATE $516,732 FOR DEVELOPMENT AND
IMPLEMENTATION OF SAME (IN ACCORDANCE WITH 403.706(4),
F.S.), CONSISTING OF A RECYCLING PROGRAM GRANT FROM STATE OF
FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION.
------------------------------------------------------------------------------
Mayor Clark: All right. Item number 15, is it?
Mr. Cesar Odio (City Manager): Fourteen, sir.
Mayor Clark: Fourteen. Mr. - do we have an ordinance here, Mr. Jones?
A. Quinn Jones, III, Esq. (City Attorney): Yes, you do.
Mayor Clark: Would you read that into the record.
AT THIS POINT, THE CITY ATIORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD BY TITLE ONLY.
Commissioner Plummer: I'll move it. I'm always happy to receive money from
the State of Florida.
Vice Mayor Dawkins: Second and under discussion, Mr. Mayor. Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: It says here, "Solid Waste Reduction: Recycling and
Education Program, consisting of $500,000." What do you plan to do with the
$500,000?
Mr. Odio: That's the... Go ahead and put it on the record, Ron.
Mr. Ron Williams (Assistant City Manager): Thank you very much, Mr. Vice
Mayor. If I may, just for the record, Mr. City Attorney, that number is
really $516,732. I just wanted to make that change.
Vice Mayor Dawkins: What do you plan to do with it?
Mr. Williams: We plan to continue our efforts at the compost facility at
Virginia Key under the guidance of our Solid Waste Division. We have a few
small pieces of equipment to continue the procurement of. We are working on
the Citywide alternate set - out diversion program, and this money will be
used to continue that effort.
Vice Mayor Dawkins: Now, this money was part of the money received by the
County, and this is our portion?
Mr. Williams: That's correct, Vice Mayor.
84 January 13, 1994
Vice Mayor Dawkins: All right. "...The County Manager, to apply for
approximately $4.2 million in grant funds from the State of Florida Solid
Waste Management Grant Program for the funding of recycling and waste tire
products to be made on behalf of Dade County." You do not say anything about
waste tires in your $500,000. I'll go here again. "The State of Florida
Solid Waste Management Grant Program is a six -year grant program which
provides for the funding of local recycling and related educational program
and waste tire programs." Now, this does not - this says this money was to be
used for the removal of waste tires. We cannot go and do nothing else with
it, now, according to this.
Mr. Williams: OK. Vice Mayor, a point of clarification. The tire program is
a distinct and separate program. The City benefits through the County by not
having any cost of disposal for tire delivery. We will go around the City and
collect usually illegally dumped tires. Those tires are taken to Dade County.
Those tires are disposed of through that system as part of the State funding.
Vice Mayor Dawkins: Mr. Williams, quite some time ago, this Commission argued
with you and the Manager because the County was receiving "X" dollars for the
pickup and removal of tires, and you and the Manager told this Commission that
we got money for that. Now, this is the same tire program. Somehow, we
have - you can say anything you want, but the people who pick those tires up
are employees. They are our employees. So - and if you got money here, they
should be paid with this money. You should not be allowed to take this money
and go do something else with it, but that's just my opinion. No further
questioning. But according to what I have as backup, this is tire recycling
and educating people about tires. This is not to do what you just told me you
were going to do.
Mr. Williams: Vice Mayor, I apologize for the confusion. I would certainly
like to sit with you and go through it. We are receiving additional support
through the County for the tire disposal program, and I certainly would like
to explain in detail to you what we're doing.
Vice Mayor Dawkins: No, no, no. If the rest of my Commissioners are satisfied
with the resolution saying one thing and the backup saying another, and they
vote for it, I'll go - you don't have to explain it to me.
Commissioner Plummer: Well, that goes without saying. I still have a
problem, Mr. Manager, where you are going and noticing violations on people
who have not committed the problem. People are still being noticed of
violation for tires that suddenly appear on their property overnight. They
don't know how in the hell they got there. They've got a yard full of tires,
and we're going out and writing them a notice of violation. I think it is
wrong.
Mr. Odio: Well, we can only fine the owner, sir. We do not - cannot have
people there all night waiting to see who dumps.
Commissioner Plummer: I think - excuse me. Let me tell you what I think.
Mr. Odio: We have to make owners responsible.
Mayor Clark: Please, now, one at a time so we can understand.
85 January 13, 1994
Mr. Odio: Yes, sir.
Commissioner Plummer: Mr. Manager, I think it behooves that you must
demonstrate and prove that the owner put them there. I still have my friend
who has a fenced in yard, that on a Saturday night or Sunday night, he comes
out the next morning and somebody has dumped 100 tires in his yard, and you
are writing him a notice of violation that he did it. He did not do it, and
it is wrong.
Mr. Odio: He should - what he should do - and you heard that gentleman, what
they do in Connecticut. The only way we have is to make the owner responsible
to make sure nobody dumps in his property. Put a fence around it. Do
something.
Commissioner Plummer: He has a fence.
Mr. Odio: Well, then...
Commissioner Plummer: They're throwing the damn tires over his fence on 79th
Street.
Commissioner De Yurre: Put a roof over it.
Commissioner Plummer: Put a roof over it. Well, you know, if you're not
aware, Victor - do you know people are renting warehouses of 100,000 square
feet, filling it full of tires, and leaving town, and the owner of the
warehouse now has 100,000 square feet of tires that he cannot get rid of?
Mayor Clark: That's true. It happened on the Beach.
Commissioner Plummer: It is incredible. Now, but we're going to write that
owner of that warehouse a notice of violation, as if he committed the crime.
That is wrong in my book.
Mr. Odio: Well, because if what he should do, if they get smart, they should
put a bond in front or something to protect then. But how can we, the City,
patrol every single lot and every single property, and make sure that somebody
else is not dumping on your property.
Vice Mayor Dawkins: You know what, Mr. Manager?
Mayor Clark: Please.
Vice Mayor Dawkins: I'm sorry, Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: I will allow him.
Vice Mayor Dawkins: Thank you. Mr. Manager, somehow, some of us better get
it through our heads that we have to deal with citizens as human beings. OK?
Now, you just saw in the paper yesterday where an individual, for some
reason - I don't know what - was told he awed taxes, and he decided he wasn't
86 January 13, 1994
going to pay it, and he blew somebody's brains out. Now, we don't know why.
You don't know whether the guy said something to tick him off, and you don't
know why. Now, you're going to go around here and some guy who - and I'm just
hoping that we don't do this - some guy who has got - an agent orange veteran,
is ready t die anyway, going to die - and you're going to go argue with him
and tell him that he owes you "X" dollars because somebody dumped some tires
on his property, and you're going to make him pay you, and we're going to have
a serious problem. See, I'm just passing that on to you, because when they
came to my office, I'm going to lock my door.
Mr. Odio: No, sir. You know, you're right, and when we were talking about
curbside a minute ago, and Commissioner Gort included the fines, who do we
fine? We have to fine the property owner, because - now if somebody comes and
dumps in front of your house...
Commissioner Plummer: Should be fining the person that commits the crime.
Mr. Odio: ... you cannot catch them on the...
Mayor Clark: Please, please. One at a time.
Commissioner Plummer: It's wrong.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: Let me tell you, Mr. City Manager, is that on this one, I
have to agree with J.L. on this. I think we do have a problem with illegal
dumping. That's something that's taking place and I understand if we go to
curbside, it's different. The persons want to put the cans outside. But when
we have an individual that puts a fence on his lot and he does everything that
is possible to protect it, and you got illegal dumping in there, I think the
City should work with this individual and try to do something.
Mr. Odio: No, I...
Commissioner Gort: I think we need to, and we really have to go after these
people who are illegally dumping, and really make them pay for it. I mean, we
can use some of these people and we can enforce that, because unfortunately,
the City of Miami is being utilized by a lot of people for dumping, and we
can't allow that. We've got to clean this City, and this is a commitment that
we made, and we need to do that, through education, but through fines also,
but fine the right party. I agree with J.L. on this. If I had a lot, I had
it fenced in, and people are dumping constantly, I think we ought to work with
those people somehow.
Commissioner Plummer: Where are we? Fourteen? Have we called the roll on
14?
Mayor Clark: We need - no, sir. We need a motion and a second.
Ms. Matty Hirai (City Clerk): Yes, we have the motion, Mr. Mayor.
87 January 13, 1994
Commissioner Plummer: I moved it, Mr. Mayor. I said I am always happy to get
money from the State.
AN ORDINANCE ENTITLED -
AN ORDINANCE(being drafted by the Law Department.)
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
i
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. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO AUTHORIZE CITY MANAGER TO
NEGOTIATE WITH THE THE CITY OF MIAMI SPRINGS FOR PROPOSED SALE OF MIAMI
SPRINGS GOLF COURSE (LOCATED AT 650 CURTISS PARKWAY).
Mayor Clark: Mr. Manager, you have a note here somewhere about negotiations
on the Miami Springs Golf Course for the City of Miami Springs. Is that
right?
Mr. Cesar Odio (City Manager): Yes, sir. We received a letter.
Mayor Clark: I saw the letter.
88 January 13, 1994
Mr. Odio: Yes, sir.
Mayor Clark: I would like to have - what item is that on there?
Mr. Odio: Let me see. What item is that? Seventeen.
Mayor Clark: Seventeen. I would, for a number of reasons, I'll get back with
this Commission on it. I want to see this deferred. I know we're not making
money on the golf course, because we're taking all the money we get out of the
golf course and putting it in the general fund. I know what's happening.
It's been happening for years. These appraisals, I don't know exactly what
it's worth. It's worth a lot more than people think it's worth. We have a
gentleman out there that's kept that course going. He's here in the audience
right now. Tony Molina is the proprietor of the - he's done a good job out
there, to hold that golf course together, to hold that building together. We
almost let that thing collapse. And I think before we do anything insofar as
negotiating with another City, we've got to get... I spoke yesterday to Bill
Bird. Now, Bill Bird is retiring. He's not asking to get a job or anything
like that. Bill Bird has got one of the records, so far as parks and
recreation is concerned, he is one of the tops in the nation. If you went
over and looked at Key Biscayne yesterday, that they paid a million dollars to
build 22 years ago, and see it today, it looks like something in outer space.
It's just beautiful, you can't believe it. Now they are going to have a nice
little tournament, an international tournament there, on February the 4th. We
have a great asset in that golf course out there. I don't think we'd ever get
the money selling it, just an outright sale. Bill Bird has some good ideas, I
want him to discuss them with you, and the Parks Director, where we can really
probably have a tremendous asset without even looking at, without any money
from the City, investment, to put in that. So, I'd like to have this item
withdrawn at the present time. Item 21, is it?
Commissioner Plummer: Seventeen.
Mayor Clark: Seventeen, and I'll get back with you in a future date.
Commissioner Plummer: Mr. Mayor, may I ask of you, sir? How does this differ
from Melreese?
Mayor Clark: Well, it's no different, and basically, J.L., but...
Commissioner Plummer: Cause I mean Charlie is the heartthrob out there,
Charlie De Luca, and I don't see where one is any different than the other, is
what I'm asking.
Mayor Clark: Well, the reason for it, J.L., they are going to start to sell
it. I don't want to sell it.
Commissioner Plummer: OK.
Mayor Clark: That's that. I don't want to sell it. I think we've got a
tremendous asset there, and Bill Bird has cane up with tremendous ideas. Look
what he's done with the old Country Club of Miami, a great asset. Key
Biscayne is another great asset. Palmetto is another great asset, and they
are making money.
89 January 13, 1994
Commissioner Plummer: Yeah.
Mayor Clark: I mean, big money.
Commissioner Plummer: He's an expert.
Mayor Clark: Expert at it. So, let's go through this with him, and just tell
them, "thank you for their inquiry." I don't think they've got the money,
Miami Springs, to buy it anyway. And I wouldn't want to give it, you know,
take $500,000 down and $500,000 in 20 years. That's not the way to sell
things.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: This is different from the discussion we are having this
afternoon about the Sports Authority?
Commissioner Gort: Yes.
Mayor Clark: Oh, yeah.
Vice Mayor Dawkins: OK, thank you.
Mayor Clark: Nothing whatsoever to do with that.
Vice Mayor Dawkins: You made a motion?
Mayor Clark: Motion to withdraw it.
Vice Mayor Dawkins: Withdraw.
Commissioner Plummer: The Manager can withdraw without a motion.
Vice Mayor Dawkins: OK.
Mayor Clark: OK, very good, withdraw it.
Commissioner Gort: I'd like to make a comment, Mr. Mayor.
Mayor Clark: Uh-huh. Item 15. Yes, sir, excuse me.
Commissioner Gort: I'd just like to say that bringing Bill Bird as a
{ volunteer here is... I got to congratulate you on that. Because when we were
Idoing the economic development in Little Havana about 15, 20 years ago, the
guy that really got it going was Bill Bird. If we can get him to come to
work, that's great.
Mayor Clark: He's tremendous, and he has offered his services at no expense
to the City of Miami.
Commissioner Gort: Pro-bono, that's great.
90 January 13, 1994
Mayor Clark: And he believes he can turn this thing around. And concluding
to help Charlie out there at Melreese too.
Commissioner Plummer: If any one man can do it, it can be him.
Mayor Clark: Yes, he sure can. All right, thank you, members of the
Commission.
------------------------------------------------------------------------------
30. URGE THE UNITED NATIONS AND ALL ITS AFFILIATED ORGANIZATIONS TO
RECOGNIZE AND ACCORD FULL MEMBERSHIP STATUS TO THE REPUBLIC OF CHINA ON
TAIWAN -- FURTHER, URGE THE U.S. GOVERNMENT TO GIVE ITS ACTIVE SUPPORT
IN ORDER TO EXPEDITE THE FULL PARTICIPATION OF THE REPUBLIC OF CHINA ON
TAIWAN IN THE INTERNATIONAL COMMUNITY IN GENERAL AND THE UNITED NATIONS
IN PARTICULAR.'
Mayor Clark: Item number 15. Membership status.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: I'll second it, Mr. Mayor.
Mayor Clark: If there is no exception, we cast a unanimous ballot. Let me
say something - do you have to read... No, we have to read this to the
Commission?
Ms. Matty Hirai (City Clerk): No, sir, it's a resolution.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-21
A RESOLUTION URGING THE UNITED NATIONS AND ALL ITS
AFFILIATED ORGANIZATIONS TO RECOGNIZE AND ACCORD FULL
MEMBERSHIP STATUS IN THE UNITED NATIONS AND ALL ITS
AFFILIATED ORGANIZATIONS TO THE REPUBLIC OF CHINA ON
TAIWAN; FURTHER, URGING THE UNITED STATES GOVERNMENT i
TO GIVE ITS ACTIVE SUPPORT IN ORDER TO EXPEDITE THE i
FULL PARTICIPATION OF THE REPUBLIC OF CHINA ON TAIWAN
IN THE INTERNATIONAL COMMUNITY IN GENERAL AND THE
UNITED NATIONS IN PARTICULAR; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOIxTTION TO THE OFFICIALS
DESIGNATED HEREIN.
91 January 13, 1994
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Commissioner Plummer: I thought we were going to change that? There was
nothing that stopped the Mayor from making a unanimous ballot without
objections. I thought it was only in reference to ordinances.
A. Quinn Jones III, Esq. (City Attorney): No, the Mayor asked whether it
needed to be read into the record.
Mayor Clark: What should be read?
Ms. Hirai: The Mayor asked if the resolutions need to be read for the record.
The answer was no, only ordinances.
Commissioner Plummer: My question is, on a resolution at the last meeting,
the Mayor asked, could he say "show unanimous vote" without having to go
through a roll call vote. And, I thought on a resolution the answer was yes.
An ordinance, no. Sure save a lot of time.
Mr. Jones: Yes, it's done at various commissions. And, the only requirement
by State Law is that whatever the vote is that it be recorded...
Commissioner Plummer: Sure.
Mr. Jones: ...in the official minutes.
Commissioner Plummer: If it's unanimous that's easy.
92 January 13, 1994
------------------------------------------------------------------------------
31. AMEND RESOLUTION 93-731, WHICH DIRECTED THE CITY MANAGER TO
ALLOW VIRGINIA KEY MARINA, INC. (VKM) CONTINUED USE OF CITY -
OWNED LAND, FOR THE AREA GOVERNED BY THE CONCESSION
AGREEMENT WITH MARINE STADIUM ENTERPRISES, INC. ON A MONTH -
TO -MONTH BASIS -- EXTEND TERM OF AGREEMENT TO JUNE 30,
1994 -- INCREASE PERCENTAGE OF VKM'S GROSS RECEIPTS
(EFFECTIVE JANUARY 1, 1994) TO BE PAID THE CITY TO 14% FOR
DRY BOAT STORAGE AND SUBLEASE OPERATIONS -- GROSS RECEIPTS
FOR THE RESTAURANT TO REMAIN AT 10.3% -- SET PUBLIC HEARING
TO AUTHORIZE ISSUANCE OF RFP FOR UDP CONSISTING OF
DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL
j ANCILLARY MARINE -RELATED USES ON APPROXIMATELY 4.3 ACRES OF
f CITY -OWNED WATERFRONT PROPERTY (AT 3501 RICKENBACKER
i CAUSEWAY) -- DIRECT ADMINISTRATION TO COME BACK AT THE NEXT
MEETING WITH A PROPOSAL AS IF THIS WERE TO BE A CITY
OPERATION TO COMPARE WITH USING AN OUTSIDE COMPANY.
------------------------------------------------------------------------------
Mayor Clark: All right, item number 16.
Commissioner Plummer: Mr. Mayor, I'll move it. When are we going out with
j the RFP (Request for Proposal)?
Mr. Cesar Odio (City Manager): As soon as you allow me. I have to finalize a
meeting with Commissioner Dawkins, as he requested, and we should put it on
the agenda of February...
Mr. Jack Luft: Tenth.
Mr. Odio: ...if he has no problem with that.
Commissioner Plummer: Well, excuse me. You are going to have to extend this
beyond March.
Mr. Odio: Yeah, because the RFP...
Commissioner Plummer: I mean there is obviously...
Mr. Odio: ...if approved, then you have to give people 90 days to reply.
Commissioner Plummer: All right, what do you think it's reasonable time for
the RFP to go out...
Mr. Odio: July.
Commissioner Plummer: ...to come back, be analyzed?
Mr. Odio: July.
Commissioner Plummer: July?
93 January 13, 1994
Mr. Odio: Before the recess.
Commissioner Plummer: All right. So, then, should we change this here to
show that this month -to -month is till July the...
Mr. Odio: Yes.
Camiissioner Plummer: ...the end of July.
Mr. Odio: Yes.
Commissioner Plummer: I would incorporate that, Mr. Mayor.
Mayor Clark: Well, you know... All right. You know, it's taken a long time
with this situation. And, Mayor Dawkins - Vice Mayor Dawkins - he... this
agreement expired in November, and you were asking for it, now it's mid
January, and it's already in the editorial in today's, Tuesday's, Herald.
We've... what to do with these valuable properties. I'm in agreement to
extend it till April. We should not defer this item today. We should approve
it. And the Manager should have an RFP ready for us to consider at the next
meeting.
Commissioner Plumper: Who's deferring? I made a motion to approve, Mr.
j Mayor.
Mayor Clark: All right, January the 27th, RFP.
Mr. Odio: Yes, sir. We'll have the RFP back to you in the meeting of
February.
Commissioner Gort: Mr. Mayor.
Mr. Odio: Oh, in the first meeting of February, the second meeting of January
is the Planning and Zoning meeting.
Commissioner Plumper: Well...
Mayor Clark: Is that a zoning meeting?
Mr. Odio: Yes, sir.
Mayor Clark: How many items from zoning are we going to have?
Mr. Odio: That's why... I don't know the number, but you could start this
meeting at 4 o'clock in the afternoon.
i
Commissioner Plumper: How about having both meetings in one?
Mr. Odio: No, I was asked not to do that.
Commissioner Plummer: OK. Mr. Mayor, my concern in changing was not to defer
the RFP, but was to say that March the 31st is... ends this current month -to -
month is not realistic. So, that's why I made the amendment to say the end of
July.
94 January 13, 1994
Ms. Linda Kearson (Assistant City Attorney): Excuse me, this item is amending
it, taking it through...
Mayor Clark: How about June, J.L.?
Commissioner Plummer: Whatever, Mr. Mayor, it's realistic, I don't...
Mayor Clark: How about June the 30th?
Commissioner Plummer: June 30th is fine.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: I only have one other question. Does this preclude the
City from being a bidder?
Vice Mayor Dawkins: Hell, no.
Mr. Odio: No, it does not.
Commissioner Plummer: Well, you know, my only question is, obviously people
j are going to bid on this to make a profit, and if they can make a profit, why
can't we? Why do we give it away? That's my question.
Mr. Odio: It does not preclude you from doing that.
Mayor Clark: Mr. Dawkins, you are recognized.
Vice Mayor Dawkins: Mr. Manager... I mean, Mr. Mayor, I have been here a
long time. Prior to your and Commissioner Gort's arrival, I request
information and never get it. And I've never gotten it because they had three
votes. So, what difference does it make whether they give me my information
or not. They are going to have the votes to do what they want to do. On the
7th, I requested information, on the 21st of December. The Manager came to
see me Tuesday to discus the item. I said I had not gotten the information.
He says, "What!" So, the Manager went and got the information and brought it
to me yesterday, and I told the Manager yesterday I refuse. To ask for
something on the 21st of December and have you bring it to me this day of
January, and expect me to read it and react to it tomorrow. Now, I am not
going to defer this any longer because it looks like Miller Dawkins is trying
to kill the project. I'm not trying to kill the project. I just need
information to vote intelligently, that's all I need. So... But, I just want
you to know that this is a common occurrence. When I ask for information, I
have not gotten it. You can ask Plummer, you can ask Commissioner De Yurre.
