HomeMy WebLinkAboutCC 1994-03-24 MinutesMATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
March 24, 1994
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS, AND R 94-137 2-6
SPECIAL ITEMS. 3/24/94
(A) PROCLAMATION: WOMEN
EMPLOYEES OF THE CITY OF MIAMI.
(B) PRESENTATION: LEISURE
MANAGEMENT OF MIAMI.
(C) PROCLAMATION: LITTLE HAITI
HOUSING ASSOCIATION DAY.
(D) COMMENDATIONS: LAURETTA
BROWNE AND KAMEISHA MONROE ("DO
THE RIGHT THING").
(E) COMMENDATION: EDMUND
BENSON -- SELECTED BY CHOICE
HOTELS AS "CHOICE CHAMPION."
(F) ADOPT THE SONG "MY, MY, MY
MYAMI," PRESENTED BY PHILIP
MICHAEL THOMAS AND KATHY RAHILL
AS THE OFFICIAL SONG OF THE CITY
OF MIAMI.
2. CITY ATTORNEY SEEKS CLARIFICATION DISCUSSION 7-8
FROM CITY COMMISSION CONCERNING 3/24/94
ORDINANCE 11114 "ORDER OF
BUSINESS AND RULES OF PROCEDURE"
(AS IT RELATES TO "POCKET" OR NON
AGENDA ITEMS)-- POLICY RESTATED
THAT POCKET ITEMS SHOULD COME UP
AFTER 8:00 O'CLOCK OR AT THE END
OF THE MEETING, AND THAT THEY BE
LIMITED TO TWO (2) PER
COMMISSIONER.
3. CONSENT AGENDA. DISCUSSION 8-12
3/24/94
3.1 PURCHASE 24 OFFICE CHAIRS (UNDER R 94-138 12
EXISTING DADE COUNTY CONTRACT NO. 3/24/94
1072-1/95) FROM OFFICE
CONNECTION -- FOR DEPARTMENT OF
GSA & SOLID WASTE.
3.2
PURCHASE 11400 LAW ENFORCEMENT
R 94-139
HANDBOOKS FROM METRO DADE COUNTY
3/24/94
POLICE DEPARTMENT -- FOR POLICE
DEPARTMENT.
3.3
PURCHASE AVIATION FUEL (UNDER
R 94-140
EXISTING DADE COUNTY. BID NO.
3/24/94
2716-1/93/1) FROM HUSTA
AVIATION -- FOR POLICE
DEPARTMENT -- ONE YEAR CONTRACT,
WITH OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS.
3.4
PURCHASE FOUR ADDITIONAL HAND
R 94-141
HELD COMPUTERS, PERIPHERALS, AND
3/24/94
DEVELOP PROGRAly.04ING SYSTEM FROM
UCS, INC. -- FOR FIRE -RESCUE
DEPARTMENT -- ONE YEAR CONTRACT,
WITH OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS.
3.5
ACCEPT BID: FLOYD PRICE D/B/A
R 94-142
HI -TECH ADVERTISER -- FOR
3/24/94
FURNISHING OF MAILING SERVICES --
FOR DEPARTMENT OF GSA & SOLID
WASTE -- ONE YEAR CONTRACT, WITH
OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS.
3.6
ACCEPT BID: TOTAL AIR SERVICES
R 94-143
INC. -- FOR FURNISHING FULL
3/24/94
MAINTENANCE SERVICE TO THE AIR
CONDITIONING SYSTEM AT COCONUT
GROVE CONVENTION CENTER -- FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS & PUBLIC
FACILITIES -- ONE YEAR CONTRACT,
WITH OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS.
3.7
ACCEPT BIDS: (a) EXIDE
R 94-144
CORPORATION, (b) BATTERY SALES,
3/24/94
INC., AND (c) SOUTHERN BATTERY OF
MIAMI -- FOR FURNISHING
AUTOMOTIVE BATTERIES -- FOR
DEPARTMENTS OF GSA & SOLID WASTE,
AND FIRE -RESCUE -- ONE YEAR
CONTRACT, WITH OPTION FOR
EXTENSION OF CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
12-13
13
13-14
14
15
15-16
ml
El
3.8
ACCEPT BID: TROPICAL NATURAL
R 94-145
16-17
WATER COMPANY -- FOR FURNISHING
3/24/94
WATER SERVICE TO VARIOUS CITY
DEPARTMENTS -- (ONE YEAR CONTRACT
WITH OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS).
3.9
ACCEPT BID: LAWRENCE FENCE
R 94-146
17
COMPANY -- FOR FURNISHING /
3/24/94
INSTALLING CHAIN LINK FENCING AT
LEGION PARK -- FOR DEPARTMENT OF
PARKS & RECREATION.
3.10
ACCEPT BID: MURRAY FENCE
R 94-147
17
COMPANY -- FOR FURNISHING /
3/24/94
INSTALLING STEEL PICKET FENCING
AT LEGION PARK -- FOR DEPARTMENT
OF PARKS & RECREATION.
3.11
ACCEPT BID: AGILE COURTS,
R 94-148
17-18
INC. -- FOR RESURFACING OF TENNIS
3/24/94
AND BASKETBALL COURTS AT
ALLAPATTAH-COMSTOCK PARK -- FOR
DEPARTMENT OF PARKS & RECREATION.
3.12
ACCEPT BID: ARISTON, INC. -- FOR
R 94-149
18
FURNISHING / INSTALLING DECAL
3/24/94
MARKINGS FOR NEW POLICE PATROL
VEHICLES -- FOR DEPARTMENT OF GSA
& SOLID WASTE -- OPTION FOR
EXTENSION OF CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
3.13
ACCEPT BID: CAMERA CORNER,
R 94-150
18-19
INC. -- FOR FURNISHING
3/24/94
PHOTOGRAPHIC CAMERAS AND
ACCESSORIES -- FOR POLICE
DEPARTMENT.
3.14
ACCEPT BID: AMERICAN LIGHTING
R 94-151
19
MAINTENANCE, INC. -- FOR WILLIAMS
3/24/94
PARK REDEVELOPMENT, B-2981-B (CIP
331351) -- EXECUTE CONTRACT.
3.15
ACCEPT BID: D.E. GIDI &
R 94-152
19-20
ASSOCIATES CORPORATION -- FOR
3/24/94
LUMMUS PARK REDEVELOPMENT -
SITEWORK PROJECT B-6203 (CIP
331042) -- EXECUTE CONTRACT.
ml
3.16 ACCEPT BID: RINGSIDE PRODUCTS, R 94-153
INC. -- FOR FURNISHING OF BOXING 3/24/94
SUPPLIES TO DEPARTMENT OF
POLICE -- ALLOCATE FUNDS FROM
LETF.
3.17 SUPPORT HAITIAN YOUTH DEVELOPMENT
R 94-154
PROJECT - VOLLEYBALL COMPONENT OF
3/24/94
THE FRIENDS OF HAITI NATIONAL
FOUNDATION, INC. -- ALLOCATE
FUNDS FROM LETF.
3.18 ACCEPT GRANT FROM METROPOLITAN
R 94-155
DADE COUNTY ($80,427.16) -- FOR
3/24/94
CONSTRUCTION OF ELEVATOR AT MIAMI
CITY HALL TO ACCOMMODATE
PHYSICALLY DISABLED PERSONS AND
TO PRODUCE A TELEVISED PUBLIC
AWARENESS PROGRAM -- EXECUTE
INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY.
3.19 SUBMIT GRANT
APPLICATION
R 94-156
($25,000) -- FOR
CONDUCTING
3/24/94
PROJECT TO RESTORE
URBAN TREE
CANOPY AND OBTAIN
URBAN TREE
INVENTORY ALONG CITY
STREETS AND
RIGHTS -OF -WAY UNDER
"HURRICANE
ANDREW URBAN REFORESTATION GRANT
PROGRAM" OF THE
FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES,
FORESTRY
DIVISION -- EXECUTE
NECESSARY
DOCUMENT(S) -- ACCEPT
/ IMPLEMENT
GRANT.
3.20 CLAIM SETTLEMENT: ALBERTO AND
R 94-157
ELDA CARBALLEIRA, AS
PARENTS AND
3/24/94
GUARDIANS OF CARINE
CARBALLEIRA
($32,500).
3.21 ENTER INTO LEASE AGREEMENT WITH R 94-158
STATE OF FLORIDA DEPARTMENT OF 3/24/94
HEALTH AND REHABILITATIVE
SERVICES, FOOD STAMP PROGRAM --
FOR LEASE OF 5,500 SQUARE FEET OF
SPACE AT MANUEL ARTIME COMMUNITY
CENTER.
20
20-21
21
21-22
22
23
3.22 RESCIND 93-628 -- EXECUTE
CORRECTIVE QUIT CLAIM DEED TO
METROPOLITAN DADE COUNTY,
CONVEYING TITLE TO PROPERTY
LEGALLY DESCRIBED IN SAID DEED IN
ORDER TO CORRECT SCRIVENER'S
ERROR IN ORIGINAL QCD DATED MAY
27, 1975.
3.23 ACCEPT FINDINGS OF SELECTION
COMMITTEE CONCERNING USE OF
VACANT RETAIL SPACE IN THE
OVERTOWN SHOPPING CENTER --
NEGOTIATE / EXECUTE REVOCABLE
PERMIT WITH THE "GIFT OF BEAUTY
HAIR & NAIL SALON" FOR USE OF
SPACE AT THE CENTER.
3.24 APPROVE LEASE AGREEMENT BETWEEN
CITY OF MIAMI, DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) AND
THE ALLEN MORRIS COMPANY -- FOR
THE 11TH FLOOR OF THE BAYSIDE
PLAZA BUILDING (330 BISCAYNE
BOULEVARD) FOR RELOCATION OF
DDA'S OFFICES.
3.25 AUTHORIZE BAYFRONT PARK
MANAGEMENT TRUST TO INSTALL NEW
IRRIGATION PUMP AT MILDRED AND
CLAUDE PEPPER BAYFRONT PARK
($11,000) -- TO BE ALLOCATED FROM
THE SEMI -PERMANENT FENCE AND
GATING SYSTEM PROJECT.
3.26 AUTHORIZE CITY MANAGER TO SIGN AS
INCORPORATOR AND TO SERVE, OR
APPOINT A DESIGNEE TO SERVE ON
BEHALF OF CITY OF MIAMI, AS A
MEMBER OF THE INITIAL BOARD OF
DIRECTORS OF THE CIVIC CENTER
TRANSPORTATION MANAGEMENT
ORGANIZATION, INC.
3.27 DONATE BUST OF EUGENIO MARIA DE
HOSTOS TO METROPOLITAN DADE
COUNTY, METRO-DADE ART IN PUBLIC
PLACES TRUST -- FOR PLACEMENT AT
THE COUNTY -OWNED DE-HOSTOS
COMMUNITY CENTER (2902 N.W.
SECOND AVENUE).
m
R 94-159
3/24/94
R 94-160
3/24/94
R 94-161
3/24/94
R 94-162
3/24/94
R 94-163
3/24/94
R 94-164
3/24/94
23
23-24
24
24-25
25
25
v
3.28 URGE DADE COUNTY COMMISSION TO
AMEND THE SOUTH FLORIDA BUILDING
CODE TO EXEMPT HISTORIC CUBAN
TILE FROM THE TESTING AND PRODUCT
CONTROL CODE REQUIREMENTS FOR
STRUCTURES WHICH HAD THIS
HISTORIC MATERIAL APPLIED WHEN
ORIGINALLY CONSTRUCTED, AND TO
OTHERWISE ENCOURAGE ITS SALVAGE
AND REAPPLICATION TO SAID
STRUCTURES.
3.29 ACCEPT PLAT: ANGEL SUBDIVISION.
3.30 ACCEPT PLAT: FEDERAL JUSTICE
CENTER.
3.31 SUBMIT GRANT APPLICATION
($35,000) FOR THE PLANTING OF
ADDITIONAL REPLACEMENT TREES
UNDER "HURRICANE ANDREW URBAN
REFORESTATION GRANT PROGRAM" OF
THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER
SERVICES, FORESTRY DIVISION --
EXECUTE NECESSARY DOCUMENT(S) TO
ACCEPT / IMPLEMENT GRANT.
3.32 SUBMIT GRANT APPLICATION
($100,000) FOR CORRECTIVE
TRIMMING AND STRUCTURAL REPAIRS
TO DAMAGED TREES UNDER "HURRICANE
ANDREW URBAN REFORESTATION GRANT
PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, FORESTRY
DIVISION -- EXECUTE NECESSARY
DOCUMENT(S) TO ACCEPT / IMPLEMENT
GRANT.
4. DISCUSSION CONCERNING ISSUE OF
PROPOSED DISTRICT ZONING
BOARDS -- DIRECT --CITY ATTORNEY TO
PREPARE TWO ORDINANCES FOR
MEETING OF APRIL 28, 1994: (a)
ONE ORDINANCE CALLING FOR
ESTABLISHMENT OF ZONING BOARDS IN
THREE DISTRICTS; AND (b) ONE
ORDINANCE CALLING FOR THE
ESTABLISHSMENT OF ZONING BOARDS
IN FOUR DISTRICTS.
R 94-165 25-26
3/24/94
R 94-166 26
3/24/94
R 94-167
3/24/94
R 94-168
3/24/94
R 94-169
3/24/94
M 94-170
3/24/94
26-27
27
27-29
30-37
5. DISCUSSION CONCERNING CONTINUED
FUNDING FOR ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS FOR
REMAINDER OF FY (THROUGH 6-30-94)
AMENDMENTS TO EXISTING AGREEMENTS
WITH EIGHT NEIGHBORHOOD ECONOMIC
DEVELOPMENT ORGANIZATIONS FOR
PERIOD APRIL 1 - JUNE 30, 1994:
(1) ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC.; (2)
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, INC.; (3) DOWNTOWN
MIAMI PARTNERSHIP, INC. A/K/A
DOWNTOWN MIAMI BUSINESS
ASSOCIATION, INC.); (4) EDGEWATER
ECONOMIC DEVELOPMENT CORPORATION,
INC.; (5) GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE,
INC.; (6) LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC.; (7)
MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC.,
AND (8) SMALL BUSINESS
OPPORTUNITY CENTER, INC.
6. SUBMIT APPROVED GRANT PROGRAM
FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), REQUESTING
$13,681,000 FOR CITY'S PROPOSED
COMMUNITY DEVELOPMENT PROGRAM
DURING FY 1994-95; ETC.
7. FIRST READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: COMMUNITY DEVELOPMENT BLOCK
GRANT (TWENTIETH YEAR) --
APPROPRIATE $13,681,000 --
FURTHER APPROPRIATE $2,000,000
FROM 19TH YEAR CDBG PROGRAM
INCOME, AS APPROVED BY DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD), FOR TOTAL OF $15,681,000.
8. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS --
APPROVE ACQUISITION OF ORTHO-FLEX
SADDLES, GIRTHS, AND BREAST
PLATES FROM ORTHO FLEX SADDLE
COMPANY -- FOR POLICE DEPARTMENT.
R 94-171
3/24/94
R 94-172
3/24/94
ORDINANCE
FIRST
READING
3/24/94
R 94-173
3/24/94
37-46
46-49
49-51
51-54
9. (A) RESCIND RESOLUTION 94-100, -
R 94-174
ACCEPT ECONOMIC ADJUSTMENT GRANT
M 94-175
($1,000,000), JOINTLY WITH THE
3/24/94
CENTER FOR HEALTH TECHNOLOGIES,
INC. (FROM U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION) TO RENOVATE CITY -
OWNED PROPERTY (THE FORMER
MUNICIPAL JUSTICE BUILDING) TO
HOUSE A HEALTH TECHNOLOGIES
BUSINESS INCUBATOR.
(B) DIRECT CITY MANAGER TO
NEGOTIATE WITH CENTER FOR HEALTH
TECHNOLOGIES, INC. TO PROTECT
CITY'S INTEREST CONCERNING
RENOVATION OF FORMER MUNICIPAL
JUSTICE BUILDING IN FURTHERANCE
OF ITS PROJECT TO HOUSE A
BUSINESS INCUBATOR, WITH
CONDITIONS.
10. GRANT REQUEST TO CITY OF
R 94-176
SWEETWATER FOR 12 FORMER CITY OF
3/24/94
MIAMI POLICE VEHICLES, (SURPLUS
EQUIPMENT) SUBJECT TO
AVAILABILITY OF SAME.
11. GRANT REQUEST TO REPRESENTATIVES
R 94-177
OF CUBAN MUNICIPALITIES FAIR
3/24/94
CORPORATION TO HOLD ITS TWELFTH
NATIONAL FAIR (APRIL 7-10, 1994)
ON THE PREMISES OF THE PARKING
LOT ADJACENT TO FLAGLER DOG
TRACK, WITH PROVISOS -- SUBJECT
TO CONDITIONS.
54-63
63-65
65-66
12. GRANT FEE WAIVER REQUEST BY R 94-178 66-67
REPRESENTATIVES OF MARCH OF DIMES 3/24/94
BIRTH DEFECTS CONCERNING 24TH
ANNUAL "WALKAMERICA" EVENT TO BE
HELD AT PEACOCK & MERRIE
CHRISTMAS PARKS.
13. DIRECT CITY MANAGER TO SIT DOWN M 94-179 68-71
WITH REPRESENTATIVES OF MIAMI 3/24/94
OUTBOARD CLUB TO NEGOTIATE
EXTENSION OF THEIR PRESENT LEASE
AGREEMENT -- DIRECT MANAGER TO
COME BACK WITH RECOMMENDATION FOR
COMMISSIONERS' CONSI-DERATION AND
ACTION.
14. GRANT REQUEST TO REPRESENTATIVE
OF WARNER BROTHERS TO TEMPORARILY
RELAX THE NOISE ORDINANCE (AT THE
SWIRE PROPERTY AT BRICKELL KEY ON
CLAUGHTON ISLAND) IN CONNECTION
WITH PRODUCTION OF FEATURE FILM
ENTITLED "THE SPECIALIST."
15. (A) EMERGENCY ORDINANCE:
ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS / SPECIAL REVENUE
FUND: HAITIAN NARCOTICS
ENFORCEMENT -- ACCEPT GRANT
($135,000) FROM U.S. DEPARTMENT
OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS -- EXECUTE DOCUMENTS.
(B) DIRECT CITY MANAGER TO
PROVIDE EACH MEMBER OF CITY
COMMISSION MONTHLY REPORT WITH A
BREAKDOWN OF EXPENSES IN
CONNECTION WITH EXPENDITURE PAID
OUT OF MONIES FROM THE $135,000
U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS GRANT
REGARDING ESTABLISHMENT OF THE
HAITIAN NARCOTICS ENFORCEMENT
FUND.
16. EMERGENCY ORDINANCE: ESTABLISH
INITIAL RESOURCES /
APPROPRIATIONS AND SPECIAL
REVENUE FUND: HIDTA PUBLIC
DOCUMENTS RESEARCH -- ACCEPT
GRANT ($34,519) FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF
JUSTICE PROGRAMS -- EXECUTE
DOCUMENTS.
17. EMERGENCY ORDINANCE: ESTABLISH
NEW SPECIAL REVENUE FUND: WATSON
ISLAND AIR TRANSPORTATION
FACILITIES PLANNING PROGRAM --
APPROPRIATE $210,000, CONSISTING
OF: (a) A $189,000 GRANT FROM
U.S. DEPARTMENT OF
TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION; (b) A $10,500
GRANT FROM STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, AND
(c) A $10,500 CASH CONTRIBUTION
FROM CITY'S DEPARTMENT OF
1 DEVELOPMENT & HOUSING
CONSERVATION.
R 94-180
3/24/94
M 94-181
ORDINANCE
11127
3/24/94
ORDINANCE
11128
3/24/94
ORDINANCE
11129
3/24/94
72-76
76-83
84-86
18. SECOND READING ORDINANCE:
(CONCERNING CITY BOARDS AND/OR
COMMITTEES): (1) ABOLISH CERTAIN
BOARDS / COMMITTEES; (2)
ESTABLISH MEMBERSHIP FOR CERTAIN
OTHER CITY BOARDS; (3) TERMINATE
TERMS OF ALL CURRENT BOARD
MEMBERS (SUNSETTING); (4) AMEND
CODE BY ADDING STANDARDS FOR
CREATION / REVIEW OF BOARDS,
ETC., (5) AMEND MEMBERSHIP
QUALIFICATIONS, APPOINTMENTS,
TERMS OF OFFICE, ETC. OF CERTAIN
BOARDS, AND (6) CREATE: (a) THE
CITY OF MIAMI PROPERTY AND ASSET
REVIEW COMMITTEE, AND THE (b)
BUDGET AND FINANCES REVIEW
COMMITTEE -- ESTABLISH
REQUIREMENTS FOR MEMBERSHIP, ETC.
(See labels 20B, 27 and 68)
19. APPOINT / REAPPOINT CERTAIN
INDIVIDUALS AS MEMBERS OF THE
MIAMI SPORTS AND EXHIBITION
AUTHORITY. (Appointed was:
Tyrone Williams. Reappointed
were: Frankie Rolle, Ken Albano,
Eli Feinberg, Julio Rebull,
Robert Ratiner and Stephen Nuell.
Pending still are 4
appointments.)
20. (A) (Continued discussion) ADOPT
RECOMMENDATIONS FROM CITY'S
BOARDS AND COMMITTEES REVIEW
COMMITTEE CONCERNING: (a) THE
TAX EXEMPT PROPERTY STEERING
COMMITTEE, AND (b) THE MIAMI
COMMISSION ON THE STATUS OF
WOMEN --MODIFY RECOMMENDATION
CONCERNING THE COMMITTEE ON
ECOLOGY AND BEAUTIFICATION AS TO
NUMBER OF PRESENT BOARD MEMBERS.
(See label 27)
(B) INQUIRY BY TED STAHL
REGARDING STATUS OF COCONUT GROVE
STANDING FESTIVAL COMMITTEE. (See
labels 18, 27 & 69)
ORDINANCE
11130
3/24/94
R 94-182
3/24/94
R 94-183
3/24/94
90-105
106-108
109-112
21. SECOND READING ORDINANCE: AMEND
CODE, ARTICLE VIII, CHAPTER 54
(USE OF THE PUBLIC RIGHTS -OF -WAY
BY PRIVATE COMMUNICATIONS
SYSTEMS) TO ESTABLISH REGULATIONS
AND FEES FOR GOVERNMENTAL -OWNED
TELECOMMUNICATIONS SYSTEMS AND
REDEFINE THE RESPONSIBILITY FOR
ANUAL FEE FOR SHARED FACILITIES.
22. SECOND READING ORDINANCE: AMEND
CODE SECTION 54-17 (PROHIBITION
OF VEHICULAR ACCESS), THEREBY
CLARIFYING PROCEDURE AND
FINANCIAL RESPONSIBILITIES FOR
REQUESTING A VEHICULAR ACCESS
PROHIBITION -- EXEMPT CORAL GATE
AND SHORECREST FROM PAYMENT OF
REQUIRED FEE.
23. (A) SECOND READING ORDINANCE:
AUTHORIZE ISSUANCE (SUBJECT TO
HOLDING OF SPECIAL MUNICIPAL
ELECTION ON SEPTEMBER 8, 1994) OF
$28,000,000 POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES
BONDS -- FOR CONSTRUCTION OF NEW
FACILITIES -- APPROVED HOLDING OF
SPECIAL ELECTION IN CONNECTION
THEREWITH.
(B) VICE MAYOR DAWKINS REQUESTS
MANAGER TO RESERVE ONE-THIRD OF
THE $50,000 ALLOCATED TO RE-
EDUCATE THE PUBLIC.
24. SECOND READING ORDINANCE:
AUTHORIZE ISSUANCE (SUBJECT TO
HOLDING OF SPECIAL MUNICIPAL
ELECTION ON SEPTEMBER 8, 1994) OF
$25,000,000 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES
BONDS -- FOR CONSTRUCTION OF NEW
FACILITIES.
ORDINANCE
11131
3/24/94
ORDINANCE
11132
3/24/94
ORDINANCE
11133
3/24/94
ORDINANCE
11134
3/24/94
112-113
113-115
116-118
119-120
25. FIRST READING ORDINANCE:
ESTABLISH SIX NEW SPECIAL REVENUE
FUNDS: (1) JTPA TITLE
III/DISLOCATED WORKERS PROGRAM
(PY'93); (2) JTPA TITLE III/PAN
AM DISLOCATED WORKERS PROGRAM
(PY193); (3) JTPA TITLE
III/"EMERGENCY" JOBS PROGRAM
(PY'93); (4) DHRS/RCA (PY'93);
(5) JTPA TITLE III DISCRETIONARY
(PY'93), AND (6) JTPA TITLE IIB
SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (PY'93) --
APPROPRIATE FUNDS FROM U.S.
DEPARTMENT OF LABOR GRANT
AWARDS -- ACCEPT GRANT AWARDS --
ENTER INTO NECESSARY AGREEMENTS
WITH SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
26. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE CHAPTER
39, ARTICLE II (SIDEWALK AND
STREET VENDORS), ESTABLISHING
LOTTERY AND COMPETITIVE BIDDING
PROCEDURES FOR ASSIGNMENT OF
VENDORS SPECIFIC VENDING ZONES IN
COCONUT GROVE SPECIAL VENDING
DISTRICT TO MEETING OF APRIL 14,
1994.
27. (Continued discussion) DIRECT
CITY ATTORNEY TO PREPARE AN
ORDINANCE AMENDING 11130 IN ORDER
TO REINSTATE THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE FROM
ABOLISHMENT. (See labels 18, 20B
& 68)
28. ACCEPT CITY MANAGER'S
RECOMMENDATION -- AUTHORIZE
EXECUTION OF "ARTICLE 26, GROUP
INSURANCE" OF THE COLLECTIVE
BARGAINING AGREEMENT WITH
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYESS
(AFSCME), LOCAL 1907, AFL-CIO,
FOR PERIOD OCTOBER 1, 1993-
SEPTEMBER 30, 1995.
ORDINANCE
FIRST
READING
3/24/94
M 94-184
3/24/94
M 94-185
3/24/94
R 94-186
3/24/94
120-122
122-130
131-132
132-133
29. ACCEPT CITY MANAGER'S
RECOMMENDATION -- EXECUTE NEW
"ARTICLE 17, GROUP INSURANCE" OF
THE COLLECTIVE BARGAINING
AGREEMENT WITH INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-CIO, LOCAL 587, FOR PERIOD
OCTOBER 1, 1993-SEPTEMBER 30,
1995.
30. ENTER INTO AGREEMENT WITH THE
LITTLE HAITI HOUSING ASSOCIATION
(GRANTEE) TO PROVIDE A GRANT
($358,885) FOR GRANTEE TO ACQUIRE
/ RENOVATE / DEVELOP LOW TO
MODERATE INCOME SCATTERED SITE
HOUSING IN LITTLE HAITI
NEIGHBORHOOD, SUBJECT TO SELLING
PRICE OF HOUSES NOT TO EXCEED
$50,000.
31. SUBMIT GRANT APPLICATION TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) REQUESTING
$2,000,000 FOR SPECIAL PURPOSE
GRANT FOR RELOCATION OF THE
CAMILLUS HOUSE SHELTER AND
MEDICAL CLINIC -- EXECUTE
NECESSARY IMPLEMENTING
AGREEMENTS.
32. ACCEPT BIDS: (1) FROM SOUTH
FLORIDA MAINTENANCE -- FOR
FURNISHING OF EVENTS MAINTENANCE
SERVICE TO ORANGE BOWL STADIUM,
AND (2) FROM THOMAS MAINTENANCE
SERVICES -- FOR FURNISHING OF
EVENTS MAINTENANCE SERVICE TO
BOBBY MADURO STADIUM -- FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS & PUBLIC
FACILITIES -- OPTION TO EXTEND
CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
R 94-187
3/24/94
R 94-188
3/24/94
R 94-189
3/24/94
R 94-190
3/24/94
133-134
134-140
140-141
141-142
33. APPROVE, IN PRINCIPLE,
DESIGNATION OF CHRISTIAN
COMMUNITY SERVICE AGENCY AND NEW
HOPE-OVERTOWN AS SPONSORS TO
UNDERTAKE DEVELOPMENT OF A 120-
UNIT MULTIGENERATIONAL HOUSING
PROJECT, AFFORDABLE TO ELDERLY
INDIVIDUALS / FAMILIES OF LOW /
MODERATE INCOME -- ON CITY -OWNED
LAND AT N.W. 6 AND 8 STREETS
BETWEEN N.W. 5 AND 6 AVENUES IN
OVERTOWN, WITH PROVISOS.
34. APPROVE DISPOSITION / CONVEYANCE
OF AN 8-UNIT CITY -OWNED
MULTIFAMILY APARTMENT BUILDING AT
240 N.W. 11 STREET (IN OVERTOWN)
TO ST. AGNES RAINBOW VILLAGE
DEVELOPMENT CORPORATION, INC. TO
PROVIDE HOUSING AFFORDABLE TO LOW
/ MODERATE INCOME FAMILIES IN
OVERTOWN -- AUTHORIZE CITY
MANAGER TO CONVEY / DISPOSE OF
SUBJECT BUILDING -- AUTHORIZE
CITY ATTORNEY TO CONVEY SUBJECT
PROPERTY AFTER ABSTRACT OF TITLE
HAS BEEN BROUGHT CURRENT.
35. EXECUTE LOAN AGREEMENT, MORTGAGE
/ SECURITY AGREEMENT, AND
PROMISSORY NOTE WITH THE CITADEL
ARENA CORPORATION, INC., FOR A
$2.5 MILLION LOAN UNDER U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 108 PROGRAM,
AND AN AGREEMENT WITH CITADEL AND
BANK OF TOKYO, LTD., TO FINANCE
DEVELOPMENT OF RESTAURANTS /
SPORTS BAR COMPLEX IN -SOUTHEAST
OVERTOWN / PARK WEST
REDEVELOPMENT DISTRICT AT N.W. 5
STREET AND N.W. 1 ST AVENUE.
36. APPROVE / AUTHORIZE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO
EXPEND $210,000 FROM 18TH AND
19TH YEAR CDBG ALLOCATION FOR
FLAGLER / CORE AREA ENHANCEMENT
PROJECTS (EXPENDITURES TO BE
MONITORED BY ADMINISTRATION).
R 94-191
3/24/94
R 94-192
3/24/94
R 94-193
3/24/94
R 94-194
3/24/94
143-144
145-148
148-151
152-153
37. RATIFY SELECTION OF WACKENHUT R 94-195 153-156
CORPORATION FOR PROVISION OF 3/24/94
ARMED PRIVATE SECURITY SERVICES
FOR FLAGLER / CORE AREA
ENHANCEMENT PROJECTS -- EXECUTE
AGREEMENT.
38. RATIFY CITY MANAGER'S PURCHASE OF R 94-196 156-157
A BULLDOZER FOR DEPARTMENT OF 3/24/94
GENERAL SERVICES ADMINISTRATION &
SOLID WASTE FROM NEFF MACHINERY.
39. ACCEPT BID: VISTA BUILDING
MAINTENANCE SERVICE, INC. -- FOR
FURNISHING JANITORIAL SERVICES TO
POLICE DEPARTMENT -- FOR
DEPARTMENT OF GSA & SOLID WASTE /
PROPERTY MAINTENANCE DIVISION --
EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
40. (A) ACCEPT [OFF-STREET PARKING
BOARD'S] RECOMMENDATION THAT
PROPOSAL SUBMITTED BY OLYMPIA
BUILDING PARTNERS, LTD. IS MOST
ADVANTAGEOUS ONE FOR
REDEVELOPMENT OF OLYMPIA BUILDING
(174 EAST FLAGLER STREET) --
EXECUTE LEASE AGREEMENT WITH
OLYMPIA BUILDING PARTNERS, LTD.
FOR REDEVELOPMENT, INCLUDING
PLANNING / DESIGN / CONSTRUCTION
/ LEASING AND MANAGEMENT OF A
RESIDENTIAL
(B) DIRECT ADMINISTRATION TO
SCHEDULE DISCUSSION CONCERNING
FUTURE OF GUSMAN THEATER FOR NEXT
MEETING.
R 94-197
3/24/94
R 94-198
3/24/94
41. ACCEPT BID: PROFESSIONAL R 94-199
WELDING -- FOR FURNISHING / 3/24/94
INSTALLATION OF CHAIN LINK
FENCING AT TOWN PARK -- FOR PARKS
& RECREATION DEPARTMENT.
42. RATIFY CITY MANAGER'S WAIVING OF R 94-200
COMPETITIVE SEALED BID PROCEDURES 3/24/94
AND IN AWARDING THE INFORMAL BID
TO FURNISH / INSTALL PLAYGROUND
EQUIPMENT AT HADLEY PARK TO
LEADEX CORPORATION (CIP 331311 -
HADLEY PARK IMPROVEMENTS).
157-159
160-165
165-166
166-167
43.
APPLY FOR / ACCEPT AN FY 1995
GRANT (UP TO $120,000) -- FOR
TRANSPORTATION PLANNING /
COORDINATION IN CITY OF MIAMI
FROM THE METROPOLITAN PLANNING
ORGANIZATION FOR THE MIAMI
URBANIZED AREA -- CITY TO MATCH
GRANT UP TO $30,000 FROM GENERAL
FUND.
44.
ACCEPT BID: DESIGN AWNING AND
STRUCTURES, INC. -- FOR PROJECT:
BAYFRONT PARK AMPHITHEATER -
CANOPY REPLACEMENT, H-1069.
45.
TRANSFER RIGHT-OF-WAY OF N.W. 12
DRIVE BETWEEN N.W. 42 AVENUE (LE
JEUNE ROAD) AND N.W. 45 AVENUE TO
JURISDICTION OF STATE HIGHWAY
SYSTEM (F.S. 337.29) -- AUTHORIZE
FLORIDA DEPARTMENT OF
TRANSPORTATION TO RECORD RIGHT-
OF-WAY MAP OF SUBJECT ROAD IN
DADE COUNTY PUBLIC RECORDS.
46.
DIRECT CITY MANAGER TO TURN OVER
OPERATION / MAINTENANCE OF
BICENTENNIAL PARK TO BAYFRONT
PARK MANAGEMENT TRUST.
47.
ACCEPT BID: RJR CONSTRUCTION,
INC. -- FOR PROJECT: TRUCK SCALE
FOUNDATION AT VIRGINIA MULCHING
PLANT, B-6216-A -- ALLOCATE FUNDS
FROM STATE OF FLORIDA RECYCLING
AND EDUCATION GRANT -- EXECUTE
CONTRACT.
48.
AUTHORIZE INCREASE NOT TO EXCEED
($9,570) IN CONTRACT WITH RESOL,
INC. -- FOR N.W. 15 AVENUE
PAVING - PROJECT NO. 341175.
49.
AUTHORIZE INCREASE ($17,800) IN
CONTRACT WITH MIRI CONSTRUCTION,
INC. -- FOR GRAPELAND HEIGHTS
PARK BALLFIELD CONSTRUCTION
PROJECT, B-2958-C (CIP 331310).
41
R 94-201
3/24/94
R 94-202
3/24/94
R 94-203
3/24/94
R 94-204
3/24/94
R 94-205
3/24/94
R 94-206
3/24/94
R 94-207
3/24/94
168
169-170
170-172
172-173
174-175
175-176
177-178
N
50. BRIEFLY DISCUSS AND TEMPORARILY DISCUSSION 179
TABLE PROPOSED RESOLUTION TO 3/24/94
APPOINT INDIVIDUALS TO SERVE AS
MEMBERS / ALTERNATE MEMBERS ON
THE CODE ENFORCEMENT BOARD. (See
label 52 & 74)
51. CONFIRM APPOINTMENT OF INDIVIDUAL R 94-208 180-181
TO THE OFF-STREET PARKING BOARD.
(Confirmed was: Margarita
Rohaidy Delgado.)
52. (A) (Continued discussion)
APPOINT / REAPPOINT INDIVIDUALS
TO SERVE AS MEMBERS / ALTERNATE
MEMBERS ON THE CODE ENFORCEMENT
BOARD. (Appointed were: John
Calpini, Alfredo Hidalgo-Gato,
and Victor Haber.)
(B) APPOINT / REAPPOINT
INDIVIDUALS TO SERVE AS MEMBERS
ON THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE. (Appointed
were: Josefina Sanchez-Pando and
Robert Fairless.)
M 94-209 181-189
M 94-209.1
M 94-209.2
M 94-209.3
M 94-209.4
M 94-209.5
3/24/94
53. MODIFY VIRGINIA KEY MARINA RFP. R 94-210
3/24/94
54. RESCHEDULE APRIL 28, 1994 R 94-211
COMMISSION MEETING TO BEGIN AT 3/24/94
4:30 P.M.
55. CALL FOR SPECIAL MUNICIPAL R 94-212
ELECTION TO BE HELD SEPTEMBER 8, 3/24/94
1994 CONCERNING PROPOSED
RESIDENCY REQUIREMENTS OF ALL
FUTURE CITY OF MIAMI EMPLOYEES.
56. EXECUTE TEMPORARY CONCESSION R 94-213
EASEMENT WITH METROPOLITAN DADE 3/24/94
COUNTY FOR USE OF APPROXIMATELY
40,000 SQUARE FEET OF LAND ON
CITY -OWNED PROPERTY ON FEC
TRACK -- FOR CONSTRUCTION /
INSTALLATION OF 36-INCH WATER
MAIN TO SERVE WATSON ISLAND AND
MIAMI BEACH.
189-193
193-194
194-200
200-202
57. (A) AUTHORIZE ($1,500,000) LOAN
FROM H.O.M.E. LOAN PROGRAM TO
OLYMPIA BUILDING PARTNERS,
LTD. -- FOR REDEVELOPMENT OF THE
OLYMPIA BUILDING (174 EAST
FLAGLER STREET).
(B) COMMISSIONER PLUMMER REQUESTS
STATUS REPORT ON LAND PREVIOUSLY
BOUGHT BY THE CITY FOR THE LATIN
QUARTER.
(C) COMMISSIONER DE YURRE
COMMENTS ON TWO HOTELS IN
OVERTOWN AREA -- NET TRAILER ON
15 AND 8 AVENUES.
(D) VICE MAYOR DAWKINS REQUESTS
ADMINISTRATION TO STUDY
POSSIBILITY OF SETTING UP A NET
OFFICE ON DOUGLAS AND U.S. 1.
(E) DIRECT ADMINISTRATION TO
BRING BACK STUDY CONCERNING
IMPLEMENTATION OF AN 800 OR 911
NUMBER FOR TOURISTS TO BE ABLE TO
SPEAK AND SEEK DIRECTIONS IN
THEIR OWN LANGUAGE IN
EMERGENCIES.
(F) COMMISSIONER PLUMMER DIRECTS
CODE ENFORCEMENT BOARD TO WRITE
VIOLATION NOTICES CONCERNING
ELECTION SIGNS WHICH ARE STILL
DISPLAYED.
58. (A) WITHDRAW PORTION OF AGENDA
ITEMS PZ-1 AND PZ-2 DEALING WITH
LOT 75 (LOCATED AT 2515 S.W. 7
STREET) FROM APPLICATION TO
CHANGE FUTURE LAND USE ELEMENT
FROM SINGLE FAMILY RESIDENTIAL TO
MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES.
(B) FIRST READING ORDINANCE:
AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE
DESIGNATION AT 401, 411, AND 455
S.W. 27 AVENUE FROM MAJOR PUBLIC
FACILITIES, TRANSPORTATION AND
UTILITIES TO OFFICE. (Applicant:
Planning, Building & Zoning
Dept.).
R 94-214
3/24/94
M 94-215
ORDINANCE
FIRST
READING
3/24/94
203-210
210-214
59. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 401, 411, AND 455 S.W. 27
AVENUE FROM R-4 MULTIFAMILY HIGH
DENSITY RESIDENTIAL TO 0 OFFICE.
(Applicant: Planning, Building &
Zoning Dept.).
60. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 225, 295, 311, 335, AND 345
S.W. 27 AVENUE, AND 2660 S.W. 3
STREET FROM R-4 MULTIFAMILY HIGH
DENSITY, RESIDENTIAL TO 0 OFFICE;
AND AT 501 S.W. 27 AVENUE FROM R-
4 MULTIFAMILY HIGH DENSITY
RESIDENTIAL TO G/I GOVERNMENT AND
INSTITUTIONAL; AND AT 2542 S.W. 6
STREET FROM C-1 RESTRICTED
COMMERCIAL TO G/I GOVERNMENT AND
INSTITUTIONAL. (Applicant:
Planning, Building & Zoning
Dept.).
61. REQUESTING CITY COMMISSIONS'
APPROVAL TO GRANT SPECIAL
EXCEPTION TO RELOCATE DRIVE -
THROUGH FACILITIES AT 3899 N.W. 7
STREET -- STIPULATE BUILDING
PERMIT MUST BE OBTAINED WITHIN 12
MONTHS.
62. (A) UPHOLD APPEAL AND REVERSE
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL OF AN
APPLICATION FOR CERTIFICATE OF
APPROVAL (AFTER -THE -FACT) FOR
CONSTRUCTION OF A CHAIN LINK
FENCE AT 3370 ROYAL ROAD (LOCATED
ALONG MAIN HIGHWAY'S SCENIC
TRANSPORTATION CORRIDOR).
(B) INSTRUCT CITY ATTORNEY TO
PREPARE LEGISLATION TO AMEND CODE
IN ORDER THAT APPEALS OF THE
HISTORIC ENVIRONMENTAL
PRESERVATION BOARD MAY BE HEARD
AFTER CURRENT DEADLINE OF 45
DAYS.
ORDINANCE
FIRST
READING
3/24/94
ORDINANCE
FIRST
READING
3/24/94
R 94-216
3/24/94
R 94-217
M 94-218
3/24/94
214-215
215-216
216-219
220-232
63.
SECOND READING ORDINANCE: AMEND
ORDINANCE 233-234
11000 TEXT, SECTION 401 (SCHEDULE
11135
OF DISTRICT REGULATIONS) -- TO
3/24/94
ALLOW: (1) A CELLULAR
COMMUNICATIONS SITE AS A
CONDITIONAL ACCESSORY USE IN R-3,
R-4, 0 AND CBD DISTRICTS; (2) A
CELLULAR COMMUNICATIONS SITE WITH
"MISCELLANEOUS ANTENNAS" AS A
CONDITIONAL PRINCIPAL USE IN C-1,
C-2, I, SD-4, SD-5, SD-6, SD-6.1,
SD-7, SD-16, SD-16.1 AND SD-16.2
DISTRICTS; AND PROVIDING
CONDITIONS THEREFOR, TO ALLOW
"TRANSMISSION TOWERS" OF LESS
THAN 150 FEET IN HEIGHT AS
PERMITTED PRINCIPAL USES IN C-2
AND I DISTRICTS -- PROVIDING
DEFINITIONS FOR "CELLULAR
COMMUNICATIONS SITE",
"MISCELLANEOUS ANTENNAS" AND
"TRANSMISSION TOWERS".
64.
FIRST READING ORDINANCE: AMEND
ORDINANCE 235
11000, ARTICLE 25, SECTION 2502
FIRST
(SPECIFIC DEFINITIONS) TO ADD
READING
DEFINITIONS FOR "EMPLOYMENT
3/24/94
OFFICE", "LABOR POOL", AND
"HIRING HALL" -- AMEND ARTICLE 4,
SECTION 401 (SCHEDULE OF DISTRICT
REGULATIONS) TO ALLOW EMPLOYMENT
OFFICES AS A PERMITTED PRINCIPAL
USE IN C-1 RESTRICTED COMMERCIAL
DISTRICTS -- PERMIT HIRING HALLS
AND LABOR POOLS AS A CONDITIONAL
PRINCIPAL USE IN C-1 DISTRICTS BY
SPECIAL EXCEPTION ONLY.
65.
BRIEFLY DISCUSS AND DEFER
DISCUSSION 236-237
CONSIDERATION OF PROPOSED FIRST
3/24/94
READING ORDINANCE TO AMEND CODE
SECTION 62-61 (SCHEDULE OF FEES,
SPECIAL FEES) TO REDUCE THE
GARAGE SALE PERMIT FEE.
66.
FIRST READING ORDINANCE: AMEND
ORDINANCE 237-238
CODE SECTIONS 54-8 AND 54-9,
FIRST
THEREBY PROHIBITING DISPLAY OF
READING
GARAGE SALE OR SIMILAR SIGNS ON
3/24/94
THE PUBLIC RIGHT-OF-WAY.
67. DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED 3/24/94
RESOLUTION TO ACCEPT THE "VIRRICK
GYM AT DINNER KEY" STUDY (DATED
MARCH, 1994), WHICH PROPOSES
REUSE OF VIRRICK GYM, AND
ADJACENT HANGARS, FORMERLY KNOWN
AS MERRILL STEVENS DRY DOCK AND
IMMEDIATELY SURROUNDING OPEN
SPACE. (See label 70)
68. IMPLEMENT RECOMMENDATIONS OF R 94-219
CITY'S BOARDS AND COMMITTEES 3/24/94
REVIEW COMMITTEE. (See labels 18,
20 & 27)
69. (Continued discussion) ACCEPT THE R 94-220
VIRRICK GYM AT DINNER KEY STUDY 3/24/94
(DATED MARCH 1994), WHICH
PROPOSES REUSE OF VIRRICK GYM,
AND ADJACENT HANGARS, FORMERLY
KNOWN AS MERRILL STEVENS DRY DOCK
AND THE IMMEDIATE SURROUNDING
OPEN SPACE -- DIRECT CITY
MANAGER TO REQUEST ARCHITECTURAL
FIRMS TO DONATE PRO BONO SERVICES
AND WORK WITH REPRESENTATIVES OR
SHAKE -A -LEG TO DEVELOP A
RENDERING OR A DRAWING --
FURTHER, TO WORK JOINTLY WITH
EDUARDO PADRON (MIAMI-DADE
COMMUNITY COLLEGE) REGARDING
POSSIBLE GRANT APPLICATIONS FOR
SAID PROJECT. (See label 67)
70. REJECT PLAN FOR CITY'S WATERFRONT M 94-221
PROPERTY FROM KENNEDY PARK TO THE 3/24/94
BARNACLE, PRESENTED BY THE
COCONUT GROVE CHAMBER OF
COMMERCE.
71. APPROVE, IN PRINCIPLE, THE 1993- R 94-222
1999 CAPITAL IMPROVEMENT PROGRAM 3/24/94
AS A GUIDE TO CITY AGENCIES,
BOARDS AND DEPARTMENTS.
239-240
240-242
242-248
248-306
306-307
72. FIRST READING ORDINANCE:
ORDINANCE 308-309
ESTABLISH APPROPRIATIONS FOR CITY
FIRST
OF MIAMI CAPITAL IMPROVEMENTS•,
READING
CONTINUING / REVISING PREVIOUSLY
3/24/94
APPROVED SCHEDULED CAPITAL
( IMPROVEMENT PROJECTS -- ESTABLISH
NEW CAPITAL IMPROVEMENT PROJECTS
TO BEGIN DURING FY 1993-94 --
REPEAL PROVISIONS OF ORDINANCE
10938 WHICH MAY BE IN CONFLICT
WITH THIS ORDINANCE.
73. (A) (Continued discussion)
M 94-223 309-311
RESCIND MOTION 209.1 WHICH
R 94-223.1
APPOINTED RUBY FERIA TO SERVE ON
3/24/94
CODE ENFORCEMENT BOARD.
(B) APPOINT ALFREDO HIDALGO-GATO
TO SERVE ON CODE ENFORCEMENT
BOARD.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of March, 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 9:06 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
j 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.
NOTE FOR THE RECORD: By memorandum from Vice Mayor
Dawkins dated March 21, 1994, agenda items CA-19, CA-25, and
CA-23 were withdrawn. By memorandum from City Manager
Cesar Odio dated March 24, 1994, agenda items CA-19, CA-28,
Regular Agenda items: 4, 10, 21, and 37; and Planning and Zoning
items: PZ-5, and PZ-7 were withdrawn.
1 March 24, 1994
------------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS.
(A) PROCLAMATION: WOMEN EMPLOYEES OF THE CITY OF MIAMI.
(B) PRESENTATION: LEISURE MANAGEMENT OF MIAMI.
(C) PROCLAMATION: LITTLE HAITI HOUSING ASSOCIATION DAY.
(D) COMMENDATIONS: LAURETTA BROWNE AND KAMEISHA MONROE
("DO THE RIGHT THING").
(E) COMMENDATION: EDMUND BENSON -- SELECTED BY CHOICE
HOTELS AS "CHOICE CHAMPION."
(F) ADOPT THE SONG "MY, MY, MY MI AM I," PRESENTED BY PHILIP
MICHAEL THOMAS AND KATHY RAHILL AS THE OFFICIAL SONG OF
THE CITY OF MIAMI.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Please be seated. We have a few presentations to make. Then, after that, we'll
get back to your business, so just bear with us. Women Employees for the City of Miami Day,
are they present? Who will receive this proclamation? Mr. Manager? Mr. Manager, are these
the persons present on this proclamation? Mr. Manager, are the persons present on the City of
Miami Women Employees? Please come forward. Ladies and gentlemen, this proclamation is
presented to the Women Employees of the City of Miami Day. Please, please, only one meeting
at a time. On behalf of this community, we salute the professional industrious women of this
City, for their skills and creativity that have greatly impacted upon the City of Miami's
transition, and the more diverse work form challenging the barriers of nontraditional roles. My
colleagues and myself present this proclamation to the ladies. We should all recognize them
with a great round of applause.
(APPLAUSE)
Mayor Clark: The next one is to Leisure Management. Are you going to receive this, Mr.
Dawkins? Are you going to receive this?
Vice Mayor Dawkins: Mr. Franklin? Yes, sir.
Mayor Clark: Local authorities, on behalf of this community salute the executive staff of
Leisure Management of Miami for their contributions in minority participation, for working with
community leaders for the well-being of all its citizens. This organization is making sincere
efforts to improve the present as well as work into the future. Leisure Management of Miami is
committed to enhancing the lives of Miami Arena's immediate neighborhood, and I think that's
a wonderful, noble act. Let's give them a great round of applause.
(APPLAUSE)
Unidentified Speaker: This makes it official. Thank you, Mr. Mayor.
Mayor Clark: Little Haiti Housing Authority Association Day. Who is the recipient? Little
Haiti Housing Association Day. Are they present? This organization has rehabilitated 15
houses, eight of them in 1993, developed successful home ownership, training and financial
counselling, and is now seeking to expand into rental housing. My colleagues and myself are
happy to congratulate this organization because they're doing a fantastic job. Big round of
applause.
2 March 24, 1994
(APPLAUSE)
Mayor Clark: Lauretta Browne and Kameisha Monroe, are they present? Please come forward.
These commendations are presented in recognition of the achievements of the Coral Gables
Elementary School. Through their dedication and hard work, they've won the coveted award of
"Do the Right Thing Honor." Your name?
Ms. Lauretta Browne: Lauretta.
Mayor Clark: Lauretta? We're going to frame that in a minute, Lauretta. "Do the Right Thing."
(APPLAUSE)
Mayor Clark: There we go. In recognition of your outstanding support for a clean environment
as a legacy to our future generations, and for being a living example to the phrase, "winning
never gets old," Edmund Benson. Please come forward, Ed. In addition to that he receives a
thousand dollar check. J.L., you better check that out.
Ms. Brenda Eddy: The "Winning Never Gets Old" award actually is called Choice Champions.
It's the Choice Champions Award and New Choices Magazine, our partner on this award, where
we recognize citizens who, after reaching the age of 50, have embarked on some endeavor that
has not only made the world better, in this particular case with Mr. Benson, but that also show
that winning never gets old attitude for themselves, and people who just never say no. We think
Edmund is a wonderful example of winning never gets old.
Mayor Clark: All right. What it means, that means we all got a chance, right?
Unidentified Speaker: We all have a chance.
Commissioner Gort: It meant that Cesar can start doing something new now.
Mayor Clark: Winning never gets old.
Mr. Edmund Benson: Thank you. Mayor Clark is new to the City of Miami - well, new since
I've been around - but he has played an integral part in what we've been doing since the very
beginning at the County, and part of our success, we can attribute to him. So thank you.
(APPLAUSE)
Mayor Clark: And now, ladies and gentlemen, this is the City of Miami Song presentation.
Philip Michael Thomas will perform a ten-minute rendition of the song, "My, MI AM I,"
presented by Kathy Rahill.
(APPLAUSE)
Mayor Clark: We don't have Don Johnson here, but we've got a good guy. Give him a mike.
Philip, how are you?
Mr. Philip Michael Thomas: Fine. How are you?
Mayor Clark: Very well.
Ms. Kathy Rahill: Good morning.
3 March 24, 1994
Mayor Clark: Kathy, tell them a little about this.
Ms. Rahili: OK. Well, I have my little piece of paper here, so I didn't forget anything. Mr.
Mayor, members of the Commission, honored guests and friends. First, Philip and I would like
to thank the many wonderful and supportive people who have all worked with us to make today
possible. Next, I would like to thank Melton Mustafa and his band for coming here for this very
historic occasion. And Philip Michael Thomas, one whose image is synonymous with Miami
worldwide, has, during and since his years with "Miami Vice," as you all know, made many
outstanding contributions to our community. I would like to thank Philip, personally, for the
privilege of sharing in the creation of our song, "My, My, My, MyAmP and I'd also like to
thank him for, in the process, becoming a very, very dear friend. Philip and I first got together
over two years ago, and what started out as a theme song for our TV show blossomed into a
theme song for the Greater Miami area. Today, Philip and I are here to celebrate Miami in
dedicating our song, "My, My, My, MyAmi" to you, to all the people of Miami, as it becomes
the official anthem of our City. We wrote the song in celebration of the beautiful place all of us
here call home, and in the spirit of joining together to build a better Miami for all of us who live
here and for the many people who visit and vacation here throughout the year. And now, Philip
Michael Thomas, a very gifted and prolific musician, will perform the song with the Melton
Mustafa Band. Mr. Mayor and member of the Commission, we present to you, "My, My, My,
MI AM I."
(APPLAUSE)
Mr. Thomas: All right. I love it.
Mayor Clark: Philip, just before you start...
Mr. Thomas: Yes.
Mayor Clark: ... I want the Manager to report... Your name is known all over the world, and Mr.
Manager, tell him about our trip to Berlin with the International...
Mr. Cesar Odio (City Manager): Yes. When Commissioner De Yurre and the Mayor and
myself met in Berlin with the tourist operators, they all, to one voice, said that "Miami Vice" had
a lot to do with the German tourists coming to Miami, and they would like to see you included in
the promotions that we do in the future, because all the housewives in Berlin...
(APPLAUSE)
Mr. Thomas: I'm honored. I'm honored.
Mr. Odio: ...they like Don Johnson, and you, and Ed Olmos, who is a good guy, too, you know.
Mr. Thomas: All right. I'm honored. Well, thank you for that. I love it. I love Miami. It's
really an honor and a pleasure to be here because Miami has given me so much that I enjoy
giving back. And looking into all of your faces right now, it's all worth it, what we're about to
sing for you. This is my love and I love Miami. Are you ready? Hit it, maestro!
(MR. PHILIP MICHAEL THOMAS SINGS)
(APPLAUSE)
Mr. Thomas: Thank you, thank you. Oh, I'm honored. All right, all right. Thank you very
much.
4 March 24, 1994
r
Mayor Clark: Thank you Michael. You're doing a great job.
Mr. Thomas: All right. Thank you, Mayor Clark.
Mayor Clark: I knew you could do it. We're going to be in touch with you, Michael, on this
travel incident we talked about over in Berlin, with you, and Don, and the rest of you, because
they love you over there. You could bring them back, and that's what they have real faith in.
Commissioner De Yurre: Mr. Mayor, I can tell that J.L. showed Philip how to pronounce
"Miami."
Commissioner Plummer: As you will learn, they learn.
Commissioner De Yurre: Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner De Yurre: Are we supposed to adopt this song? Are we supposed to do
something with it now, officially, or was it just a...
Mayor Clark: I'm just... I'm ready for a resolution right now.
Commissioner De Yurre: I move that we adopt this song as our official song for the City of
Miami.
(APPLAUSE)
Mayor Clark: And I tell you, when J.L. pronounces "Miami," that's the way he pronounces it,
"Miami."
Commissioner Plummer: Let me ask a question. I hate to be a stick in the mud. Are we going
to get any royalty rights out of it?
Mayor Clark: Yes. You got all the applause this morning. That's what you get. Very good.
All in favor, signify by saying "aye." Opposed, like sign. So ordered. Thank you.
5 March 24, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-137
A RESOLUTION ADOPTING THE SONG ENTITLED "MY, MY, MyAmP AS
THE OFFICIAL SONG FOR THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
2. CITY ATTORNEY SEEKS CLARIFICATION FROM CITY COMMISSION
CONCERNING ORDINANCE 11114 "ORDER OF BUSINESS AND RULES OF
PROCEDURE" (AS IT RELATES TO "POCKET" OR NON AGENDA ITEMS) --
POLICY RESTATED THAT POCKET ITEMS SHOULD COME UP AFTER 8:00
O'CLOCK OR AT THE END OF THE MEETING, AND THAT THEY BE
LIMITED TO TWO (2) PER COMMISSIONER.
----------------------------------------------------------------------------------------------------------
Mayor Clark: Now, we have the consent agenda.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Quinn: At the last - this is a preliminary matter - at the last meeting, you passed, on second
reading, an ordinance which amended the Commission's Rules of Procedure, and there seemed
to have been some concern as to whether your intent was, because the way it was drafted, was
that for non-scheduled items, that they would come up at 8:00 o'clock, or at the end of the
regular meeting, whichever is sooner; and also, that they be limited to two. There seemed to
have been some concern, so I went back and looked at the transcript, because there was a
discussion, Commissioner Plummer, where you entertained a discussion relative to it being
consistent with what the old policy was. So we need to make it perfectly clear that if it was your
intent to limit the number of regularly scheduled items to two, that it be... That's the way it
reads now.
Commissioner Plummer: Not regularly scheduled.
6 March 24, 1994
Mr. Jones: Non -regular scheduled.
Commissioner Plummer: Non, non -regular.
Mr. Jones: So if that's the Commission's intent, I just want to make sure that that was your
intent.
Mayor Clark: I'm sure it was. Any discussion on it?
Vice Mayor Dawkins: His interpretation, in my opinion, is correct.
Commissioner Plummer: Well, let me just understand. What you're saying is that each
Commissioner could bring up no more than two items, non-scheduled, after 8.00 o'clock at
night?
Mr. Jones: Or at the end of the regular meeting, whichever occurs first.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: I have no problem with that, but I have to tell the administration that I
have always been the one who had their things to be brought up. Now, if he gets two, does he
get two?
Vice Mayor Dawkins: No.
Commissioner Plummer: Well, you see...
Vice Mayor Dawkins: You should put them on the agenda. Why should he have two late ones
to stick on the agenda?
Commissioner Plummer: I just want to clarify it, that's all.
Vice Mayor Dawkins: OK.
Mayor Clark: We'll get them on the agenda, that's what we...
Commissioner Plummer: OK. That's fine.
Mr. Jones: Thank you.
Mayor Clark: Thank you.
7 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
3. CONSENT AGENDA.
----------------------------------------------------------------------------------------------------------I--------
Mayor Clark: What's the list of the ones that have been withdrawn on the consent agenda? Do
you have a list of that?
Commissioner Plummer: I would request 17 and 20, Mr. Mayor.
Mayor Clark: To be withdrawn?
Commissioner Plummer: Yes, sir.
Mayor Clark: Motion and a second.
Vice Mayor Dawkins: I sent mine in, 28 and 25 be withdrawn, and place mine, place them on
the agenda, the April agenda.
Mr. Cesar Odio (City Manager): Commissioner Dawkins, I remind you that you agreed that we
left 25 in, CA-25 in. That's the School Board paying us for...
Vice Mayor Dawkins: No. After they treated me like they treated me yesterday, no.
Commissioner Plummer: Well, Mr. Mayor, my understanding is that we were going to adopt the
policy that any matter pulled off of the agenda would be scheduled for the next regular meeting.
Vice Mayor Dawkins: Yeah, we did.
Commissioner Plummer: OK. So I'm pulling 17 and 20, which would be carried over to the
next regular meeting, as I understand it, as an agenda item, rather than consent.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. And I'm doing the same with 25 and 28.
Commissioner Plummer: OK.
Mayor Clark: What are those numbers again, Mr. Dawkins?
Vice Mayor Dawkins: Sir?
Mayor Clark: What are those numbers again?
Vice Mayor Dawkins: Twenty-five and 28.
Mayor Clark: Twenty-five and 28, to be withdrawn? Scheduled on the regular agenda next
time.
Vice Mayor Dawkins: Yes, sir, please, Mr. Mayor.
Mayor Clark: Any others? Is there a motion on the balance of the consent agenda?
8 March 24, 1994
Commissioner Plummer: Mr. Mayor, you have to read the...
Mayor Clark: Sir?
Commissioner Plummer: You have to read the terminology.
Mayor Clark: Read it in, will you, J.L.?
Commissioner Plummer: Let me put my glasses on. "Before the vote of adopting items
included in the consent agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the consent agenda?"
Mr. Manuel Gonzalez-Goenaga: Yes, sir.
Commissioner Plummer:
All right. If you'll come forth, please, and state which one you wish to
speak on, keeping in mind that the Charter provides that no one has the opportunity to speak
more than two minutes.
Mr. Gonzalez-Goenaga:
Well, as president and founder...
Commissioner Plummer:
First and foremost, your name and and mailing address.
Mr. Gonzalez-Goenaga:
My name is Manuel Gonzalez-Goenaga.
Commissioner Plummer:
And which item do you wish to speak on?
Mr. Gonzalez-Goenaga:
I wish to speak on 22, 36 and 37 together.
Commissioner Plummer:
You have two minutes, sir.
Mr. Gonzalez-Goenaga:
May I start?
Mayor Clark: Go ahead.
Commissioner Plummer:
Yes, sir.
Mr. Gonzalez-Goenaga:
Well, good morning, citizens of Miami, distinguished Commissioners.
Commissioner Plummer:
Is the clock on, please?
Mayor Clark: Yes, sir.
Ms. Matty Hirai (City CIerk): Excuse me. Because of the new construction, Mr. Commissioner,
it is not functioning...
Mayor Clark: That's all right. I got it timed, J.L. I got it timed.
Commissioner Plummer: OK.
Ms. Hirai: ...but we will try to keep you apprised.
Vice Mayor Dawkins: Would you keep the time, Madam?
9 March 24, 1994
Mr. Gonzalez-Goenaga: No problem. I will keep it below two minutes.
Ms. Hirai: We will keep you apprised.
Mr. Gonzalez-Goenaga: I will keep it, I promise I will keep it below two minutes, and I'm
going to go to the heart of the issue.
Commissioner Plummer: So be it.
Mr. Gonzalez-Goenaga: You understand, Commissioners, that FEMA (Federal Emergency
Management Agency) auditors are in town from the Federal Government, because there is no
doubt that there has been hanky-panky deals in all this business of Hurricane Andrew, and I wish
that no money, whatsoever, be further advanced until the Federal Government, FEMA, gives us
a clean bill of health to make payments. Otherwise, we will be in the hook again. Thank you
very much.
COMMENTS ON CONSENT AGENDA ITEM CA27:
Mayor Clark: Thank you very much. Yes, sir, your name and address, for the record?
Mr. Florealti de la Garza: Florealti de la Garza. I'm speaking about consent agenda item
number 27. This is Mr. James Land Gee.
Mayor Clark: You're both together?
Mr. de la Garza: Yes, sir.
Mayor Clark: All right. Go ahead, proceed.
Mr. de la Garza: We both made a proposal to establish a Chinese restaurant and takeout in the
vacant space in the Overtown Shopping Center. We came in second during our bids, partially,
mostly because we had some weakness in our references. We brought some references with us,
and we would like for the Commissioners to reconsider.
Mayor Clark: Is the bid award in the consent agenda, Mr. Manager?
Commissioner Gort: This is the Overtown Shopping Center.
Commissioner Plummer: The Overtown Shopping Center.
Mr. Cesar Odio (City Manager): Yes. We're awarding here The Gift of Beauty Hair and Nail
Salon, but he's not included here. That's what he's saying.
Commissioner Gort: He came in second. He wants to be put in first.
Mayor Clark: No. You can't come back after the bid award is already scheduled. They were
the low bidder.
Mr. de la Garza: No. This was not considered by low bid. It was considered by proposal.
Mr. Odio: They came in second.
Mayor Clark: Sir?
10 March 24, 1994
Mr. Odio: They came in, in second place, Sir.
Mayor Clark: Any reason? Was it the price?
Ms. Ana Sardina: The selection committee was told that any team that scored below 60 percent
was going to be automatically disqualified, and they scored way below 60 percent.
Mayor Clark: Well, that's the law, that's the process.
Mr. de la Garza: We only had one item where we scored below 60 percent, Mayor.
Mayor Clark: It says "any item."
Ms. Sardina: There were eight proposals, Commissioners, and of the eight proposals, only one
received over 60 percent, and that was The Gift of Beauty and Hair, and they're the ones that
we're recommending be awarded the space. Mayor Clark: I'm sorry, the ball game is over.
Mayor Clark: I'm sorry, the ball game is over.
Mr. de la Garza: Thank you for your time.
Mayor Clark: Thank you. Any other consent objectors or participants? Is there a motion on the
consent agenda? With those changes that Mr. Dawkins and Mr. Plummer...
Commissioner Plummer: So moved.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA,
AS, MODIFIED, WAS APPROVED 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.
11 March 24, 1994
-ti
FOLLOWING ARE THE APPROVED AND ADOPTED CONSENT AGENDA ITEMS:
3.1 PURCHASE 24 OFFICE CHAIRS (UNDER EXISTING DADE COUNTY
CONTRACT NO. 1072-1/95) FROM OFFICE CONNECTION -- FOR DEPARTMENT
OF GSA & SOLID WASTE.
RESOLUTION NO. 94-138
A RESOLUTION AUTHORIZING THE PURCHASE OF
TWENTY-FOUR (24) OFFICE CHAIRS, UNDER AN
EXISTING DADE COUNTY CONTRACT NO. 1072-1/95
FROM OFFICE CONNECTION, (A DADE COUNTY
VENDOR), IN A PROPOSED TOTAL AMOUNT OF
$5,617.11, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 921002-850; 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.)
3.2 PURCHASE 1,400 LAW ENFORCEMENT HANDBOOKS FROM METRO DADE
COUNTY POLICE DEPARTMENT -- FOR POLICE DEPARTMENT.
RESOLUTION NO. 94-139
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,400
LAW ENFORCEMENT HANDBOOKS FROM METRO DADE
COUNTY POLICE DEPARTMENT AT A TOTAL PROPOSED
AMOUNT OF $11,900.00 FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
290201-760; 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.)
12 March 24, 1994
3.3 PURCHASE AVIATION FUEL (UNDER EXISTING DADE COUNTY BID NO. 2716-
1/93/1) FROM HUSTA AVIATION -- FOR POLICE DEPARTMENT -- ONE YEAR
CONTRACT, WITH OPTION TO EXTEND, SUBJECT TO AVAILABILITY OF
FUNDS.
RESOLUTION NO.94-140
A RESOLUTION AUTHORIZING THE PURCHASE OF
AVIATION FUEL UNDER AN EXISTING DADE COUNTY
BID NO. 2716-1/93/1 FROM HUSTA AVIATION AT A COST
NOT TO EXCEED $25,025.00, FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET, ACCOUNT CODE NO, 290201-270;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION, AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1)
YEAR PERIOD, AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.4 PURCHASE FOUR ADDITIONAL HAND HELD COMPUTERS, PERIPHERALS,
AND TO DEVELOP A PROGRAMMING SYSTEM FROM UCS, INC. -- FOR FIRE -
RESCUE DEPARTMENT -- ONE YEAR CONTRACT, WITH OPTION TO EXTEND,
SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-141
A RESOLUTION AUTHORIZING THE PURCHASE OF
FOUR (4) ADDITIONAL HAND HELD COMPUTERS,
PERIPHERALS AND TO DEVELOP A PROGRAMMING
SYSTEM FROM UCS, INC. FOR THE FIRE -RESCUE
DEPARTMENT AT A TOTAL PROPOSED COST OF
$35,280.00; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL FUND ACCOUNT CODE NO. 280401-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1)
YEAR PERIOD, AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
13 March 24, 1994
3.5 ACCEPT BID: FLOYD PRICE DB/A HI -TECH ADVERTISER -- FOR
FURNISHING OF MAILING SERVICES -- FOR DEPARTMENT OF GSA & SOLID
WASTE -- ONE YEAR CONTRACT, WITH OPTION TO EXTEND, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-142
A RESOLUTION ACCEPTING THE BID OF FLOYD PRICE DBA
HI -TECH ADVERTISER FOR THE FURNISHING OF MAILING
SERVICES ON A CONTRACT BASIS FOR A PERIOD OF ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE AT A TOTAL PROPOSED FIRST YEAR
COST OF $7,120.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 421304, PROJECT NO. 197006-340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND
THIS CONTRACT FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.6 ACCEPT BID: TOTAL AIR SERVICES INC. -- FOR FURNISHING FULL
MAINTENANCE SERVICE TO THE AIR CONDITIONING SYSTEM AT COCONUT
GROVE CONVENTION CENTER -- FOR DEPARTMENT OF CONFERENCES,
CONVENTIONS & PUBLIC FACILITIES -- ONE YEAR CONTRACT, WITH
OPTION TO EXTEND, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO.94-143
A RESOLUTION ACCEPTING THE BID OF TOTAL AIR
SERVICES, INC. FOR THE FURNISHING OF FULL
MAINTENANCE SERVICE TO THE AIR CONDITIONING
SYSTEM AT THE COCONUT GROVE CONVENTION CENTER
ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE
(1) YEAR PERIODS FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AT
A TOTAL PROPOSED ANNUAL COST OF $19,200.00;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION AND SOLID
WASTE/PROPERTY MAINTENANCE DIVISION, ACCOUNT
CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS SERVICE, AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY
OF FUNDS.
14 March 24, 1994
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.7 ACCEPT BIDS: (a) EXIDE CORPORATION, (b) BATTERY SALES, INC., AND (c)
SOUTHERN BATTERY OF MIAMI -- FOR FURNISHING AUTOMOTIVE
BATTERIES -- FOR DEPARTMENTS OF GSA & SOLID WASTE, AND FIRE -
RESCUE -- ONE YEAR CONTRACT, WITH OPTION FOR EXTENSION OF
CONTACT.
RESOLUTION NO. 94-144
A RESOLUTION ACCEPTING THE BIDS OF EXIDE
CORPORATION IN THE AMOUNT OF $22,575.00,
BATTERY SALES, INC. IN THE AMOUNT OF $1,255.00,
AND SOUTHERN BATTERY OF MIAMI IN THE AMOUNT
OF $10,638.35 FOR A TOTAL FIRST YEAR COST OF
$34,468.35, FOR THE FURNISHING OF AUTOMOTIVE
BATTERIES ON A CONTRACT BASIS FOR A PERIOD OF
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD TO THE
DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE AND FIRE -
RESCUE; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE 1993-94
OPERATING BUDGET, ACCOUNT CODE NO. 421701-702,
PROJECT CODE NO. 503001, ($15,000); ACCOUNT CODE
NO. 421601-705, PROJECT CODE NO. 502003 ($15,000);
FIRE -RESCUE DEPARTMENT OPERATING BUDGET,
ACCOUNT CODE NO. 280701-702 ($4,468.35);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS ACQUISITION AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE
YEAR PERIOD AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
15 March 24, 1994
3.8 ACCEPT BID: TROPICAL NATURAL WATER COMPANY -- FOR FURNISHING
WATER SERVICE TO VARIOUS CITY DEPARTMENTS -- (ONE YEAR
CONTRACT WITH OPTION TO EXTEND, SUBJECT TO AVAILABILITY OF
FUNDS).
RESOLUTION NO. 94-145
A RESOLUTION ACCEPTING THE BID OF TROPICAL
NATURAL WATER COMPANY FOR THE FURNISHING OF
WATER SERVICE TO VARIOUS CITY DEPARTMENTS ON
AN AS NEEDED BASIS FOR A PERIOD OF ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL
ESTIMATED AMOUNT OF $10,000 ANNUALLY;
ALLOCATING FUNDS THEREFOR FROM THE FY '93-94
OPERATING BUDGETS OF THE USING DEPARTMENTS
AS NEEDED; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY
AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.9 ACCEPT BID: LAWRENCE FENCE COMPANY -- FOR FURNISHING /
INSTALLING CHAIN LINK FENCING AT LEGION PARK -- FOR DEPARTMENT
OF PARKS & RECREATION.
RESOLUTION NO. 94-146
A RESOLUTION ACCEPTING THE BID OF LAWRENCE
FENCE COMPANY FOR THE FURNISHING AND
INSTALLATION OF CHAIN LINK FENCING AT LEGION
PARK AT A PROPOSED COST OF $13,523.00 FOR THE
DEPARTMENT OF PARKS AND RECREATION;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM APPROPRIATIONS, PROJECT
CODE NO. 331312, ACCOUNT CODE NO. 589301-860,
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.)
16 March 24, 1994
3.10 ACCEPT BID: MURRAY FENCE COMPANY -- FOR FURNISHING / INSTALLING
STEEL PICKET FENCING AT LEGION PARK -- FOR DEPARTMENT OF PARKS &
RECREATION.
RESOLUTION NO. 94-147
A RESOLUTION ACCEPTING THE BID OF MURRAY
FENCE COMPANY FOR THE FURNISHING AND
INSTALLATION OF STEEL PICKET FENCING AT LEGION
PARK AT A PROPOSED COST OF $16,994.50 FOR THE
DEPARTMENT OF PARKS AND RECREATION;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM APPROPRIATIONS, PROJECT
CODE NO. 331312, ACCOUNT CODE NO. 589301-860;
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.)
3.11 ACCEPT BID: AGILE COURTS, INC. -- FOR RESURFACING OF TENNIS AND
BASKETBALL COURTS AT ALLAPATTAH-COMSTOCK PARK -- FOR
DEPARTMENT OF PARKS & RECREATION.
RESOLUTION NO. 94-148
A RESOLUTION ACCEPTING THE BID OF AGILE
COURTS, INC. FOR THE RESURFACING OF THE TENNIS
AND BASKETBALL COURTS AT ALLAPATTAH-
COMSTOCK PARK AT A TOTAL PROPOSED COST OF
$21,400.00 FOR THE DEPARTMENT OF PARKS AND
RECREATION; ALLOCATING FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM
APPROPRIATIONS, PROJECT CODE NO. 331309,
ACCOUNT CODE NO. 589301-860; 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.)
