HomeMy WebLinkAboutCC 1994-04-14 Minutesr • •
OF MEETWG HEW (N A.P R T L 14, 1994
REGULAR
Prepared by the Office of the City Cie*,
City Hal
r •
S•oy,
INDEX
MINUTES OF REGULAR MEETING
April 14, 1994
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
2
SPECIAL ITEMS.
4/14/94
2.
CONSENT AGENDA -- BRIEF
DISCUSSION
2-5
CLARIFYING COMMENTS ON CONSENT
4/14/94
AGENDA ITEMS 8, 10 AND 12.
2.1.
AUTHORIZE PURCHASE OF 1500 COMPOST BINS
R 94-224
6
(UNDER EXISTING PALM BEACH COUNTY BID
4/14/94
NO. SWA 94.12/JK) -- FROM NORSEMAN
PLASTICS -- FOR DEPARIMU OF GSA &
SOLID WASTE.
2.2.
ACCEPT BID: AIR/ELECTRIC TOOLS &
R 94-225
6
EQUIPMENT -- FOR FURNISHING OF AN
4/14/94
ELECTRO STATIC SPRAY GUN -- FOR
DEPARTMENT OF GSA & SOLID WASTE.
2.3.
ACCEPT BID: UNIFORM MANUFACTURING,
R 94-226
7
INC. -- FOR FURNISHING 1800 UNIFORM
4/14/94
SHIRTS -- FOR DEPARTMENT OF FIRE -
RESCUE.
2.4.
ACCEPT BID: BISCAYNE HAVANA FIRE &
R 94-227
7
SAFETY -- FOR FURNISHING FIRE HOSES (ON
4/14/94
CONTRACT BASIS AS NEEDED) -- FOR
DEPARINlE U OF FIRE -RESCUE -- MAY EXTEND
CONTRACT, SUBJECT TO AVAILABILITY OF
FUNDS.
2.5.
ACCEPT BID: ROCHESTER MIDLAND CORP. --
R 94-228
7-8
FOR FURNISHING / INSTALLATION /
4/14/94
MAINTENANCE OF DRIP DEODORIZING SYSTEMS
FOR VARIOUS RES ROOM FACILITIES
THROUGHOUT THE CITY (ON CONTRACT
BASIS) -- MAY OMM CONTRACT, SUBJECT
TO AVAILABILITY OF FUNDS.
2.6.
EXECUTE AGREEMENT WITH STEPHEN V.
R 94-229
RENUART, PROVIDING FOR MAINTENANCE /
4/14/94
CARE OF TWO OH-6 HELICOPTERS -- FOR
POLICE DEPARIMU -- MAY EST M
APT, SUBJECT TO AVAILABILITY OF
FUNDS.
2.7.
EXECUTE INI'ERLOCAL AGREEMENT WITH
R 94-230
METROPOLITAN DADE COUNTY (FOR 5-YEAR
4/14/94
TERM) TO PROVIDE FOR: (1) AQUATIC
MAINTENANCE FOR THE BISCAYNE BAY
SHORELINE AMID SPOIL ISLANDS, THE MIAMI
RIVER, AND CERTAIN CANALS WITHIN THE
CITY OF MIAMI; (2) FUNDING OF CITY 'S
FAIR SHARE CONTRIBUTION To COST OF SUCH
MAINTENANCE FROM STORMWATER UTILITY
FEES (ESTIMATED YEARLY A401M OF
$79,000); AND (3) RETROACTIVE FUNDING
($3,500) FOR MAINTENANCE PERFORMED
DURING FY 1991-92.
2.8.
AUTHORIZE CITY'S ACCEPTANCE OF 79 DEEDS
R 94-231
OF DEDICATION FOR HIGHWAY PURPOSES --
4/14/94
APPROVE RECORDING OF SAID DEEDS.
2.9.
CLAIM SETTLEMENT: SIXTA NEIPP
R 94-232
($42,500).
4/14/94
2.10.
APPROVE SUBLEASE AGREEMENT BETWEEN
R 94-233
BETTER WAY AND GREATER MIAMI SERVICE
4/14/94
CORP . -- FOR USE OF PORTION OF BECKHAM
HALL (810 N.W. 28 STREET) TO PROVIDE
SOCIAL SERVICE PROGRAMS TO LOW AND
MODERATE INCOME YOUNG ADULTS AGE 16 TO
23.
2.11.
EXECUTE AMENDMENT NO. 10 TO AGREEMENT
R 94-234
WITH DELOITTE & TOUCHE (CERTIFIED
4/14/94
PUBLIC ACCOUNTANTS), IN ASSOCIATION
WITH SHARPTION, BRUNSON & COMPANY, P.A.;
VERDEJA, IRIONDO & GRAVIER; AND WATSON
& COMPANY, P.A. -- FOR A SEPARATE AUDIT
REPORT FOR THE HOUSING CONSERVATION
DIVISION.
2.12.
GRANT REQUEST FOR WAIVER OF MIAMI
R 94-235
POLICE AND FIRE RESCUE FEES IN
4/14/94
CONNECTION WITH THE SEVENTH ANNUAL
AMERICA'S BIRTHDAY BASH (BAYFRONT PARK,
JULY 4, 1994), SUBJECT TO CONDITIONS.
0
9
10
10
10-11
11
tag.
2.13.
DONATE COLLECTION OF VINTAGE FILM
R 94-236
MATERIALS, TO THE LOUIS WOLFSON II MEDIA
4/14/94
HISTORY CENTER FOR THEIR PRESERVATION
AND ACCESSIBILITY TO THE GENERAL
PUBLIC.
2.14.
ACCEPT TRANSFER OF SURPLUS EDUCATIONAL
R 94-237
EQUIPMENT FROM DADE COUNTY PUBLIC
4/14/94
SCHOOLS FOR SUBSEQUENT DONATION TO ST.
GEORGE'S COLLEGE (IN KINGSTON,
JAMAICA), AT NO COST TO THE CITY.
2.15.
ACCEPT PLAT: CUM SUBDIVISION.
R 94-238
4/14/94
3.
EXPRESS SYMPATHY AND CONDOLENCES TO
R 94-239
SWAN CHHABRA ON THE PASSING OF HIS
MOTHER.
4/14/94
4.
DISCUSS AND DEFER (TO MEETING OF MAY
M 94-240
26TH) CONSIDERATION OF: (1) EVALUATION
4/14/94
OF THE CITY MANAGER; (2) PROPOSED
RESOLUTION TO ELECT / REAPPOINT THE
CITY ATTORNEY; AND (3) PROPOSED
RESOLUTION TO ELECT / REAPPOINT THE
CITY CLERIC -- DIRECT SAID OFFICIALS TO
PRESENT THEIR OBJECTIVES / GOALS.
5.
RESCHMDULE REGULAR CITY COMMISSION
R 94-241
MEETING PRESENTLY SET FOR MAY 12TH TO
4/14/94
NOW BE HELD ON MAY 5, 1994.
6.
(A) DISCUSSION CONCERNING PROPOSED
M 94-242
REF90U M ON RESIDENCY REQUIREMENT FOR
R 94-243
CITY EMPLOYMENT -- RECONSIDER VOTE
4/14/94
PREVIOUSLY TAKEN ON ADOPTION OF R-94-
212 CALLING FOR A SPECIAL MUNICIPAL
ELECTION WHICH WAS TO BE HELD ON
SEPT EMBER 8, 1994 CONCERNING CITY
RESIDENCY REQUIREMENT FOR FUTURE CITY
EMPLOYEES.
(B) RESCIND R 94-212 -- DIRECT CITY
ATTORNEY TO BRING BACK A SIMILAR
RESOLUTION PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION FOR THE SAME PURPOSE
BUT INCORPORATING A WAIVER CLAUSE WHICH
COULD BE EXERCISED BY MEMBERS OF THE
CITY COMMISSION BY A 4/5THS VOTE IN
INSTANCES WHERE IT MAY NOT BE POSSIBLE
TO FIND WHAT THE CITY MAY NEED AMONG
CITY RESIDENTS.
11-12
12
12-13
13-14
14-19
19-20
21-29
7. RENEW ALLAPATTAH COMMUNITY R 94-244 30-34
ACTION, INC. ' S REVOCABLE PERMIT 4/14/94
(WITHOUT A TIME FRAME) -- DIRECT
CITY MANAGER TO GIVE THE
ALLAPATTAH COMMUNITY ACTION, INC.
GROUP THE LAND BETWEEN THE
ELDERLY CENTER AND THE DAY CARE
FACILITY, AS REQUESTED BY THEM.
8. (A) SECOND READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE FUND:
COM1M=TY DEVELOPMENT BLOCK GRANT
(TWENTIETH YEAR) -- APPROPRIATE
$13,681,000 -- FURTHER APPROPRIATE
$2,000,000 FROM 19TH YEAR CDBG PROGRAM
INCOME, AS APPROVED BY DEPARTTYM OF
HOUSING AND URBAN DEVELOPMENT (HUD),
FOR A TOTAL APPROPRIATION OF
$15,681,000.
(B) ACCEPT ADMINISTRATION'S
RECOMMENDATIONS CONCERNING PROPOSED
ALLOCATION OF 20TH YEAR CDBG MONIES
CONCERNING SOCIAL PROGRAM AGENCIES,
INCREASING AMID/OR FUNDING THE FOLLOWING
AGENCIES: (1) ACTION COMMUNITY CENTER,
INC.; (2) LITTLE HAVANA ACTION AND
NUTRITIONAL CENTER (MEDICAL SERVICES);
(3) THE USEFUL AGED ASSOCIATION; (4)
SOiiTHWEST SOCIAL SERVICES PROGRAM; (5)
THE JANES E. SCOTT COMMUNITY
ASSOCIATION (JESCA); (6) BETTER WAY OF
MIAMI (THE HOMELESS); (7) ST. AGNES
RAINBOW VILLAGE (CHILDCARE); (8)
OVERTOWN COMMUNITY OPTIMIST CLUB; (9)
CENTRO MATER (TEEN OUTREACH); (10)
ASSOCIATION FOR THE DEVELOPMENT OF THE
EXCEPTIONAL; (11) ASPIRA OF FLORIDA;
(12) LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTER; AND (13) HISPANIC
COALITION.
(C) ACCEPT ADMINISTRATION'S
RECOMMENIDATIONS CONCERNING PROPOSED
20TH YEAR CDBG ALLOCATIONS CONCERNING
THE ECONOMIC DEVELOPMENT PORTION, AS
MORE FULLY OUTLINED IN THE COMMUNITY
DEVELOPMENT CDBG 1994-1995 PROGRAM --
(SELECTED CBOS TO BE DESIGNATED FOR
FUNDING AT A FUTURE TIME).
(D) ACCEPT AI)MffNISTRATION'S
RECOMMENDATIONS CONCERNING PROPOSED
20TH YEAR CDBG ALLOCATIONS CONCERNING
THE HOUSING PROGRAM PORTION AS MORE
FULLY OUTLINED IN THE COMMUNITY
DEVELOPMENT CDBG 1994-1995 PROGRAM --
EXCEPT FOR ADDITIONAL ALLOCATIONS TO:
(1) THE EDGEWATER ECONOMIC DEVELOPMENT
(HOUSING PROJEC'T)I AMID (2) ST. JOHN
DEVELOPMENT CORPORATION. (See labels 10
& 12)
M 94--245
ORDINANCE
11136
M 94-246
M 94-247
4/14/94
35-101
.cry'
9. GRANT REQUEST BY REPRESENTATIVES OF THE
R 94-248
COCONUT GROVE BID RACE FOR A ONE -DAY
4/14/94
PERMIT FOR SALE OF ALCOHOLIC BEVERAGES
DURING THEIR EVENT (MAY 15, 1994).
10. (Continued) DISCUSS AND TABLE
DISCUSSION
CONSIDERATION OF ADMINISTRATION'S
4/14/94
RECOMMENDATIONS CONCERNING
PROPOSED ALLOCATION OF CDBG
FUNDING (1994-1995) AS IT
CONCERNS THE PUBLIC FACILITIES
CATEGORY AS MORE FULLY OUTLINED
IN THE COMMUNITY DEVELOPMENT
DEPARTMENT PROGRAM. (See labels 8
& 12)
11. SUPPORT PROPOSED BOUNDARIES FOR THE
R 94-249
EMPOWERMENT ZONE AS IDENTIFIED BY THE
4/14/94
BOARD OF COUNTY CG MISSIONERS ON MARCH
22, 1994 -- SUPPORT CITY OF MIAMI'S AND
ME'1ROPOLITAN DADE COUNTY' S JOINT GRANT
APPLICATION FOR EMPOWERMENT ZONE
FUNDING TO BE SUBMITTED TO THE U.S.
GOVERNMENT UNDER THE EMPOWERMENTT ZONES
AMID ENTERPRISE CODMUNITIES PROGRAM.
101-103
104-108
109-115
12. (A) (CONTINUED DISCUSSION) ACCEPT
M 94-250
ADMINISTRATION'S RECOMMENDATIONS
M 94-251
CONCERNING 20TH YEAR CDBG
4/14/94
ALLOCATIONS AS IT CONCERNS THE
"PUBLIC FACILITIES AND
IMPROVEMENTS CATEGORY," AS MORE
FULLY OUTLINED IN THE COMMUNITY
DEVELOPMENT 1994-1995 CDBG
PROGRAM, BY INCREASING AND/OR
ALLOCATING MONIES TO: (1)
DOWNTOWN MIAMI GATEWAYS/DDA
(SUBJECT TO CITY COMMISSION
APPROVAL, ON AN ITEM BY ITEM
BASIS, PRIOR TO DISBURSEMENT OF
FUNDS); (2) GIBSON PARK; (3)
MOORE PARK; AND (4) RANGE PARK
(SWIMMING POOL ONLY).
(B) ACCEPT STAFF'S RECOMMENDATION
CONCERNING ALLOCATION OF 20TH
YEAR CDBG MONIES IN THE CATEGORY
OF ADMINISTRATION, SUBJECT TO
PRIOR FUNDING MODIFICATIONS BY
THE COMMISSION -- ALLOCATE 15% OF
TOTAL HUD CDBG GRANT MONIES IN
THE SOCIAL PROGRAMS CATEGORY TO
PARTIALLY COVER ADDITIONAL
FUNDING -- DIRECT ADMINISTRATION
TO IDENTIFY BALANCE OF FUNDS
NECESSARY TO IMPLEMENT
MODIFICATIONS;
(C) DIRECT CITY MANAGER TO
IDENTIFY AN EXTRA $50,000 FROM
ANY AVAILABLE SOURCE, TO CONTINUE
FUNDING FOR GEORGIA AYERS'
"ALTERNATIVE PROGRAMS." (See
labels 8 & 10)
13. AUTHORIZE NEGOTIATION OF A LOAN
R 94-252
($16,000,000) FROM THE SUNSHINE STATE
4/14/94
GOVERNvMrAL FINANCING COMMISSION FOR
THE PURPOSE OF FINANCING CERTAIN
CAPITAL IMPROVEMENTS.
115-129
129-134
n)
14.
(A) FIRST READING ORDINANCE:
ORDINANCE
AMEND 10938 -- INCREASE TOTAL
FIRST READING
APPROPRIATIONS FOR CAPITAL
M 94-253
PROJECT: SAINT HUGH OAKS VILLAGE
M 94-254
HOUSING PROJECT (CIP 321040),
4/14/94
FROM SALE OF AFFORDABLE HOUSING
UNITS TO COVER OVERRUN INCURRED
IN DEVELOPMENT OF 23 NEW SINGLE-
FAMILY UNITS ON THE CITY -OWNED
SAINT HUGH OAKS PARCEL LOCATED IN
COCONUT GROVE.
(B) RESOLUTION FAILS TO AUTHORIZE
INCREASE IN CONTRACT WITH
ASSOCIATES CONSTRUCTION
CORPORATION FOR THE SAINT HUGH
OAKS VILLAGE HOUSING PROJECT, B-
6206 (CIP 321040) -- FUNDS TO BE
PROVIDED FROM SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT
PROGRAM (CIP 321034).
(C) DIRECT CITY MANAGER AND CITY
ATTORNEY TO INITIATE A STUDY,
SUPPORTED BY EMPIRICAL DATA, TO
ASCERTAIN WHETHER OR NOT THERE
HAS BEEN DISCRIMINATION IN IN THE
CITY -- DIRECT CITY ATTORNEY TO
EXPLORE FEASIBILITY OF DRAFTING
NONDISCRIMINATORY LEGISLATION,
SETTING THE POLICY THAT 25% OF
CITY -SPONSORED ST. HUGH OAKS
VILLAGE CONDOMINIUM PROJECT UNITS
SHALL BE RESERVED FOR AFRICAN-
AMERICANS IN THE COCONUT GROVE
AREA.
15.
GRANT FEE WAIVERS REQUEST BY
R 94-255
REPRESENTATIVES OF THE DIABETES
4/14/94
RESEARCH INSTITUTE FOR USE OF DOCK
SPACE DURING THEIR ANNUAL CATCH A CURE
FISHING TOURNAMENT (JUNE 4, 1994).