And everybody just roll over me and vote on because, hey, they got three
votes. Just like right now, they got three votes for this.
Commissioner Plummer: Mr. Mayor, may I change my motion?
Mayor Clark: No, no.
Vice Mayor Dawkins: No, don't change it. No, let it go, J.L.
95 January 13, 1994
Commissioner Plummer: I didn't ask you.
Vice Mayor Dawkins: No, but let's not hold it up, J.L. because then they will
say Miller Dawkins held it up.
Commissioner Plummer: Just listen to my motion.
Vice Mayor Dawkins: OK, go right ahead, sir.
Commissioner Plummer: Mr. Mayor, may I change my motion that we approve item
14 subject to the following conditions - 16. Number one, that the extended
use be continued until June the 30th, 1994, to give adequate time to go
through the process. And number two, that the RFP not go out until such time
as Commissioner Dawkins has had the time to analyze that information which he
requested previously. And that if he is not satisfied, that this matter cage
back before this City Commission. I think it's only a fair motion to make.
Mayor Clark: I would like to see the RFP here on the 27th of January, this
is... We are going to be a laughing stock.
Commissioner Plummer: That's fine. If he approves it, it goes.
Vice Mayor Dawkins: That's fine. Bring it back. Let's get it over with.
Mayor Clark: Twenty-seventh of January, get the RFP right here.
Vice Mayor Dawkins: Ain't going to make no difference.
Mr. Odio: I'll have it here on January the 27th.
I
iVice Mayor Dawkins: OK, no problem.
Mayor Clark: Because this has been carried along... We get criticized right
through the wall.
Commissioner Plumper: Ridiculous.
Mr. Odio: No, I was trying to... maybe I need a reading on this. I
understood that you wanted no regular agenda items on planning and zoning days
to keep the meetings...
Commissioner Plummer: That's correct.
Vice Mayor Dawkins: We do not.
Mr. Odio: And this is a regular - that's all I am asking.
Vice Mayor Dawkins: But the Mayor just directed you to do it.
Mr. Odio: So, I will do it.
Vice Mayor Dawkins: The Mayor just directed you to do it.
Commissioner Plummer: Can I ask a question, Mr. Mayor? Mr. Manager, someone
said to me, have you deleted a portion of this from the previous RFP?
96 January 13, 1994
j Mr. Luft: A portion of what?
i
Mr. Odio: No. What do you mean?
Commissioner Plummer: Is this the boundaries, the territorial boundaries of
this upcoming RFP exactly the same as the last REP?
I
Mr. Luft: No, sir, it's an entirely different piece of property.
Commissioner Plummer: Who instructed you to change?
Mr. Luft: This is an... The last RFP was for a restaurant on a vacant parcel.
Commissioner Plummer: Oh, I thought it was the marina and the restaurant.
Mr. Luft: No, no, it had nothing to do with that. That property, when that
RFP first went out...
Commissioner Plummier: Yes.
Mr. Luft: ...which was two years ago, we had an existing lease on the
boatyard and an existing operator and it was not...
Commissioner Plummer: Which they gave up to the referendum.
Mr. Luft: No.
Mr. Luft: What do you mean, no?
Mr. Luft: No. Mr. Zamora was operating a boatyard and continued to do so.
Commissioner Plummer: And he gave up his rights to...
Mr. Luft: No, sir.
Commissioner Plummer: ...to go to a referendum to come out with another
lease.
Mr. Luft: He gave up his rights on the restaurant that was there. He agreed
to close it if a new restaurateur came in. He bid on it. He was successful.
But, the boatyard and the boat -racks remained, that was not changed. That was
under lease. This is a different piece of property. What we are doing here
on this RFP is putting a 300 rack boatyard, with some ancillary commercial
services out to bid. This is the first time this property has been bid since
the...
Commissioner Plummer: OK.
Mr. Luft: ...lease expired.
Mayor Clark: Please, now. Let's just get this straight. This is a complete
parcel over there at Virginia Key, right?
97 January 13, 1994
Mr. Luft: Yes, sir.
Mayor Clark: The restaurant, the boatyard, the racks, everything else?
Mr. Luft: Four point three acres of boatyard, racks, ramps, restaurant,
retail services, the whole thing.
Mayor Clark% And I don't like the 10 percent restaurant deal, either.
That's... I don't know where they come up with that, but you never changed
it. The 14 percent is... you changed the other. But...
Mr. Luft: Yeah.
Mayor Clark: January the 27th, whether we meet on it or not, I want that RE?.
Mr. Odio: Sir, we'll have it in the agenda for 4 o'clock on January the 27th.
Mayor Clark: Very good. Mr. Gort, I'm sorry.
Commissioner Gort: Being the new guy on the block, I need to ask you a
question. Does it take that long to get... do we need to give that much time
j for respondents? Ninety days?
Mr. Luft: Ninety days, that's part of the Charter and the Code, yes. Minimum
required.
Commissioner Plummer: Oh, yeah, that's normal. The advertising and
everything.
Commissioner Gort: Is that by law? Can we do anything about that?
Mr. Luft: You can change the Charter.
Commissioner Plummer: Well, the problem is that you - by the time you
advertise, they go out, they make their bids, they come back, they analyze,
they evaluate, and bring it back before this Commission. It's more than 90
days.
Mr. Luft: Well, the response period for the proposer from the day we issue it
to the day it's due, cannot be less than 90 days.
Commissioner Gort: Cannot be less than 90 days.
Mr. Luft: From there, we are doing everything we can compress, all of the
evaluation, to 30 days after that. And we'll be back to you within that 30-
day period with a recommendation. But, the 90 days is built into the Code.
Commissioner Plummer: If you get a bidder.
Mayor Clark: In addition, Mr. Manager, we want to make sure that we bid on
this ourself.
Mr. Odio: Yes, sir.
98 January 13, 1994
Mr. Luft: I...
Mayor Clark: Right, J.L.
Commissioner Plummer: Yes, sir.
Mr. Luft: Mr. City Attorney.
A. Quinn Jones III, Esq. (City Attorney) : We have to look into the compwk%
because I have been informed that there may be an exclusionary provision in
the RFP that would forbid us from formally bidding on it.
Mr. Luft: There is a finding...
Mayor Clark: We don't want it in there then.
Mr. Luft: Procedurally there is a finding made in the unified development
process whereby this Commission declares, in issuing the REP, that the most
advantageous method for securing operation and development of the property is
to seek private proposals. And that...
Mayor Clark: I don't think we are bound by that.
Mr. Jones: But, it will always be at your discretion, and this is always put
in there that if you don't deem any of the proposals acceptable, you can throw
them all out. Secondarily, if the City deems it appropriate. Deems it that
it is more appropriate for the City, or more advantageous for the City to do
it, certainly, you can make that determination and go forth with it.
Mayor Clark: We'll know on the 27th. We'll know on the 27th.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: If I may. As the City has done in the past, I would
recommend or ask of the Administration that they come back with the proposal
on the 27th so that we will be able to compare as to if it were to be a City
operation, how much it would cost...
Mr. Luft: That's...
Commissioner Plummer: ...and how much we could make, as opposed to going out
and the potential of getting an outsider.
Mayor Clark: Accept one of the other.
Mr. Luft: That's the correct time to do it, yes.
Commissioner Plummer: Well, I'll like to see that comparison...
Mr. Luft: Right.
Commissioner Plummer: ...but I'm asking you all to do it.
99 January 13, 1994
V`
Mr. Luft: You...
Commissioner Plummer: Let me tell you. Merril Stevens, when you came to me
for Merril Stevens, originally, back before the big sham, you showed where the
City could make over a million dollars a year operating that themselves, OK?
And I'm still wondering where that is today. OK.
Mayor Clark: Still haven't paid the rent either. OK.
Commissioner Plummer: I'll move item 16.
Ms. Hirai: Excuse me.
Commissioner Plummer: As amended of course.
Mr. Bill Harrington: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Harrington: Is this open to public input?
Mayor Clark: Yes, you can speak.
Mr. Harrington: OK, I'm Bill Harrington, I'm the chairman of the City of
Miami Waterfront Advisory Board. And to our understanding, and my
recollection, our ordinance that created our board, indicates that all matters
relating to City -owned waterfront property should be referred to the
Waterfront Board before it goes to any other board or Commission. Mr. Brand,
who is no longer on the board, but is a former member - chairman of the
Waterfront Board - his recollection is that this issue has not been brought to
US. I don't want to muddy the waters, but we have the same problem, Mr.
Mayor, as Commissioner, Vice Mayor Dawkins, in that we don't get the word on
things in due process. I just wanted... One other bit of information, Mr.
Mayor, there is a good deal of volunteer input being offered and executed by
the AIA (American Institute of Architects) here and other entities as relates
to the adjacent property, not this one, but the Marine Stadium and Virginia
Key. I'm pleased to say that Commissioner... Manager Odio has been
cooperative in that, and he authorized that Mr. Luft would participate in
that. I see that as a very encouraging step. I'm not real keen on this
particular one, kind of, going by the Waterfront Board. That's my
observation, sir.
Mayor Clark: Thank you, sir. Thank you very much for that information.
Commissioner Plummer: Mr. Mayor, that can be easily resolved. They have to
have the RFP in our hands five days prior to the hearing. Give them the same
opportunity to have it, and if they want to schedule a hearing before the
Commission meeting to review it and recommend to us, they got three days to do
it, Monday, Tuesday and Wednesday.
Mayor Clark: Very good. Motion and a second, call the roll.
Mr. Harrington: Done it faster than that, Mr. Mayor.
100 January 13, 1994
Ms. Hirai: Commissioner Plummer made the motion. We need a second on the motion.
Commissioner Gort: I'll second the motion.
Commissioner Plummer: I made the motion.
Ms. Hirai: And since we are not going to call the roll, then all those in favor say "Aye."
Mayor Clark: So ordered.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-22
A RESOLUTION AMENDING RESOLUTION NO. 93-731,
ADOPTED NOVEMBER 23, 1993, WHICH DIRECTED THE
CITY MANAGER TO ALLOW VIRGINIA KEY MARINA, INC.
("VKM") THE CONTINUED USE OF CITY -OWNED LAND,
FOR THE AREA GOVERNED BY THE CONCESSION
AGREEMENT BETWEEN THE CITY OF MIAMI AND
MARINE STADIUM ENTERPRISES, INC., ON A MONTH -TO -
MONTH BASIS, SAID CONTINUED USE NOT TO EXTEND
BEYOND MARCH 31, 1994, THEREBY: (1) EXTENDING
SAID MONTH -TO -MONTH USE FROM MARCH 31, 1994 TO
JUNE 30, 1994; AND (2) EFFECTIVE JANUARY 1, 1994,
INCREASING THE PERCENTAGE OF VKM'S AND ITS
SUBLESSEES' GROSS RECEIPTS TO BE PAID THE CITY
FROM TEN AND THREE TENTHS PERCENT (10.3%) TO
FOURTEEN PERCENT (14%) FOR THE DRY RACK BOAT
STORAGE AND SUBLEASE OPERATIONS RESPECTIVELY,
WITH THE GROSS RECEIPTS TO BE PAID THE CITY BY
VKM FOR THE RESTAURANT REMAINING AT THE
EXISTING TEN AND THREE TENTHS PERCENT (10.3%).
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
101 January 13, 1994
------------------------------------------------------------------------------
32. DISCUSS AND DEFER (TO FEBRUARY MEETING) CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMNT WITH J.M.
SERVICES, INC., TO OPERATE / MANAGE THE BAYFRONT PARK ARTS AND CRAFTS
FESTIVAL TO BE HELD IN MILDRED AND CLAUDE PEPPER BAYFRONI' PARK ON
SPECIFIED WEEKENDS FOR FOUR-YEAR PERIOD COMMENCING JANUARY, 1994, FOR A
FEE OF NOT LESS THAN $5,000 PER Ili. (See label 52)
Mayor Clark: The next item, 17.
Cammissioner Plummer: Eighteen, isn't it? I thought we did 17.
Commissioner Gort: Eighteen. We already did 17, you deferred it, sir.
Mayor Clark: Yes, 17 we deferred and withdrew it from the agenda.
Commissioner Plummer: Mr. Mayor, 18 is... I bring to you from Bayfront Park
Trust. This is to have an Arts and Crafts Festival in the park on weekends,
48 weekends out of 52. This has the potential... Well, excuse me, not the
potential. Under the four year contract, we will be paid, at Bayfront Park, a
minimum of $96,000 a year on base rental, or 20 percent of whatever is greater
on the gross. We will receive approximately $35, 000 guaranteed on food and
beverage, not including alcohol. If it were to be sold, we would receive 21
percent of any of those sales. What we are asking you here today is to give
us the opportunity, with a final contract to be approved by the trust, by the
Manager, the City Attorney, and myself as chairman, we have furnished each and
every one of you a copy of the contract. It is with a reputable company. It
will absolutely not, and I emphasize the word not be a flea market. We will
control, solely at the discretion of our executive director, any and all
merchandises that can or will be sold. We will also retain the right of any
signage, and we will retain the right of any tents that they would put into
the park. This is a four-year contract. It is a possible $150,000 a year.
It canes to you with the recommendation of the Park Advisory Board.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: You said 48 weekends?
Commissioner Plummer: Forty-eight weekends is correct, sir.
Vice Mayor Dawkins: And it's 52 weekends in a year?
Commissioner Plummer: That is correct, sir.
Vice Mayor Dawkins: So...
Commissioner Plummer: Now, excuse me. Let me clarify this for you because I
know where you are caning from. This only would exist on the pramnade. It
would not preclude a show in the amphitheater. It would not preclude a show
in the new south end of the park. This is on the promnade, and you can have,
simultaneously, something in the amphitheater as well as the arts and crafts
102 January 13, 1994
festival going on simultaneously. And when the south end of the park is
i finished, you can have three events going on.
Vice Mayor Dawkins: OK. No, wait, no, sir. Second... But, J.L., I just
don't buy that because if a - and I'm just going to use the word ethnic
ccmminity wanted to have an ethnic celebration...
Cc mi.ssioner Plummer: Yes, sir.
Vice Mayor Dawkins: ...and wanted the whole park. Hey, I mean, hey, what's
that, the Nicaraguans were out there. They needed the whole park.
Commissioner Plummer: Well, Mr. Dawkins, there is a provision, which was
written in there yesterday, would allow the trust, with giving three weeks
notice to the producer, to take back two additional weekends and relieving...
Vice Mayor Dawkins: So, now we have the 46.
Commissioner Plummer: ...relieve... Well, that's an option.
Vice Mayor Dawkins: OK.
Commissioner Plummer: But, it will relieve him of the...
Vice Mayor Dawkins: I would prefer that you give at least 10 weekends, so I
would be in favor of voting, giving them 42 and not 48. That would just be my
feeling. And have 12 weekends available for the public.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: I have that concern also, but let's look at it a
little bit differently. How many weekends is the facility rented normally,
now?
Mr. Ira Katz: We are booked, right now, for 110 dates this calendar year.
Commissioner De Yurre: I'm asking...
Mayor Clark: Give us your name, please.
Commissioner De Yurre: I'm asking... Go ahead.
Mayor Clark: Please give us your name.
Mr. Katz: Ira Katz, Executive Director of Bayfront Park Management Trust.
Commissioner De Yurre: How many weekends?
Commissioner Plummer: How many weekends, that's what he's asking.
Mr. Katz: Thirty-nine last year, and we are projecting 41 this year.
103 January 13, 1994
Commissioner De Yurre: Thirty-nine, and that consisted of what kind of
activities?
Mr. Katz: Events from concerts to ethnic festivals in the amphitheater in the
park, trade shows, convention and exhibition affairs, tourism affairs.
Commissioner De Yurre: OK. So, now we are saying at the expense of the
community, which is there for 39 weekends with different festivals, local,
ethnic, and so on and so forth, we are going to commercialize it 45 out of
those 52 weekends.
Mr. Katz: Well, Commissioners...
Commissioner Plummer: But, it's... Do you have the map?
Commissioner De Yurre: First of all, I don't have a contract, I haven't seen
one yet. It's not in the package here.
Mr. Jones: The contract is being finalized with the Law Department,
Commissioner.
Commissioner De Yurre: OK. So, we have nothing yet just to look at, to begin
with.
Commissioner Plummer: I'm... Then I apologize for that. It was my
understanding that you had received it. Victor, let me make an understanding
with you. We are not talking about the entire park. We are only talking
about the promenade which is called the Flagler Street Promenade, OK. That
and around the fountain. I think your problem, Commissioner Dawkins, if you
eliminate 12 weekends, he's not financially going to be able to amortize the
cost of his initial setup, unless you were to extend it maybe out to a fifth
Year, which I think then the trust would be opposed to. It, of course, is up
to this Commission. We realize that it was. We worked this thing so
difficulty (sic) that we made sure that there was no conflict with anything
else that could be being held in the park. It did not preclude. It's two
days, from seven to seven. It's up to this Commission. You have the
opportunity to get up to no less than $150,000 a year.
Commissioner De Yurre: J.L., I think we have to have some kind of... I don't
mind going a fifth year, if that's what it takes. What's the difference
between four and five? And if they've been successful, then we will want them
to be a fifth year there. So, it doesn't make any sense to limit it to four
if five is going to alleviate this concern that we have, which I think is a
valid concern. You know, I'd like to see... I believe that what you are
proposing here is good. I'd like to see that every night where you can go
there and have arts and crafts, and people can just walk along the park there.
1 I think it would be great. But, yet, I don't want to take away from the
1 community as a whole that's been enjoying it, and we've been promoting it as
such, and you've done a good job in getting it to that point where, now, 39
weekends out of the year it's used by the community.
Commissioner Plummer: No, we'll have more. We'll have more weekends than 39.
There is no question about that.
104 January 13, 1994
e4;>
Commissioner De Yurre: So, I have a concern, and I'm not ready to vote on
this until I see the contract to begin with. But, I'd like to see some middle
ground, somehow.
Commissioner Plummer: Well, what we were asking was is subject to. I have no
problem. We'll just have to delay it out for another month. That's all. I
can't...
Mayor Clark: OK. Motion to defer for one month.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: I'll second the motion in discussion. The one thing I'd
like to see, J.L.. We had this in the past, and the problem that we had, the
arts and crafts really turned into something else. And I know the downtown
merchants had a lot of problems with what was established there before. I'd
like to make sure when you describe "art" and "craft" that you make sure that
it's art and craft and you put a definition, if possible, to the art and
craft.
Commissioner Plummer: Well, that came up yesterday at the board meeting. And
he gave a basic description of the things that he was going to be. He's even
being forced by some board members to put on four art, solely art, kind of
weekends. I think the real key was at the sole discretion of Ira Katz, the
Executive Director. That he could pull any item that was not what he felt was
in good taste.
Commissioner Gort: Good.
Commissioner Plummer: OK?
Commissioner Gort: OK.
Mayor Clark: All right motion...
Commissioner Gort: To entertain also, I, like Victor, do not mind the fifth
year, and I would love to see it in the evenings also. I don't think it
should be restricted to 7 o'clock in the evening. I think it would be
something attractive to...
Commissioner Plummer: Well, OK. He might have a problem there because let
me... One of the things that I didn't bring out that I should, all expenses
are at the cost of the promoter. He has to provide the City with insurance;
he has to provide security; he has to provide clean up; he has to provide us
with a $100,000 performance bond; he has to provide us with a $2,000 damage
bond. And all of those matters are written in, and I apologize - you and I
will tangle later! - that I was of the impression that all of you had a copy
of the contract which we worked on until late last night. Mr. Infante, I'm
sorry, sir, my colleagues are not informed. I would never ask them to vote,
sir, if they don't have all of the information. So, this will be put over
till next month. I apologize.
105 January 13, 1994
Mayor Clark: Motion to defer until the meeting in February. Moved by Mr.
Plummer, seconded by Mr. Gort. All in favor signify by saying "AYE." Opposed
like sign. So ordered.
------------------------------------------------------------------------------
33.(A)ACCEPT BID: JR BUILDINGS, INC. -- FOR FURNISHING 51 FRENCH WINDOWS TO
BE INSTALLED AT MANUEL ARTIME COMb4MTY CENTER (FOR DEPARlMENr OF
C'(JMNI MTY DEVELOPMEtU) -- AT PROPOSED AMOUNT OF $65, 960 WITH OPTION #2
FOR DOUBLE PANE INSULATED GLASS AT AN ADDITIONAL $3,200 (TOTAL COST
$69,160) -- ALLOCATE FUNDS FROM CDBG PROGRAM (PROJECT 707210).
(B)Cag4ISSIONER GORT QUESTIONS WHY THE CITY GETS SO FEW RESPONSES TO ITS
RFPs -- REQUESTS ADMINISTRATION TO REVIEW BID PROCEDURES.
Mayor Clark: Item number 19. Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: What kind of window costs that kind of money?
Mr. Odio: Yes, this was deferred once before. This is... Go ahead. It's
special windows.
Mr. Frank Castaneda: Right. Frank Castaneda, I'm director of Community
Development. These are for 51 French windows at the Manuel Artime Comunity
Center. They are not custom made, they are just regular aluminum windows.
And the windows at the Artime Center are fairly large. We have a lot of water
intrusion going into the place.
Mayor Clark: We realize that, but whose company is... Is it one bidder or
what?
Mr. Cast neda: The lowest bidder was J.R. Builders Inc, and he's Hispanic,
and he's a local firm.
Mayor Clark: Well, what were the other bidders you got?
Mr. Castaneda: The other bidder was HOM Construction Corporation, and the
other bidder was... There were only two bidders.
Commissioner Plummer: Mr. Mayor, may I? Mr. Mayor, you are paying right now
approximately $600,000 of subsidy to maintain this on an annual basis. I
assure you that the prices they have told you are the lowest bid for this
quality of windows.