17 March 24, 1994
3.12 ACCEPT BID: ARISTON, INC. -- FOR FURNISHING / INSTALLING DECAL
MARKINGS FOR NEW POLICE PATROL VEHICLES -- FOR DEPARTMENT OF
GSA & SOLID WASTE -- OPTION FOR EXTENSION OF CONTRACT, SUBJECT
TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-149
A RESOLUTION ACCEPTING THE BID OF ARISTON, INC.
FOR THE FURNISHING AND INSTALLATION OF DECAL
MARKINGS FOR NEW POLICE PATROL VEHICLES ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE, FLEET MANAGEMENT DIVISION, AT A TOTAL
PROPOSED COST OF $53,700.00; ALLOCATING FUNDS
THEREFOR FROM THE 1993-94 OPERATING BUDGET,
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE FLEET
MANAGEMENT DIVISION, ACCOUNT CODE NO. 420902-
880; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME
PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.13 ACCEPT BID: CAMERA CORNER, INC. -- FOR FURNISHING PHOTOGRAPHIC
CAMERAS AND ACCESSORIES -- FOR POLICE DEPARTMENT.
RESOLUTION NO. 94-150
A RESOLUTION ACCEPTING THE BID OF CAMERA
CORNER, INC. FOR THE FURNISHING OF
PHOTOGRAPHIC CAMERAS AND ACCESSORIES, AT A
PROPOSED AMOUNT OF $11,544.00 FOR THE POLICE
DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-850;
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.)
18 March 24, 1994
3.14 ACCEPT BID: AMERICAN LIGHTING MAINTENANCE, INC. -- FOR WILLIAMS
PARK REDEVELOPMENT, B-2981-B (CIP 331351) -- EXECUTE CONTRACT.
RESOLUTION NO. 94-151
A RESOLUTION ACCEPTING THE BID OF AMERICAN
LIGHTING MAINTENANCE, INC. IN THE PROPOSED
AMOUNT OF $12,316.00, TOTAL BID OF THE PROPOSAL,
FOR "WILLIAMS PARK REDEVELOPMENT, B-2981-B";
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331351, AS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10938, AS
AMENDED, IN THE AMOUNT OF $12,316.00 TO COVER
THE CONTRACT COST AND $3,305.93 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED PROJECT
TOTAL COST OF $15,621.93; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.15 ACCEPT BID: D.E. GIDI & ASSOCIATES CORPORATION -- FOR LUMMUS
PARK REDEVELOPMENT - SITEWORK PROJECT B-6203 (CIP 331042) --
EXECUTE CONTRACT.
RESOLUTION NO. 94-152
A RESOLUTION ACCEPTING THE BID OF D.E. GIDI &
ASSOCIATES, CORPORATION, IN AN AMOUNT NOT TO
EXCEED $58,403.39, TOTAL BID OF THE PROPOSAL, FOR
"LUMMUS PARK REDEVELOPMENT - SITEWORK
PROJECT B-6203"; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 331042, AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
10938, IN THE AMOUNT OF $58,403.39 TO COVER THE
CONTRACT COST AND $8,760.50 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
PROJECT COST OF $67,163.89; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
19 March 24, 1994
3.16 ACCEPT BID: RINGSIDE PRODUCTS, INC. -- FOR FURNISHING OF BOXING
SUPPLIES TO DEPARTMENT OF POLICE -- ALLOCATE FUNDS FROM LETF.
RESOLUTION NO. 94-153
A RESOLUTION ACCEPTING THE BID OF RINGSIDE
PRODUCTS, INC. FOR THE FURNISHING OF BOXING
SUPPLIES TO THE DEPARTMENT OF POLICE AT A
TOTAL PROPOSED AMOUNT OF $9,335.00, WITH FUNDS
HEREBY ALLOCATED FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NO. 690001, INDEX CODE NO.
290940-722, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH SECTION 932.7055 OF THE FLORIDA
STATUTES; 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.)
3.17 SUPPORT HAITIAN YOUTH DEVELOPMENT PROJECT - VOLLEYBALL
COMPONENT OF THE FRIENDS OF HAITI NATIONAL FOUNDATION, INC. --
ALLOCATE FUNDS FROM LETF.
RESOLUTION NO.94-154
A RESOLUTION AUTHORIZING THE SUPPORT OF THE
HAITIAN YOUTH DEVELOPMENT PROJECT --
VOLLEYBALL COMPONENT, OF THE FRIENDS OF HAITI
NATIONAL FOUNDATION, INC., AND ALLOCATING
FUNDS THEREFOR IN THE AMOUNT OF $8,500.00 FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS BEING IN COMPLIANCE WITH SECTION
932.7055 OF THE FLORIDA STATUTES.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
20 March 24, 1994
3.18 ACCEPT GRANT FROM METROPOLITAN DADE COUNTY ($80,427.16) -- FOR
CONSTRUCTION OF ELEVATOR AT MIAMI CITY HALL TO ACCOMMODATE
PHYSICALLY DISABLED PERSONS AND TO PRODUCE A TELEVISED PUBLIC
AWARENESS PROGRAM -- EXECUTE INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY.
RESOLUTION NO. 94-155
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT FROM
METROPOLITAN DADE COUNTY, FLORIDA, IN THE AMOUNT
OF $80,427.16, FOR THE CONSTRUCTION OF AN ELEVATOR
AT MIAMI CITY HALL TO ACCOMMODATE PHYSICALLY
DISABLED PERSONS AND THE PRODUCTION OF A
TELEVISED PUBLIC AWARENESS PROGRAM; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METROPOLITAN DADE COUNTY,
FLORIDA, FOR SAID GRANT ACCEPTANCE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.19 SUBMIT GRANT APPLICATION ($25,000) -- FOR CONDUCTING PROJECT TO
RESTORE URBAN TREE CANOPY AND OBTAIN URBAN TREE INVENTORY
ALONG CITY STREETS AND RIGHTS -OF -WAY UNDER "HURRICANE ANDREW
URBAN REFORESTATION GRANT PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FORESTRY
DIVISION -- EXECUTE NECESSARY DOCUMENT(S) -- ACCEPT / IMPLEMENT
GRANT.
RESOLUTION NO. 94-156
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO SUBMIT A GRANT APPLICATION, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN THE
AMOUNT OF $25,000, FOR CONDUCTING A PROJECT TO
RESTORE THE URBAN TREE CANOPY AND OBTAIN AN
URBAN TREE INVENTORY ALONG CITY STREETS AND
RIGHTS -OF -WAY UNDER THE "HURRICANE ANDREW
URBAN REFORESTATION GRANT PROGRAM" OF THE
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, FORESTRY DIVISION; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S),
IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES TO ACCEPT AND IMPLEMENT SAID GRANT,
SHOULD SAID GRANT BE AWARDED; FURTHER DIRECTING
THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE
PLANNING, BUILDING AND ZONING DEPARTMENT TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED AGENCY.
21 March 24, 1994
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.20 CLAIM SETTLEMENT: ALBERTO AND ELDA CARBALLEIRA, AS PARENTS
AND GUARDIANS OF CARINE CARBALLEIRA ($32,500).
RESOLUTION NO. 94-157
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ALBERTO AND ELDA
CARBALLEIRA, AS PARENTS AND GUARDIANS OF
CARINE CARBALLEIRA, THE SUM OF $32,500.00,
WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI IN THE
ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 92-
8462 CA (01), SAID PAYMENT TO BE MADE UPON THE
EXECUTION OF A RELEASE RELEASING THE CITY
FROM ALL CLAIMS AND DEMANDS; AND ALLOCATING
FUNDS THEREFOR FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.21 ENTER INTO LEASE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM --
FOR LEASE OF 5,500 SQUARE FEET OF SPACE AT MANUEL ARTIME
COMMUNITY CENTER.
RESOLUTION NO. 94-158
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES, FOOD
STAMP PROGRAM, FOR THE LEASE OF 5,500 SQUARE
FEET OF SPACE AND AS MORE PARTICULARLY
DESCRIBED HEREIN, AT THE MANUEL ARTIME
COMMUNITY CENTER, 970 SOUTHWEST FIRST STREET,
MIAMI, FLORIDA, IN SUBSTANTIAL ACCORDANCE
WITH THE TERMS AND CONDITIONS CONTAINED IN
SAID LEASE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
22 March 24, 1994
3.22 RESCIND 93-628 -- EXECUTE CORRECTIVE QUIT CLAIM DEED TO
METROPOLITAN DADE COUNTY, CONVEYING TITLE TO PROPERTY
LEGALLY DESCRIBED IN SAID DEED IN ORDER TO CORRECT SCRIVENER'S
ERROR IN ORIGINAL QCD DATED MAY 27, 1975.
RESOLUTION NO. 94-159
A RESOLUTION, WITH ATTACHMENT, RESCINDING
RESOLUTION NO. 93-628, ADOPTED OCTOBER 14, 1993,
IN ITS ENTIRETY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CORRECTIVE QUIT CLAIM
DEED TO METROPOLITAN DADE COUNTY CONVEYING
TITLE TO THE PROPERTY LEGALLY DESCRIBED IN
SAID DEED, IN ORDER TO CORRECT A SCRIVENER'S
ERROR IN THE ORIGINAL QUIT CLAIM DEED DATED
MAY 27, 1974.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.23 ACCEPT FINDINGS OF SELECTION COMMITTEE CONCERNING USE OF
VACANT RETAIL SPACE IN THE OVERTOWN SHOPPING CENTER --
NEGOTIATE / EXECUTE REVOCABLE PERMIT WITH THE "GIFT OF BEAUTY
HAIR & NAIL SALON" FOR USE OF SPACE AT THE CENTER.
RESOLUTION NO. 94-160
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT THE FINDINGS OF THE SELECTION
COMMITTEE CONCERNING THE USE OF VACANT
RETAIL SPACE IN THE OVERTOWN SHOPPING CENTER;
FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A REVOCABLE PERMIT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE GIFT OF BEAUTY HAIR & NAIL SALON, FOR THE
USE OF SPACE 111 IN THE OVERTOWN SHOPPING
CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE,
MIAMI, FLORIDA, WITH NEGOTIATED TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN - - THE REVOCABLE PERMIT AND DESCRIBED HEREIN.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
23 March 24, 1994
3.24 APPROVE LEASE AGREEMENT BETWEEN CITY OF MIAMI, DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) AND THE ALLEN MORRIS COMPANY --
FOR THE 11TH FLOOR OF THE BAYSIDE PLAZA BUILDING (330 BISCAYNE
BOULEVARD) FOR RELOCATION OF DDA'S OFFICES.
RESOLUTION NO.94-161
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A
LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE CITY OF MIAMI
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AND THE
ALLEN MORRIS COMPANY, FOR THE ELEVENTH (11TH)
FLOOR OF THE BAYSIDE PLAZA BUILDING, LOCATED AT 330
BISCAYNE BOULEVARD, TO BE USED FOR THE DDA'S
RELOCATED OFFICES.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.25 AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO INSTALL NEW
IRRIGATION PUMP AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK
($11,000) -- TO BE ALLOCATED FROM THE SEMI -PERMANENT FENCE AND
GATING SYSTEM PROJECT.
RESOLUTION NO.94-162
A RESOLUTION AUTHORIZING THE BAYFRONT PARK
MANAGEMENT TRUST TO PROCEED WITH THE NECESSARY
STEPS REQUIRED TO INSTALL A NEW IRRIGATION PUMP AT
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK
("BAYFRONT PARK"); ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $11,000, FROM THE SEMI-
PERMANENT FENCE AND GATING SYSTEM PROJECT.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.26 AUTHORIZE CITY MANAGER TO SIGN AS INCORPORATOR AND TO SERVE,
OR APPOINT A DESIGNEE TO SERVE ON BEHALF OF CITY OF MIAMI, AS A
MEMBER OF THE INITIAL BOARD OF DIRECTORS OF THE CIVIC CENTER -
TRANSPORTATION MANAGEMENT ORGANIZATION, INC.
RESOLUTION NO. 94-163
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO SIGN AS AN INCORPORATOR AND TO
SERVE, OR APPOINT A DESIGNEE TO SERVE ON BEHALF OF
THE CITY OF MIAMI, AS A MEMBER OF THE INITIAL BOARD
OF DIRECTORS OF THE CIVIC CENTER TRANSPORTATION
MANAGEMENT ORGANIZATION, INC.; AND APPROVING THE
ATTACHED ARTICLES OF INCORPORATION AND BYLAWS OF
SAID ORGANIZATION, SUBJECT TO APPROVAL BY THE CITY
ATTORNEY.
24 March 24, 1994
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.27 DONATE BUST OF EUGENIO MARIA DE HOSTOS TO METROPOLITAN DADE
COUNTY, METRO-DADE ART IN PUBLIC PLACES TRUST -- FOR PLACEMENT
AT THE COUNTY -OWNED DE-HOSTOS COMMUNITY CENTER (2902 N.W.
SECOND AVENUE).
RESOLUTION NO. 94-164
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
DONATE THE BUST OF EUGENIO MARIA DE HOSTOS TO
METROPOLITAN DADE COUNTY, METRO-DADE ART IN
PUBLIC PLACES TRUST, FOR PLACEMENT OF SAID
BUST AT THE COUNTY -OWNED DE HOSTOS
COMMUNITY CENTER, 2902 N.W. SECOND AVENUE,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.28 URGE DADE COUNTY COMMISSION TO AMEND THE SOUTH FLORIDA
BUILDING CODE TO EXEMPT HISTORIC CUBAN TILE FROM THE TESTING
AND PRODUCT CONTROL CODE REQUIREMENTS FOR STRUCTURES WHICH
HAD THIS HISTORIC MATERIAL APPLIED WHEN ORIGINALLY
CONSTRUCTED, AND TO OTHERWISE ENCOURAGE ITS SALVAGE AND
REAPPLICATION TO SAID STRUCTURES.
RESOLUTION NO. 94-165
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
URGING THE DADE COUNTY COMMISSION TO AMEND
THE SOUTH FLORIDA BUILDING CODE TO EXEMPT
HISTORIC CUBAN TILE FROM THE TESTING AND
PRODUCT CONTROL REQUIREMENTS OF THE CODE
FOR STRUCTURES WHICH HAD THIS HISTORIC
MATERIAL APPLIED WHEN ORIGINALLY
CONSTRUCTED AND TO OTHERWISE GENERALLY
ENCOURAGE ITS SALVAGE AND REAPPLICATION TO
SUCH STRUCTURES; DIRECTING THE CITY MANAGER
TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF
PLANNING, BUILDING AND ZONING TO FORWARD A
COPY OF THIS RESOLUTION TO JOAQUIN AVINO, DADE
COUNTY MANAGER, AND MEMBERS OF THE BOARD OF
COUNTY COMMISSIONERS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
25 March 24, 1994
3.29 ACCEPT PLAT: ANGEL SUBDIVISION.
RESOLUTION NO. 94-166
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
PLAT ENTITLED "ANGEL SUBDIVISION," A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL
OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO
RUN WITH THE LAND, POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
3.30 ACCEPT PLAT: FEDERAL JUSTICE CENTER.
RESOLUTION NO. 94-167
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
PLAT ENTITLED "FEDERAL JUSTICE CENTER," A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL
OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT; AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
26 March 24, 1994
3.31 SUBMIT GRANT APPLICATION ($35,000) FOR THE PLANTING OF
ADDITIONAL REPLACEMENT OF TREES UNDER "HURRICANE ANDREW
URBAN REFORESTATION GRANT PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FORESTRY
DIVISION -- EXECUTE NECESSARY DOCUMENT(S) TO ACCEPT / IMPLEMENT
GRANT.
RESOLUTION NO. 94-168
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN THE AMOUNT OF $35,000, FOR THE
PLANTING OF ADDITIONAL REPLACEMENT TREES
UNDER THE "HURRICANE ANDREW URBAN
REFORESTATION GRANT PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, FORESTRY DIVISION; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES TO ACCEPT
AND IMPLEMENT SAID GRANT, SHOULD SAID GRANT
BE AWARDED; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF THE
DEPARTMENT OF PARKS AND RECREATION TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED AGENCY.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
27 March 24, 1994
3.32 SUBMIT GRANT APPLICATION ($100,000) FOR CORRECTIVE TRIMMING AND
STRUCTURAL REPAIRS TO DAMAGED TREES UNDER "HURRICANE ANDREW
URBAN REFORESTATION GRANT PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FORESTRY
DIVISION -- EXECUTE NECESSARY DOCUMENT(S) TO ACCEPT / IMPLEMENT
GRANT.
RESOLUTION NO. 94-169
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN THE AMOUNT OF $100,000, FOR
CORRECTIVE TRIMMING AND STRUCTURAL REPAIRS
TO DAMAGED TREES UNDER THE "HURRICANE
ANDREW URBAN REFORESTATION GRANT PROGRAM"
OF THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, FORESTRY DIVISION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FLORIDA DEPARTMENT
OF AGRICULTURE AND CONSUMER SERVICES TO
ACCEPT AND IMPLEMENT SAID GRANT, SHOULD SAID
GRANT BE AWARDED; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF THE
DEPARTMENT OF PARKS AND RECREATION TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED AGENCY.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
Commissioner Gort: Mr. Mayor, I want to apologize. I'm going to be standing quite a bit,
because I've got a pinched nerve in my back, so it's kind of uncomfortable to be sitting.
Mayor Clark: Go ahead. We can all emphathize with that. Thank you. I got the same thing but
mine's not down there. Now, on item number 2.
Commissioner Plummer: We can't take it until 10:00 o'clock. Is that what I'm seeing?
Mayor Clark: Does it say 10:00 o'clock on this, Mr. Manager?
Mr. Odio: OK. That's when we had advertised the public hearing. You can take everything
else in the meantime.
Commissioner Plummer: Which one can we...?
Mr. Odio: You can start on item 4.
Mayor Clark: Start on item 4?
Mr. Odio: We withdrew 4, so start on 5.
28 March 24, 1994
Ms. Matty Hirai (City Clerk): It's public hearings.
Mr. Odio: Six.
Ms. Hirai: It's still a public hearing, continued.
Mr. Odio: I'm sorry. You can start on item 6, which are personal appearances.
Commissioner Plummer: Item 7?
Mr. Odio: Six. Why can't you take 6?
Mayor Clark: 6-A, personal appearance.
Commissioner Plummer: No, you can't have...
Ms. Hirai: ...six.
Commissioner Plummer. You can't have personal appearances.
Mayor Clark: All right. Come forward, if you're here on item 6.
A. Quinn Jones, III, Esq. (City Attorney): You can't take item...
i
iCommissioner Plummer: You can't take item 6.
Mr. Jones: Item 6, personal appearances, is scheduled for 10:00 o'clock.
Mayor Clark: We can't have that. That's the reason these meetings last three days at a time.
Commissioner Plummer: Well, start with 7, Mr. Mayor.
Mayor Clark: Why do you schedule for 10:00 o'clock?
Vice Mayor Dawkins: Item 7.
Commissioner Gort: Let's get 7.
Vice Mayor Dawkins: Let's do item 7, 7.
I' Commissioner Plummer: Well, we'll start with... We can go with 7, on.
Commissioner Gort: Seven is discussion.
29 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
4. DISCUSSION CONCERNING ISSUE OF PROPOSED DISTRICT ZONING
BOARDS -- DIRECT CITY ATTORNEY TO PREPARE TWO ORDINANCES FOR
MEETING OF APRIL 28, 1994: (a) ONE ORDINANCE CALLING FOR
ESTABLISHMENT OF ZONING BOARDS IN THREE DISTRICTS; AND (b) ONE
ORDINANCE CALLING FOR THE ESTABLISHSMENT OF ZONING BOARDS IN
FOUR DISTRICTS.
Mayor Clark: Item 7. We're taking up item number 7. Flori, just have a seat for a minute. This
is the local zoning boards restructured. I want to read something into the record now, so
everybody knows where we stand.
"During my election campaign, and since my election as Mayor, I've had many
concerns, heard many concerns from the residents, especially in Coconut Grove
and the northeast, regarding the lack of self-determination in the current planning
and zoning process. The consensus from concerned citizens in that decision -
making process at the Planning and Zoning Board level should be brought closer
to the residents affected by planning and zoning decisions made in their area. As
I indicated at my last Commission meeting, as well as during my campaign, I
believe the proper response to these concerns, is to create local zoning boards
similar to the ones proposed by Commissioner De Yurre once before, and to
restructure the Planning Advisory Board, and all in an effort to decentralize the
planning and zoning process. The concept is very simple: Advising quasi-
judicial decisions related to planning and zoning matters should be made by
residents in the area affected by the particular proposal application. Accordingly,
I have attached for your consideration a resolution asking the City Manager or the
City Attorney to draft an ordinance, creating three local zoning boards, each
consisting of nine members and one alternate member, all of which are required
to reside within the respective zoning district. Each Commissioner shall have two
appointments on each Zoning Board. My intent is to have the alternate
appointments rotate amongst the Commission members. I also attached for your
review a map delineating the geographic boundaries of each Zoning Board, which
was created by grouping NET (Neighborhood Enhancement Teams) service areas
across the City. I believe that this is proper, since the purpose of creating NET
boundaries were, in part, to identify areas of common interest. Also, the public
will be more easily understood, and will understand the boundaries of these local
zoning boards, since they are already familiar with the NET areas. Also created
in this proposal is a restructured Planning Advisory Board. Please be advised that
I did consider a proposal of multiple planning advisory boards to correspond with
proposed local zoning boards. However, the planning is truly a Citywide
function, implemented through a Citywide Comprehensive Development Master
Plan; and after being advised by the Law Department that multiple planning
boards would provide various legal complications with regard to their interface
with the Comprehensive Development Master Plan, I have proposed a
restructured nine -member board consisting of three members residing within each
zoning district, three from each district. In an effort to avoid a complicated
process of direct Commission appointments, I propose the City Commission vote
as a body on applicants for appointment to each zoning district, similar to the
process for many other City boards. For more details of the appointment process,
you may refer to page 8 of the attached resolution. I believe this board
composition would truly provide a balanced Citywide input in advisory planning
30 March 24, 1994
matters. Please be advised that this proposal does not call for compensating or
providing health benefits to board members. Additionally, I have not addressed
the issue of location of the local zoning board meetings, although I believe, in an
effort to cut our costs, we should continue to hold all meetings at the Commission
Chambers. This issue should be fully discussed by the Commission. Finally,
please be aware that the proposal is not meant in any way to be critical of the
proposal presented in the final report of the Boards and Committees Review
Committee, which is before us today for consideration. On the contrary, the
proposal is meant to enhance what I believe is a very thoughtful comprehensive
report from the Committee. We should all be thankful for their dedicated work."
And I offer this.
Commissioner Plummer: Mr. Mayor, I second your motion. Under discussion, I only have one
area which you allowed for the boundaries to be talked about.
Mayor Clark: Yes, sir.
Commissioner Plummer: I think, Mr. Mayor, that downtown Miami in the CBD (Central
Business District) District is so much different than any other area, because it is primarily
commercial.
Mayor Clark: I agree with you, J.L. We'll include that.
Commissioner Plummer: And I think that what we have to do is to look at that as, possibly, as a
separate entity.
Mayor Clark: All right.
Commissioner Plummer: Because of the fact, I don't see the area of Coconut Grove, which is
residential, waterfront, and that, the same kind of a scenario as I see in the central district.
You've left that open for discussion, so then I would say that it's a good idea, a very good idea.
Mayor Clark: Add that in as a fourth then, right? It's a central...
Commissioner Plummer: We could add it as a fourth, Mr. Mayor, or I don't see how you can do
that with any other district.
Mayor Clark: No, I think that that's by itself. It should be isolated there.
Commissioner Plummer: And I would suggest that the present DDA (Downtown Development
Authority) boundaries be the fourth district, as such. I would create a fourth one, yes, because I
think downtown is just that much different, Mr. Manager.
Mayor Clark: Well, we could do that very easily, J.L.
Commissioner Plummer: We can consider it, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: But downtown DDA extends into the Brickell area.
31 March 24, 1994
Mayor Clark: No, not too far, does it?
Commissioner Plummer: Yeah, it comes to 15th Road. Yeah, I have no problem with that.
Commissioner De Yurre: So it has a number of... I think what you're looking for is the
commercial... isolation of the commercial area...
Commissioner Plummer: Basically, yes, Victor.
Commissioner De Yurre: ...because we have that at the point... there are a number of condo
units there, buildings.
Commissioner Plummer: Well, look... the Mayor has said, and I like this here, that he gives the
leeway for further discussion. If we're of the concept, and he has no objection to a fourth board,
then we can argue about... or not argue we can discuss where and how the DDA boundaries
should be for the fourth board, and I think that's open for discussion.
Commissioner De Yurre: Also, Mr. Mayor, as you mentioned, I have been working on this for a
while, and basically, in response to the concerns of the citizens of Coconut Grove that were
looking for this, say that they wanted to have more control into what happened as far as zoning
was concerned in their area. One of the things that I was a proponent of, and I was waiting for
an appeals decision to come down from the Circuit Court of Appeals, was a matter wherein the
Zoning Board could also have a say, just like they have a final say on variances, which are
appealable to the City Commission, that they also make a final determination which would be
appealable to us as to zoning matters per se, to treat both the same, and we would only get
appeals of either zoning or variances to come before us. And I think that would weed out a lot of
the issues that we have to face here that can be dealt with at that level.
Mayor Clark: It could happen, but, Mr. De Yurre, let me caution you on one thing. We tried
that in the County - not that I'm talking about the County - but let me tell you what happened.
We went to Bob Butterworth and he said a Commission cannot delegate its authority to an
appointed body appointed by them. So I feel safe that we better leave that like it is or we might
get too...
Commissioner De Yurre: Hey, well, we have a legal opinion that it can be done, because I
checked with our City Attorney's Office, and they said that it can be done. Linda, can you.
expand on that a little bit?
Ms. Linda Kearson (Assistant City Attorney): Commissioner De Yurre is referring to the
SNYDER decision that went before the Supreme Court. The Court issued an opinion last
October of 1993, which held that those zoning -related actions that pertain to individual
properties are quasi-judicial, which means that this board can delegate those functions. It is
those functions that are comprehensive in nature that cannot be... because they are legislative.
But if your desire is of delegating the zoning of an individual parcel...
Commissioner De Yurre: The local aspect of it.
Ms. Kearson: Yeah, the local aspect. That can be delegated to a zoning board.
Commissioner Plummer: Well, personally, I concur that we don't need to hear every one. OK?
Mayor Clark: Yeah.
32 March 24, 1994
Commissioner Plummer: But let me tell you, I would not give up the right of the people who
have an adverse, if they feel, right to appeal to this Commission on an appeal.
Commissioner De Yurre: That's right.
Commissioner Plummer: As long as they have that right to appeal to the Commission, I'm not
interested in hearing every item that's before us.
Commissioner De Yurre: And that's the spirit.
Commissioner Plummer: But on appeal to this Commission, I think that that's all right, as far as
I'm concerned.
Mayor Clark: And I agree with you, J.L. I think, you know, you were elected to a position, and
people look to you for your decision, not to an appointed body.
Commissioner Plummer: I agree.
Mayor Clark: That's what we'll try to... What we're trying to do is let people in areas of the
City of Miami have the right of their own self-determination of what they think is right in an
area. I can remember so well many years ago on this Zoning Board of the City of Miami, which
I sat on as its Chairman for five years, that we had a... Well, you remember the same thing, J.L.
You were there at one time.
Commissioner Plummer: I was only three years, Mr. Mayor.
Mayor Clark: Well, I can tell you that people depended upon the Commission to make the final
decision, because they either put you in or put you out. You were on the line at that time. The
buck stopped right there. Yes, sir, Mr. Dawkins.
Vice Mayor Dawkins: I'm going to hold meetings in Wynwood, Edgewater, Overtown,
Downtown, Allapattah, Little Havana, and let them have as much input as the Coconut Grove
Civic... whatever it has... has had with Commissioners. Unless I take it out there and get input
from them, they do not have the expertise, nor the time to devote to making their voices heard on
this, and we have to let them understand what we are doing and how they can impact the
decision that will be made. So after I have the hearings, I will get back to you with my
comments on it, sir.
Mayor Clark: All right, sir.
Commissioner Plummer: Can I ask a question, Mr. Mayor.
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: I'm sorry. Go ahead, Willy.
Commissioner Gort: I've had the opportunity of visiting just about every neighborhood in this
City for the last two or three months, and I think the feedback that I get from the residents is they
want to have a say-so in what takes place in their own neighborhood. I agree with the
Commissioner, also. I think there's a lot of these items that can be taken a decision at the
neighborhood level, but at the same time, if anyone feels that the decision which was taken was
not fair, they should have the right, without any cost to them, to appeal to the City Commission,
then bring it to us. I don't have any problem with that. I believe it's about time we allowed the
neighborhood to... One of the things that we tell them in the NET, we want the neighborhoods to
33 March 24, 1994
create their own thing for their own neighborhoods, and we got such a diverse community that I
think each one of them would like to do those things, and I commend you for this plan.
Mayor Clark: Mr. Plummer.
Commissioner Plummer: My question, Mr. Mayor, is when, assuming we pass this today, when
would it become effective?
Mayor Clark: Well, as soon as it can be implemented. I won't say overnight.
Ms. Kearson: It will be an ordinance, sir. This is just a resolution directing us to prepare the
ordinance for first reading.
(INAUDIBLE COMMENT)
Ms. Kearson: Because we would have to amend the City Code.
Mayor Clark: Yes.
Commissioner Plummer: OK.
Mayor Clark: You can, by ordinance.
Ms. Kearson: We can, by ordinance, right.
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I want it clearly understood that I'm not saying that anybody out there is
against this. I want it clearly understood that I want everybody out there to understand what this
is. And the only way they can understand, and I know they understand, is for me to discuss it
with them and make sure that they understand it. I am in no way attempting to stop this. I am in
no way attempting to remove an effort to have the citizens' input into what happens in their
neighborhood. But by the same token, as Commissioner De Yurre said, the concerns of zoning
in the downtown DDA area and the Brickell area is entirely different from the zoning response in
Little Haiti. The one in Little Haiti is different from the one in Overtown. The one in Overtown
is different from the one in wherever.
Commissioner Plummer: That's fine.
Vice Mayor Dawkins: So that's all I'm saying. Let them know what the procedure is and how
it's done. That's all I'm saying.
Mayor Clark: Well, if we pass this, we'll get an ordinance prepared, then there will be a first
reading.
Vice Mayor Dawkins: Yes, sir. Oh, yes, that's fine. OK.
Commissioner Plummer: Mr. Mayor, you moved it. I seconded it, I believe.
Mayor Clark: Yes.
34 March 24, 1994
Vice Mayor Dawkins: OK. It's been properly moved and seconded. Any further discussion?
Commissioner De Yurre: Yes. Mr. Mayor, in the spirit of what Commissioner Dawkins is
alluding to, as a suggestion, I feel that the three proposed areas that are being shown to us here
today, or the fourth... that we should just have those NET offices coordinate within each
proposed district a meeting for all the residents.
Vice Mayor Dawkins: Right.
Commissioner De Yurre: And they can be explained what we're talking about and get their
input. And that would be a good way of getting that done.
Vice Mayor Dawkins: Miller Dawkins is not suggesting that the NET program do nothing for
Miller Dawkins. Miller Dawkins is suggesting that Miller Dawkins call a meeting so Miller
Dawkins can find out what's going on. That's what I'm proposing, sir. Any further discussion?
Mayor Clark: I'm suggesting...
Ms. Kearson: A point of clarification, please. Are we talking about four districts now or three
districts?
Mayor Clark: We're talking about three, and we will work out the fourth one.
Commissioner Plummer: We'll work out the fourth one.
Ms. Kearson: And are we to come back at the first meeting in April with the ordinance for first
reading?
Mayor Clark: Yes, ma'am.
Commissioner Plummer: Yes.
Vice Mayor Dawkins: For three districts.
Mayor Clark: Yes, sir. And then the fourth, we can work out.
Commissioner Plummer: Well, we can add a fourth at that time, right?
Mayor Clark: Sure, you can.
Vice Mayor Dawkins: No, no after you pass that, I'll let you know.
Ms. Kearson: That'll be too late then. We need to know now how we should draft the
ordinance.
Commissioner Plummer: Draft it both ways.
Commissioner Gort: Draft two.
Commissioner Plummer: Draft two ordinances.
Mayor Clark: Draft it three... draft it four.
35 March 24, 1994
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: OK. Now, it's my understanding that we will... The City Attorney will
bring back one with three zones, and one with four zones...
Commissioner Plummer: Right.
Vice Mayor Dawkins: ...and the City Commission will choose whether it wants the four or the
three.
Commissioner Plummer: That's correct.
Mayor Clark: That's correct.
Commissioner Plummer: Yeah.
`Vice Mayor Dawkins: All right. Any further discussion? Hearing none, call the roll, Madam
Clerk.
Ms. Kearson: So it's not... Is it the first meeting? I'm sorry, because the Manager is saying
that...
Vice Mayor Dawkins: Can't hear what you're saying. Speak in the mike, Mr. Manager.
Mr. Cesar Odio (City Manager): Would it be the second meeting in April? Would that be all
right, the Planning and Zoning meeting?
Mayor Clark: It's going to take a little while. The second meeting in April would be fine.
Mr.Odio: Yeah.
Ms. Kearson: OK. That's fine.
Vice Mayor Dawkins: All right. So change it to read the second meeting in April. Call the roll,
Madam Clerk.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 94-170
A MOTION DIRECTING THE CITY ATTORNEY TO COME BACK AT THE
APRIL 28, 1994 COMMISSION MEETING, WITH TWO DRAFTS OF A
PROPOSED ORDINANCE: (a) ONE, CALLING FOR THE ESTABLISHMENT
OF INDIVIDUAL ZONING BOARDS IN THREE DIFFERENT DISTRICTS; (b)
ONE, CALLING FOR THE ESTABLISHMENT OF INDIVIDUAL ZONING
BOARDS IN FOUR DIFFERENT DISTRICTS; FURTHER DIRECTING THE
ADMINISTRATION TO REQUEST ALL PREVIOUSLY IDENTIFIED NET
OFFICES TO COORDINATE WITHIN EACH PROPOSED DISTRICT AND TO
HOLD A MEETING WITH ALL THE AREA RESIDENTS IN ORDER TO
FULLY EXPLAIN THE PROPOSED PLAN TO THEM AND SEEK THEIR
INPUT.
36 March 24, 1994
Hv`h 1
kYY
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Thank you all, members.
-------------------------------------------------------------------------------------------------------------------
5. DISCUSSION CONCERNING CONTINUED FUNDING FOR ECONOMIC
DEVELOPMENT COMMUNITY BASED ORGANIZATIONS FOR REMAINDER OF
FY (THROUGH 6-30-94) AMENDMENTS TO EXISTING AGREEMENTS WITH
EIGHT NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS FOR
PERIOD APRIL 1 - JUNE 30, 1994: (1) ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC.; 2) COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, INC.; (3) DOWNTOWN MIAMI PARTNERSHIP, INC. A/K/A
DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC.); (4) EDGEWATER
ECONOMIC DEVELOPMENT CORPORATION, INC.; (5) GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE, INC.; (6) LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC.; (7) MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC., AND (8) SMALL BUSINESS
OPPORTUNITY CENTER, INC.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, where are we at now? What time is it?
Commissioner Plummer: Item 8.
Mayor Clark: Item 8?
Mr. Cesar Odio (City Manager): Yes, sir. We recommend that we extend the funding to
conclude this year's... There's no changes. I believe it has been monitored, and we recommend
that we go ahead and let them finish the year. It ends in June 30...
Commissioner Plummer: The only question I have, Mr. Manager, is, has every one of these been
audited by Community Development, and every one of them are doing what they're supposed to
do? All of their paperwork is up to date, their audits are up to date, and you think they're doing
a good job?
Mr. Frank Castaneda: Except for two.
Commissioner Plummer: Well, tell me those two, because those two, I don't want to fund. If
they're not doing their job, then I don't want to fund them.
37 March 24, 1994
t "")
Mr. Castaneda: We are recommending all the agencies except Latin...
Mayor Clark: We know you, sir, but let the people know who you are.
Mr. Castaneda: I'm sorry. Frank Castaneda. I'm the director of Community Development for
the City of Miami. We are recommending all the agencies except for two agencies. One of them
is the Latin Quarter Association, and the other one is New Washington Heights.
Commissioner Plummer: And for what reason are you not giving them...?
Mr. Castaneda: Latin Quarter Association, we told all the agencies that they had to meet five
nation-wide objectives stipulated by HUD. Latin Quarter only met four. In the case of New
Washington Heights, they did not meet any.
Mayor Clark: This is a very strict stipulation of HUD (Housing and Urban Development),
Federal.
Mr. Castaneda: Well, this is the... hours, we had meetings with HUD consultants on how to
increase the performance level of the different community -based organizations. We went
through a very rigorous meeting, and we gave agencies a three-month time period in order to
meet these requirements.
Mayor Clark: All right. Thank you, Mr. Castaneda.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I have a question of staff.
Mayor Clark: Yes, sir.
Commissioner Gort: All the other members have complied? Do we use the same standards for
everybody?
Mr. Castaneda: Everybody has the same standard. And if you want, we have a map showing
what each one complied with.
Commissioner Gort: Yeah, I understand that HUD is the standard, but I just want to make sure.
Everybody met the standards except these two?
Mr. Castaneda: Right. That's correct.
Commissioner Gort: OK. Thank you.
Mayor Clark: Let's hear, let's hear now. OK, Mr. Dawkins, go ahead.
Vice Mayor Dawkins: I'll wait until they finish.
Mayor Clark: All right. For the record, your name, please sir.
Mr. Florentino Perez: My name is Florentino Perez. I reside at 3421 Southwest 26th Street. I'm
the chairman of the board of the Latin Quarter Association.
38 March 24, 1994
Mayor Clark: Go ahead.
Mr. Perez: We respectfully request that the Commission grant the agency a probatory extension
until the end of the fiscal year of June 30, 1994.
Mayor Clark: Just the final payment on that year.
Mr. Perez: That's right.
Mayor Clark: Not past that.
Mr. Perez: That's right.
Mayor Clark: How much does that amount to, Mr. Castaneda?
Mr. Castaneda: $12,250.
I
Mayor Clark: That's what they want, the final payment for this year, J.L.
Commissioner Plummer: All right. Mr. Mayor, if you want, we can read from the list here why
they were disallowed.
"The agency still shows major difficulties, differentiating between eligible and
ineligible activities. Agency is still experiencing problems documenting
activities, understanding and meeting contractual requirements. Agency has
incomplete files."
Mayor Clark: What you must do, then, if we could grant their $12,500 for the rest of the year,
then they'd have to start all over again for next year. Understand... Is that right, Mr. Castaneda?
Mr. Castaneda: Could you repeat the question, Mr. Mayor? I'm sorry?
Mayor Clark: They're asking for an additional $12,000 to finish out this fiscal year. Is that
possible?
Mr. Castaneda: It is possible if that's what the Commission wants to do, Commissioners.
Mayor Clark: No, I didn't say that. Just tell me, is it possible or not possible?
Mr. Castaneda: Yes, yes, it is possible.
Commissioner Plummer: Well, how do we bring... If we were to do that, how do we force them
to be in compliance?
Mr. Odio: You don't fund them for next year at all. Just tell them that...
Commissioner Plummer: No, no, no. That's not my point. My point is that they want funding
for the remainder of this year. OK?
Mr. Odio: Well, they should not be...
Commissioner Plummer: Now, if we give them that money for the remainder of this year, how
do we have the comfort of knowing that they're going to comply with all of the requirements?
39 March 24, 1994
Mr. Castaneda: We don't.
Mr. Odio: You won't.
Commissioner Plummer: You don't know that.
Mr.Odio: No.
Mr. Castaneda: Right.
Commissioner Plummer: Well, I'll tell you how you do it. You give them the money, and if
they don't meet the requirements, they have to pay it back.
Vice Mayor Dawkins: From where?
Commissioner Plummer: That's their problem.
Vice Mayor Dawkins: No, no.
Commissioner Plummer: I mean, you know, it's simple here, that if you don't... If they don't
meet the requirements, they can't meet the requirements...
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: If I may suggest, when these awards are given, and this was like we do
every year, they were supposed to have gotten $50,000.
Mr. Castaneda: Right.
Commissioner Plummer: Correct.
Commissioner De Yurre: And then again, also, they were told that they were not doing their job,
that they needed to clean up their act, and if they didn't clean it up, they would be in jeopardy of
not being reawarded the money. We are at that point right now, that they're not being
recommended for further funding. They may have, which I'm sure they do...
Commissioner Plummer: We only gave them a portion.
Commissioner De Yurre: ... some commitments, based on the monies that they were expecting
to have. So I really don't have a problem with giving them the balance, and that's the end of
that, and they Can finish with whatever, you know, situations they have, and they can wrap up
their program, at least from the City's standpoint.
Mayor Clark: Well, today, we're not going to allocate any monies. Just let everyone ask the
questions, then we will hold a public hearing on April 14th. At that time, allocate the monies.
Also, at the last meeting, I asked for an audit of all the youth programs receiving City funds. Be
sure that the Manager has a report prepared by April 14th. We will take this under
consideration, gentlemen. There's no money to be awarded today to any project.
Commissioner Plummer: I would ask, Mr. Mayor, that they supply to us what obligations,
financial obligations you have made. You don't need to do it now.
40 March 24, 1994
e
Mayor Clark: Not now.
Commissioner Plummer: Just give it to us in writing, what financial obligations you have
incurred and are responsible for, and we will then make a decision predicated on that.
Mayor Clark: All right. That's all we can handle today.
Mr. Elio Rojas: Can I have an explanation, some...
Mayor Clark: Have an explanation?
Mr. Rojas: Yes. The office... Let me say this...
Mayor Clark: Give us your name.
Mr. Elio Rojas: My name is Elio Rojas. I'm executive director of Latin Quarter Association,
1532 Southwest 8th Street. The reason that happened will be... Since 1983, we have a workshop
with Tonya, Inc. That's from Washington, D.C. They come to change the system the City,
HUD, the City, to accommodate the CBU (community -based organization) in order that they can
write, and handwriting was a lot... and things like that. So we... I had my secretary working
with me at that time. In the middle of, almost in the middle of the time when the workshop
passed by, by the HUD and City of Miami, she quit the job. So I hired another girl. She just
appeared at the one last meeting for Tonya. She was aware exactly how to be done the job, in
the office. This is a part of the... Something was missing in the file. The job is done. The only
thing was... relocated in some kind of position. But I promise, I just hired today another girl.
She'll be aware what she's doing.
Mayor Clark: All right.
Mr. Rojas: I just want you to give me a chance, for the last 90 days until June 30, all the files are
required to the City of Miami, please review my office in 35, 40 days, and everything will be in
place, just like it used to be.
Commissioner Plummer: How much have they got so far?
Mr. Rojas: That's it, simple as that.
Mayor Clark: All right. Well, on the 14th of April, we'll have the decision.
Commissioner Plummer: All right. Mr. Mayor, I would ask again...
Commissioner Gort: This is not new money, Mr. Mayor. This is...
Mayor Clark: No, old money.
Commissioner Gort: This is the old money.
Mayor Clark: Yeah, Mr. Plummer?
Commissioner Plummer: I would like to see... They have received 40 some thousand already?
Mr. Castaneda: Thirty-seven.
41 March 24, 1994
Commissioner Plummer: Thirty-seven thousand. I would want a list of what those monies went
for, and I would want a list of what remaining obligations you may or may not have incurred for
the remainder of the year.
Mr. Rojas: And also, Commissioner and Mayor, please, I want you to be aware, the Latin
Quarter Association had just applied for another grant with Dade County, and we'll receive
$60,000 for this year, and the following year, they promise us to come on over with another
$50,000 to pay the matching fund...
Mayor Clark: Please, please present that information for Mr. Plummer and my colleagues on the
Commission.
Mr. Rojas: OK.
Mayor Clark: See you back here on April the 14th.
Mr. Rojas: Can we be grant...?
Mayor Clark: No, we can't do it today.
Mr. Rojas: OK.
Mayor Clark: No funds today. Thank you, sir.
Mr. Rojas: Thank you.
Mayor Clark: Ladies and gentlemen, let me caution you about the signs back there. There's a
law in the City of Miami that no signs are allowed to be displayed in this Commission room.
Someone might get hurt. So please put them down, or take them outside. You'll have to remove
them. You can have them outside, but you can't have them in the Commission room.
Mr. Odio: Mr. Mayor.
Mayor Clark: Yes, sir. Yes, sir.
Mr. Odio: I think on item 8, we need to extend the other eight programs so they can finish their
year...
Mayor Clark: Yes.
Mr. Odio: ... if you would. If not, then we'd be putting those programs in jeopardy.
Mayor Clark: Without comment, is there a motion of that effect.
Commissioner Gort: It would be a motion to go ahead and do so.
Mayor Clark: Motion.
Vice Mayor Dawkins: Under...
Mayor Clark: Continue the other, the other two.
Vice Mayor Dawkins: Second.
42 March 24, 1994
Mayor Clark: All in favor...
i
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: We keep going through this, Mr. Castaneda, and Mr. Manager.
Mr. Castaneda: Yes, sir.
Vice Mayor Dawkins: We keep saying that they are not meeting Federal regulations. You keep
saying if they don't meet Federal regulations, we aren't going to refund them, and yet, you
continue to come up and tell me you're funding them for 30 days, you're funding them for 40
days. You know, where will the rubber meet the road?
Mr. Odio: Today, sir. We are recommending that they would not be funded.
Vice Mayor Dawkins: "They," who?
Mr. Odio: These two organizations.
Vice Mayor Dawkins: OK. But you're recommending...
Mr. Odio: Latin Quarter and New Washington Heights.
Vice Mayor Dawkins: OK. What is the end of the fiscal year?
Mr. Odio: June 30th.
Mayor Clark: June 30th.
Mr. Odio: So we're saying they did not comply, that all the others have complied,
substantially...
Vice Mayor Dawkins: They have complied fully.
Mr. Odio: Fully. All other organizations have complied fully.
Mayor Clark: All right, Ms. Bell, identify yourself for the record.
Ms. Jackie Bell: Sure. My name is Jackie Bell. I agree with some of what Frank is saying. We
was not able to totally comply the last period (last portion of statement unintelligible). We
notified them what the problem was and (last portion of statement unintelligible) only a verbal
conversation with the staff. I asked you if (inaudible), and all of you told me 20 years, first time
in my life I have not complied with the contract, but I asked you that due to the extenuating
circumstances of this (last portion of statement unintelligible) consider and put us on probation
for the next quarter. And we are redoing our staff, and it has been difficult. I don't, as a rule,
complain about contractual things.
Mayor Clark: Is Father Barry the board president?
Ms. Bell: Yes, sir. OK. And I'm not fighting with the staff. They are telling the truth, OK. But
the circumstances have not just been the perfect ones, but...
43 March 24, 1994
Commissioner Plummer: Jackie, let me ask you a question.
Ms. Bell: Yes, sir.
Commissioner Plummer: According to this, you've had nine months. You got one quarter left.
Ms. Bell: But we're not talking about nine months. We're talking about a quarter.
Commissioner Plummer: OK.
Ms. Bell: We're talking about...
Commissioner Plummer: OK. You got one quarter left. You had three quarters.
Ms. Bell: Yes.
Commissioner Plummer: OK. According...
Ms. Bell: But they're not saying that we didn't comply all the time.
Commissioner Plummer: Well, excuse me.
Ms. Bell: OK.
Commissioner Plummer: Now, you can argue with what I have in front of me...
Ms. Bell: No, I'm not, I'm not arguing, I'm not arguing because...
Commissioner Plummer: Well, you better, because if not, you're in trouble.
Ms. Bell: OK.
Commissioner Plummer: All right? The objectives, technical assistance, none. The facade,
none.
Ms. Bell: Well, wait, wait.
Mayor Clark: Let him finish.
Ms. Bell: OK.
Commissioner Plummer: Now, you know, that's not one or two. That's a goose egg. Now, how
much money have they received to this point?
Mr. Odio: Thirty-seven thousand, one hundred.
Commissioner Plummer: OK. What has that money gone for?
Mr. Castaneda: Staff salaries.
Commissioner Plummer: Huh?
Mr. Castaneda: Staff salaries.
44 March 24, 1994
Commissioner Plummer: Thirty-seven thousand for staff salaries, and according to this
document, they have not done any of these.
Ms. Bell: That's not true. OK?
Commissioner Plummer: That's why I say you better argue.
Ms. Bell: Now, OK. Let me step back and say to you, we have a new kind of reporting, and
what you have ongoing cannot be considered as completed. There are things that you can't
complete in a quarter. OK? So when they say nothing has been done...
Commissioner Plummer: This is three quarters. This is nine months that we're talking about
here, Jackie.
Ms. Bell: There have been and is work going on. OK. Maybe in their opinion...
Mayor Clark: Jackie, let me say this. There's going to be no money awarded today. If you want
to make a full report in writing to my colleagues, and myself, and the Manager, we would accept
that, because the arwards will be made on the 14th of April, not today.
Commissioner Plummer: I would ask, Mr. Mayor, the same of Jackie that I asked of the Latin
Quarter...
Mayor Clark: Yes, sir. Justify it.
Commissioner Plummer: ... that you give this Commission a report as to what you have spent
the money already received for...
Ms. Bell: Don't have a problem with that, Commissioner.
Commissioner Plummer: And any incurrence that you might have for the remaining quarter, so
we can make a decision based on that.
Ms. Bell: You got it.
Mayor Clark: OK. You bring it back on the...
Commissioner Plummer: Mr. Mayor, based on that, I would move at this time that the
remaining, as recommended, eight agencies be funded for the remaining period of time. I so
move.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Ms. Bell: Thank you.
Mayor Clark: Call the roll, Madam Clerk.
45 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-171
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH EIGHT (8)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR
THE PERIOD OF APRIL 1 THROUGH JUNE 30, 1994, FOR AMOUNTS AS
SPECIFIED HEREIN, TO CONTINUE IMPLEMENTATION OF ECONOMIC
DEVELOPMENT PROGRAMS, SUBJECT TO PROVISIONS CONTAINED
HEREIN, ALLOCATING FUNDS THEREFOR FROM THE NINETEENTH
(19TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR SAID
PROGRAMS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dswkins, 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
6. SUBMIT APPROVED GRANT PROGRAM FINAL STATEMENT TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD),
REQUESTING $13,681,000 FOR CITY'S PROPOSED COMMUNITY
DEVELOPMENT PROGRAM DURING FY 1994-95; ETC.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: We can move back now to 6.
Commissioner Plummer: Back to 6.
Mayor Clark: Or back to 2 or 3. Where did we stop?
Vice Mayor Dawkins: Two, we go back to 2, Mr. Mayor.
Mayor Clark: Two.
Vice Mayor Dawkins: Go back to 2.
46 March 24, 1994
Commissioner Plummer: Two, isn't it?
Mayor Clark: Yes, sir.
Mr. Cesar Odio: Yes.
Mayor Clark: Twentieth Year Community Development Block Grant application.
Mr.Odio: Right.
Mayor Clark: Do we have persons interested in item 2? Want to speak? Folks, if you're down
here for an allocation for the...
Reverend John White: Mr. Mayor, Mr. Mayor... yes.
Mayor Clark: Just a moment. If you're down here for an allocation today, we're not going to
make any awards today if the monies, so...
Commissioner Plummer: Not at all.
Mayor Clark: ... make your time as short as possible. Yes, sir.
Reverend White: Yes, Mr. Mayor.
Mayor Clark: Your name.
Reverend White: In reference to... We're talking about allocations, I assume, in this hearing. Is
that what we're talking about?
Commissioner Plummer: Hopefully, we're going to apply for the money, we're going to get it,
then we're going to talk after we get it.
Reverend White: OK. So the staff recommendations is not coming before the Commission
today.
Commissioner Plummer: No.
Mayor Clark: Were you recommended?
Reverend White: No, and that's what we're... That's what we want to talk about, that, before
we get too far.
Mayor Clark: Mr. Castaneda, can you put some light on this?
Commissioner Plummer: Right now, there's nothing to talk about.
Mr. Frank Castaneda: Excuse me, Mr. Mayor. Do you want me to go over the
recommendations?
Mayor Clark: He's made an application for CDBG (Community Development Block Grant)
funds.
Mr. Castaneda: Yes. He applied...
47 March 24, 1994
Reverend White: BAME, B-A-M-E. Yes.
Commissioner Plummer: What?
Mr. Castaneda: BAME, that's under Housing.
Commissioner Plummer: Oh, yeah. Oh, no, that's a full-time.
Mayor Clark: What happened? He wasn't approved?
Mr. Castaneda: OK. Do you want me to make a whole recommend... to go over the whole
report, or how do you want me to do it?
Commissioner Plummer: If you do that, we're going to be here all day.
Commissioner Gort: Mr. Mayor...
Mr. Castaneda: OK. In the housing area, basically, the Department of Housing and
Conservation did not recommend any new community -based organizations. His is a new one.
Housing is working with them to develop housing in Overtown.
Commissioner Plummer: You're going to get in trouble.
Mr. Castaneda: However, the recommendation of the Housing Department was not to fund any
new community -based organizations under Housing.
Commissioner Plummer: Mr. Mayor, I move item 2.
Mayor Clark: All right. Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any discussion?
Commissioner Gort: Under discussion, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I think it's important for the public to understand, what we're doing today
is, we're accepting, allowing staff to go ahead and make the application to get the funding.
We're not discussing any specific application today. We'll have time for that later on.
Commissioner Plummer: Well, and also, for the record, we also have the right after which to
change. This is not locked in stone.
Mayor Clark: OK.
Reverend White: Thank you, Mr. Mayor and Commissioners.
Mayor Clark: Thank you. Thank you, sir. All right. Call the roll on that item.
48 March 24, 1994
}R�
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-172
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO SUBMIT THE ATTACHED APPROVED GRANT PROGRAM
FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT OF
$13,681,000 FOR THE CITY'S PROPOSED COMMUNITY DEVELOPMENT
PROGRAM DURING FY 1994-1995, FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID GRANT BY HUD, TO ACCEPT THE
SAME AND EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
7. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTIETH YEAR) --
APPROPRIATE $13,681,000 -- FURTHER APPROPRIATE $2,000,000 FROM 19TH
YEAR CDBG PROGRAM INCOME, AS APPROVED BY DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD), FOR TOTAL OF $15,681,000.
Commissioner Plummer: I move the companion item 3.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Commissioner Plummer: It's an ordinance. It needs to be read.
Mayor Clark: Read the ordinance.
(AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD
BY TITLE ONLY)
49 March 24, 1994
Mayor Clark: All right. He's: read the ordinance, Is there a motion?
Commissioner Plummer: No, we already did it.
Commissioner Gort: Moved and seconded.
Ms. Matty Hirai (City Clerk): We have the motion, Mr. Mayor. We have a motion.
Commissioner Plummer: I made the motion.
Mayor Clark: Call the roll.
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTIETH YEAR)," AND
APPROPRIATING $13,681,000 FOR THE OPERATION OF SAME; FURTHER
APPROPRIATING THE SUM OF $2,000,000 FROM NINETEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL
APPROPRIATION OF $15,681,000; 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
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, agenda item 4 was
withdrawn
iMayor Clark: Item number 5.
Commissioner Gort: Mr. Mayor, before we go on, could staff or someone inform the public of
what has taken place? Because there are a lot of people here that believe they're going to be
discussing the specific items.
Mayor Clark: What item, Willy?
50 March 24, 1994
[NOTE: INTERSPERSED THROUGHOUT THE
HEREINTRANSCRIPT, ARE STATEMENTS IN SPANISH.
FOLLOWING EACH AND EVERY STATEMENT, PLEASE FINDTHE
CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH,
AS THE CASE MAY BE. ADD SPANISH STATEMENT WILL BE
DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE
BY FRANK CASTANEDA.]
Mr. Castaneda: NO VAMOS A OIR HOY LA DISCUSION SOBRE LA SEPARACION DE
FUNDOS DEBAJO DEL DESARRALLO COMUNITARIO. ESTAS VAN SER OIDAS EN LA
PROXIMA REUNION Y VA A SER ABRIL 14... Time specific?
Mayor Clark: Sir?
Mr. Castaneda: After... DESPUES DE LAS DIEZ DE LA MANANA. After 10:00 o'clock.
TRANSLATION: We are not going to hear the discussion on the separation of funds under the
Community Development Block Grant. They will be heard at the next meeting and that will be
April 14th, after 10:00 o'clock.
Mayor Clark: If you're here on those items, be back here on the 14th of April.
Mr. Castaneda: The public hearing on the Community Development Block Grant will be on April
14th, after 10:00 o'clock.
Commissioner Plummer: Welcome to organized confusion, Mayor Clark: If you leave, please,
leave quietly. SILENCIO.
-------------------------------------------------------------------------------------------------------------------
8. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF ORTHO-FLEX
SADDLES, GIRTHS, AND BREAST PLATES FROM ORTHO FLEX SADDLE
COMPANY -- FOR POLICE DEPARTMENT.
Lt. Joseph Longueira: Yes, number five.
Mayor Clark: All right.
Commissioner Gort: Ortho-flex saddles.
Commissioner Plummer: I... you know, that's an insult.
Mayor Clark: Item 5, resolution authorizing the purchase of ortho-flex saddles.
Commissioner Plummer: Mr. Mayor, let me tell you my opinion here.
Mayor Clark: Yeah.
Commissioner Plummer: I will vote to buy saddles for the mounted of the police, but you insult
my intelligence...
Vice Mayor Dawkins: Mine also.
51 March 24, 1994
Commissioner Plummer: ...when you tell me that there is only one company, a sole source, that
sells saddles. For hundreds of years, saddles have been made and sold. Now, let me tell you, I
think this is a classic example of the Police Department writing a set of specs that they can only
have one bidder, And, in my opinion, it is a divisive way of doing things. It destroys the
integrity of the bidding system because you cannot convince me that there is only one company
who makes saddles for horses.
Mr. Cesar Odio (City Manager): This one tickles the horses.
Commissioner Plummer: Yeah, this tickles the horse. Well, it doesn't tickle the taxpayers who
have to pay for it.
Mayor Clark: But, J.L...
Commissioner Plummer: They are damn upset about it.
Mr. Odio: Can he explain why...?
Commissioner Plummer: No, no. I don't want to hear it.
Mayor Clark: Please, please, just a moment.
Commissioner Plummer: I am going to vote for it.
Mayor Clark: Please!
Commissioner Plummer: And if you would have put it on here as a saddle for horses for the
mounted, I would have voted for it. But don't insult my intelligence that there is only one
company.
Mayor Clark: It says here, in the next paragraph, that they are using two types of saddles right
now.
Commissioner Plummer: Yeah, I understand it, Mr. Mayor.
Mayor Clark: Of the same company.
Unidentified Speaker: No, sir.
Lt. Longueira: No, sir. Those were other types of companies. And... and that's the problem, sir.
They are an old type of saddle that has, like, a carved wood insert, and what is happening is
those style saddles are recreational. They are breaking down, they are hurting our horses. We
have several horses with injuries because of that kind of saddle. We want to go to a new
generation type saddle that doesn't injure the horses.
Mayor Clark: Is there a motion on the item.
Commissioner Plummer: We got to buy them. I'll move it, Mr. Mayor. But I'm just...
Mayor Clark: Is there a second?
52 March 24, 1994
Commissioner Plummer: ...for the record, I had to say what I had to say.
Mayor Clark: Is there a second? All in favor of the motion...
Commissioner Plummer: Say you already bought them. Take it out of your petty cash.
Mayor Clark: All in favor of the motion signify by saying, "Aye." Opposed like sign, so
ordered.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-173
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF
THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF ORTHO-FLEX SADDLES, GIRTHS, AND BREAST
PLATES FROM ORTHO-FLEX SADDLE COMPANY, THE SOLE SOURCE
PROVIDER FOR THIS EQUIPMENT, AT A PROPOSED TOTAL COST OF
$23,950.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: You know, all I can say again is... it's amazing how, Mr. Manager, when
you want a sole source, you go and spend the money but when I yell and scream that you do not
find a black sole -source to spend the money and pay afterwards, you come and tell me I have to
find you one. But I just... and, like J.L., I'm only putting this on the record. See?
Commissioner Plummer: It is the way you write...
Vice Mayor Dawkins: Sometimes you need to bring me a black vendor who you have already
bought from and tell me, "Miller Dawkins, I have the material, pay them." Sometime... I mean, I
53 March 24, 1994
have been here 13 years, and I haven't seen it yet. And, maybe I'll see it in the next 13 weeks.
Thank you, Mr. Manager.
Commissioner Plummer: It is how you write the specs.
Mayor Clark: OK. Here we go.
-------------------------------------------------------------------------------------------------------------------
9. (A) RESCIND RESOLUTION 94-100, - ACCEPT ECONOMIC ADJUSTMENT
GRANT ($1,000,000), JOINTLY WITH THE CENTER FOR HEALTH
TECHNOLOGIES, INC. (FROM U.S. DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION) TO RENOVATE CITY -
OWNED PROPERTY (THE FORMER MUNICIPAL JUSTICE BUILDING) TO
HOUSE A HEALTH TECHNOLOGIES BUSINESS INCUBATOR.
(B) DIRECT CITY MANAGER TO NEGOTIATE WITH CENTER FOR HEALTH
TECHNOLOGIES, INC. TO PROTECT CITY'S INTEREST CONCERNING
RENOVATION OF FORMER MUNICIPAL JUSTICE BUILDING IN
FURTHERANCE OF ITS PROJECT TO HOUSE A BUSINESS INCUBATOR,
WITH CONDITIONS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 6.
Commissioner Plummer: Mr. Mayor, as you know...
Vice Mayor Dawkins: Did we call the roll?
Mayor Clark: Yeah, all in favor, I said...
Vice Mayor Dawkins: That's right, you did and we all agreed.
Commissioner Plummer: ...I have... Mr. Mayor, I have some very serious problems in this area.
The Manager has asked me to vote to accept the grant, which I will do under the following
conditions. As you know, that building we have tried to sell and get it back on the tax rolls. At
this point, we have not been successful.
Mayor Clark: Right.
Commissioner Plummer: Mr. Mayor, the Health Technology Institute is a great institution.
They don't pay us any rent at the present time. What is being asked here is what I think is
absolutely out of question. They are going to receive approximately a million dollars to rehab
the building for them. They then ask us, EDA (Economic Development Administration),
requires that we must be a co-signer of the note. If, in fact, there is a default on their part, this
City has to pick up a million dollars and a building that is full of asbestos. Number two, OK?
Mayor Clark: Yeah.
Commissioner Plummer: Then, if you agree to this, and you accept this money, for 25 years, 25
years you are bound that you must keep this kind of facility in a City -owned piece of property
worth approximately, on today's market, six million dollars. We receive no income, none
whatsoever. I will vote, today, as requested by the Manager, to accept the grant. But at... with
the full understanding that he has to go to Atlanta, negotiate with these provisions that they
54 March 24, 1994
cannot obligate this Commission on this piece of property, which could be a very valuable tax
source to this community. There are a lot of other empty buildings that this institute could go
into without this kind... Now, the one thing that I've also agreed to is if... I will withdraw if they
guarantee us that, within ten years, they will purchase that property from the City of Miami at
appraised value. But to have that property tied up for 25 years, I think is out of the question, and
for us to sign a million dollar - co-sign a million dollar note - is out of the question. So I make
those comments on the record, Mr. Mayor.
Mayor Clark: Mr. Dubbin, are you here to present... represent this client?
Commissioner Gort: I...
Mr. Murray Dubbin: All right.
Commissioner Gort: I'll second the motion.
Mr. Dubbin: Mr. Mayor, I am here to represent the Center for Health Technologies. I'm
immediate past chairman. My name is Murray Dubbin, I'm an attorney in Miami, and one of my
civic projects is the Center for Health Technologies. And I'm here as a spokesman. The...
Commissioner Plummer outlined the problem from his point of view, and he and I have talked
about it. There is no... I have no question as to how he feels about it. I understand how he feels.
On the other hand, we are concerned, we, the Center for Health Technologies, which is
represented, not just by me, there are other representatives, I won't take the time, members of the
board, and affiliates, and our president, vice president, are here to support our request for your
reconsideration. The EDA has just flat turned down the two conditions that were imposed, and
the resolution that was adopted a couple of weeks ago. They said they wouldn't accept it and
that if those conditions were not reconsidered, they would immediately terminate the grant
within twenty-four hours.
Mayor Clark: Wait Murray, wait just a moment. The Manager has discussed it with EDA, and
they have agreed to negotiate with the City.
Commissioner Plummer: That's what he's...
Mr. Dubbin: That's newer news, and I agree. I was going to get to that.
Mr. Cesar Odio (City Manager): We...
Mr. Dubbin: So what... well, let's get right to that. I would... we are here really to request that
you do what Commissioner Plummer suggested. And that is to rescind these two, at this time,
these two conditions. Instruct the Manager to go to Atlanta, or consult with the EDA people,
and negotiate language that is acceptable to this Commission. And to negotiate with the Center
for Health Technologies language that would accommodate the acquisition by the Center within
a period of 10 years. We are willing to give that a try. But, right now, we are about to lose...
when I say we, it's money that is going to the center and to the City. Because the City owns the
building. The million dollars is going to be used to improve the building. It's going to be used
to make that building workable and usable, and...
Mr. Odio: Excuse me.
Mr. Dubbin: ...at the same time we find... Yes.
Mayor Clark: Hold it.
55 March 24, 1994
Mr. Dubbin: I'm sorry, Mr... I don't...
Mr. Odio: That's a good point. The million dollars are going to renovate the building, so we get
a better building if we get it back.
Vice Mayor Dawkins: Is it going to remove the asbestos?
Mr. Odio: Yes. You have to clean up the building. The million dollars goes to renovate...
Vice Mayor Dawkins: No, no, no. Is it going... the million dollars is going to remove the
asbestos.
Mr. Dubbin: The asbestos...
Vice Mayor Dawkins: No, I'm talking to the Manager, Mr. Dubbin. I'm talking to...
Mr. Dubbin: The asbestos has been addressed already.
Mr. Odio: They... They...
Mr. Dubbin: It has been dealt with already.
Mayor Clark: The question is to the Manager. Mr. Manager.
Mr. Dubbin: Oh, I'm sorry.
Mr. Odio: The asbestos had been taken care of. The million dollars have to go to the
I improvements of that building.
Vice Mayor Dawkins: You removed the asbestos?
Mr. Odio: Physical. The asbestos had to already been taken care of.
Vice Mayor Dawkins: Removed all of the asbestos?
Mr. Odio: If there is any there...
Vice Mayor Dawkins: I keep asking that.
Mr. Odio: Yes, it would have to be removed.
Commissioner Plummer: You know, that's... Mr. Mayor, if I may?
Vice Mayor Dawkins: Now, secondly... Secondly, wait, wait... J.L., please.
Mayor Clark: J.L., please, please, Mr. Dawkins hasn't finish yet. Hold on a minute.
Vice Mayor Dawkins: Wait, J.L. J.L., please. OK. Yes, sir. Mr. Dubbin.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mr. Dubbin: What's the question?
56 March 24, 1994
Mayor Clark: Mr. Dubbin.
Vice Mayor Dawkins: No, no, no. It's a statement, not a question. I told you before that I
would not vote for any more grants to this program. I told you that. We discussed it. I said to
you, Mr. Dubbin, that the private sector should fund this private endeavor. So, therefore, I
cannot... even though the Manager has asked that I support it, I cannot support it, because I said
long ago that I would not vote for any more grants to this project.
Commissioner Plummer: Mr. Dawkins, you, you have expressed that to me, and that doesn't
catch me by surprise. I do want to add this, that there are alternatives, as has been pointed out,
there are a lot of empty buildings around. And there are other opportunities. One of the things
that tends to keep this Center... want to stay where it is, the late action of the development of the
empowerment zone. This is right smack in the middle of the empowerment zone. And, it
creates, to me, if I were sitting as an administrator or a legislator for the City, a very exciting
opportunity for the City to further make use of this property, and to help develop the dream that
the empowerment zone has... That's one of the reasons that we are trying, struggling so hard to
maintain this property. And hope that we can... Cesar, don't we have another building
somewhere?
Mr. Dubbin: ...continue to do it. So, I urge that you adopt...
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: I think he hasn't finished.
Vice Mayor Dawkins: You know...
Mayor Clark: I'm sorry.
Vice Mayor Dawkins: Thank you, Mr. Mayor. I could accept that as gospel if the empowerment
zone had been in placed prior to your wanting to do what you are doing.
Commissioner Plummer: Buy it. Let them buy it.
Vice Mayor Dawkins: But that's a part of my problem with the empowerment zone extending to
the airport. The people in the zones who were supposed to be empowered, that's not Health
Technology, that's going from 2nd Street, 3rd Street, 8th Street, from the Arena. You know,
let's get in there and take that neighborhood, and the people who own property in there, and do...
Commissioner Plummer: That's...
Vice Mayor Dawkins: ...empower them, sir.
Mr. Dubbin: Absolutely.
Vice Mayor Dawkins: And then... And then let the... If we can take the empowerment zone and
lift up Overtown, Liberty City, Little Havana, and you take the private sector, and empower in
that zone, we join together.
Mr. Dubbin: Let me answer that.
Vice Mayor Dawkins: Uh-huh.
57 March 24, 1994
mZ)
Mr. Dubbin: Part of this project, as you know, is within one definition...
Commissioner Gort: Mr. Murray.
Mr. Dubbin: ...of Overtown.
Commissioner Gort: Mr. Mayor, may I interrupt him for a minute?
Mr. Dubbin: It's four blocks away.
Mayor Clark: Yes. Mr. Gort.
Commissioner Gort: Excuse me.
Mr. Dubbin: Yes.
Commissioner Gort: For the benefit... We have a lot of details, and a lot of data here that the
public is not aware of it. And they listen to the discussion, and sometimes they ask me, "Could
you, briefly, in five minutes or less explain what you do, what you intend to do, and what would
be the benefits for the area, and the neighborhoods around it, please?"
Mr. Dubbin: I'd like to ask Dr. Man if he would?
Dr. Eugene H. Man: Thank you. Thank you, the functions of the Center for Health
Technologies... I'm Eugene Man, I'm president, CEO (Chief Executive Officer), of the Center
for Health Technologies. This organization was created to put new companies into the
marketplace that are specializing in the health technologies. That's the kind of companies that
design, add, build devices, pharmaceuticals, and other supplies that are used by the health-care
industry. We have a very large beginning in this industry in the community, and the idea when
the State approved the creation of the Center for Health Technologies, we call it CHT, was that
we would build on this base and create new companies. And that's what we are doing. We have
25 companies now in the incubator which we use to develop these companies and move them
out. What we add to this is we add jobs. We provide opportunities for jobs in a technology
industry. We are one of the entry points for jobs for minorities, and we've made this a point.
We have Mr. Benjamin here, Don Benjamin, who is on our board, and he is working with us in
this regard, so, that we know our responsibilities, to put new companies, to do a job for the
community in terms of providing jobs and employment. We look at - in the next ten years -
1,500 long-term jobs to be created. We'll have,. we hope if you go along with our plans, we'll
have construction there. We'll have privately funded about $20 million dollars. We did agree,
on our original lease, that we would pay a fee in lieu of taxes. And we calculate that that would
be $600,000 payment, fees in lieu of taxes.
Commissioner Plummer: Every year?
Mr. Man: Well, as we develop, as we add tenants to that, to the refund... to the rehabilitated
building. We can't do it until we...
Mayor Clark: What would they average per year?
Mr. Man: This is a total, I don't know how the curve...
Mayor Clark: But, what did they figure, 25 years?
Mr. Man: It phases in.
58 March 24, 1994
Commissioner Plummer: Yeah, it's 25 years.
Mr. Man: Well, as we... I'm talking 10 years here, till 2002. We are making significant capital
improvements. We are cleaning up hazardous materials. We've already done the termites and
we have had the... it has been approved by both HUD (Department of Housing and Urban
Development) and EDA that we've taken care of the asbestos. We've mediated that. This
building has been empty. It has been a very unproductive building for the last two years. We
are going to make this a center of activity, and a very exciting place.
Mayor Clark: OK.
Mr. Dubbin: Let me...
Commissioner Gort: Thank you, sir. I have some further questions.
Mayor Clark: All right. Please, sir.
Commissioner Gort: My understanding is that, and correct me if I'm wrong, that we can make
part of the contracts that if any new companies develop within this incubator, that we can request
that they be...
Mr. Odio: Within the City limits.
Commissioner Gort: ...within the City limits, and some of the neighborhoods within the
empowerment zone. At the same time, can we request that training be provide within the? We
have identified certain neighborhoods within the empowerment zone that needs a lot of help, and
can we request that they have a program for...?
Mayor Clark: Employment?
Commissioner Gort: ...training, a training program...
Mr. Odio: Yes, sir. That's part of...
Commissioner Gort:... so, we can get employment within those areas?
Mr. Odio: That is part of it.
Commissioner Gort: Thank you.
Mayor Clark: That's all in...
Commissioner Plummer: May I ask a question, Mr. Mayor.
Mayor Clark. Mr. Plummer, you are on.
Commissioner Plummer: You know, it's funny, Mr. Manager, when we tried to use that building
instead of going to the Dupont Plaza for office space, you told me it was going to take two and a
half million dollars to rehab that building because it needed an entirely new roof, and the
asbestos problem. And now, we are talking about rehabbing it for a million. My next question
is, if that property were to be sold to the private sector tomorrow, Doctor, that would bring in
approximately $200,000 of taxes to this City, which it sorely needs. Are you prepared to pay to
this City the $200,000 to provide you the municipal services? If not, are you prepared to buy
59 March 24, 1994
your own fire truck, and your own Police Department, and all the rest, because we cannot afford
to continue to provide municipal services for all of this tax-exempt property. Now, I think that's
part of the negotiating point, right now, that you will pay no less than $200,000 a year, which is
if we sold the property, would be income revenue to the City. Plus the six million dollars we
would get for the sale of the property. I just think we are here to protect these assets of the
people of this community. I like your facility. It can go elsewhere. This is not locked into that
particular location. I spoke to the Doctor about going over and buying the old Miami Daily
News building. Why? He didn't want it? Well, that's his determination, and that's fine. But,
let me tell you, this is City -owned, taxpayers' money. And I am just saying, for the record, if
they are not prepared, Mr. Manager, to pay this City at least what is the equivalent of ad valorem
taxes, then don't provide... we can't provide municipal services. We just cannot continue.
Mayor Clark: Thank you, Mr. Plummer.
Dr. Man: Is that a question?
Mayor Clark: Further discussion?
Mr. Odio: Sir.
Mayor Clark: What's the...
Mr. Odio: We need a resolution rescinding resolution 94-100, and accepting... and then... and
have the EDA grant accepted as submitted.
Mayor Clark: Negotiated...
Mr. Odio: Subject to...
Mayor Clark: ...further negotiations.
Mr. Odio: ...subject to negotiations.