16.
APPROVE CITY MANAGER'S RECOMMENDATION
R 94-256
TO EFFECT CERTAIN MODIFICATIONS IN
4/14/94
PRESENT CONTRACT WITH THE BUS BENCH
COMPANY.
17.
APPROVE PAYMENT OF LEGAL FEES TO RONALD
R 94-257
J. COHEN, ESQUIRE CONCERNING
4/14/94
REPRESENTATION OF POLICE OFFICERS
ROBERT SADLER, J.E. MENDEZ, AND DAWN
CAMPBELL, AND SERGEANT ROBERTO BAEZ,
SUBJECT TO FRATERNAL ORDER OF POLICE
WITHDRAWING THEIR LAWSUIT.
135-165
166-167
167-169
169-171
18. DISCUSSION CONCERNING ROY BLACK, DISCUSSION 171
ESQUIRE'S REQUEST FOR PAYMENT OF HIS 4/14/94
FEES IN CONNECTION WITH HIS DEFENSE OF
WILLIAM LOZANO -- DIRECT CITY MANAGER
TO SCHEDULE DISCUSSION FOR THE MEETING
OF MAY 5TH.
19. PERSONAL APPEARANCE: MR. WILLARD DISCUSSION 172-175
HART EXPRESSES TO CITY COMMISSION 4/14/94
HIS IMPRESSIONS OF THE CODE
ENFORCEMENT BOARD.
20. GRANT REQUEST BY REPRESENTATIVES
OF THE "MIAMI PROJECT TO CURE
PARALYSIS" FOR FEE WAIVERS FOR
THEIR WALK-A-THON EVENT (OCTOBER
29, 1994) -- STIPULATE THAT THE
WAIVERS WILL APPLY TO THE USE OF
BICENTENNIAL PARK RATHER THAN THE
USE OF COCONUT GROVE.
21. PERSONAL APPEARANCE: MR. JOE SUAREZ,
EVENT COORDINATOR FROM MIAMI WAVE --
DISCUSSION CONCERNING REQUEST FOR
WAIVER OF CITY ORDINANCE (ORDINANCE
10764 ) TO ALLOW AN ADDITIONAL, EVENT IN
COCONUT GROVE FOR THEIR GREAT "COCONUT
GROVE BICYCLE RACE" EVENT TO BE HELD IN
COCONUT GROVE (OCTOBER 16, 1994).
22. APPROVE INRqF'=ATION OF A PROGRAM TO
PROVIDE A 24-HOUR TELEPHONE SERVICE
(SIMILAR TO OUR 911 SYSTEM) WHEREIN ANY
QUESTION TOURISTS MAY HAVE MAY BE
ANSWERED IN THEIR OWN LANGUAGE, SUBJECT
'TO ALNlINISTRATION IDENTIFYING FUNDING
SOURCE.
23. DISCUSSION CONCERNING FUNDS GIVEN TO
POLICE DEPARTMENT FROM LAW ENFORC 24ENT
TRUST FUND (LErF) DURING FY'93-94, AND
A DETAILED NARRATIVE REPORT REGARDING
HOW $24,000 GIVEN TO THE P.O.P. (PUSH
OUT THE PUSHER) UNIT WERE SPENT DURING
OCTOBER '93 THROUGH FEBRUARY '94.
R 94-258
4/14/94
DISCUSSION
4/14/94
R 94-259
4/14/94
DISCUSSION
4/14/94
176-180
180-181
181-183
183-186
24.
(A) RESCIND 93-628 AMID 94-159 --
R 94-260
AUTHORIZE CITY MANAGER TO EXECUTE
R 94-261
CORRECTIVE QUIT-C2AIM DEED TO
4/14/94
METROPOLITAN DADE COUNTY IN ORDER TO
CORRECT SCRIVENER'S ERRORS IN ORIGINAL
QUIT-CSAIM DEED DATED MAY 27, 1975.
(B) AUTHORIZE CITY MANAGER TO 90CU E A
PRE -DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY, PROVIDING FOR
DEVELAPMENT OF WANT PROPERTIES
iQVM AS: (1) FEC, AND (2) BICENIMTiIAL
PARK -- FOR PURPOSES OF EXPANSION OF
EXISTING PORT OF MIAMI AND CREATION OF
PARK FACILITIES, SPECIAL ATTRACTIONS,
PUBLIC GARDEN FACILITY AND CONNECTOR
BRIDGE TO BAYSIDE.
25.
EXECUTE AEI' TO PROFESSIONAL
R 94-262
SERVICES AGREEMENT WITH MRA
4/14/94
INTERNATIONAL, INC. -- INCREASE MAXIMUM
AMOUNT OF COMPENSATION TO $100,000.
26.
DISCUSSION CONCERNING VIZCATRAN
DISCUSSION
LTD . ' S OFFER TO SELL THE
4/14/94
VIZCATRAN PARCEL TO THE CITY.
27.
DENY REQUEST BY RICKENBACKER
M 94-263
MARINA, INC. TO SURRENDER ITS
4/14/94
REMAINING 15-YEAR LEASE TERM.
28.
DISCUSSION CONCERNING LIST SUBMITTED BY
DISCUSSION
COCONUT GROVE CHAMBER OF COMMERCE,
4/14/94
STING PROPOSED NOMINEES TO BE
HONORED WITH INSTALLATION OF A PLAQUE
AS PART OF THE COCONUT GROVE WALK OF
FAME PROJECT -- DIRECT ADMINISTRATION
TO BRING THIS ITEM BACK WITH PROPER
INFORMATION.
29.
(A) FUND LATIN QUARTER ASSOCIATION
M 94-264
($12,500) OUT OF 19TH YEAR CDBG TO
R 94-265
ALLOW 'THEM TO COMPLETE THEIR FISCAL
4/14/94
YEAR (THROUGH JUNE 30, 1994) -- NO
FUTURE FUNDING TO BE ALTACATED.
(B) FUND NEW WASHINGTON HEIGHTS
CCHMUNITY DEVELOPMENT CORPORATION OUT
OF 19TH YEAR CDBG (THROUGH JUNE 30,
1994) -- NO FUTURE FUNDING TO BE
ALLOCATED.
186-201
201-205
205-221
221-224
225-227
227-233
30. SECOND READING ORDINANCE: AMEND CODE
(MATTER 40, ARTICLE IV (PENSION AND
RETIRIIMENT PLANS) -- ESTABLISH DIVISION
III, SECTION 40-250, ET SEQ. (PURSUANT
TO SECTION 112.048 OF FLORIDA LAWS) --
CREATE SYSTEM OF RETIREMENT FOR ELECTED
OFFICIALS WHO HAVE HELD ELECTIVE OFFICE
FOR THE CITY FOR 20 OR MORE YEARS.
31. DISCUSSION CONCERNING PROPOSED SECOND
READING ORDINANCE TO AMEND CODE CHAPTER
22 (GARBAGE AND TRASH), ESTABLISHING
ENFORCEMENT PROCEDURES APED
ADMINISTRATIVE FEES TO BE PAID BY
PERSONS WHO FAIL TO REMOVE THEIR
GARBAGE CANS FROM CURBSIDE AFTER
GARBAGE COLLECTION -- DIRECT CITY
ATIIORNEY TO REMOVE PENALTY PROVISION.
32. SECOND 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 (PY193); (4) DHRS/RCA (PY'93);
(5) JTPA TITLE III DISCRETIONARY
(PY'93), AND (6 ) JTPA TITLE I IB SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM
(PY'93) -- APPROPRIATE FUNDS FROM U.S.
DEPARTMENT OF LABOR GRANT AWARDS --
ACCEPT GRANT AWARDS -- ENTER INIC
NECESSARY AGREEMENTS WITH SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
33. SECOND READING ORDINANCE: ESTABLISH
APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS -- CONTINUING AND
REVISING PREVIOUSLY APPROVED SCHEDULED
CIP PR0JEC1.'S -- ESTABLISHING NEW CIP TO
BEGIN DURING FY 1993-94 -- REPEALING
PROVISIONS OF ORDINANCE 10938 WHICH MAY
CONFLICT WITH THIS ORDINANCE.
34. FIRST READING ORDINANCE: AMEND CODE
SECTIONS 2-392 APED 31-10 -- TO PROHIBIT
ISSUANCE OR RENEWAL OF A CERTIFICATE OF
USE OR OCCUPATIONAL LICENSE WHEN THE
PLACE WHICH IS THE SITE REQUESTED FOR
SUCH PERMITS IS ALSO THE SUBJECT OF
CODE ENFORCEMENT PROCEEDINGS RELATED TO
ILLEGAL CONSTRUCTION ACTIVITY.
ORDINANCE
11137
4/14/94
DISCUSSION
4/14/94
ORDINANCE
11138
4/14/94
ORDINANCE
11139
4/14/94
ORDINANCE
FIRST READING
4/14/94
233-235
235-238
238-239
239-240
240-242
35.
FIRST READING ORDINANCE TO AMEND CODE
ORDINANCE 242-243
CHAPTER 54 (STREETS AND SIDEWALKS)
FIRST READING
SECTION 54-104 (NONSTANDARD STREET
4/14/94
WIDTHS) -- MODIFY WIDTH OF S.W. 8
AVENUE BETWEEN W. FIAGLER STREET AND
S.W. 8 STREET.
36.
AUTHORIZE LICENSE AGREEMENT WITH THE
R 94-266 243-245
SCHOOL BOARD OF DADE COUNTY FOR USE OF
4/14/94
VARIOUS PARK PLAYG UJNDS (FOR 5-YEAR
PERIOD WITH SUCCESSIVE ONE-YEAR RENEWAL
PERIODS, AT THE MANAGER'S
DISCRETION) -- REIMBURSEMENT M BE MADE
TO THE CITY ON A QUARTERLY BASIS OF 80%
OF ALL MAINTENANCE RELATED EXPENSES,
INCLUDING PERSONNEL AND UTILITIES.
37.
AMEND RESOLUTION 93-729, WHICH APPROVED
R 94-267 246-247
CtANr OF EASEMENT, CONSISTING OF 20-
4/14/94
FOOT STRIP OF LAND ON BICENTENNIAL
PARK -- TO CONSTRUCT / INSTALL /
MAINTAIN A 36-INCH WATER MAIN --
THEREBY CHANGING NAME OF GRANTEE
STING SAID G IPM OF EASEMENT FROM
"METROPOLITAN DADE COUNTY, MIAMI DADE
WATER AND SEWER AUTHORITY DEPAR'Il`EM"
TO "METROPOLITAN DADE COUNTY."
38.
AM M RESOLUTION 93-732 -- MODIFY
R 94-268 248-249
SOUTHERN BOUNDARY OF LA PEQUENA HABANA
4/14/94
COMMUNITY DEVELOPMENT TARGET AREA FOR
COMMUNITY DEVELOPMENT BIACK GRANT
PURPOSES.
39.
AUTHORIZE AMENDMENT TO APPROVED 17TH
R 94-269 249-251
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
4/14/94
(CDBG) PROGRAM FINAL STATEMENT TO THE
U.S. DEPARTMENr OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TO REELECT AN
ALLOCATION INCREASE ($158,000) FOR
APPROVED PROJECT: WYNWOOD NORTHWEST
2ND AVENUE STREETSCAPE IMPROVEMENT
PROJECT -- FOR AESTHETIC AND SECURITY
E ZEM, INCLUDING PEDESTRIAN SCALE
LIGHTING AND SIDEWALKC BEAUTIFICATION --
ACCEPT BID: PNM CORPORATION -- EXECUTE
CONTRACT. ( See label 43 )
40.
DISCUSS AND DEFER CONSIDERATION OF
M 94-270
251-253
PROPOSED RESOLUTION TO ACCEPT PROPOSAL
4/14/94
OF MOTOROLA COMMUNICATIONS &
El3CTRONICS, INC. -- TO PROVIDE A
Zi1RIiM FIRE STATION ALERTING SYSTEM ON
A LEASED PURCHASE BASIS-- FOR FIRE -
RESCUE DEPARTTV=.
41.
ACCEPT BIDS: (1) COMMUNITY TIRE
R 94-271
253-254
( rER; (2) FEDAN TIRE COMPANY; (3)
4/14/94
MARTINO TIRE COMPANY; (4) SOUTH DADE
AUIUMOTIVE; (5) BALADO NATIONAL TIRE,
INC . ; (6) LYNN STRICKLAND; (7) GOODYEAR
CT & CS; (8) MIAMI TIRESOLES, INC., AND
(9) SOUTHWEST CYCLE -- FOR FURNISHING
VEHICLE TIRES AND TUBES -- FOR (a)
DEPARIMU OF GSA & SOLID WASTE /
FLEET MANAGEMENT DIVISION, AND (b)
FIRE -RESCUE DEPARTMENT / SUPPORT
SERVICES DIVISION -- MAY EXERCISE
OPTION TO EXTEND SUBJECT TO
AVAILABILITY OF FUNDS.
42.
(Continued) BRIEF COMMENTS CONCERNING
DISCUSSION
254-255
PREVIOUSLY ADOPTED RESOLUTION
4/14/94
AUTHORIZING AMENDMENT TO APPROVE 17TH
YEAR CDBG PROGRAM FINAL STATEMENT TO
REFLECT AN ALLOCATION, AS MORE FULLY
OUTLINED IN LABEL 40 ABOVE (See label
40).
43.
FUND 1994 FLORIDA POLICE CHIEFS
R 94-272
255-257
TRAINING CONFERENCE -- ALLOCATE $15,000
FROM LETF .
4/14/94
44.
FUND "PUSH OUT THE PUSHER" (P.O.P.)
R 94-273
257-258
PROGRAM -- AIS,OC.ATE $24,000 FROM IM .
4/14/94
45.
AUTHORIZE NEGOTIATION / EXECUrION OF
R 94-274
258-259
PROFESSIONAL SERVICES AGIMEIaT WITH
4/14/94
METCALF & EDDY, INC. -- FOR PREPARATION
OF A REMEDIAL ACTION PLAN FOR
C:OrTI'AMINATION REMEDIATION AT CITY' S
HEAVY EQUIPMENT FACILITY -- ALLOCATE
$99,400.
46.
ACCEPT BID: _TECINA INTERNATIONAL,
R 94-275
259-261
INC. -- FOR PROJECT ENTITLED: PEACOCK
4/14/94
PARK REDEVELOPMENT PROJECT, B-6205.
47.
ACCEPT BID: ROYAL ENGINEERING
R 94-276
262-263
CONSTRUCTION, INC. -- FOR COCONUT
4/14/94
GROVE SIDEWALK REPAIR PROJECT, SECOND
BIDDING, B-4563 (CIP 341175) -- EXECUTE
CONTRACT.
48.
ACCEPT BID: J.C.I. INTERNATIONAL,
R 94-277
264-265
INC. -- FOR CITYWIDE SIDEWALK
4/14/94
REPLACEMENT PROJECT - PHASE V, B-4558
(CIP 341175) -- EXECUTE CONTRACT.
49.
RATIFY MANAGER'S FINDING OF
R 94-278
265-266
EMERGENCY -- WAIVE COMPETITIVE SEALED
4/14/94
BID PROCEDURES FOR PROCUREMENT OF
ENVIRONMENTAL MONITORING AMID TESTING
SERVICES TO BE PERFORMED AT THE CITY'S
SAWYER PROPERTY (801 N.W. 2 AVENUE) --
ALLOCATE $5, 000 FROM SOUTHEAST OVERTOM
PARK WEST TRUST.
50.
ACCEPT BID: ZURQUI CONSTRUCTION
R 94-279
267-268
SERVICE, INC. -- FOR PAN AMERICAN DRIVE
4/14/94
MEDIAN IMPROVEMENTS PROJECT (2ND
BIDDING), B-2993-A. ,
51.
CONFIRM APPOINTM W OF SANITATION
R 94-280
268-269
EMPLOYEES' ASSOCIATION DESIGNEE TO THE
4/14/94
GENERAL EMPLAYEES' AMID SANITATION
EMPLOYEES' RETIRIIMENT TRUST.
(Appointed was: Peter Joffre.)
52.
BRIEF COMMENTS CONCERNING PROPOSED
DISCUSSION
269-270
CHANGE OF START TIME FOR THE CITY
4/14/94
COMMISSION MEETING SCHEDULED FOR APRIL
28, 1994. (See label 60)
53.
AUTHORIZE BAYFRONT PARK MANAGEMENT
R 94-281
270-271
TRUST TO EXPEND $15,000 TO INSTALL AN
4/14/94
IRRIGATION SYSTEM IN SOUTH END OF
MILDRED AMID CLAUDE PEPPER BAYFRONT
PARK.
54.
CODESIGNATE N.W. 9 STREET FROM N.W. 3
R 94-282
271-272
AVENUE TO N.E. 2 AVENUE AS: WILLIE
4/14/94
WATERS WAY.
55.