Mayor Clark: $1,300 a pop.
Commissioner Plummer: Sir, what I was going to say is, you could put in a lot
cheaper windows, gave the same protection, but it's... You know, it's like
they had to have in this facility - they couldn't satisfy with a piano, they
had to have a baby grand piano.
106 January 13, 1994
Mr. Odio: No, the problem is, Commissioner...
Commissioner Plummer: $75, 000.
Mr. Odio: May I? The problem is Commissioner, Mr. Mayor, that the casing is
also rotted through. This is window plus the encasing of those windows. You
have to remove all the framing and put new framing and windows. The French
window doesn't cost less or more than any regular other pane windows. It's
the work that has to be done there that you have to remove that framing.
Mayor Clark: It's the old Riverside Baptist Church.
Commissioner Plummer: Yeah. We paid a million dollars for it, and, boy, did
we get taken.
Mr. Odio: We have also overhauled the place with - rebuilt the place with the
State moneys, and this is one of the last things that we need to do to make
it...
Mayor Clark: Get any FEMA (Federal Emergency Management Agency) for this?
Mr. Odio: No, sir. We... What we had was State grants. That whole building
has been rebuilt with State grants.
Commissioner Plummer: $640,000 a year subsidy.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: I have a question, and I have been looking at the consent
agenda, and I've looked in some of the bids that we go out for, where we got
172 vendors and only two people respond. And, all of the others they look
very similar. We got 100 vendors or 200 vendors, and only one or two people
respond. Are we... Do we pay bad, or what is it that's wrong with us that
people do not respond to our RFPs (Request for Proposals)? You know I have to
ask this being the new guy here.
Mr. Odio: We have a list of bidders, and we send the information out on time.
The problem is that doing business with the City costs money. If you are a
small business, and you don't have the cash flow, it takes 90 days to get paid
by the City or so, and so they don't want to take the chance.
Commissioner Plummer: Well, may I speak to Mr. Gort, and of course the
Administration disagrees.
Mr. Odio: Well, you have to...
Commissioner Plummer: But, I always tell you the story very simply. The City
put out a bid for motorcycles. My friend called me and he said, "You insult
me." I said, "Why?" He said, "You sent me a bid to bid on motorcycles for
the Police Department in the City of Miami, but you sent me the specs out of
the back of the Harley book. I sell Kawasakis. I can't even bid. Why did
you send me the bid?" It's not necessarily - and I've said this time and time
107 January 13, 1994
again - it's not the way we are doing it, it's what we are putting into this
bids. You know, you can go overboard on a bid, you can go underboard . Go
i talk, Mr. Gort, as I did when I raised the same question that you did, to some
of the reasons why people don't bid. And, you'll get all kinds of answers.
They don't get paid on time. It's unreasonable, the bidding procedure. They
don't understand what they are trying to get for. You know, go read the
bidding procedure on uniforms for the Police Department...
Mr. Odio: I have here...
Commissioner Plummer: ...double stitching.
Mr. Odio: In this particular instance, IaTartec Engineering, "not in our work
scope;" Kalex Construction, "not enough time to respond;" Lancewood
Construction, no bid - no reason; Reycon Construction, "work schedule won't
permit bidding." I mean, they do come back saying why not.
Mayor Clark: OK. All right. Now that's... Please, let's move forward.
Commissioner Plummer: May I ask one question?
Mayor Clark: Yes, sir.
Commissioner Plummer: How many times was it used last year? I mean, should
we consider, actually consider, closing the facility? Everybody that's there
in the building is rent free. Now, if the building is not being used, I think
somebody has got to ask the question, why are we putting subsidy of $600,000?
Mr. Castaneda: Well, the theater is used, and it doesn't pay to support
itself. But, it's a local theater...
Commissioner Plummer: What are we going to do when you open up the Tower
Theater, which is estimated to be not only almost two million dollars of cost,
but $500,000 of subsidy?
Mr. Odio: I will say this, that the Artime Center provides a unique
opportunity for community groups to use that theater and participate there.
We have a social responsibility...
Mayor Clark: I think so.
Mr. Odio: ...and we are doing that.
Commissioner Plummer: Well, let me also tell you this, Mr. Manager...
Mr. Odio: Not all of our buildings should have a profit.
Mayor Clark: All right, fine.
Commissioner Plummer: We are going to have a small amphitheater, Mr. Mayor,
in the south end of the park which will be for community oriented and which
maybe we'll give you the opportunity to close Artime and save $700,000 a year.
Mayor Clark: OK. All right, the motion on the item? On the windows, that's
what we are after.
108 January 13, 1994
ram;.
Commissioner Plummer: The only motion I'll make is to deny.
Mayor Clark: What's the pleasure of the Commission?
Commissioner De Yurre: I move it.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second with the understanding that I was told by
staff that the cost of the window is not the whole thing. It's the repair and
preparing the building. I think you should state that so we can have that
information, because that looks kind of bad when you tell them you are paying
that much for windows, and you are not adding the other work that goes along
with it.
Mayor Clark: Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): It's a resolution, Mr. Mayor.
Mayor Clark: No, I know. But, we got some dissension here.
Ms. Hirai: All right.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 94-23
J A RESOLUTION ACCEPTING THE BID OF JR BUILDERS, INC.
FOR THE FURNISHING OF FIFTY-ONE (51) FRENCH WINDOWS TO
BE INSTALLED AT MANUEL ARTIME CCM]NITY CENTER FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT IN A PROPOSED
AMOUNT OF $65,960.00, WITH OPTION #2 FOR DOUBLE PANE
INSULATED GLASS AT AN ADDITIONAL $3,200.00 FOR A TOTAL
PROPOSED COST OF $69,160.00; ALLOCATING FUNDS THEREFOR
FROM COK4UNITY DEVELOPMENT BLOCK GRANT PROGRAM,
PROJECT NO. 707210, INDEX CODE NO. 451892-860;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
109 January 13, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner J.L. Plummer
ABSENT: None.
Mayor Clark: When I see a little dissension, Madam Clerk, I'm going to do
that.
------------------------------------------------------------------------------
34. BRIEFLY DISCUSS AMID TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE CITY MANAGER TO ENTER INTO AN INI'GRLACAL
AGREEMENT WITH METROPOLITAN DADE CAT M, WHEREBY DADE COUNTY WILL MCAM
CONSULTANT.' SERVICES TO PREPARE GRANT APPLICATIONS FOR SUBMISSION TO THE
U.S. GOVERNMENT UNDER THE EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
PROGRAM -- ALLOCATE $100,000 FROM CDBG 19TH YEAR GRANT ADMINISTRATION
(PROJECT 799302). (See label 51).
Mayor Clark: On item number 20, that's postponed until this afternoon. What
time, because Jim Burke...
Mr. Cesar Odiio (City Manager): Commissioner Burke will be here at 3:00, sir.
Mayor Clark: At 3:00?
Mr. Odio: Yes, sir.
Mayor Clark: That will be heard at 3:00.
Commissioner De Yurre: And, Mr. Mayor, I'd like to see a list of who the
consultants are...
Commissioner Plummer: Yes, so would I.
Commissioner De Yurre: Or if we are going to have a say before it's approved
because I have no idea who are going to be the consultants on this matter.
Mayor Clark: On this item?
Commissioner De Yurre: Yes, sir.
Mayor Clark: All right.
Commissioner Plummer: Oh, I got some ideas who ain't.
110 January 13, 1994
Commissioner De Yurre: You got what?
NOTE FOR THE RECORD: At this point, agenda items 21
and 22 were withdrawn.
------------------------------------------------------------- -----------------
35. ACCEPT BID: HORIZON CON.PRACIORS, INC. ($374,011.50, TOTAL BID OF
PROPOSAL) -- FOR AL.LAPA`ITAH C.D. STREET IMPROVEMENT - PHASE V, B-4552 --
ALLOCATE FUNDS (CIP 341181) -- EXECUTE CONTRACT.
Mayor Clark: Please, now. Just a moment, where are we, Mr. Manager?
Cc mi.ssioner Plummer: Twenty-five.
j Mr. Odio: We are on 25, sir.
Mayor Clark: Resolution to contract Allapattah C.D. Street Improvement. Mr.
Dawkins. Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: With no exception, this is a resolution. Cast a unanimous
ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-24
A RESOLUTION ACCEPTING THE BID OF HORIZON COMRACTORS,
INC., IN A PROPOSED AMOUNT NOT TO EXCEED $374,011.50,
TOTAL BID OF THE PROPOSAL, FOR ALLAPATrAH C.D. STREET
IMPROVEMENT - PHASE V, B-4552; AU DCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 1991-92 CAPITAL
IMPROVEMENT ORDINANCE NO. 10938, AS AMUMED, PROJECT
NO. 341181, IN THE AMOUNT OF $374,011.50 TO COVER THE
CONTRACT COST AND $72,560.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $446,571.50;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
ill January 13, 1994
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
36. ACCEPT BID: MARTIN VILA. AND ASSOCIATES, INC. ($235,911, TOTAL BID OF
PROPOSAL) -- FOR MODEL CITIES C.D. STREET IMPROVIIMERr - PHASE VII, B-
4554 -- AUOC.ATE FUNDS (CIP 341179 ) -- KKECUIE CONTRACT.
Mayor Clark: Next item, 26.
Commissioner Plummer: That's withdrawn.
Mayor Clark: Withdrawn. Twenty-seven, contract Model Cities, moved. Second.
Commissioner Plummer: Question.
Mayor Clark: Yes.
Commissioner Plummer: Twenty-seven and 28 are the same contractor.
Mr. Jim Kay: Yes, sir.
Mayor Clark: That's good.
Commissioner Plummer: Haw come?
Mr. Kay: He was the low bidder, M. Vila and Associates.
Comeni.ssioner Plummer: Are they a City of Miami vendor?
Mr. Kay: His offices are in Hialeah.
j Commissioner Plummer: And haw many bids did we receive on 27 or 28?
Mr. Kay: On 27, we received two bids. On 28 we actually only received one
bid. We had... What happened was there were two envelopes submitted, and the
second envelope from the other bidder, he wrote "no bid" on it. So, in
actuality, only one bid was received.
112 January 13, 1994
Commissioner Plummer: Well, how do I know that from what you've given me here
on 27?
Mr. Kay: On 287
Commissioner Plummer: On 27?
Mr. Kay: Twenty-seven is fine. We received three bids on that.
i
Commissioner Plummer: You know, Mr. Gort's question. Here we have over a
million dollars worth of work. Horizons has got item 25. TWenty-seven and 28
is M. Vila's, and we only have two bids. You know something...
Mr. Cesar Odio (City Manager): Sir, we sent out 260 invitations. We sent out
260 invitations.
Commissioner Plummer: Well, I tell you something has got to be wrong, Mr.
Manager. I've said that before. It's just... I can't believe that the
people are so fat in this town that they can't bid for a million dollars worth
of work.
Mayor Clark: All right on the motion, number 27, 28. Twenty-seven. Is there
a motion?
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second? Recommended by the Manager. Is there a
second.
Commissioner Plummer: I'll second it, Mr. Mayor.
Mayor Clark: Any exception?
Commissioner Plummer: We have no choice, I mean, you know, what are you going
to do?
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
113 January 13, 1994
4
i
I
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 94-25
A RESOLUTION ACCEPTING THE BID OF MARTIN VILA AND
ASSOCIATES, INC., IN A PROPOSED AMWNT NOT TO EXCEED
$235,911, TOTAL BID OF THE PROPOSAL, FOR M(JDEL CITIES
C.D. STREET IMP'NT - PHASE VII, B-4554;
ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, AS AMENDED,
PROJECT NO. 341179, IN THE AMOUNT OF $235,911.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
COST OF $280,493.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
37. ACCEPT BID: M. VILA & ASSOCIATES ($169,000, TOTAL BID OF PROPOSAL) FOR DESIGN BUILD BOBBY MADURO PARKING LOT (2ND BIDDING), H-1035 --
ALLOCATE FUNDS FROM F.E.M.A. REDSURSENIENT PROJECT 403906 -- EXECUTE
! CONTRACT.
Mayor Clark: Twenty-eight.
Commissioner De Yurre: Move it.
Commissioner Plumper: Well, here is M. Vila again. Only two bidders for
$169,000 worth of work.
Mayor Clark: Is there a second to it? You second it, J.L.?
Commissioner Plummer: Yeah, fine.
Mayor Clark.: If no exception, Madam Clerk, cast in a unanimous ballot.
114 January 13, 1994
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOUITION NO. 94-26
A RESOUITION ACCEPTING THE BID OF VILA &
ASSOCIATES, IN A PROPOSED AMXW NOT TO EXCEED
$169,000.00, TOTAL BID OF THE PROPOSAL, FOR DESIGN
BUILD BOBBY MACURO PARKING LOT (2ND BIDDING), H-1035;
ALLOCATING FUNDS THEREFOR FROM F.E.M.A. REIMBURSEMENT'
PROJECT NO. 403906 IN THE AMOUNT' OF $169,000.00 TO
COVER THE CONrRACI' COST AND $18,757.00 TO COVER THE
EST?.MATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$187,757.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
38. AUTHORIZE ANNUAL PURCHASE OF ASPHALTIC CONCRETE ON AS -NEEDED BASIS (FOR
DEPARTMENT' OF PUBLIC WORKS) FROM SUPPLIERS UNDER EFFECTIVE CONrRACr WITH
METROPOLITAN DADE CaRUY (TOTAL COST NOT TO EXCEED $150,000 ANNUALLY).
------------------------------------------------------------------------------
Mayor Clark: Number 29. Asphalt suppliers as of the contract with the
i
County.
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: No exception, cast a unanimous ballot.
115 January 13, 1994
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLxTTION NO. 94-27
A RESOLiTrION AUTHORIZING THE ANNUAL PURCHASE OF
ASPHALTIC CONCRETE ON AN AS -NEEDED BASIS FOR THE
DEPAIM = OF PUBLIC WORKS FROM THOSE SUPPLIERS UNDER
EFFECTIVE CONTRACT WITH METROPOLITAN DADE COUNTY, AT A
TOTAL COST NOT TO EXCEED $150,000 ANNUALLY;
AUTHORIZING THE ALLOCATION OF FUNDS ON AN ANNUAL BASIS
FROM GAS TAX FUNDS AND/OR FROM THE OPERATING BUDGET OF
PUBLIC WORKS FOR SAID PURCHASE OF ASPHALT; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CITY'S CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ASPHALTIC CONCRETE, SUBJECT M 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 Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
39. AUTHORIZE / PERMIT JETRO CASH AND CARRY ENTERPRISES OF FLORIDA, INC. TO
CONSTRUCT / MAINTAIN A PEDESTRIAN WALKWAY CANOPY OVER AMID ACROSS PUBLIC
UTILITY EASEMENT EAST OF N.W. 12 AVENUE, BETWEEN TWO SEPARATE BUILDINGS,
AT 2041 N.W. 12 AVENUE -- CONDITIONED UPON APPLICANT EXECUTING A
COVENANT TO INDEMNIFY IN FAVOR OF THE CITY, WITH PROVISOS.
Mayor Clark: Number 30.
Commissioner De Yurre: Moved.
Mayor Clark: Pedestrian walkway canopy. Wait a minute we had that discussion
this morning, didn't we?
Commissioner Plummer: On what?
Mr. Cesar Odio (City Manager): Sir, this was on the Omni. This is a separate
one.
116 January 13, 1994
Commissioner Gort: This is a separate one.
Mayor Clark: OK.
Canm.issioner Gort: I think Commissioner Miller mentioned something on that.
Mayor Clark: Motion and a second. With no exception, cast a unanimous
ballot.
Comissioner Plumper: This is on 30?
Mayor Clark: Yes, sir.
CcMissioner Plummer: Just for the record, let the record reflect that we
closed the street for their benefit previous to this, and I take heed of the
compients made by my colleague, Mr. Dawkins, that these people need to
understand that cooperation is a two-way street. I think you ought to infer
that to them.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 94-28
A RESOLUTION AU.HORIZING AMID PERMITTING JETRO CASH AND
CARRY ENTERPRISES OF FLORIDA, INC. (OWNER) TO CONSTRUCT
AND MAINTAIN A PEDESTRIAN WALKWAY CANOPY ("CANOPY") OVER
AMID ACROSS THE PUBLIC UTILITY EASEMENT EAST OF NORTHWEST
12TH AVENUE, BETWEEN TWO SEPARATE BUILDINGS, LOCATED AT
2041 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, APPROXIMATELY
335 FEET NORTH OF N.W. 20TH STREET, WITH A MINIMUM
CLEARANCE OF 16.0 FEET ABOVE THE SURFACE OF THE PUBLIC
UTILITY EASEMENT, CONDITIONED UPON THE APPLICANT EXECUTING
A COVENANT TO INDEMNIFY IN FAVOR OF THE CITY; PROVIDING
FOR A PROCEDURE FOR THE REMOVAL OF THE CANOPY UPON FAILURE
OF OWNER TO MAINTAIN IT; AND FURTHER PROVIDING FOR
REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION
OF THE CANOPY.
117 January 13, 1994
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
40. DISCUSSION CONCERNING APPOINIMERr OF PUBLIC MEMBERS TO THE CIVIL SERVICE
BOARD. (See labels 42 & 46)
------------------------------------------------------------------------------
Mayor Clark: All right we have number 31. Do you want to work on this or
come back at 2:30? All right.
Commissioner Plummer: Are we on 31, I'll... Are you ready?
Mayor Clark: Yeah.
Commissioner Plummer: I'll move Mr. Jerry Silverman be reappointed.
Vice Mayor Dawkins: I move Mr. George Adams be reappointed.
Commissioner De Yurre: I move that Thomas G. Humphries be appointed.
Commissioner Gort: Excuse me, can somebody explain to me the procedure in
this one, being the new guy.
Commissioner De Yurre: Oh, you are too late now. You should have gotten it
in before.
Mayor Clark: Yeah, I'm going to move that we withdraw this item from the
agenda. See where I get then.
Commissioner Gort: Well, before...
Mayor Clark: No, I won't do that.
Comdssioner Gort: Mr. Mayor, could you explain to me how this works?
Commissioner De Yurre: Well, there is a history here, for example, this is my
seventh year, and I've yet to get any of my nominees appointed. And somewhere
along the line...
118 January 13, 1994
Commissioner Plummer: There is a reason for that, Victor, I mean...
Commissioner Gort: Excuse me, you mean, everyone of us can put up a name for
ncmination and then we'll vote on it?
Commissioner De Yurre: Yeah. We can put up a name, and if there is more than
three then we go to the ballots.
Commissioner Gort: I understand they got to get three.
Commissioner Plummer: The top three voters get it.
Commissioner Gort: In other words, I can make a nomination?
Commissioner Planner: Sure, sure.
Commissioner Gort: OK. I would like to nominate Rita Suarez.
Mayor Clark: All right.
Commissioner De Yurre: I thought we got rid of them? They are coming back?
i
Commissioner Gort: I beg your pardon?
Commissioner De Yurre: They are caning back.
Commissioner Plummer: He's running for Mayor.
Commissioner De Yurre: OK, then we have to go to the ballot procedure.
Commissioner Plummer: So, we put three names down on a piece of paper, and
turn them over to the Clerk.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: You have ballots in here, by the way.
Commissioner De Yurre: Yeah.
Commissioner Gort: How does this work, now?
Commissioner Plummer: You put down three names. This is ballot number one.
Who ever gets... Well, no, the top. The one that gets... the top three
voters.
Canmi.ssioner De Yurre: Yeah. So, we have to vote for three, we have to name
three.
Commissioner Plummer: Right.
Mr. Cesar Odio (City Manager) : I mean, each one has to get three votes, I
suppose, no?
119 January 13, 1994
K
Commissioner De Yurre: Well, do we have to vote for three? If we only vote
for one and start playing games.
i
Commissioner Plummer: No, you vote for three.
Ccmmissioner Gort: No, you vote for three.
Commissioner De Yurre: And then we add it up, OK. Ballot number one.
Commissioner Plummer: Mr. Mayor, you want to go on to the next while they are
tabulating that?
Mayor Clark: Well, we got five minutes, let's see. No, let's not go any
farther, that's enough. We can call it quits here.
------------------------------------------------------------------------------
41. DISCUSSION CONCERNING APPOINIMERI'S M THE CODE ENFORCE M BOARD. (See
label 48)
Commissioner De Yurre: Mr. Mayor, while we are waiting for the result, Code
Enforcement Board has a tremendous problem that they have yet to have a quorum
in the last three meetings. And I have an appointment if I can just appoint
somebody right now, which would be Jimmy Morales, to that board.
Commissioner Plummer: Oh, is that an emergency measure?
Ccarmi.ssioner De Yurre: It is, because they don't have a quorum.
Commissioner Plummer: It's a unanimous vote after 8 o'clock at night.
Commissioner Gort: My understanding is that it's going to be on the 27th
agenda, is my understanding.
Ccmmissioner Plummer: Well, if they can't get a quorum, I think... I'm
kidding around, I think it definitely...
Vice Mayor Dawkins: And I'm going to appoint Henry Crespo, so that I know
that out of the two we'll have a quorum.
Commissioner De Yurre: OK.
Mayor Clark: Where do we get... I mean, where is this on the agenda?
Commissioner De Yurre: No, it's not, but it's... Write it down and when we
come back we'll do this.
Commissioner Plummer: OK, sure.
Commissioner De Yurre: We'll do it later, that's fine.
120 January 13, 1994
k<`
Commissioner Plummer: Can I ask when we come back and do this, Mr. Mayor,
that I'd like to know if my appointees are attending regularly? I think mine
is, who is Jack Topley.
Vice Mayor Dawkins: Well, we'll have to wait till the next meeting.
Commissioner Plummer: But, I'd like to know if they are not. I'll take them
off.