Commissioner Plummer: Oh, yeah.
Mayor Clark: Motion first. Is that motion to rescind...
(INAUDIBLE BACKGROUND COMMENTS MADE OUTSIDE OF THE PUBLIC RECORD)
Commissioner Plummer: What's that?
(INAUDIBLE BACKGROUND COMMENTS MADE OUTSIDE OF THE PUBLIC RECORD)
Commissioner Plummer: Yeah, the conditions that I've said. Sure.
Mr. Odio: Yes, I understand.
Commissioner Gort: The $200,000 minimum, and so on, and so on.
Commissioner Plummer: Yeah.
Mayor Clark: Motion on the first item to rescind.
Commissioner Gort: Or a lease -purchase agreement.
60 March 24, 1994
Mayor Clark: Will you move that, Miller?
[Commissioner De Yurre nods as mover of the motion]
Mayor Clark: All right.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Plummer: Yeah.
Mayor Clark: Is there a second?
Commissioner Plummer: I'll second it.
Mayor Clark: With no exceptions. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO.94-174
A RESOLUTION RESCINDING RESOLUTION NO. 94-100, ADOPTED ON
FEBRUARY 17, 1994, IN ITS ENTIRETY AND AURTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, JOINTLY WITH THE CENTER FOR
HEALTH TECHNOLOGIES, INC., FROM THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION ("EDA"), IN
THE AMOUNT OF $1,000,000 FOR THE PURPOSE OF CREATING A
BUSINESS INCUBATOR FOR HEALTH TECHNOLOGIES, SAID INCUBATOR
TO BE LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI, FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT AND IMPLEMENT SAID GRANT, SUBJECT TO
APPLICABLE CITY CHARTER AND CODE PROVISIONS.
(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.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: None.
61 March 24, 1994
Mayor Clark: Now, a new motion.
Commissioner Plummer: Mr. Mayor, I will make the motion, at this time, that the grant be
accepted with the following conditions that the Manager must negotiate, which I have spelled
out, and I don't think you need me to do it again. And that, at that time, the Manager come back
to this Commission for final approval.
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: Mr. Mayor, if I may? I would also ask the Manager...
Mr. Odio: To word that that if you don't get, we don't obtain what we are trying to achieve, that
then we ask EDA to rescind the grant.
Commissioner Plummer: Oh, of course.
Mr. Odio: OK.
Commissioner Plummer: Mr. Manager, I would also ask in the same, in the same breath, that
you try to find some other facility that might be available to them other than this very valuable
piece of property. I think, right off the bat, old fire station number two.
Mayor Clark: All right. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
I MOTION NO.94-175
A MOTION OF THE CITY OF MIAMI COMMISSION STIPULATING THAT IN
CONNECTION WITH THE ACCEPTANCE OF THE GRANT FROM U.S.
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION
("EDA"), IN THE AMOUNT OF $1,000,000, JOINTLY WITH THE CENTER FOR
HEALTH TECHNOLOGIES, INC., [APPLICANT MUST AGREE TO PAY THE CITY
THE EQUIVALENT OF AD VALOREM TAXES THE CITY WOULD OTHERWISE BE
ENTITLED TO RECEIVE IN ORDER THAT MUNICIPAL SERVICES MAY BE
RENDERED] FURTHER DIRECTING THE CITY MANAGER TO TRY TO FIND AN
ALTERNATIVE SITE WHICH MIGHT HOUSE THIS PROJECT OTHER THAN THE
MUNICIPAL JUSTICE BUILDING, (1145 N.W. 11 STREET) AS IT IS A VERY
VALUABLE CITY -OWNED PROPERTY; FURTHER STIPULATING THAT IF AN
ALTERNATIVE SITE WERE NOT FOUND, THEN CHT WOULD AGREE TO PAY
THE CITY WHATEVER THE EQUIVALENT WOULD BE OF AD VALOREM
TAXES, IN ORDER FOR THE CITY TO BE ABLE TO PROVIDE MUNICIPAL
REVENUES; AND FURTHER DIRECTING THE MANAGER TO GO TO ATLANTA
AND NEGOTIATE WITH EDA APPROPRIATE LANGUAGE THAT WOULD BE
ACCEPTABLE TO THIS COMMISSION AND TO NEGOTIATE WITH THE CENTER,
LANGUAGE WHICH WOULD PROVIDE FOR THE ACQUISITION OF SAID SITE
BY THE CENTER WITHIN A PERIOD OF 10 YEARS AND IF THE CENTER IS NOT
AGREEABLE TO THE HEREIN CONDITION, THE CITY WOULD CONSIDER
RESCINDING ACCEPTANCE OF THE EDA GRANT; AND FURTHER DIRECTING
THE CITY MANAGER TO COME BACK AT A LATER DATE BEFORE THE
COMMISSION FOR ITS FINAL APPROVAL,
62 March 24, 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 motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
i
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
10. GRANT REQUEST TO CITY OF SWEETWATER FOR 12 FORMER CITY OF
MIAMI POLICE VEHICLES, (SURPLUS EQUIPMENT) SUBJECT TO
AVAILABILITY OF SAME.
Mayor Clark: Six -A.
Mr. Cesar Odio (City Manager): We recommend, Mr. Mayor, Commissioners, that we do
donate the 12 former police patrol cars when they...
Mayor Clark: Give me a motion.
Vice Mayor Dawkins: Move it.
Mr. Odio: ...when they become available.
Commissioner Plummer: Second.
Mayor Clark: Moved and seconded. All in favor of the motion signify by saying "Aye".
Opposed like sign. So ordered. Thank you, sir.
Mr. Earl Carrol: Thank you.
63 March 24, 1994
ps.A�
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The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO.94-176
A RESOLUTION CLASSIFYING UP TO TWELVE (12) SURPLUS POLICE
PATROL SPECIFICATION VEHICLES AS CATEGORY "A" SURPLUS STOCK,
SHOULD SUCH CARS BECOME AVAILABLE; FURTHER, STIPULATING
THAT, IN SUCH CASE, SAID VEHICLES SHALL BE DONATED TO THE
CITY OF SWEETWATER, FLORIDA, SUCH DONATION TO BE VALID AND
EFFECTIVE BETWEEN MARCH 24, 1994 AND MARCH 23, 1995, UPON THE
EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS; SAID
VEHICLES TO BE USED BY THE CITY OF SWEETWATER, FLORIDA, IN ITS
EFFORTS TOWARD DETERRING CRIME.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Remember those police cars cannot write tickets to any of the five
standing up here.
64 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
11. GRANT REQUEST TO REPRESENTATIVES OF CUBAN MUNICIPALITIES FAIR
CORPORATION TO HOLD ITS TWELFTH NATIONAL FAIR (APRIL 7-10, 1994)
ON THE PREMISES OF THE PARKING LOT ADJACENT TO FLAGLER DOG
TRACK, WITH PROVISOS - SUBJECT TO CONDITIONS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: The next item.
Commissioner Plummer: Cuban Municipalities, I'll move it, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Second.
Mayor Clark: All in favor signify by saying "Aye."
Commissioner Plummer: Let me... Mr. Manager, if I may? I would hope that you will tell the
Cuban Municipalities...
Commissioner Gort: They are right here.
Commissioner Plummer: OK. Gentlemen, we had a problem in Calle Ocho, we had a problem
in Bayfront Park, with games of chance. I beg of you that there shall be no games of chance, no
gambling, and no prices of knives, or anything of that nature to be given away as a prizes. I will
tell you that I will be there, and if I find any games of chance or any knives or weapons kind of
things, I'm going to raise hell. Please keep me happy.
Mr. Jose Rodriguez: Commissioner Plummer, you have got my word that none of those games
will be there. I will be there personally.
Commissioner Plummer: Thank you very much.
Commissioner Gort: Name and address. Your name.
Mr. Rodriguez: My name is Jose Rodriguez, I'm representing Amusement of America, the
company that sponsors the festival and the Cuban Municipality Fair.
Mayor Clark: All right. Make sure, now, you follow through with that.
Mr. Rodriguez: Thank you.
65 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-177
A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE
CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON
APRIL 7-10, 1994, ON THE GROUNDS OF THE FLAGLER DOG TRACK;
DECLARING THAT SAID FAIR SHALL NOT BE CONSIDERED AS ONE OF
THE TWO ALLOWED EVENTS PER SITE PER YEAR FOR ACTIVITIES OF
THIS TYPE; SUBJECT TO THE FOLLOWING CONDITIONS: 1) NO GAMES
OF CHANCE OR GAMBLING SHALL BE CONDUCTED DURING THE FAIR;
AND 2) NO WEAPONS SHALL BE GIVEN AWAY AS PRIZES TO THOSE
ATTENDING THE FAIR; FURTHER, CONDITIONED UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES
AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
12. GRANT FEE WAIVER REQUEST BY REPRESENTATIVES OF MARCH OF DIMES
BIRTH DEFECTS CONCERNING 24TH ANNUAL "WALKAMERICA" EVENT TO
BE HELD AT PEACOCK & MERRIE CHRISTMAS PARKS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right now, on item number 6-C. Did we move 6-C?
Commissioner Gort: Move it.
Commissioner Plummer: Let me ask this. Mr. Manager, 6-C. How much are they actually
asking for, what does it cost the people, what does it cost the City?
66 March 24, 1994
Mr. Cesar Odio (City Manager): It's a total of about $2,000.
Commissioner Gort: Two thousand?
Mr.Odio: Yes.
Commissioner Plummer: OK. Just remember that the City is making the donation, not the
March of Dimes.
Commissioner Plummer: And J.L. is going to be walking.
Commissioner Plummer: Yeah. I'll be right behind you and Victor.
Commissioner Gort: I moved it.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-178
A RESOLUTION RELATED TO THE 1994 MARCH OF DIMES WALK
AMERICA TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH
DEFECTS FOUNDATION ON APRIL 9, 1994, WAIVING ALL WAIVABLE
USER FEES AS PERMITTED BY THE CITY CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE FIRE -RESCUE DEPARTMENT TO PROVIDE AN ON -DUTY
RESCUE UNIT DURING SAID EVENT; SAID AUTHORIZATIONS BEING
SUBJECT TO THE ORGANIZERS PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH
SAID EVENT AND OBTAINING ALL NECESSARY PERMITS AND
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, 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
NAYS: None.
ABSENT: None.
67 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
13. DIRECT CITY MANAGER TO SIT DOWN WITH REPRESENTATIVES OF MIAMI
OUTBOARD CLUB TO NEGOTIATE EXTENSION OF THEIR PRESENT LEASE
AGREEMENT -- DIRECT MANAGER TO COME BACK WITH
RECOMMENDATION FOR COMMISSIONERS' CONSIDERATION AND ACTION.
Mayor Clark: All right, let's go to 6-D.
Mr. Cesar Odio (City Manager): Yes, sir. Mr. Mayor, on 6-D.
Commissioner Plummer: Did we vote on C?
Mayor Clark: Yes, we did. Cast a unanimous ballot.
Ms. Matty Hirai (City Clerk): The Mayor indicated it was a unanimous ballot.
Commissioner Plummer: Oh, OK. Fine, fine. 6-D.
Mr. Odio: They are requesting an extension of the lease. I think that it's premature for us to just
agree like this...
Mayor Clark: Wait, wait now. I've got a... I've got a... It's my Irish gets up here.
Mr. Odio: OK.
Mayor Clark: What can... let me hear what you want, first.
Mr. Sergio Perez: Good morning, Mr. Mayor, Commissioners, City Manager. My name is
Sergio Perez. I live on 2355 N.W. 1st Street for 28 years. At the present time I'm the
commodore of the Miami Outboard Club. And I would to thank you to have us in here, and also
I would like to introduce our club members that is here today. And...
Commissioner Gort: It's the whole gang here.
Mr. Perez: ...without any further delay, I would like to present Mr. Richard Taylor, which is on
the Lease Committee and advisor. So, Mr. Taylor.
Commissioner Plummer: Can I ask, Mr. Mayor, and maybe we can short-circuit this.
Mayor Clark: Please, I want to ask Dixie, how do you...?
Commissioner Plummer: If, what I'm hearing is, they want the right to sit down and negotiate
with the Manager to come back at this Commission with a later recommendation. Is that what
you are asking for?
Mr. Richard Taylor: Exactly the point, Commissioner.
Commissioner Plummer: Well, I move it, sir.
Mayor Clark: Second.
68 March 24, 1994
Commissioner Plummer: Go away, sin no more.
Mayor Clark: Any exception? Cast a unanimous ballot.
Commissioner Gort: Discussion, Mr. Mayor.
Mayor Clark: No...
Commissioner Gort: Under discussion, Mr. Mayor.
Mayor Clark: Let me tell you, this is a... if you are not a member, if you have never been to the
Outboard Club, it's one of the finest places for a family. It's open to the public, all races, all
religions, everything. They are a good club. It's a motor -sailing club. And I can tell you if you
go there one time, you are all treated fairly. You don't have to be a member. It's just a great
club. They have been there how many years now?
Mr. Perez: Fifty-six.
Mr. Taylor: Since 1938.
Mayor Clark: Fifty-six years. And it's almost like a landmark. It's like...
Commissioner Plummer: What year?
Mr. Taylor: Nineteen thirty-eight the club was formed.
Commissioner Plummer: No.
Mr. Taylor: Incorporated, yes, sir.
Commissioner Plummer: My Dad was a member in the early...
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: ...forty's. And, I thought it was longer than that.
Mr. Taylor: No. It was 1938. 1 have some of the original papers.
Commissioner Plummer: Harry Santana, and all that group.
Mr. Taylor: That's exactly right.
Mayor Clark: Commissioner Gort.
Commissioner Gort: Mr. Mayor, I want you know I was visiting during the installation, and they
made a commitment to me that they will try to do some fishermen tournament for the City of
Miami, and bring inner City kids, and take them out fishing.
Mayor Clark: They usually do that.
Commissioner Gort: That's the commitment that they have made, and...
Mr. Perez: Commissioner, I have something for you here.
69 March 24, 1994
sMti��
Commissioner Gort: I hope we can do that with some of the other clubs, and so they give an
opportunity to those people.
Mr. Perez: May I approach?
Mayor Clark: Yes, sir.
Mr. Taylor: I have got to assure you that would always be the case.
Commissioner Gort: Thank you.
Mr. Perez: (Inaudible comments not entered into the public record)
Commissioner Gort: Yes. But what we'd like to do is the Inner City, with the kids in the City of
Miami, and some of those neighborhoods, and that's what we'll do.
Mr. Perez: Count with us.
Commissioner Gort: Thank you very much.
Mayor Clark: With no extension, they are going to negotiate the extension.
Mr. Taylor: Correct.
Commissioner Plummer: Well, there are certain criteria that have to be met, and that's what
they'll negotiate about.
Mayor Clark: What they wanted is an extension. "Siempre." Forever.
Mr. Taylor: Thank you.
Commissioner Plummer: Yeah, forever.
Mayor Clark: Dick, how are you feeling.
Mr. Taylor: I'm feeling much better, much "gracias" to you all. I had to...
Mayor Clark: Let me tell you. This is a warning to everyone. He took a flu shot that damn near
killed him.
Mr. Taylor: Three months in the hospital.
Mayor Clark: Three months in the hospital for a flu shot.
Mr. Taylor: But anyway... yes, well it backfired. Very simple, and so that can happen. But it's
all through now.
Mayor Clark: You didn't get the flu, but the... you suffered the consequences.
Mr. Taylor: Only the good die young.
Mayor Clark: Thank you, gentlemen.
70 March 24, 1994
Mr. Perez: OK. Thank you.
APPLAUSE.
i
j The following motion was introduced by Commissioner Plummer, who moved its
j adoption:
MOTION NO.94-179
A MOTION DIRECTING THE CITY MANAGER TO SIT DOWN WITH
REPRESENTATIVES OF THE MIAMI OUTBOARD CLUB TO NEGOTIATE
AN EXTENSION OF THEIR PRESENT LEASE AGREEMENT; FURTHER
DIRECTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION FOR COMMISSION CONSIDERATION AND ACTION.
Upon being seconded by Mayor Clark, the motion 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
NAYS: None.
ABSENT: None.
71 March 24, 1994
---------------------------------------- --------------------------------------------------------------------------
14. GRANT REQUEST TO REPRESENTATIVE OF WARNER BROTHERS TO
TEMPORARILY RELAX THE NOISE ORDINANCE (AT THE SWIRE PROPERTY
AT BRICKELL KEY ON CLAUGHTON ISLAND) IN CONNECTION WITH
PRODUCTION OF FEATURE FILM ENTITLED "THE SPECIALIST."
---------------------------------------------------- --------------------------------------------------------------
Commissioner Plummer: Six-E.
Mr. Cesar Odio (City Manager): On 6-E, Mr. Mayor, we recommend that we waive the noise
ordinance...
Mayor Clark: Six-E.
Mr. Odio: ...for the filming of this movie. We are trying to encourage the film industry to film
in Miami. And they do really...
Mayor Clark: You recommend it?
Mr. Odio: Yes, sir.
Commissioner Plummer: Well, let me ask this question.
Mayor Clark: Moved by Mr. De Yurre. All right.
Commissioner Plummer: You know, how late, and how bad will this be that... Mr. Mayor, you
weren't around here. We caught holy hell when they were doing one down by the bridge
because they didn't go till about 3 o'clock in the morning. And I want to tell you something, we
had an awful lot of upset people. What time is the latest that this thing will go?
Mr. Frank Castaneda: Commissioners, what they are...
Ms. Beverly Visitacion: We are...
Mayor Clark: Six-E.
Ms. Visitacion: We are requesting a three hour noise variance, from 11:00 p.m. to 2:00 a.m.
Commissioner De Yurre: Where?
Ms. Visitacion: We are going to be filming "The Specialist," with Sylvester Stallone and Sharon
Stone.
Commissioner De Yurre: Yes, I know all about that. But where?
Commissioner Plummer: Where?
Ms. Visitacion: At the Courvoisier Center, Swire Properties, at Brickell Key.
Commissioner Gort: Yeah.
72 March 24, 1994
Mayor Clark: Where?
Ms. Visitacion: We have... at Brickell Key, Claughton Island.
Commissioner Gort: Yeah. At Claughton Islands way off.
Commissioner De Yurre: For how many days?
Ms. Visitacion: We are requesting it for three days.
Vice Mayor Dawkins: The sound goes out to the ocean.
Commissioner De Yurre: The sound... yeah. What about the residents there, though?
Ms. Visitacion: They've all been notified through Swire Properties.
Commissioner Gort: They have been invited to a party.
Commissioner De Yurre: And what have they said?
Ms. Visitacion: We have an OK through the community there.
Commissioner De Yurre: Do you have it in writing? I want to see it in writing before I vote for
any of this.
Commissioner Plummer: Well, if you want to approve...
Mayor Clark: How big an explosion?
Commissioner Plummer: ...it is subject to them submitting that, so they don't have to come back
again.
Commissioner De Yurre: Well. Subject... I want something from the homeowners' association
there, the condo association, saying that they are in agreement with this.
Commissioner Plummer: Let me tell you something. The film industry is a great thing for this
community. You spend money like water.
Ms. Visitacion: We do.
Commissioner Plummer: It's a clean industry. But we also have the peace and tranquility of our
constituents. I would beg of you to find every way humanly possible, if you can, to have it
before midnight. OK? Now, we... I'll go along with you to a certain extent providing that you
supply to this Commission what Commissioner De Yurre has asked for. But here again, in the
long run, so that you don't have problems in the future when you are making more movies, I
would hope that you would find a way of trying to do it before midnight.
Commissioner De Yurre: Because, you know, Mr. Mayor, my concern is that, you know, one
night of this, people, OK, they'll put up with it. But three nights in a row of having explosions...
Ms. Visitacion: No, it's not in a row. It's not in a row.
Commissioner De Yurre: What is it?
73 March 24, 1994
Ms. Visitacion: And it's one particular night involves a car explosion.
Commissioner De Yurre: Uh-huh.
Ms. Visitacion: That is a one second sound similar to a firecracker that will happen. We are
going to try to do that before 11:00 p.m. But as a buffer for us in case we were to run into a
special effects problem, or a weather problem, and we had to delay or hold, then we are asking
for just a variance of about three more hours. But we do if... we will attempt to do all of our
sounds before 11:00 p.m.
Commissioner De Yurre: Then what about the second and the third night?
Ms. Visitacion: The second is, there are two nights coming up this Tuesday and Wednesday,
where we are going to have a sort of a Calle Ocho dance festival in the back.
Commissioner Plummer: Excuse me. Could we ask - are the police officers out in the back - to
please go out and ask the people to be quiet so that we can conduct a very fine meeting. I'm
sorry, proceed.
Ms. Visitacion: OK. So that scene is dance music similar to a Calle Ocho festival. It's an
exterior night scene with the City of Miami lit up behind us. That's why we are doing it there at
the Courvoisier Center, so we can get...
Commissioner De Yurre: At the north end?
Ms. Visitacion: At the north end, right by the bay, so that we can get the full effect of all the
lights of the City of Miami in the scene.
Commissioner Plummer: There is no chain saws?
Ms. Visitacion: No. There's only...
Commissioner Plummer: Oh, OK.
Ms. Visitacion: ...Latin music, and lots of dancing, and...
Commissioner Gort: Are the Kiwanis going to be there dancing also?
Ms. Visitacion: Yeah.
Commissioner Gort: Are the Kiwanis invited?
Ms. Visitacion: Anyone is invited. If you can get on Claughton Island.
Vice Mayor Dawkins: Any further discussion?
Commissioner Gort: No.
Vice Mayor Dawkins: Is there a motion?
Commissioner Plummer: Well, the motion... I made the motion.
Commissioner Gort: (Unintelligible)
74 March 24, 1994
Commissioner Plummer: But I accept the friendly amendment of De Yurre that they must
provide us with a letter from the homeowners of Brickell Key that they have no objection.
Vice Mayor Dawkins: You are satisfied, Mr. De Yurre. Call the roll, Madam Clerk.
A. Quinn Jones III, Esq. (City Attorney): There is no provision for waving.
Commissioner Gort: If the Swire Properties allow it.
Commissioner Plummer: Sure.
Mr. Jones: Mr. De Yurre.
Commissioner Plummer: Well.
Commissioner Gort: I think we ought to call it.
Commissioner Plummer: Well, we got a legal problem.
Vice Mayor Dawkins: What's the problem? Mr. City Attorney, what is the problem?
Commissioner Gort: Let me just...
Commissioner Plummer: Well, wait. Wait, wait. Do you want to put it on the record?
Vice Mayor Dawkins: OK. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-180
A RESOLUTION RELAXING THE TIME LIMITATIONS CONTAINED IN THE
CITY CODE ON THE CREATION OF NOISE AND DECLARING CERTAIN
NOISE PROHIBITIONS CONTAINED IN SAID CODE TO BE INAPPLICABLE
TO ALLOW THE STAGING OF THE MOTION PICTURE FILM THE
SPECIALIST IN CLAUGHTON ISLAND UNTIL 2:00 A.M. ON MARCH 29, 30
AND 31, 1994 AND ON APRIL 15-16, 22-23 AND 29-30, 1994, SAID
RELAXATION BEING CONDITIONED UPON THE FILM COMPANY
PROVIDING THE CITY WITH A LETTER WHEREBY THE BRICKELL KEY
HOMEOWNERS' ASSOCIATION STATES THAT THE HOMEOWNERS'
ASSOCIATION DOES NOT OBJECT TO SAID RELAXATION.
75 March 24, 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
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: In voting, let me ask you this, if the Swire Properties, who own the whole
place there has allowed them to do that, I'm sure they've talked to the clients, and they are going
along with it. Yes.
Mayor Clark: I vote, yes. If Skippy says it's all right, it's across from Skippy, right?
Commissioner Plummer: Yeah. Yeah. But he's over on Fisher Island, he doesn't care.
NOTE FOR THE RECORD: At this point, agenda items 9 & 10
were withdrawn.
-------------------------------------------------------------------------------------------------------------------
15. (A) EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS / SPECIAL REVENUE FUND: HAITIAN NARCOTICS
ENFORCEMENT -- ACCEPT GRANT ($135,000) FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS --
EXECUTE DOCUMENTS.
(B) DIRECT CITY MANAGER TO PROVIDE EACH MEMBER OF CITY
COMMISSION MONTHLY REPORT WITH A BREAKDOWN OF
EXPENSES IN CONNECTION WITH EXPENDITURE PAID OUT OF
MONIES FROM THE $135,000 U.S. DEPARTMENT OF JUSTICE, OFFICE
OF JUSTICE PROGRAMS GRANT REGARDING ESTABLISHMENT OF
THE HAITIAN NARCOTICS ENFORCEMENT FUND.
Mayor Clark: Item number 11.
Commissioner Plummer: Move it. If they are going to give us money, take it.
Commissioner Gort: Second.
76 March 24, 1994
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Discussion.
Vice Mayor Dawkins: OK. What is meant by Haitian Narcotics Enforcement? What does that
mean?
Commissioner De Yurre: Oh, I don't want to mess with that.
Lt. Joseph Longueira: Sir, this grant targets narcotics organizations in a certain type of
community. This happens to target narcotics organizations working in the Haitian community.
Mayor Clark: This is a Federal designation.
Lt. Longueira: A Federal grant, yes, sir.
Mayor Clark: A Federal designation.
Lt. Longueira: Yes, sir.
Mayor Clark: You got it.
Vice Mayor Dawkins: OK. All right. You still did not... you told me what you plan to do. You
still did not tell me what it is.
Lt. Longueira: We are fighting drug dealers in the Haitian community.
Vice Mayor Dawkins: OK. This $135,000 is in addition to that which is already budgeted to
fight crime in the Haitian community, or will this $135,000 be used to remove money and place
i it back some place else?
Lt. Longueira: No, sir. This is in addition. That's part of the guidelines for the Federal money.
It cannot supplant current services.
Vice Mayor Dawkins: OK. Now, not you, because you're not Mr. Manager, explain to me how
many additional officers will be put in the Haitian community, how many additional officers will
be in the Haitian community, and how much money will be spent each day, or how this will be
done?
Mr. Cesar Odio (City Manager): This is not for additional police officers, or hiring of. This is to
pay for overtime, and travel expenses, if there is a need for it.
Vice Mayor Dawkins: What are the common expenses? See, I...
Mr. Odio: Travel expenses. If they have to travel during their invest...
Vice Mayor Dawkins: They who? They who?
Mr. Odio: Police officers that are investigating a certain drug case they may have to travel to
other communities, and for the vehicles that are involved in that.
Vice Mayor Dawkins: Say what now?
Mr. Odio: The vehicles that are involved with the officers working overtime, plus if they have to
follow...
77 March 24, 1994
Vice Mayor Dawkins: OK. How many... how many vehicles are now assigned to street
narcotics? Assigned, now?
Lt. Longueira: This isn't through street narcotics, sir. This...
Vice Mayor Dawkins: How many... You see. You see, Mr. Manager, this is what irritates me.
When I ask questions, instead of people answering them, they take me out to left field some
place. How many vehicles are assigned to street narcotics?
Lt. Longueira: Probably 20. But that's not who gets the grant.
Vice Mayor Dawkins: Thank you. Thank you. Thank... I beg your pardon?
Lt. Longueira: That's not who gets the grant.
Vice Mayor Dawkins: OK. I'll wait till you finish. You go ahead.
Lt. Longueira: Sir, the grant goes to our special investigation section who works organized
distribution, not street level, organized distribution, organizations working in the Haitian
community. OK. SIS (Special Investigative Section) not street narcotics unit.
Vice Mayor Dawkins: You're finished?
Lt. Longueira: Yes, sir.
Vice Mayor Dawkins: Now. You say 20 vehicles are assigned to street narcotics.
Lt. Longueira: Yes, sir.
Vice Mayor Dawkins: Now, how many vehicles are assigned to SIS, whatever it is, which may
be dealing in narcotics? Because you already gave me 20 vehicles.
Lt. Longueira: Probably 10 to 15, sir.
Vice Mayor Dawkins: All right. Ten to 15?
Commissioner Plummer: That's right.
Vice Mayor Dawkins: Ten and 15, and 25, or half of 25 is 13. We'll take the average, 13.
That's 33 vehicles that are now assigned to, or operating in narcotics. Is that right, Mr.
Manager?
Mr. Odio: Yes, sir, that's what the Police Department say.
Vice Mayor Dawkins: So, therefore, how many more vehicles will you use out of $135,000 to
be an addition to these 33 vehicles?
Lt. Longueira: Five additional vehicles, sir.
Vice Mayor Dawkins: Five. And, now, and these $135,000 will last how long?
Lt. Longueira: I believe it's a one year grant, sir.
78 March 24, 1994
Vice Mayor Dawkins: All right. Where is my budget.., where is your budget? All right, give
me the calculated cost of five vehicles, additionally, for a year.
Commissioner Plummer: While he is getting that, may I ask a question?
Vice Mayor Dawkins: I don't see why not.
Commissioner Plummer: Did you say... did I understand you correctly that this money is going
to SIS?
Lt. Longueira: Yes, sir. The HITDA (High Intensity Drug Trafficking Areas).
Commissioner Plummer: When did SIS ever go out and do narcotics enforcement?
Lt. Longueira: Sir, they do it all the time.
Commissioner Plummer: That is the terrorist activity.
Mr. Odio: No, sir, it is not.
Lt. Longueira: No, sir. SIS has different components. One of the major components is high
level drug organizations.
Commissioner Plummer: What happened to the narcotic detail? Did that... is that eliminated
now?
Lt. Longueira: No, we have a component in SIS that does narcotics.
Commissioner Plummer: And the narcotics detail is gone?
Lt. Longueira: No.
Unidentified Speaker: There's still a street crime unit, and then there's a mid and upper level.
Lt. Longueira: There is a mid and upper level narcotics investigation arm.
Commissioner Plummer: You know, with my colleague over here asking the questions, you
know, somewhere along the line, we've got to realize that we are spending over 90 million
dollars a year in the Police Department. And there just seems to be a big bucket that there is no
end to. I don't understand, Mr. Manager. You are talking about going up and pinpointing the
Haitian activities. I haven't seen a sting operation in Coconut Grove in over a year.
Mr. Odio: I don't want to tell you you are wrong.
Commissioner Plummer: Well, you tell me I'm wrong because I haven't seen it, and I'm there
every day, and you are not.
Mr. Odio: You are... you are absolutely wrong.
Lt. Longueira: That's not true, sir.
Commissioner Plummer: There has not been a sting operation...
Vice Mayor Dawkins: You are lying, that's what they are telling you.
79 March 24, 1994
Commissioner Plummer: ...in Coconut Grove in over a year.
Mr. Odio: You are absolutely incorrect.
Lt. Longueira: If I prove you wrong, will you not bring it up again?
Commissioner Plummer: No, sir. I'll admit that I'm wrong if you prove it to me. OK?
Mr. Odio: We are going to prove it to you.
Lt. Longueira: OK. We are going to prove it to you because we had one last week.
Commissioner Plummer: Because I'm telling you, I can go...
Vice Mayor Dawkins: OK.
Mr. Odio: We had one... we had one last week.
Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor. May I finish?
Mayor Clark: Please, please. Hold it now. That's one thing that we are not going to allow here,
today. Let's get back to answering his question and that's it. Now, get his information.
Vice Mayor Dawkins: OK. All right. What's the cost for the five vehicles for a year?
Mayor Clark: Forty thousand dollars.
Lt. Longueira: They are telling me $40,000.
Vice Mayor Dawkins: That's good enough. Fine. And 40 from 135 leaves...
Mayor Clark: Ninety-five.
Vice Mayor Dawkins: Ninety-five. All right. Now, how many men are you going to... I mean
how much overtime are you going to pay?
Lt. Longueira: Sir, there is $79,560 towards overtime for this project.
Vice Mayor Dawkins: OK. Seventy-nine out of 135.
Lt. Longueira: Seventy-nine thousand five sixty, yes.
Vice Mayor Dawkins: OK. Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: I asked for, and I never received, but maybe the Mayor will help me. I
want a monthly report, in writing, on my desk, how this money was spent in addition to whatever
else we were spending. OK?
Mayor Clark: On this grant?
Vice Mayor Dawkins: Yes, sir. How... I want a monthly report... You see there... wait a minute.
No, I'm going to do better than this. Mr. Mayor, I offer a motion that the Manager, not no police
80 March 24, 1994
Chief, not nobody in the Police Department, but that the Manager provide each of us with a
monthly breakdown of how the $135 was spent, and the results of that expenditure.
Commissioner Plummer: Thousand.
Vice Mayor Dawkins: A hundred and thirty-five thousand.
Commissioner Plummer: Well, I...
Vice Mayor Dawkins. I so move.
Commissioner Plummer: If that is needed for a motion, I'll second it.
Mayor Clark: All right. Any discussion? Cast a unanimous ballot, Madam Clerk.
Vice Mayor Dawkins: Thank you.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-181
A MOTION DIRECTING THE CITY MANAGER TO PROVIDE EACH
MEMBER OF THE CITY COMMISSION A MONTHLY BREAKDOWN OF
EXPENDITURES OUT OF THE $135,000 GRANT MONIES RECEIVED FROM
THE U.S. DEPARTMENT OF JUSTICE (OFFICE OF JUSTICE PROGRAMS)
AND HOW SAID MONIES WERE SPENT IN CONNECTION WITH THE
ESTABLISHMENT OF THE HAITIAN NARCOTICS ENFORCEMENT FUND.
Upon being seconded by Commissioner Plummer, the motion 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
NAYS: None.
ABSENT: None.
Commissioner Plummer: Well, we are still now on item 11, Mr. Mayor.
Mayor Clark: All right. Let's move on item 11.
Commissioner Plummer: Mr. Mayor, I've moved item 11. You know, my statement...
81 March 24, 1994
Vice Mayor Dawkins: Second it.
Mayor Clark: All right. Seconded.
Commissioner Plummer: ...still is the same.
Mayor Clark: Yeah.
Commissioner Plummer: That as long as I can walk from where I am sitting, right now, within
five minutes and buy all the coke I want to buy, limited only by the dollars in my pocket,
somebody, in my estimation, ain't doing what they are supposed to be doing.
Vice Mayor Dawkins: But we just have to get a grant for Coconut Grove.
Commissioner Plummer: Well, you know, that's...
Mayor Clark: All right, moved and seconded. Cast a unanimous ballot.
Commissioner Plummer: No, it's an ordinance.
Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance, Mr. Mayor.
Commissioner Plummer: We got... hold it. We don't have four.
Vice Mayor Dawkins: Read the ordinance.
Mr. Maxwell: Need to read the title.
Commissioner Plummer: Hold it. We don't have four, Joel.
Mayor Clark: An ordinance to accept money?
Mr. Maxwell: You don't have, Mr. Mayor.
Commissioner Plummer: We don't have four present.
Mr. Maxwell: You need another Commission member.
Vice Mayor Dawkins: There he is behind you.
Commissioner Plummer: OK. He's here.
Mr. Maxwell: Yes, he is here.
Commissioner Plummer: Quit hiding.
Mayor Clark: Moved and seconded. Call the roll, Madam Clerk.
82 March 24, 1994
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES,
APPROPRIATIONS AND A SPECIAL REVENUE FUND ENTITLED "HAITIAN
NARCOTICS ENFORCEMENT"; ACCEPTING A GRANT IN THE AMOUNT OF
$135,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
NECESSARY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11127.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Did we state the reason for the emergency?
Vice Mayor Dawkins: Yeah. We have to get the money in a hurry.
Commissioner Plummer: No, I mean for the record, what is the reason of the emergency.
Mr. Odio: On the grounds of urgent public need for the preservation of peace, health, safety and
property of the City of Miami by curtailing narcotics traffic.
Commissioner Plummer: You use the same joke every time.
83 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
16. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS AND SPECIAL REVENUE FUND: HIDTA PUBLIC
DOCUMENTS RESEARCH -- ACCEPT GRANT ($34,519) FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS -- EXECUTE
DOCUMENTS.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item 12.
Mayor Clark: Item 12.
Vice Mayor Dawkins: second.
Commissioner Plummer: What is HIDTA?
Lt. Joseph Longueira: That's the Federal program, High Intensity Drug Trafficking Areas.
Commissioner Plummer: And where is that money going to be used?
Lt. Longueira: This particular project, sir, what this project does, it targets the research behind
the ownership of property where the money goes so that we can go after confiscating the
property owned by these organizations.
Mayor Clark: All right. Moved and seconded.
Commissioner Plummer: Yeah.
Mayor Clark: Read the ordinance.
Vice Mayor Dawkins: And I seconded it, under discussion. And that... we don't have computer
capability now.
Lt. Longueira: Sir, what this is for is, this covers overtime...
Vice Mayor Dawkins: No, I just asked you a question. Do we have that...?
Lt. Longueira: ...and a vehicle for the officer that actually has to go and do those kinds of paper
type investigations.
Vice Mayor Dawkins: OK. Call the roll.
Mayor Clark: Read the ordinance.
Lt. Longueira: It covers that.
84 March 24, 1994
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ORDINANCE ESTABLISHING INITIAL RESOURCES
APPROPRIATIONS AND A SPECIAL REVENUE FUND ENTITLED "HIDTA PUBLIC
DOCUMENTS RESEARCH% ACCEPTING A GRANT IN THE AMOUNT OF $34,519
FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO ACCEPT
SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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
NAYS: 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
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11128.
The City Attorney read the ordinance into the public record and announced that
copies were available to the members of the City Commission and to the public.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: Mr. Mayor, I've asked the Manager to provide me with the amount of
money that was budgeted for the Police Department, and the total amount of money that we have
also added to the police budget.
Commissioner Plummer: Capital improvement.
Vice Mayor Dawkins: Yes, sir. All... everything. And I would like to know from the Manager
when can I expect that?
85 March 24, 1994
ME
Commissioner Plummer: After the bond issue comes, I'll guarantee you.
Mr. Odin: I gave you a memo about three weeks ago informing you of the additional moneys we
had added to the police budget. That was in your office about three weeks...
Vice Mayor Dawkins: That's not the total amount of money, Mr. Manager.
Mr. Odio: I'll be glad to send you the total budget of the Police Department. We...
Vice Mayor Dawkins: No, no. Wait a minute now.
Mr. Odio: ... were replying...
Vice Mayor Dawkins: I'm going to tell you again. See, that's why I don't... I'll send you the
memo again.
Mr. Odio: You...
Vice Mayor Dawkins: Hold it now. Hold it now.
Mr. Odio: OK.
Vice Mayor Dawkins: I'll send you a memo. 1 just... I said in addition to the budget, all the
money we've given to the Law Enforcement Trust Fund, all of the grant money that we've got.
And, that's what I asked you for.
Mr. Odio: And we'll have it in the next meeting.
Vice Mayor Dawkins: Thank you, sir. That's all.
-------------------------------------------------------------------------------------------------------------------
17. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING
PROGRAM -- APPROPRIATE $210,000, CONSISTING OF: (a) A $189,000 GRANT
FROM U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION; (b) A $10,500 GRANT FROM STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, AND (c) A $10,500 CASH
CONTRIBUTION FROM CITY'S DEPARTMENT OF DEVELOPMENT & HOUSING
CONSERVATION.
Mayor Clark: On item 13. This is a Watson Island air transportation facilities planning
program.
Commissioner Plummer: What is this, tie us up? I don't understand. If we get this money, what
will this money be used for, and what are we obligating ourselves for?
Ms. Maria Perez: This is the money that was...
Commissioner Plummer: Who are you, please?
86 March 24, 1994
Mr. Cesar Odio (City Manager): Your name.
Ms. Perez: Oh. 'Yes, I'm sorry. My name is Maria Perez, and I work for the Department of
Development and Housing Conservation.
Commissioner Plummer: OK.
Ms. Perez: As I was saying, this is a grant we already obtained from the Federal Aviation
Administration in the amount of $189,000. And $10,500 for the Department of Transportation,
the Florida Department of Transportation, and our contribution is $10,500.
Commissioner Plummer: For what purpose is this money being...
Ms. Perez: To conduct a planning study on Watson Island.
Commissioner Plummer: And who will be doing the planning study?
Ms. Perez: The consultant is Thompson International.
Commissioner Plummer: Who chose the planning, the study group?
Ms. Perez: The City of Miami Commission.
Commissioner Plummer: We did?
Ms. Perez: Yes.
Commissioner Plummer: By a bidding procedure?
Ms. Perez: Yes, sir.
Commissioner Plummer: OK. At the end of that, what obligation, if any, does this City have to
proceed any way further?
Ms. Perez: None.
Commissioner Plummer: OK. So, it's just for a study. We then will have the respect of the
study, and we will be able to make a determination whether we want to drop the issue, proceed
with the issue, or whatever?
Ms. Perez: Correct.
Commissioner Plummer: OK.
Mayor Clark: Let me say this, Mr., Commissioner Plummer, also, added to what you've stated.
There is a new bridge going over there - I hope everybody knows that - and what impact that's
going to have. I know the study made at this time is not going to make sense. You are going to
be wasting a lot of time. You got to wait until that bridge is finished to find out exactly what's
going to happen on Watson Island. It may be congested, it may just be the expressway, God
knows.
Commissioner Gort: Mr. Mayor, may I ask you a question?
Mayor Clark: Sure.
87 March 24, 1994
Commissioner Gort: Were we involved in the planning of that bridge?
Commissioner Plummer: No. It's the State Department.
Commissioner Gort: Did we have any rights to be involved in that?
Mayor Clark: That's the DOT (Department of Transportation).
Commissioner Gort: Because I think that's going to cut in on Watson Island, and...
Commissioner Plummer: The only...
Mayor Clark: That's what I say, I don't know how the study is going to work in that respect till
that bridge is finished, and see what impact it has.
Mr. Cesar Odio (City Manager): Well, we were involved indirectly. I believe Mayor Suarez
was part of the MPO (Metropolitan Planning Organization)...
Commissioner Plummer: MPO, yeah.
Mr. Odio: ...at the time that bridge was presented to the MPO, and he participated. So, I don't
know.
Commissioner Plummer: The only other aspect that we had, Mr. Mayor, was that we granted
them the right to store materials and stuff over there, which we could have said no, but they
would have just stored it somewhere else, because they proceeded with what they wanted to do.
Mayor Clark: Want to read it into the record, Mr. Attorney?
A. Quinn Jones III, Esq. (City Attorney): Yes.
Mayor Clark: The emergency ordinance. It has been moved and seconded. Call the roll,
Madam Clerk.
Ms. Matty Hirai (City Clerk): I'm sorry, Mr. Mayor, we do need a motion. We don't have a
motion.
Commissioner Plummer: I made the motion.
Mayor Clark: He made the motion.
Vice Mayor Dawkins: And I seconded it.
Ms. Hirai: Thank you.
88 March 24, 1994
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING
PROGRAM" AND APPROPRIATING FUNDS FOR THE PROGRAM IN THE TOTAL
AMOUNT OF $210,000, CONSISTING OF A $189,000 GRANT FROM THE UNITED
STATES DEPARTMENT OF TRANSPORTATION: FEDERAL AVIATION
ADMINISTRATION, A $10,500 GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, AND A $10,500 CASH CONTRIBUTION
FROM THE CITY OF MIAMI DEPARTMENT OF DEVELOPMENT AND HOUSING
CONSERVATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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
NAYS: 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
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11129.
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.
89 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
18. SECOND READING ORDINANCE: (CONCERNING CITY BOARDS AND/OR
COMMITTEES): (1) ABOLISH CERTAIN BOARDS / COMMITTEES; (2
ESTABLISH MEMBERSHIP FOR CERTAIN OTHER CITY BOARDS; (3
TERMINATE TERMS OF ALL CURRENT BOARD MEMBERS (SUNSETTING); (4
AMEND CODE BY ADDING STANDARDS FOR CREATION / REVIEW OF
BOARDS, ETC., (5) AMEND MEMBERSHIP QUALIFICATIONS, APPOINTMENTS,
TERMS OF OFFICE, ETC. OF CERTAIN BOARDS, AND (6) CREATE: (a) THE
CITY OF MIAMI PROPERTY AND ASSET REVIEW COMMITTEE, AND THE (b)
BUDGET AND FINANCES REVIEW COMMITTEE -- ESTABLISH
REQUIREMENTS FOR MEMBERSHIP, ETC. (See labels 20B, 27 and 68)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, the next item is City Boards and Committees Review, and Committee's
report.
Vice Mayor Dawkins: Mr. Mayor, I have a question.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I have a question of the City Attorney. Mr. City Attorney, when this
Commission created the Committee, the Review Committee, it also sunsetted that committee
with the same resolution.
A. Quinn Jones III, Esq. (City Attorney): Yes.
Vice Mayor Dawkins: And, it was my understanding that this committee would sunset January
31. Is that a correct statement?
Mr. Jones: That's correct.
Vice Mayor Dawkins: Now, we did not meet after the 31st of January...
Commissioner Plummer: No, we gave them an extension.
Vice Mayor Dawkins: ...until February 14th.
Commissioner Plummer: We gave an...
Vice Mayor Dawkins: February 14th that committee gave us its report which we accepted. But,
we also suggested, or demanded, that that committee go back to the City Clerk and iron out
differences that we had.
Commissioner Plummer: Right.
Vice Mayor Dawkins: Now, how can a board that was sunsetted January 31 go back and
negotiate after they had sunsetted January 31? How is that legal?
Commissioner Plummer: I don't understand that.
Vice Mayor Dawkins: Well, I think the City Attorney understands it.
90 March 24, 1994
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Commissioner Plummer: We granted an extension of 30 days, as I recall.
Vice Mayor Dawkins: To what?
Commissioner Plummer: The board came before us, and asked that their report was not ready.
Vice Mayor Dawkins: No, sir.
Commissioner Plummer: And, they asked for another 30 days.
Mayor Clark: I remember that.
Commissioner Plummer: And that we granted. So, I... you can't... this cannot become effective
until 30 days from today. I mean, you can sunset all you want as proposed. But, as we know...
Vice Mayor Dawkins: But, I am trying to... all I don't understand is... and I wish J.L. Plummer
would wait till I get an answer from the lawyer.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: OK. Please. Then after I get the answer...
Commissioner Plummer: You don't... you don't pay me.
Vice Mayor Dawkins: ...from the lawyer, then I can, you know, I can listen to what you, what
anybody is saying. OK. You know, all I need for the City Attorney to do is help me understand
that it was a Iegal transaction for us to delegate to a board that was sunsetted January 31 to go
back into session without passing any legislation.
Mr. Jones: Commissioner, my understanding was that they didn't meet again. There was not a
formal session.
Vice Mayor Dawkins: So, therefore, whatever we asked them to do was not done.
Mr. Jones: Well, in terms of things...
Vice Mayor Dawkins: Did they... wait a minute now. If they did not meet, that which the City
Commission directed them to go and do was not done because they didn't meet.
Mr. Jones: My recollection, Commissioner, and perhaps I'm wrong, but my recollection was
that you didn't give an express direction to the committee. You asked our office to go back and
make several changes within the ordinance.
Mr. Ruben Oliva: That's correct.
Vice Mayor Dawkins: Go back, go back...
Mr. Oliva: That's correct.
Vice Mayor Dawkins: ...go back, go back and pick up the minutes. OK. This Commission
directed that committee to meet with the City Clerk.
Ms. Matty Hirai (City Clerk): Yes.
91 March 24, 1994
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Vice Mayor Dawkins: And work out differences.
Mr. Oliva: Mr. Mayor, if I may?
Ms. Hirai: Mr. Vice Mayor.
Mr. Jones: But, Commissioner, we... Commissioner, my office...
Commissioner Plummer: No, that's not...
Mr. Jones: ...prepared the changes and the modifications to address this Commission's concern.
Vice Mayor Dawkins: Just a minute, sir. What did this Commission...
Ms. Hirai: Yes, Mr. Vice Mayor. It was simply we got together, there were some differences
between some omissions in the ordinance as compared to the motions which were passed during
the deliberations. We agreed that there were some real, definite, legal reasons as to why they
were not incorporated, which I am sure they are ready to explain at this moment.
Vice Mayor Dawkins: But did this Commission tell you to go back to the committee...
Ms. Hirai: Yes, sir.
Vice Mayor Dawkins: ...and the committee had been sunsetted?
Ms. Hirai: Yes, sir. We talked for a few minutes. It was just a clarification... clarification...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mr. Oliva: Mr. Mayor, if I may?
Mayor Clark: OF, well that happened. All right. Your name.
Mr. Oliva: Ruben Oliva, I'm on the committee. Your honor, Mr. Mayor, I was here at that
Commission meeting, and I don't recall being instructed to go back and meet once more. What I
understand, and what my recollection was, is that there was going to be a balancing to make
consistent what our minutes were, and what our decisions had been made, and the ultimate
ordinance that was drafted. There was no need for us to meet again, since what really was
happening was that there needed to be the incorporating of our actual minutes into that ordinance
that was being provided to the Commission. And, in fact, at the time, that first, at the first
reading it was passed. And, I don't recall being asked to go back. I'd be more than happy to.
But we were effectively sunsetted, and we voted to sunset ourselves, at the end of our period, as
we were told by the Commission to do. So, I don't recall at all being told to go back and meet,
and we didn't.
Mayor Clark: Well, what are we going to do here now?
Commissioner Plummer: I move item 14-A.
Mayor Clark: All right. That's the board's recommendations.
Vice Mayor Dawkins: Second reading.
92 March 24, 1994
�4,:
Commissioner Plummer: Second reading, yes.
Commissioner Gort: Second?
Commissioner Plummer: Yeah.
Mayor Clark: Do you have to read it into the record again? OK. Read it.
Ms. Hirai: We need a second, Mr. Mayor.
Mayor Clark: Ma'am?
Ms. Hirai: Is there a second? I am sorry, we missed the second. Commissioner Plummer
moved it...
Vice Mayor Dawkins: We moved and seconded it. It doesn't make any difference.
Ms. Hirai: I am sorry.
Vice Mayor Dawkins: Second.
Ms. Hirai: Thank you, sir.
Mayor Clark: Do you want to speak on this?
Mr. Richard Friend: Yes. My name is Richard Friend, with the law firm of Semet, Lickstein,
Morgenstern, Berger, and Friend, in Coral Gables. I'm also immediate past president of the
Brickell Area Association, and an ad hoc member of the DDA (Downtown Development
Authority). We have met, either personally, or with your staff members for all of the
Commissioners. I wanted to remind the Commissioners of the concern that we have identified
regarding the Downtown Development Authority as being included in your ordinance. In
particular, the way the Downtown Development Authority has been created. Right now it has
the ability to impose a special tax, which is a tax which the State Legislature granted it the right
to impose.
Mayor Clark: They've always had that.
Mr. Friend: That tax also is imposed on top of the ten mill cap which the City imposes.
Commissioner Plummer: Correct.
Mr. Friend: The reason for that is because the Downtown Development Authority has been
designated an independent authority by virtue of complying with certain State requirements.
Commissioner Plummer: Correct.
Mr. Friend: It is our position that if the City Commission mandates a change in the City, in the
Downtown Development Authority Board structure, it will cease to be an independent authority.
It will cease to have the ability to tax above the ten mill cap.
Commissioner Plummer: Oh, absolutely not.
Mr. Friend: Additionally, if the City authority... the City Commission attempts to assert
authority over the Downtown Development Authority, we have great fears that it may permit the
93 March 24, 1994
taxpayers in the Downtown Development Authority area to make a very successful challenge to
the entire Downtown Development Authority itself, rendering it incapable of collecting the
assessment. What we are asking for is delay of at least 30 days, as...
Commissioner Plummer: No way.
Mr. Friend: ...the ordinance relates to the Downtown Development Authority, for us to come
back and formulate our own plan on behalf of all of the taxpayers within the Downtown
Development Authority area, so that this will be a self-imposed change, and, therefore,
consistent with its independent structure. Again, just a reminder, if you impose the change, I
believe that that will absolutely preclude the City from collecting any tax on top of 10 mills. I
know you have had your counsel look into the matter. The Downtown Development Authority
has had a separate, independent counsel look at the matter, and the conclusions that they have
reached are diametrically opposed.
Mayor Clark: Mr. Attorney.
Commissioner Plummer: Mr. Mayor. Mr. City Attorney, do you want to respond to that? I
mean, there is no problem here.
Mr. Jones: Yeah, let me... Let me...
Commissioner Plummer: It's easy.
Mr. Jones: I'm not sure, then, and I don't necessarily agree with that. You recall some time ago
a question came up about the independent nature of the taxing authority, and I think that the
counsel that they engaged rendered an opinion different to ours relative to that. But just bear in
mind that the statute that enabled the creation of the DDA was repealed many years ago. That
statute had a provision in it that, notwithstanding the Commission's ability or the Commission's
wish or desire to appoint members, that, in effect, would not destroy its ability to tax or to
function as a taxing district. So I don't agree with that. I haven't looked at the issue recently,
but I beg to differ with what is being said. I think that because the enabling statute, which has
since been repealed, of course, has no effectiveness at this point in time. The DDA ordinance
that exists serves as a valid ordinance and can be amended by action of this Commission. And,
certainly, I think that you would be well within... in your authority, as a body, to amend it as you
so please, or as has been proposed. So I don't see the problem that has been brought up by them.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Mr. Gort. Mr. Gort first.
Commissioner Gort: I'm sorry. Go ahead, I'll yield to Mr. Plummer.
Commissioner Plummer: Mr. Mayor, I, you know, it's... for a person's convenience, let me say
that this Commission has always appointed the members, and we control the budget. That's by
State statute.
Mr. Friend: That's not...
Commissioner Plummer: We have to do that.
Mr. Friend: That's not entirely accurate, J.L.
Commissioner Plummer: OK. Well, that's your opinion. I differ with your opinion. Second of
all, it was this Commission who increased the DDA from 15 members and made it more.
94 March 24, 1994
Nobody objected at that particular time. Now, I think the more important thing, Mr. Mayor...
This was not something that was started by J.L. Plurnmer, as chairman of DDA. It was started
by Commissioner De Yurre, who sought the need to understand better how DDA could function,
and created a thing called "DDA 2000." That was made up of members of the DDA who came
back and recommended that DDA was totally unwieldy at 29 members. And that the
recommendation was to down -size the DDA. The room is not even big enough to hold all of the
board members. Now, all I am saying to you is that there are some people that are around the
DDA, who self -serve from the DDA, who want to stop this, and not be able to do what is in the
best interest of this community. It is my recommendation that we downsize to nine members.
And that my suggestion, if this Commission were to approve, would be that each Commissioner
appoint one member to the board, and that there are four area councils which have been
established by Commissioner De Yurre. And that one member be chosen from each one of those
districts, subject to Commission approval. That makes nine, and then we have two that are
mandated, as I recall, the one of the...
Mayor Clark: County.
Commissioner Plummer: ...cabinet post and the county appointment. Those are by ordinance.
OK? So, you would, in effect, have 11. But there would be nine who would be in effect. Now,
I can understand, and I have voiced to you, on many occasions, the need for better representation
in the Brickell area.
Mr. Friend: And we don't disagree.
Commissioner Plummer: OK.
Mr. Friend: And if I might just interject. We agree with the conclusions of the committee that
said that there are problems with the size of the DDA board.
Commissioner Plummer: Right.
Mr. Friend: We agree there are problems with the composition of the current board. We have
already sent out meeting notices for a town meeting of the entire constituency of the Downtown
Development Authority area. And it is our objective to have a recommended structure, that is a
grass -root structure, that is going to be approved by the people who pay for the DDA. And all
we are asking for is enough time, assuming... We have two different legal opinions, and that's
not uncommon, but I think the one thing that no one can argue with is that if you give us the time
to do what everyone is satisfied with, and we do it on our own, then nobody has a problem. If
you impose it, at the very least, you are going to have a challenge to the DDA's taxing authority
which is going to be expensive, and it is going to be risky. So, if you give us the 30 days
minimum, and it may turn out that we need a little bit more time. But if you give us the time to
do it ourselves, we will get the job done as well as - if not better - than the Commission can do it
because we will have grass -root support if you give us the time. If you don't give us the time,
you are only looking for problems here. You have the potential of killing the goose that lays the
golden egg.
Commissioner Gort: Mr. Mayor.
Mr. Jones: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: For the sake of time and arguments, let me... my conversation with
everyone in DDA, and my experience in being in DDA, and involved with DDA back in the
95 March 24, 1994
'80s, I think nine is... I think everybody agrees with all. The only exception is people disagree in
the way the members should be selected.
Ms. Annette Eisenberg: Nine is not enough.
Commissioner Gort: I think we can move this and approve it today subject to coming up with an
idea, get together, because you need to work with the City. Whatever you do, whatever
members you have, you need the cooperation of the City. If not, we are not going to get
anything done. I think we should go ahead and pass this today without specifying how to
nominate...
Ms. Eisenberg: No. No, no.
Commissioner Gort: ...those members and we'll work on how to nominate the members.
Commissioner Plummer: And I concur with that, Mr. Gort. As I said to you, it was only my
recommendation...
Ms. Eisenberg: That's right.
Commissioner Plummer: ...that five be appointed by the Commission, and four from the area.
But that we can argue about. But at least get it down to the nine members now, and within the
30 days, before it becomes effective, we'll decide how those nine members will be chosen.
Because your two, you can't have any differentiation on.
Mayor Clark: What? Yes.
Ms. Eisenberg: I'd like to be heard.
Mayor Clark: You are heard.
Ms. Eisenberg: All right, my name is Annette Eisenberg, 1180 N.E. 86th Street, and a member
of the DDA Board, an impartial member of the DDA Board. I never have conflict of interest,
and I'm probably one of the few that can vote. I have no problem with the committee that
brought forth this plan. My only commit.., my only problem is with you, J.L., and the committee
for not ever consulting the DDA Board. These people that constitute the DDA Board, and these
people that are paying for it, are not children. They put their money up, and they should be
heard, and they should be considered. I heard, a little while ago, you people saying that we
represent what the citizens of Miami want. Well, you've got to give the DDA Board and the
property owners, the big ones, who met with most of you the other day, the opportunity to come
up with a formula. It is their money, it is their action. It is their destiny. And, therefore, I would
ask the Commission to give the DDA Board, and the property owners... this is big money, these
are not children. They don't need the guidance of a committee to come up without consulting.
How can you come up with a formula without talking to them?
Mr. Oliva: Can I respond to that, Mr. Mayor?
Commissioner Plummer: Well, you know, wait a minute.
Mayor Clark: Wait just a minute.
Commissioner Plummer: You know, it's... Annette stands here...
Mayor Clark: Are you finished, Annette?
96 March 24, 1994
Commissioner Plummer: ...and makes a lot of accusations which usually, as Annette does,
doesn't hold water.
Ms. Eisenberg: I resent that, Mr. Plummer.
Commissioner Plummer: Now, she speaks as...
Mayor Clark: Please, please, please.
Commissioner Plummer: ...you can resent it. I resent your...
Ms. Eisenberg: Yes, right. There is nothing that anybody says to you...
Commissioner Plummer: ... comments tome. OK.
Ms. Eisenberg: ...that you agree with.
Mayor Clark: Please.
Commissioner Plummer: Now.
Ms. Eisenberg: If you say it first, that's fine. But, if anybody else, including Mr. Friend,
including anybody, we are all wrong.
Commissioner Plummer: That's the problem.
Ms. Eisenberg: Oh, sure, and it's... you are the problem.
Mayor Clark: Please, please!
Commissioner Plummer: For your edification, Mr. Mayor, as every committee had, it's either its
chairman, and its CEO (Chief Executive Officer) appear...
Ms. Nora Hernandez -Hendrix: Excuse me. Excuse me. I want the microphone.
Commissioner Plummer: ...before... Excuse me. Excuse me! I'm only... we are talking only
DDA now.
Ms. Eisenberg: That's not true.
Commissioner Plummer: I appeared before the committee and gave them my testimony. Mr.
Matthew Schwartz, the Executive Director, appeared before the board, and gave the testimony.
And the more important testimony was that of the DDA-2000, which was committee members of
DDA who expressed themselves very clearly. Now, one of the major problems in DDA today is
the fact that the people... most... a lot of people on that board, do not reside, or do not work in the
area.
Mr. Eisenberg: That's not true,
Commissioner Plummer: And, that's one of the major problems. OK?
Mr. Friend: J.L., that's not true because'that's a requirement of the ordinance.
97 March 24, 1994
Mayor Clark: Sir, now please, don't start. No more arguments here. Do you understand?
Commissioner Plummer: Well. Excuse me.
Mayor Clark: If you blow up, you are going to sit down. All right? You understand?
Commissioner Plummer: All I am going to say to you is...
Mayor Clark: Different rules here now.
Commissioner Plummer: ...one of my appointments today does not qualify to be on that board.
When he was appointed by me to that board, he did qualify, because Mr. Bill Klein was a
member of Florida Power and Light, and his office was in the same building as DDA. He has
since retired. He is a damn fine board member, but he cannot be reappointed because he does
not work or live in the area. Mr. Mayor, I agree with my Commissioner Gort, and I would hope
that we would pass these things today, and then we can talk about, within the next 30 days, of
how we will go to give fair representation to the four districts which now comprise Omni,
Overtown/Park West, Central, and Brickell. I think those are the four areas.
Mayor Clark: All right. Now, with these exceptions, the Waterfront Board has been reinstated.
It didn't come out of this thing.
Commissioner Plummer: That is correct, sir.
Mayor Clark: The Planning and Zoning Board is out of this thing because it's on a different
plan. You understand? With those exceptions... Yes, ma'am. What's...
Ms. Hernandez -Hendrix: Mr. Mayor, Commissioners, my name is Nora Hernandez -Hendrix,
I'm the chairperson of the City of Miami Affirmative Action Advisory Board. I am joined here
with other members of the board. We do represent you, we were appointed by you. We have a
problem with the process that was carried on by the Review Committee, and we have a problem
with the recommendations of the Review Committee regarding the Affirmative Action Advisory
Board. We would ask you to consider the recommendations that were made regarding this
Board independently of any other recommendations. Number one, we were never invited to any
meetings. We were never asked to appear. We did not have an opportunity to appear before this
Review Committee. We submitted many documents. We never even knew when they were
meeting. Nothing was ever addressed to us specifically. And when we found out of their
recommendations, I, personally, called the chairperson of that Review Committee, and was
informed that the Review Committee no longer existed.
Mayor Clark: Let me ask a question. Madam Clerk, did you send letters to every board?
Ms. Hirai: As directed by the committee, Mr. Mayor.
Mayor Clark: All right. Make your case, and then we'll hear from the other side.
Ms. Hernandez -Hendrix: We did not get to appear before them, sir.
Mayor Clark: All right. Let's find out from its chairman.
Mr. Oliva: Mr. Mayor, regrettably, she is right. In this particular committee, what we did was
we sent a letter to every single committee that we were going to review asking them to supply us
with a written report. And they did. Unfortunately, on certain committees that we felt we were
going to do further review, in other words, that we expected to make some changes to their
98 March 24, 1994
composition, or their number, or their size, we would invite the director, or the City liaison, and
the chairman of the committee to appear before us. In this particular committee, that did not
occur. I don't... I can't tell you why. I think, at the time, what happened is that we had
representatives from the City, and we had representatives from the union who indicated on the
board, in our committee, and who indicated that they suggested certain changes that, at the time,
seemed very reasonable, and we did not anticipate would be a problem. We don't have a
problem. If they really have a problem. What we've done in having them come back and give
you some feedback... But we apologize. I think this is one of the few that it occurred.
Mayor Clark: Well, if that has taken place, let's just exit them from this ordinance right now.
Mr. Oliva: OK.
Mayor Clark: And hold that in abeyance. Not to say that that will not be the case later on. You
understand? We may have to bring this board back into action.
Mr. Rafael Garcia -Toledo: Uh-huh. Because on our board...
Mayor Clark: All right, exit the...
Mr. Garcia -Toledo: ...the only representative was a union representative and, unfortunately,...
Mayor Clark: Well, we've exited that board right there.
Mr. Garcia -Toledo: ...they did not.
Mayor Clark: OK. You got that, Mr. Clerk, I mean, Mr. Attorney?
Mr. Jones: Yes, sir.
Mayor Clark: All right, read the ordinance, then.
Mr. Bob Valledor: May I? One more.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir. Hold on.
Commissioner De Yurre: Before we do that. I have a problem with the Waterfront Board issue.
The recommendation of the committee was to not do away, really, with the concept of the
Waterfront Board, but to create a board that would, in addition to the waterfront properties, deal
with every property that we have in the City of Miami. And are we creating that other body to
take care of the rest of our City properties?
Mayor Clark: The Assessment Board, Mr. Manager. Is it...
Mr. Cesar Odio (City Manager): Included in here to create the City of Miami...
Mayor Clark: Asset Management.
Mr. Odio: ...City of Miami Property and Asset Review Committee.
Mayor Clark: Yeah.
99 March 24, 1994
,i444RR.. i, fi A)
Commissioner De Yurre: So that's going to... so then we are going to have two boards that
basically are going to do the same function.
Mayor Clark: No, no. I think what...
Commissioner De Yurre: One deals with the water...
Mayor Clark: ... is the recommendation...
Commissioner Plummer: Asset review.
Mr. Odio: It is only review. The Waterfront Review Board will continue to advise on
waterfront property only, I guess. That's what...
Commissioner De Yurre: And the other?
Mayor Clark: It's...
Mr. Odio: The other one will review...
Mayor Clark: ...to find out what we own, what it's worth, and if the property is being leased or
not.
Mr. Odio: ...all assets.
Mayor Clark: If it's a good... Asset Management is going to do a good job for us.
Commissioner De Yurre: So we are going to have that in place, also?
Mayor Clark: Yes, sir.
Commissioner De Yurre: OK.
Mayor Clark: All right, that's...
Vice Mayor Dawkins: May I ask the Manager a question? The Waterfront Board will be
advisory. Is that correct?
Commissioner Plummer: Always.
Mr. Odio: That's all that... that's all they are. Advisory.
Vice Mayor Dawkins: But, you see, I need to know that because I don't get that impression
when they come to see me.
Mr. Odio: No, me neither. But they...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mr. Oliva: Neither did we, actually. We didn't get that impression, either.
Mr. Odio: We have to remind them... We remind them once in a while that that's what they are.
100 March 24, 1994
Mayor Clark: Let me hear from Mr. Valledor, and then we'll come to... Mr. Valledor.
Mr. Valledor: Mr. Mayor, thank you, and Commissioners. My name is Bob Valledor, I live at
3324 S.W. 20th Street. I also have my office at 1450 Coral Way, both in the City of Miami. For
the record, I'm chairman of the Nuisance Abatement Board, and I'm also a member of the
Affirmative Action Advisory Board. One of the recommendations that the Review Committee
has given to you is to change the qualifications, or the minimum qualifications, to serve on the
boards. Presently, to serve on a board, as you know, you have to be a resident of the City of
Miami, or own property in the City of Miami. The Review Board is recommending that one of
the changes be that you work in the City of Miami. Let me give you an example of what that
does. The UPS man that delivers packages to my office lives down in Homestead. He is
employed by UPS out of their main office on 24th Street, by the airport, which is in Dade
County. By these qualifications, if you wanted to, you could appoint him to a City Board in the
City of Miami because he works on Coral Way. Most likely what would happen is someone that
lives in the City of... or in the City of South Miami or Coral Gables who has their office in the
City of South Miami or Coral Gables who occasionally comes to the courthouse down here in
Miami because that's where the courthouse is, can be appointed to a board in the City. And the
reason I'm asking that you remove the word "work" is because being on two different boards, I
can see how the process, or the thinking process, changes, and the emphasis is a little different
between people that live and work in the City, and have a vested interest in it, and those that are
just kind of passing through. And I ask that you remove that word "work" from the ordinance.
Mayor Clark: Mister...
Mr. Jones: That's changed. In fact, the...
Mayor Clark: It has already been changed.
Mr. Jones: It has already been addressed.
Mayor Clark: You want to read it now? It has been addressed. It's out.
Ms. Irma Abella (Assistant City Attorney): It's out.
Mr. Jones: Yeah.
Mr. Valledor: I won't sell, past the close. Thank you very much.
Commissioner Plummer: An instant winner.
Mr. Jones: Yeah. Yeah. Wherever the requirements that... for membership or whatever were
stricter, of course, we went with that. And that happened to be this case. Let me just say, for the
record, that with respect to the DDA, the appointment process, I'll have to bring back an
ordinance to address that after...
Commissioner Plummer: Well, it's not... isn't it incorporated presently in its form now?
Mr. Jones: No.
Commissioner Plummer: It's not. OK. And, Mr. Mayor, for your edification, the remaining
time that I am chairman, I will work with the Brickell Association, and all of the members to
come up with what I feel, or what they feel, is a good criteria for the selection of the members.
Vice Mayor Dawkins: Would you like to resign now?
101 March 24, 1994
Commissioner Plummer: No. I want to stick around for a while.
Mr. Friend: J.L., we appreciate that, and we have no problem with what's happening and I think
we all have the same goal in sight. I just want to caution you that the process has been identified
as one which will permit some of our substantial property owners, who are paying substantial
dollars, to challenge the tax, and opt out of the DDA.
Commissioner Plummer: That's their choice.
Mr. Friend: And, if you... No, it's... Well, but that a very dangerous choice. What we are
asking for is to be given our own separate time, and it is at this point - 30 days seems to be
adequate - to come back to you with our recommendation as to size and selection criteria. If you
impose it, it is my fear...
Mayor Clark: OK. I think... I think that you've...
Mr. Friend: ...that you will be jeopardizing the essence of the DDA.
Mayor Clark: You've made... you've made your point. Read the ordinance.
Commissioner Plummer: That's very fine.
Commissioner De Yurre: Now, Mr. Mayor, so I can be clear on this. This will not be, will not
go into effect for a 30 day period. Is that correct?
Commissioner Plummer: Correct.
Mr. Jones: That is correct.
Commissioner De Yurre: OK. Now, within that 30-day period, we will revisit the... how are we
going to elect the members, or select the members of the DDA...
Mayor Clark: That's what J.L. said.
Commissioner De Yurre: ...what the procedure is going to be...
Commissioner Plummer: That's fine.
Commissioner Gort: That's what they have to come up with.
Commissioner De Yurre: ... that gives them time...
Mayor Clark: OK.
Commissioner De Yurre: ...but, I don't want, on the 30th day, at the Commission meeting, for
them to come up with the information. I want it a week before so that we can analyze it...
Commissioner Plummer: Yeah.
Commissioner De Yurre: ... and make a determination how we will do this, and get their input.
Mayor Clark: J.L. has promised that.
102 March 24, 1994
Commissioner Gort: My understanding, Mr. Mayor, my understanding in talking to the people
that own property, the big property owners, they want to have the input in the selection of the
board members, and they want to feel that they are going to be represented because they feel that
a lot of them were not represented in the past. And I think that is what J.L. and I would like to
see. The people that pay the most taxes to be represented there.
Commissioner Plummer: Very definitely.
Commissioner Gort: And that's what we want.
Commissioner Plummer: And they should...
Commissioner Gort: They are going to have 30 days to get back with him and do that.
Commissioner Plummer: I don't have to explain to Victor. But, Mr. Mayor, for your
edification, when I first went down to DDA, when we tried to determine how many people were
from the Omni, out of 29 members, we came up with one and a half. When we came to the
Brickell area, we came up with about three that could be really attributed to the Brickell area.
Now, what we are saying to you is that the number will be nine, plus the two mandatory. How
those appointments will be made, is yet to be determined. The problem that I see with DDA
today is that you have nothing primarily but real estate developers, and that you have, for
example, you have not one member of DDA in the Hotel Association. Is not the Hotel
Association of Downtown a very vital and important part?
Mayor Clark: Sure.
Commissioner Plummer: Not one on there. So I think what we need is to take, and we need to
balance, and that balance is what we are trying to, we are going to strive for.
Mayor Clark: Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD, BY TITLE ONLY.
Mayor Clark: Call the roll, Madam...
Vice Mayor Dawkins: One point of information, please, Mr. Mayor.
Mayor Clark: Yes.
Vice Mayor Dawkins: What does this do to the Miami Sports and Exhibition Authority? Does it
remain as is, and go ahead and make the appointments, or what?
Commissioner Plummer: They are not restructured, are they?
Mr. Jones: No, it's not restructured.
Mr. Oliva: 1 don't think we did anything towards them other than we asked them to emphasize
the exhibition part of it, which is what their own director asked them to do.
Vice Mayor Dawkins: OK. Thank you. No further question.
Commissioner Plummer: Mr. Mayor, may I, just on the record surrender this? It's very short,
it's from the Downtown Miami Partnership. This organization represents Downtown property
103 March 24, 1994
owners, merchants, professionals, hoteliers, office personnel, and taxpayers in general, "Our
constituency contributes the largest share, approximately 60 percent, of the DDA budget, and is
very much in favor of the majority restructuring of the Downtown Development Authority. The
opinions expressed by other groups, as reported in a newspaper article this morning, does not
reflect our views, and, in fact, we were never consulted for our opinion. We urge you to move
expeditiously on the agenda as planned," signed Josie Correa, with... not a title, just for the
record.
Mr. Friend: And I'd like to respond to that. The people that have met with the Commissioners,
and have met...
Mayor Clark: I don't think it's...
Mr. Friend: ...within our own organization, are all in support with what you are doing. There
isn't any disagreement that we have a problem...
Mayor Clark: Please, we are in a middle of a roll call.
Mr. Friend: ...that needs to be fixed. The only issue is how it's to be fixed.
Mayor Clark: OK.
Mr. Friend: And if we do it ourselves, there is no problem. If you do it, we seriously suspect
there is a problem.
Mayor Clark: Are you going to file a lawsuit yourself?
Mr. Friend: Me, personally?
Mayor Clark: Yeah.
Mr. Friend: No. But I have been advised by several major property owners in the Downtown
area that they will.
Mayor Clark: Call the roll.
Commissioner Plummer: Mr. Mayor, if I may, please? And I'm sorry.
Mayor Clark: Please, let's not continue this on now.
Commissioner Plummer: All right, let me just make one more statement, if I may?
Mayor Clark: Yes, sir.
Commissioner Plummer: It has been brought to my attention that some members of DDA have
been meeting to work out this negotiation. There is a possibility of a violation of sunshine
because these were not announced meetings, and all members of DDA were not invited, and the
meetings were not publicized. I caution you to make sure that there is no violation in these town
hall meetings that you are having, because it could be a very serious problem.
Vice Mayor Dawkins: I call the question, Mr. Mayor.
Mayor Clark: I've been trying to for five minutes. Go ahead, Madam Clerk.