GRANT REQUEST BY THE TASTE OF HEALTH,
R 94-283
272-273
INC. FOR A ONE -DAY PERMIT FOR SALE OF
4/14/94
ALCOHOLIC BEVERAGES DURING THEIR EVENT
(APRIL 24, 1994).
-Ai
56.
EXTEND CONTRACT WITH MET CONSTRUCTION,
R 94-284
274-275
INC. TO COMPLETE THE CENTRAL PLAZA IN
4/14/94
SOUTH END OF MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
57.
ALTACATE $150,000 (FROM CITY MANAGER'S
R 94-285
275-276
DISCRETIONARY BUDGET) FOR BAYFRONT PARK
4/14/94
M VV GRWU TRUST, TO ENABLE THE TRUST
TO OPERATE / MAINTAIN BICENTENNIAL PARK
FOR REMAINDER OF FY 1993-94.
58.
CREATE A SECURITY DISTRICT BOUNDED BY
R 94-286
276-277
BISCAYNE BAY ON THE EAST, BISCAYNE
4/14/94
BOULEVARD ON THE WEST, INTERSTATE 395
ON THE NORTH AND HOTEL INIERCONTINENTAL
ON THE SOUTH, INCLUDING BICENTENNIAL
PARK, FEC PROPERTY, BAYSIDE
MARKETPLACE, MILDRED AND CLAUDE PEPPER
BAYFRONT PARK, AND HOTEL,
IN.['ERCMINENTAL -- ALT=ATE $70, 000.
59.
(Continued) SET START TIME FOR
R 94-287
278-279
CCvJMISSION MEETING SCHEDULED FOR APRIL
4/14/94
28, 1994 TO BEGIN AT 3 P.M.. (See label
53)
60.
(A) AWARD BID FOR PROFESSIONAL BOND
R 94-288
279-281
COUNSEL SERVICES TO HOLIAND AND KNIGHT
R 94-289
(IN CONJUNCTION WITH KUBICKI DRAPER LAW
4/14/94
FIRM) IN CONNECTION WITH THE $28
MILLION REFUNDING ISSUE.
(B) AWARD BID FOR PROFESSIONAL BOND
COUNSEL SERVICES TO GREENBERG TRAURIG,
ET AL. (IN CONJUNCTION WITH THE McCRARY
AND MOSLEY LAW FIRM) CONCERNING A $10
MILLION REFUNDING ISSUE.
61.
DIRECT CITY MANAGER TO CONTACT MS.
DISCUSSION
281-282
CURRY TO SATISFY HER PROBLEM WITH
4/14/94
ALLEGED STOLEN CHALLENGER DONATION.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of April, 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 9:07 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
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 memo from City Manager Cesar
Odio, agenda items 1, CA-6, CA-7, 21, 32, 33, 50, 51, 52, 53, and
54 were withdrawn.
1 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
-------------------------------------------------------------------------------------------------------------------
(A) Commendation and plaque: Diane Knowles -- Outstanding Employee of the Year
1993.
(B) Commendation and plaque: Thomas D. Parks -- Outstanding Employee of the Year
1993.
(C) Certificate of Appreciation: Rolando Marques -- Top Winner, The Do The Right
Thing Award (March 1994).
(D) Commendation: and dedication to police officers for their professionalism (given to
Chief Calvin Ross to distribute).
-------------------------------------------------------------------------------------------------------------------
2. CONSENT AGENDA -- BRIEF CLARIFYING COMMENTS ON CONSENT
AGENDA ITEMS 8, 10 AND 12.
Mayor Clark: We are now going over the consent agenda, and any person that desires to appeal
any decision the Commission makes with respect to a matter considered at this meeting shall
give a verbatim record to the Clerk. On this consent agenda, do you have any changes or
corrections?
Commissioner Plummer: Mr. Mayor, for the record, you might want to indicate that CA-6 and 7
have both been withdrawn.
Mayor Clark: CA-6 and 7.
Commissioner Plummer: By the Manager. Mr. Mayor, for the record, I have nothing to
withdraw from the consent.
Mayor Clark: Mr. Gort?
Commissioner Gort: I had a question, and I left mine at home, so... I had a question on 10.
Commissioner Plummer: On 10?
Commissioner Gort: Yes, I had a question on 10.
Commissioner Plummer: Mr. Mayor, may I correct my statement? I do have a question on 12.
Mayor Clark: All right. Mr. Dawkins, do you have any response?
Vice Mayor Dawkins: No, sir, thank you, Mr. Mayor.
Commissioner Plummer: Six and 7 were withdrawn by the Manager. Here's your list. Did
everybody get this list, as I did? I assume you did, of all the items withdrawn? Mr. Mayor,
would you like me to read into the record, this?
2 April 14, 1994
Mayor Clark: Yes, sir, if you will, please.
Commissioner Plummer: Withdrawn from today's agenda, in case any of you have the
following items, they have been withdrawn by the Administration: Item 1, item 21, item 50; in
the consent agenda: item CA-6, CA-7; in the regular agenda: items 32, 33, 51, 52, 53, and 54
are items that have been withdrawn. If you didn't hear what I just read, you may look at the
board over on the side, and it will tell you which items have been withdrawn from today's
agenda.
Mayor Clark: All right. On CA-1, Mr. Manager, you have a correction in that, to reflect these
bins are given away, and not sold to the public, on CA-1?
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: These bins will be given away and not sold to them.
Mr. Odio: You're not selling.
Mr. Ron Williams: They will be given away, Mr. Mayor.
Mr. Odio: They will be given away to residents.
Mayor Clark: As long as that correction is made. On CA-8...
i
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Jones: I think you should, so we have a clear record, is read the change on CA-1 into the
record.
Mayor Clark: Do we need a motion to change that, Mr....
Mr. Jones: Yeah.
Commissioner Plummer: So moved.
Mayor Clark: Is there a second?
Commissioner Plummer: Clarification.
Mayor Clark: To change it to "be given away," not "sold." All in favor, signify by saying "aye."
Commission Panel: "Aye."
Mayor Clark: Opposed, like sign. So ordered.
Mayor Clark: Mr. Manager, on CA-8, there doesn't appear to have been a competitive bidding
process on this item.
Mr. Odio: That's the helicopter.
3 April 14, 1994
Mayor Clark: Yeah. How was he selected for this maintenance agreement?
Mr. Joseph Longueira: Mr. Mayor, what they did on this, they're getting a professional services
contract with an individual. They contacted several individuals to try and find certified people
on this kind of helicopter. They also went to two corporations that are in this area to service it,
and one of the companies, as an example, wanted $170,000 to provide the same type of service,
where this individual is going to contract, individually, with us to do it for $40,000.
Mayor Clark: That's a solid contract, no "it"' clause, or anything else. That's the end of the
contract right there. I mean, that's the total amount.
Mr. Longueira: That's for the labor, labor. OK, that does not cover parts, because with a
helicopter, it's hard to tell what kind of parts you're going to have.
Commissioner Plummer: But you know from the beginning, it's going to be expensive.
Mr. Longueira: Right. Our expectation with this project is that we're not going to have a
problem for several years. One of the things we've done, along with the helicopter, is the
Federal Government is giving us numerous free parts. So we may have three or four of the same
kind of part that they're giving us for free, because they have them in their inventory that they
want to get rid of.
Mayor Clark: All right. Any discussion on that item? All right. How about CA-10? Someone
wanted to... Mr. Gort.
Commissioner Gort: Yeah. It's Public Works. The question was... I had a question here, but I
left my... I've got somebody else's agenda. I left mine home. I didn't bring it over at the time.
This is... Things have been taking action for a long time now, and it's coming in front of us for
approval?
Mr. James Kay: Yes, sir. These are a couple of years old, some of these deeds. They were
taken prior to the time that the City Code was actually amended, requiring us to show,
demonstrate that we have to have a need for these deeds.
Commissioner Gort: But these are volunteer deeds, so people, when they come in front of us
for...
Mr. Kay: Right, these are voluntary deeds.
Commissioner Gort:... to do the planning and zoning?
Mr. Kay: Right.
Commissioner Gort: All right. Thank you. That's all, Mr. Mayor.
Mayor Clark: Thank you. CA-12, Mr. Plummer.
Commissioner Plummer: Mr. Manager, may I ask, the sublease for Better Way. I'm concerned
that they were here before and didn't have enough money to do their own program, and now,
4 April 14, 1994
we're talking about subleasing. Are we assured, as Commissioner Dawkins and I were before,
that when we gave them the money to begin with, we told them flat and made it emphatic that
that was all the money they were going to get. Now, does this sublease in any way create a
problem or the demand for additional funds?
Unidentified Speaker: No, sir.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Clark: All right, fine. Any other question on the consent agenda?
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: If there's none, I'll move it.
Mayor Clark: All right, sir. Would you read into the record that any person has a chance to
speak at this time. That's been done. Moved and seconded. Any discussion? Call the roll,
Madam Clerk.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA
i WITH ABOVE EXCEPTIONS, 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.
5 April 14, 1994
2.1. AUTHORIZE PURCHASE OF 1500 COMPOST BINS (UNDER EXISTING PALM
BEACH COUNTY BID NO. SWA 94.12/JK) -- FROM NORSEMAN PLASTICS --
FOR DEPARTMENT OF GSA & SOLID WASTE,
RESOLUTION NO.94-224
A RESOLUTION AUTHORIZING THE PURCHASE OF
FIFTEEN HUNDRED (1500) COMPOST BINS UNDER AN
EXISTING PALM BEACH COUNTY BID NO. SWA 94.12/JK
FROM NORSEMAN PLASTICS AT A TOTAL PROPOSED
AMOUNT OF $48,750.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE; ALLOCATING FUNDS THEREFOR FROM THE
FY'94 RECYCLING EDUCATION GRANT, ACCOUNT
CODE NO. 421301-840, PROJECT NO. 197006;
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.)
2.2. ACCEPT BID: AIR/ELECTRIC TOOLS & EQUIPMENT -- FOR FURNISHING OF
AN ELECTRO STATIC SPRAY GUN -- FOR DEPARTMENT OF GSA & SOLID
WASTE.
RESOLUTION NO. 94-225
A RESOLUTION ACCEPTING THE BID OF AIR/ ELECTRIC
TOOLS & EQUIPMENT FOR THE FURNISHING OF AN
ELECTRO STATIC SPRAY GUN FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE AT A TOTAL PROPOSED AMOUNT OF $7,499.00;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION AND SOLID
WASTE/PROPERTY MAINTENANCE ACCOUNT CODE
NO. 420401-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
6 April 14, 1994
2.3. ACCEPT BID: UNIFORM MANUFACTURING, INC. -- FOR FURNISHING 1800
UNIFORM SHIRTS -- FOR DEPARTMENT OF FIRE -RESCUE.
RESOLUTION NO. 94-226
A RESOLUTION ACCEPTING THE BID OF UNIFORM
MANUFACTURING, INC. FOR THE FURNISHING OF
EIGHTEEN HUNDRED (1800) UNIFORM SHIRTS FOR THE
DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED
AMOUNT OF $22,568.00, WITH FUNDS THEREFOR
HEREBY ALLOCATED FROM THE FIRE -RESCUE FY '94
ACCOUNT CODE NO. 280601-075; 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.)
2.4. ACCEPT BID: BISCAYNE HAVANA FIRE & SAFETY -- FOR FURNISHING FIRE
HOSES (ON CONTRACT BASIS AS NEEDED) -- FOR DEPARTMENT OF FIRE -
RESCUE -- MAY EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF
FUNDS.
RESOLUTION NO. 94-227
A RESOLUTION ACCEPTING THE BID OF BISCAYNE
HAVANA FIRE & SAFETY FOR THE FURNISHING OF
FIRE HOSES ON A CONTRACT BASIS AS NEEDED FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD
AT A PROPOSED ANNUAL COST OF $6,550.00 FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM THE FIRE -RESCUE FY 1993-94
ACCOUNT CODE NO. 280601-709; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT, 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.)
2.5. ACCEPT BID: ROCHESTER MIDLAND CORP. -- FOR FURNISHING /
INSTALLATION / MAINTENANCE OF DRIP DEODORIZING SYSTEMS FOR
VARIOUS RESTROOM FACILITIES THROUGHOUT THE CITY (ON CONTRACT
BASIS) -- MAY EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
7 April 14, 1994
RESOLUTION NO. 94-228
A RESOLUTION ACCEPTING THE BID OF ROCHESTER
MIDLAND CORP. FOR THE FURNISHING, INSTALLATION
AND MAINTENANCE OF THE DRIP DEODORIZING
SYSTEMS FOR VARIOUS RESTROOM FACILITIES
THROUGHOUT THE CITY 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 $8,130.00; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 421001-340; 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.)
2.6. EXECUTE AGREEMENT WITH STEPHEN V. RENUART, PROVIDING FOR
MAINTENANCE / CARE OF TWO OH-6 HELICOPTERS -- FOR POLICE
DEPARTMENT -- MAY EXTEND AGREEMENT, SUBJECT TO AVAILABILITY
OF FUNDS.
RESOLUTION NO. 94-229
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND STEPHEN V. RENUART,
PROVIDING FOR THE MAINTENANCE AND CARE OF
TWO OH-6 HELICOPTERS, AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $40,000, FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
INDEX CODE 290201-670; FURTHER AUTHORIZING THE
CITY MANAGER TO EXTEND THE AGREEMENT THREE
TIMES, UNDER THE SAME TERMS AND CONDITIONS
SET FORTH THEREIN, WITH THE DURATION OF EACH
EXTENSION TO BE A PERIOD OF ONE YEAR, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
8 April 14, 1994
2.7. EXECUTE INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY
(FOR 5-YEAR TERM) TO PROVIDE FOR: (1) AQUATIC MAINTENANCE FOR
THE BISCAYNE BAY SHORELINE AND SPOIL ISLANDS, THE MIAMI RIVER,
AND CERTAIN CANALS WITHIN THE CITY OF MIAMI; (2) FUNDING OF
CITY'S FAIR SHARE CONTRIBUTION TO COST OF SUCH MAINTENANCE
FROM STORMWATER UTILITY FEES (ESTIMATED YEARLY AMOUNT OF
$79,000); AND (3) RETROACTIVE FUNDING ($3,500) FOR MAINTENANCE
PERFORMED DURING FY 1991-92.
RESOLUTION NO. 94-230
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN METROPOLITAN DADE COUNTY (THE
"COUNTY") AND THE CITY OF MIAMI (THE "CITY"), FOR
A FIVE YEAR TERM WHICH PROVIDES FOR (1) AQUATIC
MAINTENANCE FOR THE BISCAYNE BAY SHORELINE
AND SPOIL ISLANDS, THE MIAMI RIVER, AND CERTAIN
CANALS WITHIN THE CITY OF MIAMI; (2) FUNDING OF
THE CITY'S FAIR SHARE CONTRIBUTION TO THE COST
OF SUCH MAINTENANCE FROM STORMWATER UTILITY
FEES IN AN ESTIMATED YEARLY AMOUNT OF $79,000
AND (3) RETROACTIVE FUNDING NOT TO EXCEED THE
AMOUNT OF $3,500 FOR MAINTENANCE PERFORMED
DURING FISCAL YEAR 1991-1992.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.8. AUTHORIZE CITY'S ACCEPTANCE OF 79 DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES -- APPROVE RECORDING OF SAID DEEDS.
RESOLUTION NO. 94-231
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS
OF THE CITY OF MIAMI TO ACCEPT SEVENTY-NINE (79)
DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND
APPROVING THE RECORDING OF SAID DEEDS IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
9 April 14, 1994
2.9. CLAIM SETTLEMENT: SIXTA NEIPP ($42,500).
RESOLUTION NO. 94-232
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SIXTA NEIPP THE SUM OF
$42,500.00, 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.
92-17940 CA (10), 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.)
2.10. APPROVE SUBLEASE AGREEMENT BETWEEN BETTER WAY AND GREATER
MIAMI SERVICE CORP. -- FOR USE OF PORTION OF BECKHAM HALL (810
N.W. 28 STREET) TO PROVIDE SOCIAL SERVICE PROGRAMS TO LOW AND
MODERATE INCOME YOUNG ADULTS AGE 16 TO 23.
RESOLUTION NO. 94-233
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
SUBLEASE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN BETTER WAY AND
GREATER MIAMI SERVICE CORP. FOR USE OF A
PORTION OF BECKHAM HALL, LOCATED AT 810
NORTHWEST 28 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED
HERETO, FOR THE PURPOSE OF PROVIDING SOCIAL
SERVICE PROGRAMS TO LOW AND MODERATE
INCOME YOUNG ADULTS BETWEEN THE AGES OF 16
TO 23.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.11. EXECUTE AMENDMENT NO. 10 TO AGREEMENT WITH DELOITTE & TOUCHE
(CERTIFIED PUBLIC ACCOUNTANTS), IN ASSOCIATION WITH SHARPTON,
BRUNSON & COMPANY, P.A.; VERDEJA, IRIONDO & GRAVIER; AND WATSON
& COMPANY, P.A. -- FOR A SEPARATE AUDIT REPORT FOR THE HOUSING
CONSERVATION DIVISION.