Mayor Clark: All right. Show us, while they are tabulating this, show us
adjourned till 2:30, Madam Clerk.
Ms. Matty Hirai (City Clerk): Yes, sir.
------------------------------------------------------------------------------
42. CAST BALUOâ–ºM FOR APPOINTMENTS TO CIVIL SERVICE BOARD. (See labels 40 &
46)
------------------------------------------------------------------------------
Ms. Matty Hirai (City Clerk): There were four nominations, George ,Adams, Mr.
Silverman, Mr. Humphries and Rita Suarez. Out of the four, Mr. Silverman got
five votes, Rita Suarez got four votes, and Mr. Adams and Humphries got three
votes each. So, there is a tie between Mr. Adams and Humphries, and two of
them are selected: Mr. Silverman and Rita Suarez with five and four votes
I respectively.
Commissioner Plummer: We'll do it at 2:30?
Ms. Hirai: Yes, sir, when we come back then we'll... 2:30. Yes, sir.
Commissioner Plummier: Something is wrong here. Three of us voted for Adams.
Ms. Hirai: Yes. And he got three. He got three votes. George Adams and
Humphries got three votes each. Yes, absolutely.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:00 NOON AND RECONVERTED AT 2:38 P.M., WITH
COMMISSIONER GORT AND COMMISSIONER DE YURRE FOUND TO
BE ABSENT.
------------------------------------------------------------------------------
43. DISCUSSION CONCERNING LETTER FROM THE MANAGINC= 1.7PITY (FLAG ER STREET
ASSOCIATES) OF THE SEYBOLD BUILDING, EXPRESSING ITS DISCONTENT WITH THE
DO MOWN DEVELOPMENT AUTHORITY -- DIRECT CITY MANAGER TO INVITE A
REPRESENTATIVE OF FLAGLER STREET ASSOCIATES TO ATTEND A CITY COMMISSION
MEETING.
Commissioner Plummer: Mr. Mayor, Mr. Mayor, while we are waiting for others,
I passed out to all of you this morning, for informational purposes, this
letter from the Seybold Building. Mr. Dawkins.
121 January 13, 1994
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: Obviously the Seybold Building has a problem with
certain people at DDA (Downtown Development Authority). And the Manager went
down and tried to save these people fran leaving the City of Miami. I think
we need to send a message to these people that we would like to talk with
them, we the Commission, because it is a 200 million dollar business that is
threatening to go to Fort Lauderdale. And here again, for the second time,
they are saying that they have a problem with the DDA. I tried to straighten
it out, and, once again, it's gone awry. And this is a 200 million dollar
business.
Vice Mayor Dawkins: That's the...
Commissioner Plummer: Mr. Mayor, with your permission, I would like to have
the Manager invite them to cane to the City Commission and see what we can do
to try to save this business from going to Fort Lauderdale.
Mayor Clark: Excellent idea. Excellent idea.
Vice Mayor Dawkins: That's the diamond...
Commissioner Plummer: This is the diamond brokers, yes, sir.
Vice Mayor Dawkins: OK, OK, well, we definitely need to do something, Mr.
Mayor.
Carmissioner Plummer: Because if not they are definitely going.
------------------------------------------------------------------------------
44. CONFIRM ELECTED E PLOyEE MEMRS TO SERVE ON THE CIVIL SERVICE BOARD.
(Confirmed were: Louis Kickasola and Orlando Llamas.)
------------------------------------------------------------------------------
Mayor Clark: All right, where were we?
Commissioner Plummer: I think we are on 32, Mr. Mayor. Thirty-one.
Vice Mayor Dawkins: We'll have to wait till...
Mayor Clark: Where is Willy?
CO missioner Plummer: Well, 32 we can handle without any question, I believe,
because that's normal standard procedure. Who are the two names?
Vice Mayor Dawkins: So moved.
Mr. Cesar Odio (City Manager): Louis Kickasola and Orlando Llamas.
Commissioner Plummer: I'll second the motion.
122 January 13, 1994
Vice Mayor Dawkins: Thirty-two. The General and Sanitation Employees, they
` select their own.
1
Mr. Odio: They voted on...
Vice Mayor Dawkins: Who?
Mr. Odio: They elected Louis Kickasola...
Commissioner Plummer: From the Fire Department.
Mr. Odio: And Orlando Llamas.
Commissioner Plummer: Police and Fire rotate each time. One year it's Fire
Department, the next year the Police don't argue with them. Two years the
Fire Department is there, then two years the Police. And they rotate them
back and forth.
NOTE FOR THE RECORD: Commissioner Gort and
Commissioner De Yurre entered the meeting at 2:39 p.m.
Vice Mayor Dawkins: We got for a quorum. I so move.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: We are on 32?
Commissioner Plummer: Item 32. It's the employees...
Commissioner Plummer: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-29
A RESOLUTION CONFIRMING TWO ELECTED T ED EMPLOYEE MEMBERS
TO SERVE ON THE CIVIL SERVICE BOARD OF THE CITY OF
MIAMI, FLORIDA, FOR A TERM AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
123 January 13, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
45. APPOINT / CONFIRM INDIVIDUALS AS MEMBERS TO THE CITY OF MIAMI GENERAL
EMPLOYEES' AMID SANITATION EMPLAYEES' RETIRIIMENT TRUST. (Reappointed
were: Hector Serrano and Ron Thompkins; confirmed were: William [Jack]
Rabun and Krista Woods.)
i
------------------------------------------------------------------------------
{ Mayor Clark: Thirty-three.
Commissioner Plummer: Miami General Employees and Sanitation Retirement
Trust, the names that are proffered...
Vice Mayor Dawkins: Hector Serrano, and Ron Thompkins, Krista Woods.
Commissioner Plummer: I so move.
Mayor Clark: Is there a second?
A. Quinn Jones III, Esq. (City Attorney): Excuse me, Mr. Mayor, before...
there is one correction on the resolution as it reads.
Commissioner Gort: What item are we on?
Commissioner Plummer: Thirty-three.
Mr. Jones: Thirty-three. As it reads in the resolution in your package it
has an expiration... a term, expiration of the term expiring September 30th of
1998. It should be November 30th of 1995. And I just want the record to
reflect that.
Mayor Clark: All right, Mr. Cox, you have something to say?
Mr. Charlie Cox: No, that's correct. It's a two-year term.
Mayor Clark: That's correct. Two nominees you nominated, J.L.?
Commissioner Plummer: Yes, sir.
124 January 13, 1994
Mayor Clark: Is there a second?
Commissioner Plummer: Yes, sir.
Mayor Clark: With no exception, cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-30
A RESOLUTION (being drafted by the Law Department.)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSEW: None.
------------------------------------------------------------------------------
46. (Continued discussion) APPOINT' PUBLIC MEMBERS TO THE CIVIL SERVICE
BOARD. (Appointed were: Gerald Silverman, Rita Suarez, and George H.
Adams.) (See labels 40 & 42)
------------------------------------------------------------------------------
Mayor Clark: Let's go back to the one before. Let's sign the card again for
names on...
Commissioner Plummer: I don't think we have to put it on a piece of paper. I
vote for Mr. Adams.
125 January 13, 1994
Mayor Clark: Is there a second?
Vice Mayor Dawkins: I second George Adams.
Mayor Clark: Without question a unanimous vote, Madam Clerk.
Commissioner De Yurre: I had my nominee that I have to stick to him, which is
Mr. Humphries, but I have no problem with Mr. Adams. I just... I'm committed
to Mr. Humphries. I think he's a fine individual, so I got to stick with him.
Vice Mayor Dawkins: So, we got four to one.
Mr. Manuel Gonzalez-Goenaga: May I be recognized to make a comment about Mr.
Adams.
Mayor Clark: No, sir, not now.
Mr. Gonzalez-Goenaga: I'm sorry.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-31
A RESOLUTION APPOINTING THREE PUBLIC MEMBERS TO THE
CIVIL SERVICE BOARD OF THE CITY OF MUM, FLORIDA TO
SERVE A TERM AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner Victor De Yurre
ABSENT: None.
------------------------------------------------------------------------------
47.(A)APPOINT / REAPPOINT INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING
ADVISORY BOARD. (Appointed was: Brian Flynn Geenty; reappointed were:
Carlos J. Arboleya, Jr., and Pedro Alicio Lopez; pending still are two
appointments.)
(B)APPOINT / REAPPOINT INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING BOARD.
(Appointed were: Henry Crespo and Ileana Hernandez; reappointed was:
Lorenzo Lorenzo-Luaces; pending still is one appointment.)
------------------------------------------------------------------------------
Mayor Clark: All right, item 34.
Cammissioner Plummer: General Employees and Sanitation is...
Vice Mayor Dawkins: No, 34.
Commissioner Plummer: No, we did 33.
Vice Mayor Dawkins: Planning Advisory Board.
i
Ms. Matty Hirai (City Clerk): Planning Advisory Board.
Cammissioner Plummer: We are on 34. Who are the two on 34?
Mayor Clark: How does this break down? Let's...
Mr. Cesar Odio (City Manager): You need four regular members to serve, and it
should be nominated by Vice Mayor Dawkins, Commissioner Victor De Yurre,
Commissioner Gort, and Commissioner Plummer, Jr.
Cammissioner Plummer: Wait on 34?
Mr. Odio: You need one appointment to fill the remaining...
Mr. Sergio Rodriguez (Assistant City Manager): On number 34...
Mayor Clark: Please naw, one at a time.
Mr. Odio: Yeah, go ahead.
Mr. Rodriguez: You need one appointment.
Mayor Clark: We have one appointment on the Planning Advisory Board?
Mr. Rodriguez: The Planning Advisory Board, there is an appointment by
Commissioner De Yurre, two by Commissioner Plummer, one by Commissioner
Dawkins, and one by Commissioner Gort.
Commissioner Plummer: I, for the record...
Mayor Clark: Well, what happened to the Mayor?
127 January 13, 1994
Mr. Rodriguez: In this one you do not have any appointment. You have it in
the Zoning Board. These are the terms that expired on December 31st.
Commissioner Plummer: You know, my problem is that my appointments don't last
that long. One of my appointments was Willy Gort. They just don't last that
long any more.
Mayor Clark: All right, now, Joe, Mr. Plummer, what's your appointment?
Commissioner Plummer: Mr. Mayor, I will defer my two appointments till the
next meeting. All right. Mr. Dawkins.
i Vice Mayor Dawkins: I'll appoint Henry Crespo, 219 N.W. 14th Terrace.
Mayor Clark: All right, Mr. De Yurre.
Commissioner De Yurre: Carlos Arboleya, Jr., reappointed.
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: I'd like to maintain Pedro Lopez.
Commissioner Plummer: Who?
Commissioner Gort: Pedro Alicio Lopez.
Commissioner Plummer: Lopez.
Mayor Clark: OK. There is a motion and a second on those items. Madam
Clerk, hearing no exceptions cast a unanimous ballot.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 94-32
A RESOLITrION APPOINTING INDIVIDUALS AS REGULAR MEMBERS
OF THE PLANNING ADVISORY 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.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
128 January 13, 1994
Mayor Clark: On the Zoning Board.
Mr. Rodriguez: Mr. Mayor, on the Zoning Board, there are four appointments,
one by Mayor Clark, and one by Commissioner De Yurre, one by Commissioner
Gort, and one by Vice Mayor Dawkins.
Vice Mayor Dawkins: One by who?
Mr. Rodriguez: By you, sir.
Commissioner De Yurre: I appoint Gary Carmen.
Mayor Clark: Jerry Carter.
Commissioner De Yurre: Carmen, C-A-R-M-E-N.
Mayor Clark: Jerry Carmen, I move Lorenzo Luaces.
Commissioner Plummer: Willy, you got someone?
Mr. Rodriguez: Mr. Mayor.
Mayor Clark: Yes.
Mr. Rodriguez: Commissioner De Yurre, your appointment is not among the
people.
Commissioner De Yurre: So then I will...
Mr. Rodriguez: We have to re -advertise.
Commissioner De Yurre: ...defer. Re -advertise so that they can apply.
Mr. Rodriguez: OK.
Vice Mayor Dawkins: Quinton Hedgepeth, is he attending meetings?
Mr. Rodriguez: Yes, he is.
Vice Mayor Dawkins: I reappoint him.
Mayor Clark: No, that's on the Planning Advisory Board.
i
Vice Mayor Dawkins: Yeah, Planning. That's where they are now, Mr. Mayor.
Mr. Rodriguez: No, this is on the Zoning Board.
Vice Mayor Dawkins: Oh, Zoning, I put Henry Crespo on the Zoning.
Mr. Rodriguez: On the Planning Advisory Board, Commissioner Dawkins, you
appointed Mr. Crespo, I believe. And in the Zoning Board, are you appointing
Mr. Hedgepeth?
129 January 13, 1994
Vice Mayor Dawkins: No.
Mr. Rodriguez: Reverse?
Vice Mayor Dawkins: The reverse.
Mr. Rodriguez: OK.
Mayor Clark: All right, who's appointed... Whose nominees are on the Zoning
Board now?
Mr. Rodriguez: The appointments are to be made by Commissioner Dawkins, by
Commissioner Gort, by you, Mayor, and by Commissioner De Yurre.
Mayor Clark: Mr. De Yurre, do you have an appointment?
Commissioner De Yurre: I have an appointment, but he needs to file his
application. So, we need to extend the process so that he can get the
application in on time.
Mayor Clark: So, my nominee would be Lorenzo Luaces, and how about... Is
that the last of the of it, then?
Mr. Rodriguez: No, you have Gort and Dawkins.
Commissioner Plummer: No, I've got one, Mr. Mayor. And I'm trying to find
the name back on the Planning. Where the hell is it? It is right here, it's
the first... Bryan Flynn Geenty. That's for Planning, that takes the place
of Wifredo Gort who chickened out and didn't want to serve out his term.
Mayor Clark: All right.
Vice Mayor Dawkins: Now, you have everybody now, Mr. Rodriguez.
Mr. Rodriguez: No.
Commissioner Gort: I need my appointee for the Zoning.
Vice Mayor Dawkins: For the Zoning.
Commissioner Gort: Ileana Hernandez.
Vice Mayor Dawkins: OK.
COMMissioner Plummer: That... Sergio, that leaves me with one yet to be on
Planning, correct?
Mr. Rodriguez: Right.
Commissioner Plummer: The one I just gave you, Geenty, replaces Willy.
Mr. Rodriguez: Right.
130 January 13, 1994
Commissioner Plummer: And then I have one left
for the next meeting.
Mr. Rodriguez: Right.
Commissioner Plummer: OK, thank you.
Mr. Rodriguez: Yes, sir.
Vice Mayor Dawkins: You have two for me, one for the Zoning and one from the
Planning.
Mr. Rodriguez: Yes, sir.
Vice Mayor Dawkins: OK, thank you.
Mayor Clark: I have one on the Zoning Board,
and that is Mr. Luaces. And
Commissioner De Yurre is filing an application.
Mr. Rodriguez: Right.
Mayor Clark: So, who will be on the... Who
are the members on the Zoning
Board?
Commissioner Plummer: Wait a minute, who did
you put on there, excuse me,
Victor?
Commissioner De Yurre: I am going to put Gary Carmen, an attorney.
Commissioner Plummer: On the Zoning Board?
Commissioner De Yurre: On the Zoning Board, as
soon as he applies.
Commissioner Plummer: Good.
Mayor Clark: OK. Good man. You have it now?
Mr. Rodriguez: Yes, we have everybody, sir.
Mayor Clark: With those, Madam Clerk, cast
a unanimous ballot for those
appointees.
The following resolution was introduced by Canmissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-33
A RESOLUTION APPOINTING INDIVIDUALS AS REGULAR MEMBERS
OF THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA, ZED
SERVE TERMS 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 Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
----------------------------- -------------------------------------------------
48.(A)(Continued discussion) APPOINT INDIVIDUALS AS MEMBERS OF THE CODE
ENFORCEMENT BOARD. (Appointed were: Jimmy Morales, Danny Couch and Ann
Carlton.) (See label 41)
(B)REAPPOINT INDIVIDUALS AS MEMBERS OF THE MUM SPORTS AND EXHIBITION
AUTHORITY BOARD. (Reappointed were: Robert Ratiner and Stephen Nuell.)
Mayor Clark: Now...
Commissioner De Yurre: Mr. Mayor, can we just go ahead and, even though it's
not on the agenda, just appoint for the Code Enforcement Board since we are on
boards right now?
Mayor Clark: As far as I'm concerned.
Commissioner De Yurre: OK. I'll just... I'll appoint Jimmy Morales to the
Code Enforcement Board.
Mayor Clark: How many appointments are there there, Mr. De Yurre?
Commissioner De Yurre: Well, I have one. Willy Gort, Commissioner Gort has
two. Miller has one. And you, Mr. Mayor, have one.
Commissioner Plummer: I don't think I have one. I've got Topley and scene
other "yo-yo."
132 January 13, 1994
Mr. Sergio Rodriguez (Assistant City Manager): No, you have Topley and I will
bring Avila presently.
Commissioner Plummer: Uh?
Mr. Rodriguez: You presently have Topley and Avila.
Mayor Clark: Well, what I will do, I will wait to make my appointment until
the next meeting.
Vice Mayor Dawkins: And I'd like to appoint Danny Couch.
Commissioner Plummer: Danny Couch.
j Commissioner De Yurre: OK, so moved.
Vice Mayor Dawkins: Second.
Commissioner Gort: I'd like to appoint, today, Ann Carlton. I'll reserve for
the next one the other.
Mayor Clark: Ann Carlton.
Commissioner Plummer: It's a totally useless board.
Commissioner De Yurre: They are making money though. They are collecting...
Commissioner Plummer: Where? They got 60 million in liens, no money.
Commissioner De Yurre: They are getting some money somewhere, because they
are collecting.
Mr. Rodriguez: Yes, they are.
Vice Mayor Dawkins: I have asked five times, and I'd like to... If it's out
of order, please let's do it for the next time. But, I'd like to know all of
your appointments for the Miami Sports and Exhibition Authority because the
people sitting there now, their terms expired December 31. And you don't
have... You got two, and you got two, and I don't have them.
Commissioner Plummer: Mine are easy, mine is Steve Nuell and Bobby Ratiner.
That's my two. Excuse me, for the record, when I appointed him, he was not my
son-in-law. He today is my son-in-law.
Canmi.ssioner De Yurre: Now you can't appoint him.
Commissioner Plummer: No, I can't afford it.
Vice Mayor Dawkins: Mr. Mayor, I'd like to make a motion that everybody
provide me with two names by the end of next week so that I can let the
executive director notify them so that when we have the meeting in the next
week, the new people can come to the meeting.
Commissioner Plummer: All right. You don't need me to do it now. You know
who my two are.
133 January 13, 1994
Vice Mayor Dawkins: No. Yeah, well I do. But, see the Mayor wasn't
prepared. He doesn't know. Willy was not prepared. And Victor says he's not
prepared.
Commissioner De Yurre: I'm never prepared.
Mayor Clark: Let's move forward.
Ms. Matty Hirai (City Clerk): Mr. Mayor, may we have, please, a motion on the
i Code Enforcement appointments?
Commissioner De Yurre: So, moved.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot with no exception.
The following resolutions were introduced by Commissioner De Yurre, who
moved their adoption:
RESOLUTION NO. 94-34
A RESOIIlTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE CODE ENFORCEMERr BOARD OF THE CITY
OF MIAMI, FLORIDA, FOR TERMS AS DESIGNATED HEREIN.
RESOLUTION NO. 94-34.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolutions were passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
I
NOES: None.
ABSENT: None.
134 January 13, 1994
NOâ–ºI'E FOR THE RECORD: At this point, agenda item 37
was withdrawn.
------------------------------------------------------------------------------
49. RESCHEDULE FIRST COMMISSION MEETING IN FEBRUARY TO TAKE PLACE ON
FEBRUARY 17, 1994 -- RESCHEDULE FIRST COMMISSION MEETING IN MARCH TO
TAKE PLACE ON MARCH 24, 1994.
I
I-------------------------------------------------------------------------------
Mayor Clark: All right, item 38.
Commissioner Plummer: When are you going on the trip?
Mr. Cesar Odio (City Manager): Mr. Mayor, we have the dinner, Commissioner,
on the night of the loth.
Commissioner Plummer: So, could we have the meeting then, what, on the 3rd?
Mr. Odio: You could have it on the week after, on the 17th.
Commissioner Plummer: How about the 3rd? So you don't have meetings back-to-
back.
Commissioner De Yurre: February 3rd?
Mr. Odio: Right.
Commissioner De Yurre: It's fine.
Mr. Odio: Fine.
Commissioner De Yurre: We also have to change one in March.
Commissioner Plummer: Why in March?
Commissioner De Yurre: Because we have that trip to...
Mr. Odio: The ITB (International Trade Board) convention.
Mayor Clark: Please! February the 8th.
Commissioner Plummer: February the 8th?
Mayor Clark: Yes, sir.
Commissioner Plummer: I can't make the 8th, Mr. Mayor.
Mayor Clark: You have a funeral?
135 January 13, 1994
Commissioner Plummer: No, it's Thursday... I hope.
Mayor Clark: All right the 8th. How about Tuesday the 15th?
Commissioner Plummer: No, Tuesdays are bad for me. I would prefer the off
Thursday, if you have to.
Commissioner De Yurre: The 9th?
Commissioner Plummier: The 3rd or the 17th is...
Commissioner De Yurre: The 9th?
Commissioner Plummer: The only reason I said not the 17th was that makes it
back-to-back, I mean week -to -week.
Mr. Odio: You may...
Commissioner De Yurre: Whatever you are going to do it is week -to -week. It's
either the 27th of January...
Commissioner Plummer: All right, 17th is fine. You want to go the the 17th,
it's a lot better for me.
Mayor Clark: Seventeenth, is set for February.