104 March 24, 1994
Ms. Hirai: Yes, Mr. Mayor. It has been moved by Commissioner Plummer, and seconded by
Commissioner Gort... Dawkins
AN ORDINANCE -
AN ORDINANCE CONCERNING CITY BOARDS THEREBY: (1) ABOLISHING
CERTAIN BOARDS; (2) ESTABLISHING THE MEMBERSHIP FOR CERTAIN
OTHER CITY BOARDS, (3) TERMINATING THE TERMS OF ALL CURRENT
BOARD MEMBERS (SUNSETTING), (4) AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY ADDING STANDARDS FOR
CREATION AND REVIEW OF BOARDS, PROVIDING FOR A DEFINITION OF
BOARDS AND THE REQUIREMENTS FOR MEMBERSHIP, TERM OF OFFICE,
ATTENDANCE, QUORUM, NOTICE, RECORDKEEPING, ANNUAL REPORTS,
LIAISON, AND SUNSET REVIEW REQUIREMENTS OF ALL BOARDS; (5)
AMENDING THE MEMBERSHIP, QUALIFICATIONS, APPOINTMENTS, TERMS
OF OFFICE, COMPOSITION, REMOVAL, RESIDENCY, ATTENDANCE,
QUORUM, DISQUALIFICATION, AND POWERS AND DUTIES AS APPLICABLE
TO THE FOLLOWING BOARDS: BAYFRONT PARK MANAGEMENT TRUST,
CODE ENFORCEMENT BOARD, DOWNTOWN DEVELOPMENT AUTHORITY
BOARD, STREET CODESIGNATION REVIEW COMMITTEE, COCONUT GROVE
PARKING ADVISORY COMMITTEE, AUDIT ADVISORY COMMITTEE, LATIN
QUARTER REVIEW BOARD NUISANCE ABATEMENT BOARD,
INTERNATIONAL TRADE BOARD, THE MIAMI SPORTS AND EXHIBITION
AUTHORITY AND THE WATERFRONT ADVISORY BOARD; AND (6)
CREATING (A) THE CITY OF MIAMI PROPERTY AND ASSET REVIEW
COMMITTEE, AND (B) THE BUDGET AND FINANCES REVIEW COMMITTEE
AND ESTABLISHING THE REQUIREMENTS FOR MEMBERSHIP, OFFICERS,
MEETINGS, VACANCIES, REPORTS, LIAISON, AND ADMINISTRATIVE STAFF
FOR SAID BOARDS; MORE PARTICULARLY BY (A) ADDING NEW SECTIONS
2-364, 2-425 THROUGH 2-436, 18-12 AND 45.5-9, AND (B) AMENDING SECTIONS
2-276, 2-279, 2-282, 2-285, 2-238, 2-392, 2-422, 14-26, 14-29, 29-63, 35-193, 38-73,
45.5-2, 52.6-3, 54-95, 62-47, 62-52, AND 62-78; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of February 17, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by
Commissioner Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11130.
105 March 24, 1994
----------------------- ••----------------------------------------------
---------------r-------r------------r-------
19. APPOINT / REAPPOINT CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY. (Appointed was: Tyrone Williams.
Reappointed were: Frankie Rolle, Ken Albano, Eli Feinberg, Julio Gonzalez-Rebull,
Robert Ratiner and Stephen Nuell. Pending still to be made are these appointments).
-------------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes.
Vice Mayor Dawkins: I'd like to do one as an emergency. We had members of the board that
were supposed to... were appointed in January to the Miami Sports Exhibition. But because of
the Review Committee, they were not appointed. So I'd like to move, as an emergency, that
Miller Dawkins has Frankie Rolle, Tyrone Williams. Commissioner De Yurre is reappointing
Ken Albano, and he is holding off on one. Commissioner Willy Gort has reappointed, Eli
Feinberg, and Julio Rebull. Commissioner J.L. Plummer is reappointing Bob Ratiner, and Steve
Nuell. The Mayor will give me his later.
Mayor Clark: Yes.
Vice Mayor Dawkins: Give me his later. I so move.
Mayor Clark: Is there a second to his motion?
Commissioner Plummer: Can I ask a question?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Mr. City Attorney.
A. Quinn Jones III, Esq. (City Attorney): Yes.
Commissioner Plummer: So I don't get into trouble. When I first appointed Mr. Ratiner to the
Sports Authority, he was not my son-in-law. Mr. Ratiner is now my son-in-law. Is that
nepotism? I don't know.
Mr. Jones: No, it doesn't fit...
Commissioner Plummer: Well, I'm just putting it on the record.
Mr. Jones: Yeah.
Commissioner Plummer: You don't think there is any conflict, or any problem? OK.
Mayor Clark: Conflict, conflict.
Commissioner Plummer: Thank you, Victor, for bringing it to my attention.
Mayor Clark: Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): Commissioner Plummer, you second the motion?
106 March 24, 1994
Mayor Clark: Yes.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO. 94-182
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY OF THE
CITY OF MIAMI, FLORIDA, FOR A TERM OF TWO YEARS.
(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
NAYS: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: May I ask, Mr. Mayor?
Vice Mayor Dawkins: Second roll call. Second because it is an emergency.
Ms. Matty Hirai (City Clerk): The appointment is a resolution, sir. We don't need an ordinance
for this.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Mr. Mayor, may I inquire?
107 March 24, 1994
Mayor Clark: Yes.
Commissioner Plummer: Mr. Manager, when is the rotation of the chairmanships of these
boards up for a possible rotation or not, which we understand?
Vice Mayor Dawkins: The discussion at the last... at the next meeting.
Mr. Cesar Odio (City Manager): June. It's in June.
Commissioner Plummer: In the next meeting? It's not in June.
Mr. Odio: June 1st.
Commissioner Plummer: But will we address the issue in the next...
Vice Mayor Dawkins: No, it becomes effective June 1st.
Commissioner Plummer: ...meeting?
Mr. Odio: I would suggest you address it in the meeting of May.
Vice Mayor Dawkins: Yes. We got to make them in May because it comes up, you accepted,
didn't you?
Commissioner Plummer: I'm here. I don't care. I'm only asking when.
Mr. Odio: Yeah. Let's do it in May.
Commissioner Plummer: OK. May the day never come.
Mr. Odio: May, the first meeting of May.
Commissioner Plummer: First meeting in May. Thank you, sir.
Mayor Clark: OK.
Mr. Ruben Oliva: Mr. Mayor, if I may? I'm sorry. I just wanted on behalf of the committee to
thank the Commission for allowing us to serve you all and the City. And thank you very much.
Mayor Clark: Don't go too far. We may need you back.
Commissioner Gort: You guys did a great job.
Mr. Oliva: We don't want to come back.
108 March 24, 1994
----------------------------------- -------------------------------------------------------------------------------
20. (A) (Continued discussion) ADOPT RECOMMENDATIONS FROM THE CITY'S
BOARDS AND COMMITTEES REVIEW COMMITTEE CONCERNING: (a)
THE TAX EXEMPT PROPERTY STEERING COMMITTEE, AND (B) THE
MIAMI COMMISSION ON THE STATUS OF WOMEN -- MODIFY
RECOMMENDATION CONCERNING COMMITTEE ON ECOLOGY AND
BEAUTIFICATION AS TO NUMBER OF PRESENT BOARD MEMBERS.
(See labels 18, 27 and 68)
(B) INQUIRY BY TED STAHL REGARDING STATUS OF COCONUT GROVE
STANDING FESTIVAL COMMITTEE, WHICH HAD BEEN
RECOMMENDED TO BE ABOLISHED - SEE M-94-185. (See labels 18, 27
& 69)
Mayor Clark: Fourteen B. What is this now?
Commissioner Plummer: I don't know. Let me look here.
Mr. Cesar Odio (City Manager): This is a resolution from the Boards and Committees Review
Committee.
A. Quinn Jones III, Esq. (City Attorney): This is dealing with those committees, whatever they
were, created by a resolution. And basically that's...
Commissioner Plummer: The new ones?
Mr. Jones: No, this...
Mayor Clark: Do we have...
Mr. Jones: No, these were three committees that were created by resolution. And, of course,
any changes would have to be amended by a resolution.
Commissioner Plummer: Well, Mr. Mayor. I'll move it for discussion.
Vice Mayor Dawkins: Second for discussion.
Commissioner Plummer: Now, you know, I really see no problem if the Miami Beautification
wants to have 50 members or 150 members, really, what difference does... we don't give them
any money. I mean, you know, that's their way of keeping people active and interested in that
committee. And, you know, Al Pallot will have a heart attack, and... let me ask the committee.
Why do you recommend that a committee like Beautification be cut from 50 to 10?
Mr. Ruben Oliva: You are asking the wrong guy. I'm... I was... I said the same thing so... Let
me... Why don't you ask him, because I said the exact same thing you did, Commissioner.
Commissioner Plummer: No, I don't want to hear it from him.
Mr. Oliva: I... The time...
Commissioner Plummer: He doesn't think like me.
109 March 24, 1994
Mr. Oliva: I said the same thing. I said it's a voluntary organization, these aren't real members,
they are out there planting trees...
Commissioner Plummer: They don't cost the City...
Mr. Oliva: ...it doesn't matter if they're 50.
Commissioner Plummer: Mr. Mayor.
Mr. Oliva: The committee persuaded me I was wrong, and we voted that.
Commissioner Plummer: I will make an amendment to this that the Beautification Committee
be allowed to have the membership that they can afford. OK?
Mayor Clark: Second.
Commissioner Plummer: I just... I think it's great.
Mr. Oliva: The only reason, I think, as I recall, is that we found that some of the members, that
they were listing as members were no longer with us, and were, in fact, deceased. And that was
one of the reasons why the committee said, "Well..."
Mayor Clark: Well, what are we going to do on this item right here?
Commissioner Plummer: Mr. Mayor, I would say we leave the Beautification Committee as is,
and the rest of it we adopt.
Mayor Clark: All right.
Commissioner Plummer. And I so move.
Mayor Clark: Read it.
Commissioner Gort: Second.
Mayor Clark: Read it.
Commissioner Plummer: It's a resolution. Call the roll.
A. Quinn Jones III, Esq. (City Attorney): As amended.
110 March 24, 1994
Mayor Clark: Call the roll. It's a resolution.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-183
A RESOLUTION PROVIDING THAT THE OFFICIAL MEMBERS OF THE MIAMI
COMMITTEE ON ECOLOGY AND BEAUTIFICATION MUST EITHER RESIDE,
WORK OR OWN A BUSINESS IN THE CITY OF MIAMI, AND REDUCING THE
TERMS OF THE MEMBERSHIP OF SAID COMMITTEE FROM FIVE YEAR TERMS
TO TWO YEAR TERMS; PROVIDING THAT THE TAX EXEMPT PROPERTY
STEERING COMMITTEE SHALL REPORT ITS FINDINGS AND
RECOMMENDATIONS TO THE CITY COMMISSION WITHIN SIX (6) MONTHS
AFTER THE EFFECTIVE DATE OF THIS RESOLUTION; AMENDING THE BYLAWS
OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN AS FOLLOWS: (1
REDUCING THE TERM OF MEMBERSHIP FROM THREE TO TWO YEARS; (2
LIMITING THE TOTAL CUMULATIVE TERMS A MEMBER MAY SERVE TO
THREE TERMS OF TWO YEARS EACH; (3) ELIMINATING THE DISTINCTION
BETWEEN EXCUSED AND UNEXCUSED ABSENCES; (4) PROVIDING THAT A
MEMBER'S THIRD CONSECUTIVE ABSENCE OR FOURTH ABSENCE DURING A
CALENDAR YEAR SHALL BE CERTIFIED TO THE CITY COMMISSION, THE
MEMBER SHALL BE DEEMED REMOVED AND THE CITY COMMISSION SHALL
FILL THE VACANCY BY APPOINTMENT; AND (5) PROVIDING THAT A QUORUM
SHALL CONSIST OF FIFTY PERCENT (50%) PLUS ONE OF THE PRESENT TOTAL
MEMBERSHIP; FURTHER, BY AMENDING SECTIONS 6 AND 7 OF RESOLUTION
NO. 77-482, SECTION 1 OF RESOLUTION NO. 89-217, AND SECTION 4 OF
RESOLUTION NO. 93-285; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
- - - - - - - - - - - - - -
Mayor Clark: All right, let's move forward. Yes, sir.
Commissioner Plummer: Ted, what are you here on?
Mr. Ted Stahl: This last issue. I'm sorry, I just got here. Has this been passed and the Standing
Festival Committee has been axed?
Commissioner Plummer: The Festival Committee was axed?
ill March 24, 1994
Mr. Ruben Oliva: I'm afraid so.
Commissioner Plummer: Well, excuse me. Are you talking about the one from the Grove?
Mr. Stahl: Yes, sir. That's the one that was mentioned at...
Mr. Oliva: Yeah, but... No, no, no.
Mr. Cesar Odio (City Manager): You cannot touch that.
Commissioner Plummer: No, wait a minute. You can't, you can't ax that committee, because
that was a committee that we established and it has funding. They received...
Mr. Oliva: No, no, no. We didn't sunset the Standing Festival.
Mr. Stahl: Well, we were told that it had been.
Commissioner Plummer: No.
Mayor Clark: Well, you get a lot of rumors out there in the street.
Commissioner Gort: You still got a job to do. You're not going to get off.
Mr. Stahl: All right. Thank you.
--------------------------------------- --------------- -------------------------------------------------------------
21. SECOND READING ORDINANCE: AMEND CODE, ARTICLE VIII, CHAPTER 54
(USE OF THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS
SYSTEMS) TO ESTABLISH REGULATIONS AND FEES FOR GOVERNMENTAL -
OWNED TELECOMMUNICATIONS SYSTEMS AND REDEFINE THE
RESPONSIBILITY FOR ANUAL, FEE FOR SHARED FACILITIES.
------------------------------------------------------ ------------------------------------------------------------
Mayor Clark: Let's go to item 15.
Mr. Oliva: Again, thank you very much.
Commissioner Plummer: Move it. Move item 15. Second reading.
Mayor Clark: Do you have to read it, Mr. Quinn Jones?
Commissioner Gort: Second.
Mayor Clark: Move... Call the roll.
Ms. Matty Hirai (City Clerk): It's been moved by Commissioner Plummer, seconded by
Commissioner Gort.
Commissioner Plummer: Yes.
Commissioner Gort: Yes.
112 March 24, 1994
AN ORDINANCE -
AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 54 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF THE
PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATION SYSTEMS" TO
ESTABLISH REGULATIONS AND FEES FOR GOVERNMENTAL -OWNED
TELECOMMUNICATIONS SYSTEMS AND REDEFINE THE RESPONSIBILITY
FOR ANNUAL FEE FOR SHARED FACILITIES; MORE PARTICULARLY BY
AMENDING SECTIONS 54-140, 54,141, 54-144, 54-145, 54-146, 54-147, 54-149, 54-
150, 54-151, 54-152, 54-153, 54-154 OF THE 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 February 17, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by
Commissioner Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11131.
22. SECOND READING ORDINANCE: AMEND CODE SECTION 54-17
(PROHIBITION OF VEHICULAR ACCESS), THEREBY CLARIFYING
PROCEDURE AND FINANCIAL RESPONSIBILITIES FOR REQUESTING A
VEHICULAR ACCESS PROHIBITION -- EXEMPT CORAL GATE AND
SHORECREST FROM PAYMENT OF REQUIRED FEE.
------------------------------------------------------------------------------------------------------------------
Mayor Clark: The next item, 16.
Commissioner Plummer: I'll move it, Mr. Mayor, with the following proviso.
Vice Mayor Dawkins: Second while he puts his proviso on.
Commissioner Plummer: That the area of Coral Gate and Shorecrest be exempt from having to
pay the fee.
Vice Mayor Dawkins: Why?
Commissioner Plummer: Well, because they were prior to this enactment.
113 March 24, 1994
Vice Mayor Dawkins: OK. That's a good enough reason.
Mayor Clark: Second.
Commissioner Gort: That was incorporated in the first reading.
Mayor Clark: Read the ordinance.
(THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY
TITLE ONLY)
Commissioner Plummer: Mr. Manager, I had asked you for a weekly update on where the status
of this was. I have not received the first one.
Vice Mayor Dawkins: Join the crowd.
Commissioner Plummer: Now, these people are upset, and rightfully so. They're testing our
credibility, because we made promises and things are not being done, and we owe them an
explanation, and we can only give that explanation if you tell us why it's not being done. Can
you... The Coral Gate people are here. Can you tell them why this Commission passed
something six, seven months ago, and nothing has been done?
Mr. Jim Kay: OK. What happened originally was that there was no funding. Dade County told
us, prohibited us from closing the streets, even on a trial basis. We now have gone ahead and
retained an outside traffic consultant, David Plummer and Associates. We have a contract going
now with him. We have a meeting tomorrow morning at 9 o'clock, where we have invited the
Association to come, to with Dade County, and we're updating them as much as we can.
Commissioner Plummer: Is there anything else this Commission needs to do to accommodate
that which we promised?
Mr. Kay: Nothing at this point. It's moving ahead.
Commissioner Plummer: All right. Funding is taken care of.
Mr. Kay: Yes, sir.
Commissioner Plummer: You're having the meetings. When can we assume that something is
going to be done? When can they assume?
Mr. Kay: Well, the Dade County will be - should be reviewing the traffic study in about a
month, and then, following that, their recommendations, we could see something probably in
about six weeks -occurring.
Commissioner Plummer: OK. Would you please make it extremely clear tomorrow to the
people that you meet with that it's not this Commission who is dragging. OK? This
Commission is doing everything it can and has been able to do, and tell them where the problem
is, because they're not believing us. I want you to know that.
Mayor Clark: They'd better believe us now, because they're here.
Commissioner Plummer: OK.
Mayor Clark: You hear that, Ricky - Robert?
114 March 24, 1994
Mr. Bob Valledor: Thank you for calling me Ricky, Mr. Mayor.
Mayor Clark: Yes.
Mr. Valledor: I'm Bob Valledor, 3324 Southwest 20th Street, 1450 Coral Way, chairman of the
Nuisance Abatement Board, member of the Affirmative Action Advisory Board. J.L., I owe you
an apology. Last February, I got a little hot and a little out of control, and I gave you and your
staff a hard time over this matter. And I apologize to you, sir, and I owe you an apology.
Commissioner Plummer: It's not necessary.
Mr. Valledor: Thank you.
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor. I need to call the roll on 16.
Mayor Clark: Yes.
AN ORDINANCE -
AN ORDINANCE (being drafted by the Law Department)
Passed on its first reading by title at the meeting of February 17, 1994, was taken up for its
second and final reading by titila 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11132.
115 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
23. (A) SECOND READING ORDINANCE: AUTHORIZE ISSUANCE (SUBJECT
TO HOLDING OF SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 8,
1994) OF $28,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS -- FOR CONSTRUCTION OF NEW
FACILITIES -- APPROVED HOLDING OF SPECIAL ELECTION IN
CONNECTION THEREWITH.
(B) VICE MAYOR DAWKINS REQUESTS MANAGER TO RESERVE ONE-
THIRD OF THE $50,000 ALLOCATED TO RE-EDUCATE THE PUBLIC.
Mayor Clark: OK. Item 17.
Mr. Cesar Odio (City Manager): This is the place on the ballot, the bond issue for the Police
Department.
Mayor Clark: Give me a motion.
Vice Mayor Dawkins: Move it. They should be able...
Commissioner Gort: Second.
Mayor Clark: Moved and seconded.
Vice Mayor Dawkins: Under discussion.
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Manager, how much do you intend to spend to, as you say, educate
the public about this issue?
Mr. Odio: Fifty thousand.
Vice Mayor Dawkins: Fifty thousand?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: OK. I would like to reserve one third of 50... OK. You're going to
spend 50 on the police and the fire, and 50 on the fire?
Mr. Odio: Fifty on police and 50 on fire.
Vice Mayor Dawkins: OK. I'd like to reserve...
Commissioner Plummer: Already -they're wasting money.
Vice Mayor Dawkins: ... one third of the police money to reeducate the public about the police
bond. I don't need them to say anything... I don't need any money with the firemen's bond at
all.
Mr. Odio: OK.
116 March 24, 1994
Vice Mayor Dawkins: I'll let you sell the public on that.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: But I need to reeducate them on the police bond.
Commissioner Plummer: Two things, Mr. Mayor. I'm voting for this issue, to put it, to let the
people make their own decision.
Mayor Clark: Yes, that's good.
Commissioner Plummer: Publicly, I will oppose the issue. I think it is going beyond the
spending of what we can afford. It is buying pie in the sky. And as far as I'm concerned, the
second point is very mandated that that list which has been provided is mandated, and must be
restrictive, that those monies cannot be used for any other purpose than what is spelled out on
that list of items to be used. Too many times in the past, monies have been deviated and taken
from bond issues to do other things.
Mayor Clark: You know, that's a violation. They should never do that. The Attorney will tell
you that, that's stipulated in the ordinance itself.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: If you violate that, then you're in bad shape.
Commissioner Plummer: Mr. Mayor, we passed a bond issue back in the '70s for helicopters in
this City. We never saw helicopters, nor did the money come from that bond issue. We,
likewise, Mr. Mayor, when you were here, we had bond issue money to put surveillance cameras
on Flagler Street. You never saw them there because they didn't work.
Mr. Odio: No, they didn't work.
Commissioner Plummer: We also had monies for a vehicle, indentification vehicle thing. You
never saw it, and it's not in today. My good friend, my blue brother has a very fine statement of
how it's done. It's called voodoo economics.
Mayor Clark: OK. Well, let's move on it. Is there anything further? Call the... Did you read
it? Is it a regular... Call the roll, Madam Clerk.
117 March 24, 1994
AN ORDINANCE -
AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION
HEREIN PROVIDED FOR, OF $28,000,000 POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA,
FOR THE PURPOSE OF PAYING THE COST OF POLICE AND CRIME
PREVENTION FACILITIES IN THE CITY OF MIAMI, FLORIDA (THE "CITY'),
INCLUDING THE RENOVATION OF THE POLICE HEADQUARTERS BUILDING
AND ACQUISITION OF PROPERTY ADJACENT THERETO, THE ACQUISITION
AND INSTALLATION OF COMMUNICATION AND COMPUTER EQUIPMENT
AND FACILITIES, THE PROVISION OF FACILITIES FOR TRAINING, PROPERTY
STORAGE (STORING AND SAFEGUARDING IMPOUNDED VEHICLES,
WEAPONS, INSTRUMENTS AND RECORDS, AND MATERIALS HELD AS
EVIDENCE) AND OTHER POLICE PURPOSES AND THE ACQUISITION OF ANY
NECESSARY LAND AND OTHER EQUIPMENT, PROVIDING FOR THE LEVY
AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS,
PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE
CITY OF MIAMI, FLORIDA, ON SEPTEMBER 8, 1994, WITH RESPECT TO THE
ISSUANCE OF SUCH BONDS.
Passed on its first reading by title at the meeting of February 24, 1994, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Dawkins, seconded by
Commissioner Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11133.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: I vote yes, although I'll be campaigning in the community against it.
Commissioner Plummer: Yes, as long as it is attached with the outline of every item of what
that money is going to be used for.
Mayor Clark: Very good.
118 March 24, 1994
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24. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE (SUBJECT TO
HOLDING OF SPECIAL MUNICIPAL ELECTION ON SEPTEMBER 8, 1994) OF
$25,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
BONDS -- FOR CONSTRUCTION OF NEW FACILITIES.
Mayor Clark: On the next item, give me a motion on that item.
Commissioner Gort: So move.
Commissioner Plummer: What's the next one?
Commissioner Gort: Ninteen.
A. Quinn Jones, III, Esq. (City Attorney): Fire.
Vice Mayor Dawkins: Second.
Commissioner Gort: JTPA (Jobs Training Partnership Act).
Commissioner Plummer: Eighteen.
Mayor Clark: All right. No discussion of that, Chief? No discussion. Read it, read it. All right.
Call the roll, Madam Clerk.
AN ORDINANCE -
AN ORDINANCE AUTHORIZING ISSUANCE, SUBJECT TO THE ELECTION
HEREIN PROVIDED FOR, OF $25,000,000 FIRE FIGHTING, FIRE PREVENTION
AND RESCUE FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA, FOR
THE PURPOSE OF PAYING THE COST OF FIRE FIGHTING, FIRE PREVENTION
AND RESCUE FACILITIES IN THE CITY OF MIAMI, INCLUDING
CONSTRUCTION AND IMPROVEMENT OF FIRE STATIONS AND FACILITIES,
ACQUISITION, MODIFICATION AND REFURBISHMENT OF RESCUE UNITS
AND FIRE APPARATUS, ACQUISITION AND INSTALLATION OF COMPUTER,
COMMUNICATION AND MANAGEMENT INFORMATION SYSTEMS,
IMPROVEMENT OF FIRE TRAINING FACILITY, ACQUISITION OR
MODIFICATION OF FIRE, RESCUE, EMERGENCY MEDICAL AND SAFETY
EQUIPMENT, AND THE ACQUISITION OF ANY NECESSARY LAND AND
OTHER EQUIPMENT, PROVIDING FOR THE LEVY AND COLLECTION OF AD
VALOREM TAXES TO PAY SUCH BONDS, PROVIDING FOR THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON
SEPTEMBER 8, 1994, WITH RESPECT TO THE ISSUANCE OF SUCH BONDS.
119 March 24, 1994
'4
Passed on its first reading by title at the meeting of February 24, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11134.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I'd like to say to Mr. Jonathan... Mr. Jonathan, remember when we
passed the bond issue for the jails, we still have not gotten a complete jail although we passed
the bond issue. And now they are asking us to make more money available for police facilities,
and we still don't have the ones from the last bond. Thank you, sir.
Commissioner Plummer: They still got leaks in the roof in the one on 62nd Street.
Mayor Clark: All right. Let's move.
-------------------------------------- -----------------------------------------------------------------------------
25. FIRST READING ORDINANCE: ESTABLISH SIX NEW SPECIAL REVENUE
FUNDS: (1) JTPA TITLE III/DISLOCATED WORKERS PROGRAM (PY'93); (2)
JTPA TITLE III/PAN AM DISLOCATED WORKERS PROGRAM (PY'93); (3) JTPA
TITLE III/"EMERGENCY" JOBS PROGRAM (PY'93); (4) DHRS/RCA (PY'93); (5)
JTPA TITLE III DISCRETIONARY (PY'93), AND (6) JTPA TITLE IIB SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY'93) -- APPROPRIATE
FUNDS FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS -- ACCEPT
GRANT AWARDS -- ENTER INTO NECESSARY AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 19. Nineteen. Let's move.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
120 March 24, 1994
Commissioner Plummer: I'll second it. Frank. Let me ask you, on the record. Mr. Manager,
you better listen to this. Mr. Manager. Frank, with what has just been done in Tallahassee, in
reference to these funds, where do we stand today as to these moneys? Have they been
transferred out to the Department of Education, or are they going to remain in the Department of
Labor where they were before? I'm concerned of pay -back. For my... Commissioners, there is a
thing in Tallahassee that's almost finished, and Frank - you correct me if I'm wrong - that
transfers all of these moneys out of the control of the cities and private CBOs Community
Based Organizations) into the school system. Bill Turner, ironically, spoke against the issue that
they did not want it in Dade County to go to the school system because of their accountability.
OK. Now, Frank, on the record, I am concerned and I want to express that concern of my
colleagues. Tell me what your opinion is?
Mr. Frank Castaneda: Well, they have amended the legislation to maintain local control and
local accountability. What they are moving to the Department of Education is about 15 million
dollars. And that is all. The problem is going to be in the development of the one step center
and the executive orders that the Governor is going to have to come down with to implement the
plan. And that's what we are following very closely.
Mr. Cesar Odio (City Manager): We just sent a letter signed by the Mayor...
Commissioner Plummer: Well...
Mr. Odio: ...on the onestep centers.
Commissioner Plummer: ...Mr. Mayor, the head of appropriations in the House is the one who is
the staunch backer for the Lieutenant Governor Buddy Mackay as I understand it.
Commissioner Gort: Senator Kirkpatrick.
Commissioner Plummer: And it's going through like a locomotive. It's wide open. If it's no
conem of Frank, I will move the issue.
Mr. Castaneda: No, it is a great concern of mine. But that is...
Commissioner Plummer: Well, but I am saying this here.
Mr. Castaneda: That is not.
Commissioner Plummer: And I am only concerned about if we had to pay back. That is what I
am concerned about.
Mayor Clark: Second? Is there a second? Call the roll.
121 March 24, 1994
AN ORDINANCE ESTABLISHING SIX (6) NEW SPECIAL REVENUE FUNDS
ENTITLED: "JTPA TITLE III/DISLOCATED WORKERS PROGRAM (PY'93)", "JTPA
TITLE III/PAN AM DISLOCATED WORKERS PROGRAM (PY'93)", "JTPA TITLE
III/EMERGENCY JOBS PROGRAM (PY'93)", "DHRS/RCA (PY'93)", -'JTPA TITLE III
DISCRETIONARY (PY'93)", "JTPA TITLE IIB SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM (PY'93)" AND APPROPRIATING FUNDS FOR
OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF
$215,841, $125,580, $136,928, $61,900, $198,000 AND $685,000 FROM U.S.
DEPARTMENT OF LABOR GRANT AWARDS; AND FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND
ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
26. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE CHAPTER 39, ARTICLE II (SIDEWALK AND
STREET VENDORS), ESTABLISHING LOTTERY AND COMPETITIVE BIDDING
PROCEDURES FOR ASSIGNMENT OF VENDORS SPECIFIC VENDING ZONES IN
COCONUT GROVE SPECIAL VENDING DISTRICT TO MEETING OF APRIL 14,
1994.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Plummer: I'll move it on first reading. But I have some definite
recommendations.
Mayor Clark: It's on 20?
Commissioner Plummer: I'll move it on first reading.
Vice Mayor Dawkins: I'll second it for discussion.
Commissioner Plummer: Mr. Mayor, this has been a bone of contention, and there has never,
ever, in my estimation, been an equitable where all people were satisfied. This idea of a lottery,
in my estimation, is not working. We now have one cart there that doesn't comply with any of
the regulations who claim that they're on the first amendment because they are a religious group.
122 March 24, 1994
There have been identified, as I recall, ten locations. Am I correct? Now, what I would
recommend to this City Commission is that, yes, we have a lottery. That all people who can
comply with the requirements that we have set forth as to the type of cart, to what other the other
requirements are, that the lottery be for no more than a 30 day period, that every 30 days, there
be a new lottery to give everybody a viable and fair chance for different locations. In other
words, if there are 40 people who want to put them in there, and they have the proper carts, and
they have the proper thing to do, they get, by pulling on location one, the lottery comes up with
that. Location two, and 1 think it's the only fair way, Mr. Mayor, that you do not say to people,
"Hey, you've got this thing for a lifetime." They are on public property, and I think the only fair
way to do it is to have every 30 days a lottery for each and every location.
Mayor Clark: You want to go, Willy? All right.
Commissioner Gort: Mr. Mayor, you know, back in the '80s the street vendors was something
that was created in downtown Miami and had several purposes. The purpose was, one, to give
an opportunity to small business people to establish themselves as a business, and make a living.
Number two, they were to become, sort of, a tourist guide because they'd be in the corners, and
they'd be able to address the people, and inform them with the locations of different buildings.
And number three, at the same time, they can serve as a crime watch because they are in the
street, they know the people, and they could work with the police forces, and the merchants in
the area. Unfortunately... We set up certain criterias and we passed an ordinance. The biggest
problem that we have is that we don't have enforcement. And that is the problem. A lot of times
we pass legislation in here, very well intended, and we have a program that should serve and
help the public, but, unfortunately, because we do not enforce it, we have a problem. Right now
in downtown Miami we got a problem with the vendors. There is suppose to be only "X"
amount of vendors in downtown. We got them all over. They are supposed to set a certain
criteria, maintain the place clean. And there are certain things that are not happening. If we
continue on this, I would really like to see the criterias and how we are going to enforce it, and
who is going to enforce it, and make sure that they do get enforced.
Mayor Clark: All right. Mr. Dawkins.
Commissioner De Yurre: Mr. Mayor.
Vice Mayor Dawkins: Go right ahead.
Commissioner De Yurre: Mr. Mayor, up to now it has been Public Works that has been
enforcing all these things. Maybe it's time that we delegate that ability to the local NET
(Neighborhood Enhancement Teams) offices. They have the police power, they have...
Commissioner Gort: Great idea.
Commissioner De Yurre: ...the inspectors, they have all that. They can just take care of that
directly.
Commissioner Gort: Great idea.
Commissioner Plummer: Well...
Commissioner De Yurre: And take it away from Public Works.
Commissioner Plummer: ... Victor.
Mayor Clark: Mr. Manager, what happened to the lights? We didn't pay the bill or what?
123 March 24, 1994
;`)
Mr. Cesar Odio (City Manager): They were turned off so you could see the map.
Commissioner Plummer: I have... Victor...
Vice Mayor Dawkins: You are out of order. I'm next.
Commissioner Plummer: I'm sorry.
Vice Mayor Dawkins: That's quite all right.
Mayor Clark: Go right ahead, J.L. I mean...
Vice Mayor Dawkins: Thank you, sir. Mr. Mayor... Mr. Manager, how... what is the difference
between lottery and competitive bid? I don't understand. If it's going to be by lottery, then that
means we dip in the hat and pull out a name?
Mr.Odio: Yes.
Vice Mayor Dawkins: Now, if it's going to be by competitive bid, then you are going to receive
offers and that bid which offers the most return to the City of Miami should be the one. But,
when you tell me you are going to have a lottery and a competitive bid, I'm confused.
Mr. Jim Kay: Mr. Commissioner.
Vice Mayor Dawkins: Beg your pardon?
Commissioner Plummer: We don't get anything out of it.
Mr. Kay: Go ahead, Joel.
Mayor Clark: Just the accommodation of those people. We really don't know who...
Commissioner Plummer: The license fee, that's all we...
Mr. Joel Maxwell (Assistant City Attorney): Mr. Vice Mayor. The ordinance before you does
make that distinction. And it contains a combination of the two. One, the competitive bidding
procedures would require a newspaper advertisement, first of all, and it would go to the highest
bidder. Then the lottery procedures kick in if there is a tie, for instance, because this ordinance
before you, now, only has a $3,000 cap for the bid, and we contemplate that it could go... a lot of
people would raise that amount of money. Then it would go into a lottery where essentially you
draw from the hat. Then, after that point, when positions become available during the year,
instead of going to full competitive bidding, you would, then, still go to the lottery concept.
Vice Mayor Dawkins: OK. Thank you.
Mr. Maxwell: So that's what the one before you has now. But what is being proposed would...
the competitive bidding procedures and go strictly to a lottery, which would be a much simpler
procedure.
Vice Mayor Dawkins: When is that? That is being imposed in the proposal?
Mr. Maxwell: Well, that's what has been...
124 March 24, 1994
Commissioner Plummer: That is what I have...
Vice Mayor Dawkins: Uh?
Commissioner Plummer: That's what I propose.
Mr. Maxwell: Right, that's only being proposed by Commissioner Plummer, now.
Mayor Clark: All right, let's hear from this gentleman right here.
Commissioner De Yurre: Mr. Mayor, if I may ask only before Ted speaks? One of the things,
what... one of the things that would determine in my mind which way to go, whether it's a
lottery, whether it is this or that, is the amount of individuals that want to participate in this
process. OK.
Commissioner Plummer: That's the problem.
Commissioner De Yurre: So, if there is only 15, for example, as opposed to 40, I would like to
adopt one plan as opposed to another. Doesn't it make sense to maybe put out a period within
which people want to participate and close that, have a window, we close it, and then we see
how many people we have. And then we can come up with a system that would be more
adaptable to whatever the numbers are. You know, if it's 40, then we go with a lottery. If it's
12, then we may just say, "Listen, just add one more space, or do something on a rotating basis."
Mayor Clark: Send out an RFQ (Request for questions), then, with questions coming in.
Commissioner De Yurre: Yes, and then see how many we got that want to participate in the
process.
Mayor Clark: All right.
Commissioner De Yurre: That will be my suggestion.
Mr. Ted Stahl: My name is Mr. Stahl, 3120 Commodore Plaza. Many years ago, it was myself
that brought to the Commission at that time the problems in this community with the over
abundance of vendors all over our streets. And we were instructed to meet with the City
Attorneys and the existing vendors and the residents and business people of this community to
come up with a more presentable way of letting our vendors stay here. And we came up with the
existing ordinance which is a good ordinance. The biding process, most of us are all for, and I
agree with. The only problem with this ordinance is, there has not been, if there is available,
enforcement. That is our problem, right now. And what I would like to see, if it could be
possibly done, that the enforcement be accomplished by the NET office.
Commissioner Plummer: Fine.
Commissioner Gort: That is what he said.
Mr. Stahl: Mr. Harns, or Christine Abrams, on the weekends, being sure that these individuals
are living up to their commitments to keep our community in the appearance that we want.
Commissioner Plummer: Ted, my only problem is that I don't think any vendor should have the
right to be on a given location forever. I think that they should be rotated around to different
locales, and if, in fact, there are more people who wish to participate than there are locations,
that's when you should have the lottery. Now, Christine tell me that, presently, with ten
locations, we only have six vendors.
125 March 24, 1994
Mr. Stahl: That's correct, sir.
Commissioner Plummer: And at this particular time, the only thing the lottery would do would
be to rotate the locations where some are supposedly better, more visible, and better adjusted.
All I am saying to you - you want to make it 90 days? Fine. But I just don't think that anybody
that exists there should have it for infinitum, just so that they have what they want. I don't think
that's proper. I don't think it's right.
Mr. Stahl: Well, I will state that having been here all these years, and watching what is going on
since the ordinance was put into effect many years ago, basically, the hardest part with these
vendors was to, first come, first serve in the spot.
Commissioner Plummer: OK.
Mr. Stahl: Some people would stay up all night living in their cars, to grab the spot, and it was
very difficult for them. So the Public Works has come up with the idea of the bidding process,
and maybe giving these individuals a permanent spot where they wouldn't have to show up at
daybreak and grab the spot and have an argument on the streets.
Commissioner Plummer: For a period of time.
Mr. Stahl: Which is fine. But the point that I would like to bring up is, this is all well, but there
are times during the year, even though there are six vendors, there are some vendors that have
licenses that live in New York City. And they come down, and they are here for three months,
and they are gone. So then it jumps from six to nine spots. Or there may be four that come in
unexpectedly and we got ten spots, again, necessary. The ten spots is adequate. Their location is
discussable.
Commissioner Plummer: All I am saying is that it should be rotated. That's all I am saying.
Mr. Stahl: As I... the individual, even though it did not state that in the ordinance, they took it
upon themselves, and it worked very successfully, amongst themselves, to do the rotation. That
did work over the years up until now when a question was brought in to where someone was
being persecuted or whatever the... And you now the story on that.
Commissioner Plummer: Yeah.
Mr. Stahl: So this is what has brought this whole thing back into the front of you.
Commissioner Plummer: The rotation eliminates that complaint.
Mayor Clark: All right, gentleman, you have to say something?
Mr. Stahl: Thank you.
Mr. Ernesto Villoch: Yes, sir. My name is Ernesto Villoch, and I'm president of the Coffee Cart
Company. We come from the west coast of the United States and I am also a long time Miami
resident at 140 Morningside Drive, in Coral Gables. My cart was on a probation situation on
Main Highway, and we found a situation where we served coffee. We were not instructed by
Public Works when I went to get my licenses that we could not serve coffee in Coconut Grove. I
agree distinctly with Mr. Plummer that it should be a rotary, a rotary type of situation. Our
professional systems in this Seattle -based company gave the City over $50,000 a year revenue.
It's not a small type of business. We'd like to participate, and we'd like to become a new player
126 March 24, 1994
in this market within the Coconut Grove situation. And we'd like to get an extension, if we
could possibly get it, or make a full presentation to the City on a very professional... my carts
have been seen, we introduced them at the Miami Grand Prix, where Mr. Plummer had a nice
cup of coffee, and we'd like to see if we could possibly do this.
Commissioner Plummer: Oh, I did. Yes, I did, yes, yes.
Mayor Clark: Thank you, sir.
Commissioner Plummer: Yeah. Let me ask you, Wally, at this time, do the carts bring in any
revenue to the City?
Mr. Wally Lee (Assistant City Manager): No, sir.
Commissioner Plummer: None at all?
Mr. Lee: No, sir.
Commissioner Plummer: And they are existing on City property?
Mr. Lee: That is correct.
Commissioner Plummer: Without insurance. There is no mandate for insurance?
Mr. Lee: No, sir.
Commissioner Plummer: OK. And, you know, I just don't understand that we don't rotate it, in
the interest of fairness. Now, this mandate...
Mayor Clark: J.L., I think you should have insurance because we got enough claims against us
now, God.
Commissioner Plummer: Oh, I agree with ghat.
Mr. Villoch: Sir, we carry over a million dollars worth of insurance on each one of our carts.
Commissioner Plummer: Well, that's not you, sir. There is no requirement in the ordinance,
presently, that has to provide insurance. Mr. Mayor, I would move the issue on first reading to
say that we transfer the responsibility to NET, the Coconut Grove enforcement, and that - is 90
days a fair? - is that fair to my colleagues?
Mayor Clark: Sure, that's fair enough.
Commissioner Plummer: OK. That we have a lottery that would give a location for 90 days to
all that are eligible under the requirements as set forth in the specs. And that... That's it.
Mayor Clark: All right.
Mr. Maxwell: Mr. Mayor. A point of clarification for me.
Mayor Clark: Yes.
Mr. Maxwell: Right now the... Mr. Plummer raised a question about income. The competitive
bidding portion of this ordinance before you now sets a limit, a max, of $3,000. Whereas the
127 March 24, 1994
lottery provision only sets $500. I need a clarification on the figure you want to use. What are
you going to charge them for using the...
Commissioner Plummer: How about if we cut it in half?
Mr. Maxwell: Fifteen hundred dollars?
Commissioner Plummer: Fine.
Mr. Maxwell: So, for 90 days? Or $1,500 for a year for (Inaudible).
Commissioner Plummer: No, well, prorate it. It would be, what? It would be $500 a month.
Right?
{ Mr. Villoch: Right.
Commissioner Plummer: Yeah, $500 a month.
Mr. Maxwell: You said $1,500 a year.
Commissioner Plummer: Fifteen hundred, was it a year?
Mr. Maxwell: Yes. No, it was $3,000 a year.
Mr. Kay: Three thousand, up to.
Commissioner Plummer: Well, divide 12 into $1,500, $100 a month then.
Mr. Maxwell: A hundred dollars a month?
Commissioner Plummer: Two hundred a month. What is fair?
Mr. Maxwell: I would think, that's a policy decision, but it's valuable property.
Mayor Clark: This is a matter of (Inaudible), what is fair over there?
Commissioner Plummer: What's fair?
Mr. Villoch: Well, of course, the lowest is fair, but actually we were making, in just this spot
last week, we made over $300 in two days. So, if the carts make over $300 a day, it'll be...
Commissioner Plummer: Two hundred a month? Is that fair?
Commissioner Gort: Two hundred a month is fair.
Mr. Villoch: Yes, $200 a month.
Commissioner Plummer: All right, $200 a month. That is it. That's part of my ordinance.
Mr. Maxwell: You need to address something else. This gentleman is talking about selling
coffee. Is he not?
j Mr. Villoch: Yes, that's correct.
128 March 24, 1994
Commissioner Plummer: He cannot sell anything in competition within so many feet.
Mr. Villoch: No, I understand anything... We also sell orchids, but we didn't, we didn't come in
with that. We have, we've been requested by some parts of the City to not be in Coconut Grove,
and we are going to be in full accordance with that. But I am just stating the facts, in carts,
because we are going to make a big plunge into this marketplace, here.
Commissioner Plummer: Just for your edification, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: A cart at Bayside...
Mayor Clark: Yes.
Commissioner Plummer: ...as I recall, is $650 a month, or a week. Which was it?
Mr. Villoch: A month.
Commissioner Plummer: A month. $650 a month. OK. Call the roll.
Mayor Clark: That beats undertaking, doesn't it?
Commissioner Plummer: Uh?
Mayor Clark: That beats undertaking.
Mr. Maxwell: No, no. What we would need to do, Mr. Mayor...
Mayor Clark: You got to read. Read the ordinance.
Mr. Maxwell: ...what we need... I would suggest that you defer this item because it's totally
different than the ordinance in front of you. And we'll come back to you...
Mayor Clark: Defer it, we'll recess...
Commissioner Plummer: It's a first reading.
Mayor Clark: We are in recess until 2:30. Understand.
Mr. Maxwell: I'm sorry.
Mayor Clark: Twelve o'clock. Recess until 2:30.
Mr. Maxwell: So you didn't act on this ordinance.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:00 NOON AND RECONVENED AT 2:35 P.M.,
WITH COMMISSIONER VICTOR DE YURRE ABSENT AT
THAT TIME.
Mayor Clark: On item number 20, what was the latest on that, Mr. Attorney?
Mr. Maxwell: I'm sorry, Mr. Mayor.
129 March 24, 1994
Mayor Clark: On item 20, have you read the ordinance?
Mr. Lee: Mr. Mayor, we would recommend that the item be withdrawn at this time so we can
revise it and come back to this Commission on April the 14th.
Commissioner Plummer: That's fine. I'll so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO.94-184
A MOTION INSTRUCTING THE CITY MANAGER TO DEFER AGENDA ITEM
20 (PROPOSED FIRST READING ORDINANCE ESTABLISHING LOTTERY
AND COMPETITIVE BIDDING PROCEDURES FOR THE ASSIGNMENT OF
SPECIFIC VENDING ZONES FOR VENDORS IN THE COCONUT GROVE
SPECIAL VENDING DISTRICT); FURTHER DEFERRING SAID ISSUE TO
THE APRIL 14, 1994 COMMISSION MEETING, FOR FURTHER REVIEW BY
THE CITY COMMISSION.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
130 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
27. (Continued discussion) DIRECT CITY ATTORNEY TO PREPARE AN ORDINANCE
AMENDING 11130 IN ORDER TO REINSTATE THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE FROM ABOLISHMENT. (See labels 18, 20B
& 68)
Mayor Clark: Item 21.
Commissioner Plummer: Mr. Mayor, on item 14-B (sic), you will recall the question was asked
as to whether or not it abolished the Coconut Grove Standing Festival Committee. The answer
was no. Well, the City Attorney said we should have asked him, because he said that this does
abolish it.
Mayor Clark: Well, let's take it out then.
Commissioner Plummer: Then I would move at this time that the Coconut Grove Standing
Festival Committee not be abolished, and it remain as it presently is constituted. I so move.
Commissioner Gort: Second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Clark: Yes, sir.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 94-185
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT AN
AMENDMENT TO ORDINANCE 11130, REINSTATING THE COCONUT
GROVE STANDING FESTIVAL COMMITTEE, WHICH HAD BEEN
PREVIOUSLY ABOLISHED PURSUANT TO RECOMMENDATION BY THE
CITY'S BOARDS AND COMMITTEES REVIEW COMMITTEE.
131 March 24, 1994
Upon being seconded by Commissioner Gort, the motion 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
NAYS: None.
ABSENT: Commissioner Victor De Yurre.
NOTE FOR THE RECORD: AT THIS POINT, IT WAS NOTED
THAT AGENDA ITEM 21 HAD BEEN WITHDRAWN.
-------------------------------------------------------------------------------------------------------------------
28. ACCEPT CITY MANAGER'S RECOMMENDATION -- AUTHORIZE EXECUTION
OF "ARTICLE 26, GROUP INSURANCE" OF THE COLLECTIVE BARGAINING
AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYESS (AFSCME), LOCAL 1907, AFL-CIO, FOR PERIOD
OCTOBER 1, 1993-SEPTEMBER 30, 1995.
Mayor Clark: All right. Item 22-A.
Commissioner Plummer: Mr. Mayor, I understand that all of these have gone before the unions,
they have all ratified, they are all in compliance. There have been some letters to my office of
discontent, but I think that the majority of the ratification of the members. I will move 22-A to
start with.
Mayor Clark: All right. Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: All right. It's a resolution, so all in favor, signify by saying "aye."
Vice Mayor Dawkins: Aye.
Mayor Clark: Opposed, like sign. So ordered.
132 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-186
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY
MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE "ARTICLE 26, GROUP INSURANCE," OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF
OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1995, UPON THE TERMS
AND CONDITIONS SET FORTH IN ARTICLE 26, ATTACHED, WHICH IS
INCORPORATED BY REFERENCE INTO SAID COLLECTIVE BARGAINING
AGREEMENT.
(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
NAYS: None.
ABSENT: Commissioner Victor De Yurre.
-------------------------------------------------------------------------------------------------------------------
29. ACCEPT CITY MANAGER'S RECOMMENDATION -- EXECUTE NEW "ARTICLE
17, GROUP INSURANCE OF THE COLLECTIVE BARGAINING AGREEMENT
WITH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL
587, FOR PERIOD OCTOBER 1, 1993-SEPTEMBER 30, 1995.
Mayor Clark: 22-B.
Commissioner Plummer: Likewise, with the same provision, that it is my understanding that all
of the unions have ratified it. I will move it, Mr. Mayor.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: No exceptions? Any discussion? Cast a unanimous ballot.
133 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-187
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY
MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE "ARTICLE 17, GROUP INSURANCE," OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO,
LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1993 THROUGH
SEPTEMBER 30, 1995, UPON THE TERMS AND CONDITIONS SET FORTH IN
ARTICLE 17, ATTACHED, WHICH IS INCORPORATED BY REFERENCE
INTO SAID COLLECTIVE BARGAINING AGREEMENT.
(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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
30. ENTER INTO AGREEMENT WITH THE LITTLE HAITI HOUSING ASSOCIATION
(GRANTEE) TO PROVIDE A GRANT ($358,885) FOR GRANTEE TO ACQUIRE /
RENOVATE / DEVELOP LOW TO MODERATE INCOME SCATTERED SITE
HOUSING IN LITTLE HAITI NEIGHBORHOOD, SUBJECT TO SELLING PRICE
OF HOUSES NOT TO EXCEED $50,000.
Mayor Clark: Item number 23.
Commissioner Plummer: On item 23, are they here?
Mayor Clark: Sir?
Commissioner Plummer: This is a not -for -profit, is that correct? Either one, it makes no
difference, sir.
Mr. David Harder: Yes. Little Haiti Housing Association is a private non -for -profit...
Mayor Clark: Your name, please.
134 March 24, 1994
Mr. Harder: David Harder, executive director of Little Haiti Housing.
Commissioner Plummer: All right. Are these to be sold or rentals?
Mr. Harder: These are to be sold. It's part of our home...
Commissioner Plummer: They're to be sold.
Mr. Harder: ... ownership program.
Vice Mayor Dawkins: Where are we?
Commissioner Plummer: Item 23.
Vice Mayor Dawkins: OK.
Commissioner Plummer: What happens in the case of default?
Mr. Harder: We work with the banks. We try to negotiate with the banks in order to have the
properties come back to us so that we can try to restore and maintain the neighborhood. So far,
our program has not had any defaults, and so we haven't encountered the details in following
that yet.
Commissioner Plummer: How many units will this provide?
Mr. Harder: We are intending to do ten units with this money.
Commissioner Plummer: And what will the average unit sell for?
Mr. Harder: It'll vary on the size of the unit and the neighborhood.
Commissioner Plummer: Well, this is moderate, moderate income. What... You know, there's a
range for moderate income. Now, what are you proposing that these units... I want a maximum
that they will be sold for, because I don't want any playing around afterwards.
Mr. Harder: They'll be sold for market rate.
Commissioner Plummer: No, sir, that's not the answer that I will concur to. Is it $55,000 per
unit? Is it $60,000?
Mr. Harder: I'm hesitant because...
Mayor Clark: Sir, I think you better go back and find this answer out because we've been...
Commissioner Plummer: I think this Commission needs to know a two -bedroom is going to be
moderately income, how much is it going to sell for, and I want a guaranteed rate. I mean,
we've always done that. Mr. Bailey?
Mayor Clark: Mr. Bailey?
Mr. Herb Bailey (Assistant City Manager): Yes, sir.
Mr. Harder: OK. I can tell him what the units sell for, what the units previously we've sold for.
135 March 24, 1994
Mr. Bailey: Let him give you another answer.
Commissioner Plummer: All right. All I want is a maximum amount that they will be sold for,
to assure this Commission that it is moderate income. I mean, I'm not going to have you turn
around and sell it for $110,000 and tell me, "Well, that was moderate at the time and that was
market value."
Mr. Harder: We sell, you know, again, depending on what appraisers bring us, we sell two
bedrooms for anywhere between $42,000 and $46,000. We just sold a two -bedroom unit for
$46,000.
Commissioner Plummer: Where would these units be sold?
Mr. Harder: The ones that are selling?
Commissioner Plummer: No, the ones that this money would be used for.
Mr. Harder: The monies, this money, from my understanding of the resolution, is for houses that
we have to purchase and sell between Biscayne Boulevard and Northeast 4th Avenue, and 62nd
Street and 79th Street.
Commissioner Plummer: Mr. Manager, do we monitor this at all times?
Mr. Jeff Hepburn: We will. This is a new program in terms of a funding source.
Commissioner Plummer: You know where I'm coming from.
Mr. Hepburn: I'm saying we will, our office will. Both our office and the CD (Community
Development) Department.
Commissioner Plummer: All right, sir. What is your position with that company? Sir?
Mayor Clark: No, he's with the organization.
Commissioner Plummer: What is your position with that company?
Mr. Harder: I'm the executive director.
Commissioner Plummer: What is your salary?
Mr. Harder: My salary is $35,000 a year.
Commissioner Plummer: OK. As long as I can get, Mr. Mayor, a written document showing me
the maximum amount that these houses will be sold for, I would be comfortable. OK? To
assure me that, in fact, it's going to be moderate income.
Mayor Clark: Can you go and get that and bring that back to us this afternoon?
Commissioner Plummer: Mr. Mayor, I'll ask Mr. Bailey. What is moderate income? Under 60?
Under 50? Tell me, and I'll... I'm not trying to be hard-nosed. I just want to...
Mr. Hepburn: It's 80 percent of median income for Dade County, which is about $44,000 for a
family of four.
136 March 24, 1994
Commissioner Plummer. All right. So then not to exceed $50,000 would be within the ballpark.
Mr. Hepburn: Again, the problem... That number I gave you is essentially income.
Commissioner Plummer: OK.
Mr. Hepburn: What determines a moderate or low income family. The problem here I think is
that we're not sure, at this point, a house that he goes out and buys now in rehab, what he's going
to pay for it when he initially buys it. We have to sort of let this play out.
Vice Mayor Dawkins: Then he doesn't pay what he can't sell it for.
El
Commissioner Plummer: That's right. You know...
Vice Mayor Dawkins: You live within your budget.
Mr. Hepburn: I didn't understand the question.
Vice Mayor Dawkins: Beg your pardon?
Mr. Hepburn: I didn't understand that.
Vice Mayor Dawkins: OK. No question. I'm making a statement. OK? You said that he
cannot determine, which I agree with, what cost he will have to put into the unit to bring it up to
standard. I have no problem with that. But if he sees a unit that he has to put more money into
it, where it would cost more than $50,000, go buy another one.
Commissioner Plummer: It might not be moderate. I would want to see a document that says
that none of these units would sell for more than $50,000.
Vice Mayor Dawkins: None of the units purchased with this money.
Commissioner Plummer: That's right.
Mr. Bailey: That are rehab or used.
Vice Mayor Dawkins: Yes, sir.
Mr. Bailey: Because new housing has to sell for about $69,000 or $70,000.
Vice Mayor Dawkins: OK. You said rehab. You said rehabbing. These are rehab.
Mr. Bailey: We're doing rehab, so it should be no more than $50,000.
Vice Mayor Dawkins: OK.
Mayor Clark: All right.
Vice Mayor Dawkins: That's all.
Commissioner Plummer: That's fine.
Mr. Bailey: And depending on the size.
137 March 24, 1994
Commissioner Plummer: That's fine.
Mayor Clark: That's the limit now.
Commissioner Plummer: Yeah.
Mayor Clark: $50,000.
Commissioner Plummer: Mr. Mayor, I would move it, subject to them surrendering a document
binding them to that number.
Mayor Clark: All right. Is there a second?
Commissioner Gort: Second. Some discussion, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Now, J.L., my understanding is the difference between this and the other
plans that we had in front of us was that the other plans were new buildings, and they had a...
more or less, they had a construction cost that would determine them. This, my understanding is
going to be rehab. They're going to purchase what the neighborhood wants, my understanding
from what they explained to me. They want to get existing houses and fix them up, in order to
increase and fix the neighborhood. I agree with you, there should be a limit to it. But we're
talking about two bedrooms, so you might have three bedrooms and four bedrooms. I think what
we would like to see is in each one of the categories, put a maximum, and don't go beyond that.
And that's very simple. All you have to do is, you calculate how much you're going to pay for
the property, how much you're going to spend in rehab, and then if it goes beyond that, you go
for another property. There's plenty of property out there.
Commissioner Plummer: I have no problem, Willy, with that...
Commissioner Gort: OK.
Commissioner Plummer: ... except that I have to have something that says it will not exceed. I
know a three -bedroom costs more than a two -bedroom.
Commissioner Gort: Two, three, four. OK?
Mr. Harder: OK. I can, for you, prepare a document that says our limits for a two -bedroom, for
a three -bedroom, and for a four -bedroom will not exceed these amounts when we resell them.
Commissioner Plummer: Well, but now you're asking me to vote on it now, and I need to know
what those amounts are.
Mr. Bailey: Well, the maximum will be $50,000. Take the four, the four -bedroom, for a
maximum size. We believe that you can sell a used house in that neighborhood, in that location,
for $50,000.
Commissioner Plummer: That's fine. Then I need a document saying that they will not exceed
50.
Mr. Bailey: So we got a $50,000 ceiling.
Commissioner Plummer: That's fine, sir.
138 March 24, 1994
r1
Vice Mayor Dawkins: I don't... I mean, two bedrooms, three bedrooms, I believe you could do
that. Two bedrooms, two bath, I don't believe you can do it for $50,000, Mr. Bailey. I mean,
I'm just... That's just my personal opinion.
Mr. Bailey: Well, in that neighborhood, Commissioner, there are some houses you can buy,
depending on the condition of them, and the size, you can get them for $25,000, $30,000.
Vice Mayor Dawkins: Until they find out the City of Miami is going to rehab them, Mr. Bailey.
Mr. Bailey: Well, not necessarily.
Commissioner Plummer: Yeah, but the market's also going to be factor.
Mr. Bailey: You see, in this business, you make your deal when you buy. You don't buy a bad
deal, and you understand what your limitations are...
Vice Mayor Dawkins: That's all I ask.
Mr. Bailey: ... and what you can do with what you have, and that's the only goal that you work
for. You just don't buy any house.
Vice Mayor Dawkins: That's all.
Mayor Clark: All right. With that stipulation, cast a unanimous...
Commissioner Plummer: Agreed, Mr. Mayor.
Mayor Clark: ... a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-188
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE LITTLE HAITI HOUSING ASSOCIATION ("GRANTEE'), A NOT -FOR -
PROFIT CORPORATION, TO PROVIDE A GRANT IN THE AMOUNT OF
$358,885 FOR GRANTEE TO ACQUIRE, RENOVATE AND DEVELOP LOW
TO MODERATE INCOME SCATTERED SITE HOUSING IN THE LITTLE
HAITI NEIGHBORHOOD; SAID GRANT SUBJECT TO GRANTEE
PROVIDING THE CITY COMMISSION WITH A BINDING DOCUMENT
STATING THAT THE SELLING PRICE OF THE REHABILITATED HOUSING
WILL NOT EXCEED $50,000 EACH; ALLOCATING FUNDS THEREFOR
FROM UNEXPENDED PREVIOUSLY ALLOCATED TENTH (LOTH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
139 March 24, 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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
31. SUBMIT GRANT APPLICATION TO U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) REQUESTING $2,000,000 FOR SPECIAL
PURPOSE GRANT FOR RELOCATION OF THE CAMILLUS HOUSE SHELTER
AND MEDICAL CLINIC -- EXECUTE NECESSARY IMPLEMENTING
AGREEMENTS.
Mayor Clark: Item 24.
Mr. Cesar Odio (City Manager): Mr. Mayor, what we're trying to do on this item is to actually
ask HUD (Housing and Urban Development) to let us administer any of those funds. In other
words, Camillus House was trying to apply directly to HUD to obtain the $2,000,000 to
rehabilitate their shelter. We want to administer those funds and determine what that money can
be used for. This what we're trying to do on item 24.
Commissioner Plummer: Well, I'll move it under those circumstances as long as you assure me
that if any one penny of that money is spent, this Commission has to approve it.
Mr. Odio: It has to, it has to.
Commissioner Plummer: OK.
Mr. Odio: It has to be done that way.
Commissioner Plummer: And none of it will directly go to Camillus House.
Mr. Odio: No monies will be disbursed without coming to the Commission.
Commissioner Plummer: I'll move it, Mr. Mayor.
Mayor Clark: All right. You move it?
Commissioner Plummer: I move it.
140 March 24, 1994
Commissioner Gort: Second.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-189
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT OF
$2,000,000 FOR THE SPECIAL PURPOSE GRANT FOR RELOCATION OF THE
CAMILLUS HOUSE SHELTER AND MEDICAL CLINIC; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID GRANT
BY HUD, TO ACCEPT THE SAME AND EXECUTE THE NECESSARY
IMPLEMENTING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AND SUBJECT TO APPLICABLE CITY CODE PROVISIONS.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
32. ACCEPT BIDS: (1) FROM SOUTH FLORIDA MAINTENANCE -- FOR
FURNISHING OF EVENTS MAINTENANCE SERVICE TO ORANGE BOWL
STADIUM, AND (2) FROM THOMAS MAINTENANCE SERVICES -- FOR
FURNISHING OF EVENTS MAINTENANCE SERVICE TO BOBBY MADURO
STADIUM -- FOR DEPARTMENT OF CONFERENCES, CONVENTIONS & PUBLIC
FACILITIES -- OPTION TO EXTEND CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-five.
Commissioner Plummer: Max Cruz, we ought to buy him a broom. I'll move item 25. We have
no choice.
Vice Mayor Dawkins: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
141 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-190
A RESOLUTION ACCEPTING THE BIDS OF SOUTH FLORIDA
MAINTENANCE SERVICE FOR THE FURNISHING OF EVENTS
MAINTENANCE SERVICE TO THE ORANGE BOWL STADIUM AT A
PROPOSED ANNUAL COST OF $150,000.00, AND THOMAS MAINTENANCE
SERVICE FOR THE FURNISHING OF EVENTS MAINTENANCE SERVICE TO
THE BOBBY MADURO STADIUM AT A PROPOSED ANNUAL COST OF
$3,000.00, FOR A TOTAL PROPOSED ANNUAL COST OF $153,000.00, ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NOS. 350503-340 ($150,000.00) AND 350502-340 ($3,000.00); AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO
EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
142 March 24, 1994
i
-------------------------------------------------------------------------------------------------------------------
33. APPROVE, IN PRINCIPLE, DESIGNATION OF CHRISTIAN COMMUNITY
SERVICE AGENCY AND NEW HOPE-OVERTOWN AS SPONSORS TO
UNDERTAKE DEVELOPMENT OF A 120-UNIT MULTIGENERATIONAL
HOUSING PROJECT, AFFORDABLE TO ELDERLY INDIVIDUALS / FAMILIES
OF LOW / MODERATE INCOME -- ON CITY -OWNED LAND AT N.W. 6 AND S
STREETS BETWEEN N.W. 5 AND 6 AVENUES IN OVERTOWN, WITH
PROVISOS.
----------------------- -------------------------------------------------------------------------------------------
Mayor Clark: Item 26,
Commissioner Plummer: The only thing I have here, Mr. Mayor, is that whatever we do in this
area, any failure, the reverter clause would revert back to the City of Miami. Other than that, I'll
move item 26.
Commissioner Gort: Second.
Mayor Clark: Is there a reverter clause in there, it goes back to the City?
Mr. Jeff Hepburn: At this point, we're not transferring anything. All we're doing is giving them
the power to go out and secure financing to build the the project.
Commissioner Plummer: But if they have purchased property with the money that we're using,
then I think that the City should have a reverter clause, if the thing fails.
Mr. Hepburn: Commissioner Plummer, what will happen is once they secure all the financing,
the drawings are done...
Commissioner Gort: They got to come back to us.
Mr. Hepburn: ... we'll come back to transfer the site, and we'll it at that point.
Commissioner Plummer: That will be fine.
Commissioner Gort: OK.
Commissioner Plummer: I'll get it at that time.
Vice Mayor Dawkins: Yeah, but also, I think Reverend White should know that that's the way
this Commission is going, so that he would know what he has to deal with. He should not leave
here not understanding that whatever you decide to do, and it fails, the land reverts back to the
City of Miami. I mean, because as he negotiates, he needs to know whether, if that's a fact or
not. So let's tell him now what is what, Mr. Manager.
Mr. Cesar Odin (City Manager): Yes, sir.
Vice Mayor Dawkins: OK.
Mr. Odio: All right.
143 March 24, 1994
Mayor Clark: Motion and a second?
Commissioner Plummer: Yes, sir.
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
Reverend John White: Thank you, sir.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-191
A RESOLUTION APPROVING, IN PRINCIPLE, THE DESIGNATION OF
CHRISTIAN COMMUNITY SERVICE AGENCY (CCSA) AND NEW HOPE-
OVERTOWN, NOT -FOR -PROFIT CORPORATIONS, AS SPONSOR TO
UNDERTAKE THE DEVELOPMENT OF A 120-UNIT MULTIGENERATIONAL
HOUSING PROJECT, AFFORDABLE TO ELDERLY INDIVIDUALS AND
FAMILIES OF LOW AND MODERATE INCOME, ON SEVERAL PARCELS OF
CITY -OWNED LAND LOCATED AT NORTHWEST 6TH AND 8TH STREETS
BETWEEN NORTHWEST 5TH AND 6TH AVENUES IN THE OVERTOWN
NEIGHBORHOOD, MIAMI, FLORIDA, SUBJECT TO SAID CORPORATIONS
PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM
COMMITMENT FOR PROJECT CONSTRUCTION AND PERMANENT
FINANCING, AS HEREIN SPECIFIED, TO BE SUBMITTED WITHIN TWELVE
(12) MONTHS FROM THE DATE OF THIS ACTION FOR FINAL
CONSIDERATION AND APPROVAL BY THE CITY COMMISSION; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A FAIR RETURN TO
THE CITY FOR THE VALUE OF SAID PARCELS WITH CHRISTIAN
COMMUNITY SERVICE AGENCY AND NEW HOPE-OVERTOWN.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ABSENT: Commissioner Victor De Yurre
144 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
34. APPROVE DISPOSITION / CONVEYANCE OF AN 8-UNIT CITY -OWNED
MULTIFAMILY APARTMENT BUILDING AT 240 N.W. 11 STREET (IN
OVERTOWN) TO ST. AGNES RAINBOW VILLAGE DEVELOPMENT
CORPORATION, INC. TO PROVIDE HOUSING AFFORDABLE TO LOW /
MODERATE INCOME FAMILIES IN OVERTOWN -- AUTHORIZE CITY
MANAGER TO CONVEY / DISPOSE OF SUBJECT BUILDING -- AUTHORIZE
CITY ATTORNEY TO CONVEY SUBJECT PROPERTY AFTER ABSTRACT OF
TITLE HAS BEEN BROUGHT CURRENT.
Mayor Clark: Item 27.
Commissioner Plummer: On 27, Mr. Manager, why are we giving this thing away?
Vice Mayor Dawkins: Hold it.
Mr. Herb Bailey: Basically...
Commissioner Plummer: Why are we giving an eight -unit apartment house away?
Commissioner Gort: Paying taxes.
Mr. Bailey: Commissioner Plummer, about two, three years ago, Father Barry from St. Agnes - I
happened to bump into him in the post office - and he was saying that, you know, we would like
to become involved in seeing what we can do in the inner City and Overtown, and how can we
get a property that we can manage as a demonstration to give to low income people. Do you
have a property? Well, we've had a lot of problems with this particular building. I mean, it's
cost us more than what it's worth.
Commissioner Plummer: Well, give it to them, let them do their project and let them do their
thing...
Mr. Bailey: That's what we're doing here.
Commissioner Plummer: ... but don't convey the deed to them.
Mr. Bailey: Oh, no, you got to give them that, because they have to get financing to do the
rehab. The property is in pretty bad shape.
Commissioner Plummer: Are we going to get a reverter on this?
Mr. Bailey: No.
Commissioner Plummer: Why not?
Mr. Bailey: Because we do give properties to nonprofits for housing purposes, that's according
to the Charter.
Commissioner Plummer: Our cupboard is start...
Mr. Bailey: We give land away, we give houses away to those...
145 March 24, 1994
Commissioner Plummer: Our cupboard is starting to run bare.
Mr. Bailey: Well, on this one, we're just going to be real bare. It costs us more to keep this
house than it would be if we would give it to him. And HUD is...
Commissioner Plummer: Is this going to be on the tax rolls or off the tax rolls?
Mr. Bailey: It will be on the tax rolls if he uses it. It's off the tax rolls now. This property...
We want to do this, because this is a demonstration to get the community involved in doing
something that they think they can probably do as good or better than we can, and we invite their
participation.
Commissioner Plummer: Yeah, but you see, my problem, Herb, is very simple. Once you do for
one, then all the rest are going to expect the same.
Mr. Bailey: We do it all the time, Commissioner.
Commissioner Plummer: Sir, the City is starting to hurt, and you and others around here better
start understanding that dollars are getting scarce.
Vice Mayor Dawkins: Mr. Mayor.
Mr. Bailey: Commissioner, we do not lose any money on any property deal that we do.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: All right, Mr. Dawkins.
Vice Mayor Dawkins: Anybody in the City of Miami desirous of taking a piece of property in
the condition that this property is in, and bring it up to code, and put it on the tax records, I'm
prepared to vote to let them have it.
Commissioner Plummer: OK. If that's the case, then it's a demonstration project.
Commissioner Gort: Sure.
Commissioner Plummer: But, Miller, my problem is, is that, you know, we...
Vice Mayor Dawkins: And eventually, we're going to run out of land. I understand that, J.L.
Commissioner Plummer: We're constantly giving this City away.
Vice Mayor Dawkins: Yes, we are.
Mayor Clark: This is a demonstration project.
Commissioner Plummer: OK. I'll go along with it.
Mr. Bailey: Yes, for Saint Agnes. They're the only church in Overtown that is not involved in
our housing program, and they want something to get started with. It's cheaper than giving them
a grant.
Mayor Clark: We got a motion and a second. It's been moved and seconded.
146 March 24, 1994
Commissioner Plummer: OK.
Mayor Clark: Madam Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-192
A RESOLUTION RELATING TO THE DISPOSITION AND CONVEYANCE OF
AN EIGHT (8) UNIT CITY -OWNED MULTIFAMILY APARTMENT BUILDING
LOCATED AT 240 NORTHWEST 11TH STREET, MIAMI, FLORIDA, IN THE
OVERTOWN NEIGHBORHOOD, TO ST. AGNES RAINBOW VILLAGE
DEVELOPMENT CORPORATION, INC., A NOT -FOR -PROFIT
CORPORATION, FOR THE PURPOSE OF PROVIDING HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN THE
OVERTOWN NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO
CONVEY AND DISPOSE OF THE SUBJECT CITY -OWNED MULTIFAMILY
BUILDING AT NO COST; FURTHER AUTHORIZING THE CITY ATTORNEY
TO PROCEED IN CONVEYING THE SUBJECT PROPERTY AFTER THE
ABSTRACT OF TITLE HAS BEEN BROUGHT CURRENT.
(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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
147 March 24, 1994
NOTE FOR THE RECORD: Commissioner De Yurre entered the
meeting at 2:50 p.m.
-------------------------------------------------------------------------------------------------------------------
35. EXECUTE LOAN AGREEMENT, MORTGAGE / SECURITY AGREEMENT, AND
PROMISSORY NOTE WITH THE CITADEL ARENA CORPORATION, INC., FOR A
$2.5 MILLION LOAN UNDER U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 108 PROGRAM, AND AN AGREEMENT WITH
CITADEL AND BANK OF TOKYO, LTD., TO FINANCE DEVELOPMENT OF
RESTAURANTS / SPORTS BAR COMPLEX IN SOUTHEAST OVERTOWN / PARK
WEST REDEVELOPMENT DISTRICT AT N.W. 5 STREET AND N.W. 1 ST
AVENUE.
Mayor Clark: Item number 28.
Commissioner Plummer: On item 30, Mr. Manager.
Mayor Clark: Twenty-eight.
Vice Mayor Dawkins: Twenty-eight.
Commissioner Plummer: I'm sorry, what did I miss here?
Commissioner Gort: You're going too fast.
Commissioner Plummer: OK.
Vice Mayor Dawkins: Move it, finally.
Mayor Clark: Is there a second?
Commissioner Plummer: Mr. Bailey.
Mr. Herb Bailey: Yes, sir.
Commissioner Plummer: I'll second it for discussion.
Mayor Clark: All right.
Commissioner Plummer: Because I think I'm voting against it, but let me find out. Why are we
in the business of loaning money?
Mr. Bailey: Well, we're...
Commissioner Plummer: Why wouldn't they go to a bank, like any other company, or any other
business, and get a loan from a bank?
i
j Vice Mayor Dawkins: Because, Mr. Plummer...
148 March 24, 1994
Commissioner Plummer: OK.
Vice Mayor Dawkins: ... HUD (Housing and Urban Development) has established what they
call 208 funds, and these funds are to encourage individuals to invest and go into distressed areas
that nobody else would go into. We've been giving float loans up here ever since we have been
here, and all of a sudden, now that a gentleman wants to put something around the arena, this
float loan is not available.
Commissioner Plummer: Well, Miller, you know, I'm sure that when HUD made these
provisions, and I understand their idea of trying to encourage businesses, but are they really
trying to encourage - even though this gentleman has told me to the contrary - as my thing says
here, it's a bar complex, restaurant/sports bar complex.
Mr. Bailey: That's not correct, Commissioner. Let me tell you...
Commissioner Plummer: Well, excuse me. The English language is very clear.
Mr. Bailey: You have a package there, and it's in the package very clearly.
Commissioner Plummer: Sir, may I read from my agenda? That's what my agenda says.
Mayor Clark: It says, "a sports bar complex."
Commissioner Plummer: OK? Very clear.
Mr. Bailey: Well, a sports bar complex, yes. And the...
Commissioner Plummer: And I cannot believe that HUD is encouraging more bars.
Mr. Bailey: You're emphasizing the word "bar." It says...
Commissioner Plummer: Yes, sir, I sure as hell am.
Mr. Bailey: Well, may we tell you what the operation is?
Commissioner Plummer: OK. Tell me how you're going to restrict the alcohol, and then I
might vote with you.
Vice Mayor Dawkins: Hold it, hold it, hold it.
Mayor Clark: Please.
Vice Mayor Dawkins: You know, this has been before us, and every time this gentleman comes
up here to try to spend his money, we put all kind of obstacles in his way. You know, people
come to the City of Miami to invest their money to try to help us make things move, and certain
people walk up here, and we don't ask them no questions. Other individuals come up here, and
we want them to jump through the hoop.