10 April 14, 1994
RESOLUTION NO. 94-234
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO.
10, IN SUBSTANTIALLY THE ATTACHED FORM, TO AN
AGREEMENT BETWEEN THE CITY OF MIAMI AND
DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON,
BRUNSON & COMPANY, P.A.; VERDEJA, IRIONDO &
GRAVIER; AND WATSON & COMPANY, P.A., FOR A
SEPARATE AUDIT REPORT FOR THE HOUSING
CONSERVATION DIVISION; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $36,100,
FROM THE FISCAL YEAR 1994 OPERATING BUDGET
ACCOUNT NO. 459016-280, PROJECT 799203.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.12. GRANT REQUEST FOR WAIVER OF MIAMI POLICE AND FIRE RESCUE FEES
IN CONNECTION WITH THE SEVENTH ANNUAL AMERICA'S BIRTHDAY
BASH (BAYFRONT PARK, JULY 4, 1994), SUBJECT TO CONDITIONS.
RESOLUTION NO. 94-235
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
WAIVE CITY OF MIAMI POLICE AND FIRE RESCUE FEES
IN THE AMOUNT OF $14,000 FOR THE SEVENTH
ANNUAL AMERICA'S BIRTHDAY BASH, TO BE HELD IN
MILDRED AND CLAUDE PEPPER BAYFRONT PARK ON
JULY 4, 1994, SUBJECT TO SUCH CONDITIONS AND
LIMITATIONS AS MAY BE REQUIRED BY THE CITY OF
MIAMI AND THE BAYFRONT PARK MANAGEMENT
TRUST.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.13. DONATE COLLECTION OF VINTAGE FILM MATERIALS TO THE LOUIS
WOLFSON II MEDIA HISTORY CENTER FOR THEIR PRESERVATION AND
ACCESSIBILITY TO THE GENERAL PUBLIC.
RESOLUTION NO. 94-236
A RESOLUTION OF THE MIAMI CITY COMMISSION
DONATING A COLLECTION OF VINTAGE FILM
MATERIALS TO THE LOUIS WOLFSON II MEDIA
HISTORY CENTER FOR THEIR PRESERVATION AND
ACCESSIBILITY TO THE GENERAL PUBLIC.
11 April 14, 1994
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.14. ACCEPT TRANSFER OF SURPLUS EDUCATIONAL EQUIPMENT FROM DADE
COUNTY PUBLIC SCHOOLS FOR SUBSEQUENT DONATION TO ST. GEORGE'S
COLLEGE (IN KINGSTON, JAMAICA), AT NO COST TO THE CITY.
RESOLUTION NO. 94-237
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A TRANSFER OF SURPLUS EDUCATIONAL
EQUIPMENT FROM DADE COUNTY PUBLIC SCHOOLS
FOR SUBSEQUENT DONATION TO ST. GEC,RGE'S
COLLEGE, KINGSTON, JAMAICA, AT NO COST TO THE
CITY; FURTHER AUTHORIZING THE CITY MANAGER T O'
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT
SAID TRANSFER AND TO EFFECT SAID DONATION.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
2.15. ACCEPT PLAT: COTO SUBDIVISION.
RESOLUTION NO.94-238
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
PLAT ENTITLED COTO 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.)
Mayor Clark: Item 38 on today's agenda, regarding the empowerment zone, will be heard at
2:30 p.m., at which time, Commissioner Burke will make an appearance before this
Commission. Item 23, regarding Vizcatran, will be heard at 5:00 p.m. this afternoon.
Commissioner Plummer: Wait, wait, wait. Thirty-three, Mr. Mayor?
12 April 14, 1994
Mayor Clark: No, 23, sir.
Commissioner Plummer: Twenty-three. Hold on.
Mayor Clark: Vizcatran.
Commissioner Plummer: Oh.
Mayor Clark: At 5:00 p.m.
Commissioner Plummer: After 5:00?
Vice Mayor Dawkins: After 5:00.
Commissioner Plummer: OK.
Mayor Clark: Any other corrections by my colleagues?
--------------------------------------------------------------------------------------------------------------------
3. EXPRESS SYMPATHY AND CONDOLENCES TO SUJAN CHHABRA ON THE
PASSING OF HIS MOTHER.
--------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if it would be appropriate, not as a pocket item or an
emergency, but I think it would be appropriate at this time that this Commission express its
condolences to one of our employees, Mr. Sujan, whose mother passed away, and as the tradition
of this Commission that I think we send our condolences, and do it on the public record to Mr.
Sujan on the passing of his mother. I so move.
Vice Mayor Dawkins: Second.
Mayor Clark: All in favor of the motion, signify by saying "aye." Opposed, like sign.
Mayor Clark: We'll present a resolution and proclamation, Mr. Plummer, and commendation.
Commissioner Plummer: And it's usually, Mr. Mayor, presented in your office, because of the
sensitivity.
Mayor Clark: All right. Fine.
13 April 14, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-239
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF RAMNAKHI
KAUR CHHABRA UPON HER DEATH.
(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.
4. DISCUSS AND DEFER (TO MEETING OF MAY 26TH) CONSIDERATION OF: (1)
EVALUATION OF THE CITY MANAGER; (2) PROPOSED RESOLUTION TO
ELECT / REAPPOINT THE CITY ATTORNEY; AND (3) PROPOSED RESOLUTION
TO ELECT / REAPPOINT THE CITY CLERK -- DIRECT SAID OFFICIALS TO
PRESENT THEIR OBJECTIVES / GOALS.
Mayor Clark: Item number 1.
Commissioner Plummer: Item 1 was the consent, wasn't it?
Vice Mayor Dawkins: Three.
Mayor Clark: Three, we start on 3. Item number 3. Mr. De Yurre, you are recognized.
Commissioner De Yurre: Yes, sir, Mr. Mayor. We have today the issues of the evaluation and
reports on the recommendations on the performance of the City Manager, the City Attorney, and
the City Clerk. And one of the things - and particularly, when it comes to... where we have two
new members of this Commission that have only been here for about five months - one of the
things that I've been looking forward to is the report on the transition team, which you, Mr.
Mayor, appointed and created. And I've seen the preliminary reports, some of which I agree
with, some of which I don't agree with. But I feel that I would like to have in hand the complete
recommendation from the transition team. I think that, to a great degree, if we act today, it
would send the wrong signal to these individuals. I think it would be a slap in the face, that
they've been working for months, volunteering to help the City do the best job possible, and that
they not be given at least the courtesy of us reviewing their final work, and getting input from
14 April 14, 1994
the City Manager and the City Attorney on the recommendations that are being made. And
because of that, I would like to defer these items until such time as we do get those reports, and
have the City Manager, and the City Attorney, and the City Clerk have the opportunity to
analyze them and respond to them, and I would so move.
Mayor Clark: All right.
Vice Mayor Dawkins: Second.
Commissioner Plummer: I have a question.
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: Go ahead, Willy.
Commissioner Gort: One of the things I'd like to see in this also, it's very difficult, especially
for either of the new members of the Commission, is, I've been reading the report also, and I
look at this as an audit, which in an audit, you give an opportunity to the individual, you present
the audit, you present it to staff, and then given them the opportunity to answer. At the same
time, I don't have anything to evaluate the - especially the Law Department. I'm not an expert in
that, and I need somebody else's opinion, also, because when you read reports, I mean, the
creative writing is very good in all kinds of reports, so I'd like to get another opinion, also. What
I'd like to do is have the... when they come back to us, not only answer to the recommendation
by the committee, but also, I'd like to see a specific plan, what would I like to do, because so
many things I read. For example, the Law Department, I understand that they are short-staffed,
they don't have the equipment, they recommend... I'd like each one of them to come back and
say, "This is how we respond to this, this is the plan that we would like to do, and this is how I
would like to implement it, and this is what I will accomplish"; something that we can measure
by, by accomplishment.
Commissioner De Yurre: And it's a time, also, Mr. Mayor, for the City Manager and the City
Attorney to come back to us and say, "Listen, I need this to do a better job," in response. The
transition team, I think it's very well-intentioned. We have a lot of intelligent, professional
people there that are analyzing it, but they analyze it from the private sector, from the outside,
and we need to have a response from the Administration, on particularly each item, as they go
down the line, as to what their feelings are on these issues and their comments, so that we can do
a better job.
Commissioner Plummer: I only have one question for my favorable vote. I don't think we can
let this go on forever.
Mayor Clark: I don't think that was intended, Mr. Plummer.
Commissioner Plummer: Now, if there's a date certain, then I will vote favorably.
Mayor Clark: What's the second meeting in May? What date is that, Madam Clerk?
Ms. Matty Hirai (City Clerk): April the 28th.
Commissioner Plummer: Mr. Mayor, whenever that date is set, as long as there's a date certain.
Mayor Clark: What is the date?
Ms. Hirai: The second meeting in April, the 28th.
15 April 14, 1994
Commissioner Plummer: May.
Commissioner De Yurre: May.
Ms. Hirai: Oh, the second and fourth Thursdays of each month.
Commissioner Plummer: We don't have a calendar.
Mayor Clark: He wants a date.
Ms. Hirai: All right. May the 12th will be the first meeting, and 26th would be the second
meeting in May.
Commissioner Plummer: Is that fair enough?
Commissioner Plummer: That's fine with me, Mr. Mayor, but I think that we owe it to this
transition team to tell them that we expect them to have their work completed prior to that time,
so that we have the opportunity to go through that material, because, Mr. Mayor, I stayed up till
2:00 o'clock this morning, reading material to be prepared here this morning. I have no
objection to the deferment, as long as there's a time certain.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir, Mr. Dawkins.
Vice Mayor Dawkins: It's rewarding and refreshing to hear Commissioner Gort voice the same
sentiments I've been voicing ever since I've been here. It's impossible to evaluate anybody if
you do not have some MBOs (Managaement by Objectives) by which to do it by. What were the
goals you set out? How did you accomplish them? And how many of them you accomplished.
But we don't have any MBOs by which to evaluate. And I'm so happy that J.L. Plummer stayed
up till 2:00 o'clock to read that, because I'm not going to read it. I can sit down and write
anything I want to write about me to make you think I'm the best thing since high button shoes.
OK? So therefore...
Commissioner Plummer: Am I in danger?
Mayor Clark: Please, please.
Vice Mayor Dawkins: ... I'm sure that the next time we do this, we should have the Manager,
the City Attorney and the Clerk provide us with the goals and the objectives that they intend to
achieve during the next year, and when that year is up, I can look at this and say, "Yes, you did
this good or you didn't do it bad."
Mayor Clark: All right. Everyone is supposed...
Commissioner Plummer: Mr. Mayor, the only question I have is, am I in danger that my blue
brother is going to assume another blue brother, Mr. Dawkins?
Vice Mayor Dawkins: Only when the voters decide they no longer want you, I don't want you.
Mayor Clark: Next case. All right, let's go on. There's a motion and a second on the floor.
Commissioner Plummer: That is to 3, 4, and 5, am I correct?
16 April 14, 1994
Mayor Clark: Yes, 3, 4, and 5, until May the 24th, (sic) and that's the final date.
Commissioner De Yurre: And, Mr. Mayor, then hopefully, we can have the report by the end of
the month in final form, to give the Administration a chance to respond.
Mayor Clark: We'll have that by the first of the month, I understand.
Ms. Hirai: May the 26th.
Mayor Clark: May the what?
Ms. Hirai: The 26th, Mr. Mayor.
Mayor Clark: The 26th. You got that, J.L.?
Commissioner Plummer: Yes, sir.
Mayor Clark: May the 26th.
Commissioner Plummer: Can we set a deadline, Mr. Mayor? I think we should, if I may, that,
let's say the 16th that the transition team will be completed by...
Mayor Clark: Oh, yes.
Commissioner Plummer: ... so we'll have their material at least ten days in...
Mayor Clark: I'm sure it will be back at that time, but that's a good deadline.
Vice Mayor Dawkins: Mr. Mayor, this is sounding as if it's going to be something long and
tedious. We may have to have this on a Saturday, where we can spend the whole day on this,
because, I mean, what I'm hearing, it's going to be impossible to do this, I mean, and take the
time away from the rest of the agenda, and have people sitting out in the audience while we do
this. Now, if it's going to be...
Mayor Clark: If you want it, Mr. Dawkins, if you want a special day, we'll appoint a special
day.
Vice Mayor Dawkins: Well, that's up to you, Mr. Mayor.
Mayor Clark: When is the 24th? The next day is the 25th?
Vice Mayor Dawkins: I mean, let's...
Mayor Clark: I understand, I understand.
Ms. Hirai: Saturday would be the 28th, Mr. Mayor.
Mayor Clark: Ma'am?
Ms. Hirai: Saturday would be May the 28th.
Mayor Clark: What is Friday...
17 April 14, 1994
Ms. Hirai: Because the 26th is a Thursday. Next day would be the 27th, Friday.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: That date of May the 26th is a zoning date, and if we don't have that
many, why don't we just, right now, reserve the entire morning for this item, and then in the
afternoon, starting the zoning.
Mayor Clark: That's fair enough. That's good enough.
Commissioner Plummer: No Saturdays, uh-uh.
Mayor Clark: All right.
Commissioner Plummer: I don't get overtime.
Commissioner Gort: Mr. Mayor, also, I think what we're saying is we want to make sure the
staff gets a chance to see and respondto it also.
Mayor Clark: Absolutely. The deadline for the transition team to make their final report is on
the 16th of May. The date that we will consider all that and the members that it... The Clerk, the
Manager, and the City Attorney will have an opportunity to respond is ten days after that, on the
26th of May, in the morning. nine o'clock in the morning, we'll start. That's a single on that
date, up until zoning.
Commissioner Plummer: That's fine.
Mayor Clark: Motion and a second. Call the roll, Madam Clerk.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 94-240
A MOTION TO DEFER CONSIDERATION OF REGULAR AGENDA ITEMS 3,
4 AND [AG.3-EVALUATION OF THE CITY MANAGER]; [AG. 4-ELECTING
AND REAPPOINTING THE CITY ATTORNEY'; AND [AG. 5-ELECTING AND
REAPPOINTING THE CITY CLERK] UNTIL SUCH TIME AS THE FINAL
REPORT IS GIVEN TO THE COMMISSION BY THE MAYOR'S TRANSITION
TEAM; FURTHER GIVING THE AFOREMENTIONED APPOINTED
OFFICIALS AN OPPORTUNITY TO RESPOND TO RECOMMENDATIONS
CONTAINED IN SAID REPORT INCLUDING A CHANCE TO PRESENT A
PLAN (WHICH MAY INCLUDE PERTINENT MANAGEMENT BY
OBJECTIVES, GOALS, ETC.) BY WHICH THEIR PERFORMANCE SHALL BE
MEASURED WITHIN THE NEXT YEAR; FURTHER SETTING THE DATE OF
MAY 16TH AS THE DEADLINE FOR SUBMITTAL OF SAID TRANSITION
TEAMS' FINAL REPORT; FURTHER SETTING ASIDE THE MORNING
SEGMENT OF THE CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR MAY 26TH AS THE TIME RESERVED FOR THE
COMMISSIONS' CONSIDERATION OF THE ABOVE -CITED EVALUATIONS.
18 April 14, 1994
by the Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted
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.
-------------------------------------------------------------------------------------------------------------------
5. RESCHEDULE REGULAR CITY COMMISSION MEETING PRESENTLY SET FOR
MAY 12TH TO NOW BE HELD ON MAY 5, 1994.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now we're on item number 7.
Commissioner Plummer: No, we can't till 10:00 o'clock.
Vice Mayor Dawkins: Six.
Commissioner Plummer: Can't do anything until 10:00 o'clock.
Vice Mayor Dawkins: We'll do the pocket items.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: We'll do the pocket items.
Commissioner De Yurre: Mr. Mayor, the meeting of May 12th, I won't be in town. I'd like to
change it, if I may, and move it up to May 5th.
Commissioner Plummer: What is that?
Commissioner De Yurre: The first meeting in May.
Commissioner Plummer: Is that a Thursday?
Commissioner De Yurre: Yeah. Well, if the 12th is a Thursday...
Commissioner Plummer: Well, wait. I'll second the motion, predicated on no Commissioner
having an objection by this afternoon.
Vice Mayor Dawkins: Well, I'm going to start objecting, because the Charter says every second
and fourth Thursday. Now, I don't mind you having a change now and then, but Victor De
Yurre has to have his clients schedule their cases on the days when it's not Commission day. I
know he has to earn a living, because he can't live on $5,000 a year. But he has to have his
clients understand that...
19 April 14, 1994
Commissioner Plummer: Are you going to tell me I got to have my clients schedule their
appointments?
Vice Mayor Dawkins: OK. I withdraw my objection.
Mayor Clark: All right.
Commissioner Plummer: See you at 10:00 o'clock.
Mayor Clark: Motion, second. The meeting of May the 12th...