Commissioner Plummer: That's fine.
Commissioner De Yurre: OK. And March...
Commissioner Plummier: Do the same.
Commissioner De Yurre: Either the third...
Commissioner Plummer: Excuse me, the Manager is suggesting we could possibly
in March combine the two.
Mr. Odio: Shorten the agenda, and combine if you so chose. Mr. Mayor,
Commissioners, you are going to need time. If you remember that the
legislature opens on February the 8th. And you are going to need time to
lobby Tallahassee. So, I wanted to remind you of that. The County, I
believe, has cancelled some meetings, or has doubled them up to be able to
lobby Tallahassee.
Commissioner De Yurre: I have no problem with doubling up the meetings for
the 24th of March.
Commissioner Plummer: That's fine.
A. Quinn Jones III, Esq. (City Attorney): Let me just caution you, even
though, you know, there has been a practice to do that, just remind you that
the Charter does require two separate meetings.
Commissioner De Yurre: We always take care of that, don't we?
136 January 13, 1994
Commissioner Plummer: Yeah, we abandon the first one in the morning and...
Mayor Clark: Please, please, relax. The dates now are February the 17th.
Commissioner Plummer: Instead of the 10th.
Mayor Clark: Instead of the loth, and March the 24th.
Commissioner De Yurre: Combined meeting.
Commissioner Plummer: Combined meeting, yeah.
Mayor Clark: Combine meeting.
Commissioner Plummer: That's fine. So moved.
Cammii.ssioner De Yurre: Second.
Mayor Clark: Shorten up the first agenda, Mr. Manager.
Mr. Odio: Yes, sir.
i
Mayor Clark: Without exception, Madam Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-35
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN FEBRUARY TO TAKE PLACE ON
FEBRUARY 17, 1994 COKENCING AT 9:00 A.M.; FURTHER
RESCHEDULING THE TWO COMMISSION MEETINGS IN MARCH TO
TAKE PLACE ON MARCH 24, 1994, CONVENING THE REGULAR
ITEMS MEETING AT 9:00 A.M. AND CONVENING THE PLANTING
& ZONING ITEM AT 4:00 P.M.
(Here follows body of resolution, omitted here and on
! file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
i
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
1
NOES: None.
ABSENT: None.
137 January 13, 1994
------------------------------------------------------------------------------
50. APPROVE CITY MANAGER'S RECOMMMTION NOT TO EXTEND THE BOATYARD
MANAG M COMPANY'S AGREIIMENP IN CONNECTION WITH DINNER KEY BOATYARD
(2640 S. BAYSHORE DRIVE) -- CITY TO DEAL DIRECTLY WITH ANY TENANTS THAT
ARE PRESENTLY SING BUSINESS AT THE BOATYARD UNTIL COMMISSION
DECIDES ON FURTHER ACTION.
Mayor Clark: Thirty-nine.
Mr. Cesar Odio (City Manager): Mr. Mayor, I would like to recommend,
Commissioners, that we do not extend the Boatyard Management Company's
agreement, that the City takes back the boatyard, and that we deal directly
with any tenants that are there now doing business until you decide which
direction we want to follow as far as RFPs (Request for Proposal), or
whatever.
Commissioner Plummer: I have no problem with that.
Mayor Clark: All right, for the record your name, sir.
Mr. Eduardo Rodriguez: Eduardo Rodriguez, I'm director of Asset Management.
Commissioner Plummer: What's your... Let me see if I understand this.
Mayor Clark: Please, please, now, you know that we ask for decorum. Mr.
Plummer, you have the floor.
Commissioner Plummer: Thank you, sir. If I understand what you are saying
is, the contracts that are on a month -to -month basis will be terminated. And
as such the City will go in and they will take over the operation, and if any
of these people wish to do business, they'll do it directly with the City? I
mean, how...?
Mr. Odio: Yes.
Commissioner Plummer: Tell me exactly what you mean.
Mr. Odio: Yes, exactly what I meant.
Commissioner Plummer: OK, I, that's...
understood it.
Mr. Odio: Mike, we met yesterday and...
Mr. Michael Zidziunas: Yes.
Mayor Clark: Give us your name please, sir.
I just wanted to make sure I
Mr. Zidziunas: I'm Mike Zidziunas, I'm president of the Boatyard Management
Company. We were managing the boatyard under a temporary basis after the
hurricane. The City wishes to take back over. We knew it was an interim
138 January 13, 1994
agreement. And all that we have hoped to do all
boatyard open and operating. And now the City i
s
Commissioner Plummer: I move the Manager's recommendation.
Commissioner Gort: Second.
Commissioner De Yurre:
Mayor Clark: Yes.
Discussion, Mr. Mayor.
Commissioner De Yurre: We read the story in the Herald and I'm surprised that
it took this long for the story to cane out. Because for whatever reason,
whether, you know, it's the right thing to do or not the right thing to do, we
seem to be in a dilatory process dealing with our waterfront properties. I
hear all kinds of stories about rent not being paid on time, about not
maximizing our income over at Watson Island with the helicopter business that
is there, that we could be doing a lot better, and it just seems to me that -
and I'm not putting blame anywhere, nor giving credit anywhere - I'm just
making a statement that maybe it's time that we should do something in unison
to really proactively get something rolling and deal with this issue. With
the Virrick Gym, we have oppositions from the neighborhood or some neighbors
that they want to keep it going as it is. I'm totally opposed to that because
that building needs to be knocked down, and we need to have a park there for
all to enjoy. And just like that, we need to have something, Mr. Mayor, that
we can look at intelligently and say, "What do we want done?" If we're
talking about the boating industry enjoying the waterfront, then there's just
so much that we can expect of a return, because it can only generate so much
money, what we're asking to be done on the waterfront. If we want to maximize
income, then we fill it up with restaurants, but that's not what we want. So
realistically, we have to decide what do we want there, and to expect a fair
return for what we're putting there. And I don't know if it's a matter of
getting auditors to go in there and tell us what we can do, what we can
expect, and work with that, or what else to do, but something needs to be
done, and I'm not willing to sit here anymore and say - and I don't - I
believe we have a Commission now today that is composed of individuals who are
business -minded and realize what's in the best interest of the City, and that
we should move on and do something to expedite this process and get it going,
to get some more income into our City, and provide a service to the community.
Mayor Clark: Absolutely. I agree with you 100 percent. We've got to...
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Just a moment, please. This property is some of the most
valuable property in the United States, right on the water, and the City owns
it, and unfortunately, they're presently under-utilized, as you stated, in
terms of generating any revenue for the City of Miami. We must do better. We
must have mixed uses along this area, not just one, and perhaps combining the
park, as you stated, with commercial and marine use, whatever it may be,
something that's compatible. But for us just to lethargically set it aside,
too much time and money have already been squandered on this area, within this
area, and we have got to move forward. Mr. Plummer, you are recognized.
139 January 13, 1994
Commissioner Plummer: Mr. Mayor, a little bit of history. This Commission,
constituted of different people, did make, in fact, a solid commitment to the
people of this community that Merrill Stevens, as we refer to it, would always
be a full service boat facility. Merrill Stevens, for the edification of
some, made a lot of money, a lot of money can be made in that facility. Mr.
Mayor. And as far as the Virrick Gym is concerned, there are - what's the
word I want? - restrictions on the deed. When that Julie Eisenhower came down
here to give that parcel to the City, as you will see, there were certain
restrictions as to what you could and could not do with that property.
There's no question in my mind that I concur totally with Victor that we
should be utilizing it. But I have heard other proposals that have been
bandied around about putting a Marriott Hotel there, about putting other
things, and I have gone on record and will continue, that as far as I'm
concerned, to redo Merrill Stevens is a must, but the rest of that property, I
would never stand still for building structures to look for revenue, to
eliminate where we spent millions of dollars to claim waterfront property for
the people of this community. My commitment is anything on the other side of
Bayshore Drive, this side of Bayshore to the water stays as parkland. We paid
almost $5,000,000, as I recall, for Kennedy Park, just so the people of this
community would have parkland. We bought the Meyers property. We paid a lot
of money for all of that property, and I think it should remain open park area
for the people, and live up to our commitment at Merrill Stevens to establish
a full service marina.
Mayor Clark: All right.
Commissioner De Yurre: Mr. Mayor, what do you suggest? Because...
Mayor Clark: Mr. Manager, you've got to come forward with alternative uses,
the long-term use of this property, as well as that of Virrick Gym at the
present time. You've got to come back with a study that shows us exactly what
we should do.
Mr. Odio: Yes. We are in the process of a charette in that waterfront, and
we should have the results within a month, I believe. We want to have the
proper public hearings so that everyone can participate. The same thing with
the Marine Stadium.
Mayor Clark: And they can get involved also. The Waterfront Board can get
involved along with the Manager.
Mr. Odio: They are involved.
Mr. William Harrington: Mr. Mayor, may I say that the Administration
responded, perhaps a little belatedly, to the former Commission's order. My
understanding historically was that there was a request for $25,000 to do the
charette. The former Commission - and Vice Mayor Dawkins can confirm this or
not - said no $25,000, do it internally. I think that was passed in - what? -
August or so? Commissioner Plummer, do you recall that? It took until
December...
Mr. Odio: October, October.
140 January 13, 1994
Mr. Harrington: October. It took until December for the Planning Department
to start the process. Now, I feel strongly that you can't shortchange the
public input, because 60 days or 90 days was lost somewhere between the
Commission mandate and the Planning Department's formulation of the audit.
Now, but that aside, it is underway. There was a meeting... and picture this.
On December 21st, over here in the exhibition hall, the notices, the
Waterfront Board didn't get its notice, the Preservation Society, a whole
bunch of people. December 21st, four days before Christmas, 40 angry citizens
showed up for that first meeting. It tells you something about the community
energy and interest in this project. OK. Now, on January 22nd is going to be
the charette, and my understanding of the process up to a charette i not
what's been happening, but you've got the time line, the limitations on us.
We're doing the best we can, and there are a lot of people involved, and it's
moving very well. Ms. Lutes, Mr. Rodriguez, the Waterfront Board, and the
interest in the charette - my understanding is the terminology is
shareholders. And I'm working very hard to make sure what Ms. Lutes and the
NET (Neighborhood Enhancement Team) office here in Coconut Grove, that all of
the shareholders be notified to be able to participate. That's where we are.
There is a lot of enthusiastic, constructive community input in this.
Mayor Clark: All right. What we want to do, at your next meeting, we want
your recommendations there. Your recommendations when you come forward the
next time. You're going to have recommendations on this, aren't you,
yourself, your board?
Mr. Harrington: But we are - we can have a special meeting and a workshop,
Mr. Mayor. We had our meeting two nights ago, and we're up to speed on this.
If you say, would the Waterfront Advisory Board have a workshop between now
and the 22nd, I think - we've moved very rapidly as the Waterfront Board on
48, 72 hours' notice on workshops in the past. Would you recommend that?
Mayor Clark: You do it in conjunction with the charette, please.
Mr. Harrington: Oh, it's all - that's...
Mayor Clark: All right. Very good.
Mr. Harrington: We're on with that.
Mayor Clark: Very good. Thank you, sir.
Mr. Harrington: Thank you, sir.
Mayor Clark: Yes.
Mr. Gonzalez-Goenaga: Good afternoon, Commissioners. I don't want to spoil
the eloquent presentation of the members of the Waterfront Board, but without
having specific knowledge, but general knowledge we have, you Commissioners
should understand that things are not going well in the actual Administration
of the City, in the way we rent our properties, in the way we use our
properties, in the way we try to collect rents from the tenants, and in many
other areas. So I distrust the present Administration, and, of course, when I
see a new Asset Management individual who cannot be as knowledgeable as the
person who really is doing the hard work, we should consider very closely, and
141 January 13, 1994
in the reevaluation of this Administration, because you had a mandate from the
citizens, and something must change the City of Miami. Thank you.
Mayor Clark: Thank you, sir. Thank you very much. Do you have something
further, sir?
Mr. Rodriguez: No, sir.
Mayor Clark: Mr. Manager, do you have any response?
j Mr. Odio: Not worth it.
Mayor Clark: Mr. Plummer?
Commissioner Plummer: No, sir. I made a motion.
Mayor Clark: All right. Seconded?
Commissioner De Yurre: Well, second, for discussion. I just want to make
sure, where do we go from here? What's the next step?
Mr. Odio: Well, number one, we take back the boatyard and keep it
operational. Two, we will have to wait for the report of the charette, after
January the 22nd. I hope we could have it for the meeting of February.
Mayor Clark: Ok, let's move it.
Mr Odio: And then we decide then what you want to do. March, I'm sorry.
Mayor Clark: Further discussion? Further discussion? If there's no
exception, there's a motion and a second. Cast a unanimous ballot, Madam
Clerk, if there's no difference.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-36
A RESOLUTION CONCERNING THE CITY PROPERTY LOCATED AT
2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, (THE
"PROPERTY"), ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER DENYING AN EXTENSION OF THE PROPERTY
MANAGEMENT AGREEMENT BE71VEM THE CITY AND THE BOATYARD
MANAGEMENT COMPANY, INC.; FURTHER AUTHORIZING THE CITY
j DMNAGER TO PROVIDE CITY MANAGOMU AND OPERATION OF
THE PROPERTY UNTIL SUCH TIME AS A COMPREHENSIVE
DEVELOPMENT SCHEME IS APPROVED BY THE CITY COMMISSION.
142 January 13, 1994
N
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
51. (Continued discussion) AUTHORIZE CITY MANAGER TO ENTER INTO
INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, WHEREBY
DADE COUNTY WILL ENGAGE CONSULTANT SERVICES TO PREPARE GRANT
APPLICATIONS FOR SUBMISSION TO THE U.S. GOVERNMENT UNDER THE
EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES PROGRAM --
ALLOCATE $100,000 FROM CDBG 19TH YEAR GRANT ADMINISTRATION
PROJECT 799302 -- DIRECT ADMINISTRATION THAT IF THERE ARE
ANY CHANGES, ADDITIONS, OR DELETIONS BY THE CONSULTANT THAT
SAID ISSUES WILL COME BACK BEFORE THE COMMISSION. (See label
34)
Mayor Clark: Now we go back to item number 30. Mr. Burke, Commissioner,
representative, our buddy.
Commissioner Gort. You can come to give us money.
Mr. James Burke: I'll be all of those. Thank you very much, Mr. Mayor.
Mayor Clark: We had this scheduled for a certain time at 3:00 o'clock.
Mr. Cesar Odio (City Manager): Twenty, Mr. Mayor.
Mayor Clark: Number 20? What item is it?
Mr. Odio: Twenty, sir.
Mayor Clark: This is on the federal empowerment zone. Mr. Burke.
Mr. Burke: How are you doing, Mr. Mayor? Commissioners.
Mayor Clark: Happy to have you down here.
Mr. Burke: It's my pleasure to be here, Mr. Mayor and Commissioners, and
we're really here just to confirm our enthusiasm about working with the City
143 January 13, 1994
on this empowerment zone application and process, and to know that we're
really going to work with you, and I think this is part of - we're here for an
interlocal agreement to authorize payment on it. We can indicate to you fully
that we are just open to whatever the City needs in this. And in fact, we
think the heart of the zone is probably going to be in the City, but that's a
decision to be made by the, you know, the task force, of which we are part.
Mayor Clark: Mr. Manager, what response to Mr. Burke? He's offered
everything but the apron strings, so get with him.
Mr. Odio: We are, sir, and we recommend this strongly. We need to have the
application prepared in such a way that we - no one can beat us in Washington.
So it is Important.
Mayor Clark: We think we have an excellent chance. We know we're totally
qualified. We meet all the requirements. You've spoken about this during
your campaign a hundred times, and I did also, and we figure this is one of
the main cards that can help us with this basic crime issues that we're
looking at, Jim.
Mr. Burke: Absolutely.
Mayor Clark: But if there's a motion on the resolution - Mr. Gort, do you
move it?
Commissioner Gort: I move it.
Mayor Clark: Do you second?
Commissioner De Yurre: I'll second it for a discussion.
Mayor Clark: All right, discussion. Mr. De Yurre.
Commissioner De Yurre: I don't see anywhere here where we have earmarked a
particular area for this empowerment zone, so what's the procedure?
Mr. Odio: The procedure will be done with the task force, using the limits
that have been placed to us by Washington. They have to meet certain
criteria, and that map will be developed, and Saturday, I believe we'll start.
Mr. Burke: Saturday, we will start with some alternatives that the staff has
worked up, just based merely on the track, the poverty tracks and where we can
have it. Then it will be a part of our process in having the commmity to
give some comments on it, and also, to have this body to really look at it.
But I can just tell you that in almost every alternative that's drawn up, it
begins, really, in the City, and kind of expands fran that.
Mayor Clark: What we would - Mr. Manager, I would suggest that you take them
the NET (Neighborhood Enhancement Team) map. That wasn't carved just for fun.
That was carved up for a certain reason, for those areas, and you can take a
lot of guidance from that NET map, because that may help you delineate areas
that you may be trying to study and have all the information ready for you.
Mr. Odio: We have provided to Mr. Burke the strategic plan we prepared in
1989, and the NET service areas.
144 January 13, 1994
Mayor Clark: All right. We have a motion and a second. Any further
discussion?
Commissioner De Yurre: Mr. Mayor, further. Explain to me a little bit about
is there going to be any competition between areas within Dade County?
Mr. Burke: The answer is that if there is competition, it will simply wipe us
out of the process.
Commissioner De Yurre: OK.
Mr. Burke: So we've got to have one solid map.
Mayor Clark: Solidarity.
Commissioner De Yurre: So we'll have one uniform plan that's going to be
presented?
Mr. Burke: That's correct.
Commissioner De Yurre: OK. Secondly, with reference to this empowerment zone
and enterprise community application consultant team, my motion is contingent
upon the fact that if there are any changes, additions or deletions from this
list right here, that it will come back to us.
1, Mr. Burke: And we'd be happy to do that. We actually are going to add, I
believe, an African -American consulting firm that we will bring back to the
I City for your approval, and I can just tell you, as I said, we are here to
work with you.
Commissioner De Yurre: Right.
Mr. Burke: And in any way we can.
Mayor Clark: Very good. Any further discussion?
Vice Mayor Dawkins: Yes, sir, one for the...
i
Mayor Clark: Yes, sir.
i
Vice Mayor Dawkins: I still don't understand what you mean by a localized
section, because we have, in Overtown - I'm just going to say for the sake of
discussion - Overtown meets all of the criteria necessary to get the
empowerment zone.
Mr. Burke: It should.
Vice Mayor Dawkins: All right. Now, so therefore, I don't mind expanding it,
OK? But when we expand it, let's expand it on a 60/40 share, or whatever.
Don't let me provide all of the data over town, and then Overtawn ends up with
20 percent of the money.
Mr. Burke: Well, the good thing about this, really, is that even in the
legislation, it clearly indicates...
145 January 13, 1994
Vice Mayor Dawkins: I don't need to know the good thing about it. I want you
to understand, sir, what you and I have to do.
Mr. Burke: OK. I stand directed, Commissioner.
Vice Mayor Dawkins: All right. Thank you.
Mayor Clark: Any further discussion? Call the roll, Madam Clerk. Very
important.
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 94-37
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGRE MU WITH METROPOLITAN DADE
COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHEREBY DADE COUNTY WILL ENGAGE CONSULTANT SERVICES
FOR THE PURPOSE OF PREPARING GRANT APPLICATIONS FOR
j SUMISSION TO THE UNITED STATES GOVERNMENT UNDER THE
i EMPOWERMENT ZONES AND ENTERPRISE CCDMUNITIES PROGRAM;
Al2=TING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$100,000, FROM COMMUNITY DEVELOPMENT BLOCK GRANT 19TH
YEAR GRAND ADMINISTRATION, PROJECT NO. 799302, INDEX
CODE NO. 451923.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
CCDOMM MADE DURING ROLL CALL:
Commissioner Plummer: My understanding is that this is for the purpose only
of selecting a consultant, not to exceed $100,000.
Mr. Odio: That's our share.
Commissioner Plummer: That's correct.
Mr. Odio: That $100,000 is our share.
146 January 13, 1994
Cammissioner Plummer: But that's all this is doing, is selecting the
consultant.
Mr. Odio: Yes.
Commissioner Plummer: I so vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Burke: Thank you very much, Mr. Mayor and Commissioners. You know, any
time you want to come...
Mayor Clark: Things are a lot - when you want to relax, come down here.
Things are a lot more quiet down here.
Mr. Burke: I'll do it. I see Mr. Goenaga left. I notice you have some of
the same interested citizens we do. Thank you very much.
------------------------------------------------------------------------------
52. (Continued discussion) SCHEDULE FOR JANUARY 27TH CODM4ISSION MEETING
CONSIDERATION OF PROPOSED RESOLLTrION TO AUTHORIZE CITY MAKER TO
RKECU<I'E AGREEMU WITH J.M. SERVICES, INC., TO OPERATE / MANAGE THE
BAYFRONr PARK ARTS AND CRAFTS FESTIVAL To BE HELD IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK ON SPECIFIED %M ENDS FOR FOUR-YEAR PERIOD
ca4E CING JANUARY, 1994, FOR A FEE OF NOT LESS THAN $5,000 PER MONM.
(See label 32)
Mayor Clark: All right.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: On item 18, which was the issue about the arts and
crafts proposal for the Bayfront Park, if it can be brought back, instead of
waiting for the first meeting in February, on the 27th of January. They need
to expedite it a little bit, and I have no problem with that, with coming
before us in two weeks.
Mayor Clark: Mr. Plummer?
Commissioner Plummer: When do you want it?
Commissioner De Yurre: At the next January meeting.
Commissioner Plummer: That's fine with me, sir.
Commissioner De Yurre: OK.
Mayor Clark: All right. Schedule that, Mr. Manager, schedule that for the
27th then.