Mayor Clark: Give me a motion.
Vice Mayor Dawkins: Yes, sir. I move that we... I move it.
Mayor Clark: Is there a second?
149 March 24, 1994
Commissioner De Yurre: Second.
Mayor Clark: Cast a unanimous ballot, with no...
Commissioner Gort: No, no.
Commissioner Plummer: No, sir. No, sir.
Mayor Clark: All right.
Commissioner Plummer: Not unanimous.
Mayor Clark: Call the roll.
Commissioner Gort: No, wait I have a question under discussion.
Mayor Clark: All right.
Commissioner Gort: How much are the investors putting in? That was the question that was
here last time.
Mr. Bailey: The investors putting in?
Commissioner Gort: Yes, sir.
Mr. Bailey: We have the land, which is appraised at $1.2 million. Soft cost is about $1,000,000.
The building which we're financing is two and a half million. The total is about $3.8 million,
roughly $4,000,000 when it's finished.
Commissioner Gort: They're providing 50 percent of the investment.
Mr. Bailey: How's that?
Commissioner Gort: They're providing 50 percent of the investment.
Mr. Bailey: Yes.
Commissioner Plummer: What percentage is the loan?
Mr. Bailey: Two point five is 50 percent.
Commissioner Plummer: Two point -five.
Mr. Bailey: It's a mortgage. It's not a loan. And I want to answer your first question,
Commissioner, if you want me to.
Vice Mayor Dawkins: No, I don't want you to.
Mr. Bailey: OK.
Vice Mayor Dawkins: I want to pass this and get out of here, if you'd let us, please.
Mr. Bailey: All right.
150 March 24, 1994
Vice Mayor Dawkins: Thank you.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO. 94-193
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LOAN AGREEMENT, MORTGAGE/SECURITY
AGREEMENT, AND PROMISSORY NOTE, IN SUBSTANTIALLY THE
ATTACHED FORMS, WITH THE CITADEL ARENA CORPORATION, INC.
("CITADEL"), FOR A $2.5 MILLION LOAN UNDER THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108
PROGRAM, AND AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH CITADEL AND THE BANK OF TOKYO, LTD., FOR THE
PURPOSE OF FINANCING THE DEVELOPMENT OF A
RESTAURANT/SPORTS BAR COMPLEX, IN THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT DISTRICT, AT
APPROXIMATELY NORTHWEST 5TH STREET AND NORTHWEST 1ST
AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, 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
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
151 March 24, 1994
,`A
-------------------------------------------------------------------------------------------------------------------
36. APPROVE / AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO
EXPEND $210,000 FROM 18TH AND 19TH YEAR CDBG ALLOCATION FOR
FLAGLER / CORE AREA ENHANCEMENT PROJECTS (EXPENDITURES TO BE
'MONITORED BY ADMINISTRATION).
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 29.
Commissioner Plummer: Mr. Manager, 29, 1 thought we had already allocated $60,000 out of
that, so it's actually this one should be $210,000. So that's... The previous motion was for 60.
And the only proviso that I would put on this is this is to be monitored by the Administration.
Mayor Clark: Mr. Plummer, did you ask this to be deferred?
Mr. Cesar Odio (City Manager): No, no. You advanced them $54,000. We advanced them 54.
Now, when you allocate this...
Commissioner Plummer: That comes out the 270.
Mr. Odio: When you allocate the 270, I'll take my 54 back from that.
Commissioner Plummer: Oh, OK. The only provision I put on it is that it will be monitored by
the Administration.
Mr. Odio: No, no, we'll take my money back. Don't worry about it.
Commissioner Plummer: No, no, no. The total amount of money will be administered...
Mr. Odio: Yes.
Commissioner Plummer: ... and monitored by the...
Mayor Clark: Give me a motion.
Commissioner Plummer: Of that, I'll move it, Mr. Mayor.
Vice Mayor Dawkins: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
152 March 24, 1994
0
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-194
A RESOLUTION, WITH ATTACHMENT, APPROVING AND AUTHORIZING
THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF
MIAMI, FLORIDA, TO EXPEND FUNDS IN THE AMOUNT OF TWO
HUNDRED AND TEN THOUSAND DOLLARS ($210,000) FROM THE
EIGHTEENTH AND NINETEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") ALLOCATION FOR FLAGLER CORE AREA
ENHANCEMENT PROJECTS, AS DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO.
(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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
37. RATIFY SELECTION OF WACKENHUT CORPORATION FOR PROVISION OF
ARMED PRIVATE SECURITY SERVICES FOR FLAGLER / CORE AREA
ENHANCEMENT PROJECTS -- EXECUTE AGREEMENT.
Mayor Clark: Item 30.
Commissioner Plummer: My question, here, is, does this include the portion that was requested
for Bayfront Park, or is this solely just the DDA (Downtown Development Authority)?
Mr. Cesar Odio (City Manager): I believe that's only DDA.
153 March 24, 1994
Commissioner Plummer: Joel Maxwell. Is Joel here? Excuse me, is Joel here? I need, on this
item 30...
Mayor Clark: Yes.
Commissioner Plummer: He was going to extend the bid to include the Bayfront Park security.
Joel?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Commissioner Plummer: What happened with this bid from Wackenhut on the downtown area?
Mr. Maxwell: They were the sole bidder.
Commissioner Plummer: No, sir. My question was, do you remember, in reference to the
Bayfront Park, the Intercontinental Hotel wanted to be included?
Mr. Maxwell: I don't know if they participated on... What they can do is piggyback the City's
bid.
Commissioner Plummer: OK.
Mr. Maxwell: But they will not be part of this contract at all.
Commissioner Plummer: All right. What do you recommend? Mr. Mayor, do you understand
what we're trying to do? We're trying to get Wackenhut or a security company to do the
Bayfront Park, the south end, the north end, also...
Mayor Clark: Gotcha.
Commissioner Plummer: ... where the Bayfront Park will pay a portion, Bayside will pay a
portion, and Intercontinental Hotel will pay a portion.
Mr. Maxwell: Don't have a contract.
Mr. Odio: How about if we included Bicentennial on that one?
Mr. Maxwell: We don't have a contract.
Commissioner Plummer: Who's going to pay for it? The City?
Mr. Odio: Who is paying for Bayfront Park?
Commissioner Plummer: Me.
Mr. Odio: Sure.
Mr. Maxwell: What I believe was suggested, relative to Bayside and the park, Commissioner,
was that Bayside would help underwrite security patrol over there.
Commissioner Plummer: No question. All I'm asking is, if you go out with a bid and the bigger
it is, where if you go out with two bids, it's probably going to cost me more for the second.
154 March 24, 1994
4
Mr. Maxwell: Yeah, but see, that's a private enterprise, so they couldn't be part of our bid. But
what they wanted to do, and I think Wackenhut agreed, was to give them the rate that they gave
US.
Commissioner Plummer: OK. Then that's fine.
Mr. Maxwell: So that they would contract separately with Wackenhut.
Commissioner Plummer: OK. And they will provide...
Mayor Clark: Item 30, motion.
Commissioner Plummer: That's a motion, sir, but to make sure that there is the adequate amount
of insurance coverage for liability. Do you represent Wackenhut?
Mr. Rob Schmidt: Yes.
Commissioner Plummer: Would you come to the microphone, sir. Do I have your assurance
that if we extend this contract for the Bayfront Park, Bayside and Bicentennial that you would
give us the same rates?
Mr. Schmidt: Yes, sir.
Commissioner Plummer: Thank you. We'll deal with you later.
Mayor Clark: All right.
Commissioner Plummer: I move it, Mr. Mayor.
! Mayor Clark: Seconded. Cast a unanimous ballot.
155 March 24, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-195
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 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------
38. RATIFY CITY MANAGER'S PURCHASE OF A BULLDOZER FOR DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION & SOLID WASTE FROM NEFF
MACHINERY.
Mayor Clark: Item 31, emergency purchase of a bulldozer.
Mr. Cesar Odio (City Manager): Yes, sir. We had to do this on an emergency basis because of
composting...
Commissioner Plummer: Move it.
156 March 24, 1994
Mr. Odio: The yards were backing up at Virginia Beach.
Mayor Clark: Seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-196
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN PURCHASING A BULLDOZER FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE FROM NEFF MACHINERY AT A TOTAL PROPOSED COST
OF $140,336.00; ALLOCATING FUNDS THEREFOR FROM THE FY '93
RECYCLING AND EDUCATIONAL GRANT FUND, ACCOUNT CODE NO.
421303-840, PROJECT NO. 197005.
(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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
39. ACCEPT BID: VISTA BUILDING MAINTENANCE SERVICE, INC. -- FOR
FURNISHING JANITORIAL SERVICES TO POLICE DEPARTMENT -- FOR
DEPARTMENT OF GSA & SOLID WASTE / PROPERTY MAINTENANCE
DIVISION -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
Mayor Clark: Item 32.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: I'll second it. Mr. Manager, $500 a day is not exorbitant?
Mayor Clark: Janitorial service.
Commissioner Plummer: It's roughly $500 a day.
Vice Mayor Dawkins: Five hundred a week.
157 March 24, 1994
Ms. Judy Carter: Yes. This is competitive with our previous contract.
Commissioner Plummer. Well, that doesn't tell me anything. Is $500 a day to clean the police
station...
Vice Mayor Dawkins: ... adequate.
Ms. Carter: Yes, because we are talking about a 24-hour period, seven days a week service.
This is not five days a week. And they have "X" number of men and women that are needed on
staff there to service the building.
Commissioner Plummer: OK. Would you send me a copy of the bid, please.
Ms. Carter: Sure.
Commissioner Plummer: Thank you. That's a lot of money.
Vice Mayor Dawkins: Well, and also, what is the termination clause?
Ms. Carter: It's one year with the option...
Vice Mayor Dawkins: No, no, no. 30-day termination, 20-day?
Ms.. Carter: Oh, OK, yes. It's normally a 30-day.
Vice Mayor Dawkins: Thirty days?
Ms. Carter: Yes, sir.
Vice Mayor Dawkins: All right. Now, I'm going to be... Now, that police station is in one
terrible fix. Now, at $500 a day, I should not find a speck of dirt no place. I will be going over
there.
Mayor Clark: Check it out.
Vice Mayor Dawkins: When I find it like that, I will go with the Manager, and I will ask the
Manager to cancel the contract.
Mayor Clark: Motion and a second.
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: I've asked you to do that for a long time.
Ms. Carter: Yes.
Mayor Clark: All in favor, signify by saying "aye."
Vice Mayor Dawkins: Aye.
Mayor Clark: Opposed, like sign. So ordered.
158 March 24, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO.94-197
A RESOLUTION ACCEPTING THE BID OF VISTA BUILDING
MAINTENANCE SERVICE, INC. FOR THE FURNISHING OF JANITORIAL
SERVICES TO THE POLICE DEPARTMENT ADMINISTRATION BUILDING
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE/PROPERTY MAINTENANCE DIVISION AT A PROPOSED ANNUAL
COST OF $162,931.92; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE, AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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
NAYS: None.
ABSENT: None.
159 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
40. (A) ACCEPT [OFF-STREET PARKING BOARD'S] RECOMMENDATION
THAT PROPOSAL SUBMITTED BY OLYMPIA BUILDING PARTNERS,
LTD. IS MOST ADVANTAGEOUS ONE FOR REDEVELOPMENT OF
OLYMPIA BUILDING (174 EAST FLAGLER STREET) -- EXECUTE
LEASE AGREEMENT WITH OLYMPIA BUILDING PARTNERS, LTD.
FOR REDEVELOPMENT, INCLUDING PLANNING / DESIGN /
CONSTRUCTION / LEASING AND MANAGEMENT OF A RESIDENTIAL
FACILITY WITH ANCILLARY RETAIL USES AT SAID BUILDING.
(B) DIRECT ADMINISTRATION TO SCHEDULE DISCUSSION
CONCERNING FUTURE OF GUSMAN THEATER FOR NEXT MEETING.
Mayor Clark: Thirty-two.
Vice Mayor Dawkins: Move it, Mr. Mayor.
Commissioner Plummer: Thirty-two. Hold on, 32, well, that, oh that is...
Vice Mayor Dawkins: No, it's 33, Mr. Mayor. We just did 32. 33, sir.
Mayor Clark: OK. 33 is a loan request. This is...
Commissioner Plummer: Mr. Mayor.
Mayor Clark: They call this...
Commissioner Plummer: When Mr. Cook comes up, I want to commend him for doing a job
well done. Now, I'm going to vote against him, and the reason for that, let me tell you why, very
simply. That building is, the Olympia Building is tied to the Gusman Theater. Gusman Theater
has been requiring anywhere from $350,000 to $400,000 of subsidy. Mr. Cook has said to me
that if this deal goes through that he feels it will be down to the neighborhood of $240,000 to
$250,000 subsidy. Well, my feeling is, if they can't eliminate subsidy, and somebody else pick
up the tab for Gusman Hall, which nobody has put forth to do, then in my estimation, let's get rid
of it, let's get it back out on the tax rolls, and let's get the money back into the coffers of the City
of Miami.
Mayor Clark: OK.
Commissioner Plummer: So, Mr. Mayor, I think that Clark has done as good as he can do for
this City in what he has endeavored to do, but unless he can eliminate the subsidy on Gusman
Theater, regardless of how, I have to vote against it, because I'm just telling you, it's another
quarter of a million dollar drain on the coffers of this City, which we can't afford.
Mayor Clark: All right. Mr. Dawkins has the floor.
Vice Mayor Dawkins: Mr. Cook, is there supposed to, once this is completed, is there supposed
to be a profit?
Mr. Clark Cook: Yes, sir.
160 March 24, 1994
Vice Mayor Dawkins: All right. How would the profit be shared?
Mr. Cook: The profit will be shared as the contract clearly shows. Initially, taking over
possession of this property, the Olympia Building, not the theater, now. The developer or the
winning bidder would pay us $300,000.
Vice Mayor Dawkins: Pay "us," who?
Mr. Cook: Pay the City of Miami.
Vice Mayor Dawkins: Pay the City of Miami?
Mr. Cook: Yeah. It had been flowing to the G&O fund (Gusman and Olympia Enterprise
Fund). That's where, you know, to support Gusman.
Vice Mayor Dawkins: All right.
Mr. Cook: But if the City chose not to do that, they obviously can keep the money, can take the
money in other areas. But we would receive $300,000. In the next four years, after that first
year that we got 300 for, we have a guarantee, if it's not taxable of $150,000. If it's taxable,
$125,000 a year guaranteed or 32 percent of gross, whichever is higher, or if it's taxable, 25
percent of gross, whichever is higher.
Vice Mayor Dawkins: What will Off -Street Parking get out of this?
Mr. Cook: Not one dime, except perhaps a little less gray hair.
Vice Mayor Dawkins: What is Off -Street Parking going to put into it? Not one dime.
i
Mr. Cook: No, we put a lot of sweat and blood into it. We put a lot of sweat and blood.
Vice Mayor Dawkins: Well, see, sweat and blood does not buy bricks and mortar.
Mr. Cook: True. True.
Vice Mayor Dawkins: See, I'm telling you I feel, Mr. Cook, you've done a tremendous job, but
j we told you to find a way for Off -Street Parking to eliminate the problem. See, we could have
very easily allowed ourselves to put up money and go out and do what you got me paying to do.
So until... I'm like J.L. Until you eliminate the subsidy, I mean, we aren't accomplishing
anything.
Mr. Cook: Well, Commissioner, let me say just one quick thing. And I understand both your
and Commissioner Plummer's concern. And actually, what will occur, if we do this - and this is
not about Gusman as much as it is about putting people in downtown Miami. This facility will
be a catalyst to bring people to downtown Miami, living in Downtown Miami, because it's an
affordable housing project. Yes, I'd love to see the money flow over to the Gusman deficit and
reduce the Gusman deficit. Actually, the deficit, Commissioner Plummer, should be $150,000 to
$200,000, because the first year, we'd get $300,000, which pretty well should drop the deficit
down around $50,000. The second year, if we got $150,000 or $200,000, depending on how
successful it was, it would bring it down somewhere between a hundred and... I realize it
wouldn't eliminate it, but if you do this project, it doesn't mean that you can't close Gusman
next week, if this Commission chooses to do so. Y'all have every right to do that.
Vice Mayor Dawkins: Mr. Manager.
161 March 24, 1994
Mr. Cook: But this project is important to downtown.
Vice Mayor Dawkins: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: Did the City of Miami give this project all of the parking variances that it
needs, or how are you going to address the problem that if you create affordable housing there,
that there is no parking available any place? How will that be addressed?
Mr. Odio: Commissioner, there's no parking requirements in downtown.
Vice Mayor Dawkins: Beg your pardon?
Mr. Odio: There's no parking requirement.
Vice Mayor Dawkins: There's no parking required. That still doesn't alter the fact that if a
person moved there, he'd need some place to park. Now, you can say what's required.
Mr. Odio: They will be used... We have our own City -owned parking garages in walking
distance, which would benefit us. The one big benefit we have with this project, and I cannot
encourage you more to vote for it is that you're going to have people living in downtown for the
first time.
Vice Mayor Dawkins: What assures you of that?
Mr. Odio: And the businesses are hurting.
Vice Mayor Dawkins: Will they work for the City of Miami?
Mr. Odio: Will the people living there...
Vice Mayor Dawkins: Will they be City of Miami employees? I'm trying to get people who
work for the City to live in the City.
Mr. Odio: Well, if we can encourage some people that work in the City to move there, why not?
But I think we need to encourage this to happen.
Mayor Clark: Mr. Gort, you have the floor.
Commissioner Gort: Mr. Mayor, I have two questions. One of them is, I think the deficit would
be brought down quite a bit. We've... As I was the chairperson of the Off -Street Parking, this is
one of the biggest problems that we had, what do we do with this building? The City of Miami
at one time used to have an office in there. We moved out of there and we're paying rent to
some other place. My two questions are the following: Number one, if this contract is to be
awarded, do we give the... This will be, the building will be coming into the tax roll?
Mr. Cook: Commissioner, that's a decision made by another committee, I think at the County
level, and we priced it both ways.
Commissioner Plummer: No, no, State.
Mr. Cook: The State, yes, I messed up.
162 March 24, 1994
Mr. Odio: In my mind, Clark, and we haven't talked about this, it should go on the tax roll.
Commissioner Plummer: It's got to.
Mr. Cook: We have priced it both ways, because my understanding was...
Commissioner Gort: Are you saying if it goes on the tax roll, we'll get a 25 percent return?
Mr. Cook: That's correct.
Commissioner Gort: Or a minimum of $150,000, whatever is maximum.
Mr. Cook: A minimum of $125,000 the first year.
Commissioner Gort: The parking that they... One of the things that we tried to do with the
downtown people who were downtown on the Metro is try to get people to ride on the public
ridership. I definitely think there's a certain move that is being made to try to bring people into
downtown Miami. I think this would be one of the ways we can accomplish it, and we can get
this in the tax roll, and we need it. We really need this in the City of Miami downtown area.
Mayor Clark: What's the pleasure?
Commissioner De Yurre: I move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: Well, excuse me. That's... Now, you're only addressing the building,
not the theater?
Mr. Cook: That's correct, sir.
Mr. Odio: The theater is separate from this.
Commissioner Plummer: OK.
Mayor Clark: I can tell the public right now that every item that comes before this Commission
is thoroughly massaged. If you don't believe it, just watch what's going on. Call the roll.
163 March 24, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-198
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE
RECOMMENDATION OF THE OFF-STREET PARKING BOARD THAT THE
PROPOSAL SUBMITTED BY OLYMPIA BUILDING PARTNERS, LTD., A
FLORIDA LIMITED PARTNERSHIP, IS THE MOST ADVANTAGEOUS
PROPOSAL FOR THE REDEVELOPMENT OF THE OLYMPIA BUILDING,
LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERS,
LTD., FOR THE REDEVELOPMENT, INCLUDING THE PLANNING AND
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT, OF A
RESIDENTIAL FACILITY WITH ANCILLARY RETAIL USES AT SAID
BUILDING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: All you have to do is look at the agenda.
Commissioner De Yurre: Aside from the Sunshine Law, it's thoroughly massaged. I say yes.
Mayor Clark: Item 34.
Mr. Cook: Could I ask one question?
Mayor Clark: Listen, you better leave while you're ahead.
Mr. Cook: Yes, sir. I got the point.
Commissioner Plummer: What are we going to do, Mr. Mayor, if anything, about the theater?
L Vice Mayor Dawkins: We'll get to that in the next meeting.
Commissioner Plummer: All right. Will you schedule that for the agenda, Mr. Manager?
164 March 24, 1994
i
Mr. Odio: I have been recommending, seriously, to turn it over to the Performing Arts Center
Trust.
Vice Mayor Dawkins: We got enough items on the agenda, Mr. Manager, for you not to go
through nothing extra with Mr. Plummer.
Commissioner Plummer: Put it on the next agenda.
-------------------------------------------------------------------------------------------------------------------
41. ACCEPT BID: PROFESSIONAL WELDING -- FOR FURNISHING /
INSTALLATION OF CHAIN LINK FENCING AT TOWN PARK -- FOR PARKS &
RECREATION DEPARTMENT.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 34.
Ms. Judy Clark: Bids were opened on yesterday. The lowest responsive and responsible bidder
is Professional Welding, a Hispanic local vendor. The account code is as stated, as well as an
additional funding coming from the following account.
Mr. Alberto Ruder: The amount is $14,500. That's the total amount of the bid. And the funding
sources are Community Development Block Grant, Capital Improvement Project Number 31363,
Account Code Number 589301-860. And then the second funding source is Community
Development Project Number 705611, Account Number 451882-270.
Commissioner Gort: Mr. Mayor, may I ask you a question?
Mayor Clark: Yes, sir.
Commissioner Gort: Who's the principal in this... We don't have that in our package, right?
You just got that yesterday.
Ms. Carter: Yes, I have it with me. Henry Quintero.
Commissioner Gort: How many responses did we get?
Ms. Carter: We received eight bids.
Commissioner Gort: Eight? OK. Thank you.
Ms. Clark: A very, very competitive bid.
Commissioner Gort: Thank you.
Mayor Clark: All right. We got a motion and a second.
Vice Mayor Dawkins: It's moved and second, under discussion. What are you going to do with
the extra $11,000? You budgeted $25,000. The bid came in at $14,000. What are you going to
do with the extra $11,000?
Mr. Ruder: We'll go back to the community, because there's several improvements that they
want in that particular park.
165 March 24, 1994
Vice Mayor Dawkins: OK. Thank you, sir.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-199
A RESOLUTION ACCEPTING THE BID OF PROFESSIONAL WELDING FOR
THE FURNISHING AND INSTALLATION OF GALVANIZED STEEL
FENCING AT TOWN PARK AT A PROPOSED COST OF $14,500.00 FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT,
CAPITAL IMPROVEMENT PROJECT NO. 331363, ACCOUNT CODE NO.
589301-860 AND COMMUNITY DEVELOPMENT PROJECT NO. 705611,
ACCOUNT CODE NO. 451882-270; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
42. RATIFY CITY MANAGER'S WAIVING OF COMPETITIVE SEALED BID
PROCEDURES AND IN AWARDING THE INFORMAL BID TO FURNISH /
INSTALL PLAYGROUND EQUIPMENT AT HADLEY PARK TO LEADEX
CORPORATION (CIP 331311 - HADLEY PARK IMPROVEMENTS).
Mayor Clark: Item number 35.
Mr. Cesar Odio (City Manager): I'd like to... This is on an emergency basis. We had to install
playground equipment at Hadley Park. The equipment that was there was unsafe for the kids to
play, and I had them installed right away. I want to remind Commissioner Dawkins that he said
this morning we never find a black company as sole source. There is one.
Mayor Clark: I'd like to take this...
166 March 24, 1994
Vice Mayor Dawkins: Well, I tell you what, it wasn't a black firm that installed it.
Commissioner Plummer: Here, it says "Hispanic local vendor."
Mr. Odio: Well, but you know how...
Vice Mayor Dawkins: OK then. All right.
Mr. Odio: You know what we did there.
Mayor Clark: OK. Go right ahead. I'd like to table this item. Motion by Mr. Dawkins, second,
no objections. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO. 94-200
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF
THE CITY COMMISSION, RATIFYING THE CITY MANAGER'S FINDING
THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE AWARD OF THE
INFORMAL BID TO FURNISH AND INSTALL PLAYGROUND EQUIPMENT
AT HADLEY PARK TO LEADEX CORPORATION, THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $58,740;
SAID ACTIONS OF THE CITY MANAGER WERE PURSUANT TO CITY
COMMISSION MOTION NO. 93-528, ADOPTED SEPTEMBER 7, 1993;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 331311, ENTITLED "HADLEY PARK
IMPROVEMENTS," ACCOUNT CODE NO. 589301-830.
(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
NAYS: None.
ABSENT: None.
167 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
43. APPLY FOR / ACCEPT AN FY 1995 GRANT (UP TO $120,000) -- FOR
TRANSPORTATION PLANNING / COORDINATION IN CITY OF MIAMI -- FROM
THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI
URBANIZED AREA -- CITY TO MATCH GRANT UP TO $30,000 FROM GENERAL
FUND.
Mayor Clark: Item 36, that's the MPO (Metropolitan Planning Organization) grant.
Commissioner Plummer: Mr. Manager, you also have money from DDA (Downtown
Development Authority), which we were going to forward to you to do one master plan. So I
would move 36 with that money coming over from DDA.
Vice Mayor Dawkins: Second.
Mayor Clark: With no objection, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-201
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND
ACCEPT A FISCAL YEAR 1995 GRANT IN AN AMOUNT OF UP TO $120,000
FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE MIAMI
URBANIZED AREA; SAID GRANT TO BE UTILIZED FOR THE PURPOSES
OF TRANSPORTATION PLANNING AND COORDINATION IN THE CITY OF
MIAMI, AND TO BE MATCHED BY CITY FUNDS IN THE AMOUNT OF UP
TO $30,000 TO BE ALLOCATED FROM THE GENERAL FUND;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID GRANT APPLICATION AND ACCEPTANCE.
(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
NAYS: None.
ABSENT: None.
Mayor Clark: Thirty-seven has been withdrawn.
168 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
44. ACCEPT BID: DESIGN AWNING AND STRUCTURES, INC. -- FOR PROJECT:
BAYFRONT PARK AMPHITHEATER - CANOPY REPLACEMENT, H-1069.
Mayor Clark: Thiry-eight.
Vice Mayor Dawkins: Withdrawn.
Mayor Clark: Thirty-eight? Not 38.
Mr. Wally Lee: No, not 38.
Vice Mayor Dawkins: That's J.L. Plummer's.
Mayor Clark: Yeah, table this item.
Vice Mayor Dawkins: Table this. No, we don't want to hear this.
Commissioner Plummer: That's all right with me. You ain't hurting my feelings.
Mr. Cesar Odio (City Manager): I don't want to hear it. You're right.
Commissioner Plummer: How much is it? How much?
Mr. Lee: The bid was $169,224.
Mayor Clark: And the estimate was $250,000?
Mr. Lee: Yes, sir.
Commissioner Plummer: And, Mr. Mayor, just for your edification, this is FEMA (Federal
Emergency Management Agency) money that is paying for this.
Mr. Lee: Insurance, Commissioner, yeah.
Commissioner Plummer: OK.
Mr. Lee: There were eight bidders, and, yes, Mr. Mayor, it was an extremely low bid. We
contacted the bidder. He feels comfortable. He asked to supply us with a performance bond.
Commissioner Plummer: OK.
Mr. Lee: So we recommend that.
Commissioner Plummer: Second.
Mayor Clark: Motion and a second with no exception. Cast a unanimous ballot.
169 March 24, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-202
A RESOLUTION ACCEPTING THE BID OF DESIGN AWNING AND
STRUCTURES, INC., IN THE PROPOSED AMOUNT OF $169,224.00, TOTAL
BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "BAYFRONT PARK
AMPHITHEATER - CANOPY REPLACEMENT, H-1069"; ALLOCATING
FUNDS THEREFOR FROM MONIES TO BE REIMBURSED FROM PENDING
INSURANCE CLAIMS FOR CAPITAL IMPROVEMENT PROJECT NO. 332060,
IN THE AMOUNT OF $169,224.00 TO COVER THE CONTRACT COST AND
$16,923.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL PROJECT COST OF $186,147.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
45. TRANSFER RIGHT-OF-WAY OF N.W. 12 DRIVE BETWEEN N.W. 42 AVENUE
(LE JEUNE ROAD) AND N.W. 45 AVENUE TO JURISDICTION OF STATE
HIGHWAY SYSTEM (F.S. 337.29) -- AUTHORIZE FLORIDA DEPARTMENT OF
TRANSPORTATION TO RECORD RIGHT-OF-WAY MAP OF SUBJECT ROAD IN
DADE COUNTY PUBLIC RECORDS.
Mayor Clark: Item number 39.
Commissioner Plummer: That's going to be withdrawn till the next meeting.
Mr. Wally Lee: Withdrawn, yes, Commissioner.
Mayor Clark: Why did you have a problem with this, J.L.?
Commissioner Plummer: Because we're not getting anything back, Mr. Mayor.
Mayor Clark: Is this DOT (Department of Transportation)?
170 March 24, 1994
Commissioner Plummer: It's a DOT project, yeah.
Mayor Clark: I got a deal working with DOT. We ought to go with this because we're not
losing any right-of-way. I got a deal working with DOT. You know how Coral Gables is
decorated with the palm trees?
Commissioner Plummer: Yeah.
Mayor Clark: I got a deal working with DOT and they're going to palm tree that thing from 37th
Avenue...
Commissioner Plummer: Well, that's all I'm asking for. I've been asking for them to do
something in return.
Mayor Clark: ... 37th Avenue all the way to the expressway.
Commissioner Plummer: You're going to do the palm trees on Dixie Highway?
Unidentified Speaker: Yes. The Department has committed to that, Commissioner.
Mr. Cesar Odio (City Manager): They have.
Commissioner Plummer: Fine. That's all I've asked, for something in return.
Mayor Clark: Man, I mean to tell you, this will be the greatest entrance to the...
Commissioner Gort: Move it.
Commissioner Plummer: That's super. I think it's fantastic. Thank you. Bye.
Unidentified Speaker: We appreciate it.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
Commissioner Plummer: Why didn't somebody tell me that?
Commissioner De Yurre: You didn't ask.
Vice Mayor Dawkins: Well, you won't let us.
Commissioner Plummer: Drop dead.
Ms. Matty Hirai (City Clerk): We need a motion, Mr. Mayor.
Unidentified Speaker: Thank you, Commissioners.
Mayor Clark: Thank you.
Commissioner Plummer: Mr. Mayor, I've been asked by the City Manager...
Ms. Hirai: We need a motion on the prior one, Commissioner.
Mayor Clark: Ma'am?
171 March 24, 1994
Ms. Hirai: We didn't get a motion on this one.
Commissioner Gort: Yeah, I moved it.
Commissioner Plummer: Thirty-nine.
Mayor Clark: Cast a unanimous ballot. Thank you.
Ms. Hirai: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-203
A RESOLUTION, WITH ATTACHMENT(S), TRANSFERRING THE RIGHT-
OF-WAY OF NORTHWEST 12TH DRIVE BETWEEN NORTHWEST 42ND
AVENUE (LEJEUNE ROAD) AND NORTHWEST 45TH AVENUE, WITHIN
THE CITY OF MIAMI, FLORIDA, TO THE JURISDICTION OF THE STATE
HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA
STATUTES; FURTHER AUTHORIZING THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT
ROAD IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
46. DIRECT CITY MANAGER TO TURN OVER OPERATION / MAINTENANCE OF
BICENTENNIAL PARK TO BAYFRONT PARK MANAGEMENT TRUST.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: On 38, the Manager has requested...
Vice Mayor Dawkins: Thirty-eight?
172 March 24, 1994
Commissioner Plummer: Yeah, back to the park - that this Commissioner temporarily turn over
Bicentennial to the Bayfront Park for operation and maintenance. We have suggested that we
would like to do that, and it's temporary, because we would like to see how we could work it out
and to assist the City in taking care of this facility. So if it's within order and nobody objects, I
will then so move the request of the Manager in conjunction with item 38.
Mayor Clark: Is there a second? With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-204
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO PROCEED WITH THE STEPS NECESSARY TO ASSUME
CONTROL AND TAKE RESPONSIBILITY FOR THE OPERATION AND
MAINTENANCE OF BICENTENNIAL PARK.
(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
NAYS: None.
ABSENT: None.
173 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: RJR CONSTRUCTION, INC. -- FOR PROJECT: TRUCK SCALE
FOUNDATION AT VIRGINIA MULCHING PLANT, B-6216-A -- ALLOCATE
FUNDS FROM STATE OF FLORIDA RECYCLING AND EDUCATION GRANT --
EXECUTE CONTRACT.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 40. Truck Scale Foundation at Virginia Key Mulching Plant.
Mr. Wally Lee: It's a weigh station.
Mayor Clark: Yes, sir.
Mr. Lee: Mr. Mayor and Commissioners, the low bid was $64,590.
Mayor Clark: Who's doing your estimating there?
Mr. Lee: Pardon, sir?
Mayor Clark: Who's doing the estimating over there. The estimate is $70,000, right?
Mr. Lee: Yes, sir.
Commissioner Plummer: $77,000.
Mr. Lee: $77,000.
Mayor Clark: So you're about $15,000 below the estimate, right?
Mr. Lee: Yes, sir.
Commissioner Plummer: Well, but no. You've got to put the City expenses, which are very
high in there, at $12,600.
Mayor Clark: Fifteen contractors picked up the plans.
Mr. Lee: And we had seven bids, Mr. Mayor.
Mayor Clark: All right. Is there a motion on this item?
Commissioner Plummer: Can I ask a question? Why do you have to weigh the mulch?
Commissioner Gort: Mr. Mayor, I move that...
Commissioner Plummer: We give the mulch away free. Why do we have to weigh it?
Mr. Lee: Commissioner, we just handle the bid process for Solid Waste. I...
Commissioner Plummer: Well, I wish somebody would tell me why we got to go through the
process of weighing all this stuff. We mulch it, we beg people to come and take it. Why do you
have to weigh it?
174 March 24, 1994
Commissioner De Yurre: Because they resell it, and they need to know how much it weighs.
Mayor Clark: Motion and a second, Madam Clerk, by Mr. De Yurre and Mr. Dawkins, with no
exceptions. We cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-205
A RESOLUTION ACCEPTING THE BID OF RJR CONSTRUCTION, INC., IN
THE PROPOSED AMOUNT OF $64,590.00, TOTAL BID OF THE PROPOSAL,
FOR THE PROJECT ENTITLED "TRUCK SCALE FOUNDATION AT
VIRGINIA MULCHING PLANT, B-6216-A"; ALLOCATING FUNDS
THEREFOR FROM STATE OF FLORIDA RECYCLING AND EDUCATION
GRANT, PROJECT NO. 197006, ACCOUNT CODE 421304-340, IN THE
AMOUNT OF $64,590.00 TO COVER THE CONTRACT COST AND $12,653.26
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
PROJECT COST OF $77,243.26; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM.
(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
NAYS: None.
•j: Q1 • ,
-------------------------------------------------------------------------------------------------------------------
48. AUTHORIZE INCREASE NOT TO EXCEED ($9,570) IN CONTRACT WITH
RESOL, INC. -- FOR N.W. 15 AVENUE PAVING - PROJECT NO. 341175.
Mayor Clark: Item 41.
Vice Mayor Dawkins: Move it, move it.
Mayor Clark: And enough massaging. Fifteenth Avenue Paving Project. Go ahead, Jim. Yes,
sir.
Commissioner Gort: Northwest 15th Avenue.
175 March 24, 1994
Mr. Jim Kay: This is an increase in contract for the project. We had to put a parking lane on the
side of the road on 15th Avenue which necessitated the removal and relocation of some trees.
Mayor Clark: Increase of $9,500?
Mr. Kay: Yes, sir.
Mayor Clark: Motion, give me a motion.
Vice Mayor Dawkins: Move it.
Mayor Clark: Motion and a second. With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO.94-206
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT IN AN
AMOUNT NOT TO EXCEED $9,570.00 IN THE CONTRACT BETWEEN THE
CITY OF MIAMI, FLORIDA AND RESOL, INC., DATED JULY 8, 1993, FROM
$164,430.00 TO $174,000.00, FOR "NORTHWEST 15 AVENUE PAVING, 13-
4548"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 341175, AS PREVIOUSLY APPROPRIATED BY ORDINANCE
NO. 10938, AS AMENDED; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -
FIFTHS OF THE MEMBERS OF THE CITY COMMISSION.
(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
NAYS: None.
ABSENT: None.
176 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
49. AUTHORIZE INCREASE ($17,800) IN CONTRACT WITH MIRI CONSTRUCTION,
INC. -- FOR GRAPELAND HEIGHTS PARK BALLFIELD CONSTRUCTION
PROJECT, B-2958-C (CIP 331310).
Mayor Clark: Item number 43 - 42, rather. Grapeland Heights Ballfield. Oh, boy.
Mr. Jim Kay: Yes, sir. Two...
Commissioner Plummer: What, in fact, is this?
Mr. Jim Kay: We're putting in two...
Cesar Odio: (City Manager): Park ballfield construction.
Commissioner Gort: Move it.
Commissioner Plummer: Yeah, but this... Let me just go on the record, if I may.
Mayor Clark: J.L.
Commissioner Plummer: This is the kind of thing that brings extreme criticism about low -ball
bidding. OK? And you know what I mean by low -balling. They come in with a very low bid to
get the bid, and then they get all these add-ons, and add-ons.
Mr. Cesar Odio (City Manager): Excuse me, excuse me, Commissioner. What happened on this
particular case was we did not...
Commissioner Plummer: Sir...
Mayor Clark: What happened?
Commissioner Plummer: That's why I'm asking.
Mr. Odio: At the time of going out for bids, we did not have enough money to go with the oval
backdrops for the baseball diamonds. We finally got the money for them and we had to... We
just went ahead and included it.
Mayor Clark: Motion and a second.
Commissioner Plummer: OK. Yeah, I have no problem. I just wanted to get it on the record.
Mayor Clark: Thank you.
Mr. Odio: That's what it was.
Mayor Clark: Cast a unanimous ballot, Madam Clerk. Item number 43.
177 March 24, 1994
Commissioner Plummer: Who's got...
Cesar Odio: You have to confirm the appointment of Margarita Roha idy- Delgado, who expires
December... She... Expiring, no?
Commissioner Plummer: Well, wait, wait, wait,.excuse me. Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: Back on 42...
Mr. Odio: Oh, no, sorry, sorry. Wrong. Sorry.
Commissioner Plummer: I'm reading here an authorization increase requires a four -fifths vote.
Is that a voice vote, or can we do it...
Mayor Clark: Call the roll.
Commissioner Plummer: I think you got to call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-207
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN
AMOUNT NOT TO EXCEED $17,800.00 IN THE CONTRACT BETWEEN THE
CITY OF MIAMI, FLORIDA AND MIRI CONSTRUCTION, INC., DATED
APRIL 15, 1993, FROM $71,747.00 TO $89,547.00, FOR "GRAPELAND
HEIGHTS PARK BALLFIELD CONSTRUCTION PROJECT, B-2958-C";
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 331310, AS PREVIOUSLY APPROPRIATED BY ORDINANCE
NO. 10938, AS AMENDED; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOUR -
FIFTHS OF THE MEMBERS OF THE CITY COMMISSION.
(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
NAYS: None.
ABSENT: None.
178 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
50. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO
APPOINT INDIVIDUALS TO SERVE AS MEMBERS / ALTERNATE MEMBERS
ON THE CODE ENFORCEMENT BOARD. (See label 52 & 74)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, on item 43.
Cesar Odio (City Manager): On the Code Enforcement, you have a nomination by
Commissioner Plummer. You need to...
Commissioner Plummer: Gort has got a vacancy, De Yurre has a vacancy... Well, each one of
us has a vacancy.
Mr. Odio: Mayor Clark and Commissioner Gort...
Mr. Sergio Rodriguez (Assistant City Manager): Each one of you has, yeah.
Mr. Odio: And alternate members.
Mayor Clark: I move this be deferred until the next meeting.
Commissioner Gort: You don't want to do it today?
Mayor Clark: No.
Commissioner Plummer: I don't know why we appoint anybody. It's a useless board.
Commissioner Gort: Well, tell the chairman over there.
Commissioner Plummer: Especially the new chairman. By the way, just for your information, I
talked to the Dade delegation in reference to the fact that they need to give you some clout, that
when a person is guilty, you can close them down, not run up $60,000,000 in liens, and they are
taking it under advisement, let me tell you.
Mr. Rodriguez: Great.
179 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
51. CONFIRM APPOINTMENT OF INDIVIDUAL TO THE OFF-STREET PARKING
BOARD. (Confirmed was: Margarita Rohaidy Delgado.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right.
Commissioner Gort: Forty-four, I move it.
Commissioner Plummer: What's 44?
Mr. Cesar Odio (City Manager): Confirming an appointment.
Commissioner Plummer: Oh, my appointment. Yeah, I second it.
Mayor Clark: With no exception, cast a unanimous ballot. forty-five.
Commissioner Plummer: Well, wait a minute, you didn't give the name. Put the name on the
record.
Mr. Odio: Margarita Rohaidy Delgado.
Commissioner Plummer: Right.
Commissioner De Yurre: Where is she?
Commissioner Plummer: Where is she?
Mr. Odio: What do you mean where is she?
Unidentified Speaker: She was in here this morning and...
Commissioner Plummer: She was in Tallahassee Airport last night when I left.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-208
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL
TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI TO
SERVE A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
180 March 24, 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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
52. (A) (Continued discussion) APPOINT / REAPPOINT INDIVIDUALS TO SERVE
AS MEMBERS / ALTERNATE MEMBERS ON THE CODE
ENFORCEMENT BOARD. (Appointed were: John Calpini, Alfredo Hidalgo-
Gato, and Victor Haber.)
(B) APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS ON
THE TAX-EXEMPT PROPERTY STEERING COMMITTEE. (Appointed
were: Josefina Sanchez-Pando and Robert Fairless.)
Mayor Clark: All right, 45.
Mr. Cesar Odio (City Manager): Wait a minute. I think somebody has a question on 43, Mr.
Mayor.
Mayor Clark: Forty-three, what is it?
Mr. Ruben Avila: I just want to know, Mr. Mayor and Commissioners. They passed 43? Or
they...
Mr.Odio: Deferred.
Commissioner Plummer: Deferred it.
Mayor Clark: I didn't appoint anybody.
Commissioner Plummer: We deferred it till next year.
Vice Mayor Dawkins: OK.
Mayor Clark: No, not till next year.
Commissioner Plummer: Two years?
Commissioner Gort: Mr. Mayor, my understanding is that they don't have enough board
members, and sometimes they have a problem meeting the quorum, because...
Mayor Clark: Has everybody appointed their...
181 March 24, 1994
Commissioner Gort: I have someone that I can appoint today.
Mayor Clark: Well, you do what you'd like to. I just want my appointment held up.
Commissioner Plummer: Well, may I sugg... OK. Mr. City Attorney, am I not aware that
people are appointed until the successors are named?
A. Quinn Jones, III, Esq. (City Attorney): We've opined that they will serve until the successors
serve...
Commissioner Plummer: Well, then, what's the problem?
Mr. Jones: Well, they may not want to...
Commissioner De Yurre: The ones appointed don't show up.
Commissioner Gort: They're not attending. They're not going.
Commissioner Plummer: I don't blame them. I wouldn't show up either. I mean, they're
wasting their time.
Mayor Clark: Let's go. Come on.
Vice Mayor Dawkins: OK. But...
Mayor Clark: Sergio.
Mr. Sergio Rodriguez (Assistant City Manager): You have four positions now which are vacant.
There's one person which is an incumbent, which is Alfredo Hidalgo-Gato, which is up for
reappointment, or not, you know, and it's Commissioner De Yurre's appointment. But then you
have four other vacancies at this point.
Commissioner De Yurre: He's mine... I have another one.
Vice Mayor Dawkins: OK. I would ask the Manager to send a letter asking my former appointee
to appear before the City Commission and tell the City Commission why he told me he refused
to serve on a board that he felt was useless, wouldn't do anything, couldn't get anything done,
and he refuses to be reappointed.
Commissioner Plummer: How long have I been telling you that?
Vice Mayor Dawkins: Have him come here at the next meeting, Mr. Manager, please. I will
give you... That's Willard Hart. She can get the address from the clerk. I would like to have
him, when we... You know, discuss this for the next meeting.
Commissioner Plummer: Mr. Dawkins...
Unidentified Speaker: Mr. Mayor, I'd like to be recognized, please.
Commissioner Plummer: Let me say this to you.
Mayor Clark: Yes, sir.
182 March 24, 1994
Commissioner Plummer: Code enforcement is costing us a million dollars a year. I think code
enforcement is a good tool, but it doesn't have the clout that it needs. They find someone guilty,
and they impose a fine of $250 a day, and the guy, every morning, wakes up and thumbs his nose
at them, and the $250 keeps rolling on and rolling on. And maybe or maybe not, he might want
to settle out with the City Attorney who has the right to reduce it. It's crazy.
Mr. Odio: I just want to say one thing for the record. You know, the Code Enforcement Board,
we have an 85 percent compliance record right now.
Commissioner Plummer: On minimal things.
Mr. Odio: That's pretty good.
Commissioner Plummer: Roosters, pigeons.
Mr. Odio: Eighty-five percent compliance record.
Commissioner Plummer: No, one rooster, we didn't get. We missed that rooster.
Mr. Odio: No, it means that at least 85 percent of the problems have been resolved,
Commissioner.
Commissioner Plummer: Mr. Manager, if we could collect half of what we have in liens, we
would be out of the thing.
Mayor Clark: All right, next case. That's enough massaging.
Commissioner Gort: Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: I'd like to appoint... I think the new chairperson is trying to do a good job
with it, and like J.L. says, we need to give him some tools to work with, and we're working on
that. I'd like to appoint someone today to give some additional tools, which is Mr. John Calpini.
Mayor Clark: All right.
Vice Mayor Dawkins: Second the motion.
Mr. Jones: Commissioner, can you spell that, please? John Calpini? Mr. Gort?
Mayor Clark: I will have an appointment very shortly, not today. OK? Next case.
Mr. Jones: Commissioner? John Calpini.
Commissioner Gort: Yes.
183 March 24, 1994
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-209
A MOTION APPOINTING JOHN CALPINI AS A MEMBER OF THE CODE
ENFORCEMENT BOARD.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
ABSENT: None.
Mayor Clark: Forty-four, we're on item 44.
Mr. Odio: You did that one, Mr. Mayor. It's 45.
Mayor Clark: Forty-five.
Commissioner Plummer: But try to get a fifth one, please.
Mr. Odio: We need nominations by the Mayor and Commissioner Gort.
Commissioner De Yurre: Not me.
Commissioner Plummer: On 45?
Commissioner De Yurre: On 44. On the...
Mayor Clark: Excuse me.
Commissioner De Yurre: On 43, you need my nomination?
Mr. Odio: Forty-five.
Commissioner Plummer: Who did I appoint?
Mr. Jones: The pilot, the pilot committee.
Mayor Clark: Yes, sir.
Mr. Odio: Yes.
Commissioner Plummer: Who did I appoint to that committee?
Commissioner De Yurre: I'll nominate Ruby Feria.
184 March 24, 1994
Mayor Clark: Ruby Feria?
Commissioner De Yurre: Yes.
Vice Mayor Dawkins: Second.
The following motion was introduced by Commissioner De Yurre, who moved its
adoption:
MOTION NO. 94-209.1
A MOTION APPOINTING RUBY FERIA AS A MEMBER OF THE CODE
ENFORCEMENT BOARD.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
ABSENT: None.
Commissioner Plummer: Did I appoint anybody or not? Who did I appoint?
Unidentified Speaker: I'll find out in a minute.
Mayor Clark: Madam Clerk, my appointment, it will be Robert Fairless of the Miami Board of
Realtors, F-A-I-R-L-E-S-S.
Commissioner Plummer: That's a good appointment.
Mayor Clark: You can check with him to that board.
Vice Mayor Dawkins: Well, my appointee is sitting in the audience.
Mayor Clark: Would you please rise.
Commissioner Plummer: All right. Mr. Mayor, if I may. If I did not make an appointment, even
though I'm being told that I did, my second choice would be Eddie Gong.
Mr.Odio: Eddie?
185 March 24, 1994
Commissioner Plummer: Eddie Gong. OK? And if, in fact, I've appointed somebody, then he
would be out; but if not, then Eddie Gong would be my appointment.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 94-209.2
A MOTION APPOINTING EDDIE GONG AS A MEMBER OF THE CODE
ENFORCEMENT BOARD.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: OK. Can we go to item... Please, please, let's go to item 45.
Vice Mayor Dawkins: Forty-five. Move it. You got to make some appointments, somebody.
Commissioner Plummer: Are we finished?
Vice Mayor Dawkins: No. We got 45.
Commissioner Plummer: What is 45?
Vice Mayor Dawkins: Commissioner Gott had an appointment and the Mayor has an
appointment.
Commissioner Plummer: Oh, OK. Well, do it.
Mayor Clark: What is that?
Commissioner Gott: All right. Sanchez-Pando. My appointment is Sanchez-Pando, Josephine
Sanchez-Pando.
Mr. Jones: P-A-N-D-O?
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-209.3
A MOTION APPOINTING JOSEFINA SANCHEZ-PANDO AS A MEMBER OF
THE TAX-EXEMPT PROPERTY STEERING COMMITTEE.
186 March 24, 1994
Upon being seconded by Commissioner Commissioner De Yurre, the motion 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
I Mayor Stephen P. Clark
i
NAYS: None.
ABSENT: None.
Mayor Clark: Fairless. Fairless went to this board right here. OK. What we got for this one?
Victor Haber. My appointment to the... Madam Clerk, my appointment to the Code
j Enforcement, he's a real hard-nosed guy, too, Victor Haber. Victor Haber. He's in the hospital
now, but he'll be out pretty soon. He's doing good.
Vice Mayor Dawkins: Second.
Commissioner Plummer: What was the motion?
Mayor Clark: Victor Haber to the Code Enforcement Board.
Commissioner Plummer: By whom?
Mayor Clark: By me.
(INAUDIBLE COMMENTS)
Mayor Clark: He'll love that, too.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 94-209.4
A MOTION APPOINTING VICTOR HABER AS A MEMBER OF THE CODE
ENFORCEMENT BOARD.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
i
ABSENT: None.
187 March 24, 1994
I
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO.94-209.5
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE TAX-EXEMPT PROPERTY STEERING COMMITTEE OF
THE CITY OF MIAMI, FLORIDA, FOR 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
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Now, what about the steering committee? We've done that already?
Vice Mayor Dawkins: Yes, sir, we just finished. We just finished it.
Ms. Matty Hirai (City Clerk): No. No, we haven't.
Vice Mayor Dawkins: That's it until 4:30, Mr. Mayor.
Mayor Clark: All right.
Mr. Odio: Can you take pocket items now, or after?
Mayor Clark: Take a pocket item right now. Now listen to this very closely.
Vice Mayor Dawkins: Hold it. Were is my pocket item? Bring my pocket item out.
Ms. Hirai: Mr. Mayor, on 45, you have another appointment. You just gave us Code
Enforcement, but you have another one on tax exempt properties steering committee.
188 March 24, 1994
Mayor Clark: Well that, number 45 is on the Exempt Steering Committee.
Ms. Hirai: Yes.
Mayor Clark: That is Mr. Fairless.
Ms. Hirai: Fairless, yes, all right, sir.
Mayor Clark: Which she gave to you. The other one is Mr. Victor Haber.
Ms. Hirai: Yes, yes. Thank you.
-------------------------------------------------------------------------------------------------------------------
53. MODIFY VIRGINIA KEY MARINA RFP.
Mr. Cesar Odio (City Manager): Mr. Mayor.
Mayor Clark: All right. Let's have your attention, please.
Mr. Odio: I have an item I wanted to bring to your attention.
Mayor Clark: All right. You've got the floor now, Mr. Odio.
Mr. Odio: Mr. Jack Luft has been meeting with the prospective proposers on the Virginia Key
Boatyard RFP (Request for Proposals), and we have uncovered certain changes that they would
like to see, to make that project feasible for them and for the City. And I'll just list them.
Because of the configuration of the land, they would like to see the area that was left out, where
the jet ski area is, and I'm passing out...
Mayor Clark: Go ahead.
Mr. Odio: It's 1.1 acres.
Mayor Clark: Yeah.
Mr. Odio: To be able to move the present location of the restaurant to the water's edge, and
have more racks placed on the back.
Mayor Clark: All right.
Mr. Odio: Because of the high... Because of the minimum payment being high, they have to
have this additional income, and therefore, by putting the one acre back into the RFP, and there
was some confusion whether it was in or out...
Mayor Clark: It's in.
Mr. Odio: ... in the Mayor's resolution, the 1.1 acres was included. In the discussion, it was not.
Commissioner Plummer: No, it was not.
189 March 24, 1994
1
Mr. Odio: So I would like to see it placed back into the RFP, then increase the minimum
payment to $286,000 a year to pay for the additional property. Also, we need to clarify, where it
says estimated construction cost, it should specify that the City is requiring a total of new
investment in the site of no less than $1,000,000.
Commissioner Plummer: Wait a minute. No, no, no. I...
Mr. Odio: In other words, we don't want anybody to say that all equipment or all buildings can
be considered as part of the investment cost that we are requiring.
Commissioner Plummer: I thought it was $2,000,000.
Mr. Odio: It's $1,000,000 in the RFP.
Commissioner Plummer: Wasn't the other bid $2,000,000?
Mr. Odio: This one is $1,000,000.
Commissioner Plummer: How much was the previous one?
Mr. Odio: Well, let me finish, and then you can discuss it, Erdal.
Unidentified Speaker: That was for a restaurant...
Mr. Erdal Donmez: My name is Erdal Donmez, Department of Development. I believe it was
$2,000,000.
Commissioner Plummer: Well, my understanding was that this RFP absolutely tracked the other
RFP. Now, why have you dropped it...
Mr. Odio: No. The other one was a different RFP. It was based on the restaurant, the isolated
restaurant. The other...
Commissioner Plummer: You're talking about a restaurant again.
Mr. Odio: No. We're talking the different RFP. We had required on this RFP a minimum
investment of $1,000,000. We just want to make sure that it is new.
Unidentified Speaker: The marina is already there.
Mr. Odio: That it will be additional investment into the property to enhance the property.
Mayor Clark: Not old, old merchandise.
Mr. Odio: Exactly. And also, if you do approve these changes, to give us time to send the
addendums out.
Mayor Clark: Thirty days.
Mr. Odio: And to give everybody the time to comply, give them an additional extension of 30
days to June 6th to have all the replies in.
Commissioner Plummer: All right. Now, they can come in offering a higher annual minimum
guarantee.
190 March 24, 1994
Mr. Donmez: That's correct.
Mr. Odio: Sure. Sure.
Commissioner Plummer: OK?
Mr. Donmez: That's correct, sure.
Commissioner Plummer: They can come in, but there is also a minimum percentage. Am I
correct?
Mr. Donmez: That's correct.
Commissioner Plummer: OK. What is that percentage if they build a restaurant?
Mr. Odio: The restaurant is ten percent.
Mayor Clark: The restaurant is ten percent.
Commissioner Plummer: OK. Mr. Mayor, what I was trying to compare, the Rusty Pelican pays
us an annual minimum guarantee, is $150,000, it is my understanding.
Mr. Odio: No, sir. It's $4,000 a month.
Commissioner Plummer: It's higher than that, OK?
Mr. Odio: No, sir, it's not.
Commissioner Plummer: All right, let's use your figure. That's $50,000 for round numbers.
Now, you're going from an RFP without a restaurant to an RFP with a restaurant.
Mr. Odio: No, no, sir. I'm sorry. No, sir. Let me explain one more time. There was a
restaurant in the RFP. The only thing we are doing is allowing them to move it to the water's
edge so they can add more racks in the back.
Commissioner Plummer: For additional acreage.
Mr. Odio: For 1.1 acres, and we are increasing the mill.
Commissioner Plummer: Let it go out. We'll still have a "bite at the apple" if it doesn't come in
good.
Mr. Odio: That's fine.
Commissioner Plummer: My only concern, and I'll put it on the record, again, is the fact that
you're going from another additional acre for additional... By the way, it was $286,000 in my
memo, not $282,000.
Mr. Donmez: Two eight -six, that's what...
Commissioner Plummer: Two eight -six as the minimum annual guarantee.
Mr. Odio: I'm sorry, I read it... $286,000, OK, OK.
191 March 24, 1994
Commissioner Plummer: You're going to give them an additional acre of property based on a
minimum annual guarantee of $16,000. To me, that's awful cheap. Just for what it's worth, let's
see.
Mayor Clark: Well, let's see what happens.
Commissioner Plummer: If they're really interested, maybe they'll come in higher.
Mayor Clark: Let's see what happens. Is there a motion on the item? Moved by Mr. De Yurre.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded by Mr. Dawkins. All in favor of the motion. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its "x
adoption:
RESOLUTION NO. 94-210
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 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
NAYS: None.
ABSENT: None.
192 March 24, 1994
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I vote yes, to put out the RFP. Let's see what they come in with.
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Vice Mayor Dawkins,
the minutes of Commission meetings of January 27, February 17
and 24, 1994, were approved by the Commission.
----------------------------- ---- -- - -
54. RESCHEDULE APRIL 28, 1994 COMMISSION MEETING TO BEGIN AT 4:30 P.M.
4 -------------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): And, Mr. Mayor, we need to move the meeting of April 28th to
start at 4:30 in the afternoon, since we have no regular item but one. You could move the
meeting to 4:30, if you so choose.
Mayor Clark: Motion to that effect by Mr. De Yurre.
Commissioner De Yurre: I want to make sure. Four "serty", or 4:30?
Mr. Odio: Cuban time, 4:30.
Commissioner De Yurre: OK.
Mr. Odio- Four -thirty.
Mayor Clark: Second, second, 4:30 on the 28th of April.
Commissioner Plummer: That's fine.
Mayor Clark: Cast a unanimous vote, Madam Clerk.
Commissioner Plummer: Start the meeting at 4:30.
193 March 24, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-211
A RESOLUTION RESCHEDULING THE APRIL 28, 1994 CITY COMMISSION
MEETING TO CONVENE AT 4:30 P.M.
(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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
55. CALL FOR SPECIAL MUNICIPAL ELECTION TO BE HELD SEPTEMBER 8, 1994
CONCERNING PROPOSED RESIDENCY REQUIREMENTS OF ALL FUTURE
CITY OF MIAMI EMPLOYEES.
Mayor Clark: Mr. Dawkins, you have the floor.
Vice Mayor Dawkins: Mr. Mayor, I'd like to bring up a pocket item. I asked that the City
Attorney prepare a resolution for...
Mayor Clark: Special election?
194 March 24, 1994
Vice Mayor Dawkins: Yes, sir, for the next election. Would you read the resolution, Mr. City
Attorney, please, sir.
(THE CITY ATTORNEY READS THE RESOLUTION INTO THE RECORD.)
Vice Mayor Dawkins: I so move.
Mayor Clark: Any exceptions? Any discussion?
Commissioner Plummer: Well, would you give me time to read it, and I might.
Vice Mayor Dawkins: You weren't listening when he read it, or you don't understand English?
Commissioner Plummer: No, I can't, I'm sorry, I can't chew gum and breathe at the same time.
Let me ask, just for clarification, without going into the legaleese, What you're saying is that all
new City employees, after, if this were to pass, must be residents of the City of Miami?
Vice Mayor Dawkins: All new.
Commissioner Plummer: And must remain as residents of the City?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Mr. Manager, "oye." I like this, I think. Is it practical? When I say
that, you came to me the other day and said the reason you couldn't fulfill what this Commission
told you with the PSA's was because you were limited to the City limits only.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: Now, if this were to pass...
Mr. Odio: Because the low pay...
Commissioner Plummer: ... that's why I'm asking, is this practical? What happens? What
happens, Miller, if, in fact, he can't? Is there a proviso here that says that if, in fact, we have
tried and done everything possible and still can't, that they give him the right to go out?
Vice Mayor Dawkins: Mr. Plummer.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: Anything can be done that wants to be done. Now, if this Commission
directs me to find qualified PSAs, I will go and get you the list of every person who qualified
when they passed the police test, and get you some hirees. Now, but because you want
somebody who scored 91 on the test, and people scored 71 on the test, you feel that they don't
qualify. But the passing number is 70. So a guy who passes the test at 71 is just as qualified as
the one who passed it at 91.
Mr. Odio: Mr. Commissioner: Could you add in here for our own protection that any waivers
could be approved by the City Commission? In case you get... If we get into a problem where
you can't hire, that you have the right to waive?
Vice Mayor Dawkins: I have no problem with... Wait, no. Put that in there and see how the
voters vote for it. If the voters vote for it...
195 March 24, 1994
Commissioner Plummer: If you put in there a waiver, where the City Commission can waive it,
then I have no problem.
Vice Mayor Dawkins: Yeah, the City Commission, though, not the Manager, not the Chief of
Police, and not the Fire Chief.
Commissioner Plummer: Well, I tell you what, make it binding by four -fifths vote.
Vice Mayor Dawkins: OK, good. I have no problem with adding that. No problem.
Commissioner Plummer: All right? Then I'll second the motion.
Commissioner Gort: Mr. Mayor.
A. Quinn Jones, III, Esq. (City Attorney): Waive it...
Commissioner Plummer: What?
Mr. Jones: A provision for waiver by the City Commission by four -fifths...
Commissioner Plummer: By four -fifths vote.
Vice Mayor Dawkins: Go ahead, Mr....
Mayor Clark: All right.
Vice Mayor Dawkins: No, Mr. Gort had something to say, Mr. Mayor.
Commissioner Gort: Mr. Mayor, let me ask a question. Mr. Dawkins, my understanding, we'd
be the only City that would be doing this?
Vice Mayor Dawkins: No, sir. I can get you about six cities around the country that does this.
Commissioner Gort: OK. My question is, how many residents of the City of Miami work within
other cities or in other municipalities that reside in the City of Miami that could be affected later
on if everybody is to adopt this?
Vice Mayor Dawkins: I don't follow your question.
Mr. Gort: Well, residents in the City of Miami that work for other municipalities, if people were
to follow this.
Vice Mayor Dawkins: OK. I would rather answer your question, if you would permit me to, by
telling you how many people who work for the City of Miami who don't live in the City. I don't
care about how many don't live someplace else, see? I'm interested in raising the tax base of the
City of Miami, Commissioner. This City is going out of business because it has no tax base with
which... The people who live and pay taxes in the City of Miami, although we pay them salaries,
that they live outside of the City. That's my only problem with it, Commissioner.
Mr. Odio: Mr. Dawkins, relax. It's going to (inaudible.)
Commissioner Plummer: Here again, we're talking about letting the voters decide.
196 March 24, 1994
Vice Mayor Dawkins: That's all I'm asking.
Commissioner Plummer: OK? And...
Mayor Clark: With that waiver in there, let's put it on the ballot and let it go.
Vice Mayor Dawkins: That's all.
Commissioner Plummer: Put the waiver in there that by four -fifths vote of this Commission, we
can do a waiver, then I can vote for it.
Vice Mayor Dawkins: I have no problem with the amendment.
Mr. Odio: May I ask a question? Commissioner, you have not waived as of right now... As of
right now, you still have a residency requirement. That has not been waived. So the voters don't
have to decide anything. You still have...
Vice Mayor Dawkins: Yes, sir, Mr. Manager, but you allow the City of Miami Police and the
City of Miami Fire to waive it.
Mr. Odio: No, sir, we have not.
Vice Mayor Dawkins: Well, they move out, but I want them to...
Mr. Odio: No, sir. No, sir.
Vice Mayor Dawkins: OK. Yes, sir.
Mr. Odio: As of right now, Commissioner...
Vice Mayor Dawkins: Oh, no, no.
Mr. Odio: ... as we stand, they must live in the City of Miami.
Vice Mayor Dawkins: No, no, no. No, sir. OK. But, now, Ms. Weller, would you come to the
phone, please. Would you come... So through you, Mr. Manager, to Ms. Weller. In the event
that we hire people now, and they live in the City for two years, OK? And they are desirous of
moving out of the City of Miami, cannot they request to move out, because you have permitted
this to have been an ongoing procedure for other people in the department?
Ms. Sue Weller: The contract is very clear that they must be residents, and they must maintain
residency for the life of their employment with the City, Commissioner.
Vice Mayor Dawkins: You know, I still ask for permission to put this to the voters, that's all I
ask.
Mayor Clark: All right, fine.
Mr. Odio: I just...
Commissioner Plummer: So what do we got to lose?
Vice Mayor Dawkins: All I ask... Mr. Manager, you must have a problem with it if you don't
want the people to vote on it.
197 March 24, 1994
Mr. Odio: No, no. What I was trying to tell you, Commissioner, you... All I want to put on the
record, you have right now a residency requirement, and people that are hired must live in the
City of Miami. You have that.
Vice Mayor Dawkins: OK. Well, I still would like for the voters to vote on it.
Mayor Clark: Motion and a second.
Commissioner Plummer: I second.
Mayor Clark: Any exception? Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO. 94-212
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 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
NAYS: None.
ABSENT: None.
Commissioner Plummer: Now, let me ask this question. Mr. Manager, how many PSAs (Public
Service Aides), did we budget for last year?
198 March 24, 1994
Mr. Odio: I believe 150 or...
Commissioner Plummer: That's right. How many PSAs did we hire?
Mr. Odio: How many do we have right now? We're up to 130, I think, the last count I had. I
need to get that number.
Commissioner Plummer: Then I would ask you to...
Mr. Odio: Excuse me, Commissioner.
Commissioner Plummer: ... ask for the assistance of Commissioner Dawkins, who said he
would go out and find you all the gentlemen that you need - ladies and gentlemen...
Vice Mayor Dawkins: That's right, ladies and gentlemen.
Commissioner Plummer: ... to serve as PSAs. When you tell me you can't do it, he says he can.
Why don't you ask him to help you.
Mr. Odio: One thing we're having with PSAs also, Commissioner, we are giving them a chance
of being police officers so...
Commissioner Plummer: Why?
Mr. Odio: Why not?
Commissioner Plummer: Excuse me. Why?
Vice Mayor Dawkins: Because they've passed a background test so we have less training.
Mayor Clark: Listen, wait a minute, wait a minute.
Commissioner Plummer: Well, but there's no guarantee.
Mayor Clark: Wait a minute, now. Let's calm down. Relax, relax, relax. Everybody relax.
Mr. Odio: And we lose PSAs to police officers, so we have to hire again and again, so...
Mayor Clark: OK.
Mr. Odio: ... which is fine.
Mayor Clark: Now, what are we trying to accomplish here, now?
Commissioner Plummer: We're trying to get more PSAs, which we haven't been able to do.
Mr. Odio: ...Issue on the ballot. I was just trying to clarify that you are putting the issue on the
ballot, but you are right now, as we speak, you have not waived residency requirements,
therefore, you have that already.
Mayor Clark: Well, let me say this. If you've got somebody, now, that's outside the City and
you want to waive it, bring it to the Commission, right now. Then we can finish that thing. Do
you understand? All right, Mr. Dawkins?
199 March 24, 1994
I
Vice Mayor Dawkins: If that be the case.
Mayor Clark: Bring it up. We're going to put it on the ballot, but bring them up right now until
this is voted on. Understand what we're talking about?
Mr. Odio: Yes, sir.
Mayor Clark: Next case.
-------------------------------------------------------------------------------------------------------------------
56. EXECUTE TEMPORARY CONCESSION EASEMENT WITH METROPOLITAN
DADE COUNTY FOR USE OF APPROXIMATELY 40,000 SQUARE FEET OF
LAND ON CITY -OWNED PROPERTY ON FEC TRACK -- FOR CONSTRUCTION /
INSTALLATION OF 36-INCH WATER MAIN TO SERVE WATSON ISLAND AND
MIAMI BEACH.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Now here we go. This is a resolution, with attachments, authorizing the
City Manager to execute a temporary concession easement in a form acceptable to the City
Attorney, to Metropolitan Dade County for the use of approximately 40,000 square feet of land
on the City -owned property commonly known as FEC (Florida East Coast) Track; more
particularly described as Exhibit A.
Commissioner Plummer: What's he reading from?
Mayor Clark: This is the resolution.
Commissioner Plummer: Where is it?
Mayor Clark: You've got a copy of it there.
Commissioner Plummer: I do?
Mayor Clark: For it's use as a staging area in connection with the construction and installation
of a 36-inch water main to serve Watson Island and Miami Beach for a term of four months,
with a fee in the amount of $22,000. They want to store some material there for four months.
Got it?
Commissioner Plummer: They want to store fuel?
Mayor Clark: No, fill. Staging area where they can put their equipment together, J.L.
Commissioner Plummer: Oh, OK. Well, why... Mr. Mayor, why would they do that on... They
already have all of our property on Watson.
Mayor Clark: Mr. Manager? Mr. Manager, what about this staging area?
Commissioner Plummer: Why wouldn't you do it over on Watson Island, where they got the
whole damn island torn up, anyhow?
Ms. Lori Lutes: This is...
200 March 24, 1994
Mr. Cesar Odio (City Manager): What's this? I'm sorry?
Commissioner Plummer: This here, for...
Mr. Odio: I haven't seen it.
Commissioner Plummer: ... for the staging area.
Ms. Lutes: This is...
Mr. Odio: That's for the port people that are...
Commissioner Plummer: That's not what it says...
Mr. Odio: We need to give them official permission to be able to store their stuff there. Is that
right?
Ms. Lutes: This is for use by WASA (Water and Sewer Authority).
Mr. Odio: The bridge...
Ms. Lutes: The easements on the Watson Island are for use for FDOT (Florida Department of
Transportation) in connection with the bridge.
Commissioner Plummer: How long will this staging area exist?
Mayor Clark: Four months.
( Ms. Lutes: For four months.
Commissioner Plummer: No more.
Ms. Lutes: And we have a right to cancel that, if need be.
Commissioner Plummer: From what date to what date?
Ms. Lutes: From date of execution, which we hope will be within the next couple of weeks. It
would expire approximately July or August, and we can cancel it with 15 days notice.
Commissioner Plummer: OK. This, by the way, says Watson Island and Miami Beach. It
doesn't say a word about the port.
Ms. Lutes: This is... The water main that they are putting in will be servicing Watson Island and
Miami Beach.
Mayor Clark: All right.
Ms. Lutes: It's a new water main.
Mayor Clark: Is there a motion on the item?
Commissioner Plummer: Yeah, I'll move it.
Mayor Clark: Moved and seconded. With no exception, cast a unanimous ballot.
201 March 24, 1994
Commissioner Plummer: Good old City got deep pockets.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 94-213
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 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
NAYS: None.
ABSENT: None.
202 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
57. (A) AUTHORIZE ($1,500,000) LOAN FROM H.O.M.E. LOAN PROGRAM TO
OLYMPIA BUILDING PARTNERS, LTD. -- FOR REDEVELOPMENT OF
THE OLYMPIA BUILDING 1174 EAST FLAGLER STREET).
(B) COMMISSIONER PLUMMER REQUESTS STATUS REPORT ON LAND
PREVIOUSLY BOUGHT BY THE CITY FOR THE LATIN QUARTER.
i (C) COMMISSIONER DE YURRE COMMENTS ON TWO HOTELS IN
OVERTOWN AREA -- NET TRAILER ON 15 AND 8 AVENUES.
(D) VICE MAYOR DAWKINS REQUESTS ADMINISTRATION TO STUDY
POSSIBILITY OF SETTING UP A NET OFFICE ON DOUGLAS AND U.S.
1.
(E) DIRECT ADMINISTRATION TO BRING BACK STUDY CONCERNING
IMPLEMENTATION OF AN 800 OR 911 NUMBER FOR TOURISTS TO BE
ABLE TO SPEAK AND SEEK DIRECTIONS IN THEIR OWN LANGUAGE
IN EMERGENCIES.
(F) COMMISSIONER PLUMMER DIRECTS CODE ENFORCEMENT BOARD
TO WRITE VIOLATION NOTICES CONCERNING ELECTION SIGNS
WHICH ARE STILL DISPLAYED.
Mayor Clark: A resolution authorizing a loan in the amount of not to exceed $1,500,000 from
the H.O.M.E. (Home Investment Partnership Program) Loan Program to the Olympia Building
Partners, Limited, for the use of redevelopment of the Olympia Building located at 174 East
Flagler Street, Miami, Florida. Said loan subject to review and approval of the City Manager.
Commissioner De Yurre: Moved.
Vice Mayor Dawkins: Second, under discussion.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: We are getting ready to loan money from
The Off -Street Parking owes the City of Miami a million dollars.
apply the million dollars to this, I got some static about why.
Mr. Manohar Surana: They don't owe us any money.
Vice Mayor Dawkins: Say what now?
Mr. Surana: They don't owe us any money.
Vice Mayor Dawkins: Herb Bailey?
Mr. Herb Bailey: What did I do?
the H.O.M.E. Loan Program.
And when I inquired that they
Vice Mayor Dawkins: It's what you didn't do that you're getting fired for, not what you did.
Mr. Bailey: Oh, well, whatever.
203 March 24, 1994
1
Vice Mayor Dawkins: OK.
Mr. Bailey: As long as I get fired.
Vice Mayor Dawkins: Didn't we discuss with Mr. Clark Cook the cancellation of a million
dollar loan, a piece of property that they bought from us and have not paid, and that it could be
applied to this? Wasn't this discussed?
Mr. Bailey: Well, no. What I brought up was that we owe them a million dollars for a piece of
land that they have mortgaged to us in Little Havana. And I just commented and said, "This is
quite an interesting trade-off. Maybe you could give our mortgage on that piece of land. This
might make this a little more acceptable." That was just conversation. But we owe them a
million dollars for a piece of land for which we have a mortgage, for which we can't pay,
because we don't have the money.
Mr. Odio: By the way, we've been talking to Clark about allowing us to put the NET
(Neighborhood Enhancement Team) Office for East Little Havana there, right?
Mr. Clark Cook: That's correct.
Mr. Odio: OK.
Mr. Bailey: So that's what that conversation was about.
Mayor Clark: All right. Is there a motion on the item?
Commissioner Plummer: Can I... Go ahead. Are you finished?
Mr. Bailey: Yeah, I'm finished.
Vice Mayor Dawkins: No, I'm seconding it. Let's go.
Mayor Clark: Motion and'a second. Any further discussion? Hearing none, cast a unanimous
ballot, Madam Clerk.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: May I inquire to ask the Manager...
Commissioner De Yurre: Do I get to talk at any point in time?
Mayor Clark: Sure may.