Vice Mayor Dawkins: To May 5th.
Mayor Clark: ... to May the 5th.
Ms. Hirai: May the 12th.
Mayor Clark: May the 12th, that's a good day, because that's the day the Lord...
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-241
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN MAY TO TAKE PLACE ON MAY 5, 1994
COMMENCING AT 9:00 A.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.
20 April 14, 1994
-----------------------------------------------------'--'---------'---------------------------------------------------
6. (A) DISCUSSION CONCERNING PROPOSED REFERENDUM ON RESIDENCY
REQUIREMENT FOR CITY EMPLOYMENT -- RECONSIDER VOTE
PREVIOUSLY TAKEN ON ADOPTION OF R-94-212 CALLING FOR A
SPECIAL MUNICIPAL ELECTION WHICH WAS TO BE HELD ON
SEPTEMBER 8, 1994 CONCERNING CITY RESIDENCY REQUIREMENT
FOR FUTURE CITY EMPLOYEES.
(B) RESCIND R 94-212 -- DIRECT CITY ATTORNEY TO BRING BACK A
SIMILAR RESOLUTION PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION FOR THE SAME PURPOSE BUT INCORPORATING A WAIVER
CLAUSE WHICH COULD BE EXERCISED BY MEMBERS OF THE CITY
COMMISSION BY A 4/5THS VOTE IN INSTANCES WHERE IT MAY NOT
BE POSSIBLE TO FIND WHAT THE CITY MAY NEED AMONG CITY
RESIDENTS.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The Manager is saying we can do item 8.
Mayor Clark: Sir?
Mr. Cesar Odio (City Manager): We can start with 8, if you want to.
Mayor CIark: Start with what item?
Commissioner Plummer: Eight.
Mr.Odio: Eight.
Commissioner Plummer: Shorty's here. I haven't seen Orlando.
Mayor Clark: All right. On item number 8, Mr. Bryson.
Mr. Shorty Bryson: Shorty Bryson, president, Miami Firefighters, 2980 Northwest South River
Drive. I'll tell you, last meeting, a pocket item was brought up. The employees feel that we
should add some input on that subject. We feel that it wasn't enough of an emergency to not
let - put it on the agenda and give us an opportunity to have input. So we'd like to have some
input today and see if we can get it reconsidered.
Vice Mayor Dawkins: OK. Mr. Mayor, may I?
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: You know, this is nothing new. I've been here 13 years, and for 13 years,
the Fire labor representatives, the Police labor representatives and everyone else has heard me
say to the Manager, "as you negotiate - 13 years Get it fixed where every employee must live in
the City of Miami." So it is not something, Mr. Mayor, that I brought up Thursday and nobody
knew about. But Mr. Bryson is correct, it was not noted. And let me tell you, Mr. Bryson, why I
had to do what I did. The meeting of February 17th, let me read from the minutes, sir.
"Vice Mayor Dawkins: Mr. City Attorney, what is the procedure for placing on
the ballot a referendum asking the City of Miami residents, 'If you are satisfied
with your tax dollars paying a work force that does not live in the City of Miami,
does not contribute to the tax base of the City of Miami, and your money that you
21 April 14, 1994
work for and earn, you pay a work force that does not live here.' Is it legal to put
such a referendum on the ballot for the citizens to vote on?"
Answer, "City Attorney: Well, there is no legal impediment to it. Certainly, if it
is the will of the Commission to submit such a question through initiative to the
electorate, it can be done.
"Vice Mayor Dawkins: Well, OK. Prepare for me for the next Commission
meeting, whatever you have to prepare to get it on the agenda, to say that we are
going to put the bond issue on the agenda, and circulate it with the next agenda so
that my colleagues can study it and see if they want to vote for it or not, because I
think the citizens of the City of Miami should be able to vote. If they are satisfied
with the work force telling them they don't want to live in the City, it's not safe to
live in the City that we live, but it's safe enough to work, 'I'll work in the City,
but I won't live in the City,' I think the citizens should have that say.
Mr. Bryson, I asked that this be done. The City Attorney, for some reason, and the Manager, or
whoever made the agenda failed to adhere to this and place it on the agenda. Therefore, Mr.
Bryson, I was forced to bring it on as a pocket item, because I was determined to get it on the
agenda. So I apologize to you and to the firemen for not alerting you, but you have to blame the
Manager and the City Attorney for not following through on that that was asked for. So I
apologize, but that's why it was done.
Mr. Bryson: Oh, OK. Thank you, and apology accepted. I'm not looking to blame anybody,
but what I am here to say is that these issues, for the past 13 years, have now been addressed.
The three contracts that are settled and done all have residency requirements in them. Every new
employee, as of the date of ratification of those agreements, must reside in the City for their
career. This Commission told the Manager, "Don't bring me back a collective bargaining
agreement without residency in it." He has not done that since he was ordered to do that. And
we feel that when we sit down at the table and the Commission dictates something to us and
says, "This is what we want," and we make it happen, that it's not really good faith to turn
around, and then go out and make an amendment to the City Code. We agree that there's also
some issues that probably weren't considered. Commissioner Gort brought up the fact of other
City residents that work for other municipalities that don't have residency requirements, and
what happens if Coral Gables sets a residency requirement? Sixty-eight percent of their labor
force are City of Miami residents; Miami Beach, 15 percent; Miami Springs, 10; North Miami,
seven; North Miami Beach, nine percent; South Miami, seven. None of these municipalities
have residency requirements. What could do is cause people to move out of the City or give up
their jobs. Secondly, it's a technical issue. We feel that our contract dictates what happens.
We've sat down and collectively bargained over it. We feel that it would be an unfair labor
practice to change those contracts midstream. And my attorney is here to discuss that, if
anybody wants to. More important than that is our relationship. The employees, and the
Commission, and the Manager have done a good job in saving millions of dollars for this City in
becoming more efficient. You were hired - I mean, you were elected to govern, to follow the
will of the people, and you've done that. We think it's redundant and also very inflexible to go
back out to the voters and do something that if, in the future, needs to be modified, you can't do
that. So we would ask you to reconsider it. If you want to discuss the ULP (unfair labor
practice) items, my attorney is here. I don't think we need to get into that, but I would ask that it
be reconsidered by this Commission.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I will not vote to reconsider, and I am prepared, if nobody but me, to go
to PERC (Public Employees Relations Commission) because that is where you arbitrate, and
when you feel you have been wronged, that's where you should go. And I'm prepared to go
22 April 14, 1994
with the attorney or anybody else. I do not feel that this is an unfair labor practice. I've been in
labor for 44 years. I understand the labor movement. I understand labor negotiations, and I also
am prepared to go. Now, the union is supposed to do that which is in the benefit of the worker.
As an elected official, we're supposed to do that which is beneficial to the City of Miami. Now,
if the union has no concerns about the residency, why are they fighting not to put it to the voters?
Let me explain to you as a labor man what I see. Now, if I'm in error, then I'm in error, and I
stand corrected. As long as the union can negotiate, and they have this carrot to hold over your
head, you're at a disadvantage. But if the voters say you must live in the City of Miami, then
you cannot come around, as the firefighters did in their contract, and say, "We have residency,"
see. And you have to be in labor to understand what happened. We have a residency, we're
going to move into the City, but the chief of police and the fire police have a right to say whether
you can come back or not. That's a ploy, in my opinion, to get around the residency law, see?
But again, I would say to the lawyer and to all of the labor forces, if you have no problems with
this, as you say, and you think it's right, because you put it in your contract, then let it go to the
voters. But if you are afraid that you're going to want to change it later and you can't because
the voters vote on it, then fight against it going.
Mr. Bryson: All right. If I may, just one correction.
Vice Mayor Dawkins: Yes, sir.
Mr. Bryson: Commissioner Dawkins.
Vice Mayor Dawkins: Yes, sir.
Mr. Bryson: The fire chief can rehire firefighters, and the police chief can rehire police officers,
but under our residency article, they must live in the City if they're rehired after the ratification
date of that contract. They must maintain residency also. There's no waiving of residency for
any rehires. That saves the City money to rehire. They don't train them again, they get
qualified, certified firefighters, saves about 25 to 40 grand.
Mayor Clark: All right. Comments from the rest of the Commission.
Commissioner Plummer: Mr. Mayor,
Mayor Clark: Yes, sir.
Commissioner Plummer: Let's lay some stuff on the table, so I make sure. I've listened to my
colleague, and I've listened to the union. So let me make sure where I understand. Mr.
Manager, I will ask you to give me the answers. Number one, I am told that the present
negotiated contract with police, fire and general employees is actually more restrictive than that
which was proposed for the referendum. Is that a true statement?
Mr. Odio: Because of the... giving you the right to waive the residency, what they have in the
contract is more restrictive.
Commissioner Plummer: So the unions in their contract do not even have a provision for
waiving the restriction.
Mr. Odio: No, sir.
Commissioner Plummer: All right, sir. I am also understanding that the only one who is not
completed with their contract, yet it is being talked about, is sanitation.
23 April 14, 1994
Mr. Odio: Yes, sir.
Mr. Odio: OK. My concern has to be at this point, if you reached a point with negotiations of
hiring employees, and you came before this Commission, does this Commission have the right,
unilaterally, to say, "Mr. Manager, you can go out of the City"?
Mr. Odio: No, sir. Not under...
Commissioner Plummer: See, that's where I have a problem. You're taking away the right,
what I think is the responsibility of this Commission to do what is best for this community. I
have no problem making a motion for reconsideration, predicated on the following. Number
one, that the Sanitation Union must be in concurrence, as the other three unions presently exist
on residency requirement. Should, at the end of this time, and this is, that's my predicating the
reconsideration - should, at any time, this matter not be resolved in a union negotiated contract,
which I seriously, and I said this to Mr. Bryson, I don't know that that's necessarily a negotiated
item, I really don't. But we disagree on that, and that's not the point at this particular time.
Then I would definitely want to go to the referendum. I am required, as a Commissioner to live
in this City, and I don't see why others who want to be a part of this community should not live
in this community. So as far as I'm concerned, Mr. Mayor, at this time, I'll wait for anybody
else to make a comment, and then I'm ready to make a motion on reconsideration.
Mayor Clark: Are there other comments? Mr. De Yurre.
Commissioner De Yurre: My concern, Mr. Mayor, is one wherein I feel that philosophically,
yes, that we should live within the same community that we work. My only concern is with
respect to having people to fill the jobs that need to be filled. You know, how do you deal with
that? And my concern is that if we go to a referendum, and it's cast in stone that you have to
live in the City, then we have no latitude at all on some particular matters, wherein we may be in
a position that we need to bring somebody from the outside that does not live in the City, and
that is basically my main concern in this whole thrust that we're discussing here.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, let me tell you about the problem that I looked at, and when
this issue first came up, being new here, I asked staff to give me some information about the
whole thing. And, also, I asked if I could get information where people that live in the City of
Miami, where they work in other municipalities. My biggest... I don't have any problem with
the voters taking a vote on it and doing it and so on, because we have the waiver where we can
waive it, and the biggest problem, I understand we have is trying to get people qualified within
certain areas, and certain special licenses, which is that my problem is we begin a precedent
where if other cities were to follow it, what's going to happen to people that want to work, that
have the opportunity to work in other cities and other municipalities that live in the City of
Miami? We're telling those people, "You can't work in another place." That's the only thing
that I have a problem with. We're beginning to start a precedent where we're telling these
people, "If you live in the City of Miami, you're not going to be able to work in any other
municipality. You have to work within the City of Miami."
Vice Mayor Dawkins: May I respond to that? Then I'll be finished.
Mayor Clark: Well, I don't think any response... He's just making a statement, but if you have
something else, OK, fine.
Vice Mayor Dawkins: OK, I would like to make a statement.
24 April 14, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: Bear in mind that nothing is on the ballot, and any reservations that J.L.
Plummer or anybody else has could be placed in the ballot, such as if the citizens so desire, that
all people who work for the City should live in the City of Miami, but in the event that a
neurosurgeon is needed to work in the City of Miami, and you can't find one, then the City
Commission has the right to go outside and get one. That's not a problem. Now, to respond to
the statement that what happens if all other municipalities demand that everybody who works for
them live in their City, then that means I got one large labor pool to draw from of City residents
who live in the City who need employment.
Mayor Clark: All right. No further comment...
Commissioner Plummer: Well, just for clarification of the record, Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: The proposal, as it stood, was for new hirees only. It was not for all
City employees or present employees. Mr. City Attorney, I have only one further question. My
concern, as I expressed, about sanitation being agreeable to that. Now, the time frame...
Because I will tell you very candidly, if they do not agree to it, I will then go with the motion of
Commissioner Dawkins, because then, it's not a parity. How do I quash a motion after I'm
assuming reconsideration would pass - that says that if sanitation does not come into concurrence
with the other unions, that it goes to the ballot? How do I... Is there a way that that can be done
in the time frame, and how do you do it?
A. Quinn Jones, III, Esq. (City Attorney): Well, first of all, it would depend on when the SEA
(Sanitation Employees Association) contract is going... the negotiations are going to be
concluded and ratified. I don't have the timetable before me for submission of the referendum to
the Clerk, transmittal. I can find that and bring it back to you. But I would say to you, I think if
it's within the next 30 days, I think we'd be, you'd be well within the time parameters for
submission of a referendum to be put on the ballot.
Commissioner Plummer: So what are you saying then? The best thing for me to do this
morning is to reconsider and to defer, to do nothing? Well, what...
Mr. Jones: OK. I'm just informed, OK, we have until July 14th to transmit this to the County to
be placed on the ballot.
Commissioner Plummer: Oh, hell, we got plenty of time.
Mr. Jones: OK?
Commissioner Plummer: All right. I'll make a motion at this time, just to get it where we are.
I'll make a motion for reconsideration of the issue at this time.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second.
Mayor Clark: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
25 April 14, 1994
MOTION NO. 94-242
A MOTION TO RECONSIDER VOTE TAKEN ON ADOPTION OF R 94-212
(CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION ON
SEPTEMBER 8, 1994, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED ELECTORS OF THE CITY OF MIAMI A QUESTION
CONCERNING PROPOSED RESIDENCY REQUIREMENT OF ALL FUTURE
CITY OF MIAMI EMPLOYEES.
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
ABSENT: None.
Commissioner Plummer: I will now make a motion at this time that this matter be brought back
up at the conclusion of the sanitation final negotiations, and I think it's pretty clear on the record
where I stand. That's in the form of a motion, Mr. Mayor.
Commissioner Gort: Second.
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Under discussion.
Vice Mayor Dawkins: I think it's unfair to the labor organizations who have put residency in
their contract to hold them hostage on whatever the Sanitation Employees Union does. I think
that whatever the sanitation employees do, that should be done with them and them alone. I'm
opposed to having the other three organizations held hostage while we... while you try to get the
sanitation employees to make up their minds. I would be very against that.
Mayor Clark: Excuse me, Mr. Dawkins. Mr. Dawkins, I disagree with you. All people, in my
eyes, are equal.
Commissioner Plummer: That's it.
Mayor Clark: And they should be treated equal with everyone else, and not be set aside.
There's no set -aside in this situation. They should be treated equal with all the other unions, and
that's a personal opinion.
Vice Mayor Dawkins: We're saying the same thing, Mr. Mayor. All I'm saying is if they...
What I'm hearing is, if they decide not to participate, then you're going to put it out to
referendum. And I'm saying that if you're going to be in favor of not putting it out to
referendum, then tell these gentlemen who are here with the three unions who have it in their
contract that we will not put it out to referendum. We don't care what the other union does, we
cannot treat them differently.
26 April 14, 1994
Mayor Clark: Well, at the present time, because of reconsideration, there's nothing on the
agenda for the ballot at all. Right, Mr. Attorney?
Mr. Jones: Yeah. What you need to do, since you...
Mayor Clark: It's been withdrawn.
Mr. Jones: ... voted to reconsider is to rescind the previous resolution that's been passed by the
Commission.
Mayor Clark: Is there a motion on that item?
Commissioner Plummer: Oh, yes, sir.
Mayor Clark: Is there a second? This is a personal appearance, but go ahead, Wellington.
Mr. Wellington Rolle: Mr. Mayor, members of the Commission, my name is Wellington Rolle...
Commissioner Plummer: Excuse me, Wellington. Wait, wait, excuse me. Mr. Mayor, there's a
motion on the floor to rescind.
Mayor Clark: Yeah. Go ahead, let's move on this motion first, Wellington. Call the roll.
Ms. Matty Hirai (City Clerk): Yes, rescinding prior...
Mayor Clark: To rescind the action we took, yes, ma'am.