147 January 13, 1994
Commissioner Plummer: And Mr. Katz, would you please have someone from that
company sit down with Commissioner Dawkins and explain what you were
explaining to me about the 12th time, because that's critical. That's the
key.
Mayor Clark: Thank you. Thank you very much.
------------------------------------------------------------------------------
53. RATIFY CITY MANAGER'S FINDING THAT EMERGENCY EXISTED -- WAIVE
REQUIREHMM FOR CCMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF A
PLASTIC CAGE FOR THE EAGER BEAVER RECYCLER 23 FROM GENERAL ENGINES
COMPANY, INC. ( FOR DEPAR113= OF GSA AND SOLID WASTE) .
Mayor Clark: Now we are on item...
Commissioner Plummer: Forty.
Mayor Clark: We said 3:00 o'clock.
Commissioner Plummer: Forty.
Mayor Clark: But that's all right. Item number 40.
Commissioner Plummer: Mr. Manager, when this says recycler 23, what is that?
Is that...
Mr. Cesar Odio (City Manager): That's that special buggy that is - where you
can separate the different materials in the back of the...
Commissioner Plummer: I thought the union was responsible for all of their
vehicles.
Mr. Ron Williams (Assistant City Manager): Commissioner Plummer, the City
owns those vehicles at this point, and certainly, we've leased them to the
union for their use. This incident of damage occurred prior to them taking it
over. We needed to replace the top quickly and we...
Commissioner Plummer: They'll pay us.
Mr. Williams: I'm sorry?
Mr. Odio: They'll pay us through the lease.
Mr. Williams: Through the lease arrangement.
Commissioner Plummer: I'll move item 40, Mr. Mayor.
Mayor Clark: All right.
Vice Mayor Dawkins: Second.
148 January 13, 1994
Mayor Clark: Any further discussion? Hearing none, cast a unanimous vote.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-38
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VCFI'E OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MAMkGER'S FINDING
THAT AN EMERGENCY NEED EXISTED, WAIVING THE
REQUIRIIETT'S FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A PLASTIC CAGE FOR THE EAGER BEAVER
RECYCLER 23 FROM GENERAL ENGINES COMPANY, INC., IN A
PROPOSED AMOUR OF $7,280.00 FOR THE DEPARTMWr OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE;
ALTACATING FUNDS THEREFOR FROM THE FY'93 RECYCLING AND
EDUCATIONAL GRANT FUND, ACCOUNT CODE. NO. 42130I3-640,
PROJECT NO. 197007.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
54. NAME CITY -OWNED PARK PROPERTY LOCATED AT N.E. 71 STREET AND BISCAYNE BAY
AS "BAYWOOD PARK."
------------------------------------------------------------------------------
Mayor Clark: Item number 41. Notice. Please take notice...
Commissioner Plummer: What date is set for 41?
Mayor Clark: Sir?
Commissioner Plummer: What date? Isn't it 41, to call for a public hearing?
Mr. Cesar Odio (City Manager): This is the public hearing.
149 January 13, 1994
Commissioner Plummer: This is the public hearing?
Mr. Odio: Yes.
Mr. Odio: Oh, OK.
Mr. Odio: And we advertised it.
Commissioner Plummer: I'm sorry, I misunderstood.
Mr. Odio: So you can call it Baywood, because there's no one here.
Mayor Clark: What is the item?
Mr. Odio: It's to change the name of the property we have on 71st Street and
Biscayne Bay, and to name it Baywood Park.
Mr. Albert Ruder: The community has met and they decided this is the name
they wanted, and it was scheduled at the last meeting, and you asked if it was
scheduled as a regular item, and you asked that it be brought back at this
meeting as a public hearing. We have some residents here from the community
and...
Mayor Clark: Do they favor it?
Mr. Odio: Yes, sir.
Mr. Ruder: Yes, yes, they do.
i
Mayor Clark: Are there any objectors on this item?
Mr. Odio: The NET (Neighborhood Enhancement Team) Administrator tells me 77
people in favor, all of them.
Mayor Clark: All right. I'm going to close the public hearing. Baywood
Park.
Commissioner Gort: Move it. Make a motion.
Mayor Clark: Moved by Mr. Gort.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded by Mr. Dawkins. If there's no exception, cast a
unanimous ballot.
150 January 13, 1994
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 94-39
A RESOLxTPION NAMING THE CITY OF MIAMI-OWNED PARK
LOCATED AT NORTHEAST 71ST STREET AND BISCAYNE BAY,
MIAMI, FLORIDA, AS "BAYWOOD PARK".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
55. DISCUSS AMID TEMPORARILY TABLE PERSONAL APPEARANCE BY MR. DONALD J.
HINSON, EXECUTIVE DIRECTOR OF GREATER BIS AYNE BOULEVARD CHAMBER OF
COMMERCE TO PRESENT THE CHAMBER'S LOGO AMID THE LATEST MULTIMILLION
DOLLAR ECONOMIC DEVELOPMENT PROJECT: "MIAMI'S INTERNATIONAL VILLAGE AND
MARKETPLACE." (See label 57)
------------------------------------------------------------------------------
Vice Mayor Dawkins: Forty-two.
Mayor Clark: Item 42.
Commissioner Plummer: It's been withdrawn.
151 January 13, 1994
Mr. Cesar Odio (City Manager): It's been withdrawn, Mr. Mayor.
Commissioner Plummer: Forty-three?
Mayor Clark: Number 43. Mr. Hinson present? What's this?
Commissioner Plummer: Mr. Mayor, I...
Mr. Odio: The item is scheduled for 3:20 so...
Mayor Clark: Sir?
Mr. Odio: The item was scheduled, Mr. Mayor, for 3:20, and it's 3:14, so
maybe...
Mayor Clark: Well, how do we do 3:20? The only one we scheduled for a
perfect time was 3:30, with the people from dawn - we didn't schedule
number...
Mr. Odio: We have to change this way, because we used to - we gave 3:00,
3:05, 3:20 and they were given time...
Mayor Clark: What do they need?
Commissioner Plummer: We got six minutes to wait.
Mr. Odio: They wanted to show us their chambers logo, and also explain to you
their new project called Miami International Village and Marketplace.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Are any persons here on the personal appearance on that item?
Mr. Odio: No, I don't see Mr. Hinson.
Mayor Clark: Any item? Mr. Manager, where is the Fire Chief?
Cammissioner Plummer: Mr. Mayor, while we're waiting, let me bring to this
Commission's attention, we maybe have a major problem with item 43. The EDA
(Economic Development Administration) has been given a grant of money for two
and a half million dollars to create the City of Miami's International
Marketplace.
Mayor Clark: Yes, sir.
Commissioner Plummer: If I'm reading this correctly...
Mayor Clark: Please, Mr. Plummer.
Commissioner Plummer: Yes, sir.
Mayor Clark: Given by whom, for what?
Commissioner Plummer: I said, sir, by the EDA, for the City of Miami's
International Marketplace. Commissioner De Yurre was there when the grant was
152 January 13, 1994
applied for. It has cane in subsequent to that. There has been a lot of
rough road that it's gone over, trying to get it established in the old Jordan
Marsh store. But if I'm looking at this correctly, Mr. Mayor, this basically
is like going to be in competition with that which your own DDA (Downtown
Development Authority) is trying to accomplish. And I think this City is
probably going to have a problem of supporting something against its own DDA,
but I'm merely bringing that to your attention, that maybe will be a problem,
sir.
Mr. Odio: Why maybe don't we wait and see what they have to send.
Commissioner Plummer: OK, sir. I'm just bringing that up for..
Mayor Clark: Please, please. OK.
Commissioner Plummer: OK.
Mayor Clark: As long as he's notified us, I think forewarned is forearmed.
Commissioner Plummer: OK.
------------------------------------------------------------------------------
56. DISCUSS AND TEMPORARILY TABLE PERSONAL APPEARANCE BY MR. DCJNALD J.
HINSON, EXECL)TIVE DIRECTOR OF GREATER BISCAYNE BOULEVARD CHAMBER OF
COMMERCE TO PRESENT THE CHAMBER'S LOGO AMID THE LATEST MULTI -MILLION
DOLLAR ECONOMIC DEVELOPMENT PROJECT: "MIAMI'S INTERNATIONAL VILLAGE AND
MARKETPLACE." (See label 57)
------------------------------------------------------------------------------
Commissioner Plummer: While you've got the four minutes, do you want to do an
emergency?
Mayor Clark: No, no emergencies now.
Commissioner Plummer: OK.
Mayor Clark: I want to appoint Commissioner Gort to be the liaison between
this Commission and the Legislature during the session in Tallahassee. All
Commission members are encouraged to go to Tallahassee and to lobby the
issues, but I would like to have Commissioner Gort work with our lobbyists to
coordinate our efforts. I think he's got enough experience and background.
He's a determined individual, and Willy, you're appointed. Any exception?
Hearing no exception, unanimous vote.
Commissioner Plummer: Mr. Mayor, I have no exception. I think it's a
tremendous idea, but I would likewise like to, authorized by this Commission,
by motion, that Commissioner Dawkins be, likewise, who, for the past two
sessions, has been up there and done a lot of lobbying on behalf of this City.
And I think that we should authorize any expenditures that would be created by
him to go up there.
Mayor Clark: Or Mr. Gort.
153 January 13, 1994
Commissioner Plummer: or either one, of course.
Mayor Clark: The two of them.
jCommissioner Plummer: That the two of them be...
Mayor Clark: Combine that, Madam Clerk, that unanimous motion by this
commission.
I
Commissioner Plummer: Thank you, sir.
Mayor Clark: Congratulations, fellows. on the road again.
Commissioner Plummer: Thank you, sir.
Commissioner De Yurre: And that means that J.L. and I can't go?
I
Canni.ssioner Plummer: I hope so. I don't know.
Mayor Clark: No, we're going to take you and J.L. up there and leave you
1
there.
Commissioner Plummer: Too cold for me.
The following resolution was introduced by Mayor Clark, who moved its
adoption:
RESOLUTION NO. 94-40
A RESOLUTION APPOINTING VICE -MAYOR MILLER J. DAWKINS
AND COMMISSIONER WIFREDO GORT AS THE CITY COMMISSION'S
LIAISONS TO COORDINATE EFFORTS WITH THE CITY'S
LOBBYISTS CONCERNING ALL ISSUES THAT EFFECT THE CITY
OF MIAMI DURING THE UPCOMING 1994 LEGISLATIVE SESSION;
FURTHER AUTHORIZING ALL EXPENDITURES INCURRED AS A
RESULT OF SAID APPOINTMENTS AND DUTIES.
Upon being seconded by Commissioner Plummer, the resolution was pa
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
154 January 13, 1994
--------------------------------------
57. (Continued) PERSONAL APPEARANCE: MR. DONALD J. HINSON, EXECL)TIVE
DIRECTOR OF GREATER BISCAYNE BOULEVARD CHAMBER OF CAE TO PRESENT
THE CHAMBER'S LOGO AND THE LATEST MULTIMILLION DOLLAR ECONOMIC
DEVELOPMENT PROJECT: "MIAMI'S INTERNATIONAL VILLAGE AMID MARKL'TPLACE."
(See label 55)
Mayor Clark: All right. What have we got? Anything later on?
Mr. Cesar Odio (City Manager): Mr. Mayor, Mr. Hinson is here on item 43.
Mayor Clark: Mr. Hinson.
Mr. Don Hinson: Yes, sir.
Commissioner Plummer: He still can't legally...
Mayor Clark: Let's move right quick. Now, what do we want to do, Mr. Hinson?
Just want to show us the logo?
Mr. Hinson: Just want to present the logo and the MIV (Miami International
Village) project.
Mayor Clark: Very good, sir. Forty-one was deferred, or something.
Commissioner Plummer: There's a portable mike there that you can pick up.
She'll activate it for you.
Mayor Clark: All right, sir. For the edification of ourselves and everyone
here, tell us who you are, please, sir.
Mr. Hinson: Yes, sir. I'm Don Hinson, the executive director of the Greater
Biscayne Boulevar Chamber of Commerce. I've been before you before as the
president of the Shorecrest Homeowners' Association. And by the way, that
association was very instrumental in electing this new Commission, which I
voted for also.
Mayor Clark: Thank you, sir. We've seen you before many times.
Mr. Hinson: I'd just like to, in one thousand words or less, outline for you
what you're looking at here. The Greater Biscayne Boulevard Chamber of
Commerce represents over 400 members and friends of the Greater Biscayne
Boulevard area. We also represent a very large area called the Northeast.
That area runs from 87th Street on the north to 36th Street on the south, I-95
on the west, and the bay on the east. That area represents - we represent the
Oak Grove community, which was recognized all over the United States in the
"Police Night Out." This area is the Little River area, Little Haiti and the
Design District. We have a project, one of many, called Miami's International
Village and Marketplace. We ave a co mittee called the Northeast Coalition
for Economic Development, that's working on a number of projects. The bottom
155 January 13, 1994
line to us is economic development. We're not only a chamber of commerce. We
are a CBo (Community Based organization) funded by the City of Miami to bring
economic development to this area. Specifically, our CBo works in the area
along Biscayne Boulevard in what you see in yellow. We also represent the
target area called Edison/Little River area. What we are trying to do as a
Chamber and as a CBO is to paint a picture, not only for this City Commission,
but for the County Commission and for the community at large, that what we
have is a unique area. What you're looking at here is a very unique area. We
are bordered by I-95 and the expressway going to the beach, and to Hialeah.
We have our own rail system that cuts right through our area. We have 50,000
cars a day that travel up and down the same boulevard that goes to downtown
Miami. We have an area that is unique. We have an industrial area in this
Little River area. We have a very historical area in the Little River area
and the Northeast area. All of these things can be an asset. When we think
about an area that can present to the business community at large, the
international business community, the assets that this area has, it's
unbelievable. We are here today to say to this City Commission that we would
very much desire that the City Commission look at this area. We have gone
before the County Commission, and we are asking for support. This area - I
don't like to say it's been forgotten, but when you look at the dollars that
have been spent in other areas of the City of Miami, this area has been
lacking. We are appreciative of what the City Commission has done. We are
here today seeking more of that support. our president, newly elected
president, Mr. Jimmy Loschiavo was the vice president of our Chamber of
Commerce. He is now the president, and he's here today to present to you the
logo of our Chamber. Thank you, Mr. Mayor.
Mr. Jimmy LoSchiavo: Mayor Clark, Commissioners, I can't believe that we were
3:30 on the schedule. I figured it would be up about 5:00 o'clock. Sorry.
Mayor Clark: A different ball game.
Mr. LoSchivo: It's a different ball game. I don't want this to fall, but...
On behalf of the board of directors and over 400 members and friends of the
Greater Biscayne Boulevard Chamber of Commerce, and Chamber Northeast
Coalition for Economic Development Committee, we take great pleasure in
presenting to you the logo of our Chamber in recognition for your valuable
contributions to our community. We trust this logo will hang in the City Hall
Building to remind all who see it of the Chamber and its members' commitment
to our City, and more specifically, that area of the City from Northeast 87th
to 36th Street, from Biscayne Bay to North Miami Avenue. Thank you.
Mayor Clark: Thank you, sir. That's tremendous. We're going to place that
properly, probably right in the lobby, or in J.L.'s office. He's the senior
member here. And it's a beautiful logo, and we promise you, we can promise
you, my colleagues and myself will come out there with you to your meetings
now that we know... Where do you meet, out at the American Legion?
Mr. Hinson: No, sir. We meet - you mean where the general members meet?
Mayor Clark: Yeah.
Mr. Hinson: We meet in different areas.
Mayor Clark: Well, please notify us.
Mr. LoSchiavo: It's usually at the Police Museum.
156 J anuar. y 13, 1994
Mayor Clark: Please notify us, because it's very important to us, and we...
That's the entrance to Miami. I came down that road on July the 4th, 1932.
1932, when I first came to this City from Tampa.
Commissioner Plummer: It's never been the same since.
Mayor Clark: Never has been the same since.
Mr. Hinson: Well, my roots, Mr. Mayor, go back to the 1800s. My great-
grandfather homesteaded 153 acres of land right here.
Mayor Clark: And let me tell you how bad it was back in 132. That's before
this kid was born. It was July the 4th. We passed right by the American -
Horvey Seeds Post, and they said, "free lunch and barbecue, water melon for
veterans and their families." My father had a family of ten, and I had my
first July the 4th picnic, because we were starving to death, really, in 1932,
right there at the American Legion Park. So I've got a very special soft spot
in my heart for that area. I know all about it.
Mr. Hinson: Thank you, sir.
Mayor Clark: Thank you, sir.
Commissioner Plummer: Mr. Mayor, did they speak to the International
Marketplace?
iMayor Clark: Yes, they did, somewhat, but we're going to get more
information.
Commissioner Plummer: All right. May I suggest...
Mr. Hinson: I have a brochure for each of you.
Commissioner Plummer: May I suggest to you, sir, as I informed my colleagues
prior to your arrival, the Downtown Development Authority is about the
business of establishing an international marketplace that they have the
money for in Omni, so that you don't come and get broad -sided, that you're
doing something that's all ready, the funds are in place for, please check
with DDA and get them to sit you down and explain to you what they're doing
and what they're proposing to do so that you're not in competition with each
other.
Mayor Clark: Please do that. Thank you.
I
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir, Mr. Gort.
Commissioner Gort: I'd like to inform Mr. Hinson we have today appointed a
person from the Northeast in the Planning Board and a person from the
Northeast in the Code Enforcement Board. So they are being represented.
Mr. Hinson: Thank you, sir.
Mayor Clark: You'll have good representation. Thank you. The hour is 3:27.
Can we go ahead?
157 January 13, 1994
Commissioner Plummer: What item, Mr. Mayor?
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58. (Continued) INSTRUCT CITY MANAGER TO NEGOTIATE WITH OWNER OF THE
VIZCATRAN PROPERTY (AT 168-200 S.W. 32 ROAD, 3200-3202 S.W. 1 AVENUE,
AND 1100-1139 S.W. 22 TERRACE) FOR ACQUISITION OF SAID PROPERTY (TO BE
PAID IN -KIND WITH OTHER PROPERTY, IF POSSIBLE, AND/OR CASH). (See label
27)
Commissioner De Yurre: Here, here.
Mayor Clark: Three twenty-seven. You want us to wait three minutes?
Commissioner Plummer: They're ready.
Mayor Clark: Mr. Chief, Fire Chief. Do we have that plan over here, Mr.
Plummer?
Commissioner Plummer: I asked Sergio. Sergio, have you got it, that you can
put it up on the...?
Mayor Clark: Let me see it just a moment, will you, please?
Commissioner Plummer: Bring the Zoning atlas up for the Mayor.
Mayor Clark: Just that area.
Commissioner Plummer: one, two. We only have three items left.
Mayor Clark: The reason I asked for that, my colleagues on the Commission, I
did not vote for a planning study the last time - where is this property
located? - because this was not presented to me as a true zoning change. This
property was zoned back some eight or ten years ago - more than that, I
suppose, or less than that - to accommodate the Metrorail station for the
population they expected to grow in that area. Chief, it has come to my
attention, and it wasn't brought to my attention until afterwards, because
some of - I live in that - not in the immediate area, but close by - that if a
big building were built in that area, it's almost impossible for' the Fire
Department to get down there to service it. Is that right, because of the
road?
Chief Carlos Gimenez: No, that's not true. We had some concerns back in
1986, going back and, you know, researching this, and there was some concerns
about some of the turnaround. We needed a bigger area to turn around some of
our trucks, and that was - that was put into the plan. And we also wanted
some access from Southwest 32 Road and South - or Southwest 1 Avenue, and that
was - to Southwest 22nd Terrace, and that was also - there's a 15-foot
easement there that gives us access to that.
Mayor Clark: Is there any large building there with that type of population
that would be accommodated if this became a reality?
Chief Gimenez: I'm sorry, I don't understand your question.
158 January 13, 1994
Mayor Clark: Is there another building like this close by?
Chief Gimenez: Eight stories, we have plenty of eight -story buildings.
Mayor Clark: I know, but...
Chief Gimenez: But in that area there, no.
Mayor Clark: All right. Thank you, Chief. The reason this meeting was
called, Mr. De Yurre, you have a thought?
Commissioner Plummer% Well, can we reinstitute the study as before?
Mayor Clark: I don't know whether you can do that or not, but Mr. De Yurre?
Commissioner Plummer: Hello? Calling collect.
Mayor Clark: He's going to wait till 3:30. I know what he's going to do.
Commissioner Plummer: Well, let me ask my question while he's still on the
phone. Sergio, is this Commission still within its power to reinstigate the
study to reduce it back down to the lower zoning, as we did before?
{
Mr. Sergio Rodriguez (Assistant city Manager): I think you have to ask the
Law Department. I believe you have to move to reconsider.
Commissioner Plummer: It's a legitimate question to ask.
Mr. Joel Maxwell (Assistant City Attorney): You would have to move to
reconsider your action of December 16th.
Commissioner Plummer: But that, we can do?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: OK.
Mayor Clark: All right.
Mr. Maxwell: However, you need to be aware of something.
Commissioner Plummer: All right, sir.
Mr. Maxwell: One of the things that's happened since then is that based on
your actions of December the 16th, building permits were issued to the
developers and owners of that property. So they have their building permits.
We had held up those building permits prior to the December 16th meeting
because of...
Mayor Clark: Are they active now?
Mr. Maxwell: Sir?
Mayor Clark: Are they active now?
Mr. Maxwell: They have - I think the building permits have been issued. I
don't know if anything has occurred over there.
159 January 13, 1994
Mayor Clark: I don't think they've done anything down there yet. Did you
notice if anything was done down there? Victor, you're on.
Commissioner Plummer: Well, don't I recall at the last hearing, we had
something in reference to the fact that they could not get building permits
until they could demonstrate they would not overload the sewer lines?