Commissioner Plummer: I was going to ask about your project. I'd like to have a status report
given to this Commission on where we are, Mr. Manager, on the Latin Quarter, where all of the
property that we bought on Southwest 8th Street, across from the Tower Theater that's sitting
vacant, gathering weeds. A lot of money was paid, and I don't know if anything is happening.
That was your project.
Commissioner De Yurre: Let me say that for the next... In April, I'm bringing up the issue of
the City embarking in building two hotels; one at the 15th Avenue and 8th Street site, and one in
Overtown, to enhance those areas economically, and every whichway.
204 March 24, 1994
Commissioner Plummer: Just for your edification, Victor, they are building one directly across
the street from Casa Blanca, right next to the Pep Boys, they're building one up there.
Commissioner Gort: That's condominiums.
Commissioner De Yurre: OK. We need to get some hotel industry into that area so that we can
promote those sections. In fact, I've been hearing that there was a trailer, which I want that, I
would like to have that stopped immediately, any concept of putting a NET trailer on 15th and
8th.
Mr. Odio: And we're going to put an office...
Mayor Clark: Well, I had one up there. They made me take it off.
Mr. Odio: We were going to put a NET office there.
Commissioner De Yurre: Well, I don't want to spend any money until we deal with this issue
about putting a hotel there. So whatever you have based on that, hold it until we deal with this
matter.
Vice Mayor Dawkins: And on that same line, Mr. Manager, please go up, or have somebody
upstairs go up to the Community Service Center on Douglas and U.S. 1 and see if we can't get
some space in there to put the NET office over there instead of in the boxing gym.
Commissioner Plummer: That's Dade County.
Vice Mayor Dawkins: I said ask the County to give us space.
Mr. Odio: Yes, I... We could get, Commissioner, yes, we could get space there.
Vice Mayor Dawkins. Sure we could. So let's use that instead of the boxing... We don't have to
disrupt the boxing gym.
Commissioner Plummer: I have one other item, Mr. Mayor.
Commissioner Gort: Mr. Mayor, on this item.
Mayor Clark: All right.
Commissioner De Yurre: Well, I haven't said an item yet. Go ahead.
Commissioner Gort: Well, in your discussion, where you contemplate, the Little Havana
Development Authority did a study about ten years ago for the Latin Quarter where the
commercial park should have been there, so, OK, in your dealing with the hotels, could you try
to make sure they have some retails on the bottom so we can...
Commissioner De Yurre: Well, that's the idea.
Commissioner Gort: OK.
Commissioner De Yurre: And in fact, I just want to bring the concept to this Commission,
because to do a market study, marketing study to see... I feel there's a need for it, for it there.
And if we're going to promote that area as a tourist destination, then we should have the space
available.
205 March 24, 1994
1
Mayor Clark: Really clean it up, too.
Commissioner De Yurre: That's right. So one thing leads to the other. I feel that's a prime site
for something of this nature, as well as one in Overtown.
Mayor Clark: You're going to bring it up in April.
Commissioner De Yurre: And I'll bring it up in April. The other issue, if I may, Mr. Mayor, we
were in Berlin, Mr. Odio, and you and I, and one of the main things that came up in our travels
over there promoting tourism in the City of Miami was the concept of, that foreign tourists,
particularly Germans and French, and Italians, even if they were dealing with a police officer,
they could not communicate; that they had no way of speaking with somebody in their own
language that could help them out, and that seems to be a major problem for our foreign tourists
coming into this area that did not speak the English or Spanish language. And I would ask at this
time to bring back, ask the City Manager to bring back a study as to what it would take, about us
implementing a program, either a 1-800 number or through our 911 program that tourists, as they
come in, they have already in hand a number that they can call to, in case of an emergency or
need, that somebody in their own language will speak to them.
Mayor Clark: Or information.
Commissioner Plummer: They have that now.
Mayor Clark: No, they don't have that now.
Commissioner De Yurre: OK.
Commissioner Plummer: The Police Department does. They have a 1-800 for - offered through
Berlitz.
Mr. Odio: Well, it's Calvin Baker. I started to work with telecommunications to see what kind
of a system we can install.
Commissioner De Yurre: And if you can bring that to us at the next Commission meeting to
have an idea where we're at.
Mr. Odio: By the next regular Commission meeting we can bring it to you.
Commissioner De Yurre: That would go a long way in promoting our situation here in Miami.
Thank you.
Mayor Clark: All right. Do I have a motion and a second on the loan to the Olympia Building?
Commissioner De Yurre: So moved.
Mayor Clark: Cast a unanimous ballot with no exception.
Mr. Bailey: (Inaudible.)
Commissioner De Yurre: It passed.
Mr. Bailey: It passed?
206 March 24, 1994
Commissioner De Yurre: Yeah, you got it.
Commissioner Plummer: What? What passed?
Mr. Bailey: (Inaudible.)
Commissioner Plummer: No, what passed? There's a motion on the floor right now, right?
Mr. Bailey: There's a motion on the floor, a resolution.
Commissioner Plummer: That motion on the floor show me voting against, please.
Vice Mayor Dawkins: OK. Well, that's four to one.
Commissioner Plummer: That's four to one. That's fine.
Mayor Clark: All right.
Commissioner Plummer: I said I was voting against it before.
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-214
A RESOLUTION AUTHORIZING A LOAN, IN AN AMOUNT NOT TO
EXCEED $1,500,000 FROM THE H.O.M.E. LOAN PROGRAM, TO OLYMPIA
BUILDING PARTNERS, LTD., FOR USE IN THE REDEVELOPMENT OF THE
OLYMPIA BUILDING, LOCATED AT 174 EAST FLAGLER STREET, MIAMI,
FLORIDA, SAID LOAN SUBJECT TO THE REVIEW AND APPROVAL OF
THE CITY MANAGER.
(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
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Mr. Manager... Mr. Mayor, may I ask, inquire?
Mayor Clark: Surely.
Commissioner Plummer: You know, I think I can say this. Victor might kill me. I am very
concerned, and I'm saying that because I'm the one that's going to be running next. There is one
207 March 24, 1994
i
i
candidate already that's running in November that has got four -by -eight signs, political signs all
over this town. I'm not going to mention a name. They are orange in color. I'm saying to you
that if they're starting that today, God knows what it's going to be in the next couple of months.
Now, if Code Enforcement is worth their salt, I want to tell you that they ought to be out writing
violation notices in reference to these political signs that are absolutely destroying our landscape.
Mr. Odio: Commissioner there was an issue brought up at the Coconut Grove meeting on
Monday night that maybe we should rewrite an ordinance in which candidates would have to put
up a bond, that in case they failed to pick up...
Commissioner Plummer: You can't do it. Mr. Carrollo beat that in court, all right? I can tell
you that we tried that. We tried to get him to put up a $10,000 bond, and they beat it. What I'm
saying to you is that we've got to find a way. There are signs out for one candidate that ran last
November and there are hundreds of those signs still out.
Mr. Odio: By the way, I'm told by Lisa that Miami Beach has such an ordinance on the books,
and it's working.
Commissioner Plummer: Whatever it is, sir, I beg of you, I beg of you... And I'm the one that's
running, so they can't say that I'm ducking out for somebody else.
Mr. Odio: OK.
Commissioner Plummer: That somebody, for sure, address that issue, because if not, we are
going to be absolutely destroyed with signs. Thank you, Mr. Mayor.
Mayor Clark: All of my signs are down, I know that.
Commissioner Plummer. Yes, sir.
Mayor Clark: Every one. Skippy's got a bumper sticker on, and so do you.
Commissioner Plummer: I've still got one on my car for you.
Mr. Odio: The other question that came up was that a candidate named Miriam Alonso, the type
of signs they used. For instance, they have pasted signs in such a way that they will not come
off.
Commissioner Plummer: Well, I'll tell you how you get them off.
Mr. Odio: They can't get out.
Commissioner Plummer: You make another one just like it and put on the bottom of it, "This is
courtesy of discourteous." OK.
Mayor Clark: All right. The show is adjourned until - not adjourned, but in recess until 5:00
o'clock.
Commissioner Plummer: Definitely adjourned, definitely adjourned.
Mayor Clark: Definitely adjourned.
208 March 24, 1994
e
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 3:49 P.M. AND RECONVENED AT 5:00 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Mayor Clark: We are now convening at 5 o'clock for the zoning
portion of the agenda. Mr. Rodriguez.
Mr. Sergio Rodriguez: Yes, sir. Mr. Mayor, items...
Vice Mayor Dawkins: Mr. Mayor, before we get into the session. The resolution that you read,
giving a million... I mean loan to the housing, did we call the roll? Did you call the roll on that,
Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, sir, we did.
Vice Mayor Dawkins: It was passed?
Ms. Hirai: Yes.
Vice Mayor Dawkins: OK. Thank you.
Ms. Hirai: Yes.
j Vice Mayor Dawkins: Four to one.
Ms. Hirai: Four to one. Commissioner Plummer voted no.
Vice Mayor Dawkins: Right, sir. Go right ahead, sir, Mr. Rodriguez, please.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF REGULAR AGENDA ITEMS TO
CONSIDER ITEMS FROM THE PLANNING AND ZONING
PORTION OF THE AGENDA.]
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of March, 1994, the City Commission of Miami, Florida, met at its
Planning and Zoning meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida
in regular session.
209 March 24, 1994
The meeting was called to order at 5:00 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
A. Quinn Jones, III, City Attorney
Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
Cesar Odio, City Manager
NOTE FOR THE RECORD: At this point, agenda items PZ-5 and
PZ-7 are continued to April 28, 1994 meeting. Agenda item PZ-12
is withdrawn.
-------------------------------------------------------------------------------------------------------------------
58. (A) WITHDRAW PORTION OF AGENDA ITEMS PZ-1 AND PZ-2 DEALING
WITH LOT 75 (LOCATED AT 2515 S.W. 7 STREET) FROM APPLICATION
TO CHANGE FUTURE LAND USE ELEMENT FROM SINGLE FAMILY
RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION
AND UTILITIES.
(B) FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 401, 411, AND 455
S.W. 27 AVENUE FROM MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES TO OFFICE. (Applicant: Planning,
Building & Zoning Dept.).
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Mayor Clark: All right. Mr. Reiseman, you have an item that you wanted to withdraw.
Ms. Lourdes Slazyk: It's part of items PZ-1, 2, and 3.
Mr. Rodriguez: Yes. Mayor, and members of the Commission...
Commissioner Plummer: Are there any that are being deferred, Mr. Mayor?
Mayor Clark: Yes, sir. This is the first one that is being deferred.
Commissioner Plummer: And this item number is...
Mr. Sergio Rodriguez (Assistant City Manager): No, no, no.
210 March 24, 1994
OA)
Mr. Reiseman: No. No, no. This is part of PZ-1. We are asking for a deferral.
Mr. Rodriguez: This is not deferred.
Mayor Clark: He is asking for a deferral.
Mr. Reiseman: We are asking for a deferral. And we'd like 90 days within which to file our
own application.
Mayor Clark: Please, first of all, give us your name for the record.
Mr. Reiseman: My name is Harvey Reiseman, I'm an attorney, my offices are located at 46
S.W. 1st Street, Miami. I represent Mr. and Mrs. Jose and Elena Del Cueto who are the owners
of the property located at 1931 S.W...
Commissioner Plummer: Wait, wait.
Mr. Reiseman: Excuse me. The property is located at 2515 S.W. 7th Street. And it is one of the
four items, one of the four addresses listed as the subject matter of item PZ-1. With respect only
to the parcel which I have given the address for, 2515 S.W. 7th Street, we would ask for a
deferral and for 90 days period of time within which to study and prepare an application only
partly inconsistent with the City's.
Mr. Rodriguez: Mr. Mayor, rather than losing the rest of the item which is a comprehensive
zoning of the area, and comprehensive plan amendment, the Administration is willing to
withdraw that particular lot, which is lot number 75, at the address of 2515 S.W. 7th Street, from
f the application and then we will start that particular item separate from this.
Mr. Reiseman: That's fine with us.
Mayor Clark: Motion by the board.
Commissioner Gort: And then he won't have to pay the fee and all of that.
Mr. Rodriguez: Right. We will follow the whole thing ourselves.
Commissioner Gort: OK.
Mayor Clark: Is there a motion to withdraw that section of it?
Commissioner Gort: Move it.
Commissioner Plummer: Yeah, but he... Harvey, you will be responsible for paying the fee for
to refile.
Ms. Reiseman: Ouch!
Commissioner Plummer: Yeah.
Mr. Rodriguez: Commissioner.
Mr. Reiseman: We are being...
211 March 24, 1994
Mr. Rodriguez: I have to say this. This whole application was based on a mistake made by the
Department five years ago, a scrivener's error, in which we left a portion of the City out, and we
believe that we should start... We started the...
Commissioner Plummer: He doesn't mind paying for our mistakes.
Mr. Rodriguez: ...whole application ourselves. Pardon?
Commissioner Plummer: Let him pay for our mistakes.
Mr. Reiseman: No.
Mr. Rodriguez: Well.
Mayor Clark: Come on, let's go now. No more. We are trying to get out of here today.
Commissioner Gort: Move it.
Mayor Clark: Is there a second.
Commissioner Plummer: To... Yes, of course second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot. That section, but we are
going to hear PZ-1.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-215
A MOTION TO WITHDRAW THE PORTION OF AGENDA ITEM PZ-1
DEALING WITH LOT 75 LOCATED AT 2515 S.W. 7 STREET FROM THE
APPLICATION TO CHANGE THE FUTURE LAND USE ELEMENT FROM
SINGLE FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES.
Upon being seconded by Commissioner Plummer, the motion 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
NAYS: None.
ABSENT: None.
212 March 24, 1994
'0 bb
Commissioner Gort: Go to that section. We are going to hear the rest.
Mr. Reiseman: Thank you very much.
Mayor Clark: Now, the others... Mr., repeat that again on the other two, Sergio.
Mr. Rodriguez: This is in relation to item PZ-1.
Mayor Clark: Yes.
Mr. Rodriguez: And this is a portion that we are taking out and it affects also item PZ-2, Lot 75.
Ms. Slazyk: Yes, just to withdraw that lot from the rest of the application.
Mr. Rodriguez: The rest of the application you should hear it now, the presentation by the staff.
Mayor Clark: All right.
Mr. Rodriguez: Item PZ-1, 2 and 3 are related. And, she... and Ms. Lourdes Slazyk, from the
Planning Department, will make a presentation on that now.
Ms. Slazyk: OK.
Mayor Clark: Starting with one?
Ms. Slazyk: Yeah, one, two, and three. They are companion items. The same presentation will
hold for all three.
Commissioner Plummer: Is this a correction? Is this likewise a mistake made, and we are
correcting them?
Ms. Slazyk: Yeah.
Commissioner Plummer: Is there anybody here in opposition to this? If what I am been told,
Mr. Mayor, that this is merely a mistake that was made, and it is a correction, and there is no one
here in opposition, nobody here that wishes to speak to the issue, let's get over with it. I'll move
item one.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any exceptions? No person present wants to...
Commissioner Plummer: Read the ordinance. Call the roll.
Mayor Clark: All right. Call the roll.
213 March 24, 1994
AN ORDINANCE (being drafted by the Law Department)
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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
59. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 401, 411, AND 455 S.W. 27 AVENUE FROM R-4
MULTIFAMILY HIGH DENSITY RESIDENTIAL TO O OFFICE. (Applicant:
Planning, Building & Zoning Dept.).
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Likewise, no one here on two? Is there anyone wishing to speak on
PZ-2? I move it.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance. Call the roll.
214 March 24, 1994
AN ORDINANCE (being drafted by the Law Department)
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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
--------------- ---------------------------------------------------------------------------------------------------
60. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 225, 295, 311, 335, AND 345 S.W. 27 AVENUE, AND 2660 S.W.
3 STREET FROM R-4 MULTIFAMILY HIGH DENSITY, RESIDENTIAL TO O
OFFICE; AND AT 501 S.W. 27 AVENUE FROM R-4 MULTIFAMILY HIGH
DENSITY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; AND AT
2542 S.W. 6 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I
GOVERNMENT AND INSTITUTIONAL. (Applicant: Planning, Building & Zoning
Dept.).
Commissioner Plummer: Is there anyone here wishing to speak on PZ-3? Let the record reflect
no one came forth. I move it, Mr. Mayor.
Commissioner Gort: Second.
Mayor Clark: All right.
Joel Maxwell, (Assistant City Attorney): For the record, Sergio. It's possible that the address
that I just read included in it, the 2515, so if that is the case, it would be taken...
Commissioner Plummer: No, it wouldn't.
Mayor Clark: All right. Call the roll, Madam Clerk.
215 March 24, 1994
AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF: 225,
295, 311, 355 AND 345 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AND 2660
SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM R-4 MULTIFAMILY HIGH
DENSITY RESIDENTIAL TO O OFFICE; 501 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA, FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO G/I
GOVERNMENT AND INSTITUTIONAL; AND 2542 SOUTHWEST 6TH STREET,
MIAMI, FLORIDA, FROM C-1 RESTRICTED COMMERCIAL TO G/I
GOVERNMENT AND INSTITUTIONAL, ALL MORE PARTICULARLY DESCRIBED
HEREIN; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
61. REQUESTING CITY COMMISSIONS' APPROVAL TO GRANT SPECIAL
EXCEPTION TO RELOCATE DRIVE -THROUGH FACILITIES AT 3899 N.W. 7
STREET -- STIPULATE BUILDING PERMIT MUST BE OBTAINED WITHIN 12
MONTHS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: The next item.
Commissioner Plummer: Mr. City Manager.
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Commissioner Plummer: I personally would appreciate in the future when you say approved
with the conditions, that on my agenda you would stipulate on the agenda what the conditions
that you are recommending. Now...
Mr. Rodriguez: Which one you are referring to?
Commissioner Plummer: Now, is this for a bank?
Commissioner Gort: Yes.
Ms. Lourdes Slazyk: Yes. This is to relocate drive -through tellers.
Commissioner Plummer: OK. And how many stacking off-street are they providing?
216 March 24, 1994
Ms. Slazyk: They meet the ordinance.
Commissioner Gort: The whole lot.
Ms. Slazyk: They are not asking for any reduction. They meet the ordinance.
Commissioner Plummer: How many are... You know, they can be providing more.
Commissioner Gort: It's about twenty something.
Ms. Slazyk: They've got 30.
Commissioner Plummer: OK. And where does it empty on to? Is that on N.W. 7th Street?
Mr. Rodriguez: No. Thirty-nine. N.W. 39th Avenue.
Ms. Slazyk: It comes out on 9th Street.
Mr. Rodriguez: Ninth.
Commissioner Plummer: On 9th Street. OK. My question is, is that in a residential area?
Mr. Rodriguez: The zoning?
Ms. Slazyk: Yes.
Commissioner Plummer: No. Where you are emptying the traffic out of this bank facility, is it
where it's emptying in a residential area?
Ms. Slazyk: The north portion of 9th Street is R-3, and the southern portion is C-1.
Commissioner Plummer: Have you restricted there to their exiting by either a no left turn, or a
no right turn? So that...
Ms. Slazyk: That's not one of the conditions at this point. We asked them to...
Commissioner Plummer: Well, we can apply...
Ms. Slazyk: Yes, you can.
Commissioner Plummer: ... if it's necessary.
Ms. Slazyk: Yeah.
Commissioner Plummer: Now, my question is, is there anyone here of the residents that want to
speak to the issue? Do you feel that it's necessary, Mr. Manager, that we should consider
applying a condition of no left turns, or no right turns?
Mr. Rodriguez: No, sir.
Commissioner Plummer: You don't think it's necessary?
Mayor Clark: All right.
217 March 24, 1994
Commissioner Plummer: All right. I'll move item...
Mr. Rodriguez: The conditions that we have are the ones which are in the cover sheet of PZ-4
which relates to the set of plans making sure that it's only as approved. And the curb cuts which
are shown that will reflect the turn points that are necessary.
Commissioner Plummer: OK.
Mayor Clark: Read the ordinance into the record.
Commissioner Plummer: I move item 4.
Mr. Joel Maxwell (Assistant City Attorney): Four was a resolution, sir.
Mayor Clark: All right.
Mr. Maxwell: You just need a vote.
Mayor Clark: A motion and a second.
Commissioner Gort: I'll second it.
Commissioner Plummer: I moved it.
Mayor Clark: If there are no exceptions, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-216
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF
THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM
ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, RESTRICTED
COMMERCIAL, TO RELOCATE DRIVE -THROUGH FACILITIES FOR THE
PROPERTY LOCATED AT 3899 NORTHWEST 7TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED C-1
RESTRICTED COMMERCIAL, SAID SPECIAL EXCEPTION HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
218 March 24, 1994
Upon being seconded by Commissioner Gort, 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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: Next item.
Commissioner Plummer: Item 5, is it an appeal?
Commissioner Gort: It's withdrawn.
Commissioner Plummer: That's withdrawn.
Mr. Rodriguez: That item has been continued.
Commissioner Plummer: Continued. Deferred.
Mr. Rodriguez: To April 28.
NOTE FOR THE RECORD: Commissioner De Yurre
enters the meeting at 5:07 p.m.
219 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
62. (A) UPHOLD APPEAL AND REVERSE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR
CERTIFICATE OF APPROVAL (AFTER -THE -FACT) FOR
CONSTRUCTION OF A CHAIN LINK FENCE AT 3370 ROYAL ROAD
(LOCATED ALONG MAIN HIGHWAY'S SCENIC TRANSPORTATION
CORRIDOR).
(B) INSTRUCT CITY ATTORNEY TO PREPARE LEGISLATION TO AMEND
CODE IN ORDER THAT APPEALS OF THE HISTORIC
ENVIRONMENTAL PRESERVATION BOARD MAY BE HEARD AFTER
CURRENT DEADLINE OF 45 DAYS.
Mayor Clark: PZ-6. Mr. Jack Rice.
Commissioner Plummer: Where is "Puffy?"
Mayor Clark: He is coming over.
Commissioner Plummer: Mr. Manager, is this the same that we had before on Royal Road?
Where these fences that were pushed down by Andrew. I mean is this a similar case? That's
what I'm asking because...
Mr. Sergio Rodriguez (Assistant City Manager): No.
Commissioner Plummer: ...if it is, why would we have anything different there? We said that
they could put the fence up with the proviso that if the City ever wanted to increase the size of
the road, that they would have to take it down.
Mr. Jack Rice: That's not my problem.
Mr. Rodriguez: Commissioner.
Commissioner Plummer: OK. Then I stand corrected.
Mayor Clark: All right. Let's hear it from Mr. Rice.
Commissioner Plummer: Let's hear your problem. Excuse me, for the record, state your name,
and you have to be sworn in...
Mr. Rice: My name...
Commissioner Plummer: ...and anybody that is going to testify has to sworn in.
220 March 24, 1994
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Mr. Rice, for the record, are you a paid lobbyist? And are you
registered? I know the answer.
Mr. Rice: I'm registered. But...
Commissioner Plummer: OK. Proceed.
Mr. Rice: I don't know what... I haven't been paid yet.
Mayor Clark: All right. Continue, Jack.
Mr. Rice: My name is Jack Rice, Jr., I'm an attorney, and I represent Charles D. McCormick
who owns a property at 3370 Royal Road. First of all, I want to apologize for having to come
here on a fence problem because it seems so mundane to have problems with a fence. But our
fence on Royal Road was 1,600 foot long, and eight foot high, and on Main Highway there is a
rock wall, coral rock wall, with a chain link fence on top of it which is approximately 211 feet,
and then a right angle fence, eight foot high, running from the rock wall, approximately 90 feet -
60 feet - towards into Mr. McCormick's property and then turning 90 degrees and going to Royal
Road. Now, what the Planning... not the... the Historic Preservation Board did, they said - after
the hearing - that we'd have to remove the chain -link fence from the top of the coral rock wall.
And also remove the eight foot fence that runs from the coral rock wall 60 feet into Mr.
McCormick's property, and then 90 feet towards Royal Road. Well, our problem is this, this is a
security problem. First of all, we did not get the permit. We put up the fence without a permit
with the idea of getting the permit later. And the reason why we did this is that when the
hurricane came, it did $330,000 worth of damage to Mr. McCormick's property. It knocked all
the trees down, it took the walls and the trees... went over and dislocated the wall... tore the wall
down. And by the way, the wall had a wire fence on top of it. It was not a chain -link fence. But
it was an old time wire fence. By the way, it had... you know, there is burrs on the top, so you...
Commissioner Plummer: Barbwire.
Mr. Rice: Barbwire fence, yeah. So, here we have all this secure... and by the way, after the
hurricane knocked all of this down, the people in the Grove or wherever they are from, moved
on to Mr. McCormick's property and set up light housekeeping, build their buildings, did their
business, whatever else they did. It was a very dangerous situation. If you care, I will have my
witness testify as to the condition of the property after the hurricane. Do you want to come here?
This is Pete...
Mr. Pete De Fillipo: My name is Pete De Fillipo.
Mayor Clark: Give us your name please.
Mr. De Fillipo: My name is Pete De Fillipo. And I live at Mr. McCormick's, I'm the ground
keeper there. And the stone wall, and the fence on Main Highway was destroyed by Andrew,
and the fence man, all he did, is replaced the old fence. There was a fence there before. We lost
two dogs due to the fence being knocked down. And the people, as Mr. Rice said, were setting
up camp on the property. So, we really just put the fence back the way it was just to keep the
people out of there. It was like a war zone there. It was very dangerous.
221 March 24, 1994
Mayor Clark: Do we have anybody objecting to this? Well, you'll have a chance, just a
moment.
Mr. Rice: He's not objecting. I think he's helping me.
Mr. Jim McMaster: Compromise.
Mayor Clark: Well, let's hear what his compromise is, Jack.
Mr. De Fillipo: I'm finished, sir.
Mayor Clark: Thank you.
Mayor Clark: Give us your name.
Mr. McMaster: Jim McMaster, 2940 S.W. 30th Court. I was at the Heritage Preservation Board,
and I made this same compromise, and the board seemed to feel that it was appropriate. The
original state included both sides of Royal Road, and at some point they platted Royal Road on
both sides. However, Mr. McCormick's property still includes the one whole side of Royal
Road. So, if we are up on Main Highway, the first part of his property is set back 30, 40 feet...
60 feet from Main Highway. So, the Heritage Preservation Board said that the chain -link fence
coming from the corner of Royal and Main Highway all the way over to where the property
starts coming back out was appropriate, that he could keep the fence coming back out to Main
Highway. However, the piece of the fence on top of the coral rock wall right on top of Main
Highway next to the school would have to come down. That he could replace it with wrought
iron which you can see through which can have the little barbs on top that that keeps people from
climbing over.
Mayor Clark: Can you see through the type of fence that he has there now?
Mr. McMaster: Well, the problem with the chain -link is that Main Highway is a scenic highway.
And basically most of South Florida is not very attractive. Main Highway is one of the few
roads we have in South Florida that still retains some of its character.
Mayor Clark: Maybe he'll plant some vines on them or something.
Mr. McMaster: To let a landowner without building permits... I was reading the paper recently,
Mr. McCormick apparently pays more property taxes, residential, than anyone else in Dade
County. A hundred and... whatever thousand dollars a year. If we allow him to maintain a fence
that was put up without a permit, right on top of a scenic corridor, you know, how can you tell
anybody that they have to take out... some person from Little Havana who buys a house with an
addition that was built without permits. How do you tell anyone they can't take it down?
Mayor Clark: Is that what this is all about, Jack, that little piece of fence?
Ms. McMaster: I think... Mr. Mayor, I think the compromise is that if they would put wrought
iron... this is... I don't think this is satisfactory to Sarah, I think she's opposed to it. However,
the piece of the wall that is right up against Main Highway, take that and replace it with wrought
iron that's acceptable to the HEP (Historic Environmental Preservation) Board officer, Sarah
Eaton. I think that will be an acceptable alternative.
Mayor Clark: All right.
Mr. Rice: Well, we put up a chain -link fence on that wall because there was a wire fence on
there previously. And, Ms. Sarah Eaton recognized that and so stated that there was a wire -fire
222 March 24, 1994
fence on top of that wall before the hurricane. When the hurricane came it threw the wall down
so all the fence had to be replaced. Now, all we did was put a chain -link fence in place of a
fire... wire fence. It's new. It looks new. And it hasn't aged like that wire fence that was there
before. But my client was willing to put in whatever landscaping was necessary to hide that
chain -link fence from view. But you know that the State Act, the 74-400 that created the scenic
highway, stated that you can make changes in the scenic corridor by replacing substantially what
was there before. We are not doing anything but replacing substantially what was there before.
Commissioner Plummer: How many feet of the fence would you be putting in in the wrought
iron, as opposed to the chain link?
Mr. Rice: It's about 240 feet.
Mayor Clark: Let's hear this side first, Jack. And then we come back.
Mr. Ted Stall: My name is Ted Stall. I live directly across the street from Mr. McCormick's
residence for the last 20 years, 3120 Commodore Plaza. I have to state that after the hurricane
that most of your fence was torn down by the bulldozers for easy access on to the property, sir.
That fence, a large percent, of it stayed up. It was easy access to get from the front of the
property through the chain -link fence to directly 60 foot setback which was used by the City of
Miami, by Mr. McCormick to load tons and tons of debris. That's why that fence went down,
sir. That fence was up there through the hurricane. And the reason the fence has not been seen
over the many years is the area that was plowed down by the bulldozers collecting all the debris
has flattened the land now in front of the chain -link fence where there were small trees at one
time that hid the fence. Now the fence is very, very visible. And what we are all concerned
about is right next door is Carrollton School with the same coral rock fence, with the same poles
sticking out with no chain -link fence, just waiting for this hearing to approve yours, and we are
going to add some more chain -link fence all the way down in front of Carrollton School. I don't
understand why Mr. McCormick who can certainly afford a heavy landscaping in front of that
fence, and the whole problem would be solved. I think the board gave him that option. And you
said no.
Mr. Rice: No, they did not give us that option.
Ms. Stall: I think most of us would be very satisfied with the... the fence is there, now, that's up
to the committee here to say yes or no you can keep it. But a heavy landscaping with palms
and... areca palms or some kind of a landscaping in a year will hide the very problem we are
talking about. Now, the fence on top of the coral rock wall, I do feel it should be a decorative
fence, sir. Yes.
Mr. McMaster: If you go down to Miami Avenue, where Vizcaya is, they have the... like
chicken wire that drapes from pole to pole, and has bougainvillea on it. That is the kind of wire
fence that was on top of this wall. There were small metal poles about this high, and one strand
of wire going from pole to pole with some landscape on top of it. I think, again, we are talking
about 200 feet. This is the scenic corridor, I think that, you know, you should be required to
replace that section. It's a good compromise.
Mayor Clark: What is the pleasure of the Commission? Have you heard enough?
Mr. Rice: Could I just make a statement?
Mayor Clark: Absolutely.
Mr. Rice: I took pictures of everything on Main Highway there was not a wrought iron fence
anywhere on Main Highway. All of the fences were chain -link fences. Everyone of them from
223 March 24, 1994
Douglas Road up to where Mr. McCormick, and past Mr. McCormick. Directly across the street
from Mr. McCormick which would be south of St. Hugh's Church, is a four foot chain -link fence
sitting on top of the coral rock wall. And all the coral rock walls with exception of one have
chain -link fences on top of them. My client is being jeopardized as the only one because they
say he's got money. Well, that's not the criteria. He's not making any substantial change by
putting that chain -link.
Mayor Clark: You got those pictures?
Mr. Rice: And we will put decorative...
Mayor Clark: Landscaping.
Mr. Rice: ...bougainvillea, and so forth and so on. And by the way, that "L" shaped area which
is 90 foot by 60 foot, they said we also had to take that down. That's what they said. Well, there
is Sarah Eaton. She can tell you.
Mr. Rodriguez: Mr. Mayor, I have Sarah Eaton from the staff to make a presentation, a short
one.
Commissioner Plummer: Well, can I ask a question? This is a denial of an appeal. Now, who
made the appeal?
Mr. Rodriguez: Mr. Rice.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Rice made the appeal.
Commissioner Plummer: Mr. Rice. So, you were turned down at this Historic Board?
Mr. Rodriguez: We are recommending denial of the appeal. The appeal basically turned him
down, and told him...
Commissioner Plummer: It says here the Historic Preservation Board was for denial.
Mr. Rodriguez: Right.
Commissioner Plummer: OK. So, he is... Mr. Rice, is appealing that denial.
Ms. Eaton: Appealing the denial.
Mr. Rodriguez: Right.
Commissioner Plummer: OK. Did they give him any compromise other than what has been
stated here already?
Ms. Eaton: The compromise was wrought iron. They were very happy to entertain an
application for wrought iron which is what everyone else on Main Highway and in Coconut
Grove has been permitted to do.
Mr. Rice: There is not one wrought iron fence on that road.
Mayor Clark: You said that, Jack. We got that.
224 March 24, 1994
56T9 .
#"r
Mr. Rodriguez: May I add something to the record? Something that Mr. Rice said. There is a
property that just got a fence across from Franklin on Main that put coral rock all the way
through because they had to comply with the ordinance.
Mr. Rice: I understand they put coral rock to the right down the center of Coconut Grove. They
ought to. The noise is deafening there.
Mayor Clark: All right.
Mr. Rice: They did that voluntarily.
Mayor Clark: Let's move on now. What's the pleasure of the Commission?
Vice Mayor Dawkins: Before we get any further...
Mr. Rice: Could I just...
Vice Mayor Dawkins: ...is there, or is there not other wrought iron fences as stated?
Ms. Eaton: Yes, there are. The only chain -link fences...
Vice Mayor Dawkins: All right. So wait now, where... he says it's not. Give him the exact
locations of the wrought iron fences so that he can go see them.
Ms. Eaton: There is one at Main Highway and Hibiscus. I would have to look at a map to
identify the others. But that is the only... that and wrought... and coral rock are the only types of
fences or walls that the Preservation Board has ever approved. All of the chain -link fences
predate the ordinance, the board is actively trying to have those removed and make Main
Highway the scenic corridor that it really is.
Vice Mayor Dawkins: But if the wall was knocked down for the benefit of the City of Miami,
and for the residents of Coconut Grove, or that area, to move debris, why are we penalizing the
individual who allowed you to knock the wall down to clean up the area? Anybody.
Mr. McMaster: Well, this... the area that was knocked down is not in question. There is a large
part of this fence that is set way back from Main Highway where the debris was. And then the
piece that comes back out to Main Highway is not in question. It is only the piece that is on top
of the coral rock wall that is directly abutting Main Highway.
Vice Mayor Dawkins: OK. Thank you. Thank you, Mr. McMaster.
Mr. Rice: That is not so. Also that "L" shape cul-de-sac, that eight foot fence, they told me to
take that down also. And furthermore, they didn't give me a chance to make any sort of...
Mayor Clark: Wait just a minute, let him finish.
Mr. McMaster: Well, I think a good compromise would be to overrule the HEP board, if that is
what they said. I'm not sure if it is or isn't. But whether they said that or not, overrule the HEP
board, tell him he can keep the chain -link fence from Royal Road down all the way out to Main
Highway, and then simply replace the section that's on top of the coral rock wall. I know Sarah
is not for that, but I'm saying that's a good compromise between what Sarah wants and what Mr.
McCormick would like.
Mayor Clark: What do you think, Jack, is that all right?
225 March 24, 1994
Mr. Rice: Well, why should we be treated differently than anybody else on Main Highway?
The statute doesn't say we got to remove it or give them any right to say some alternate. It says
we can make substantial changes on the fence as long as it maintains the area. We are replacing
a wire fence with a wire fence. It's true it's a chain -link, but you know, when we put those
hundred plants there, you won't be able to see that chain -link fence. And you know, if...
Mayor Clark: You are willing to put the plants there too?
Mr. Rice: Put the plants there. But you know...
Mayor Clark: That's what you were asking about.
Mr. Rice: ...if they tell us to tear all this down, what is going to keep the people from coming in
to Mr. McCormick's property like they did before? They, set up housekeeping there. That was
really our problem.
Mr. Stall: Directly across the street is St. Hugh's Catholic Church. You should see the fence
they put in, and it's certainly not a chain -link fence. It's bronze aluminum, and it's beautiful.
That's all we are asking him to do.
Mr. Rice: That was put up about 60 years after Mr. McCormick moved into this property.
Mr. Stall: They put it up exactly nine months ago, Mr. Rice, around St. Hugh's Catholic Church,
sir.
Commissioner Plummer: Go ahead.
Mr. Stall: Nine months ago.
Mayor Clark: All right. The pleasure of the Commission. I got enough to make a decision.
What do you say, gentlemen?
Commissioner Gort: What's the Department's recommendation?
Mr. Rodriguez: It's to uphold the recommendation... the decision by the Heritage Conservation
Board for denial.
Commissioner Gort: What is the decision? What was the...
Mr. Jones: A denial to...
Mr. Rodriguez: Upholding the denial.
Ms. Eaton: Denial of the appeal.
Mr. Rodriguez: Denial of the appeal.
Commissioner Gort: I understand that, but the... What is the original order that was given to
him, to knock down the fence?
Mr. Rodriguez: I think what we were telling him was to either built it on a coral rock fence all
the way through, or a wrought iron fence like we have required everybody else in Main
Highway.
226 March 24, 1994
Mayor Clark: All right.
Commissioner Gort: OK.
Commissioner Plummer: Well, did you get a second?
Commissioner Gort: No, I haven't made a motion. I'm just asking now.
Commissioner Plummer: Oh. Let me ask a question. You know, I...
Vice Mayor Dawkins: You can't discuss a motion if there is no second. Wait for a second.
Commissioner Plummer: OK. I... No, he said he didn't make a motion.
Commissioner Gort: I didn't make a motion, I just asked a question.
Mayor Clark: Well, let's get a motion here pretty soon or we'll be here till it freezes.
Vice Mayor Dawkins: So move the appeal.
Mayor Clark: You move to uphold the appeal?
Commissioner Plummer: May I... OK.
Mayor Clark: Now, is there a second?
Commissioner Plummer: You are second it?
Commissioner Gort: The motion is to...
Mayor Clark: To uphold his position. Right?
Commissioner De Yurre: To uphold his... provided we can get the foliage to cover...
Mayor Clark: The landscaping.
Commissioner De Yurre: The land... yeah, sure.
Commissioner Plummer: Well, that was the question that I was going to ask. If the chain -link
fence is presently there, is that correct?
Mr. Rodriguez: Right.
Commissioner Plummer: OK. Is it possible that we could require such dense foliage that you
could not see the fence, and leave the fence as it is?
Ms. Eaton: It can be a condition....
Mr. Rodriguez: Yes.
Ms. Eaton: But there can be no guarantee that that foliage would continue to survive.
Commissioner De Yurre: So, why don't we put the foliage first and then we put the fence.
227 March 24, 1994
Commissioner Plummer: Well, excuse me, it can be a guarantee and I'll tell you how. We put a
review. OK. We'll put a one year review, and after that if it's still good, we'll put a two year
! review, everyone after that, and if it's not then adequate, then we'll make them take it down
later.
Mr. Stall: And how about the coral rock wall, Mr.?
Commissioner Plummer: I'm sorry.
Mr. Stall: How about the coral rock wall? That fence... there is no way to landscape that, sir.
Commissioner Plummer: Well, you are putting... is it my understanding you are putting
landscaping in front of the whole thing.
Mr. Stall: No.
Mr. Rodriguez: No.
Mr. Stall: No, the coral rock wall abuts right up to the bicycle tar path which is on City property.
Behind the coral rock wall is Mr. McCormick's property with a fence on it.
Mr. Rice: I want to tell you that is not City property. The property line goes out into Main
Highway.
Commissioner Plummer: Mr. Mayor, let me tell you, I'd like to defer this and go look at it.
Commissioner Gort: Yes.
Commissioner Plummer: I'm getting damn well confused here.
Mr. Jones: We can't, Mr...
Commissioner Plummer: What?
Mayor Clark: All right, motion to defer...
Mr. Jones: You can't defer this item.
i Mayor Clark: Motion to defer takes precedence. Is there a second?
Mr. Jones: Mr. Mayor, you have a problem with deferring this item.
Commissioner Plummer: What?
Mr. Jones: Appeals of this nature have to be by Code heard within 45 days mandatory from the
time of appeal. And there is no Commission meeting subsequent to this that would satisfy that
time period.
Mayor Clark: There is a motion to defer.
j
Commissioner Plummer: No, he said we can't. I don't understand that.
Mr. Jones: The Code says...
228 March 24, 1994
Commissioner Plummer: Well, then we need to change the Code.
Mr. Jones: Well, you can amend the Code. But right now, it...
Mayor Clark: Please, please.
Mr. Jones: ... absolutely requires you to hear this type of appeal within 45 days.
Mayor Clark: Next case. We have a motion on the floor by Mr...
Vice Mayor Dawkins: I second. I second.
Mayor Clark: You second the motion.
Vice Mayor Dawkins: Wait a minute now, what motion... I second...
Mayor Clark: De Yurre's motion.
Vice Mayor Dawkins: ...De Yurre's motion.
Mayor Clark: And that's heavy foliage covering the fence. All right. Anything further? We
tried... you've tried your best. Call the roll.
Commissioner Plummer: I don't know which way to vote.
Mayor Clark: Well.
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-217
A RESOLUTION UPHOLDING AN APPEAL AND REVERSING THE
DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD, WHICH DENIED AN APPLICATION FOR A CERTIFICATE OF
APPROVAL FOR THE CONSTRUCTION OF A CHAIN LINK FENCE, AFTER -
THE -FACT, AT 3370 ROYAL ROAD, MIAMI, FLORIDA, LOCATED ALONG
THE MAIN HIGHWAY SCENIC TRANSPORTATION CORRIDOR.
229 March 24, 1994
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: As long as I'm assured that the chain -link fence will not be seen, and
that the guarantee of the landscaping...
Mayor Clark: Cross your heart.
Commissioner Plummer: ...will be there with a review, an annual review, with the
understanding, if in fact it is not adequate, it will force another hearing back before this
Commission. I vote yes.
Mr. Rice: Yes, sir. That's all right. Thank you very much.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: That does stipulate, Jack, with the Departmental review.
Mayor Clark: PZ-7 has been continued. Is that right.
Commissioner Plummer: Mr. Mayor, excuse me. I am upset to the extent that we cannot defer
an item to go see it if we want. And if it takes a change of the Code...
Mayor Clark: We are going to change it.
Commissioner Plummer: ...to extend that period to whatever it is necessary, I would like to
make the motion at this time. Now, Mr. Legal Beagle, what do I need... What's the motion I
need to make?
Mr. Jones: Directions to staff to amend the ordinance to extend to six months to...
Commissioner Plummer: I so move.
Mr. Jones: ...to remove it altogether, whatever you so desire.
Vice Mayor Dawkins: Second it for discussion. Go ahead.
Mayor Clark: All right.
230 March 24, 1994
Commissioner Gort: I'd like to ask a question, Mr. Mayor. We cannot defer. Can we continue?
Commissioner Plummer: No.
Commissioner Gort: We are hearing it...
Mr. Joel Maxwell (Assistant City Attorney): No. What happened is that, that particular
ordinance that amended that section had a provision in it that said that you had to make a
decision within 45 days.
Commissioner Gort: So we have to make a decision?
Mr. Maxwell: Yes, sir.
Commissioner Gort: I see. OK.
Mayor Clark: All right. Here we go. How about Agenda P-Z 7, Sergio?
Vice Mayor Dawkins: Second.
Commissioner Plummer: No, sir. Can we take a vote on the...
Mayor Clark: All right. Call the roll.
Commissioner De Yurre: Well, what's the vote?
Commissioner Plummer: The matter, Joel, is to make it six months?
Mayor Clark: To do away with that 45-day limitation.
Commissioner De Yurre: Well, can we just amend it to say that it has to be before us within that
period; then we can always defer it?
Mr. Maxwell: Yes, sir, you can do whatever you want.
Commissioner Plummer: Whatever, just so that we have the right, if we want, to defer.
Commissioner De Yurre: As long as it's in the ball park, then we can always extend it.
Mayor Clark: Call the roll.
Commissioner Plummer: Fine.
Mr. Maxwell: You can say, for instance, it has to be placed on an agenda within 45 days...
Mayor Clark: Call the roll.
Mr. Maxwell:... taken up on first reading, or take, you know...
Commissioner Plummer: That's fine.
Mayor Clark: Please, call the roll.
231 March 24, 1994
Mr. Maxwell: We can do whatever you like on that.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO.94-218
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE
LEGISLATION TO AMEND THE CITY CODE IN ORDER TO EXTEND THE
TIME PERIOD WITHIN WHICH HISTORIC ENVIRONMENTAL
PRESERVATION BOARD APPEALS MUST BE CONSIDERED AND
RESOLVED BY THE CITY COMMISSION FROM THE PRESENTLY
INSTITUTED 45 DAY PERIOD TO A PERIOD OF SIX MONTHS.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
ABSENT: None.
232 March 24, 1994
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63. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 401
(SCHEDULE OF DISTRICT REGULATIONS) -- TO ALLOW: (1) A CELLULAR
COMMUNICATIONS SITE AS A CONDITIONAL ACCESSORY USE IN R-3, R-4, O
AND CBD DISTRICTS; (2) A CELLULAR COMMUNICATIONS SITE WITH
"MISCELLANEOUS ANTENNAS" AS A CONDITIONAL PRINCIPAL USE IN C-1,
C-2, I, SD-4, SD-5, SD-6, SD-6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS;
AND PROVIDING CONDITIONS THEREFOR, TO ALLOW "TRANSMISSION
TOWERS" OF LESS THAN 150 FEET IN HEIGHT AS PERMITTED PRINCIPAL
USES IN C-2 AND I DISTRICTS -- PROVIDING DEFINITIONS FOR "CELLULAR
COMMUNICATIONS SITE", "MISCELLANEOUS ANTENNAS" AND
"TRANSMISSION TOWERS".
Mayor Clark: Number P-Z 8.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-8 is a second reading on an ordinance that
relates to a zoning ordinance amendment, transmission towers. I believe you...
Vice Mayor Dawkins: Move it.
Commissioner Gort: Move it.
Mayor Clark: Are there persons interested in speaking on item number PZ-8? Hearing none.
Commissioner Plummer: Does this ordinance call for any City revenue of their placing
antennas?
Mr. Rodriguez: Revenue as they apply for the permits.
Commissioner Plummer: OK.
Mr. Rodriguez: You know, like any other permit that has to be applied for.
Commissioner Plummer: OK. And this has been run by the FAA (Federal Aviation
Administration)? When you're up this high, it could pose a problem with helicopters and others.
Mayor Clark: I think you have to get a permit from them before you come here, J.L.
Mr. Rodriguez: Right. If there is a...
Commissioner Plummer: OK, if that's the case.
Mayor Clark: OK. Now, have you got to read the ordinance on this?
Mr. Maxwell: Yes. sir.
Mayor Clark: Call the roll, Madam Clerk.
233 March 24, 1994
kv�
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING SECTION 401, THE SCHEDULE OF DISTRICT REGULATIONS,
THEREBY ALLOWING: (1) "CELLULAR COMMUNICATIONS SITES" AS A
CONDITIONAL ACCESSORY USE IN THE R-3, R-4, 0 AND CBD DISTRICTS AND
SPECIFYING CONDITIONS THEREFOR; (2) CELLULAR COMMUNICATIONS
SITES" WITH "MISCELLANEOUS ANTENNAS" AS A CONDITIONAL
PRINCIPAL USE IN THE C-1, C-2, I, SD-4, SD-5, SD-6, SD-6.1, SD-7, SD-16, SD-
16.1 AND SD-16.2 DISTRICTS AND SPECIFYING CONDITIONS THEREFOR; (3)
"TRANSMISSION TOWERS" AS A CONDITIONAL PRINCIPAL USE ONLY BY
SPECIAL EXCEPTION IN THE O, C-1, SD-4, SD-5, SD-6, SD-6.1, SD-7, SD-16, SD-
16.1 AND SD-16.2 DISTRICTS AND PROVIDING CONDITIONS THEREFOR; (4)
"TRANSMISSION TOWERS" OF LESS THAN 150 FEET IN HEIGHT AS
PERMITTED PRINCIPAL USES IN THE C-2 AND I DISTRICTS; PROVIDING
DEFINITIONS FOR CELLULAR COMMUNICATIONS SITES,"
"MISCELLANEOUS ANTENNAS" AND "TRANSMISSION TOWERS";
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
i Passed on its first reading by title at the meeting of January 27, 1994, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Dawkins, seconded by
Commissioner Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11135.
234 March 24, 1994
ff
---------------------- --------------------------------------------------------------------------------------------
64. FIRST READING ORDINANCE: AMEND 11000, ARTICLE 25, SECTION 2502
(SPECIFIC DEFINITIONS) TO ADD DEFINITIONS FOR "EMPLOYMENT
OFFICE", "LABOR POOL", AND "HIRING HALL" -- AMEND ARTICLE 4,
SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) TO ALLOW
EMPLOYMENT OFFICES AS A PERMITTED PRINCIPAL USE IN C-1
RESTRICTED COMMERCIAL DISTRICTS -- PERMIT HIRING HALLS AND
LABOR POOLS AS A CONDITIONAL PRINCIPAL USE IN C-1 DISTRICTS BY
SPECIAL EXCEPTION ONLY.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Plummer: Item P-Z 9. I'll move it with a stipulation that says they can have this
facility in a C-1, but it must force a hearing before this Commission for approval.
Mr. Sergio Rodriguez (Assistant City Manager): That's the way it is now.
Vice Mayor Dawkins: Second.
Mayor Clark: That's the way it is now. All right. No person wants to speak on this item? Call
the roll, Madam Clerk.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 25, SECTION 2502, "SPECIFIC DEFINITIONS", TO ADD DEFINITIONS
FOR "EMPLOYMENT OFFICE", "LABOR POOL", AND "HIRING HALL"; BY
AMENDING ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT
REGULATIONS" TO ALLOW EMPLOYMENT OFFICES AS A PERMITTED
PRINCIPAL USE IN C-1 RESTRICTED COMMERCIAL DISTRICTS; TO PERMIT
HIRING HALLS AND LABOR POOLS AS A CONDITIONAL PRINCIPAL USE IN C-
1 DISTRICTS BY SPECIAL EXCEPTION ONLY; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
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
NAYS: None.
ABSENT: None.
235 March 24, 1994
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65. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND CODE SECTION 62-61 (SCHEDULE OF
FEES, SPECIAL FEES) TO REDUCE THE GARAGE SALE PERMIT FEE.
Commissioner Plummer: I'll move item P-Z 10 with...
Vice Mayor Dawkins: Just a minute. Let this gentleman, Mr. Mayor. Did you want to be heard,
sir?
Unidentified Speaker: No. I'm OK.
Vice Mayor Dawkins: OK, sir.
Commissioner Plummer: I'll move item 10 for discussion.
Vice Mayor Dawkins: Second for discussion.
Commissioner Plummer: My neighbors are upset about unlimited amount of garage sales by one
individual. Does this cover the number that are permitted?
Unidentified Speaker: No.
Sergio Rodriguez (Assistant City Manager): You have already an ordinance that limits the
number of garage sales to two per year.
Commissioner Plummer: Why is it not being enforced?
Mr. Rodriguez: It's not being enforced partly because there have been no staff going on
Saturdays to see it. That's what I have been told by some of the inspectors.
Commissioner Plummer: So in other words, the ordinance is totally ineffective, since you have
no staff here to do it.
Mr. Rodriguez: Well, what I have been told is there are two things. That the price that we have
for the permit is so high that people don't follow it; and second, that the other issue is that we
don't have inspectors attending on Saturday, but I do believe that the NET (Neighborhood
Enhancement Team) administrators are taking care of that, once we have this ordinance in place.
Commissioner Plummer: How much is the fee presently?
Mr. Rodriguez: Presently it's $20.
Commissioner Plummer: $20?
Mr. Rodriguez: $20.
Commissioner Plummer: And you want to reduce the fee?
Mr. Rodriguez: To reduce it to $5.
236 March 24, 1994
Commissioner Plummer: Why?
Mr. Rodriguez: There would be no excuse by anybody that...
Commissioner Plummer: You can't process an application for $5.
Mr. Rodriguez: This request came from the NET offices to try to make sure there would be no
excuses in case...
Commissioner Plummer: Sure, it's not their money. They don't give a damn. I would vote
against this issue. I think $20 is reasonable. It costs us more than $20 to process the fee.
Mayor Clark: Is this item prepared by you, processed by you, Mr. Rodriguez?
Mr. Rodriguez: Right. It was processed by us at the request from the NET Administration.
Mayor Clark: What's the pleasure of the Commission?
Commissioner Plummer: I move to defer.
Mayor Clark: Is there a second. Table.
Commissioner Plummer: Table.
Mayor Clark: Cast a unanimous ballot.
Mr. Joel Maxwell (Assistant City Attorney): Continued to the next meeting.
Mayor Clark: Item number 11.
Commissioner Plummer: The meeting in 1999.
[AT THIS POINT, ITEM PZ-10 WAS TABLED.]
-------------------------------------------------------------------------------------------------------------------
66. FIRST READING ORDINANCE: AMEND CODE SECTIONS 54-8 AND 54-9,
THEREBY PROHIBITING DISPLAY OF GARAGE SALE OR SIMILAR SIGNS ON
THE PUBLIC RIGHT-OF-WAY.
Commissioner Plummer: The next one is the signs and garage sales, right? And what are you
going to do about all the signs on the banyan trees completely along Coral Way?
Mr. Sergio Rodriguez (Assistant City Manager): That's precisely what we're trying to do. It is
not clear...
Commissioner Plummer: But you don't have anybody on Saturdays. So how are you going to
enforce it?
Mr. Rodriguez: We're are going to have to... Again, in the past, we have been told by the
enforcement inspectors that...
237 March 24, 1994
Commissioner Plummer: Is that code enforcement?
Mr. Rodriguez: It's under NET (Neighborhood Enhancement Team), sir, NET inspectors. It's
the same as the City.of Miami, and that they haven't had a clear language. And this is clarifying
the language so that there will be no misunderstanding that they cannot put it on the medians or
any other part of the right-of-way.
Commissioner Plummer: How much will it cost them per sign?
Mayor Clark: $50.
Commissioner Plummer: How much?
Unidentified Speaker: To remove the sign?
Commissioner Plummer: No. If they violate this ordinance, how much will you charge them for
a penalty for every sign they put in a tree?
Mr. Rodriguez: It can be taken to the Code Enforcement Board, or it can be given a ticket. If it
goes to the Code Enforcement Board, the first violation is $250 per day max; second violation,
up to $500 per day. If it is in the case of ticketing, you can give a ticket up to $500 for the first
time.
Commissioner Plummer: OK. So I'll expect to see those revenues coming in. I'll move item
11.
Mayor Clark: Ed, do you want to speak on this? All right. Fine. Is there a second?
Commissioner Gort: Second.
Mayor Clark: All in favor, signify by saying "aye." Call the roll.
AN ORDINANCE AMENDING SECTIONS 54-8 AND 54-9 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY PROHIBITING THE
DISPLAY OF GARAGE SALE OR SIMILAR SIGNS ON THE PUBLIC RIGHT-OF-
WAY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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
NAYS: None.
ABSENT: None.
Mayor C'iark: Item 12 has been withdrawn.
238 March 24, 1994
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67. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO ACCEPT THE VIRRICK GYM AT DINNER KEY STUDY
(DATED MARCH 1994), WHICH PROPOSES REUSE OF VIRRICK GYM, AND
ADJACENT HANGARS, FORMERLY KNOWN AS MERRILL STEVENS DRY
DOCK AND THE IMMEDIATE SURROUNDING OPEN SPACE (See label 69)
Mayor Clark: Item P-Z 13.
Mr. Joe McManus: Mr. Mayor and members of the Commission, item 13 is the Planning
Department study of the Virrick Gym at Dinner Key. I call your attention to the change in the
request recommending the City Commission accept the study. Previous to that, there was a
request that the Commission approve the study in concept. Taking you through the process, we
had a meeting on December 21st of '93, followed by a charrette on January 22nd of this year, at
the Coconut Grove Sailing Club, that ran - it was on a Saturday - it ran from 9:00 o'clock to 3:00
o'clock. A hundred and twenty people attended, divided into nine teams. They prepared a
summary which was discussed at that meeting. Since then, we've had a meeting on February
15th, again discussing it. Subsequent to that, a series of City boards have reviewed the study.
Your Waterfront Board reviewed this on March the Sth, and unanimously approved the
principles of the charrette with one notable change. The Historic Preservation Board on March
the 15th reviewed the study, supported the study, supported the charrette, and urged the
Commission to issue Requests for Proposals (RFPs) based on the study. The Planning Advisory
Board unanimously approved, in concept, the study, supported the charrette, urged
implementation of the charrette, and that was on March the 16th. In terms of the historical
importance of the site, the two hangars... the two hangar buildings are listed on the National
Register of Historic Places and are also designated of local historic importance by the Historic
Board. We believe, from the research we have conducted, that the Virrick Gym is also eligible
for designation on the National Register for Historic Places. Going now to the plan. Following
from the charrette, on January 22nd, there were clear directions, principles, goals and objectives
that were adopted by the group. They gave us clear direction on preparation of a plan, and that
plan has been presented, is included in the study. The plan recommends that for the Virrick
Gym, that, that be retained and restored as a sailing center. We have had expressions of interest
from Shake -a -Leg, which runs a handicap program revolving around sailboats and sailing.
We've had expressions of interest from other sailing groups in joining with Shake -a -Leg in use
of that facility. In the machine shop, which is one of the two hangar buildings, we are
suggesting that be retained and restored and reused as an historical museum, perhaps using Pan
American Airways, a Coast Guard museum, a marine historical museum, and we have had an
expression of interest from the Historical Museum here in Dade County to use this as an annex
to their main facility in downtown Miami. They are very much interested. We have a letter
from Randy Nimnicht, the executive director, which is included in your package. In terms of the
larger hangar...
Mayor Clark: Sir, would you wait just a moment. Have somebody bring that picture down.
This doesn't really tell the story. Can you bring it down right now? I have a big, beautiful
picture of the whole area, and aerial view, and then you can tell my colleagues and myself, and
let the people see it. Because, you, know, you only see it from ground level. Well, he's going to
bring mine down, too. Just give us about two minutes.
Commissioner Plummer: Joe, I would hope when you're going along this and you're making
these different particular items, you would give an anticipated cost factor, that what you think
239 March 24, 1994
these items are going to cost to try to accomplish the things that you're looking at in these
particular cases.
Mayor Clark: I think what Mr. Plummer is saying is everything is perfect, but "where's the
beef?" Right, J.L.?
Commissioner Plummer: I'm sorry?
Mayor Clark: "Where's the beet?"
Commissioner Plummer: Oh, yeah. Where's the money coming from? That's...
Mayor Clark: Make a lot of promises, but you just promised, and that's all. When you see this
photograph - it's a photograph, it's about a month old - it's the most beautiful photograph of this
whole area, and you can really see it.
Commissioner Plummer: Yeah. I was out there telling them good-bye.
Commissioner Gort: It was taken in 1940. J.L. was...
Commissioner Plummer: That's probably true.
[AT THIS POINT, ITEM PZ-13 WAS TABLED. SEE LABEL 69]
-------------------------------------------------------------------------------------------------------------------
68. IMPLEMENT RECOMMENDATIONS OF CITY'S BOARDS AND COMMITTEES
REVIEW COMMITTEE. (See labels 18, 20 & 27)
Commissioner De Yurre: Mr. Mayor, while we're waiting...
Mayor Clark: Yes, sir.
Commissioner De Yurre: ... if I could quickly go through this. "A resolution adopting the
recommendations made by the City's Boards and Committees Review Committee, and the report
to the Mayor and the City Commission, dated January 31, 1994, instructing the Administration
to implement said recommendation." According to the Administration, we need that to go ahead
with what we had planned about recommending, the recommendations and implementation of
the committee.
Commissioner Plummer: Second.
Mayor Clark: Well, you got a resolution?
Commissioner De Yurre: Yeah, I just read it.
Mayor Clark: All right. Do you want to move it right now?
Commissioner De Yurre: Yeah. Call the roll.
Mayor Clark: Set it on the easel here, and then you can explain it, Joe, just to...
240 March 24, 1994
Commissioner Plummer: This is what you're saying we have to do to implement.
Commissioner De Yurre: That's right.
Mayor Clark: All right. Now, stand around here and you can see what you're talking about, Joe,
and everyone else, if they want to.
Commissioner De Yurre: Unanimous ballot. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: Unanimous ballot on this?
Mayor Clark: Yes.
Commissioner De Yurre: OK.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO.94-219
A RESOLUTION, WITH ATTACHMENTS, ADOPTING THE ADDITIONAL
RECOMMENDATIONS MADE BY THE CITY'S BOARDS AND COMMITTEES
REVIEW COMMITTEE AS CONTAINED IN THE REPORT TO THE MAYOR
AND THE CITY COMMISSIONERS DATED JANUARY 31, 1994, AND
DIRECTING THE CITY MANAGER TO IMPLEMENT SAID ADDITIONAL
RECOMMENDATIONS.
(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:
241 March 24, 1994
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
I.: �aZW_ Z•fL_
---------------------- --------------------------------------------- ------------------------------------------------
69. (Continued discussion) ACCEPT THE VIRRICK GYM AT DINNER KEY STUDY
(DATED MARCH 1994), WHICH PROPOSES REUSE OF VIRRICK GYM, AND
ADJACENT HANGARS, FORMERLY KNOWN AS MERRILL STEVENS DRY
DOCK AND THE IMMEDIATE SURROUNDING OPEN SPACE -- DIRECT CITY
MANAGER TO REQUEST ARCHITECTURAL FIRMS TO DONATE PRO BONO
SERVICES AND WORK WITH REPRESENTATIVES OR SHAKE -A -LEG TO
DEVELOP A RENDERING OR A DRAWING -- FURTHER, TO WORK JOINTLY
WITH EDUARDO PADRON (MIAMI-DADE COMMUNITY COLLEGE)
REGARDING POSSIBLE GRANT APPLICATIONS FOR SAID PROJECT. (See label
67)
Commissioner Plummer: I can see most of it. No, just move it over another foot, and it'll be
fine. That's fine.
Mr. Joe McManus: Mr. Mayor, this is a terrific picture of City Hall and Spencer Meredith's
Grove Key Marina, but I'm not sure that you can see the additional buildings...
Mayor Clark: I can see the two buildings you're talking about right there.
Mr. Cesar Odin: (City Manager): See the black building over there? See the black roof? The
black roof.
Mayor Clark: Those two buildings, and there's the other one. This gives you a perspective of
what's there, not some drawing.
Mr. McManus: The proposal for the larger building for the hangar was to use that as a part of a
full service boatyard. Going back to Commissioner Plummer's question, there's approximately
$800,000 available in FEMA funds for the Virrick Gym.
Commissioner Plummer: How much?
Mr. Stuart Sorg: Eight hundred.
Mr. McManus: Eight hundred. That will bring it back to what it was before, and will not
materially improve it. For that, we would have to rely on Requests for Proposals. For example,
to Shake -a -Leg, to respond to a Request for Proposals. Under the recent Charter amendment
adopted last fall, Shake -a -Leg, as a nonprofit organization, could apply to the City in response to
the Request for Proposals. They would not... They would still have to meet fair market value.
But that would be for this Commission to consider.
242 March 24, 1994
Commissioner Plummer: Give us an idea, Joe. If you're saying the $800,000 would restore it to
what it was, it was a piece of junk before. Now, to bring it up to what would be something
accreditable, that everybody would be proud of, what are you talking about, total dollars?
Mr. McManus: I have no idea. We haven't done those studies.
Commissioner Plummer: Well, you know, if you don't have those ideas, I don't know how you
can...
Mayor Clark: Well, that's what we can... Got any estimates on it or anything else?
Mr. McManus: Well, we were asked to come up with a use study.
Mayor Clark: Well, the use of it in what condition?
Commissioner Plummer: Yeah, but you know, it's...
Mr. McManus: Depending on the use, if Shake -a -Leg uses it, you're talking one cost scenario.
If somebody else were to use it, you might be talking another cost scenario.
Mayor Clark: It's going to be a multiple use. It can't be just for Shake -a -Leg, not what...
Mr. McManus: Well, we talked with additional sailing groups.
Commissioner Plummer: Well, I got to tell you, very quickly, to spend money on Virrick Gym
to take it back to what it was before Andrew is a waste of money. I mean, nobody was proud of
that thing before, and unless you can sit here and say to me this is what it's going to cost to bring
it up to what is something we may be proud of and not know what that is, are you saying an
outfit like Shake -a -Leg would have to go out and raise the money to supplement that? Is that
what you... I mean, where would the additional funds be coming from?
Mr. McManus: You'd have to be looking at Shake -a -Leg, in a response to a Request for
Proposals.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Now, that's true and not true. Every time the disabled come before us,
we always find ways to tell them what cannot be done. We don't tell them, "This is how we will
do .it." There's Federal dollars for the handicapped. There's State dollars available for the
handicapped. All the City of Miami has to do is find out where the money is, prepare the
proposals for grants saying what we're going to do. Even if you become the first model for the
United States of America, in providing a center for the handicapped and those who are not
handicapped to use collectively, the money is there. All you got to do is find the method,
wherever the Federal Government is sending money down, and apply. So don't sit here and say
that we cannot do this because Shake -a -Leg has to go find the money. The City of Miami has
grant writers. Miami -Dade Community College has grant writers, everybody. So get a team of
people to sit down to write some grants, and let's get the money.
Mr. McManus: I mentioned that the smaller of the two hangar buildings, the machine shop, the
use proposal there was for the Historic Museum. Once again, there is some insurance money
available for restoration of the building, but the Historical Museum would have to respond to a
Request for Proposals from the City in terms of restoring that building further, to what they
wanted to do with it. That would all be subject to the City Commission. And again, with the full
243 March 24, 1994
e)
service boatyard, restoring the main hangar building, there's some insurance money available,
but again, that would all be subject to the Request for Proposals for the full service boatyard.
The other items with regard to the plan, there is continuation of the launching ramp, continuation
of the current Shake -a -Leg dock, mention of a baywalk along the bayfront, the reconstruction of
the marina outside the - out in the water opposite the hangar buildings, and the beautification
along Bayshore Drive. Now, some of these items, or course, we could apply for grants, for the
baywalk and along Bayshore Drive, and the area that is shown as open space next to the parking
lot. In summary, the Planning Department supports the recommendations of the charrette.
We're very comfortable with our own study here, and we'd recommend that the Commission
think about taking the next steps and direct the Administration to proceed to issue RFP's.
Mayor Clark: Well, an RFP, Joe, it says: "The Cocoanut Grove Village Council recommends
the City of Miami authorize the Manager to advertise for professional services of qualified
marine architects and engineers." You're going start all over again, then, right? Direct the
design concept to develop... This is going to cost a sizable amount of money, a design concept to
come up with to start with.
Mr. McManus: Well, Mr. Mayor, as you may or may not recall, the City has issued previously,
now, three Requests for Proposals for that full service boatyard. There is a direction to
incorporate consideration of the two hangars, as to whether there would be a continuation of the
previous effort to have a full service boatyard in that area. And the City is...
Mayor Clark: You see what's happened? How long ago has that been? What's happened?
Mr. McManus: Well, ever since Merrill Stevens left.
Mayor Clark: Nothing's happened.
Mr. McManus: Approximately six years ago. And the City 's staff is perfectly capable and
willing to proceed with a fourth RFP for that full service boatyard.
Commissioner Plummer: Well, that's the old Merrill Stevens. Now, is any of this any different
in the old Merrill Stevens property, other than a full service boatyard?
Mr. McManus: It is different in the sense that the boatyard is...
Commissioner Plummer: Would you put that picture down for me, please. All right. Show me
what would be different than what this Commission was trying to accomplish with a full service
boatyard, with wet slips, and the racks.
Mr. McManus: We're restoring the marina. We have the...
Commissioner Plummer: Right.
Mr. McManus: We have the dry racks.
Commissioner Plummer: All right.
Mr. McManus: The larger hangar.
Commissioner Plummer: All right.
Mr. McManus: What is different is the use of the machine shop, which is now identified for first
proposals for the -- from the Historical Museum.
244 March 24, 1994
Commissioner Plummer: Well, was this ever run by the Marine Council?
Mr. McManus: Yes.
Commissioner Plummer: And...
Mr. McManus: Pardon me, pardon me. I took a morning breakfast with the Marine Council, and
this was explained to them.
Commissioner Plummer: And they're in favor of this?
Mr. McManus: Yes. Now...
Commissioner Plummer: Because they were the ones who came here and screamed loud and
long...
Mr. McManus: Now, let me say that...
Commissioner Plummer: ... that this was the only area in the south end of the bay in which a full
service marina was going to be made available. And as I recall, to put a museum in there is not
what they had in mind.
Mr. McManus: The Waterfront Board did take exception to that, and the Waterfront Board, a
restatement of the charrette, they identified the first use of the machine shop as part of a full
service boatyard.
Commissioner Plummer: That's what I thought. Mr. Mayor, you know, I think that we've done
it before, and I'll speak to one part of it. The full service marina, this Commission is on record,
as far as I'm concerned that, that's what we guaranteed to the boating community, the Marine
Council, the Waterfront Board, everybody involved. And I think that there's nothing wrong with
you going ahead and proceed to go out and start developing an RFP on that. Now... Excuse me?
Now, as far as as the Virrick Gym is concerned, I've got a problem there that I don't think that
you're going to find the money. Maybe you can, and as my colleague says, maybe you can get
grants of money to take and fix the thing up. I would not vote to restore it as it was previously.
It was a wreck. Now, when you come over to the other side, you're looking at the hangar of the
Grove Key Marina. That all stays as it is, I'm assuming.
Mr. McManus: Yeah. We aren't touching that because...
Commissioner Plummer: That's under contract.
Mr. McManus: ... he has a contract till the year 2012 there.
Commissioner Plummer: So I'm only telling you where I'm at. I think we should proceed with
the RFP.
Commissioner Gort: Can you point out the one with the contract?
Commissioner Plummer: Yeah. That's...
Commissioner Gort: The first two, right.
Commissioner Plummer: Yeah.
245 March 24, 1994
Commissioner Gort: OK.
Commissioner Plummer: And all the way out to the water.
Commissioner Gort: Fine.
Commissioner Plummer: And the Chart House, out to the Chart House. OK?
Commissioner Gort: That whole area, OK.
Commissioner Plummer: I think we should proceed with the RFP on Merrill Stevens. All right,
I'm just telling you where I'm at, Stuart. And then we can look at the other side over there as to
how... I don't understand. What is this thing over here? I see a thing called "H," down at the
bottom left. What is that?
Mr. McManus: That's proposed...
Commissioner Gort: That's the park with a basketball court.
Mr. McManus: The basketball hard court, basketball court, open space area, and you see
through to the bay.
Commissioner Gort: Green space.
(INAUDIBLE COMMENT)
Mr. McManus: That's the existing parking lot.
Commissioner Plummer: All right. Well...
Mr. McManus: We're retaining part of the parking lot.
Commissioner Plummer: OK. Let's listen to the rest of the people.
Mayor Clark: Go ahead.
Commissioner Plummer: Whoever is next.
Mayor Clark: Identify yourself.
Mr. Stuart Sorg: We're next on the agenda, Mayor Clark.
Mayor Clark: Next where? After this item?
Mr. Sorg: We're item 14, I believe, which is this same area.
Commissioner Plummer: Well, are you different than this here?
Mr. Sorg: Yes, we are.
Commissioner Plummer: OK. In what way?
Mr. Odio: They have a different proposal.
246 March 24, 1994
Commissioner Plummer: Oh. You have a different proposal than... Ah, so there's two
proposals.
Vice Mayor Dawkins: OK. May I speak to the same issue J.L. spoke to? Mr. Manager, Mr.
Manager, how would we ask that some architectural firms donate some pro bono services,
especially those who do business with the City of Miami, and that they work with the Shake -a -
Leg people to develop a rendering or a drawing showing what can be done? Because I don't
think anybody up here ever ascertained the thought of spending $800,000 to make Virrick Gym
look like it looked. We're not that, I mean, we're not crazy. But there... And also, you can get
in touch with Eduardo Padron and tell Eduardo to have somebody on his staff or his group apply
for some grants in conjunction for them, prepare the... But they do not have the expertise for
writing grants, and our department write some grants, and see what we can collectively come up
with. Do you think that's a good idea, feasible, or a bad idea, sir?
Mr. Odio: It's a good idea.
Vice Mayor Dawkins: What do you think, Mr. Mayor?
Mayor Clark: Fine.
Vice Mayor Dawkins: OK. Would you do that, Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Thank you.
Mayor Clark: Let's get a motion on the floor to either accept or reject the charrette, and
then can we move on to the other item.
Commissioner De Yurre: Mr. Mayor, I think we should all accept what is presented to us, and I
would so move.
Mayor Clark: All right. Is there a second?
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
247 March 24, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO. 94-220
A RESOLUTION, WITH ATTACHMENT(S), RECOMMENDING THAT THE
CITY COMMISSION ACCEPT THE VIRRICK GYM AT DINNER KEY STUDY
(MARCH 1994), ATTACHED HERETO AS "ATTACHMENT 'A"' AND MADE
A PART HEREOF, WHICH PROPOSES REUSE OF THE VIRRICK GYM, AND
THE ADJACENT HANGARS, FORMERLY KONWN AS MERRILL STEVENS
DRY DOCK AND THE IMMEDIATE SURROUNDING OPEN SPACE.
(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
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
70. REJECT PLAN FOR CITY'S WATERFRONT PROPERTY FROM KENNEDY PARK
TO THE BARNACLE, PRESENTED BY THE COCONUT GROVE CHAMBER OF
COMMERCE.
Mayor Clark: Now, let's move from the charrette to the next one. Mr. Sorg, come up there.
Take your time. Don't jump across the counter. Has everyone here that's going to testify been
sworn? They have to be sworn? Raise your right hand, just for the fun of it. It's good for your
circulation. Is that your right hand, Andy?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
248 March 24, 1994
Mayor Clark: OK. Please, what is your name, sir?
Mr. Yaromir Steiner: My name is Yaromir Steiner. I'm the president of the Coconut Grove
Chamber of Commerce, offices at 2665 South Bayshore Drive. Mayor and Commissioners, we
have, last August, the Chamber of Commerce in our goal -setting session decided to create a
committee to study the waterfront as it goes from Kennedy Park to the Barnacle, and to present
you the report. We're going to present you the report tonight. We took a slightly different
approach. We believe that the highest and best use of the properties in the waterfront of Coconut
Grove are recreational waterfront access. And we believe that every decision this City
Commission makes should be based on what is the best use for the property before going into the
detail of each portion of the property. And particularly, with the status of the Merrill Stevens
Boatyard, there is a unique opportunity for the City to be able to make choices that it could not
have made earlier when leases existed on the property. I would like to introduce Stuart Sorg,
who was the founder and first chairman of the Waterfront Board, and who was the chairman of
our committee who studied our waterfront, running from Kennedy Park to the Barnacle, and our
Chamber's board will vote on this at our next meeting. This has, a poll of the directors was
made, and we are allowed to make that presentation tonight by Mr. Sorg.