Ms. Hirai: Yes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-243
A RESOLUTION RESCINDING RESOLUTION NO. 94-212, ADOPTED MARCH
24, 1994, IN ITS ENTIRETY, WHEREBY THE CITY COMMISSION CALLED
AND PROVIDED FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
THE 8TH DAY OF SEPTEMBER, 1994, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED ELECTIONS OF THE CITY OF MIAMI, FLORIDA, FOR
THEIR APPROVAL OR DISAPPROVAL, A PROPOSED BINDING QUESTION,
WHICH WOULD HAVE AMENDED SECTION 40-77 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO REQUIRE THAT ALL
FUTURE CITY OF MIAMI EMPLOYEES BE CITY RESIDENTS AS A TERM
AND CONDITION OF HIS/HER EMPLOYMENT WITH THE CITY AND
ESTABLISHING PROVISIONS FOR THE WAIVER OF SAID
REQUIREMENTS.
27 April 14, 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.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
ABSENT: None.
Commissioner Plummer: Thank you.
Mayor Clark: Now, there's nothing to discuss.
Mr. Rolle: I'd just like to make a comment, Mr. Mayor. My name is Wellington Rolle. I live in
the City of Miami. On March the 31st, I read about this particular item in the Miami Today, and
what strikes me as very strange here is that - and you mentioned a moment ago, you know, about
a set -aside. - well, all of this becomes a big set -aside for the entire City of Miami, the residents
of the City of Miami. And for the comments, for those who made those comments relative to
what happens in the other cities if a requirement is instituted as a matter of policy in the City of
Miami, the people who are on the City's payroll need to live in the City of Miami. I don't think
that's anything unusual. I think as you reflect back to part of the Charter in 1927 and 1945,
1957, and up until 1963, the Charter clearly specified residential areas for black people in
business, for black people, where they live; for whites, where they live, where they were in
business. And when we talk today about a requirement that appears to be, from what I have
heard, that is a part of the negotiation with the union, I find it extremely, extremely something to
be concerned about to say that you're inferring that other unions need to lock step and track in
that direction when you come to the table for negotiation. And I'm saying, Mr. Mayor, that I
don't know that that's in keeping with what the labor movement is all about, what independent
union is all about, or any of that.
28 April 14, 1994
Mayor Clark: All right.
Mr. Rolle: So the one final thing I would share with the Commission, Mr. Mayor,
Commissioners, the initiative in your referendum is reserved to the people in these United States,
all the way down to the City of Miami, and I think you need to keep that in mind. Thank you
very much.
Mayor Clark: Don't forget, Mr. Rolle, at one time, the Mayor of the City of Miami lived on Key
Biscayne, and he was the Mayor of the City of Miami for some time.
Mr. Rolle: Well, that was... and I think that you ought to read from the record, also, Mr. Mayor,
that he was refurbishing his permanent residence at the time, and the question came up as to
whether or not he was permitted to do it.
Mayor Clark: But he did.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I'd like to make a statement. Being the new guy in here and so on, I
inherited a lot of the things, when we walked in here, both you and I, we inherited a lot of the
things that... And I understand what Mr. Rolle is saying about the '40s and so on, but a lot of it
changed quite a bit. Since, every time since I've come in here... And by the way, I want you to
know, I was not supported by the unions, so I don't have anything to do for the union vote.
When I came in here and I started reading the documents, and I started going through the
budgets, my understanding, because of the management and union relationship that exists in
here, the City of Miami has been able to save a lot of money and there's a lot of good
relationships being created. We try to do some of the new things in here, and implement a better
service and so in within the City of Miami, and you need the unions to work with you. That's
the only reason why I think we should do this, and sit down and talk to them to see what we can
do. And like J.L. says, if we cannot come to an agreement, we can always take it to the voters.
At the same time, I feel that voters elected us to make the decisions. If we, every time we want
to make a decision, we want to take it to the voters, then let's not have the Commission. Let's
run it by the citizens. That's the way I feel about it.
Mayor Clark: No sense to be here, no sense to be here.
Mr. Rolle: I'm not suggesting that at all, and I don't want to have a discussion back and forth,
Mr. Mayor, but I'm not suggesting that you who sit here to make policy are not able to do so.
That's not what I... That's not my contention at all. The thought is that when you come to this
kind of a decision in a City that has a taxing capacity somewhere in the neighborhood of
$10,000,000, total that's reported to the County, and your revenue and expenditures for personal
services numbering comes up around 24, $24,000,000, I think it tells a story in terms of what
could happen here in the City of Miami, what benefits might accrue to the City of Miami if other
people were sitting here.
Mayor Clark: OK. Thank you, Wellington, thank you. We've got a long agenda. Thank you,
sir.
29 April 14, 1994
---------------------------------------------------------------------------------------------------------------- --
7. RENEW ALLAPATTAH COMMUNITY ACTION, INC.'S REVOCABLE PERMIT
(WITHOUT A TIME FRAME) -- DIRECT CITY MANAGER TO GIVE THE
ALLAPATTAH COMMUNITY ACTION, INC. GROUP THE LAND BETWEEN THE
ELDERLY CENTER AND THE DAY CARE FACILITY, AS REQUESTED BY
THEM.
Mayor Clark: We're not up to... Item number... What's on?
Commissioner Plummer: Nine.
Mayor Clark: Nine. We're not to 10:00 o'clock yet. Mr. Urra?
Mr. Orlando Urra: Yes.
Mayor Clark: Through this letter I would request the appearance... All right, sir. Proceed, Mr.
Urra.
Mr. Urra: Thank you, sir. My name is Orlando Urra. My address is 1819 Northwest 22nd
Place, in Allapattah, Miami, Florida. Mayor and Commissioners, may I speak in Spanish? Ms.
Ada Fermin will introduce for me in English.
Commissioner Plummer: Proceed.
Mr. Urra: Thank you.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN
TRANSCRIPT, ARE STATEMENTS IN SPANISH.
FOLLOWING EACH AND EVERY STATEMENT, PLEASE
FIND THE CORRESPONDING TRANSLATION INTO
ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
MS. ADA FERMIN.]
Mr. Urra: NOSOTROS DEBEMOS ESTAR HOY AQUI PARA HACER LA PETICION A
USTEDES DE UNA TIERRA QUE ESTA ENTRE, LA DEL ELDERLY FACILITY DE
NUESTROS... DE ALLAPATTAH, Y EL DAY CARE CENTER, PRECISAMENTE PARA...
Mayor Clark: Orlando, just a moment.
Commissioner Plummer: "Esperate..." Mr. Mayor, I've asked the Manager, he is in concurrence
with this, what is being requested, and I so move.
Commissioner Gort: Excuse me. Mr. Mayor, before you move, I understand, but I'd like to hear
the version here in English so that everybody understands what just happened.
Commissioner Plummer: Oh, all right, I'll hold up.
30 April 14, 1994
Ms. Ada Fermin (translation): Yes. We're here before you today to request a parcel of land that
is between our elderly facility and our daycare center.
Mayor Clark: To the north side.
Ms. Fermin: Correct.
Commissioner Plummer: Yeah.
Mayor Clark: It's a parking lot now.
Ms. Fermin: Yes. It's between... The address is 1836 Northwest 22nd Place, and 2257
Northwest North River Drive.
Mayor Clark: It's an unpaved lot.
Ms. Fermin: Correct.
Mayor Clark: OIL.
Commissioner Gort: Mr. Mayor, I second the motion.
Mayor Clark: Yes. I think it's an excellent idea.
Commissioner Gort: I'd say that what this association has done in Allapattah, it has done a great
job in there and I think...
Mayor Clark: Let me tell you what they want to do, ladies and gentlemen. We all catch the grim
reaper from time to time. J.L. knows about that. This is a senior daycare center addition. In
other words, seniors that cannot take care of themselves during the day will have a daycare
center at this center. I think it's the most beautiful thing that could ever happen, absolutely. It's
greatest thing that could ever happen to this. I'm in those senior age years myself, and if I were
unable to take care of my self, it would be beautiful to have a place like this to go to have good
care all day long. It's like a young daycare center, it's a senior daycare center. Basically, that's
what it is, right?
Mr. Urra: Yeah.
Mayor Clark: Call the roll.
Commissioner Plummer: Let the record reflect that the Mayor is not in a conflict of interest.
Mayor Clark: Not an applicant, either, yet.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Commissioner Plummer: Hold on, the City Attorney has a comment.
Mr. Jones: Are you giving them a revocable permit for ten years, or just giving them a revocable
permit, period?
Mayor Clark: That's what they're asking for, yeah. What they're asking for, right?
Mr. Jones: No, what they're asking for is for ten years, and I would caution you that, and we've
had discussions about the use of revocable permits before, because when you attach a time
31 April 14, 1994
period to it, it suggests that you're giving them some sort of property interest in there, which
would be tantamount to a lease.
Mayor Clark: Well, you know what they want to use it for, so how can you word it?
Mr. Jones: Well, what I would suggest is that if you're going to give them a revocable permit
that it be reviewed annually or whatever as to renewal.
Commissioner Plummer: Reviewed, yes, but if they went out to get construction money, they
wouldn't be able to do it, unless, if you didn't have some kind of term, I don't think they're
going to be able to get the money.
Mayor Clark: Yes, ma'am.
Ms. Fermin: Excuse me. I think we're confusing here the two issues. The revocable permit is
for the existing elderly center, which, at the beginning, we did have a ten-year revocable permit,
but about two years ago, it expired, so we've been going on an ongoing year-to-year basis.
Commissioner Plummer: Oh, that's the one that's already built.
Ms. Fermin: Right.
Commissioner Plummer: OK. That's no problem.
Ms. Fermin: What Mr. Urra is here today for is he wants to request the parcel of land that is not
built so we can build an adult daycare center for those individuals that cannot be left at home
alone.
Mayor Clark: They're receiving the land, now, right? Is that right, Mr. Manager?
Ms. Fermin: We don't have...
Commissioner Plummer: No, this is two parts, Mr. Mayor.
Mr. Cesar Odio (City Manager): It's two parts. But it should stay as a revocable permit.
Commissioner Plummer: Yeah.
Mr. Odin: Without a term. That's what the City Attorney is saying.
Commissioner Plummer: Yeah.
Mayor Clark: Well, I don't want to give them something that they don't have or won't receive.
Commissioner Plummer: No. What we're looking at, Mr. Mayor, is renewing the revocable
permit without a time frame, simply because the building is there, and there's not going to have
any problem, and so what the City Attorney is saying, don't put a time frame, and you can
review it every year, which is fine, or let the Administration review it.
Mayor Clark: But there's no time limit to it.
Commissioner Plummer: That's correct. And the second is that we give them the land between
the two.
32 April 14, 1994
Mayor Clark: The vacant lot. That's right, exactly. I think you...
Commissioner Plummer: That was my motion. I think you're all protected, Mr. Urra.
Mr. Urra: Yes, sir.
Mayor Clark: Seconded by Mr. Gort. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-244
A RESOLUTION DIRECTING THE CITY MANAGER TO PREPARE A
REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR ISSUANCE TO ALLAPATTAH COMMUNITY ACTION,
INC., FOR ACCESS TO AND USE OF THE VACANT PARCELS OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE
AVAILABILITY OF SAID LAND, FOR THE PURPOSE OF CONSTRUCTING
AND OPERATING AN ELDERLY DAY CARL CENTER; SAID PERMIT TO BE
FOR ONE YEAR PERIOD, RENEWABLE ANNUALLY.
(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 AFTER ROLL CALL:
Vice Mayor Dawkins: May I ask a question?
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Mr. City Attorney, how are we ensuring ourselves that we don't come
into another Bill Rios situation, where if the land isn't used for the specific purpose, that
although I know Mr. Urra would never do it, but I have to prepare something for... or if
somebody else, where they cannot sell the land to somebody else to do whatever they want to
do? How are you going to...?
33 April 14, 1994
Mr. Jones: Well, the revocable permit, by its very nature, suggests that the City can terminate it
at will, so that's the protection that you have.
Vice Mayor Dawkins: OK. Thank you. No further questions.
Mayor Clark: Thank you, Mr. Urra. Thank you, ma'am.
Mr. Urra: Thank you Mayor, and thank you Commissioners. Thank you very much.
Ms. Fermin: Excuse me, Mayor. Before we leave, can we bring one more item up? Since
Hurricane Andrew, we've been having problems with our air conditioning, and we've talked
several times with the City of Miami. They have come and they fix it. It keeps on breaking
down. Now, this has been going on for two years. Right before...
Mayor Clark: Mr. Manager, Mr. Manager, the air conditioner keeps breaking down. They get a
repairman, it breaks down again. How can we...
i
Ms. Fermin: Correct. The last time they... When they originally went the first time, they said
they were going to go ahead place new units. Unfortunately, I don't know what happened.
Now, the last time they went, I received a letter stating that it needs a new part, and they don't
make those parts anymore, so they're actually going to have to, like, custom make that part.
This was a month ago. They said it would take about a week. The problem with us is, you
know, the seniors can't handle the heat.
Mayor Clark: I know. Heat.
Ms. Fermin: And the summer is coming up.
Mayor Clark: Mr. Williams, what's your... Can you respond to this?
Mr. Ron Williams (Assistant City Manger): Yes, Mr. Mayor. That's absolutely correct. We
have had a problem keeping it going. I've just discussed it briefly with the Manager. We'll
identify a way to replace the unit.
Mayor Clark: With a new unit. All right.
Mr. Urra: Thank you. Thank you very much.
Mayor Clark: Thank you. We'll stay on top of it, too.
34 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
8. (A) SECOND 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 A TOTAL APPROPRIATION OF $15,681,000.
(B) ACCEPT ADMINISTRATION'S RECOMMENDATIONS CONCERNING
PROPOSED ALLOCATION OF 20TH YEAR CDBG MONIES CONCERNING
SOCIAL PROGRAM AGENCIES, INCREASING AND/OR FUNDING THE
FOLLOWING AGENCIES: (1) ACTION COMMUNITY CENTER, INC.; (2)
LITTLE HAVANA ACTION AND NUTRITIONAL CENTER (MEDICAL
SERVICES); (3) THE USEFUL AGED ASSOCIATION; (4) SOUTHWEST
SOCIAL SERVICES PROGRAM; (5) THE JAMES E. SCOTT COMMUNITY
ASSOCIATION (JESCA); (6) BETTER WAY OF MIAMI (THE HOMELESS);
(7) ST. AGNES RAINBOW VILLAGE (CHILDCARE); (8) OVERTOWN
COMMUNITY OPTIMIST CLUB; (9) CENTRO MATER (TEEN
OUTREACH); (10) ASSOCIATION FOR THE DEVELOPMENT OF THE
EXCEPTIONAL; (11) ASPIRA OF FLORIDA; (12) LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTER; AND (13) HISPANIC
COALITION.
(C) ACCEPT ADMINISTRATION'S RECOMMENDATIONS CONCERNING
PROPOSED 20TH YEAR CDBG ALLOCATIONS CONCERNING THE
ECONOMIC DEVELOPMENT PORTION, AS MORE FULLY OUTLINED IN
THE COMMUNITY DEVELOPMENT CDBG 1994-1995 PROGRAM --
(SELECTED CBOs TO BE DESIGNATED FOR FUNDING AT A FUTURE
TIME).
(D) ACCEPT ADMINISTRATION'S RECOMMENDATIONS CONCERNING
PROPOSED 20TH YEAR CDBG ALLOCATIONS CONCERNING THE
HOUSING PROGRAM PORTION AS MORE FULLY OUTLINED IN THE
COMMUNITY DEVELOPMENT CDBG 1994-1995 PROGRAM -- EXCEPT
FOR ADDITIONAL ALLOCATIONS TO: (1) THE EDGEWATER
ECONOMIC DEVELOPMENT (HOUSING PROJECT), AND (2) ST. JOHN
DEVELOPMENT CORPORATION. (See labels 10 & 12)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: We got a quorum or not? They're kind of drifting on me. 10:01. Now we go
back to item 7.
Vice Mayor Dawkins: It's 6, isn't it?
Mayor Clark: Six.
Vice Mayor Dawkins: Mr. Mayor, may I put something in the record on item 6, please?
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Mr. Manager, on page 4 of item 6, would you turn to 4, please. It says,
the second paragraph from the bottom, says, "Both staff and advisory board agree on allocating
$250,000 to Tacolcy Economic Development Corporation in connection with the development of
West Estates, 150-unit housing project being proposed in the Model City neighborhood." I
would like to amend that to say that, for some reason...
35 April 14, 1994
Commissioner Plummer: What item?
Vice Mayor Dawkins: Six, J.L.
Commissioner Plummer: Six?
Vice Mayor Dawkins: Uh-huh. For some reason, we're going back to, in my opinion,
destroying the neighborhood. Now, every time I look in that neighborhood, it has to be multi-
unit dwellings. If you go on 7th Avenue, multi -dwellings. We're building a $56,000,000
complex at Northwestern Senior High School. You've got Drew Elementary School down the
street from there. You've got Thena Crowder Primary School. I would like to amend the
motion to say that $250,000 be awarded to Tacolcy to purchase the land for townhouses only.
We do not need, in my opinion - but there again, that's just my opinion - 150 units of housing
close to a $56,000,000 school complex and two elementary schools.
Commissioner Plummer: What's the address on that, Mr.... the general location?