Mr. Maxwell: That wasn't discussed at that meeting. I think they might had
their sewer permits as well.
Commissioner Plummer: All right.
Commissioner De Yurre: J.L., on Vizcatran, it's quite simple, the reason I
put it on the agenda. To begin with...
Commissioner Plummer: After eight years, it may be simple.
Commissioner De Yurre: To begin with, at the last meeting, I voted against
doing a study to down -zone it. I didn't feel morally, nor ethically, nor
legally that it was the right thing to do, you know.
Mayor Clark: Hold it. Excuse me, Victor. Can I interrupt? I thought there
j was a study to down -zone the property that had already been completed. Is
that right, Mr. Rodriguez?
Mr. Rodriguez: Yes, sir.
Mayor Clark: So we were voting on this, to accept that study.
Mr. Rodriguez: You are right. At that point, you were voting on accepting
the study in principle, and then that action was to be followed...
Commissioner Plummer: Starting the process.
Mr. Rodriguez: ... by a presentation before you of the recommendation from
the Planning Board and Zoning Board.
Commissioner De Yurre: OK. I stand corrected on that point.
Mayor Clark: All right, continue.
Commissioner De Yurre: OK. Now, understanding the impact of a building of
the nature that we're talking about in the area, knowing that it's a single-
family duplex residential area, and the size of the lot, you know, I feel, and
I've spoken to the developer, the owner. He is in a position to give, in a
swap or a sale, the property to the City in exchange for cash and/or other
properties that we may own that we may like to see developed into housing that
he would be interested in developing. And I believe that this way, the area,
the community around the Vizcatran section, will...
Commissioner Plummer: And we lose $400,000. That's what it's going to cost.
Commissioner De Yurre: ... we can be build a park for them with that land,
and maybe add a little NET (Neighborhood Enhancement Team) office there, if
it's deemed appropriate.
160 January 13, 1994
Commissioner Plummer: Giving up other property.
Commissioner De Yurre: And at the same time, the developer, the investor
that put years of effort into the area, he will not walk away with nothing.
He will walk away, at least, as whole as we can make him, and hopefully, he
can develop, use his energies to develop housing which we sorely need in other
areas of our community through land that we may give him as part of the deal
that we may structure. And basically, Mr. Mayor, the reason I brought this up
here today is to, hopefully, with the acquiescence of this Commission, that we
can instruct the Administration to start negotiating with the owner and the
developer as to see how we can structure a deal that will be suitable for both
parties and the community as a whole, and we can move on from there. I think
everybody walks away happily.
Mayor Clark: Are their attorneys here?
Mr. Joe Portuondo: Good afternoon, Mayor Clark. My name is Joe Portuondo,
and the other members of the Commission. I have my address at 150 West
Flagler Street, and I do represent Vizcatran, Limited, which is the owner of
the property. And we are very much willing to discuss with the City the
Possibility of selling the land to the City for a fair price, and just like
Mr. De Yurre is talking about. And we are willing to discuss with the
Administration or anyone else, in good faith, to have this problem - I don't
want to call it a problem - have this issue resolved to everyone's
satisfaction.
Mayor Clark: Well, who's speaking for the - Mike, you want to speak?
Mr. Mike Karaty: Mr. Mayor and members of the Commission, Mike Karaty,
President of the Miami Roads Association. I have met with several members in
Mr. De Yurre's office, Mr. Gort's office, and with the different City offices,
the City Manager's Office and the NET Office, and we are very much in favor of
the swap for a park and a NET office. This is what we would really like to
see. We've wanted it from the beginning. I think it would be excellent for
the area. We do support it.
Mayor Clark: Let's make a motion to... Now, do we have an agreement, do we
have an understanding, Mr. Portuondo, that you're not going to move forward on
that while we get encumbered with more debt?
Mr. Portuondo: Well, let me say this. We gave the City of Miami $48,000 this
afternoon for some fee - I don't recall which one.
Mr. Rodriguez: Building permit.
Mr. Portuondo: I didn't come here - I didn't come here to agree to stop
construction. I didn't know that there was going to be an offer made that we
could accept today or not, so I don't know what to tell you, Mayor Clark. All
I am telling you is that we would be willing to make this Commission happy,
and make the neighbors happy, and try to explore that possibility, and if we
could do that quickly, it would be in everyone's best interests.
Mayor Clark: Very good. Mr. Attorney, can you draft the proper resolution
this Commission can adopt? Yes, ma'am, if you'd like to.
Mr. Maxwell: If it's the will of the Commission, we can do that, Mr. Mayor.
However, there are a couple of things that you should be aware of that you may
161 January 13, 1994
not be aware of. One, the City was sued today by the property owners, by the
neighborhood association, regarding your December 16th action, so we are
embroiled in litigation at this point regarding that motion. So I'm not...
Mayor Clark: Well, if they're working in good faith, they can withdraw that
suit.
Mr. Maxwell: That's correct, air. Secondly, there was some discussion about
reconsidering your vote of December 16th. I would advise against that if you
are looking to or anticipating - I forgot what I was saying there. If you are
looking at purchasing the property or acquiring it in some way, you should not
do that, because it could be construed as trying to keep the value of the
property down in the future, and we are, as you are aware, we have been
involved for about six years in litigation on the subject, quite similarly.
Mayor Clark: I understand. I understand that. All right, leave it like it
is, and then we can get this new resolution. Yes, ma'am. Let's hear from
this lady.
Ms. Barbara Samet: Yes. My name is Barbara Samet, of Vizcaya Roads
Homeowners' Association. I've spoken before you many times. We're the ones
that instigated the legal action today with John Fletcher, and we implore you
to do something concrete today to help us. We've been fighting for four
years. We've spent $30,000 so not to destroy our neighborhood. We have a
doctor's wife sitting here with her baby. They've spent all kinds of money.
Could you do something today to make it concrete?
i
Mayor Clark: Surely. Well, we're going to try to do it, ma'am, if we could
get you people to agree that this lawsuit will not be...
Ms. Samet: Well, you know, we have to talk to John Fletcher. But anything
you do, I'm sure, is amenable to him.
Mayor Clark: Well, John Fletcher is looking for a client, too, I know, but
that's another case.
Commissioner De Yurre: Well, as long, Mr. Mayor, as we can stay the
proceedings while we're dealing in good faith, I don't see what - you know, we
can respond an answer and leave it at that for the time being.
Mr. Karaty: Mr. Mayor and members of the Commission, I want you to understand
one thing. We have two homeowners' association here, the Miami Roads
Neighborhood Civic Association, which is the original homeowners' association,
and the Vizcaya Roads Association. The Miami Roads Homeowners' Association
has not filed a suit against the City of Miami.
Commissioner Plummer: Yet.
Mayor Clark: Well, who has?
Mr. Karaty: The Vizcaya Roads Association. We entered into a joint agreement
with them originally when we hired John Fletcher for the down -zoning. When it
came down to the last meeting where you denied the acceptance of the study,
they agreed to pursue filing a suit against the City. With my recommendation
and some other recommendations of the board members, we have not filed suit
against the City of Miami.
162 January 13, 1994
Mayor Clark: Well, I think if this Commission moves affirmatively, Mr.
Attorney, with a resolution that is compatible to our thinking, and their
thinking, and the owner's thinking, I think that we can try to resolve this
thing right here.
Mr. Maxwell: Mr. Mayor, if I may, also, I would like you to condition such a
resolution on the City Attorney's office researching to find out if, in fact,
we can accomplish a land swap under conditions, and get around, if necessary,
the competitive bidding and fair market return.
Commissioner Plummer: Yeah, that's a major problem.
Mayor Clark: I don't see...
Commissioner Plummer: That's a major problem.
Mayor Clark: Sir?
Commissioner Plummer: That's a major problem, Mr. Mayor, based on surplus
property.
Mayor Clark: We're going to go as far as we can or I'm going to change my
mind and turn it down.
Commissioner Plummer: Oh, of course, yes.
Mr. Rodriguez: Mr. Mayor, if you proceed in this direction, maybe it will be
important to clarify, on the record, by Mr. Portuondo, their plans on
continuing with the project or not, because at this point, I have - they
pulled a permit today, and they paid $48,000, as he mentioned, and I don't
think that on the record we have anything at this point that he will stop
construction or continue.
Mayor Clark: Do we have your word, Mr. Portuondo?
Mr. Portuondo: Mayor Clark, I can't agree to that. However, I am a
reasonable person, and my client is a businessman, and he's not going to spend
money needlessly. I came here today not knowing what was going to be offered,
or if anything was going to be offered, and to this moment, nothing has been
offered. I can tell you that we will not spend money unnecessarily on
something we're not going to build if, indeed, we see that this thing is going
to move forward, and we are willing to discuss each - I'm not going to stand
here and agree to some sort of moratorium under the circumstances. I'm just
telling you, I'm here to let you know that we're willing to talk, and
everybody's got my phone number, and my address, and all of you know my
client, I think. We're willing to talk, and we're going to go forward with
the building if nothing satisfactory comes out of this, obviously, and we're
willing to have the issue resolved.
Commissioner Plummer: Mr. Mayor, may I inquire?
Mayor Clark: Yes, air.
Commissioner Plummer: Mr. City Manager, they proffered a check only today.
Obviously, their timing was not accidental, it was intended. Do we have to
accept that check?
163 January 13, 1994
Mr. Rodriguez: Well, the permits have been issued already, and we have
been...
Commissioner Plummer: Why would you do, Mr. Manager, that, when you know we
were discussing the item today?
Mr. Rodriguez: Because we were directed by the Law Department in the past
that we could not delay any action on this, because it would be construed by
them as...
Commissioner Plummer: And you accepted it today, knowing fully well that we
were going to be discussing this issue this afternoon.
I Mr. Rodriguez: We cannot stop the applicant from moving, because otherwise,
it might be construed in court - I have been advised by the Law Department -
what we are trying to force the applicant to a solution.
Commissioner Plummer: May I ask a question, sir? Did they apply for the
permits today?
Mr. Rodriguez: I don't have that information over here.
Commissioner Plummer: Usually, the Building Department takes anywhere from
i
two to three weeks to normally issue building department plans.
Mr. Rodriguez: I believe they applied about in - at the end of November or
beginning of December.
Commissioner Plummer: You know, it's just a damn, crying shame that we had
the opportunity to do something before and we didn't do it.
Commissioner De Yurre: Mr. Mayor, so we can wrap this up. If we're dealing
in good faith, which we expect everybody to deal in good faith, and an
expeditious manner, I look forward to something coming to us quickly, within
the next four weeks. By the same token, in negotiating a price, I will, in
dealing in good faith, I will not look to give anything for any amount
expensed from today forward by the developer. So he's on notice to minimize
his expenses, just for the record. That's my position, and dealing in good
faith, because I expect this to happen.
Commissioner Plummer: Oh, yeah.
Mr. Portuondo: Just so the Commissioner knows, we also spent something like
$60,000 in supplies today, so...
Commissioner De Yurre: But that was paid off. When was that done? These are
not the same $60,000 about the sewers now?
Mr. Portuondo: No, it's another material. I just - look, we're not going to
go spending money unnecessarily to drive the price up. Why would we do that?
It wouldn't be a net profit to us, believe me.
Commissioner De Yurre: Because you guys are going to be around for a long
time to come, and so are we.
Mr. Portuondo: We want this thing resolved to everyone's satisfaction.
164 January 13, 1994
Commissioner De Yurre: Good.
Mr. Portuondo: And if somebody calls me tomorrow and starts talking numbers
with me, I'll be happy to talk numbers back.
Commissioner De Yurre: OK. Well, your client received a list through my
office...
Mr. Portuondo: Right.
Commissioner De Yurre: ... of all the property that we own, for him to start
looking around. So I haven't heard from him yet. My office hasn't heard from
him, yet.
Mr. Portuondo: There is, I can tell you, there is no property there that
really jumps out.
Commissioner De Yurre: Well, I have to hear from him.
Mr. Portuondo: OK. I'm just telling you, I mean, that this...
Commissioner De Yurre: OK. So I'm just saying, you know, it's a two-way
street.
Mr. Portuondo: I read in the paper this morning...
Commissioner Plummer: Well, wouldn't it seem logical that the $48,000, if
we're trying to acquire, would not be put into the fund for building permits,
but to be held to use to hopefully acquire? I mean, the building permits are
now going to be issued, which we're hoping they're not going to build, and
that's $48,000 down the drain.
Commissioner De Yurre: Well, we'll give it back to him, if he wants it.
Mr. Maxwell: If - what was that for?
Mr. Rodriguez: That was for a foundation permit.
Commissioner Plummer: For what?
Mr. Rodriguez: Foundation permit.
Mayor Clark: Foundation permit.
Commissioner Plummer: Which doesn't...
Mr. Maxwell: If I may, Commissioner, one other thing the resolution would
have, if you would be so kind as to include, would be authorization and
approval for necessary appraisals to be made on the property, which would
require an expenditure. And secondly, something you need to be aware of.
Vizcatran is party to an agreement with the City which makes available to the
City, at this, time $350,000. That money is being held in an escrow account
at Ocean Bank. So that's monies that you have available that, if not
contested by Vizcatran, could be applied in this situation, if you so choose.
Mr. Portuondo: Look, let me help the Commission a little bit, because no one
has called me till this moment. There is, I believe, with some diligence and
165 January 13, 1994
effort, already sitting out there like $750,000 that can be used. There's 300
in cash sitting there, there's a debt of $50,000 that can be cancelled, and
then if the City can do something with the existing mortgage on the property,
like take over it or something, right there, you're already like up to 750.
This thing can be done if people will work at it, and we're willing to work at
it.
Mayor Clark: Well, I think that we're looking at your good faith, and you're
looking at our good faith, and the people out there that represent it. Mr.
Attorney, now you keep bouncing the ball back to us. Now, what are you going
to do?
Mr. Maxwell: Your direction to me is to come back to you with a resolution.
The resolution can be prepared subsequent to this meeting, based on the
transcripts from the Clerk's office of this meeting that incorporate all the
directions you give us. All you need right now is a vote that would include
the items that we were requested, and your direction would be put into
resolution form.
Mayor Clark: That what - Mr. De Yurre, we're not desirous of having a
building on that property down there?
Commissioner De Yurre: That's right.
Mayor Clark: Exactly.
Commissioner De Yurre: And for us to nego - Mr. Mayor, just to put it
simply, for us to negotiate with the owner of the Vizcatran property for the
acquisition of that property, and for it to be paid in kind with other
property, if possible, and/or cash, and to come to an agreement as to what the
price is.
Mayor Clark: In addition to that, in good faith, Mr. Portuondo, I would not
proceed. Even though you may have a building permit and everything else, I
would not proceed, because that keeps pushing the edge. That's like rubbing
salt into the wound, right there. And I wouldn't appreciate that at all. I
don't think you would, or your clients.
Mr. Portuondo: We wouldn't do that, Commissioner.
Commissioner Plummer: For the record, Mr. Mayor...
Mr. Portuondo: You have my word, we would not do anything to jeopardize or
raise any expenses, but it's got to happen quickly.
Mayor Clark: We're trying to work this thing out. It's a very knotty
problem. I get saddled with this thing after eight years. I never knew a
damn thing about it before then, but I know about it now. God Almighty, do I.
Commissioner Plummer: Mr. Mayor, may I ask of the attorney, are you at
liberty, sir, to say what your client paid for the property? I mean, it's
public record.
Mr. Portuondo: I don't know what the client paid for the property. I wasn't
representing him back then.
166 January 13, 1994
Commissioner Plummer: I would ask you to impart it to the management so they
can get it to us, so we'll know what ball park we're talking in. It's public
I record.
Mr. Portuondo: Well, we'll show them the numbers, I mean, Commissioner.
Commissioner Plummer: Thank you.
Mayor Clark: Thank you. Now, you have the word of Mr. Portuondo. He's going
to status quo. Right, Mr. Portuondo? You're not moving forward with concrete
trucks and everything else.
Mr. Portuondo: You're making it really difficult. Mayor, I'm not going to do
anything that's going to be a waste of time, I promise. I'm not going to do
anything that's going to run up the expenses, I promise, assuming that these
things start immediately.
Mayor Clark: I think he's proceeding in good faith. I hope that...
Commissioner Plummer: Well, there's an easy way. If they do, all deals are
off.
Commissioner De Yurre: So moved, Mr. Mayor.
Mayor Clark: Sir?
Commissioner De Yurre: So moved.
Mayor Clark: You move that resolution?
Commissioner De Yurre: Yes, sir.
Mayor Clark: Is there a second to it?
Commissioner Plummer: I'm sorry, I think I - what does the resolution say?
Commissioner De Yurre: Again, to take steps in good faith by all parties to
negotiate to acquire the property known as Vizcatran, and either to pay in
cash and/or other land with a swap to come up with whatever price we
i
determine.
Mayor Clark: if not, then...
Mr. Rodriguez: Mr. Mayor.
Mayor Clark: Yes, sir.
I i
j Mr. Rodriguez: Can we... i
i
Mr. Portuondo: Appraisals?
1
Commissioner De Yurre: Well, of course.
i
Mr. Rodriguez: Can we incorporate in the resolution also that the
Administration be ordered to have appraisals on the property so you have a...
167 January 13, 1994
Commissioner De Yurre: Oh, certainly.
Commissioner Plummer: I have no problem with that.
I
Mayor Clark: Mr. Gort.
Commissioner Gort: That would come to us for a final decision, right?
Commissioner Plummer: Of course, it has to.
Commissioner De Yurre: Of course, yeah.
Mayor Clark: It will eventually.
Commissioner Plummer: It has to.
Mr. Maxwell: I'm sorry, when do you want it back before you?
Commissioner Plummer: Sometime within the next eight years.
Mr. Maxwell: Given that we have to get the appraisals, they may not be ready
by 30 days from now, so we need enough time...
Commissioner De Yurre: As soon as you can. OK?
I
Mayor Clark: As soon as you can. Now, Mr. Portuondo, we respect you. You're
a fine attorney. You got good clients and everything else, but just bear with
us, because we have to live with you and everyone else in this community, and
we're trying to do equity, we're trying to do justice here for all the people
that live in that area.
Mr. Portuondo: I agree to give you 100 percent cooperation, Mayor Clark.
Mayor Clark: Thank you, sir.
Vice Mayor Dawkins: Sir, would you, when you come in now, please come in with
an appraisal. Don't let us go get appraisals, and then you don't have
anything, and say, "Well, no, I want to get an appraisal," and then we're
going to have to...
Mr. Portuondo: I will provide the City anything it asks me.
Vice Mayor Dawkins: OK. Thank you.
Mr. Portuondo: Thank you very much.
I Mayor Clark: All right. We've got a motion and a second by Mr. De Yurre and
I Mr. Plummer. Is that right, Mr. Plummer?
Commissioner Plummer: Yeah, fine, sir.
Mayor Clark: Call the roll, Madam Clerk.
i
168 January 13, 1994
The following motion was introduced by commissioner De Yurre, who moved
its adoption:
RESOLUTION NO. 94-41
A RESOLUTION (being drafted by the Law Department.)
169 January 13, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
(APPLAUSE)
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59. PERSONAL APPEARANCE: REPRESENTATIVES FROM MORNINGSIDE CIVIC ASSOCIATION
ZONING / CODE ENFORCEMENT COMMITTEE -- TO DISCUSS UPGRADING CODE
ENFORCEMENT FOR COMMERCIAL BUILDINGS IN NORTHEAST SECTOR OF CITY,
SPECIFICALLY FOR INTRODUCING PAINTING AND SIGNAGE REQUIREMENTS.
Mayor Clark: What else do we have, Mr. Manager?
Commissioner Plummer: Forty-four.
Commissioner Gort: Morningside Civic Association.
Mayor Clark: Forty-four, gentlemen.
Ms. Sherna Brody: Mr. Mayor, I'd like to be recognized to make a statement on
44.
Mayor Clark: Yes, ma'am, go right ahead. Give us your name.
Ms. Brody: My name is Sherna Brody. I live at 530 Northeast 57th Street.
Mayor Clark: Folks, please, we got a meeting going on.
Ms. Brody: You have received a letter that required this item on the agenda.
I wrote the letter on behalf of the Morningside Civic Association. I've been
living there since 1942. My parents were in the home over there when I was
born, I lived there. When I got married, I bought another house with my
husband, Al, over there. We've been good citizens, and taxpayers, and as the
Civic Association has continuously met, we have raised the question of why we
can't ask stricter code enforcement from the commercial section that's defined
as starting on the north at Miami Shores, going down to 36th Street, on the
east, by Biscayne Boulevard, and going on the west to 7th Avenue. We feel
that since we're homeowners in that immediate vicinity, that we need to
improve our commercial district, and we feel that the boulevard is a nice
place to start. But the truth is the sector takes in a lot more than the
boulevard. And immediately west of Miami affects us, as we affect them. And
we feel that the people who make their living from renting warehouses, renting
apartment houses, and anything to do with commercial stores should have to
170 January 13, 1994
have better quality signage and have to paint their buildings. Now, I spend a
lot of my days on Miami Beach. We also have property on Lincoln Road, and for
many, many years now, I've been extremely active, not with this City
Commission, but with that City Commission, and we're getting ready to probably
roll on Wednesday with what could be a $20,000,000 improvement package for the
City area of Lincoln Road. They're very strict on code enforcement now. They
had many, many years of serious blight, and I see that it can have a silver
lining. I mean, you don't have to .live with urban blight. You can do things
about it, and it doesn't have to just be little sprinklings of HUD (Housing
and Urban Development) money here and there. It can be a determination on the
part of the City fathers and City mothers to tell people they have to do
better. You know, they have to take responsibility as people who accept rent
to paint their buildings. And what I'd like to see happen here today is some
commitment on the part of the Commission to review this possibility, to see if
we can't strengthen up our code, at least in that section, as an example to
the rest of our City, and maybe it will become a City feature of Miami that
we'll be known as the City with the strongest and best looking commercial
section. We go all the way down to the airport, and we pass all kinds of
places that just really give an impression to travellers and to the public who
live here of a rundown City, and this is not the future that I hope to be a
part of.