Commissioner Plummer: Excuse me. We have a slight problem. The Law Department has
recommended that you do not do anything beyond Peacock Park. Do not speak in any way
beyond Peacock Park. OK?
Mr. Steiner: Correct. OK. We don't go beyond Peacock Park, you are right.
Commissioner Plummer: OK.
Mr. Joel Maxwell (Assistant City Attorney): No, but there's information you submitted in here
that includes the Barnacle property, which would also include the Commodore Bay property.
Before this Commission, I would suggest, and I they...
Commissioner Plummer: Stop your talking at Peacock.
Mr. Steiner: That's correct.
Commissioner Plummer: Not Cafe Park. The cafe is gone. What a mess that was.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Virrick Gym looks beautiful, doesn't it?
Mr. Stuart Sorg: What I'd like to do at this... My name is Stuart Sorg. I live in Coconut Grove,
past president of the Chamber of Commerce. I'd just like to take a moment and let you know
that, in October, we had the pleasure of meeting with some of the members of the Chamber.
Also, I had a moment to talk with the City Manager about the importance of the land between
Kennedy Park and up to the Barnacle. At that particular time the Chamber chose to...
Commissioner Plummer: Wait a minute. You know, I just asked you to stop at Peacock Park.
Do not speak in any way to the Barnacle.
Mr. Sort: Right, up to the Barnacle.
Commissioner Plummer: No. Don't include the Barnacle.
249 March 24, 1994
,4-
_eY y�i; •�li
Mr. Sorg. Oh, we're not doing the Barnacle.
Commissioner Plummer: You just mentioned it.
Mr. Sorg: Well, it's not in the study.
Commissioner Plummer: Well, thank you.
Mr. Sorg: Thank you, sir. We've broken the study down into five parts. That's Kennedy Park
to Monty's Restaurant, the Virrick Gym, Merrill Stevens Marina, Dinner Key Marina, and City
Hall Seminole Docks to Peacock Park and the mole islands and the anchorage area. I want to
take a moment though, to, if I may, Mr. Mayor, there were 20 members who served on this
committee. They were all very fine, successful community leaders, and I am grateful to all of
them. I'm grateful to Yaromir Steiner, Chamber president, who stood behind this study. Let me
go through it first, if I may. I want to commend the City, first of all, for their work in Kennedy
Park. What we are recommending in that area from Kennedy Park to Monty's is a stronger,
more diverse water activities program, possibly to paddle boats, canoes, wind surfers to rent,
bringing greater people use, and particularly, more participation in the park. Parking in that area
is critical, particularly around the sailing center. So that needs to be addressed. We're also
looking at the increased boardwalk to someday encompass the land to the Coconut Grove Sailing
Club, maybe a new bridge out into the bay would also enhance, also different types of benches.
Let's take the Virrick Gym now, the parking lot, the parks building. We're recommending that
we restore the Virrick Gym hangar as originally designed and constructed, to remove the pink
Parks Administration Building. The restored gym building would be a people -friendly facility
which we would lean toward Shake -a -Leg for funding for that. And Harry, who is president of
Shake -a -Leg is right here. We lean toward Harry's organization to build a modest -dimensioned
hurricane -tough building that would house a state of the art sailing center to provide sailing
instructions, public focusing on younger sailors, school systems, institutions, visiting sailors.
Shake -a -Leg, that was established in Newport, Rhode Island as a nonprofit corporation with
proven sailing and teaching capability to teach people with disabilities. They would supervise
and manage this program with the City of Miami and with other sailors that are identified in the
area. Funding for the entire Virrick Gym restoration project could come in many ways, from
some of the federal government funds, and also from funds that Shake -a -Leg would be raising,
and also from funds that we would seek from corporate donations in this geographical area. The
Merrill Stevens property. The inability of the City over the years gone by, not Mr. Odio's
Administration, and Merrill Stevens to agree on the maintenance and rebuilding of this program,
as well as annual rental fee of the property, and the Hurricane Andrew problems has left this
valuable waterfront asset in disrepair and the City coffers in desperate need of revenues. What's
our recommendation here? We're recommending, first of all, that it be a major, major first class
marina, which would be the Dinner Key Marina Annex, which would be built up to the initial
capability of the permitting and funding available. We're also recommending the establishing of
a historic children's park to convene a group of mothers. If you've been on 22nd Avenue,
there's a small park from Tigertail about a half a block up. The other day, I counted 42 children
in that park, jammed into it. We're recommending that, for the first time, we look to the future,
that we have a global view of what's going on in the City of Miami and create a park that would
let kids, and mothers, and parents come to the waterfront area to enjoy the facility. What
happens with the boatyard and things like that, the City has to work at it, but somewhere along
the line, the people in this community have a right to get to the waterfront, and that's what we're
recommending: a type of historic park that would not create a problem for the City dealing with
impact fees. They could set fees as they would need to be set, as far as the marina is concerned.
We also want to develop, at the marina, a fueling station, and also, whatever, tackle and bait
shop, but plenty of parking for people to use the marina. A hydrofoil bus, water bus terminal
also would be available there. The million dollars from federal funds could be made available,
some funds available could be made from the City's FEMA (Federal Emergency Management
250 March 24, 1994
Agency) program for constructing the seawall. We think that the corporate community, the
Shake -a -Leg community, everybody coming together, as Commissioner Dawkins just said, there
is a way to get funding, and the City of Miami has always obtained funding. I think there's
many ways to do this. We need a first class marina there, first class Dinner Key Marina Annex
to provide top City revenues to the City of Miami. We need a major park for people to use, to
use to get to the waterfront. Grove Key Marina. Grove Key Marina is managed by a
professional facility manager, Spencer Meredith, with a high degree of integrity. This marina, as
well as Monty's, is a showplace on our waterfront. And we're looking at global types of
situations. Here, we recommend increasing the size of boats that can be hauled out by this
marina; after the size has been reached, that those larger boats would then go up to the do-it-
yourself facilities on the Miami River. There's no reason that Coconut Grove - I'm a resident, I
have a business here, shopping center, I own a lot of stuff here - there's no reason why the City
of Miami, Coconut Grove area, can't begin to support, once again, the Miami River. Those
facilities, those marinas up there, we all should be working together. At City Hall, this historic
administration building, the recently repaired Dinner Key Marina should stay as they are. But
we're recommending around the flag park right in front of City Hall that those parking spaces be
left to the general public, the taxpayers who want to come and visit the Administration, the
Commission, the Mayor's office. There isn't any place to park. The City Administration is
sitting... parking in those spots for eight hours, and we want to open those up so that I can come
and visit you and everybody can come and visit you, and has a place to park. Seminole Docks.
Seminole Docks has a long and colorful, heavily -used historic ramping lodge. It's principally
for Miami residents. This facility serves as a dock and storage area for anchorage people from
the liveaboard area. We're recommending that we rebuild a 20-by-20 bait and tackle shop to
include boating supplies and a U.S. Customs check -in station. We've got to go all the way down
to Crandon Park to check in when we come in from Bimini. It should be right there at the
Seminole Dock like we used to have. Construct a small boat storage area to accommodate
liveaboards and visitors when they are in an authorized anchorage area that has been formally
established, as we have talked for years. Shower and toilet facilities would be part of the bait
and tackle shop, and anchorage people could use those facilities. Provide a professional to
review and evaluate the launching area at Seminole Dock and to find a way to provide more
parking space for trailers and automobiles. Once the bait and tackle shop has been rebuilt, a
nominal launching fee would begin to be charged by the City which would cover then some of
the charges to pay for the bait and tackle shop, thereby providing revenue to the City and to
assist in the maintenance of the bait and tackle shop itself. Coconut Grove Sailing Club, which
has long been a major friend of the City of Miami, since 1945. We're only recommending that
the mole island in front of the sailing club be maintained and that the City let the sailing club, in
its future, develop further usage of that as far as boat storage and some sort of a facility if they
want to increase their clubhouse. Also, the sailing club is drawing with 650 or so members.
Parking is absolutely critical. They have one of the finest sailboat teaching programs in
America, and there's no place to park your automobiles. We are asking the Manager to work
with us and the sailing club to find increased parking in the area so that people can enjoy the use
of the sailing club. Last, but not least, the anchorage. We've long been dealing with this. The
anchorage area has for many years provided a no -cost living area for City residents and visitors
who have chosen to live on their privately -owned boats on self -established moorings. A number
of these liveaboard residents reside in what we call "Anchorage City," enjoy full use of the
Miami and Dade County facilities, such as public schools, hospitals, libraries, police and fire
services, waste management, and public transportation. What we are recommending is that we
establish, within the next 90 days, an authorized anchorage area program for legal residents of
the City and visiting boaters with an initial installation of 100 moorings. The moorings would be
of one or two designs or a combination. Either system would protect delicate seagrass. Steel
beams or screw -in anchors, or devices that have proven holding power are available to the City
at nominal cost and could be paid from a special anchorage revenue budget. The authorized
anchorage area would be established between the Dinner Key Channel south to the Sailboat
Channel and east to a line out into the bay from, in front of the end of, the beginning of the
251 March 24, 1994
Dinner Key Channel itself. The mooring fees at the anchorage area would be from $30 to $50 a
month, or whatever the Manager would choose, but the residents who pay the fees on the
anchorage in the anchorage area would have the use of the facilities, the toilet facilities at Dinner
Key Marina and also the facilities at Seminole Dock. Boats in the authorized anchorage area
would be required to meet and maintain Federal, State, County and City marine sanitation device
requirements. The City of Miami Police would provide protection through its waterbound police
patrol on a regular service that patrols the anchorage on a regular basis. And lawn service would
be provided five or seven days a week, beginning twice a day, would be provided to Anchorage
City, and this service would be included as part of the monthly fee. And the South Florida Yacht
and Sailing Club with its experience in moorings management and lawn service could be invited
by the City Administration to provide advice on how to establish the anchorage area, and also, at
the same time, how to get the lawn service operating. And these costs wouldn't be borne by the
City; they'd be borne by other types of systems. What we have today is, this is another drawing.
What we have is an opportunity we'll never, ever have again. We're looking at, for the last time,
what to do with the land area from Monty's down to City Hall, primarily. And all we're saying
today is, let's open it up. If we've got to have boating in there, let's have boating. Let's have a
marina in there. But let's let the public have some access, some rights to the waterfront. The
E children should have a theme park there. We should do something so that visitors could enjoy it,
and I'm asking you to give consideration. The Chamber would like to work with the Manager
on implementing some of these things. Yes, Mr. Dawkins.
Vice Mayor Dawkins: No. I have to get permission from the Mayor, not from you.
Mr. Sorg: Oh. We'd like to work, yes, sir. We'd like to work with the City Manager on
implementing as many of these projects as we can do, and we stand ready to do that. And I'm
very grateful, and thank you very much.
Mayor Clark: Thank you, Mr. Sorg.
Vice Mayor Dawkins: Mr. Sorg, I heard you say of all the community things the sailing club
would do. I mean, what they were going to do in the community and all. Will the sailing club
assist Shake -a -Leg in raising funds that they might need? I didn't hear you say that.
Commissioner Plummer: There's no boat, there's no repair.
Mr. Sorg: No, sir, I can't speak for the sailing club, but the Chamber will.
Vice Mayor Dawkins: Well, you just told me all the things that the sailing club will do because
we're letting them use the land. You just told me that. Now, you come back and tell me you
i can't speak for them. Now, either you can speak them or you can't.
Mr. Sorg: No, sir, I can't speak...
Vice Mayor Dawkins: OK, I'll tell you. Bring your booklet to the office, and you and I will sit
down and I'll show you where you read out of your booklet what the sailing club would do.
OK? We will not, you know, take up the time with these things. But come to the office, and you
and I will sit down, and I'll show you where you said it.
Commissioner Plummer: Well, let me, maybe I'm missing something. What happened to the
repair facilities, what is referred to commonly as Merrill Stevens? Are they gone?
Mr. Sorg: We're recommending that two hangars be taken down, that a first class marina be
established. It would be the Dinner Key Annex Marina.
252 March 24, 1994
Commissioner Plummer: Where would it be?
Mr. Sorg: It would be right exactly where the marina facility is right now. We'd enlarge it to
the permit capability.
Commissioner Plummer: Where would the repair for boats, because this Commission is on
record of a full service marina. Now, where would the repairs be done?
(INAUDIBLE COMMENT)
Commissioner Plummer: No, that's not a full service marina.
Mr. Sorg: What we're recommending is to sit down with the Manager. This is a time of
compromise, and we're recommending that we have a full service...
Mr. Cesar Odio (City Manager): You need three votes. We need three votes, don't we?
Mr. Sorg: Right. We're recommending we have a full service marina, but that we have a place
that the people from Coconut Grove and the City can enjoy, and if there's going to be a working
boatyard, then we need to fit that in some place. But the hangar buildings should come down.
They're an eyesore and they have been for years.
Commissioner Plummer: I have only one other question. The yellow, what is that?
Mayor Clark: Virrick Gym.
Commissioner Plummer: And in your proposal, the Virrick Gym stays there without the
playground building in the front of it?
Mr. Sorg: Yes, sir, because Shake -a -Leg will construct a facility building that will accommodate
sailing, sailing instruction and so forth.
Commissioner Plummer: And where would the money come? What does your proposal show,
if anything, as to restoring that building to what it would be, necessary...
Mr. Sorg. Some insurance money, FEMA funds, and we'd turn then to Shake -a -Leg. And Harry
is right there from Shake -a -Leg, the president, and I wish you would give him an opportunity to
speak.
Commissioner Plummer: Now, you're the one that did the study. I'm asking you, did you make
any determination?
Mr. Sorg: Three sources.
Commissioner Plummer: No, not the three sources, the amount.
Mr. Sorg: I've got the, I think it's on page, in your study, I think it's on Page 5.
Commissioner Plummer: Of the blue book?
Mr. Sorg: Excuse me, it's on page 4, yes, sir. Page 4, item number "I."
Commissioner Plummer: Seven hundred thousand? No.
253 March 24, 1994
Mr. Sorg: To tear the building down with Shake -a -Leg and corporate contributions, rebuilding it
to its original design as it was when it was first built..
Commissioner Plummer: How much?
Mr. Sorg: Seven hundred thousand to take it down and to rebuild it.
Commissioner Plummer: Excuse me. They're telling me from the department to just to restore
it to what it was previous to the hurricane is $800,000.
Mr. Sorg: But we're not going to have City, this is going to be a private type of construction, a
rebuilding type program. We're not going to go through the City. We're not building Metrorail
again.
Mayor Clark: What you call "underground," right?
Mr. Sorg: Exactly. We're getting Clark Construction.
Commissioner Plummer: You know, I'm glad you're going to take your book and sit with Miller
Dawkins, because he has this thing call "voo-doo economics."
Mr. Sorg: I thought Maurice had that.
Commissioner Plummer: All right.
Mayor Clark: Here's an another study, the town crier.
Vice Mayor Dawkins: OK. Thank you.
Mr. Odio: For the record, the monies we have for the Virrick Gym was $890,000 to demolish.
If we do not demolish, it's $810,000. And that I was told by Chief Rollason, that could change if
we try to do something else there, so Chief, maybe you want to put that on the record.
Chief Frank Rollason: That's correct.
Commissioner Plummer: Well, you know, nobody can argue with the facts. Whichever
proposal you look at, both have merit. All right? I mean, they're not that much in conflict and
they both have merit.
Mayor Clark: And they both have Virrick Gym, too.
Commissioner Plummer: But the bottom line still remains the same. To come here with pretty
pictures and not be able to say where are the dollars coming from, is where, I think, you know,
we're talking into the wind. To talk about the fact that you're going to get grants, maybe, maybe
not; to get money from the private corporate sector, maybe, maybe not. And, you know, I think
that this Commission is probably, this evening, in a position to accept what both of the proposals
show us, look at it, and then start getting some realistic numbers of where this thing is and what
we have, where the other monies can come from, and I don't see it any other way right now.
Mr. Sorg: Commissioner, we got FEMA funds, and also insurance dollars, and I think that...
Mayor Clark: Now, he'll tell you, Stuart, exactly how much money we've got. You can put this
all together. Chief.
254 March 24, 1994
I Chief Rollason: All right. Where we're looking now from insurance, we've got a settlement
offer of $898,000 that was contingent on the resolution that was passed that the building was
+ going to be brought down. Based on that, we worked out a deal with the insurance company to
settle out for $898,000 worth of hurricane damage, and if we walk away from it doing nothing,
they would depreciate it to about $810,000. However, if we go in there and start working on that
building, and trying to put the building back, it then reverts back to the insurance company to a
line item type of a deal to where they're going to do repairs on a replacement basis, line item by
line item, to repair that area that was destroyed by the hurricane. They're not going to put that
building back to a pristine condition. They're going to put it back to the condition it was in prior
to the hurricane, and only repair that part which is hurricane damaged. We feel from the
recovery team that it will be substantially less than what was offered at the $898,000 or at
$810,000 depreciated amount. Now...
Unidentified Speaker: Is that to knock the building down?
Chief Rollason: No.
Commissioner Gort: Give us a rough figure.
Chief Rollason: Now, maybe less than $600,000. Now...
Commissioner Plummer: Can I ask this question? The other proposal or one of the proposals
talked about knocking down the two structures as we know it at Merrill Stevens. Are you talking
about that same amount or that kind of money to tear down those two structures?
Chief Rollason: No. What we're talking about on those two, we have got some, again, no
FEMA money on those two structures.
Commissioner Plummer: Right.
Chief Rollason: We're talking about insurance money.
Commissioner Plummer: Right.
Chief Rollason: And we're talking about $90,000 worth of damage. That's what we got on
those other structures.
Commissioner Plummer: No, no. If you were to tear them down...
Chief Rollason: All right. To tear them down...
Commissioner Plummer: ... what would it cost to take and tear them down and put in a green
space?
Chief Rollason: I don't know what that dollar amount is, Commissioner, but I can tell you that
for them to be eligible for demolition under our insurance, they have to be over 50 percent
damaged, and we're not in that position.
Commissioner Plummer: OK. You're missing my point.
Mr. Odio: Let me answer that question. If the decision is made to tear down Merrill Stevens, we
would have to pay for demolition. It is not covered by...
Commissioner Plummer: Cesar, you're not answering my question either. If what you're telling
me is to tear down Virrick Gym, you're looking at $898,000.
255 March 24, 1994
Chief Rollason: No, no, no. That's not what I'm saying.
Mr. Odio: No.
Chief Rollason: That's not what I'm saying. What I'm saying...
Commissioner Gort: That's what I understood.
Chief Rollason: No. OK. Let's back up a second. We got some figures on demolition of
tearing that down and taking out the foundations and everything, and if I'm not wrong, I think it
was around...
Mr. Odio: Eighty thousand?
Chief Rollason: Eighty thousand? Yeah, yeah. $80,000 to demolish it.
Commissioner Plummer: That was for Virrick or the others?
Mr. Odio: For Virrick.
Chief Rollason: For Virrick.
Commissioner Plummer: OK, Would I be in the ball park of thinking that's about the same as
the other two in the Merrill Stevens area, more, less?
Chief Rollason: It could be more but...
Mr. Odio: If I may. It could be more, but the steel that is on the big hangar is very good, and
you could very well have some companies come in and salvage it.
Chief Rollason: Salvage, right.
Commissioner Plummer: Salvage. My other question, very quickly, up front, we were fighting
with Merrill Stevens a hazardous waste in the ground from the leakage of the fuel tanks.
Mr. Odio: We took care of that.
Commissioner Plummer: That matter is totally resolved, it no longer exists.
Mr. Odio: The tanks were removed and all the environmental damage that was done there was
cleaned.
Commissioner Plummer: Thank you.
Mr. Odio: Now, on the marina side, Chief, and you can correct me, please, we get a $1,400,000
to rebuild the marina. We have to do it ourselves.
Chief Rollason: That's correct. That money is not...
Mr. Odio: And we are in the process of design at this moment to go ahead and... I don't want to
go out on contracts or bring it to you until we are sure that the FEMA money is sitting in the
bank.
256 March 24, 1994
Chief Rollason: Right. That is... we're negotiating that now, and originally, we were sitting at
$1.6 million. That amount was de -obligated. We have been working with FEMA and the State.
We've got it back to about $1.4 million and we're still fooling with some figures, but we're right
about there. But that is FEMA money. That has definite requirements on how it's done. It is a
contract from the Federal Government through the State to us, and we are the ones that do those
contracts and do that construction, and it is not money that we can put in a pot and pass on to a
developer and say, "Here's $1.4 million worth of FEMA money you can use to do what you
want to do."
Commissioner Plummer: Let me ask you this question. We read in the paper yesterday that
FEMA is taking a second look at everything and stopping any future payments until that look is
over.
Chief Rollason: True.
Commissioner Plummer: Does that affect this, in your opinion, in any way?
j Chief Rollason: We're in our second look now. That's where our $1.4 million is back. We're a
little bit ahead of the curve on some of the other stuff that's happening.
Commissioner Plummer: So you feel good about it?
Chief Rollason: I feel good about the $1,400,000, yes.
Commissioner Plummer: OK.
Mayor Clark: Pray not for another earthquake.
Commissioner Gort: I have another question. See if I can clear this in my mind. My
understanding is if you knock the gym down it will cost you $85,000 to knock it down, but we
get $850,000 toward building a new one.
Chief Rollason: We get $810,000.
Mr. Odio: For whatever you decide to do.
Commissioner Gort: I think we're all accepting the concept of having it back.
Vice Mayor Dawkins: You get $100.00?
Commissioner Gort: $810,000. And then we also got $1,400,000 coming from the...
Mr. Odio: That has to be used for the rebuilding of the marina.
Chief Rollason: That's strictly the marina at Merrill Stevens.
Commissioner Gort: So you're talking we'll have available $2.2 million for anything that we
approve here today?
Mr. Odio: No, sir. You would have to have $1,400,000, only for wet slips.
Commissioner Gort: I understand.
Mr. Odio: OK.
257 March 24, 1994
Chief Rollason: Right.
Mr. Odio: Yes, yes.
Chief Rollason: And then the insurance...
Commissioner Gort: But that's part of the whole study here. You need the money the for the
parks and all the other things that we are talking about. But right now, we have $2,200,000, for
part of this project here.
Mr. Odio: Yes.
Commissioner Gort: Am I correct in understanding that?
Mr. Odio: Yes.
Commissioner Gort: Does anybody have the total figure, total cost of this concept, if this were
approved and what everybody wants?
Mr. Odio: The Elizabeth Virrick concept, which I think is a big one, would cost about
$2,000,000.
Commissioner Gort: Does the Chamber that did the study... do you have a total cost?
Mr. Odio: We have an estimated cost of rebuilding Elizabeth Virrick, to put it back to where it
was, and better, at $2,000,000, the gym money.
Commissioner Gort: My question is, Cesar, my question is, does anyone have an idea of the
total cost, if we and everybody agrees that this is what we want, what the total cost would be?
Mr. Odio: Only of the gym, it would be $2,000,000.
Commissioner Gort: I'm talking about the whole thing.
Mr. Odio: No, we...
Vice Mayor Dawkins: That project right there, Mr. Sorg, what he's asking is, what's the total
cost of that? That's all the Commissioner is asking.
Commissioner Gort: You did the study.
Mr. Sorg: Commissioner, what I'd like to do is, I'd like to come back in 30 days with an answer.
All we're doing is making a presentation today.
Commissioner Gort: You don't have an answer?
Mr. Sorg: No, but I will have it in 30 days.
Vice Mayor Dawkins: That's right, good.
Commissioner Gort: OK. Thank you. OK.
Mr. Odio: I can order an estimate.
258 March 24, 1994
Mayor Clark: Wait a minute, wait. Would it be cheaper, Chief, to tear down the Virrick Gym
and to build another building there for the use that we want to make it for a modern building?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: Because when you're going to put $800,000 back into a...
Chief Rollason: Than to restore what's existing there? Than to restore what's existing?
Mayor Clark: Yes.
Chief Rollason: It probably would. Now, whether you'd have a building that's of the magnitude
of what you have, I mean, you're not going to have...
Mayor Clark: Well, you don't need 92 foot ceilings.
Chief Rollason: No, I understand that. But, I mean, you wouldn't have the same type of a
structure, you'd have something else. But if we keep what we've got, we're going to have to
bring it up to all the current codes.
Mayor Clark: That's right, and that's very expensive.
Chief Rollason: The handicap codes, I mean, that's where we're going to get hit, with the
electrical, we're going to get hit the plumbing, we're going to get hit with the ADA (Americans
With Disabilities Act) requirements that are in there, and, you know.
Mayor Clark: So you want to put $800,000 back into a building to still leave it in shambles.
That's not going to bring it up to the code today.
Chief Rollason: No.
Mayor Clark: It will probably be $2,000,000.
Chief Rollason: What it's going to do is just put it back like it was prior to the hurricane.
Mayor Clark: Which was a shambles, then.
Commissioner Plummer: Not with my vote, you won't.
Mr. Sorg: Mr. Mayor, could we get Harry from Shake -a -Leg to talk about some dollars?
Because he's interested in this. Harry?
Mayor Clark: Well, go ahead.
Mr. Harry Horgan: Can I give a little background on Shake -a -Leg before getting into this?
Well, my name is Harry Horgan and I live at 3 Grove Isle Drive, and I'm the founder and
executive director of Shake -a -Leg, and we're a nonprofit organization. Thank you for giving me
and the community the opportunity to express our opinions through the charrette process. There
are areas that we all don't agree on, but there's one area that we all do agree, and that is the
Coconut Grove waterfront is one of the most valuable assets that Miami can offer its residents
and to the world. The two properties in discussion are the last two underdeveloped public
parcels of land that provide the best access to the bay. They have served the community well for
over half a century. They need to be redeveloped in a state of the art marina to provide the needs
259 March 24, 1994
of the community, needs to be ensured, to meet the most amount of people and benefit, can enjoy
it. We at Shake -a -Leg can specifically help with the Virrick Gym property. Four years ago, we
came to you with a vision of opening up the water to people with disabilities and to use the
underutilized Virrick Gym site. You supported our dream and allowed us to construct a dock,
and now, we've developed the country's largest adaptive sailing program. We serviced over
1,500 people this past year, and we did that by working together with the City of Miami Parks,
Dade County Parks, the University of Miami, Jackson Memorial Hospital, Lighthouse for the
Blind, Paralyzed Veterans of America, Juvenile Alternative Sanction Systems, the Miami
Project, Miami Mega Special Olympics, and a variety of other community based organizations.
This has allowed us to use sailing as a means to integrate people with disabilities into the
community and educate the public about the untapped potential of people with disabilities. You
and many of the people in the audience tonight have made this possible, and all of us at Shake -a -
Leg thank you for it. All of us with disabilities now have the ability to sail, but more than that,
we have the confidence and the skills to take on other life challenges, like going back to school,
getting a job, having the ability to recreate with our families and friends, and to compete equally
in an integrated environment with our peers. Given the opportunity, we have shown that we can
rehabilitate our spirits and our bodies. You give us the opportunity and we can do the same with
this precious property. Prior to Shake -a -Leg, there was no sailing program for people with
disabilities in Miami. Currently, there is no public full service community sailing center for the
residents in Miami. We are honored that both reports recommend Shake -a -Leg should continue
and that a sailing center should be created. Shake -a -Leg proposes to work with the City of
Miami and expand its services and facilities and create a community water sports facility
designed to provide integrated, affordable and universally accessible programming to all
members of the community; plus serve as a sailing center for area educational institutions,
municipal parks, and community based organizations, and a training center for competitive
athletes. We will coordinate a coalition of government and business leaders and committed
individuals with the necessary resources to organize and finance this project. We ask that you
once again support this vision and authorize the City Manager to enter into a lease agreement
with Shake -a -Leg, which does not need to be put out to bid, nor does a referendum have to be
held to develop the former Coast Guard property and operate Miami's premier water sports
center. Working together, we can create a model facility that will preserve public access to the
waterfront and will be a doorway into a new world of opportunity for all of us. We thank you for
your past support and your consideration of this request.
Mayor Clark: Thank you, sir.
Mr. Sorg: Harry, what about the money? We need to know what money you're going to get.
Mayor Clark: Wait a minute. Just a minute. You know what I think would be a possibility? I
don't know, because I'm kind of new on this job after 30 years. But what I would think would
be the most probable scenario, and you can probably get a hell of a lot more money by doing it
this way, take it down, take the other two down, and take the money we got left and start to build
on that base and putting a new facility for Shake -a -Leg right where the Virrick Gym is now.
You're never going to make this thing... you can't make a silk purse out of a sow's ear. You're
always going to have problems with that building there all the time. And to stiffen it up, as the
Chief said earlier, it's going to cost you a fortune. And you can borrow money on a new
building, where you can't borrow a dime on that thing. That was an old historic monument back
when I was a kid here, 50 years ago. But I can tell you that if you tore that down and tore the
other two down and had the rest of the green space and had Shake -a -Leg and all that park out
there, you'd have probably the best thing. You'd have a model for the nation, not only for
Miami, and start...
Unidentified Speaker: No way.
260 March 24, 1994
Mayor Clark: Well, and say no if you want to, but if you have got the money to repair this thing
and bring it up to position with two or three million dollars, fine. Then you don't have to say no
anymore. We don't have the money to start with, but if you want to borrow money, you want to
raise money on a new building for Shake -a -Leg right there where that's located, you could
probably do it ten times easier than you can under the present circumstances.
Unidentified Speaker: No way.
Mayor Clark: You do what you want to do, but that's the way I feel.
Commissioner Plummer: Well, Mr. Mayor, that speaks to the Virrick Gym, all right? And I
may or may not disagree with you on that. Now, let's talk to the other one, and that is the one in
reference to Merrill Stevens. We have... Whoa, whoa, whoa. Hello?
Chief Rollason: Just making it so you can see here.
Mayor Clark: We can't see that.
Commissioner Plummer: Well, I can see it, either way, you know.
Chief Rollason: It's not on that one.
Commissioner Plummer: OK. Yes, all right, I understand what you're saying. It's there but it's
hidden. What would you be proposing, Mr. Manager? You know, I go back to the consent of
this Commission that we were going to be a full service marina. Now, excuse me.
(APPLAUSE)
Commissioner Plummer: That can change. Now, let's play this thing fair. You have, for the
wet slips, to bring them up to what I would say is adequate monies to bring them up to par. Is
that correct, the wet slips? OK.
Mr. Odio: We are all set with the marina.
Commissioner Plummer: Personally, I have been on record for years, and unfortunately, I'm
consistent. I think those two buildings are horrible. OK? I think they are ugly, I think they
ought to come down, and in my opinion, you can go back in there with some kind of a - call it
repair shop, call it what you want - with a building that is not a damn eyesore. Now, that's for a
full service marina, and, you know, I just, I don't think the museum, in that particular case, is
worth our consideration at this point. It's nice to talk about a museum, but where's the money
going to come from? And that's my problem. I know that I am chastised many, many times,
that I'm looking for revenue for this City, and if it comes to a museum, or, in fact, the revenue
producer for this City, I think that's what it should be. So, Mr. Mayor, you and I don't differ that
much. I think, though, what is more important, what we've got to do is to come with the
realization, if we tore down Virrick Gym and built a building for Shake -a -Leg, what is
reasonable and what would it cost to build that building for Shake -a -Leg?
Mayor Clark: Well, I don't know what it would cost.
Commissioner Plummer: Well, I don't either.
Mayor Clark: But we can come up with a cost figure, but I can say this, that if you're going to
borrow money, or get bigger contributions on a new building, rather than an old structure like
that.
261 March 24, 1994
Commissioner Plummer: Well, if we tear that building down, we have $810,000; is that correct?
Mayor Clark: That's true.
Mr. Odio: Somewhere in there, yeah.
Commissioner Plummer: Then God knows, I think you can build some kind of a facility there...
Mayor Clark: A nice facility, you could.
Commissioner Plummer: ... for the $810,000. So that, in my estimation, pretty well takes care
of that area. Now, you have a million -four for the wet spaces on the other side. Where would
the money come from to put in the repair facilities for a full service boatyard? That's my
question. I£ you tore...
Mr. Sorg: Well, let's compromise, J.L.
Commissioner Plummer: I'm not asking you, Stuart, thank you. Mr. Manager, what would it
cost to tear those horrible looking buildings down and put some kind of a facility? I'm not
saying it has to be as big or it has to be dry storage inside, but I think racks are a very important
source of revenue. OK?
Mr. Odio: I don't know what it would cost to tear it down at this time.
Commissioner Plummer: Well, OK.
Mr. Odio: I would have to, because I think there is some salvage value, all right? I would have
to get some people in.
Commissioner Plummer: OK. I'm saying to you that I agree with Mayor on the Virrick portion.
I would want to keep the full service boat marina. If we could work it out to where we could
produce the funds to keep it as a full service marina, that would be my wanting to do, but I don't
want to keep those two hangars there. They were passe years ago. If I read from - by the way, I
don't know who gave me this document here, from January the 7th of '92, from Lawrence
Terry - you read this document here, and I'm assuming he knows what he was saying.
Mr. Odio: Well, he worked for us there, yes.
Commissioner Plummer: OK. I don't think that there's any question that those buildings ought
to come down. So I'm just giving you my opinion, Mr. Mayor.
Mayor Clark: Well, they're no good for boat storage. There's not a boat stored at either one of
those buildings, neither one. So if they wanted inside storage, they're not there. The racks are
filled, but those two buildings are empty, other than providing for an airplane outfit, and some
mechanics, and a few carpenters, that's the only use they have.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: But you've got to be realistic. When you start repairing an old building, you don't
know what you're involved in yet. The Chief gave you a little tip of the iceberg when you start
getting into that building. We don't know whether DERM (Department of Environmental
Resources Management) would even allow us to go back in to repair that building. Right?
262 March 24, 1994
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: Yes, please.
Commissioner De Yurre: I am, in this situation, I'm a little bit of an extremist. I have no
problem with knocking everything down, to begin with. OK? No problem at all. And...
Commissioner Plummer: Andrew the second.
Commissioner De Yurre: The second, for sure. But I finish the job. I don't leave it hanging out
there as it is right now. I really have no... I believe in open areas. I like that concept that we're
seeing there right now.
Commissioner Plummer: But you've still got to have a source of revenue. That's what I'm
talking about.
Commissioner De Yurre: I'm looking, but since I have to find some middle ground in this, and
understanding the point that people are looking for an area they can service their boats, seeing
that Shake -a -Leg, which I believe needs to be there. My two sons for the last six years have
been in the summer program with the City of Miami sailing, and they enjoy it very much. So
I'm a believer that we need to have those kinds of programs in that area. I would see what we
can do about a situation wherein if we were to knock everything down, putting out an RFP
(Request for Proposals) for somebody to come in, to have a boat service facility, wherein part of
the whatever they build would provide the space needed. We put in the $800,000 from Shake -a -
Leg to have their program in place, and just having one facility to run both kinds of situations
out of one building. You know, that may be something that we can look at. I think we're
throwing out a lot of ideas here, tonight, and I guess we're just thinking out loud at this point in
time. Basically, what we need to do, I believe, is to accept the studies at this point and to come
back with recommendations as to how we can develop something in one way or another.
Mayor Clark: You got a motion?
Commissioner De Yurre: I would move to accept the...
Ms. Joyce Nelson: Is the public going to be allowed to speak? I'd like to see all the people who
are here in favor of saving the sites that we're talking about, the buildings, the Virrick Gym,
Merrill Stevens...
Mayor Clark: We have not, we've haven't made any decision.
Ms. Nelson: ... that participated in the charrette, for the public.
Mayor Clark: We have not made any. Please, now. We have made no decision to do anything
yet.
Ms. Nelson: Yes, you have!
Mayor Clark: Well, we've made... just to accept this study, that's all.
Mr. Jim McMaster: Could you open the public hearing so we could speak? The public would
like to speak. Before you pass any motion, we would just like to speak. It's common practice,
you know.
Vice Mayor Dawkins: You can speak as well after the motion as you can speak before the
motion.
263 March 24, 1994
Mayor Clark: He wanted to offer a motion.
Mr. McMaster: It might affect the motion with something we do say.
Mayor Clark: Well, go ahead. If you've got something to say, say it.
Commissioner De Yurre: It might affect the vote, but it won't affect the motion. My motion is
to accept what has been presented as a result of the study.
Mr. McMaster: I think part of the problem is that in 1984, the City spent...
Commissioner Plummer: Jim, Jim, your name.
Vice Mayor Dawkins: I second the motion.
Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. Thank you. In 1984, the City spent
$100,000. The community participated. We had the Dinner Key Master Plan, and it got thrown
out the window. We participated in this charrette, and it's clear it's getting thrown out the
window. My question is that if you are throwing our charrette and our desires out the window,
we need to start looking at Dinner Key. Dinner Key is zoned "park," in case anyone hasn't
forgotten. I know there are dreams of a casino, and there are drawings of a hotel already
circulating. But the land is zoned "park." Now, the question is, is the convention center has
been expanded twice. Where is the parking for the convention center? Monty's lease dates from
1979. I know there's a great deal of income coming in, and I know that Joe has done his best,
and everyone has suggested, oh, we should leave the parking down by Aviation, because we
really do need to get that income and keep the money coming in. The question is, is that if you
look at Monty's lease, where is his required parking? It was zoned "Waterfront 7." He has
required parking. The parking is on the Virrick Gym site. A hundred and fifty of his required
spaces are at the Virrick Gym site. Why? Where is the trolley that his lease requires? Where is
the 300-space parking lot at the corner of Pan American and South Bayshore that his lease
requires? Why is the Havana Clipper closed, and no income coming in? You are doing us in, in
taking away what we want. You know, this City can't run anything.
(APPLAUSE)
Mr. McMaster: You know, what can the City run? You know, I was at the County Planning
Advisory Board today because you want to annex the parking lot at Virginia Key. Well, you
know, that brewery thing that sat around for two and a half years. It went for a public vote, the
public agreed to put a restaurant and a brewery out there. For two and a half years, there was no
movement on it, no income. You know, what about the Havana Clipper? What about Merrill
Stevens, here? There's no income anywhere. It's not our fault. We pay taxes, very high taxes.
We participated in the charrette. I don't know where the Chamber of Commerce was. I was
there December 22nd, late at night, in the cold, at a charrette. I was there all that Saturday. So
was the City Manager. The Chamber comes waltzing in and presents some sort of green space.
We want you to approve it, and we want you to rescind the recommendation to tear down the
Virrick Gym.
(APPLAUSE)
Mr. McMaster: I think we pay high enough taxes that you can, you know... The million dollars a
year from Bayside, where is that going? We are told that FEC (Florida East Coast Railroad) and
Bicentennial has to be turned into a port, because we have no money, and it's full of bums and
derelicts. Well, right next door, you're getting a million dollars a year. Thank you.
264 March 24, 1994
(APPLAUSE)
Mr. Odio: Mr. Mayor, just to clarify a few things he said. They always accuse the City of not
having been able to run anything. We gave this Dinner Key Marina to the private sector. The
first year they ran it, we got $90,000. Are you listening? They made $90,000 for the City. We
took it over, and we produced a million dollars the next year. Merrill Stevens, we gave to a
management group that worked there. For a whole year, we got zero dollars, and he owes me
money. And in one month, we earned $32,000. Where was the private sector then? On the
Bay...
Mr. McMaster: Right, but go back to Sherman Whitmore from California. That's where it
started.
Mr. Odio: Wait a minute. Just a minute.
Unidentified Speaker: You're lying.
Mr. Odio: No, we don't lie. You have the right to express your opinions, but you have no right
to offend anyone. Now, on the revenue from Bayside, it was pledged to do the Bayfront Park
redevelopment, which is a beauty.
Mayor Clark: All right, sir, your name, for the record.
Mr. Charles Clarke: Yes, Charles Clarke here.
Vice Mayor Dawkins: Hold the mike to you, sir.
Mr. Clarke: Charles Clarke at 1865 Kennedy Causeway. I have a statement just for the record.
I made this to one of the earlier committees, and I wanted to make it to this body as well, and to
the public here: That any proposal for demolition, construction or renovation that may change
the structural character of the various buildings, hangars, machine shops, et cetera, must be
submitted to the State Historical Preservation Office in Tallahassee, to assure adherence to the
National Historic Preservation Act of 1966, and the state historical preservation requirements, a
succinct and hopefully quick, but a succinct response that the proposed project will or will not
have an adverse effect upon the historical nature of the site can be expected. The City of Miami
Historic Office should do this in a timely way. But I would also mention at the same time,
coincidentally, that any and all others may approach the SHPO, the State Historic Preservation
Office for a determination or for that determination. And that's the only thing I have.
Mayor Clark: Yes, ma'am, your name.
Ms. Nelson: My name is Joyce Nelson at 2535 Inagua Avenue. I'm president of the Coconut
Grove Civic Club, and I'm on the Village Council. I am extremely disappointed that you asked
the public to participate in a charrette, that they spent many hours and a lot of time. The
charrette was 120 people in one day. We came to almost a unanimous consensus of what we
wanted, which Joe McManus has presented to you. Most people were extremely pleased with
the charrette. I have not heard of anyone who did not agree that it was a wonderful, wonderful
project and the City should undertake it. There were many people there that were willing to
invest time and money to make the project work. The Pan Am people were there. They already
have the money, and the planes, and the exhibits to build a museum there inside the hangar. This
is not our problem. We see that the people were there. You were not there to hear the number of
people that are interested in working and making it work the way Joe McManus presented it to
you. Unfortunately, you didn't hear that. I think it's really sad that after this community stood
265 March 24, 1994
together and voted for you, I hope, and wants to have, wants to have this the way they presented
it to the charrette, and you decide, sitting here tonight, to just tear it down.
Mayor Clark: Listen, I didn't say anything. I gave you an option. I said if you tear the building
down, you'd be able to raise more...
Ms. Nelson: Nobody wants to tear it down!
(APPLAUSE)
Mayor Clark: Well, please, I didn't say... That's an option. It hasn't been done.
Ms. Nelson: Nobody.
(APPLAUSE)
Mayor Clark: All right. Thank you. It hasn't been torn down. I'd like to leave it there...
Ms. Nelson: And the Chamber, the Chamber did not participate in the charrette. They chose just
to come tonight and present it.
Mayor Clark: I would hope the building lasts there another 50 years. Yes, ma'am, your name.
Ms. Tatiana Duttenhoffer: My name is Tatiana Duttenhoffer, but I'm better known, usually, as
Elizabeth Virrick's daughter.
(APPLAUSE)
Vice Mayor Dawkins: Pull the mike to you, ma'am.
Ms. Duttenhoffer: I live in South Miami, but my heart's in Coconut Grove, and I'm here to talk
about the destiny of the Merrill Stevens and the Elizabeth Virrick Gym area. Other people have
spoken of the value of preserving our historic areas, and I would go on record as agreeing with
that, and also including the restoration and continuation of the boatyards, the docks, and the
ramps for the public. My mother, Elizabeth Virrick, had many wonderful honors bestowed on
her during the 40 odd years that she devoted to working for this community. Of those, some of
the most gratifying and lasting were having the senior housing, the park, and the gym named
after her. The gym was particularly important because boxing was her baby. She believed in
providing programs for youth that would get them into training and keep them off the streets.
She was ahead of her time in foreseeing what has become one of our major problems today.
You may remember, some years ago, the Virrick Park fell into serious disrepair, and my mother
appeared before this Commission to ask that it be refurbished. Otherwise, she said, she didn't
want her name connected with it. Well, it was refurbished, perhaps because nobody wanted to
call her bluff. She would be very upset to see the condition of her beloved gym, and would have
been railing at it staying in this disrepair for so long. My mother was described as feisty, a
fireball, a human dynamo. The fact is, she had a great deal of clout. I don't think I have any, but
I'm going to borrow some of hers and speak for her now. Please restore the gym with an eye to
a multipurpose use for the community. Shake -a -Leg is a wonderful program that should stay,
but there are many hours in a day, and many days in a week, and perhaps there's room for other
sports, boxing activities aimed at youth, the handicapped and elderly, and really all members of
the community. Coconut Grove Cares has a wonderful proposal for its youth that we'll present
at a later date, and I also have the resolution that was mailed to all of you that I would like to be
made a part of the record. Miami has had a little trouble with its reputation nationwide. We
need to correct this. Let's start now by eschewing monied interest and doing the right thing.
Thank you.
266 March 24, 1994
Mayor Clark: Thank you.
(APPLAUSE)
Mr. Howard Weisberg: Howard Weisberg. I'm the chairman of the Village Council. Through
an advertised process, voice of the people of Miami was solicited. This voice must now be
validated. Implement the charrette. Miami wants this area dedicated to traditional waterfront
uses. The Council, the Village Council felt this strongly enough to call an emergency meeting to
confirm the voice of the people. Coconut Grove has commerce dependent on this area
economically. There's boatyard facilities that are dependent on this remaining a boatyard. This
facility can make money for the City as a boatyard. It can provide revenues. It can be attractive.
It supplies jobs. Other cities have taken historic structures and made them economic assets to
their cities. Pittsburgh has rebuilt train stations that people thought were ugly. Key West has
kept its character. The French Quarter in New Orleans remains. Coconut Grove has its
historical roots in waterfront activity. We want a facility reflective of the history of Coconut
Grove. We want to spend our boating dollars in Coconut Grove. We want to see boats here.
We want to be able to have our boats repaired here. The City has recently spent a tremendous
amount of money on a marina. What is a marina without a repair facility? The activities of this
waterfront are consistent with our existing community. We do not have to destroy to rebuild.
We want to retain this waterfront as is, with all the structures.
Mayor Clark: All right, sir.
(APPLAUSE)
Mayor Clark: Yes, sir, give us your name.
Mr. Michael Cannon: My name is Michael Cannon. I'm a resident of Coconut Grove, living at
3251 Coacoochee Street, and I've been a resident of Dade County since 1946. And when I was a
Boy Scout, I was in the Sea Explorers. That was sponsored by the Coast Guard Auxiliary at
Dinner Key Marina. By profession, I'm a real estate analyst and consultant. I write a column
for the Miami Herald on real estate matters, and I'm declared an expert in matters of real estate
redevelopment and refurbishment, so I speak with some professional qualifications on this. I
have conducted, I and my firm have conducted, numerous studies on marinas, boatyards, not
only here in South Florida, but throughout the United States. I did participate in the charrette,
and I offered my professional services on a pro bono basis to Joe McManus in connection with
the development of this. The Cocoanut Grove Village Council, and if I may, I'd like'to read it
into the record, at the emergency meeting last Tuesday night developed the following:
"A resolution of the Cocoanut Grove Village Council specifically
adopting and recommending implementation of the findings of the Dinner
Key Virrick Gym charrette as set forth in the City of Miami Planning,
Building and Zoning Department Study. Whereas Cocoanut Grove
Village Council is the elected body of the residents of Coconut Grove and
acts in advisory capacity to the City of Miami Commission on Coconut
Grove issues; and whereas on January 22, 1994, an all -day City -sponsored
charrette was conducted on the adaptive reuse of the Virrick Gym and
immediate surrounding areas, and whereas the charrette was publicly
noticed and attended by a broad spectrum of residents and business
owners from throughout the City of Miami, including members of the
Cocoanut Grove Village Council; and whereas public meetings on
February 15, 1994 before the Waterfront Board, before the Heritage
Conservation Board on March 16th, the Planning Advisory Board on
March 16, 1994, all resulted in recommendations to the City Commission
267 March 24, 1994
to approve the broad -based charrette recommendations; and whereas the
Cocoanut Grove Village Council has voted unanimously to urge the City
Commission to approve the City of Miami Planning and Building and
Zoning Department study, and to direct the Administration to adopt and
implement its goals and objectives; now, therefore, be it resolved by the
Cocoanut Grove Village Council that Section 1: Cocoanut Grove Village
Council hereby recommends to the City of Miami Commission to adopt
the findings contained within the City of Miami Planning, Building and
Zoning Department Study with specific attention to: (A) the results of the
charrette on Page 13. - and I would suggest that you look at that,
gentlemen, because some of the comments directly address this - of the
study attached, and it's on Exhibit A, presented to you; (B) the plan, on
Pages 14 through 16 of the study attached hereto and made a part thereof;
(C) the next step on Page 17 of the study; and (D) the goals and
objectives. Section 2: The Cocoanut Grove Village Council recommends
that the City of Miami Commission authorize the City Manager to
advertise for professional services of qualified marine architectural
engineering environmental planning firms to delineate and design the
renovation and redevelopment concept consistent with the
recommendations from the participants in the charrette as summarized in
the City of Miami Planning, Building and Zoning Department study. The
Cocoanut Grove Village Council recommends that the City Commission
direct the City - direct that the design concept should be developed prior
to the City Manager's preparation of an RFP (Request for Proposal) in
order to avoid a skewed or single developer design concept that may not
necessarily be consistent with the results of the charrette. Passed and
adopted this March 22, 1994."
I would like to give you some additional reasons. The City of Miami Beach wanted to do a
redevelopment program on South Beach. Seven years went by, and they said, "We must tear
down all the buildings on South Beach." That was a historic disaster, and we all know it. The
private sector came back in. Miami Beach is the hottest real estate and renovations reuse of
existing buildings that date back 50 years, Mr. Clark. And I think you all enjoy the luxury that
we all are seeing now, that the international set is down on South Beach, and that's because of
changing demographics. The reason for the suggestion that you hire a planner in the beginning
so that we don't make further mistakes, and I must say this, as following: The reasons for
suggesting the foregoing prior to the City soliciting through an RFP a developer, manager,
operator of the Virrick Gym Dinner Key Marina is to avoid a single developer concept design,
and the invitations to a qualified architect - and you can do that through a second charrette,
probably at pro bono - will enable the City to avoid mistakes it has made in the past, and I'll give
you an example. The arena, a mistake was made. They should have spent the extra
$10,000,000, and you wouldn't have a hundred million dollar debacle on your hands. Bayside
Marina. You have a marina that's at Bayside that doesn't work, it never will work, and you
hired somebody to do a study that said it could work, and it won't work, because of the currents,
and the agreement that you have with the Rouse Company. And these mistakes should not be
continued in our City of Coconut Grove. Furthermore, there's a deed restriction in the quitclaim
deed that I'm sure you're aware of, that you must go to the Federal Government before you can
do anything to the Virrick Gym. The only part of that building that could be torn down is where
the recreational department is, because that came afterwards. But the historic significance of
that gym, yes, it looks bad. When it looks bad, it doesn't work. But hangars, you have a lease
with Spencer Meredith next door at Grove Key Marina. His lease with you states that he can
service up to 28-foot boats. The marina next door from the charrette is 38-foot boats and more.
The hangars are perfect storage facilities for those boats. And if it was put back into that use, it
will be one heck of a revenue generation. I have a boat that I store in Tavernier Creek Marina in
the Keys, and my boat is 26-foot. I pay $165 a month. A 38-foot or more to 45-foot are stored
268 March 24, 1994
there. They pay over $250 a month. There's a shortage of enclosed boat storage facilities. If the
RFP, with proper guidance was, put out, and the design of the concept with the engineers,
preliminary studies have been conducted that those buildings have been so overdesigned, the
structural, you're talking about the cladding on the outside, that can be replaced. They can
redesign those hangars into something that is probably a best complement. And 1 think the
details that are contained within the charrette will be a money -making situation for the City if
it's handled properly, and I think it will be a compliment to the citizens of Coconut Grove.
(APPLAUSE)
Mayor Clark: Sir, let me tell you something. I want to tell you one thing. I did not say that I'm
in favor of tearing down anything. I did not say that. I said, if you want to be practical. Now,
you've repaired a lot of things. You're an expert. I don't think you've ever repaired a hangar in
your life.
Mr. Cannon: Mr. Spencer Meredith did a fairly nice job economically in repairing his hangar...
Mayor Clark: Well, I can tell you... that's fine.
Mr. Cannon: ...and I think it's been a complement. Hasn't it, sir?
(APPLAUSE)
Mr. Odio: Wait, wait, no, no. The City repaired that. The City of Miami repaired that.
Mr. Cannon: And that hangar looked just as bad as the two hangars next door.
(APPLAUSE)
Mayor Clark: I'm not in favor in tearing down anything. If you want to keep it there, fine, we'll
keep it there. I'm not in favor of tearing that down. But you help me get the money to repair the
thing.
Mr. Cannon: The money can come for the design of it from the architectural budget within the
FEMA monies, so the City doesn't have to spend anything. That is called a soft cost, Mayor
Clark, and you know that. Therefore, you design it first, get the feasibility study on the reuse
and renovations of it, and then do it proper, and you'll see that you have an economically
feasible development there that complements the City.
Mayor Clark: We have this on tape, and I'm going to bring it back to you someday and show it
to you.
Mr. Cannon: You've got a deal.
Commissioner Plummer: That's an idea, but, you know, the bottom line - he's talking a lot of
big dollars.
Mayor Clark: Thank you, sir. Yes, ma'am.
Ms. Louise Yarbrough: Louise Yarbrough, executive director of Dade Heritage Trust. Dade
Heritage Trust is an historic preservation organization that represents the citizens of Dade
County that are very concerned about their heritage. Coconut Grove, as does other parts of Dade
County, have a right to their heritage. That's what makes the City a unique place to visit, a
unique place to live, and the buildings that are part of the history, and the landscape that's part of
269 March 24, 1994
the history, is something that you cannot replace, and you cannot put back once it is gone. The
charrette was representative of a group of people from throughout the community. They were
not here for fun and games. They were here because they were concerned. They were here
because they had a real wish to make this community a better place to live, and to use the
resources and the facilities, and incorporate what we've got to make it even more special than
what can be erased and then put back. I think when you look at cities like Boston, like St. Louis,
any of these cities that have waterfronts that have used their facilities, have restored their
facilities, they have something that is unique, that draws tourists, millions and millions of
tourists every year. To say that you can make a facility turn into something that's functional,
yes, I agree with that. But you cannot replace what we have, and you cannot bring it back, and
you cannot recreate something that is gone. Miami has a history that is very unique. It is a
worldwide center for aviation and for marine aviation, and it's something that is inherent in this
whole community. It has started here, and it has spread throughout the world. You have things
that have come together here that no place else can call its own. And once we start to destroy
completely everything we have, then you can't come back to that. And you speak of buildings
and the deterioration that they have reached, and the fact that they are in such sad shape, and
they look terrible. Well, that speaks to maintenance, and that speaks to taking care of what you
have. And until you start taking care of what you have, it's going to continue to go down. I
recommend very strongly that you accept the recommendations of the charrette.
(APPLAUSE)
Mayor Clark: Thank you, ma'am.
Mr. Bruce Reep: My name is Bruce Reep. I live at 3530 East Fairview Street. I've attended
every charrette meeting. I've lived here since I was a little boy, been sailing out of here for a
long time. What we're talking about here tonight are two issues that you don't realize you might
be affecting the rest of this community. One is trust, the trust in our government. Because we
were asked by the City of Miami to come to the charrette. It was unanimously decided on. And
one of the most important conclusions of the charrette is item number 1 which I gave to you in
your packet. Now, I wish you all would look at it, which asks for you to rescind the demolition
order from June 29th. OK? And I've heard that that's been done, but now I'm hearing about
possibly tearing it down again. The second item in there is that we asked, and we instructed Mr.
McManus, this was what the conclusion of the charrette was, was to instruct him to present you
with a resolution that you would vote on, and if you vote against it, that's fine, but at least we'd
know you voted against it as we asked for it to be written. It changed, you've already heard the
part from "accept" to "approve" or "approve" to "accept." By the way, at the water board
committee, it was written "approved." And it was very strangely changed then at the historical
board. We'd like to know why it's changed, and keeps changing, and has the stamps of the Law
Department. This is much better. Also, on their first draft of what went on at the charrette, from
Mr. McManus, all the items in the charrette came down as item number 1, 2, 3, all the way
through as part of goals of the charrette. Later on, they had been changed to "other comments,"
which weakens the study even Mr. McManus presents to you. I'm going to go forward. That
was the part about trust. We want to be able to trust our government, that they don't ask us to
come out. If you want to vote it down, vote down on at least what we had requested in the
charrette. Second item, need. Page number 2, item number 2 is a list made of all the marinas,
over 20 of them in the Dade County area, Biscayne Bay area from 79th Street down to Card
Sound Bridge. I'm a boater. I have a 33-foot Morgan, and I'm going to give you a little
statistics about boats over 28 feet. OK. What I'm trying to let you know is how many boats are
in the Biscayne Bay area. We called every single marina. How many boats do you have now
over 28 feet in this area? We called all the yacht clubs. We contacted all, and went up and down
all the areas of Gables Waterway, Old Cutler, Coco Plum. This is not just a City of Miami issue.
This is a Dade County issue. This dry dock facility that I'm hearing should be torn down and
rebuilt. The City is being told, the community is being told by the City, we have no money to
270 March 24, 1994
rebuild. OK? Where are we going to get it from? We have a very good facility. The price for
inside dockage up at Apache Marine, which is way up in North Miami, Northeast 183rd and
135th is another one. Those are the other two next closest dry docks, other than the Miami
River. The price range outside is not what you say it is. Nine dollars a square foot, per month.
OK? You've got to get some of you... Some of the things that you all are being told here aren't
exactly correct. We contacted all the Coast Guard, Coast Guard people, and we contacted all of -
excuse me. We contacted all of the people who are executives at these yacht clubs and at these
marinas, and the overwhelming majority of them said, no way, we can't lose that. You have to
understand that it takes two hours to get from... The next marina, by the way, where you can pull
a 28-foot boat out south of here is South Card Sound, by a half hour by boat. OK. So you got a
half hour to Card Sound Bridge. Then you got from Card Sound Bridge up to here or where
most of your people will have to go the farthest and you're asking all the inconvenience to this
marine community. You're asking them... It's two hours up to just to Dinner Key from
Homestead Marine Park, where the public park marina is down there. You have a list in front of
you of all these marinas and all these waterways, and all these residential areas, and these
condominium marinas. You have over 3,000 boats. That's a lot of money that comes in. I used
to own a little boat. When you go to fix a bigger boat, it costs triple. This money can come in.
Excuse me. You also have a list on the same page of all the marine businesses, marine related
businesses in the Coconut Grove area. It surprises me that this executive board comes up from
the Chamber of Commerce and Mr. Stuart Sorg comes up on a Friday one week before when the
rest of us have been in the sunshine law attending all the public things. It's very strange to me
that we've been asking him for several weeks to get a copy, and they're not available till last
Friday. I was at the meeting where his committee met. There was not any unanimous support
behind it, and 1 think you will find that the Chamber of Commerce and most of your businesses
in the Grove will be very dissatisfied with this, if you start to tear down our marine facility.
There's other, many other supports from may other businesses. The majority of the businesses I
took flyers and petitions into, 80 percent said, "Please put them up," and signed them themselves.
Here's a copy of (inaudible). "We, the citizens of Miami, wish to express our support for the
continued use of the property at 2640 South Bayshore Drive, known as the Dinner Key Boatyard.
We urge the City to utilize the FEMA funds already allocated for the repairs of the damages
caused by the Hurricane Andrew immediately." Immediately. "And to develop a workable plan
that provides for the uninterrupted use..." Not knocking it down and waiting two or three years
for a park.
(APPLAUSE)
Mr. Reep: "... The uninterrupted use of this facility as a full service boatyard, and repair Virrick
Gym to be used as a recreational facility for our children, the public and Shake -a -Leg." By the
way, that's what the deed restriction says, it's for the people. The originals, I will send on, if
necessary, to the Department of the Interior. That's why I kept the originals, because I'm not
going to lose these. I want it to be known that the sentiment of this community is that this, the
Virrick Gym stays, and also that the sentiments of this community is that the dry dock services
stay.
(APPLAUSE)
Mr. Reep: I think if you would please look at that item, with all those boats, that you will see
that you are putting an undue burden by making all these people have to bring their boats all the
way up the Miami River. By the way, when you get to the mouth of the river, which is about
three hours from Homestead, you got another 45 minutes to go through the five or six bridges.
So that's how far they've got to bring it. But now, all those same people who live down near the
Homestead area, they also, and Key Biscayne, now they all got to go up to the river. All those
people down south have to go pretty far in their car. You're creating a lot more traffic than
necessary. This is a centrally located boatyard. I'm almost done. Excuse me. The last item is
271 March 24, 1994
based on prices that I called around as far as what cost per square foot for boats over 28 and for
wet storage as well as dry storage. Wet storage, an annual basis of what we used to have out
there, which is just 61 slips, OK? At the average rate of 35 cents per foot, per day, comes out to
232,000. Please look at all the figures. They're all there - 232,000 just for the wet slips. You
have room for another 61 boats of dry storage outside the hangar. We're not even talking about
the little machine shop hangar, just the big hangar, and it's tar marked. Another 232,000 for
those for an annual. And I'm just giving you gross receipts that can come in to the City. And
you think these are all high, Mr. Odio. OK. My prices per foot are the going rate. The haul out
travel lift, $4 per foot, that's what Mr. Spencer Meredith charges. That is the going rate. At just
two and a half boats a day, for six days a week, only a 24-month, OK - 24-day month, you still
come out to 102,000 over a year. I'm just going down, because since nobody's reading it, I
guess I better. EPA (Environmental Protection Agency) required pressure cleaning. This is a
new environmental code that's required. Seventy dollars, $2 a foot is a very good price. It has
to be over a pit. There's some very big expenses that need to go over there to fix this marina up.
I'm trying to let you know what kind of money can come in. We can find the money to fix it,
and I'll show you how in a second. Rental space inside the hangar goes for $9 a foot. That's -
excuse me. The rental space just for the shops and all those areas, an average of $6 per square
foot. The space has 2,600 'square feet. Yes, some repairs need to be done to some of the floors.
If they had been fixed earlier, this money could have been coming in a long time ago. A
hundred and fifty thousand a year. Inside storage based on 35-foot at $9 a foot is another
$75,000 a year. That's 20 boats, that's not a lot. You can put that many in the big hangar. The
fuel docks, a very, very low price of 20,000, of 20,000 gallons a month. Merrill Stevens used to
pump 40. You can make another $75,000. I mean another $120,000. Anyway, a grand total of
over $900,000 can come in on this operation if it is fixed up and run properly. Now, you say,
where will the money come from? Well, let me explain something to you. I've heard Mr.
McManus at one of the evenings of our charrette thing where he - slip of the tongue, and quickly
he corrected it the next night - which was to separate this marina from this dry dock. All of the
yacht clubs have their marinas supplementing their help, particularly on City property. The
yacht clubs do. Monty's does. It sure helps his property. So since these other marinas... And
Merrill Stevens had it too, so I don't understand any discussion of why the money that would be
coming in from the wet docks should be separated from the dry dock. I've tried to express to
you a need. Now, I've expressed to you how much money that can come in. Everybody here
has a copy of this, OK, facility. Yes, there's a lot of repairs. You have to have a consideration
for a large consideration. The EPA requirements are incredible. Pressure cleaning pits,
filterings that Mr. Spencer Meredith has, the rules have changed, and they're even more strict.
You're going to have to have wells dug. Has the City gone through to find out what it would
take? I have tried to get in touch with Jack Luft. I have talked to your Public Works. Have they
gone through - and I don't know why it wasn't done four years ago - to find out what it would
take to fix up this dry dock facility to a state-of-the-art facility, instead of just putting out RFP's?
What will it take to fix it? I hear about the asbestos tar, which is the corrugated tin. Yes, it's
correct, the rules have changed. They're very strict now as far as trying to remove that. They
don't have to be removed. They can be encapsulated. There are all kinds of systems to
encapsulate it right where it sits and repair it.
(APPLAUSE)
Mr. Reep: This whole idea of just knocking down facilities when we're told that we don't have,
the City doesn't have any money to rebuild it, we're going to be looking at a big empty space.
The petitions ask for you to keep it. I have one last statement. As far as the way for paying for
this, I have two last little statements. Sorry. As far as the way of paying for this, you could
probably configure this very similar to Monty's lease; that whoever invested their money - he
invested $3,000,000, that was a lot of money - he got a $250,000 credit each year for - three, up
to $300,000 credit towards his rent for each year for the next ten years. I don't know how many
people know about that, but that is a very good way. It allows an investor to come in, and you
credit it towards his rent. The City gets a percentage. It's not... Am I incorrect? I've read it...
272 March 24, 1994
Mr. Odio: You're right.
Mr. Reep: OK, I am right. Thank you.
Commissioner Plummer: No. He's not completely right.
Mr. Reep: And you get a percentage of...
Commissioner Plummer: No, no, no. Where you're mistaken was that amount of money that
was promised on an annual basis by Monty's released to the City was to pay for the property, to
acquire it in the name of the City.
Mr. Reep: Correct. And I think that the property should stay in the name of the City for the dry
docks. OK. My point is, we don't have to float a bond issue. If you can design a nice, beautiful
little contract like that for Monty, and it helped the City. I like Monty's, and its marina is
beautiful. We should have it done here at this dry dock facility.
Mayor Clark: All right. Thank you, sir.
Mr. Reep: I got one last thing and I'll quit, and it's going to bring everybody together, particular
Mr., since we are on his subject, on Mr. Sorg's subject. There is a sentiment for a park, and
there is a real need for a boatyard. With attention to details, we can have both. We can have a
boatyard that looks like a park. A bay walk where the boats will, boatyard will be part of the
show. You can have a 45-foot wide strip of a nice bay walk right up to where the boats come
out. Isn't it impressible to see a 40,000 pound boat lifted out? Tell the people, excuse me, right
now we have to shut the little draw gate for safety purposes and get out your camera, opportunity
time.
(APPLAUSE)
Mr. Reep: And while we're talking historical perspectives, possibly with a new museum, these
beautiful proportioned hangars already exist and only need to be repaired. They characterize our
community, then they can pull us together. And now - I'm sorry - they characterized our
community then. They can pull us together now. Pan Am gone, but not forgotten. I have one
last thing. Here are photographs. When I heard the proposal the other evening about changing
the ramp and changing this to a park, these are photographs of the ramp over at Seminole Docks
on Sunday. They are parked, the cars are parked all over the nice little park where our artwork
is. It is so packed. They are even parked down below the high tide mark, that guy better get
back before the tide comes in, with the trailers, and they're parked up around the exhibition
center. And I can do this any Sunday, so I'll be glad to let you have all these.
(APPLAUSE)
Vice Mayor Dawkins: Now, this is your final statement.
Mr. Reep: Yes, yes. OK. OK.
Vice Mayor Dawkins: You said "final statement" five times.
Mr. Reep: OK. OK. The homeless that are out there, when you tear down this, if you tear down
this area here, either the Virrick Gym or the other part, you're going to have big problems with
the homeless there. And if the Virrick Gym does go down, I promise you, there will be a fight to
make sure that the Virrick Park becomes a park again.
273 March 24, 1994
Vice Mayor Dawkins: Thank you, sir.
(APPLAUSE)
Mr. Richard Heisenbottle: Mr. Mayor, Commissioners, my name is Richard Heisenbottle. I'm
an architect and member of the City of Miami's Heritage and Environmental Preservation Board.
I'm here first to tell you what you probably already know, and that is that the City's board
recommended that you adopt the outcome of the charrette, that you proceed in that direction, and
proceed immediately. We did that with great enthusiasm. But I'm here to also tell you that on
January 22, 1994, one of the most incredible things happened in the history of Coconut Grove,
and that is that 120 residents from the area of Coconut Grove agreed on one thing; never
happened before. What they agreed on is a rational, realistic plan for the restoration and
adaptive reuse of some wonderful historic structures, and you should look at some of the original
drawings of these structures before you make any decision as to their quality. They agreed that
they have a fondness for old things, I suppose. A lot of us have a fondness, Mr. Mayor, for older
things. And that we think that some of them are built a lot better than the new things that are
around.
Mayor Clark: You're darn right.
(APPLAUSE)
Mayor Clark: I don't know whether you would address the American Institute of Architects like
that or not. You're liable to go out of there with a rope around it. Now, I tell you, when you're
young, you think a lot about old things.
Mr. Heisenbottle: As past president of the American Institute of Architects, I certainly do
address them that way.
Mayor Clark: Well, you have to agree with me, sir, that if the price were prohibitive, and you
were trying - now, listen to this closely, now, don't interrupt - and you had to do something with
that building, if you tried to raise money to refurbish the public, that's what I said, if you took it
down and built a new building, you'd have a better chance, and you'd have more bang for your
buck. The historical value has a lot to do with this thing, and that's the reason I said that. I'm
not in favor of tearing it down. But when you see the final price to refurbish this thing, to even
meet the minimum standards of our building code in this community and throughout the country,
you're going to find out it's astronomical. Am I right or wrong?
Mr. Heisenbottle: Mr. Mayor, I would also suggest to you, the grants from the State of Florida,
Division of Historical Resources will assist in the restoration and adaptive reuse of these
buildings. And probably in the long-term surprise you in the amounts of money, over time, that
might be available for their restoration.
Mayor Clark: It won't happen overnight, I know that.
Mr. Heisenbottle: Mr. Mayor, I urge you and the Commissioners to hear the voice of the people.
Mayor Clark: We are listening.
Mr. Heisenbottle: The people agreed on this plan. They agreed nearly unanimously, and I urge
you tonight to instruct the City Manager to proceed immediately with implementation of the
recommendations contained in the report. Thank you all.
274 March 24, 1994
mwl
(APPLAUSE)
Mayor Clark: Yes, sir.
Mr. Townson Rodklein: My name is Townson Rodklein. I live at 3621 Loquat. I don't have
very much to say. I don't even know where to start. Let's just pursue this tear -down notion.
You've got basically five structures in that string. Two of them happen to be Grove Key Marina.
Those buildings were very simply reskinned. They didn't even need to be repainted because the
color came on the skin. And you've got new logos on them. And you folks saw fit to renew that
lease for 20 years. So you must not have thought that they were such a grand eyesore. When
we're talking about where is all this money really coming from, I'll tell you. If you guys would
get out of our way and let us put a runway down there for a travel lift, most of the money that
you need available to restructure those buildings will come right out of the construction over
there. You don't have to blow millions of dollars worth of revenue or FEMA funds. The
revenue in that boatyard is truly available. You need simply to stop obstructing us. My main
concern here is I honestly don't believe you. My real fear is that if we permit you, and I say
"permit you" to tear down those structures, this community will lose them forever and they will
go to another use. Thank you.
(APPLAUSE)
Mr. Joseph Herndon: Mr. Mayor, Commissioners, good evening. My name is Joseph Herndon.
I live at 1111 Crandon Boulevard in Key Biscayne. I am the president of a firm that is
specialized in historic preservation and redevelopment, and tourism planning projects in the
United States and abroad for many years. And I have had the fortune of undertaking some very
difficult projects in years previous, some of which you know. Not too many years ago in 1984,
the Biltmore Hotel, here in Coral Gables, was a sow's ear. It was a hulk of a building. It had
tremendous structural problems. It had difficulties with asbestos, with lead, with pigeon guano.
You couldn't have imagined a building that had more difficulties than that building had, and it
wouldn't have lasted many more years. That's only one example of a sow's ear that can be,
indeed, turned into a silk purse, as is the Chalet Blanc on North Miami Avenue that's under
restoration now, and other projects. The second point is, having done an awful lot of tourism
projects and related to historic preservation, I am very much aware, and it was certainly brought
up in many times previously, of the extreme potential that exists here for an aquatic aviation
museum, none of which really exists in this country, and which is a major boon to tourism
drawing potential, the revenues of which can be, it can well be justified by looking at projects
such as the Howard Hughes Blue Goose, itself, the Grand Goose, itself, and other projects of this
sort, and certainly, with the Pan Am legacy. And I guess, finally, to conclude my remarks,
which I'd like to keep very brief, is in the planning process in which you solicit specifically a
community participation, it is very important not to prejudge, not to make up your mind
previously, and open that, and especially when, as I participated, can come back and report to
you a unanimous opinion on specific subjects. Thank you very much.
(APPLAUSE)
Mr. Rich Grant: My name is Rich Grant. I proudly live in the anchorage out back here. I'm the
manager of the dinghy shop in the small hangar in the old Merrill Stevens boatyard. And I'd just
like to clarify a couple of points. Number one, I'm not a carpenter. Some of my best friends are
carpenters. I'm not one. Number two, I've got about ten boats in that small hangar, right now,
under repair or for sale. So if anybody wants to say there's no boats over there, that's not true. I
got them there now. I went to the charrette, and I feel that, as your boss - the public is your
boss - you need to listen to the public. This is what we want there. We want to keep those
buildings there. We don't want to be, we don't want the buildings knocked down so the new
hotel across the street can have a good view. We are the people, and we want you to do what
275 March 24, 1994
y,w
we've told you to do as our employees. I'm going to leave you a couple of cards of other
noncarpenters that are there now. Thank you.
(APPLAUSE)
Ms. Arva Parks: Mr. Mayor and members of the Commission, my name is Arva Parks. I'm a
historian. I live at 1601 South Miami Avenue. I, too, attended the charrette, and I have to tell
you, I had some of the same feelings that Rich Heisenbottle did. I've been on a lot of
commissions, gone to a lot of charrettes, and I have never seen the unanimity that came out of
that charrette. I also, as a long advocate of historic preservation, have not ever seen that many
diverse people come out in favor of historic buildings. That is really a first, I think, in,
practically, Miami history. I'd like to speak, just a minute, to ask you please to keep an open
mind about the buildings and about their potential reuse. I think there's a very serious problem
in thinking of them only as a sow's ear or something to be torn down. There have been other
waterfront projects around the country that have been very, very successful. Unfortunately, in
this community, we have a very bad habit of tearing things down and then deciding we're going
to build something back, and wonder what happened to what was there, or trying to imitate what
was there. What we have on Dinner Key is real. I think you need to know that the Smithsonian
Institution, for instance, their most highly attended part of the whole Smithsonian is their
aviation museum. We have, right here in Miami, in Coconut Grove, a remarkable piece of
national aviation history, between the Dinner Key Naval Air Station, which was one of the first
in the country; between the Coast Guard Station, which was one of the first air/sea, I think the
first structure built by the Coast Guard in the United States of America for sea, air/sea rescue.