Vice Mayor Dawkins: OK. You know what they used to call Korea?
Commissioner Plummer: No.
Vice Mayor Dawkins: OK. All right. They bought...
Commissioner Plummer: Is that close to Taiwan?
Vice Mayor Dawkins: Yes, Taiwan, right around the corner from Taiwan.
Mayor Clark: What's the address, what's the address?
Vice Mayor Dawkins: Somebody...
Mr. Frank Castaneda: I'll get you the address.
Commissioner Plummer: What school... I don't need an exact address, just the general area.
Vice Mayor Dawkins: Sixty-seventh and loth to 7th and up from 67th to about 69th and 10th
Avenue.
Commissioner Plummer: Around Northwestern?
Mr. Castaneda: Between 10th and 12th.
Vice Mayor Dawkins: Around Northwestern High School.
Commissioner Plummer: Yeah, OK, all right.
Vice Mayor Dawkins: I'd just like to say that the land be reserved for townhouses, and if they
do not build the townhouses, come back to the City, and the City will help them construct the
townhouses. I'm not taking anything from Tacolcy, but in my opinion, I mean, I'm fed up, and I
know the neighbors are, when every time I look... And they don't do it in no other
neighborhood. Now, you can go to any other neighborhood, and you don't see them putting up
any more 120 and 130-unit housing, only in mine.
36 April 14, 1994
Mayor Clark: He's building another slum.
Vice Mayor Dawkins: That's right. That's what they're doing, Mr. Mayor.
Commissioner Plummer: Thank you.
Vice Mayor Dawkins: And if they put townhouses, at least it's ownership, and people in the
neighborhood would improve...
Mayor Clark: Pride of ownership is what you're looking for.
Vice Mayor Dawkins: I am.
Mayor Clark: All right. Fine.
Vice Mayor Dawkins: So I'd like to add that amendment to that $250,000.
Mayor Clark: You got that?
Mr. Castaneda: I have that. Commissioner, just for the record, it's between 67th and 69th
Street, between 8th and loth Avenue.
Commissioner Plummer: Yeah.
Mr. Castaneda: Northwest.
Commissioner Plummer: Let me ask my colleague. Commissioner, is this, the money that
you're setting aside, to purchase the land...
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: ... or to build the units?
Vice Mayor Dawkins: To purchase the land.
Commissioner Plummer: And how much is it?
Vice Mayor Dawkins: Two hundred and fifty thousand dollars.
Commissioner Plummer: All right. For 56 units.
Vice Mayor Dawkins: Uh-huh.
Commissioner Plummer: OK. Who will build the units? Will that be private money?
Vice Mayor Dawkins: Tacolcy will, perhaps...
Unidentified Speaker: Can I speak?
Vice Mayor Dawkins: I don't know. You have to wait till we finish, then you can speak. I
don't know, see, but wherever it's coming from, I mean...
Commissioner Plummer: Will it be under our housing authority? In other words, Miller, my
problem is, we've seen too many times where we go out and we buy land, we displace people,
and nothing ever happens.
37 April 14, 1994
Vice Mayor Dawkins: No, it's already displaced.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: It's already displaced.
Mayor Clark: It's empty.
Vice Mayor Dawkins: Empty.
Commissioner Plummer: OK. But I'm saying, we're going to buy the land, we're taking it off
the tax rolls at this time by buying it. Do we have any plans, whatsoever, that somebody is going
to go in there and start building?
Mayor Clark: I think they had some plans here today, J.L., but we'll get into that. We got to get
this changed here first.
Commissioner Plummer: OK. Well, that's what I'm... Well, that's... I just don't want to see it
sit vacant and do nothing but cultivate weeds.
Mayor Clark: All right. Now, before you make any presentations, Mr. Castaneda, you have the
floor. Introduce yourself to all these wonderful people.
Mr. Castaneda: OK. My name is Frank Castaneda. I'm the director of Community
Development for the City of Miami. Basically, today, we are here to discuss the Community
Development Block Grant Program. We will be receiving $13,681,000. We've had several
meetings with the board, with the neighborhood groups, and we have come with
recommendations. There are some differences between our recommendations and those of the
board. In the social service areas, the differences are minimal. Basically, the only difference in
the social service area is the funding for Regis House, which the board is recommending the
funding of $35,000, and we are recommending, instead of Regis House, we are recommending
an increase in the funding of the Allapattah Community Action, Inc., in the amount of $30,000.
The other difference is, basically, that we are recommending the funding for Hispanic Coalition
in the amount of $10,000, and the board is not recommending that. And the other difference is
the board was recommending the operation, the funding of Operation Save Eyes, in the amount
of $10,000. Operation Save Eyes is a program that translates for the Public Health Trust, as they
take individuals to have their eyes examined. We really feel that this program should be funded
by the County and the Public Health Trust, and not us. However, there is a public service
reserve of $11,000, which, basically, the Commission could allocate to some other program
without affecting any funding for any other program. In the housing area, the basic difference is
in two areas. The board is recommending that code enforcement, the amount of money that goes
into lot clearance, and the amount of money that goes into demolition of substandard buildings to
be funded basically out of the general fund of the City. They're saying that this half a million
dollars could go into park development in the public improvement side. They are also saying...
Commissioner Plummer: But what's it got to do with code enforcement?
Mr. Castaneda: I'm sorry, Commissioner?
Commissioner Plummer: What does it got to do... Are you talking about the Code Enforcement
Board, or just code enforcement?
38 April 14, 1994
Mr. Castaneda: No, no, no. I'm talking about the salaries of code enforcement officers, building
demolition, and so forth. They basically want to relieve that money and put it into
developments, basically, of City parks, of additional City parks.
Commissioner Plummer: L. Go ahead. Anything you can take away from code enforcement,
we're ahead of the game.
Mr. Castaneda: OK. The other difference is that they're taking half a million dollars...
Commissioner Plummer: Waste of money.
Mr. Castaneda: ... from the Housing Department, from both single and multifamily rehab, and
recommending the funding of some additional agencies or agencies in a higher amount. In the
economic development area, we basically have no differences. Again, they're, however, saying
that the Department of Development should be funded out of the general fund and that money
should go into economic development. In the public facilities side, the basic difference is that,
you know, they are taking this half a million dollars and they are funding additional parks
projects, and that is basically it. We have had long meetings. We have had long discussions. If
the Commissioners have any specific questions on any particular project, we are more than ready
to answer them.
Mayor Clark: The question we have, sir, is these people are waiting, patiently, to find out what
the recommendation is. Would you get to the recommendations now and go through them, one
by one, what you have recommended.
Mr. Castaneda: Fine.
Mayor Clark: All right. That's what we're trying to do here.
Mr. Castaneda: OK. In the social service area, we are recommending for Action Community
Center $308,500.
Commissioner Plummer: Wait a minute. Hold on. Slow down, slow down.
Mayor Clark: Do you have a list of these? Is this in all this memorandum, here?
Mr. Castaneda: Yes, it is all there.
Commissioner Plummer: It's in this book, Mr. Mayor. In the blue book.
Mayor Clark: OK. Let's go through this, now, Frank. I've got you, now.
Mr. Castaneda: OK. I'm sorry about that. Does everybody have the book, Commissioners?
Commissioner Plummer: For the record, have all of the people who are directly involved seen
these recommendations?
Mr. Castaneda: Yes, they have.
Commissioner Plummer: Thank you.
Mr. Castaneda: Action Community Center, Inc. - $308,500. Allapattah Community Action,
Inc. - $298,563. The Alternative Programs - $50,000. ASPIRA of Florida - $30,000. Better
Way of Miami - $10,000. Centro Mater Childcare - $68,311. Cure AIDS Now - $29,281. First
39 April 14, 1994
United Methodist Church - $17,100. HACAD (Haitian American Community Association of
Dade, Inc.) Social Services Program - $70,000.
Mayor Clark: Are you going down the list, here?
Mr. Castaneda: Yes.
Mayor Clark: You've jumped about 15 on me.
Mr. Castaneda: No, I'm going down the list of the recommended ones.
Mayor Clark: All right. Go ahead.
Mr. Castaneda: Haitian American Civic Association - $76,000.
Mayor Clark: Give the number to the side, will you?
Mr. Castaneda: OK. Item 20, Haitian American Civic Association - $76,000. Item 22, JESCA
(James E. Scott Community Association) Elderly Program - $100,785. Item 25, KIDCO-
Wynwood Day Care - $88,717. Item 27, Lions Home for the Blind - $43,620. Item 28, Little
Haiti Housing Association/Social Services - $25,000. Item 29, Little Havana Activity &
Nutrition Center - $263,927. Item 31, Little Havana Catholic Child Care - $51,718. Item 32,
Miami Coalition for the Homeless - $22,610.
Mayor Clark: Are they working in conjunction with the Homeless Trust?
Mr. Castaneda: Yes, they are, sir. Item 33, Miami Jewish Home - $35,000. Item 34, Miami
Mental Health - $27,251. Item 37, Notre Dame Day Care - $20,493. Item 44, Southwest Social
Services - $69,323. Item 45, St. Agnes Rainbow Village/Summer Program - $25,000. Item 47,
St. Alban's Day Care - $30,376. Item 49, The Useful Aged Association - $49,920. Item 52,
Wynwood After School Daycare (San Juan) - $24,394. Item 53, Wynwood Elderly Services (De
Hostos) - $194,395. Item 55, Hispanic Coalition - $10,000. And, as I mentioned, the Public
Service Reserve is $11,716, Would you want to limit the discussion, now, to the public service
area and then move to the other areas, or how would you want to do it?
Mayor Clark: Yes.
Commissioner Plummer: For sure. Let's get this behind us.
Mr. Castaneda: Huh?
Commissioner Plummer: Let's get this one behind us. Then we'll play to an empty house.
Mr. Castaneda: OK. They are going to discuss the public service area first.
Commissioner Plummer: For the record...
Mayor Clark: Yes, sir.
Commissioner Plummer: ...just everybody. Are there any new programs being funded?
Mr. Castaneda: New programs that are being funded...
Commissioner Plummer: If so, what are they?
40 April 14, 1994
Mr. Castaneda: ...are ASPII+:A of Florida.
Commissioner Plummer: What number? OK, number four.
Mr. Castaneda: Item number four - $30,000.
Commissioner Plummer: OK.
Commissioner Gort: Where are we at?
Commissioner Plummer: Here, on this page.
Commissioner Gort: Public facilities?
Commissioner Plummer: Social services.
Mayor Clark: Item number four.
Commissioner Plummer: All right, number four is a new program. Go ahead.
Mr. Castaneda: Item 28, Little Haiti Housing Association for $25,000.
Commissioner Plummer: Why isn't that coming out of either economic development or out of
j housing money?
Mr. Castaneda: Because this is a program to teach people how to take care of their homes and,
therefore, it's a public service.
Mayor Clark: All right.
Commissioner Plummer: Go ahead. What else? Anything else?
Mr. Castaneda: Let me see. Hispanic Coalition, number 55, for $10,000.
Commissioner Plummer: All right. Now, my second question. How many, for the record, are
receiving an increase over last year?
Mayor Clark: They all look to be about the same, J.L.
Commissioner Plummer: Well, yeah, but I'm asking it for a reason, Mr. Mayor, to get it on the
record. Very few, or none, are actually getting...
Mr. Castaneda: Basically, we have given increases to programs in the Haitian community. The
Haitian community has complained, through the years...
Commissioner Plummer: And we set aside $200,000 last year, just for that very reason.
Mr. Castaneda: ...that, you know, they were not being properly funded, and we have increased
the Haitian programs. In addition to that, we increased day care programs in the Little Havana
area by ten percent. We also increased Allapattah Community Action, Inc. by $30,000, and then
there were minimal increases in programs that were asking differences of $3,000, and so forth.
An example is Better Way of Miami, that was given an increase of $141 to make it even. First
United Methodist Church was given an increase of $1,700, but those increases are very minimal.
41 April 14, 1994
Mayor Clark: All right.
Commissioner Plummer: I have only one question, further. The item 32, the Miami Coalition
for the Homeless.
Mr. Castaneda: Yes, sir.
Commissioner Plummer: By referendum, the homeless coalition in this community will be
raising seven million dollars a year...
Mayor Clark: Seven and a half.
Commissioner Plummer: Excuse me?
Mayor Clark: Seven million five hundred thousand.
Commissioner Plummer: OK, whatever. Over seven million. Why are we dedicating any of our
very important money to something that's going to have seven and a half million dollars that it
has not had previous to this?
Mr. Cesar Odio (City Manager): The law that was passed says that you have to maintain the
level of services that you had prior to the law of the one cent passed. So we committed to
maintaining the same amount of dollars we had prior to the law passed.
Mayor Clark: All right.
Mr. Odio: That's part of the law.
Mayor Clark: Fair answer. Further questions? All right, now we're going to hear from these
people? Mr. Plummer.
Commissioner Plummer: Mr. Mayor, one thing we've done in the past, if they are agreeable, say
"thank you" and sit down.
Mayor Clark: Are you agreeable?
Ms. Crystal Griggs: No.
Mayor Clark: Well, what's your name, please.
Ms. Griggs: My name is Crystal Griggs and I am a political activist, and also an activist for the
elderly and children.
Mayor Clark: Why did you say political activist?
Ms. Griggs: Because I believe, I started working with the Commissioners, trying to get votes
and get the right people, right here, to help our children and elderly, especially. That's what I
want.
Commissioner Plummer: I'm sorry. What item are you here on?
Ms. Griggs: The reason is, it's a public service.
42 April 14, 1994
Mayor Clark: What item are you on?
Ms. Griggs: Excuse me?
Commissioner Plummer: Item 6.
Mr. Castaneda: Item number 6, Baccus Learning Center.
Commissioner Plummer: Baccus Learning Center.
Mayor Clark: Baccus Learning Center - Great Beginnings, is that it?
Ms. Griggs: Yes, sir.
Mayor Clark: You had requested $459,000?
Ms. Griggs: Yes, sir.
Mayor Clark: That's good.
Commissioner Plummer: For starters.
Mayor Clark: Might as well go high...
Ms. Griggs: Can I tell you why?
Mayor Clark: Sure, go ahead.
Ms. Griggs: And where it's going. We have the opportunity of having, in the area of Little
Havana, the Salvation Army, which is a building that is not really used all the time. I went to...
Mayor Clark: Go ahead.
Ms. Griggs: I went to talk to Mr. Fuentes, and I told him exactly the idea. This is the idea that
we have at this moment. HRS, at this time, has 400 children waiting for service in child care.
Mayor Clark: All presentations are two minutes, no longer, so make your point.
Ms. Griggs: OK. I'll talk very fast. So here is the Salvation Army and the plan that we have is
to open 24 hours, especially for those kids that are supposed to be in foster homes. I think that
we should do that. We also want to work with the youth groups and have somebody talk to them
and help them. And we want the elderly, and we want job fields training, also. We are planning
to cover all those areas for all the people around Little Havana.
Mayor Clark: A]I right, thank you.
Ms. Griggs: Is that my two minutes?
Mayor Clark: Yes, ma'am.
Commissioner Plummer: Mr. Mayor, just for the record, if I may...
Ms. Griggs: It's not exactly, but...
43 April 14, 1994
Commissioner Plummer: I think we should note that our request from all of the organizations is
$6,800,000, and we only have two million to give out. I think that's one of the things that people
must understand. The cupboard only has two million and yet the request for 6.8 - only in social
services.
Mr. Bernard Lack: May I address that question in the same vein? I've been here a number of
times.
Mayor Clark: Give us your name.
Mr. Lack: My name is Bernard Lack. I'm a Director of Planning and Development for the
Baccus Learning Centers. I just want to add...
Mayor Clark: Well, she's spoken now. Go ahead, but then you get...
Mr. Lack: I just want to add something. For the nr,mber of years that Mr. Castaneda - he knows
us - we have a program that will give job skill training with their children on the same premises,
which has never been done before. We've added a 24-hour day care service, and what we are
requesting is a full-fledged program for 120 mothers and fathers, for job skill training, and 90
children. We can bring that down, Mr. Mayor.
Mayor Clark: I understand.
Mr. Lack: Why can't the Commission decide to break precedent while trying to give us a chance
to bring the numbers down, and we'll get some matching funding elsewhere. We already have
indications of that, of getting matching funds, if you just start us.
Mayor Clark: You're on record. Thank you, sir, for your presentation. This gentleman, right
here.
Mr. Roberto Godoy: My name is Roberto Godoy. I am the Executive Director of Model
Housing.
Mr. Castaneda: Mr. Godoy. I'm sorry, he's on housing and not public services. I think that the
Mayor...
Mayor Clark: Only on public services, not on housing. Yes, ma'am.
Mr. Godoy: I'll wait for housing.
Ms. Marion Crawford Kiley: Mr. Mayor, Commissioners, Marion Crawford Kiley. I'm an
Executive Director of Regis House. Last year, the City Commission, through the Police
Department, funded Regis House at $60,000. This year, you are only able to provide $30,000.