Mayor Clark: Mr. Manager, do you have a response for the lady?
Mr. Cesar odio (City Manager): Yes, sir. I wanted to - we tried to meet with
her prior to today. I think what she wants, one of the things that she wants
is appearance codes. In other words, painting, things like that. And we have
to have the Planning Department work with her and see what we can come back
with.
Mayor Clark: They have one in Coral Gables, don't they?
Mr. Odio: Yes, sir. You have to get approval of paint colors and et cetera.
Mayor Clark: Well, at least paint, keep the thing painted, regardless of
color.
Mr. Odio: Right.
Ms. Brody: That's more - my position is that these places have to be
presentable. I'm not so serious that it should be one shade or another.
Mr. Odio: We do have a facade program.
Commissioner Gort: You don't want extremes.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, can the - this is part of the NET (Neighborhood
Enhancement Team) in the Northeast Sector. Can they request planning to, and
work with the... Are you aware of the NET? Have you ever worked with the NET
office, there?
171 January 13, 1994
Commissioner Plummer: But it's deeper than that.
Ms. Brody: I'm sorry not to have been able to work with any other office.
This is an outgrowth of the Civic Hoard.
Commissioner Gort: OK. one of the things that we have done, we have
Neighborhood Enhancement Teams, which is the City Administration at a
neighborhood level. My suggestion is get together with your neighborhood NET,
and they can begin the whole thing out of there.
Mayor Clark: Planning Board study for
Mr. odio: Yes.
Mayor Clark: ... this lady.
Ms. Brody: Would I be able to receive some information as to who they are?
Mr. odio: Yes.
Mayor Clark: Absolutely.
Cammissioner Gort: Yes, ma'am. At the same time, for your information, we...
Mayor Clark: Go right over and talk to the lady now.
Commissioner Plummer: I also think that you ought to try to get the
Administration under Community Development, that there are funds available for
storefronts to be redone, and for replacements, and things of that nature.
other than that, I think you're going to have a rough road to hoe, to try to
make a man who doesn't give a damn about his building start giving a damn.
Ms. Brody: But if the City actually approved that...
Commissioner Plummer: So if you give an incentive where he has low dollars
that he can buy to repaint the front of his building, or fix it up, and put
new awnings, and stuff like that, which I think there are still funds
available, that that would be an incentive to get him to do it.
Mr. Odio: Yes.
Mayor Clark: Thank you, ma'am. Get together with this lady.
Ms. Brody: OK. Thank you.
Mayor Clark: Thanks so much.
172 January 13, 1994
------------------------------------------------------------------------------
60. PERSONAL APPEARANCE: MR. THELBERT JOHNAKIN, CHAIRPERSON OF MODEL CITY
CRIME PREVENTION SUB -COUNCIL AND TASK FORCE -- TO REQUEST STATUS REPORT
REGARDING: (1) CRIME WATCH ON WHEELS; (2) IMPROVEMENTS TO BE MADE ON THE
NORTH DISTRICT SUBSTATION BUILDING, AND (3) THE PUSH OUT THE PUSHER
(P.O.P.) UNIT.
------------------------------------------------------------------------------
Mayor Clark: What item do we have now?
Commissioner Plummer: Mr. Johnakin.
Ms. Matty Hirai (City Clerk): Forty-five.
Commissioner Plummer: Forty-five.
Mayor Clark: Yes, sir.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin. Number is 1345
Northwest 51 Street. I'm the Chairperson of the Model City Crime Prevention.
This is a City of Miami Police Department program. While waiting to be called
i before you, I met with some of your City people, and I have been assured that
someone will be working on the problems, the complaints that I have been
complaining on for quite a while, and perhaps starting tomorrow or the first
of the week. I left a summary of the Crime Watch with you. I also left you a
letter with all the complaints that we have been complaining about. I'm going
to take their word that they're going to be working with us and getting the
things corrected or fixing the problem that we're having at the North
Substation. My concern, Commissioners, Mr. Mayor, is safety. If you find
what I am doing, you will find out that it's what you call crime prevention,
and that is what it's about, crime prevention. So I'm going to leave it, and
I want to thank each of you again for allowing me to appear in front of you,
and hopefully, God, that everything is going to work right this time.
Mayor Clark: Pleasure, sir. Thank you for being here.
Commissioner Plummer: Mr. Johnakin, sir, I hope you live long enough, which
means you will have long life, when the improvements to that substation are
completed.
Mayor Clark: Thank you, Mr. Johnakin. Thank you.
Mr. Johnakin: Well, they know I will be back in 30 days.
Mayor Clark: Yes, sir.
Mr. Johnakin: They know that.
Mayor Clark: Thank you, sir.
Commissioner Plummer: And for the record, sir, you look great, after all of
the medical problems. You look great.
173 January 13, 1994
Mr. Johnakin: Thank you.
Mayor Clark: You were awful sick for a while, awful, down quite a ways.
Commissioner Plummer: Thank God.
Mr. Johnakin: Thank you, thank you.
------------------------------------------------------------------------------
61. ADOPT LEGISLATIVE PACKAGE PREPARED BY INMRGOVERNMENTAL AFFAIRS.
Mayor Clark: All right. What other item do we have?
Commissioner Plummer: Forty-seven is the last.
Mr. Cesar Odio (City Manager): Forty-seven.
Commissioner Plummer: The best item of the day, the last one. Uh-oh. Uh-oh.
I know we're in trouble when our lobbyist comes dressed all in black.
Mayor Clark: Mikki, what do you need?
Ms. Mikki Canton, Esq.: I always dress in black, whether it's good or bad.
Mr. Mayor and Commissioners, it is really a pleasure to stand before this
Commission and just update you on a few items that I think are of great
importance to you. For the record, my name is Mikki Canton, and I am an
attorney with the law firm of Holland and Knight, with offices at 701 Brickell
Avenue, and we serve as special legislative counsel to you, to the City of
Miami. We have received from your Governmental Affairs Office a packet of
your priorities for the upcoming 1994 legislative session, and as every year,
we've been working closely with Mr. Perez-Lugones to revise and make sure that
we are on the right track as far as sponsorships, et cetera. You have within
your packet, I believe, a series of documents which reflect the priorities.
Most of them are substantive legal issues, and rather than go into intense
discussions about them, we have traditionally worked very closely with your
City Attorney's Office, and are willing and happy to continue doing that. But
my main reason for standing here before you today is not so much to review
this. You all know internally what you need to do. But not only as your
counsel in Tallahassee, but also as your attorney, I feel that this particular
session mandates that this City Commission be more visible than ever in
Tallahassee. There is a tremendous amount of energy being promoted towards,
on the issue of crime in Tallahassee. It is not just an initiative from the
City of Miami, even though we have had our share of publicity, as far as our
crime situation, which tends to be inflated, but, unfortunately, does garner
tremendous news. I think we should turn that energy around and became the
champions of whatever crime fighting is going to be taking place in
Tallahassee. I think this City Commission is uniquely positioned now to take
a very proactive role this year during the session. And although that packet
that you have in front of you is very important, I think the main issues that
you need to be concerned with, in terms of being proactive, is the issue on
174 January 13, 1994
crime, because I meet constantly with people in Tallahassee, people throughout
the State, the League of Cities, and the crime issue is over and over before
me. And I would like Miami to work with me, as your counsel, and get up to
Tallahassee, and definitely do what we have to do, which is to work with our
legislators, the Governor and the Cabinet, to show that we're not just trying
to work very hard internally, which we are, but also that we're going to
assist them. I have received from the Mayor's Office the Florida Urban
Partnership Resolution. This is a resolution that has been signed by mayors
and police chiefs from numerous, numerous cities in the State of Florida.
Just to name a few, the Fort Lauderdale Mayor, Jacksonville, Miami, Orlando,
Saint Pete, et cetera. I think that you all need to look at this carefully.
It's the same issues over and over again, fighting crime, and designate
amongst you a person who will be your champion in Tallahassee.
Mayor Clark: Here they are. Here they are, right here.
Ms. Canton: Continue doing that. And that Commissioner Dawkins has been your
awareness Commissioner for the past - what? - three, four sessions.
Mayor Clark: And now Commissioner Gort's going to be there. They're all
going to be, they're all going to be there.
Ms. Canton: Well, I would encourage, really, all of you. The session is
going to be very, very heated. There's going to be hurricane relief money
issues. We're taking care of that for you. You did very well last year, so I
would tell you just to keep on working with us. But I implore you to take a
very active role this year, because Miami is well respected, and we need to
get going on this.
Mayor Clark: Mikki, can we amend this, our packet so I can include this in
the package?
Ms. Canton: Yes, sir. You can include anything you want. What I would ask
you is, please don't include it in the middle of the session, because what
happens, as Commissioner Dawkins knows, it gets very wild up there. It's like
the Roman chariot races, and if we try to put anything in while the process is
going, it just gets crazier. And... We do, right, but it's just not good to
do that.
Mayor Clark: Very good.
Commissioner Plummer: Question.
Ms. Canton: Sir.
Commissioner Plummer: Have you prefiled any bills or got any bills prefiled
on behalf of the City of Miami for anything?
Ms. Canton: Miami has not prefiled bills, because you don't have initial
bills to file. What we have is a lot of amendments, which are then attached
to a vehicle which is, to go into the technical lingo, you find a statute that
you need to amend, you find a bill that has been already filed on that
statute, and you go ahead and you attach your amendment. You don't have any
new initiatives. Therefore, you don't need to go and start filing brand new
175 January 13, 1994
bills that are not going to go anywhere. You do it very concisely, you do it
carefully. You find the vehicle that is moving in the right direction, and
then at that right time, you attach your amendment, and you get it through.
Commissioner Plummer: Mikki, my problem is, you know, to fight crime today is
motherhood, hotdogs and apple pie, and Chevrolet. If you don't, in my
estimation, go to the legislature with some kind of a package delineating
exactly what you're looking for, you're not going to win.
Ms. Canton: I agree.
Commissioner Plummer: Now, that's my opinion. If you go up there and try to
tag on and dovetail on somebody else's bill - when you say, "Let's do it for
the City," I agree. But I think that this Commission has got to formulate for
you some package that we're looking for, whether it's dollars, it's manpower,
or what. Because just to say, "We're going to go up there and look for help
to fight crime," they're going to say, "In what way?"
Ms. Canton: Commissioner, I agree totally. However, there are several
initiatives already in place, and I think it might be a good idea if we worked
with your City Attorney and with all of you to see exactly what issues are in
place. But I think you should definitely formulate your own package, because
there's a certain amount of ownership there, where this is ours.
Commissioner Plummer: That's the only way you'll win.
Ms. Canton: And that is - and you can do that easily, and we'll just go ahead
and work with you on it.
Commissioner Plummer: Other question: Other than the main of crime, is there
any other possible funds that you know of that we might be wanting to apply
for?
Ms. Canton: Oh, absolutely, and you are. You have several grants in place.
There are agency grants. The days of the famous turkeys, when we would cane
in and say, "We need 500,000 for the senior citizens center," no matter how
good that was, and we would get it, are gone. You have to go through the
agency process. In other words, you have to go through HRS (Housing and
Rehabilitative Services), we have to go through Education, Agriculture, what
have you. The City does have them in place. And every year, as you know, as
the session starts moving, we work for you to find areas that we can get in
on.
Commissioner Plummer: Two areas of concern: Number one, the area of dollars
for possible tourism. Are there any bills that you know of that we could
apply towards to get grants of money for tourism?
Ms. Canton: There is a - there are several categories right now that are
being revised as we speak in the Department of Commerce. There are funds that
are being set aside, not specifically for tourism, but for economic
development, and you can...
Commissioner Plummer: That's my second point. We read, with interest, that
the Department of Commerce might be disbanding, as we know it presently, and
176 January 13, 1994
that's why I wa trying to make sure that we move in, if, in fact, this is
going to be reorganized, catch them in their state of chaos, and try to come
back with the bacon to Miami.
Ms. Canton: Well, I met with the newly appointed Secretary Dusseau last week.
Commissioner Plummer: Who we all know.
Ms. Canton: And I assure you that everyone is aware of what's being proposed
in terms of the department. However, that is not going to impact us, because
we've already laid the ground work for what we're doing. Even if the
department were to be dismantled, there are a - I don't think that's going to
be something that's going to happen over - well, maybe I'm wrong, but I don't
think so, because there are a lot of different points of view on that issue.
Commissioner Plummer: OK.
Ms. Canton: A lot.
Mayor Clark: Thank you, Ms. Canton.
there, Mikki, and thank you so much.
Ms. Canton: Thank you.
Mayor Clark: Great job. Go ahead.
Ms. Canton: If I may have a resolution.
Any further questions? We'll be up
Mayor Clark: Yeah. Moved by Mr. Dawkins, seconded by Mr. Gort. And you word
the resolution.
Commissioner Plummer: Do I dare ask what the resolution is?
Ms. Canton: Adopting the...
Vice Mayor Dawkins: We will let you see it after we sign it.
Commissioner Plummer: OK.
Ms. Canton: No surprises. Thank you.
Vice Mayor Dawkins: That's the resolution of support.
Mayor Clark: Cast a unanimous ballot, Madam Clerk. Thank you, Ms. Canton.
Vice Mayor Dawkins: Nothing more than a resolution of support.
177 January 13, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOIWION NO. 94-42
A RESOLUTION, WITH ATTAr(S), SUPPORTING THE CITY
OF MIAMI'S PACKAGE OF PRIORITY ISSUES FOR THE UPCOMING
1994 LEGISLATIVE SESSION, ENTITLED "THE CITY OF MIAMI
FUNDING/LEGISLATIVE ISSUES, 1994", ATTACHED HERETO AND
INCORPORATED HEREIN.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
62. (Continued) AUTHORIZE FUNDING OF THE CRIME PREVENTION PROGRAM --
ALLOCATE $100,000 FROM LAW ENFORCE1ENT TRUST FUND (LETF) . (See label 2 )
------------------------------------------------------------------------------
Mayor Clark: Item 23.
Commissioner Plummer: I got one emergency item.
Mayor Clark: Item 23.
Commissioner Plummer: I got one.
Mayor Clark: The City Commission adopt the funding of the Crime Prevention
Program in the amount of $100,000. Mr. ...
i
178 January 13, 1994
Vice Mayor Dawkins: So moved.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: Moved by Mr. Dawkins. Is there a second?
Commissioner Plummer: I'm sorry, what is this?
Mayor Clark: It's number 23.
Mr. Odio: Crime Prevention Program, the LETF (Law Enforcement Trust Fund).
Commissioner Plummer: Oh, all right. And for the record, Mr. Mayor, I have
been provided with where that money is going, and just for our own
edification, to supply to each and every one of you. For example, $70,000
went to the criminal justice system. I ask them to please tell me how many -
how much other people around this community, if any, are donating to the like
cause, or are we the only ones?
Mayor Clark: I think we're the only ones, really and truly.
Commissioner Plummer: Well, I think that that's crazy if, in fact, it is so.
Mayor Clark: All right. There's no eXceptions. We cast a unanimous ballot
on that item.
i
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 94-43
A RESOLUTION AUTHORIZING THE FUNDING OF THE CRIME
PREVENTION PROGRAM AND ALLOCATING FUNDS THEREFOR, IN
AN AbK7W NOT TO EXCEED $100,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURES) HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATE STATUTE 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
179 January 13, 1994
------------------------------------------------------------------------------
63. AUTHORIZE CITY MANAGER TO EXTEND CONTRACT WITH MET CONSTRUCTION, INC. --
TO CaAPLETE EMERGENCY WORK (REQUIRED BY FIRE MARSHALL) IN THE AT&T
AMPHITHEATER IN BAYFRONT PARK.
Mayor Clark: Other items to be considered?
Commissioner Plummer: Mr. Mayor, I have - are we now on emergencies?
Mayor Clark: Whatever.
Commissioner Plummer: This is the one that I brought to your attention. A
resolution with attachments authorizing the City Manager to extend the
contract with MET Construction to complete emergency work required by the City
of Miami Fire Marshall, in the AT&T (American Telephone and Telegraph)
Amphitheater in Bayfront Park, located in Bayfront Park, a subdivision of
Section 37, Township 54 South, Range... Would you pass these out, Brian,
please. Further authorizing the City Manager to increase said contract in an
amount not to exceed $50,000; with funds therefor being allocated from capital
improvement programs. This comes with the approval of the Manager, and, Mr.
Mayor, at this time, I so move.
Mayor Clark: Is there a second? Any discussion? Hearing none, cast a
unanimous ballot, Madam Clerk. You'll have a copy of the resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 94-44
A RESOLUTION, WITH ATTAa-RMU(S), AUTHORIZING THE CITY
MANAGER TO EXTEND THE EXISTING CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH MET
CONSTRUCTION, INC. TO COMPLETE EMERGENCY WORK REQUIRED
BY THE CITY OF MIAMI FIRE MARSHAL, MORE PARTICULARLY
SET FORTH IN EXHIBIT "A", ATTACHED HERETO AMID
INCORPORATED HEREIN, AT THE AT&T AMPHITHEATER, LOCATED
IN THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK;
FURTHER AU MATING FUNDS THEREFOR, IN AN ANDUNT NOT TO
EXCEED $50,000, FROM THE CAPITAL IMPROVEMENT PROJECTS
PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
180 January 13, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
64. DISCUSSION CONCERNING FEES CHAR® TO SIDEWALK CAFES ON S.W. 8 STREET
(CALLE OCHO) AND IN COCONUT GROVE.
Mayor Clark: Anything further?
Commissioner Plummer: Mr. Mayor, I'd would only like to ask a question. I
read with interest today in the paper, Mr. Manager, which was a fast maneuver,
formerly tried to be outmaneuvered by Mr. Clark's former colleague. There is
an article in reference to the E1 Pub Restaurant. Now, Mr. Mayor, Mr.
Manager, at the time when I brought this before the Commission, I asked you,
sir, to look into the sidewalk cafe; that it was unfair, in my estimation,
when I brought it before this Commission to charge Calle Ocho sidewalk cafes
the same price that you were charging Coconut Grove; and that there should be
some kind of a formula devised where it was either on revenue or gross
revenue, and there was somebody around here who tried to make a five-year
plan, where three years were excused as free, and two years into the future.
The man now awes 35 - Mr. Manager, hello?
Mayor Clark: Who owes 35,000?
Commissioner Plummer: Mr. El Pub Restaurant owes around $35,000, which he
says he doesn't have the money. But I think something has got to be worked
out, because, see, every day he continues to exist today, he is illegal. Now,
again, as I requested of the Management before, and I will request again, to
try and find an equitable and fair formula that would address that the people
on Southwest 8th Street can't pay the same fees that they're paying on Coconut
Grove. I said gross. Maybe there is a better way of doing it that's a fair
way. But as I said before, with E1 Pub Restaurant, when I go there to eat -
and you threatened me, don't go back until this matter was resolved, and I
haven't, OK? - that, sir, when I go there to eat, I pay. When they have
sidewalk cafes, they pay. But pay like I do, and that's fair. So I - Mr.
Manager, Mr. Mayor, bringing that to the Administration, hopefully, to try to
rectify that scenario.
Mr. Cesar Odio (City Manager): I will bring it back in the meeting of March.
181 January 13, 1994
Commissioner Plummer: Thank you, sir.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: I'd like to add, there's a group of individuals,
especially, and they're going to be working within the NET (Neighborhood
Enhancement Team) system. They would like to see the improvement and create
more sidewalk cafes into the area to attract people in the area. But I agree
with J.L., they cannot pay the same thing.
Cc mi.ssioner Plummer: No way.
Commissioner Gort: I think this could be a pilot program that we should maybe
think of some way we can waive something or...
Vice Mayor Dawkins: You know...
Commissioner Plummer: I said by gross.
Vice Mayor Dawkins: I'd like to make one statement.
------------------------------------------------------------------------------
65. APPOINT INDIVIDUAL AS MEMBER OF THE CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD. (Appointed was: Rev. Freeman
Wyche.)
------------------------------------------------------------------------------
j Mayor Clark: Hold it, just a moment. I have an appointment to the Citywide
Community Development Block Grant Advisory Board, Reverend Freeman Wyche. Do
lyou know Reverend Wyche?
Vice Mayor Dawkins: So moved.
Mayor Clark: Second. Cast a unanimous ballot.
182 January 13, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 94-45
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR A TERM EXPIRING SEPTEMBER 1, 1995.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
Mayor Clark: Now, what's the other item?
Vice Mayor Dawkins: I'm just going to say that I hope that eventually,
Commissioner Gort and the NET program will get me off the Commission, because
every time I come here, he's talking about how good NET program is and what
he's doing. So eventually, I won't be here, it will all be NET.
Commissioner Gort: Right.
Mayor Clark: That'll be all right.
Commissioner Plummer: Give him time.
Commissioner Gort: You'll see him.
Commissioner Plummer: Give him time.
Mayor Clark: The show is adjourned before 11:00, Madam Clerk. J.L., do you
know that ten years ago, if you had talked about a sidewalk cafe, they would
have put you in jail?
Commissioner Plummer: Oh, yeah.
Mayor Clark: Because of all the diseases out there, the flies and everything
else.
Vice Mayor Dawkins: Move to adjourn.
183 January 13, 1994
THERE BEING NO FURTHER
4ffSSION, THE MEETING QURNFI? AT WAS AW BUSINESS
C:C4:14 P.M. TO COME BEFORE THE CITY
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
I KU
- r
I
ti
184
January 13, 1994