We have the history of Pan Am, which I believe, as a Miami historian, more than anything else
launched us on the international future that we'd been dreaming about. It was right here that it
all began in many, many ways. We have the history of Coconut Grove with its marine heritage,
with its waterfront heritage, and we have, in effect, with these buildings, we have a potential
gold mine for the City. And I would like you to think of it for a while to give the opportunity for
that side of it. You've heard from a couple of people who've worked on preservation projects
before. The Historical Museum has shown interest in one of the buildings. There is people
attraction potential, the kind of people you want to attract, families. We have been talking about
wanting an attraction in this community, in Miami. We have longed for a Disney. We have
longed for make believe. We have something real right here in our midst. We have something
that people can come and enjoy and pay money. The other thing around us that we have is, we
have a marina that will have a lot of potential income for the City. And we've heard statistics -
I'm no expert on that. What I hope you will do is to keep an open mind and go out with some
kind of a request incorporating the charrette, and asking for some people to look at possible
reuses for the building. I, too, was in the... Before I had the good sense to move back into the
City of my birth, Miami, I lived in Coral Gables for many a year. I was very involved as a
citizen advocate, trying to get the City of Coral Gables Commission to go out with a Request for
Proposal. I must tell you, I heard many of the same arguments and I'm glad you're concerned
about money. I am a City of Miami taxpayer. But the City of Coral Gables took a big jump off
and said, "OK, let's go out and see what happens. We know no one's going to care about that
building." Well, it's had a little bit of a rocky future, but it hasn't cost the City of Coral Gables
any money. And now it's going again, and it has become one of the most important pieces of
Coral Gables. I think that the Dinner Key buildings have the same kind of potential for the City
of Miami, for the kind of positive things that we all want, and I ask you, please, to keep an open
mind, and at least give the buildings a chance to see what we can do with them before we talk
about demolishing them. Thank you.
(APPLAUSE)
Mayor Clark: Let me ask one question. Thank you, Arva, for your support. J.L., do you have
an open mind?
276 March 24, 1994
FY�'T
Commissioner Plummer: Sometimes, Mr. Mayor, it's too open. Mr. Mayor, you know, when I
talk about...
Mayor Clark: We're getting all kind of accusations, we don't have an open mind. I have an
open mind, as wide as this room. I've made no decision. Have you, Willy?
Commissioner Plummer: As far as I'm concerned, you know, the thing that bothers me, it's nice
to talk about the Virrick Gym. Let's just use that. The Administration is saying, and I have to
take what they tell me as gospel, because I don't know, to put the Virrick Gym alone back into a
restored state, acceptable for use, is $2,000,000. Now, I'm sure that there will be some people
that will argue about that. To go and to have, to me, the other buildings, Mr. Mayor, I have to
tell you, to me, they're ugly buildings. Now, we can disagree on that. I say that as far as I'm
concerned, my only closed mind is that that is going to be a full service boat marina. That has
been my pledge since I have been here. The one we can argue about is whether or not those
buildings can be restored to make them look decent, at what cost. And I think that is a very
governing factor. The Virrick Gym, where is Elizabeth's daughter? How many times your
mother beat my head soft about the fact why don't you repair this damn building? And when she
started a boxing program, she was the only one that I knew was who would never go in and
watch the boxing, because she says that was brutality. OK? But I'm saying to you, I don't think
that it's practical to try and restore a building that was never, from the day we got it, a good
building. The building was falling down. Those doors on that Virrick Gym, they haven't
worked since I can't remember when.
Mayor Clark: But, J.L., you have an open mind. That's all I want to prove.
Commissioner Plummer: Sir, I say to you, the only portion of my mind that is closed is the fact
that I am committed and stay committed to the full service boat marina.
Mayor Clark: Thank you. Willy, give them your mind -set.
Commissioner Gort: Mr. Mayor, as you recall when we were campaigning, one of the things we
talked about is the NET (Neighborhood Enhancement Team). We put a lot of emphasis in it.
The reason we did is because we wanted people to run their own neighborhood and come up
with their own planning for the neighborhood. I think if the City asked individuals to have a
meeting - I had over 120 individuals get in there - have a meeting, and they all came out with
the... And the previous motion that we passed, it was approving their recommendation. And I
think we should at least give them a chance and see a feasibility study. Maybe there's ways to
preserve some of those buildings and maintain and do what needs to be done.
(APPLAUSE)
Commissioner Gort: I think we have to listen to them. We asked them to come and give us their
opinion. They went and spent two days in there, and they came out with some opinions, and I
think we should listen to them.
Mayor Clark: You want to give your version, Mr. Dawkins?
Vice Mayor Dawkins: Yeah.
Mayor Clark: I'm just trying to poll the open-mindedness.
Vice Mayor Dawkins: I am the one sitting here with J.L., who said that I am committed to a full
service marina. Now, I've said that from day one. I will continue to say that. There are those of
you out there who will disagree with me. I do not see how a museum is a full service marina. I
277 March 24, 1994
do not see that, but that's just my opinion. Secondly, I've said from day one, and I'm happy to
hear some of the people in the public agree with me. The hangars are a source of revenue and
the public agreed with me. The hangar is a source of revenue in that there is storage needed,
both wet and dry. And we are not storing in that. So, I am in favor of attempting to put the
storage in there, Mr. Mayor. As for the Virrick Gym, I hear what everybody is saying. I agree
with what everybody is saying, but I have yet to hear the historic preservationists come before
this Commission with any dollars. They always come telling me how to preserve it for the
beauty of the country, for the historic value of it. All of this takes money, but the historic
preservationists never come and say that, "let's work hand -in -hand to restore this," Mr. Mayor.
They say to the City Commission, "We want you to bring that back and take it where it was." I
do believe that collectively, all of us out there, all of us up here, can raise the money with the
Virrick name, Shake -A -Leg name, the City of Miami. We should be able to raise the funds to
restore the gym and make it safe and be used. I am for the full service marina, and if we find the
money for whatever, Mr. Mayor. But I am the one also who yelled and screamed for the
charrette. But I did not intend for the charrette to come in here and be written in stone. My
thoughts on it was a charrette would be devised saying what we, the community, figured should
go there. And then we would take that design and put it out as an RFQ (Request for
Qualifications), and anybody who came back, Mr. Mayor, with ideas and money, and investors,
then we could do whatever that was. That was my...
Mayor Clark: Thank you, Mr.... You want to say anything, Mr....
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: Jump in.
Commissioner De Yurre: Well, like I said before, I have no problem knocking the whole thing
down. That is just my opinion. Again, from a historical perspective, you have to be realistic.
And that Virrick Gym - and I've walked through it from one point to the othe - it's not the
Roman Coliseum, folks. It's something that is part of our history, but it's nothing that is going
to last for centuries on anything along those lines. It has a life span which has pretty much
reached its end. When you are looking at... and that's been pretty much accelerated because of
the Andrew situation, that it's in a situation were it's really not feasible to restore it. The money
is not there. And it is not the best thing to do. I believe in open space to the water, making it
assessible to everyone. I also believe in maximizing the income to the City of Miami. So, there
has to be a compromise within myself, do something where we can maintain some kind of
boatyard facility that will service the community and also bring income to the City of Miami. At
the same time, I am committed to the Shake -A -Leg Program. I am committed to sailing. I am
committed to having the aquatic programs, sports programs in that area because that is the ideal
location for something of that nature. So, right now, I stand open to suggestions, like the motion
that is still standing. I made a motion to accept the study, and for us to move ahead to see
feasibly, you know, what can we do from an economic standpoint. Understanding the desire of
the community. And, also realizing our financial situation. And, basically, that is where I am at.
I think that's where this Commission is at right now.
Mayor Clark: All right. Yes, sir, your name.
Mr. Lowell Kuvw: Yes, my name is Lowell Kuvw, and I live at 2903 S.W. 22nd Avenue. I've
lived in the Grove for the last 20 years. Basically what I see here is that there are two issues
before us. We... Everyone seems to agree on the Shake -A -Leg, of which I am also an employee.
I am the selling coordinator over there. Everyone seems to agree on the Shake -A -Leg program.
I've heard it from each one of the Commissioners. I've heard it from everyone in the
community. What seems to be at issue here is the other two buildings, the old Merrill Stevens
278 March 24, 1994
buildings. I would like to make a suggestion that you divide the issue and have the Shake -A -Leg
Program move along. Whether they are going to rip down that building, that particular building
or not, be its own issue, and whether you are going to rip down the other two buildings and what
you are going to do with that property be another issue. I think that would benefit not only the
Merrill Stevens people, the people that support the full -service marina, and that you could better
address those issues without Shake -A -Leg being a "monkey on your back," and taking away
from your time there. It would also benefit Shake -A -Leg and the community as a whole, in that
this program would get moving and start developing itself. You might learn from the Shake -A -
Leg program something that you might want to use over at the Merrill Stevens program.
Mayor Clark: All right.
Mr. Kuvw: It's better to take that pilot program, the Shake -A -Leg program, move ahead with it,
and maybe you can learn something from it.
Mayor Clark: Good thought. Thank you, sir. Yes, sir.
Dr. William Hayes: Excuse me. I am sorry. My name is Dr. William Hayes, I live in West
Kendall, though I work for Dade County Schools as a school psychologist, working for the
opportunity centers, Jerry Lee and McArthur. And for over 20 years I've used the Virrick Gym,
in the past, as a therapeutic tool with my business: prevention of delinquency. And this
particular program approach, sports mentoring and whatnot, is very effective. I can speak as a
professional. I have... When I discovered that the Virrick Gym may be demolished, and
whatnot, I wrote letters to the Federal Government, State Government, City Commissioners,
Mayors, anyone I could talk to. I've come to most of the meetings that have been down here and
voiced my opinion. I had a letter put into the Herald about my program. And though 1 did not
participate in the charrette, though I only knew about it a day or two before, and it sounds like
they did good work, and there was a lot of fine ideas there, some of the concerns that I and others
have, is in the small print, boxing and inclement weather and whatnot. If I could, I would like to
read a very brief letter, similar to the one that I put in the Herald, because it was with an
impressive name, Muhammad Ali, who gave me a letter the same day I wrote this, to use his
name for these purposes. "Dear Concerned Citizens: Virrick Gym at Dinner Key Study. As the
Clinical Director for Muhammad Ali's Role Models for Youth Champions for Life Program,
which is endorsed by the Greatest himself, we strongly urge concerned citizens to reuse the
Virrick Gym as a Youth Center and Boxing Gym - mainly a multipurpose center, not only for
youth, but adults, handicapped. I have witnessed Virrick's rich heritage as a youth center for 21
years. Children who most need the services of the recreation center are least able to lobby for
the reuse of the Virrick Gym. Though our program is new to these workshops, to develop plans
to reuse the gym, we believe we speak for the children who could certainly benefit from a youth
center in Coconut Grove. Ten or 20 years ago, the gym was bustling with children enjoying
themselves, and developing sportsmanship and citizenship. The Virrick Gym could again serve
not only as a youth center, but also as an exhibition center for the community." The Champions
for Life Program would like to help the Department of Parks and Recreation, Police Athletic
League, Coconut Cares, which I have spoken to quite a bit. We are on the same page. And any
other programs that develop the Virrick Gym into a meaningful center for the youth of Miami.
Everyone is concerned about crime and delinquency, and these are programs that really work.
OK. There is... but, there is not enough of them. And I've witnessed... and I would bet money
here, as I said the other night, that I probably spend more hours in the Virrick Gym than anyone
in this room. OK. And, over the years, I noticed there was a decline. I would ask the guys
there, I said, "What's happening to the gym? The equipment is so shabby and so poor." And
they pointed out a very nasty kind of rumor. But it was repeated, "Well, they're waiting for Mrs.
Virrick to pass on, so we can tear it down and build something." They're not helping us. You
know, we're... it was run-down before. And, then, when it was, like, vacated, a group went in
and reused it. You know, I'm glad they did. Shake -A -Leg seems to be a good program, but I
279 March 24, 1994
think there could be more than just sailing and marine activities there. It's an indoors. It could
be a small arena, not just boxing, but many other activities could really take place there in a
meaningful way. So I strongly urge the County Commission to refurbish the... in that kind of
way.
Commissioner Plummer: The City Commission. Why would you use waterfront for anything
other than water related?
Dr. Hayes: OK. Good point. But, over the years the heritage showed that it was very effective
there. And the water activity should be done on the water...
Commissioner Plummer: You could use a gymnasium.
Dr. Hayes: ...the storage of boats, and whatnot, and administrative offices could take place
almost like anywhere. That's indoors, so you are not going to be rowing boats inside that arena.
OK. You maybe do some preparations to go out in the water...
Commissioner Plummer: Do you know why Eliz...
Dr. Hayes: ...it could be shared.
Commissioner Plummer: ...Do you know why Elizabeth Virrick did not... why she used that
gym? Because she tried to use Dinner Key Auditorium and it was too damn big, and she wanted
a smaller facility. And that's why she used that. She didn't like it over there. But that is what
she could afford for the program. I don't think... I don't agree with you, sir, that you have to
have a program there of boxing and other things in a waterfront facility. There are a lot of other
facilities around that you could use for your gymnasium and your boxing programs, and leave
waterfront property for waterfront activities. That is my opinion.
(APPLAUSE.)
Dr. Hayes OK. I disagree. I mean, it could be used for that, but it could be shared. Let me
make a little correction. Mrs. Virrick's daughter asked me to... when you made the comment
about Mrs. Virrick thinking boxing was brutal, she says she never said that.
Commissioner Plummer: Excuse me, sir. I don't lie. I stood with the woman when she refused
to walk in because she said, "I do this program, but, I can't stand to watch them. It's brutal."
Dr. Hayes: OK. I'm... I'm relating the message, and I don't know, and I'm not trying to
challenge your word, understand. But I just felt that it was... she wanted it corrected for the
record. And I spoke with her after... even though she didn't go up there much, she knew who
was boxing, what these kids were doing, she was involved. She would go in, and you would
have discussion with her.
Commissioner Plummer: Very much involved in the program, but she would never, on
Wednesday nights, go inside. She stayed right in that ticket booth.
Ms. Duttenhoffer: That's correct. She would not watch the boxing. But I was...
Commissioner Plummer: Never would.
Ms. Duttenhoffer: ...objecting to the word brutal. She said, "I don't like to see people hitting
each other, I feel that they are hitting me every time they do it."
280 March 24, 1994
Commissioner Plummer: That's right.
Dr. Hayes: You know, even though I participated in the sport and have used it in coaching, and
it does develop citizenship and character, you know, I find, at times, I've used the word brutal.
OK. I like to protect children, and we are using this as a therapeutic tool. You know, it can be
brutal. But...
Mr. Odio: We got a nice boxing gym over here in Grand and Douglas. You can go and use that
one.
Dr. Hayes: Thank you.
Commissioner Plummer: You got one in Moore Park.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Raymond McElroy: Yes, my name is Raymond McElroy. I live at 2917 Whitehead Street,
Coconut Grove. I'm a State general contractor, and a licensed mortgage broker. I originally bid
on the Merrill Stevens project many years ago when it first came up. Since Hurricane Andrew,
my company was engaged in repairing 70,000 square feet of destroyed warehouse buildings in
South Dade, on Quail Roost Drive, Roger's Furniture, Roger's Wicker, Five Star, American
General, Draker Building. We successfully completed the 70,000 square foot removing
warehouse freezers and over 20,000 square foot, and refurbishing the buildings to a modern
state, meeting all code compliances as we did over 50 percent improvements to the buildings.
We feel, and we studied these buildings extensively years ago, and we feel that they can be
repaired. The main building, the larger building, can be repaired and rebuilt, and a mezzanine
put in, or... and held for, you know, a full -service boatyard. The smaller building, I don't think
the structure is that good. The building in between, between the large building and that...
possibly the best use could be... should be torn down and a rack storage area should be built
there with a state -of -art rack storage. If you are going to handle large boats, you are going to
want to get down into the foundation and provide a much sturdier building where they'll be
certified for the rack storage. And this way, you can get up to three or four stories in the rack
storage. We feel that the project should be design built, and that it shouldn't go out to a separate
architectural firm for planning prior. That a good quality contractor works and design -builds to
hold to his budget and works on a budget and is very successful that way. OK. We also... we
understand that in these projects RFPs (Request for Proposals) have to be issued. But, in this
case, since there has been so many problems with the RFP, and I understand... I don't know if
this question is more for the City Attorney, that if they... someone could negotiate, who is
interested in the projects, could show financial capability up front and discuss it with the City
Attorney and the City Manager, and see... show their financial capability, and then go to the
RFP, if need be, or if there is not enough interested parties, come back to the Commission, report
back to the Commission, state what is going on, on the financial capability. Really, it's all, the
bottom line is money. And if the only way the project is going to be done, if someone comes on
it and funds the project. Again, I imagine the City can provide some money through some grants
and some participating funds to help the project along. But the biggest thing is that the financial
capability of whoever is going to get involved in this project from the beginning. And not just
keep on promising the community, you know, what they want to dream, and the Commissioner's
dream without that financial capability. And, basically, I don't know, could I ask the City
Attorney, Mayor?
Mayor Clark: State your position and we will find out. We'll get an answer back.
Mr. McElroy: OK.
281 March 24, 1994
Mayor Clark: We don't want to put him on the spot either.
Mr. McElroy: OK. Just that I don't really agree that an RFP is in the best interest right now to
going back out. Thank you.
Mayor Clark: All right. That's fair. Thank you. Yes, sir.
Mr. Ron Nelson: My name is Ron Nelson. I live at 2535 Inagua. I grew up in Coconut Grove.
I've been using the waterfront here all my life. There's a few things... most of my things
probably cover whatever other people talked about. No one has mentioned the waterfront in San
Francisco, which is not exactly an attractive place if you've been to the wharf. I am in the
seafood industry. I've slopped through fish on that dock in San Francisco and have seen
hundreds of people watch us do it. It's amazing. People are actually interested in a vital, active
marine community. There is real interest. People flock there. I know there are businesses there,
but we have businesses on the waterfront here too. You have the Chart House, you have Scotty's
Landing. As far as all waterfront use, you know, it's all water -related use. I mean, it is City
land, and there are people that don't boat, and they should have the right to use the land as well
as people who do boat. And I think that was part of the reason that the museum was put there as
well as to give tourists something to do while they are here in the Grove other than shop. And,
you know, we in Coconut Grove at one point, were looking to secede from the City because we
felt we weren't listened to, and that we didn't get the services we wanted. And you have
restored our faith with a NET (Neighborhood Enhancement Teams) office, and you've restored
our faith even further by asking our opinion, and what we wanted to do with the waterfront in
our community. We've responded favorably to each one of these things you've done for us.
We've responded very favorably to your NET offices, and to this charrette. So please listen to
us and do what we ask.
Mayor Clark: All right.
Mr. Nelson: The Chamber's presentation has presented another park in Coconut Grove. I am
certainly not against parks, but we have Peacock Park. We have Kennedy Park. We have some
great, beautiful, big parks on the waterfront in Coconut Grove. If you were to use Kennedy Park
properly, you would have plenty of room for all the mothers and children in all of the City of
Miami, not just for Coconut Grove. Peacock Park, I used to have the great pleasure of using
where the NET office and the Chamber is to play ping-pong when I was a kid. I could get a
ping-pong paddle and balls there. I could rent a basketball and play basketball outside. I could
rent a tennis racket and tennis balls and play tennis on the courts. That was a park. It's no
longer a park. You have a business in one part of it, the Chamber, and the other part, you have a
City office. The City office is good, it's a NET office. But there is plenty of park space in
Coconut Grove. The problem is the park space is not supervised or used properly. We do need
this marina, this full -service boatyard. You know, I don't really know, I don't have a statistic
how many people that work in that boatyard live in Coconut Grove and in the City of Miami, but
my bet is that it's pretty damn close to all of them. And the fact is, you tear down that facility,
you're unemploying people that live in this City that support this City. That can be a revenue
producing area. Also, you say it's an eyesore, but the boatyard next door isn't. Well, that's
because the boatyard next door is taken care of, you know. You've got a neighbor that is a slob,
you don't tear down his house, you get him to move out. And that's what you got to do there.
You got to clean the place up. Make it so it's not an eyesore. It can be used. Mixed use can
also be... can be there. I mean, I know a lot of people that won't go out on the boat with me.
They don't want to go on the boat with me, it's hot. They don't want to go out there and sweat
all day. I respect them for that. But they sure would like to be able to go down to that park,
walk around, go to the museum. Maybe go to Virrick Gym and participate in some other things
that happen there. And that's... it is a park, it is for everybody. Let's see if I covered everything.
I'm sorry to take your time. Oh! You talked about tearing it down and replacing it. You are
282 March 24, 1994
going to get, what, $810,000 if you tear it down? I don't think you can build a gym for
$800,000. I don't know, I am not a builder. But I don't think you can build a gym on that site
for $800,000. So what are we talking about? You are still going to end up spending two million
dollars to build a gym on that site. So I don't think you are comparing apples for apples. You
know, you say you tear it down and build a new gym. Well, sure. You're still going to spend
two million. You can't build a gym for $800,000. I really seriously don't think you can. So
let's talk apples to apples. Let's spend equal amounts of money and see what we can come up
with. Although I'm completely opposed to tearing it down, I think you need to look at it more
realistically in the fact that if you tear it down, you cannot replace it for the money you have.
Thank you.
Mayor Clark: Thank you, sir.
Mr. John A. Brennan: Mr. Mayor, thank you for hearing me. My name is John A. Brennan.
I've lived in Coconut Grove since 1960. Had a boat since I was 16 years old. I brought a little
cheering section here. I got four children, and four grandchildren. My grandson, Daniel, and my
daughter up here in the back, that's my cheering section. I do believe that the Commission
should respect the wishes of the charrette, the public, the wishes of the public. The Virrick Gym
should be a community center. And certainly support Shake -A -Leg and those people that can
get into it at your request. I think the most important thing for this board to look at, at the
moment, is the hundreds of thousands of dollars that have gone to Broward and Munroe County
in the line of boat repair work that could have been done here since Merrill Stevens left. I would
urge you... I would urge you to encourage the Manager to expand the boatyard repair facilities as
quickly as he can in any way that he can do it. Thank you very much.
Mayor Clark: Thank you, Mr. Brennan.
Ms. Sallye Jude: I'm Sallye Jude. And I am a taxpayer in the City of Miami. I own the Miami
River Inn, and have been active in historic preservation in this community since the early '70s. I
felt that the charrette opportunity was an opportunity for vision in the City of Miami. And an
opportunity to give government back to the people. Something that I think many of us have felt
was missing. So I would like you to consider that seriously. Nationally, there is a trend to have
volunteers participate in cities. We are not the only city in trouble. There are other cities that
have budgetary problems such as ours. But, by working together, the people and the government
can have the best that they can envision. I would suggest that, Mr. Dawkins, there have been
many times that historic preservation has brought money to this community. I've just been in
Washington lobbying for a historic preservation this past week. And Florida is an envied State.
We bring more money into historic preservation with Federal and State grants. I, at the Miami
River Inn, have been a recipient of a hurricane grant. It is often that you are asked to share the
cost, but it's never bear the cost in historic preservation. And I can give you figures for that, Mr.
Dawkins, anytime in your office. Thank you very much for our opportunity.
Vice Mayor Dawkins: I'll be awaiting those figures. I'll be awaiting those figures.
Ms. Jude: I'll be there.
Vice Mayor Dawkins: I've sat here for 13 years, and you or nobody else has ever come before
this Commission with dollars in your hands for historic preservation. But you come, and you
and I go to dinner...
Ms. Jude: Yes, sir.
Vice Mayor Dawkins: ... and you can show it to me.
283 March 24, 1994
Ms. Jude: I'll be there.
Mayor Clark: All right. Yes, sir.
Mr. Chris Tavantris: My name is Chris Tavantris, I was born here in Coconut Grove. I live at
3200 Mary Street now. I was born on Park Avenue. For the last four years, I have been
enjoying Shake -A -Leg. Unfortunately, when I was 16, I could not go out on the water. There
was no way for me to go out on the water. Now, there is. There is something that is going on in
this room that I see. And; that's the word "trust." Who trusts who to do what? One thing I see
is all of you supporting Shake -A -Leg. Wanting Shake -A -Leg to continue. Harry said, "Let us
have a lease to do this with. Let us take the Virrick Gym property." I've heard another person
say, "Let's separate it from the boatyard." I believe that if the City of Miami Commission made
a good faith effort and gave us something in writing saying, "Yes, you can have a lease to do this
with, we'll give you "X" period of time to find the means to." It won't be like six years that the
boatyard hasn't become a full -service boatyard. Allow us to do this. People have always said,
"Well, we can't do it, and it can't be done." In 1951 when I was afflicted with polio, the doctor
said I would not live. The doctor said I would not be able to walk. I can walk. I'm alive. After
about 30 operations or so, I take care of everything I need to take care of. I work. I enjoy
myself. Probably a little bit too much at times, and I'm always told, Harry, that the only thing
difference between me and Shake -A -Leg is he's trying to get the people out there to get up and
rehabilitate themselves, and go out there and do something with their lives. I've done it. I've
been to Europe a couple of times. Wheeled through there - '86 the last time. People who, not
having closed minds, cannot see the opportunity. One person looks at the sow's ears, one person
looks at a silk purse. I guarantee you, Shake -A -Leg will surprise you. Shake -A -Leg already has
architects available to render this project. All it needs is the good faith, and the support of the
community. It has the support of the community. Everything from the charrette and the
Chamber of Commerce is for Shake -A -Leg.
Mayor Clark: All right.
Mr. Tavantris: I think, give Shake -A -Leg a lease to run the facility as they believe it can be run
as a full community boat service. Let that good faith go on, and find the means to develop that
full boatyard.
Mayor Clark: All right.
Mr. Tavantris: And I thank you.
Mayor Clark: Thank you, sir. Yes, sir.
(APPLAUSE)
Mr. Bruce Matheson: My name is Bruce Matheson. I live at 4940 Sunset Drive in South Miami.
The sailing center needs more parking and needs more room to grow. If the sailing center was
transferred down to the Virrick Gym area, it would be able to expand. If you had a good sailing
program, you could possibly send some sailors to the Olympics, bring some notoriety to Miami.
You could also do the same thing the City did with the Orange Bowl for funds, declare it a
professional sports franchise facility. You could get funds that way, professional sailing team.
Thank you.
(APPLAUSE)
Mr. Cesar Cano: Hi. My name is Cesar Cano. And I live at 2534 S.W., and I'd just like to say
that a park and a boardwalk would be something everybody can use. Maybe even, you know,
284 March 24, 1994
lights at night so we can come out when it's not so scorching hot, or do something with the other
parks so you can... lighting or something. But a, you know, a boatyard, it's just for the rich
people, you know. That's all.
Mayor Clark: Thank you. No applause for that, ma'am? Yes, sir. Mr. Randy.
Mr. Randy Nimnicht: My name is Randy Nimnicht. I am president of the Historical Museum of
Southern Florida. And I was the first State Historic Preservation officer, and I set that program
up some 24 years ago. I wanted to comment on some things I've heard tonight. Spencer's place
is not an eyesore. It's a very fine looking place. And those buildings can be fixed up and they
can be made economically viable. I've sailed on the bay all my life. I am proud to do business
with a place like Spencer Meredith's. Environmental controls were in place. I'm always
amazed when I go down there and haul my boat, all the people that are sitting on that little bitty,
grassy berm, between this building and his place - I'm trying to make the point that people like
to watch. People that are not involved in boating like to come and watch the operations of the
boatyard. Number two, I support the findings of the charrette. I did not attend the charrette, but,
boy, I tell you, I sure found out about it on Monday morning afterwards with the deluge of calls
that came into my office. Number one, J.L., I really think we have got to have the full -service
boatyard.
Commissioner Plummer: I agree.
Mr. Nimnicht: There is no two ways around that.
Commissioner Plummer: I agree.
Mr. Nimnicht: We need to retain the buildings. I'm not saying under all circumstances they
need to be retained. But we need to really look at it. And I think what Spencer has done has
been fantastic, and I think we need to look at the other buildings. We need to maximize access
to the waterfront. And I believe we need to do that in a very public standpoint, not only from the
users of the boatyard, but, again, John Q. Citizen just being able to get down there and see
what's going on. We need to interpret the history, but the history of the waterfront. Not only the
maritime but also the aviation side. We sure have to come to Shake -A -Leg. That is a super fine
program. I have not talked to Harry a lot about his needs, but what I basically believe is they
need to be accommodated some place in this area. I don't think they have to have the Virrick
Gym exactly like it is toda they need to be there. J.L., I wanted to answer part of your question.
I don't know the exact figures this year, but it bounces up and down depending on general
revenue. If memory serves, there is about 14 million dollars in the Historic Preservation Trust
Fund in the State of Florida. It goes and comes, good years, bad years, we'd have a crack at that.
I think you would be surprised at the amount of capital outlay dollars. And, Commissioner
Dawkins, I realize there is a difference between capital outlay dollars and operating dollars. But
I think you'd be surprise in the amount of capital outlay dollars that might be available there in
some sort of combination program. Commissioner Dawkins, if we are involved, the Historical
Museum is involved, we want to see revenue, operational revenue, come off the operation of that
museum. Otherwise, we would not want to be involved. And that has to be thought through.
And I don't have all the answers as to what kind of revenue would come off there. Number four,
I need to report to you the collections we hold are extremely relevant to what we are talking
about on this site. We curate the Pan Am artifact collection. And there's a very good chance
that would be turned over to us. I have to tell you, we don't talk about that a lot in public,
because we don't want to see a lot more aviation material come to us, because we know there is
so much in this community you cannot believe. So we don't go out screaming that we are
interested in more aviation material because it is out there. In addition to that, we have the John
Harrison Maritime Collection consisting of some 39 historic boats that were used on this bay,
some 300 outboard engines, and a great deal of maritime material that is related to this
285 March 24, 1994
community and tells that story. I guess the last point is the most important. I really want it all. I
really think the charrette is kind of an amazing process how it worked. And I think we can do
everything on that site. All the answers are not here tonight, but I think working together it can
be done. And the Historical Museum of Southern Florida would like to work with the City and
try to do something with it. Thank you very much.
(APPLAUSE)
Mr. Douglas Stewart Morrison: Hello, my name is Douglas Stewart Morrison, I live at 3227
Virginia Street in Coconut Grove. I've lived here all my life.
Vice Mayor Dawkins: Pull the mike up to you, sir.
Mr. Morrison: OK. And, I've lived here all my life. I wasn't able to attend the charrette. I was
out of town at the time, utbI attended every meeting after that. My main focus has been to see
that there is a continued access to the water via the boat ramp at the Virrick site. I hear a lot of,
you know, things going on about the Merrill Stevens, and I really don't know anything about
that. I'm really just being myopic about this. And I just want to see the continued use of
everyone, Shake -A -Leg included, these kids that sail in the summer time included. In fact, I've
had to snatch one out of the water last summer that had been pushed in by a friend of his, so, you
know, I'd just like to see everyone maintain the use of that property. And I don't want to see
anyone excluded for, you know, whatever RFPs go out, whoever ends up with what. It seems to
be kind of a "grab-bag" we have going here.
Mayor Clark: Thank you, Mr. Morrison.
Mr. Morrison: Thank you.
Mayor Clark: Yes, sir.
Mr. Michael Samuels: Yes, my name is Michael Samuels. I've lived in Coconut Grove for 23
years. I've lived in the same house on Utopia Court, 4001, for 20 years this month. We are not
blaming anyone, here, pointing a finger at anybody. But the City has made some terrible
mistakes over the years. Why don't you give the people a chance to make a mistake? Listen to
the people, let them make a mistake. OK.
(APPLAUSE)
Mr. Samuels: It's my opinion that if you go against these people, you are putting a nail in your
own coffin. Period. They are going to tie the City up like Key Biscayne tied up the County. It's
going to be terrible. You are making a big mistake if you go against the charrette. Thank you.
(APPLAUSE)
Ms. Elizabeth Lilly: I'm Elizabeth Lilly. I live at 3670 Hibiscus Street, Coconut Grove. And I
am also the president of the Barnacle Society. Now, the Barnacle was sold by the Munroe
family to the State of Florida in 1972. Actually, you could almost say it was given by the
Munroe family because they didn't want the place developed. They wanted to preserve the five
acres and the house and the boathouse. An we have. it has been preserved. And since I've lived
here, since 1958, it's one of the few places that has remained as it was. Mary Munroe recently
told us, if the Commodore were to sail in, her father-in-law, and get out of the boat and walk up
the grounds and look around, he'd say, "It's just like it always was," which it is, now. I attended
the charrette in January, here, and to my recollection we were told at the charrette that the two
hangers existing there were so well built that it would cost more to take them down, knock them
286 March 24, 1994
down, than it would to build new ones. And I think that you all should consider preserving
something. There's not much left here in Coconut Grove.
Mayor Clark: All right.
Ms. Lilly: Thank you.
(APPLAUSE)
Mayor Clark: Thank you, ma'am. Yes, sir.
Mr. David Strong: My name is David Strong. I live at 2321 Trapp Avenue, and I would just like
to briefly state that I believe the City Commission has a mandate to do what has been the
outcome of the charrette, and what everybody here obviously is in favor of. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Mayor Clark: You are lucky.
Mr. Bill Harrington: Mr. Mayor, I think first that I'm in order in thanking the Commission. I
understand that you did not sunset the Waterfront Advisory Board today.
Mayor Clark: Right.
Mr. Harrington: On behalf of several of us that are here, thank you much. I think you've
recognized the work that that volunteer board has rendered to you. And, I would remind several
people in this audience - I don't think I need to remind you - that the Waterfront Advisory Board
is the ordinanced, advisory organization for your Commission, not any other entity. And I think
we have very ably performed the function as a conduit from the entire marine community to this
board. And, Commissioner, Vice Mayor Dawkins, I heard something today that sounded like the
Waterfront Advisory Board was demanding things, or ordering things, 1, as the chairman, am
extremely mindful that we are an advisory board. So, sir, I hope you appreciate at least this guy
understands who we are and what our function is. If in the report that we provided you, and I
hope that you've read in the last couple of days, you will note that the Waterfront Advisory
Board divided its comments into the two entities. There is distinct, profound differences
between that property that was given by the federal government to the City of Miami, i.e. the
Virrick Gym, and the park. And somewhere in the process, I'll add, parenthetically, the
Chamber of Commerce report doesn't recognize that there's a park already on the Virrick Gym
site beyond all of these other parks: Peacock, Kennedy, and all of these. So, we have, as your
advisors, carefully divided the two sites and have dealt with them, I think, appropriately.
Commissioner Plummer, I would like to report to you, and the rest of the Commission, that the
Marine Council has, in consideration, as a forum. It's not a representative group of the industry.
The Marine Council is a forum for the marine community. And the Marine Council is in the
process of putting together a plan to provide this City - I hope through the Waterfront Board -
with a respondable [sic] RFP. Does that make sense to you, sir?
Commissioner Plummer: RFP for what?
Mr. Harrison: For the Merrill Stevens property. I think it...
Commissioner Plummer: This... Wait a minute, you are telling me they are going to put an RFP
together?
287 March 24, 1994
Mr. Harrison: We, the Marine Council...
Commissioner Plummer: Yeah.
Mr. Harrison: ...I think, is a recognized responsible forum for the marine community, is going to
try and assemble something that, out front, will say, "Hey, we know that these elements will
bring three bids to an RFP if it's structured within these parameters." Is that reasonable?
Commissioner Plummer: Sir, we have...
Mr. Harrison: Are we overstepping our bounds?
Commissioner Plummer: Whoa. Let me answer your question. This Commission, to best of my
knowledge, always in the past, when we put any RFP together, have taken the input of public.
And I would suggest that if they wish to make their thoughts known which would help this
Commission put together a better RFP, as we have always in the past, we would, in the future,
appreciate their help.
Mr. Harrison: Thank you, sir. And I will convey that back... Yes, Mr. Odio.
Mr. Odio: Bill.
Mr. Harrison: ... to you.
Mr. Odio: Didn't the Waterfront Board approve the prior RFP that we put out recently? I
thought you had approved that one.
Commissioner Plummer: They did.
Mr. Harrington: The one that...
Mr. Odio: That one, yeah.
Mr. Harrison: ...the Dugan Lighthouse people?
Mr. Odio: Yes.
Mr. Harrison: We did.
Mr. Odio: OK. All right.
Mr. Harrison: We did. That was the Waterfront Board. OK. And there is real confusion that
still exists in my mind on that. At the end of a very brief number of notes here, Mr. Mayor, I
have a suggestion that has been floated by some pretty responsible members of the marine
community. One of the things that I'd like to emphasize is that in the process, the marine
community has been concerned that, somewhere in this, that the boatyard and the wet -slips and
the fuel dock will be divided. And I... that would be disastrous to attempting to get any
respondable [sic) RFPs. Do you see the reasonableness of that? It's got to go out all of a piece.
The fuel dock, the wet -slips, the dry -slips, and the repair facility. That's just conventional
wisdom. OK. I would remind the Commission that there is a vision for the future in your
administrations, Mr. Odio. I appreciate the plan that Jack Luft has put forth as part of your
administration as regards Virginia Key, and the proposal vision to have a world -class water
sports marine -related complex on that site. It's way down the road, lots of bucks. But I submit
288 March 24, 1994
to you, that the Virrick Gym, specifically, it represents an interim opportunity. If you recall, at
the time, that we, the Waterfront Board, requested that you rescind the demolition of the Virrick
Gym. The then Commission, which is not all of you, did not present to the community any
alternatives. And it was mentioned tonight a couple of times, that, tear it down. But there was
no statement of the alternative uses. Tear it down, where would, where would Shake -A -Leg
have gone, and the other items? So when you think tear something down, let the public know
what's going to go in its place. And that's been dealt with to some degree tonight. I have got to
strike a negative note, and, Commissioner Dawkins, if Mr. Sorg is going to come and talk to you,
I would like... I'm under oath, I'm going to make a statement. The Chamber of Commerce
proposal which has been floated here, hardly by the Administration as a coequal alternative to
the charrette process that you invited the City to go on, is flawed. Mr. Sorg made the statement
that they had 20 members participate. Commissioner Dawkins, when you get together, ask him
how many actually participated of that 20. I happen to know that it was significantly less than
20. And even the ones who participated only met once or twice. I'm stating here tonight under
oath that the Coconut Grove coequal presentation with the charrette process invited by the
Commission and this administration was significantly flawed, and represents, essentially, the
opinions of two men, Sorg and Steiner.
(APPLAUSE)
Mr. Harrison: OK. Now, in conclusion, in conclusion I want to say this. The underlying,
unspoken issue here is the hidden agenda. And I submit to you that you can do something to this
community, for this community, as a statement tonight, no resolution whatever. I believe that
Mr. Odio believes the following thread of things, and he's here, and he can refute it.
i
Mr. Odio: (Inaudible.)
not's Mr. Ma or, as far as these two sites go, that
,
Mr. Harrington: That if you can state three
there not be a hotel on those sites, that there not be another Bayside major restaurant project on
those sites, and that there be no condominiums on those sites...
(APPLAUSE)
Mr. Harrington: ...then you would wipe away... and I have reasons to believe that this
Commission feels exactly the same way. And the other day I posed to one of your staff, sir, why
the hell, if Mr. Odio feels that way, and it was stated to me that the Commissioners feel that way,
why don't you tell the public that, and get that fear side of it out of the way and...
Commissioner Plummer: That was done years ago.
Mr. Harrington: ...then we can all proceed to say, "Let's have a park. Let's have a boatyard.
Let's have a whatever." But get the hidden agenda out of the way tonight. Thanks.
i
(APPLAUSE)
i (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Vice Mayor Dawkins: Would you be kind enough to meet with Stuart and I at my office when
we meet?
Mr. Harrington: Vice Mayor, I'd love it.
Vice Mayor Dawkins: Thank you.
289 March 24, 1994
Mayor Clark: Let me ask you, let me ask you, who gave you the idea that I, or anyone on this
Commission, has a hidden agenda?
Mr. Harrington: I... No, no, wait a minute. I in no way said that this Commission...
Mayor Clark: If you would just tell these people that you don't have a hidden agenda. I don't
have any... I don't have any agenda in front of me.
Mr. Harrington: Well, Mr. Mayor, let me say, in that charrette, and lots of us were there, the
words quote, "Monty's parking lot," unquote, was stated dozens of times. Audience, is that not
correct?
(APPLAUSE)
Mr. Harrington: Look at them. They were there. OK. So there's that, Mr. Mayor.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: If you want to speak come to the microphone, please.
Mr. Harrington: Yeah. Well... OK. All right. Mr. Mayor, as far as I am concerned, my phone
rang for... a lot over the last few days. And, Mr. Odio, I think I've performed a service to you
and your administration the other day when I came and reported a rumor. And I would... and
Mrs. Bellamy was so concerned with this particular ugly rumor that she took me into Mr. Odio's
office...
Mr. Odio: You better tell them what the rumor was, if not it's going to be even worse.
Mr. Harrington: OK. OK. Thank you, Mr. Manager.
Mr. Odio: Go ahead.
Mr. Harrington: OK. The rumor which came to me several times was that Mr. Odio had been
meeting with Manny Medina, Monty Trainer, and some third party.
Mr. Odio: No, the rumor was, and I was asked by the reporter of the Miami Herald Monday
night at the Cocoanut Grove Village Council meeting, or the Chamber meeting.. I'm sorry, the
Coconut Grove meeting, OK, that I had had a secret meeting with Monty Trainer and Manny
Medina.
Mr. Harrington: And Mr. Kneapler.
Mr. Odio: No, Mr. Kneapler was never mentioned.
Mr. Harrington: Well, whatever. I don't know, I mean.
Mr. Odio: No.
Mr. Harrington: There were lots of names, sir.
Mr. Odio: I haven't seen Manny Medina for two years since he went to Arabia, and I haven't
met with Monty. So that's the end of that one.
290 March 24, 1994
Mr. Harrington: And Mr. Odio looked me in the eye and said, "It's a lie." And I said, "I'm glad
I did it." And I will convey to anybody that asks me after that moment, that Mr. Odio said, "It's
a lie." Now I think that's a little public service on his part and my part.
Mayor Clark: Where is this hidden agenda? That's what I want to know.
Mr. Harrington: Oh!
Mr. Odio: Probably don't believe me.
Mr. Harrington: OK. The agenda. I have to say to you, Mr. Mayor, that the Miami Herald uses
the words, and I know we all have our mixed feelings about that. But the words "hidden
agenda..."
Commissioner Plummer: No, sir. There's no mixed feeling on my part about the Herald. No!
Mr. Harrington: It is... the Miami Herald has editorialized about hidden agendas in relation to
these properties. I... if you look at the recording of this meeting, sir, I'm not saying there's a
hidden agenda. I'm telling, reporting to you, as chairman of the Waterfront Board, that the
public has concerns about these items that you all can take a solid position on. And I'm tickled
Mr. Odio has...
Mayor Clark: Well, I hope we go through...
Mr. Harrington: ...nodded and applauded, "Hey, no hotels..."
Mayor Clark: ...We go through a strip search.
Mr. Harrington: "...no Baysides, and no condos."
Mayor Clark: Is that your agenda?
Mr. Harrington: OK.
Mayor Clark: That is your hidden...
Mr. Harrington: I'd like to... I'd like you to say tonight...
Vice Mayor Dawkins: Mr. Mayor.
Mr. Harrington: ..."Hey, we're all on the same plane on that one." OK.
Vice Mayor Dawkins: Mr. Mayor.
Mr. Tucker Gibbs: You want to talk about hidden agendas, two Commissioners have spoken
specifically about using this property for hotel uses.
(APPLAUSE)
Mr. Gibbs: My name is Tucker Gibbs. I live at 2531 Swanson Avenue.
Commissioner Plummer: Whoa, whoa, whoa. If that is the case, I ask and demand that you put
on the record the names of those two.
291 March 24, 1994
Mr. Gibbs: I will. I will.
Vice Mayor Dawkins: OK.
Mr. Gibbs: Victor De Yurre four years ago talked about putting a hotel over there on top of the
Dinner Key Auditorium. Commissioner Dawkins has spoken about putting a hotel where
Merrill -Stevens dry dock is, and it was about two years ago when that happened. And those
were on the public records.
(APPLAUSE)
Vice Mayor Dawkins: I have no problems with it. Let me clear it up.
Commissioner Plummer: Just want the record clear.
Vice Mayor Dawkins: Number one...
Mr. Gibbs: Well, OK. I hope I've cleared it.
Vice Mayor Dawkins: ...J.L. Plummer has said - I hate to defend him but I have to, and let's try,
OK - J.L. Plummer has said for the ten years that I have been here, that nothing will be built east
of this road...
Commissioner Plummer: That's right.
Vice Mayor Dawkins: ...that blocks out the view of the bay. Now, that has been his policy ever
since I've been here.
Commissioner Plummer: That's the Commission's policy for the past six years.
Vice Mayor Dawkins: Right. And I've said, if you wanted to do something with the Merrill -
Stevens property, that you put an all -service marina with a marine -type Marriott Hotel, like you
have in Fort Lauderdale, that would provide all kind of marine services to that marina. Now,
that's what I said. OK?
Mr. Gibbs: OK. And when you talk about hidden agendas...
Mayor Clark: You have spoken. You have spoken. Please, please.
Commissioner De Yurre: Mr. Mayor. Mr. Mayor.
Vice Mayor Dawkins: I have no problems with that.
Mr. Gibbs: Mr. Mayor, when you talk about hidden agendas, though, and I just want to finish
the thought, you talk about hidden agendas. People wonder when you see the...
Vice Mayor Dawkins: That's not hidden. I put it on the record.
Mr. Gibbs: .A understand. I understand that.
Vice Mayor Dawkins: How can it be hidden if I put it on the record?
Mr. Gibbs: I understand. And I'm really glad you put it on the record.
292 March 24, 1994
P'14�)
Vice Mayor Dawkins: All right, it was on the record. Why do you come and say it's hidden?
Mr. Gibbs: OK. I didn't say. I said people talk about hidden agendas and...
Vice Mayor Dawkins: But, you said Miller Dawkins was the one you said had a hidden agenda.
Mr. Gibbs: No. No. I said Commissioner Dawkins...
Mayor Clark: All right. Now you've cleared it up. Now you cleared it up.
Mr. Gibbs: I just want to make my point, though, because I had a point to make about the
supposed hidden agendas that people talk about. When you talk about Monty Trainer's lease,
and Monty Trainer's use of the parking at Virrick Gym which is supposed to be used for park
purposes only; when you talk about all the parking problems that Mr. McMaster talked about in
terms of the expansion of the convention center; when you talk about the high-rise that was built
across from Virrick Gym, the GDC Building; when you talk about the high-rise that's going to
be built across from Virrick Gym and the marina, all those things to people in Coconut Grove,
they speak of some kind of hidden agenda that is very pro -development. So, when people ask
the question about a hidden agenda, all you have to do is look at the past in Coconut Grove and
see what has happened to Coconut Grove, and how the Commission has voted on issues. There
is a fear out there. And when these people spoke about trust, and when the City Commission
invites people to a charrette and asks their opinion about issues, and they talk about destroying
buildings, and when they talk about ignoring the wishes of those people, that puts fear in people.
People are concerned, and that's when people start talking about hidden agendas. You have a
former Mayor of the City of Miami talking about casino gambling. You have the biggest piece
of property in Coconut Grove sitting right here. You have the City of Miami that's in financial
hardship, ruin, despair, whatever you want to call it. The City of Miami needs revenue sources.
Do you think people have been talking about casino gambling for this site? You better believe it.
It has been whispered all over Coconut Grove; it's been talked about all over the City of Miami.
It may never happen, J.L., but people are talking about it. And when you want to talk about why
people are talking about hidden agendas, it's because of the history. It's because of the lack of
trust that people have in their government now.
(APPLAUSE)
Commissioner Plummer: Tucker, the rumor is not here. The rumor...
Mr. Gibbs: That's my point.
Commissioner Plummer: ... the rumor is downtown.
Mayor Clark: Tucker. Tucker, it took you all night to get started, but you wound up pretty
tough.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: No, this gentleman here. Wait.
Commissioner Plummer: Excuse me.
Mayor Clark: Wait, wait, just a minute.
Commissioner Plummer: Surely. This gentleman.
293 March 24, 1994
Commissioner De Yurre: Well, Mr. Mayor.
Mayor Clark: No, no. He speaks.
Mr. Sorg: I want to answer... I want to answer the chairman of the Waterfront Board's remarks
about the Chamber.
Mayor Clark: Did somebody challenge you?
Unidentified Speaker: Well...
Mayor Clark: If you haven't been challenged sit down, please, relax. Relax!
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: If somebody said something about it, I think he has a chance to respond. Yes, sir.
Commissioner De Yurre: Mr. Mayor, if I may, for the record, because Tucker brought me into
the picture here all of a sudden - talking about hidden agendas. The beauty of my position is that
I'm right on the record. When I spoke about that it was over five years ago and there was a front
page of the local news of the Herald. So there is nothing hidden about when I say...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner De Yurre: ...But if I want to do that, I'll tell you right now, I'd love to see a
hotel. But it's not the case. And I still believe that on top of this building right here, the 150,000
square feet, a hotel would be an ideal thing. And the money... Would bring money to the City...
Mayor Clark: OK.
Commissioner De Yurre: However, that is not the issue at hand here, tonight. And if anyone is
talking about rumors, it's created by yourselves because nobody has talked to me about it. It
hasn't come from us five up here.
Mayor Clark: I didn't say anything about it.
Commissioner De Yurre: You guys created it. So, you know, live with it.
Mayor Clark: Thank you, Victor.
Mr. Sorg: Mr. Mayor.
Mayor Clark: Ladies and gentlemen, I want to tell you something...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: I want to... we have about 23 minutes left here then we are leaving this place. So
blow your minds if you want to. But that's what's happening.
Mr. Sorg: Mr. Mayor, let me correct the record just a moment.
294 March 24, 1994
Mayor Clark: Just wait a minute. You'll get the last 32 minutes.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: Well, we'll have to do this gentleman first. Please, sir.
Unidentified Speaker: Mr. Sorg already spoke.
Mayor Clark: What's that? This gentleman spoke.
Unidentified Speaker: No, Mr. Sorg already spoke. Why should he speak again?
Commissioner Plummer: And Mr... I would to ask that the...
Mr. Sorg: I want to correct the record.
Commissioner Plummer: ...I would ask that the president of the Dade Heritage Trust not leave
because I'd like to ask him a question.
Mr. Don DiGiacomo: My name is Don DiGiacomo. One Biscayne Tower. I stood before the
Waterfront Advisory Board and made a statement, so I felt I really needed to come here and say
something also, and I stated that I represented one member of a family that's been in Miami
since 1920. I stated that, as I was growing up, it was generally unique, and that I was a native.
Everybody was considered to be from somewhere else at that time, in the '50s and '60s. Now
our population is more indicative of the native because of the large numbers of people born here
since the '60s. And it's necessary, by my way of thinking, that they have a heritage here. The
ability to share in Miami's historic origins and their right to carry it on. I recognize progress. I
spent my youth here, Peacock Park, and Miami River. I was a partner of a major fish house on
the river, so I also recognize deterioration.
Mayor Clark: OK.
Mr. DiGiacomo: The historic preservation of this hub of our origins is necessary, and I'm glad
that was recognized in time to save this building. I think it's an important opportunity for you,
as a governing body, to be courageous, have vision, and work in concert with some of the desires
and possibilities which truly do exist here. Thanks.
Mayor Clark: Thank you.
(APPLAUSE)
Mr. Sorg: Mr. Mayor.
Mayor Clark: The lady. This lady right here.
Ms. Dolly Nickerson: Thank you very much. Mr. Mayor and Commissioners, my name is Dolly
Nickerson. I live at 1655 S.W. loth Street. And I am the office manager at Shake -A -Leg. I'd
like to bring all of your attention back to the people that you serve: the families, the friends, the
visitors that come to our community. Something very special happened down at the Virrick
Gym site on March 4th, 5th, and 6th, that you probably aren't even aware of. Shake -A -Leg held
its fourth annual midwinter regatta in which 18 teams of disabled and able-bodied sailors
competed for three days on this beautiful water that we call Biscayne Bay. Over 100 ablebodied
and disabled people integrated that weekend, an experience none of them will forget. And it
295 March 24, 1994
came out of a building you have sat here tonight and described as falling down, decrepit,
uninhabitable. Well, the program that you all speak so highly about has been operating out of
that facility for four years without any complaining so that March 4th, 5th, and 6th could finally
happen. What we are asking you to do tonight, and in the days that follow, and the weeks and
months that follow, is give us a chance to show you what we can do that would make Miami,
Coconut Grove, Biscayne Bay, the premier water sports facility in the nation for disabled and
ablebodied sailors. Thank you.
(APPLAUSE)
Mayor Clark: Thank you. Now, if you speak, if you speak, this man is going to speak, and this
man is going to speak, and that's the end of it.
Mr. Sorg: I just want to clear the record as far as the Chamber is concerned. Many statements
have been made about the Chamber and its study. We did a comprehensive study from Kennedy
Park to Peacock Park. Second of all, we started speaking as a group in November. It was an
independent study, it was not part of any... We didn't want to be influenced by any other group.
We made our separate statement and we presented it today. The third thing is that this man and I
have been fighting for years, and for him to have an opportunity that's fine, but Yaromir Steiner,
the president of the Chamber, never sat in any single meeting we ever had. And I think Spencer
Meredith, right there, who attended almost every meeting, can tell you that. We had almost nine
or ten people always at every meeting.
Mayor Clark: Thank you.
Mr. Sorg: So he is totally wrong.
Mayor Clark: All right. You have a chance, sir.
Mr. Samuels: OK, sir. I just want to clear the record as Mr. Sorg did. First of all, Mr. Sorg has
been very careful about the way he's presented things tonight, except for what he just said about
the Chamber. That was pretty concrete. I'd like to know one thing. First... no, I'm going to
make a statement first. Mr. Sorg said that the Chamber president stood behind this study. I'd
like to know if the Chamber has voted on this study?
Mayor Clark: Now, listen, please. Please, sir.
Mr. Samuels: Mr. Sorg.
Mayor Clark: Please, please, sir. We do not want to get into a contest.
Mr. Samuels: The Chamber... I'm representing to you that the Chamber has not voted on this
study. The Chamber never passed this study.
Mayor Clark: Yes or no, that's all.
Mr. Samuels: This is not a Chamber study. This is a study of a few people on the Chamber who
decided to present it tonight. Period.
Commissioner Plummer: Sir, sir. The City Attorney said put your name back on the record.
Mr. Samuels: Michael Samuels, 4001 Utopia Court. I've lived there 20 years this month.
Mayor Clark: Just...
296 March 24, 1994
Commissioner Plummer: We just needed your address.
Mayor Clark: Just... you are going to say something? Mr. Steiner... No, not you, sir, Riordan.
Mr. John Riordan: My name is John Riordan, I'm a landscape architect. I live at 3141
McDonald Street, and I am active in the Grove area. I was at that charrette. On the whole
subject of hidden agendas and trust, if the past is prologue, we've had an entirely stupid or
corrupt zoning history to this City for the last 15 years. Right now this waterfront represents a
line in the sand to the community. And it says either you are going to be honest with us and we
are going to trust you, or if it is a hidden agenda, and the things happen that we seem to be... to
all working towards at this point, we will succeed. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Mr. McMaster: Jim McMaster. When there is talk of a hidden agenda, there is a not -so -hidden
agenda. During the campaign several candidates came forward and said the City is in serious
financial straits, where can we get money? And it's very clear that basically the waterfront and
the park system of Miami is the place, the only place, where the City can raise funds. Where
Bayside is, originally was park. It's now zoned C-1 and has Bayside on it. The FEC (Florida
East Coast) Bicentennial tract...
Mayor Clark: That's all. No more. Please, sir.
Mr. McMaster: ...will soon.
Mayor Clark: We are not going to let this get out of hand.
Mr. McMaster: ...The FEC Bicentennial will soon be a park. Lummus Park is now zoned GI.
Mayor Clark: I appreciate your... Your information has nothing to do with this hearing tonight.
Mr. McMaster: The Grapeland Heights Park and Golf Course are zoned C-1. Virginia Key...
Mayor Clark: Thank you, sir. Thank you very much.
Mr. McMaster: ... has now been zoned C-1, and government institutional.
Commissioner Gort: You all want us to make a decision tonight or...
Mr. McMaster: No, but, I'm sorry. I'm just saying...
Commissioner Gort: I'm just asking. Do you want us to make a decision tonight?
Mr. McMaster: ...the point is it's very obvious that the City has decided to raise funds out of it,
and this is their own park.
Mayor Clark: Thank you, sir. Thank you.
Mr. McMaster: Thank you.
Mayor Clark: Thank you for your comments. Sir, you've said enough. You've been up here... a
good man. Let me ask you. Did this come before the Chamber, just answer yes or no?
297 March 24, 1994
Mr. Steiner: Well, I would like to say something.
Mayor Clark: No, answer my question. Was it endorsed by the Chamber or not?
Mr. Steiner: It was voted? No.
Unidentified Speaker: Yes or no?
Mr. Steiner: Yes.
Unidentified Speaker: OK.
Mayor Clark: No, no. Wait a minute now!
Unidentified Speaker: I'll swear him in. This paper was from me and I sat right next to him, and
it reads, "As far as I am concerned you can present, but not with the board's consent...
(inaudible)
Mr. Joel Maxwell (Assistant City Attorney): Needs to be on the work up, Mr. Mayor.
Mayor Clark: Please, please. That's... I am going to cancel the meeting now, folks, if you get
out of hand. We get the sheriff in here and all can go to jail. Have a seat. Have a seat. No,
that's... You've said plenty.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: I am not going to put up with this. I don't handle a meeting like that.
Commissioner Plummer: Can I ask a question of Dade...
Mayor Clark: Yes, sir, you may.
Commissioner Plummer: ...the Dade Heritage Trust president.
Mayor Clark: Please, sir, you smoking, please have a seat.
Commissioner Plummer: Is the Heritage Trust president still present?
Commissioner Gort: Yes, she's here.
Mr. Sorg: Would you let him clarify that, please?
Mayor Clark: No, sir. I am not letting anything else get out of hand.
Commissioner Plummer: Can I ask my question?
Mayor Clark: Yes, ma'am. Please.
Commissioner Plummer: Ma'am, may I deviate for just one minute and take advantage of your
presence.
Ms. Yarbrough: I will make a correction, I am not the president.
298 March 24, 1994
-a)
Commissioner Plummer: OK.
I
Ms. Yarbrough: And I am not a he, as I was referred to earlier.
Commissioner Plummer: When is Dade Heritage Trust ever going to do something about the
Brown demolition building on Watson Island?
Ms. Yarbrough: Well, when is the City going to do something about Watson Island?
(APPLAUSE)
Commissioner Plummer: No, that's not the point.
Ms. Yarbrough: Well...
Commissioner Plummer: The point very simply is, we asked you to do something about that
demolition building which is an eyesore, and we were promised that you all were going to do
something to restore it. Now, that's over six years ago when that thing collapsed on MacArthur
Causeway, and we are still waiting. So I just wanted to... and I would ask you please to send us
a letter and tell us when you are going to do something...
Mayor Clark: Or we're going to tear it down.
Commissioner Plummer: Thank you.
Ms. Yarbrough: Other than the fact that, that...
Commissioner Plummer: I just wanted to take advantage of you being here.
Ms. Yarbrough: ...is not the issue here tonight.
(APPLAUSE)
Ms. Yarbrough: Had the building...
Mayor Clark: Folks, you are just prolonging agony now. Don't go with that applause.
Commissioner Plummer: No, I just asked if you would...
Ms. Yarbrough: ...had the building not been forced to be moved for a project that did not
happen, the whole thing would be a moot point, and the building would still be there, it would
still be a historic resource, and we wouldn't be facing some of the issues that we are facing
tonight.
Commissioner Plummer: I hear you. But let's do something.
(APPLAUSE)
Mayor Clark: All right. Please. Folks, that's the end of this hearing. I think that everybody has
spoken that wants to speak.
Commissioner Plummer: God, I hope so.
Mayor Clark: Nobody is going to speak twice. We appreciate you coming here this evening.
Forget about the rumors. There is no rumor up here, in so far as hidden agendas, the agenda is
299 March 24, 1994
right here in front of us. And that's what we are going to work on. Mr. Manager, you have a
pretty good indication of what the public thinks tonight.
Mr. Odio: Yes, sir.
Mayor Clark: You come back with your recommendation about an RFP, an RFQ, a PDQ, HLZ,
whatever you want to do.
Mr.Odio: Mayor.
Mayor Clark: As soon as possible.
Mr.Odio: Yes.
Commissioner De Yurre: Mr. Mayor, we are going... I have a motion on the floor, are we going
to accept the... to accept the study.
Commissioner Gort: Which of the studies?
Commissioner Plummer: Is that both studies?
Commissioner De Yurre: Just to accept them. That we are receiving...
Commissioner Plummer: Well, if it's to accept the studies that have been presented here this
evening for digestion by the administration...
Commissioner De Yurre: Uh-huh.
Commissioner Plummer: I second the motion.
Commissioner De Yurre: Good.
Mayor Clark: All right. All in favor signify by saying "Aye."
Commissioner Plummer: All that has been presented here this evening to set...
Mayor Clark: Everything. All the talk, all the speeches tonight and everything else, we accept
all of that.
Commissioner Plummer: No, sir. All that has been presented here this evening is what we are
accepting and sending to the Manager.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Plummer: Huh? For consideration, of course.
Mayor Clark: It's not contradicting. Now, please!
Commissioner Plummer: It is not contradictory.
Mayor Clark: We accept, your testimony is accepted and presented to the Manager.
Unidentified Speaker: We are asking you to adopt... succession to this City. I have the money to
do it. (inaudible)
300 March 24, 1994
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Plummer: I don't understand. What I said...
Mayor Clark: I can't understand.
Commissioner Plummer: ...was, and I will repeat, that we take all of the information, including
the studies that have been presented here this evening, and send them to the Manager to come
back to this Commission with his recommendations. I'm not saying to use one study or the
other, or one person's opinion, or another person's opinion, take it all into consideration.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
OK?or Clark: All right. We won't accept anything tonight, not your testimony or nothing else.
(Inaudible background comments not entered into the public record)
Commissioner Gort: Mr. Mayor.
Mayor Clark: We are moving into another item. We'll move to item number 14.
Commissioner Plummer: No, I think, Mr. Mayor, in all honesty, I think that we should have a
deadline set when this should come back to the City Commission. As far as the RFPs are
concerned, I'm looking, especially, for the cost factors that are going to possibly be involved.
And, I think that all of these are very, very important factors. I would hope the administration
could come back to this Commission within 90 days...
Mr. Odio: With what?
Commissioner Plummer: ...with your recommendations.
Mr. Odio: No, but I keep hearing RFPs, and...
Vice Mayor Dawkins: RFP, or RFQ, it doesn't matter.
Mr. Odio: Or whatever. On which property?
Commissioner Plummer: On the properties of... for me, the Virrick Gym...
Mayor Clark: All of them.
Commissioner Plummer: ...property, and the Merrill -Stevens property. That's to me.
Vice Mayor Dawkins: Mr. Mayor, I would want you to come back with the charrette. I've said
the charrette should go from Monty Trainer's front door all the way to Pan American Drive.
And that's what the charrette was, from Pan American Drive...
Commissioner Plummer: I know.
Vice Mayor Dawkins: ...to the front door of Monty Trainer's.
301 March 24, 1994
Mayor Clark: But don't bring any...
Vice Mayor Dawkins: And that's what the RFQ should come back on.
Mayor Clark: ...no hidden agendas.
Commissioner Plummer: No, that's... I have no problem with that or with anything else that has
been presented here this evening.
Mayor Clark: All right.
Commissioner Plummer: What I am saying is, is that we don't limit the Manager to have one
thing or another. But just come back with what your recommendations to this Commission are.
Vice Mayor Dawkins: Wait, hold it, hold it. I'm confused now.
Commissioner Plummer: OK.
Vice Mayor Dawkins: OK.
Commissioner Gort: Mr. Mayor.
Mr.Odio: Yeah.
Vice Mayor Dawkins: We got, for the lack of a better word, two charrettes, OK. Wait a minute,
I said for the lack of a better word.
Commissioner Gort: Hey, we listened to you all.
Vice Mayor Dawkins: I don't know anything else to say. All right, I'll rephrase it. We got two
presentations, now, who is going to say no to that? Thank you. Mr. Mayor, you have... Mr.
Manager, if... I'm of the opinion that you take both of them and come back with two
recommendations.
Commissioner Plummer. That's fine.
Vice Mayor Dawkins: OK. Or you take one of them and come back with one recommendation.
Commissioner Plummer: Well, I think there is...
Vice Mayor Dawkins: But, by the same token, you cannot in good faith, I cannot, ask these
individuals who went out and did what I asked to do, develop a charrette and bring it back, and
overlook it. OK. But it was not my intention for them to bring a charrette back and say, "Here,
Miller Dawkins, this is it. This is what you got to do." I expected it to come back, and it be put
out for RFQ, then you tell me where the money is, try to find some investors who would do what
it is that should be done. And that's what I have to say.
Commissioner Gort: Mr. Mayor.
Mayor Clark: That is fair enough. Yes, sir.
Commissioner Gort: Mr. Mayor, I heard a lot of the individuals here today making presentations
that they would like to work and donate some of the time, architectural, and the... looking for the
302 March 24, 1994
grants and funding and so on. I think we asked these people to get together and come up with
some ideas, I think they have done that. And I appreciate the Chamber getting together and
putting something together. But I don't think that's the one we asked them to do. So, I realty
think we should consider that one, and give them a chance to see what is the feasibility of it. I
mean, we got... we got very intelligent people on this in there. And, then we can back them if we
can find funding, and so on it could be done, fine. If not, we can... but, I think we should give a
chance to these people that this be moved. They got together. They did the studies. And, that is
what they want.
(APPLAUSE)
Vice Mayor Dawkins: You know, I am not saying in... and we are prolonging this, I'm not
saying that it should not be done, Commissioner Gort. What I'm saying is, there are individuals
out there, and now with no hidden agendas or no hotel, or what have you, who will take this, and
develop it, and come back with dollars of how to do this. Now, if you think that take this, and
the Manager comes back and tell me how it is going to be financed, OK? Hey, look... But let's
give the Manager some direction. Let's just don't tell the Manager go over there and... we got to
give him some specific directions of what to bring back...
Commissioner Gort: Right. I agree with you.
Vice Mayor Dawkins: ...at this Commission.
Commissioner Gort: I agree with you. That's why I think we should specify just one. If we
give him two, he is going to be confused. What am I going to do? Who am I going to believe?
Vice Mayor Dawkins: Whatever...
Commissioner Plummer: Well... Let me give... Let me give you another side opinion. I've
made my opinion clear, and I would have a problem with doing that. And the reason that I do is
simply because I agree with a full -service boat marina...
Vice Mayor Dawkins: Right.
Commissioner Plummer: ...but I don't agree with the structures have to stay there. So, what I
am saying to you is let me have the opportunity to have the Manager look at the entire scenario.
I don't think it is beyond expectations, or could not be that one of the suggestions of a speaker
was that the two parcels are separate. And, that could be a different scenario. So, I'm saying is
take all of the information that has been given here this evening, turn it over to the Manager, and
let him come back and recommend to this Commission. That's all I'm saying.
Mayor Clark: Yes, sir. Hold it. Mr. Attorney.
Mr. Jones: Mayor. I think you had a pending motion, I think the Clerk was trying to get your
attention. You had a pending motion to accept the study, but you haven't done...
Mayor Clark: All right.
Vice Mayor Dawkins: Accept.
Commissioner Plummer: Well, that's where we are now.
Vice Mayor Dawkins: Accept the study or the studies?
303 March 24, 1994
Commissioner Gort: We already approved one. We already approved the first study. We
accepted the study.
Vice Mayor Dawkins: Accepting what? This one.
Commissioner Gort: We accepted this one already.
Vice Mayor Dawkins: So, that's the one the Manager is to report back to us on?
Mr. Odio: I would recommend that you...
Commissioner Plummer: What do you recommend?
Mr. Odio: That you accept the charrette...
Commissioner Plummer: OK.
(APPLAUSE)
Mayor Clark: Fine.
Mr. Odio: That does not... that does not mean that when we put a feasibility plan together, and
we have been doing some studying in the Merrill Stevens' project...
Mayor Clark: Move that you accept the charrette study.
Mr. Odio: I recommend you accept the charrette study.
Mayor Clark: Work on that. Is there a second?
Vice Mayor Dawkins: I move the Manager's recommendation.
Commissioner Gort: Did you remove your motion?
Commissioner De Yurre: It's the same one. To accept what has been presented.
Commissioner Gort: OK. Just the charrette. OK.
Commissioner De Yurre: That was approved at the last item.
Commissioner Gort: OK.
Mr. Odio: Right.
Commissioner De Yurre: The other was accepted on the last item.
Mayor Clark: The motion is to accept the charrette.
Mr. Odio: I will work with the charrette.
Mayor Clark: Second?
Vice Mayor Dawkins: Hold it. Hold it. Let me hear what the... because see, like I said, I don't
want the people to go out of here again with another hidden agenda. What are you saying, Mr.
Manager?
304 March 24, 1994
Commissioner De Yurre: On the previous item...
Mr. Odio: I said I'm going to work with the charrette study.
Commissioner De Yurre: ...on the previous item, we accepted the study that was presented.
Now we are on this item and we are accepting this one also.
Unidentified Speaker: No.
Mayor Clark: Well, let's see what happens. Just relax.
Commissioner Plummer: Well, is there...
Mayor Clark: There is a motion in order to accept the charrette. Will you move it?
Commissioner Plummer: It's already been done.
Mayor Clark: Second?
Commissioner De Yurre: Well, I'll...
Mayor Clark: All of those in favor signify by saying "Aye." Now go ahead with your motion,
Victor.
Commissioner De Yurre: OK.
Ms. Matty Hirai (City Clerk): Mr. Mayor. Excuse me.
Commissioner De Yurre: Now they have both been accepted.
Ms. Hirai: On agenda 13, they were instructed to follow the recommendation of the
Administration as to the charrette presented by the City's Department, Planning Department, that
was on item 13. We are now on agenda 14.
Commissioner Plummer: Fourteen is the Chamber's study.
Vice Mayor Dawkins. No. Wait now.
Mayor Clark: Yes, it is.
Mr. Maxwell: Yes, it is.
Commissioner Gort: Yes, it is. Chamber's...
Mr. Odio: I will recommend against that.
Vice Mayor Dawkins: OK. Wait a minute.
Mayor Clark: We made a motion to accept the charrette a long time ago, four hours ago.
Commissioner Gort: That was passed.
Mr. Odio: Mr. Mayor, I would then recommend against agenda 14. We can only deal with one
at a time.
305 March 24, 1994
(APPLAUSE)
Commissioner Gort: Right.
Vice Mayor Dawkins: I move... I move the Manager's recommendation.
Commissioner Gort: Second.
Mayor Clark: Second?
Mayor Clark: With no exceptions, cast a unanimous ballot. Thank you, folks, for coming down.
(APPLAUSE)
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-221
A MOTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO
REJECT PZ-14 (WATERFRONT PLAN FROM KENNEDY PARK TO THE
BARNACLE PRESENTED BY THE COCONUT GROVE CHAMBER OF
COMMERCE.)
Upon being seconded by Commissioner Gort, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Please, now. We got a couple of items, and we have going about seven minutes.
-------------------------------------------------------------------------------------------------------------------
71. APPROVE, IN PRINCIPLE, THE 1993-1999 CAPITAL IMPROVEMENT PROGRAM
AS A GUIDE TO CITY AGENCIES, BOARDS AND DEPARTMENTS.
Vice Mayor Dawkins: Fifteen. OK. Fifteen.
Mayor Clark: PZ-15.
Commissioner Plummer: No, that's where I had the problem.
306 March 24, 1994
'sirat
Vice Mayor Dawkins: I move 15.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: You got an ordinance there?
Commissioner Plummer: What is 15?
Vice Mayor Dawkins: No, a resolution, sir.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO.94-222
A RESOLUTION WITH ATTACHMENT, APPROVING, IN PRINCIPLE, THE
1993-1999 CAPITAL IMPROVEMENT PROGRAM AS A GUIDE TO CITY
AGENCIES, BOARDS AND DEPARTMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
j' 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
NAYS: None.
ABSENT: None.
307 March 24, 1994
-------------------------------------------------------------------------------------------------------------------
72. FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS; CONTINUING / REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS -- ESTABLISH
NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FY 1993-94 --
REPEAL PROVISIONS OF ORDINANCE 10938 WHICH MAY BE IN CONFLICT
WITH THIS ORDINANCE.
Mayor Clark: How about PZ-16?
Vice Mayor Dawkins: Move it.
Mr. Joel Maxwell (Assistant City Attorney): We got... Fifteen is a resolution. Sixteen is the
ordinance.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: Sixteen is an ordinance.
Mayor Clark: Read the ordinance.
Mr. Maxwell: You have to vote on P-Z 15 as well, Mr. Mayor.
Mayor Clark: What?
Mr. Maxwell: You have to vote on P-Z 15 if you want to approve it.
Commissioner Plummer: We did.
Mayor Clark: We cast a unanimous ballot.
Mr. Maxwell: Sixteen is an ordinance.
Mayor Clark: Motion? Call the roll.
AN ORDINANCE (being drafted by the Law Department)
308 March 24, 1994
1u4
;v1uy
Was introduced by Commissioner and seconded by Commissioner 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
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Matty Hirai (City Clerk): Commissioner Plummer.
Commissioner Plummer: Yes.
Ms. Hirai: On agenda item P-Z 16, first reading, sir. Commissioner Plummer. e
Vice Mayor Dawkins: J.L., on P-Z 16.
Commissioner Plummer: What?
Ms. Hirai: Your approval on P-Z 16, first reading. Commissioner Gort.
Commissioner Plummer: Yeah. This is first reading on 16.
-------------------------------------------------------------------------------------------------------------------
73. (A) (Continued discussion) RESCIND MOTION 209.1 WHICH APPOINTED
RUBY FERIA TO SERVE ON CODE ENFORCEMENT BOARD.
(B) APPOINT ALFREDO HIDALGO-GATO TO SERVE ON CODE
ENFORCEMENT BOARD.
Commissioner De Yurre: Mr. Mayor, if I may quickly. I made an error previously on the Code
Enforcement Board appointment that I had.
Mayor Clark: Yeah.
Commissioner De Yurre: I had appointed Ruby Feria, but I want to change that to retain Alfredo
Hidalgo-Gato. I will so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot. Thank you.
309 March 24, 1994
The following motion was introduced by Commissioner De Yurre, who moved its
adoption:
MOTION NO.94-223
A MOTION RESCINDING MOTION 94-209.1, WHICH APPOINTED RUBY
FERIA AS A MEMBER OF THE CODE ENFORCEMENT BOARD; FURTHER
SUBSTITUTING AND APPOINTING ALFREDO HIDALGO-GATO AS A
MEMBER OF SAID BOARD.
Upon being seconded by Vice Mayor Dawkins, the motion 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
NAYS: None.
ABSENT: None.
The following resolution was introduced by Commissioner De Yurre, who moved its
adoption:
RESOLUTION NO.94-223.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CODE ENFORCEMENT BOARD OF THE CITY OF
MIAMI, FLORIDA, FOR 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
NAYS: None.
ABSENT: None.
310 March 24, 1994
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:56 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
311 March 24, 1994