As such, I cut back treatment services for substance abusing adolescents. It was suggested, at
that time, that we apply for Community Development Block Grant funds to help try to make up
this difference. We did so. The City has not - I assume because of so many requests -
recommended us. However, your Citizen Advisory Board has, in fact, recommended that Regis
House be funded at $35,000. There is considerable research in public safety and social services
that links substance abuse with juvenile violence and juvenile crime, which are major issues in
our City. We are asking for treatment and intervention dollars. We receive no public support for
treatment and intervention dollars. This is our first request to Community Development Block
Grant for treatment dollars, and documentation, nationally, indicates that for every dollar you
I invest in treatment, four to six dollars are saved in other drug -related costs. This is important,
and we hope you will go with the recommendation of your Citizen Advisory Board. Thank you.
44 April 14, 1994
Mayor Clark: Thank you, ma'am. Yes, ma'am.
Ms. Sheryl Berkowitz: Good morning, my name is Sheryl Berkowitz. I am the Associate
Director of Legal Services of Greater Miami. We requested - and this is Jackie Michelle Chou,
she's a paralegal in our Little Haiti Outreach office for legal services. We requested $160,000 to
develop a legal assistance project for Haitian youth and families. The purpose of this project is
to provide outreach legal education, advice, assistance and referrals to children, youth and
families of Haitian descent, to ensure that their civil rights are protected and enforced and that
they receive the most appropriate and effective education possible, that they receive all public
benefits to which they are entitled, and that they live in safe and sanitary housing. The ultimate
purpose of this project is to preserve and strengthen the Haitian family through providing direct
and individualized legal assistance in all critical areas of their lives. We have been in the Little
Haiti community for a number of years, and over the past few years, we have noticed an
alarming increase in the number of unsanitary housing situations, unsafe housing situations, in
Little Haiti. We've been seeing three to five families living in one- to two -bedroom homes.
They're paying...
Mayor Clark: Have you received a grant? Are you recommended?
Ms. Berkowitz: We're not recommended. And we're asking that you reconsider this project.
We're seeing so many deplorable housing situations. We're seeing situations where people are
not receiving the public benefits to which they are entitled, and I'd like to point out to the City
that assisting a family with changing their status, or assisting them in obtaining the benefits to
which they are entitled, would assist in bringing federal dollars back into our City. We get them
back on SSI (Social Security Insurance). We get them on Medicaid, and the City and County are
now footing the bill for those services.
Mayor Clark: Thank you for your presentation.
Ms. Berkowitz: OK. We ask that you reconsider.
Mayor Clark: Yes, ma'am. Thank you.
Ms. Berkowitz: Thank you.
Mayor Clark: It's been noted. Next person. Two minutes. Yes, ma'am.
Ms. Ruth Wells: My name is Ruth Wells. I'm the Project Director and Nurse Manager for the
Miami Jewish Home and Hospital for the Aged Senior Adult Day Center at Legion Park. I just
want to say: Thank you, Mr. Mayor, Commissioners, and Community Development Board for 19
years of funding for this program for the frail, elderly in the northeast section.
Mayor Clark: There had to be a bright light, somewhere. Thank you.
Ms. Wells: Thank you, sir.
Mayor Clark: Yes, sir.
Rev. Jonas Georges: My name is Reverend Jonas Georges, Executive Director of the Society for
Haitian Advancement, Recognition and Education. We have sent a proposal, for the first time,
to give services to elderlies and youth, to continue our services to elderlies and youth in the
Haitian community, which is being supported, presently, by private funds. And I have been in
touch with Mr. Castaneda on that, and several of you, and we have not been accommodated, as
45 April 14, 1994
yet, and I am here, this morning, to make an appeal for these funds. I understand that you are
already being...
Mr. Pablo Perez -Cisneros: What organization?
Rev. Georges: This is the Society for Haitian Advancement, Recognition and Education, which
is SHARE, and I am making an appeal to you this morning to reconsider this proposal that we
have sent, because the funds that we have received for the elderlies, for instance, from Alliance
for Aging is over, the need is great, and I know that others have been doing services to the
community which have been discontinued recently. And there may be other funds, as small as it
may be. My call to each of you, this morning, is to look at our proposals and make a
recommendation for funding.
Mayor Clark: Thank you, sir. Thank you very much. Yes, ma'am. Pull the mike down.
Ms. Autheria Mitchell: I'm with Jesus as a Prayer in Street Ministry. My name is Autheria
Mitchell. I work with the homeless, drug addicts and prostitutes. I have recently been working
for some time as a volunteer in the women's detention center, and, then, this was an article that
was done just last year, like November, for the things that I do for the homeless. I have never
received funds before, but I am asking for $40,000 and using my home as a project to
recouperate and to help restore the people. A lot of the women are in jail. When they get out
they have no place to return, and I come in contact with feeding the homeless, a lot of
homeless...
Mayor Clark: Have you made an application, before?
Ms. Mitchell: Yes, I've made an application.
Mayor Clark: You were turned down?
Ms. Mitchell: I don't... I think...
Mayor Clark: Frank, did you approve this application?
Mr. Castaneda: Right. She submitted an application as item 23, and they were not
recommended either by the Board or by staff.
Mayor Clark: All right.
Ms. Mitchell: So, I am here to appeal on the behalf of the outreach work that I have been doing
since 1989, and I never received any help at all from anyone. And I'm appealing today because I
really do need help. I'm a volunteer worker. I'm a licensed practical nurse, but 1. spend most of
my time working for the outreach ministry.
Mayor Clark: All right, thank you, ma'am.
Ms. Georgia Ayers: Mayor Clark, Georgia Ayers, of the Alternative Programs. On behalf - I'll
come for my own in a minute - but just to support what Ms. Mitchell is saying. She has been
volunteering through my agency in the women's annex for about two years, and I certainly
would like to see her get some support.
Ms. Mitchell: Thank you, Ms. Ayers.
Mayor Clark: All right, thank you, Georgia. Yes, sir.
46 April 14, 1994
wv�
Mr. Raul Martinez: Mr. Mayor, Commissioners, good morning. My name is Raul Martinez. I
am the Executive Director of ASPIRA of Florida and I am speaking to item number 4, and I
want to thank the staff and the Commission for the recommended amount of $30,000 to ASPIRA
of Florida.
Mayor Clark: Thank you, sir.
Mr. Martinez: Muchas gracias.
Mayor Clark: Thank you. Yes, ma'am.
Ms. Annie Smith: Mayor and Commissioners, my name is Annie Smith. I'm the President of
Town Park Village. I'm here to appeal our denial for our day care center. We are trying to open
affordable day care center, not to make profits, sir, but to help our welfare recipients and our
young mothers take care of their children, so they can get out and get a job. We are asking, also,
for finish fencing the coop, for safety. We're having a lot of problems with them bringing cars
in there. It's a multiple family unit, and they are leaving them running, and if any child get in
there, somebody's going to be real hurt, hurt real bad. I would really appreciate that you
reconsider our day care and our fencing.
Mayor Clark: Thank you.
Ms. Smith: Thank you very much.
Mayor Clark: You're very welcome. Yes, ma'am.
Ms. Ana Rodriguez: Good morning, Mr. Mayor, Commissioners. My name is Ana Rodriguez.
I am representing Centro Mater, today, 418 S.W. 4th Avenue. We have cared for the children of
the East Little Havana area for 25 years, empowering our families and offering good quality
education for our children. To continue our work, we are requesting, today, $68,311...
Mayor Clark: You've been recommended, right?
Mr. Castaneda: Yes, sir, they have.
Mayor Clark: You've been recommended.
Ms. Rodriguez: Yes. But we are requesting, also, some funding for a teen outreach program
which was not included in what Mr. Fernandez mentioned this morning.
Mayor Clark: Please.
Mr. Castaneda: The recommendation is to increase the funding for Centro Childcare from
$62,102 last year to $68,311 this year. They are also asking funding for a new program which
has to do with teen outreach in the amount of $38,621. That was not recommended for funding.
Mayor Clark: All right. We're doing the best we can.
Ms. Rodriguez: OK, thank you very much.
Mayor Clark: Thank you very much. Yes, ma'am.
Ms. Veola Williams: My name is Veola Williams. I'm here on a personal problem with the
CDBG (Community Development Block Grant) grant.
47 April 14, 1994
Mayor Clark: All right.
Ms. Williams: Since 1989, March, I've been trying to repair my home with this grant. I wasn't
able to get the grant until...
Mayor Clark: This is not housing. This is only on social programs. So you'll have to wait till
we get to that.
Ms. Williams: All right, I'll have to wait a while. Thank you, sir.
IMayor Clark: Yes, ma'am. Yes, ma'am.
Ms. Gracie Mendoza: Good morning, I'm Gracie Mendoza. I'm the social worker for Little
Havana Catholic Child Care, and to save time, I am also speaking on behalf of San Juan - the
worker is here, but it's the same concern, so I am speaking for both. Child care is a big area and
I' Little Havana, as well as Wynwood, we have...
l Mayor� Clark: You have a grant, already, right?
Ms. Mendoza: Right.
Mayor Clark: Are you happy with that?
Ms. Mendoza: Yes.
Mayor Clark: Thank you.
Ms. Mendoza: So we don't have... OK.
Mayor Clark: Thank you, ma'am. Yes, ma'am.
Ms. Maritza Aragon: Good morning. My name is Maritza Aragon. I am Director of Operations
for Christian Community Service Agency and, on behalf of our clients, I am here this morning to
plead with this Commission for funding for a "New Life Family Shelter." New Life Family
Shelter was built five years ago with the support and the dollars provided by this Commission.
We have continuously...
Mayor Clark: Is this construction money?
Ms. Aragon: No, this is social service...
Commissioner Plummer: No, no, Mr. Mayor, she's barking before she's bit. She will be dealt
with in the next month or two by Community Development.
Mr. Castaneda: Right.
Commissioner Plummer: You should not be here, today.
Mr. Castaneda: With the McKinney Act money.
Mayor Clark: All right.
Ms. Aragon: That's going to be taken care of.
48 April 14, 1994
Commissioner Plummer: You will be covered elsewhere.
Ms. Aragon: Thank you.
Vice Mayor Dawkins: You will not be covered, because we told you not to come up here, so
you just lost our support.
Commissioner Plummer: Teach 'em, Miller, teach 'em!
Mayor Clark: All right.
Mr. Alan Campbell: My name is Alan Campbell. I'm President of the Lions Home for the Blind
and Secretary for the Lions Clubs of South Florida. We are an institution over 20 years of age. I
think we've proven what we can do in the community.
Mayor Clark: Did you receive a grant?
Mr. Campbell: We're receiving a grant. However, last year, we were cut approximately 15
percent because they said there was less money available, and maybe next year there would be
more money coming from the Federal grant. More money came and, of 28 agencies on here, 17
got increases and 10 were the same, but I wonder how many of them are operating 15 percent
below two years ago grant. We are providing service to 30 percent more people than two years
ago. Our costs have not gone down that, and, at least, we would ask you to restore us to the
previous level.
Mayor Clark: Wait a minute, just a minute. Frank, you got ... Please.
Mr. Castaneda: The only programs that received increases were the day care programs which
received, I believe, about a ten percent increase. The Board did not recommend any increases
for any other program. Obviously, we could not increase everybody because we would not have
enough money to do that.
Mayor Clark: How much did you receive?
Mr. Castaneda: They are receiving $43,620, which is the same amount that they received last
year.
Mr. Campbell: And $5,400 less than two years ago.
Mayor Clark: Well, sir, there's only so far you can spread this.
Mr. Campbell: I understand.
Mayor Clark: And I appreciate that.
Mr. Campbell: I understand. But the last part. I'm comparing current allocation to
recommendations, and 17 are up and 10 are the same.
Mayor Clark: I understand. I appreciate... You're being considered. All right, yes, sir.
Mr. Ryadames Pequero: Good morning, sir. My name is Ryadames Pequero, from the
Dominican Foundation in Allapattah. Before I begin, I would like to pass a leaflet so you can
check this.
49 April 14, 1994
Commissioner Plummer: Thank you, sir.
Mayor Clark: Go ahead, sir.
Mr. Pequero: For the last year, we have been working in Allapattah with the youth to try to
make a difference in the area. For the second year in a row, we submitted a proposal to the
CDBG, and, yet, we have been turned down. As you can see, in the leaflet that I gave you, most
of the funds for the social services are going to the elderly. I mean, we're talking about 61
percent of the total $2,052,000. For the youth, zero percent. For the youth programs, zero
percent. I mean, when we talk about crime, when we talk about education, you know, we got to
take care of our kids. Unless we do something about the youth, and we recommend, at least...
You know, I got nothing against money going to the elderly, but we got to try to give something
to the youth to secure our future. So, you know, I would like to consider our proposal that was
submitted to you for $102,000. For the second year in a row we've been turned down. Thank
you.
Mayor Clark: Thank you, sir. Yes, ma'am.
Ms. Lisa Hellinger: Hi, Mr. Mayor. My name is Lisa Hellinger and I'm with HOPE Center. I
know you know about HOPE Center and our program out in Little Havana for the mentally
retarded. We are in an emergency situation with our plumbing needs. We were told... Our
application was submitted. However, it was submitted late. We were told to come here today to
make an appeal. We are in dire straits in need of plumbing. Our bathrooms are in need of
repair. We've had plumbers come in who've said this is an emergency situation. In our
application, we had submitted a bill in there that would cover the start of our plumbing problems,
which covers $46,000. The entire program to get started, with fixing up all the plumbing
throughout all the dormitories, for tearing the walls down, may eventually cost $400,000.
Mayor Clark: But you're not talking about a social program. You're talking about construction.
Mr. Castaneda: Right, she's talking about renovations, which is something we can discuss under
public facilities and improvements.
Mayor Clark: All right.
Ms. Hellinger: Oh, OK.
Mayor Clark: Relax.
Ms. Hellinger: Thank you.
Mayor Clark: Yes, ma'am.
Ms. Josefina Carbonell: Good morning, Mayor, Commissioners, my name is Josefina Carbonell.
I'm representing Little Havana Activities and Nutrition Centers. It's an honor to be before this
new Commission, today. I am here to thank you for the support to our organization and to
request your reconsideration on the zero recommendation for the Pro-Salud, which is a primary
health care center in the Little Havana main facility. We have served, in the last three months,
3,076 unduplicated clients in that primary health care and, out of that, 1,830 of those clients have
been City of Miami residents, almost 60 percent of the individuals being served.
Commissioner Plummer: What number?
50 April 14, 1994
Ms. Carbonell: One thousand eight hundred and thirty.
Commissioner Plummer: No, what's the name of the organization?
Ms. Carbonell: Little Havana Activities and Nutrition Centers.
Mr. Castaneda: Item 29 and item 30. She is referring to item 30.
Commissioner Plummer: Item 29 and 30.
Mayor Clark: The Nutrition Centers get two sixty three, and the medical...
Ms. Carbonell: Those are the meals programs in Peters Plaza, St. Dominics, Flagami.
Commissioner Plummer: Well, Mr. Mayor, may I inquire?
Mayor Clark: Yes.
Commissioner Plummer: Mr. Castaneda, as I recall, item 29, that if we did not give those
monies, there was matching multiplier effect.
Ms. Carbonell: That's exactly right.
Commissioner Plummer: And if you give them nothing, then they cannot apply for that
multiplier effect.
Ms. Carbonell: That is correct.
Commissioner Plummer: Was it four to one?
Ms. Carbonell: Well, it's nine to one, sir. For the sixty-seven thousand - what is the request? -
$67,745 - we're generating almost 347,500 Federal dollars.
Mr. Castaneda: Commissioners, what I did was... Because I was not meeting their request on
item 30, what I did was, under public facilities, I am recommending Little Havana Activities &
Nutrition to receive $150,000 to renovate the existing facility in the middle that they have, there.
Ms. Carbonell: Yeah, but we're talking about public services, right now.
Commissioner Plummer: Social services.
Ms. Carbonell: I am referring, especially... There were two requests from Little Havana for
public services. One is the meals program, which was recommended at the same level, and I
wanted to...
Commissioner Plummer: OK. The point I am trying to make is, if you don't give them this
$67,000, they cannot make a multiplier request, which would bring into that community over
$300,000 worth of medical services to that community.
Ms. Carbonell: And there is no public health services currently available in the Little Havana
area.
Commissioner Plummer: I don't need a lobbyist.
51 April 14, 1994
wt�
Ms. Carbonell: OK, thank you, sir. You're doing...
Commissioner Plummer: But I think it would be a sin not to take advantage of that kind of a
multiplier. Just put that on the record.
Mayor Clark: Send it out, Frank, would you. Mr. Dawkins.
Vice Mayor Dawkins: I yield to Mr. Gort, and then I'll speak.
Mayor Clark: Are you finished, J.L.?
Commissioner Plummer: I finished, yes, sir.
Commissioner Gort: My question was, you can't use the funding from one section to the other?
Like if you are give them a hundred and something...
Commissioner Plummer: No, max is 15 percent.
Commissioner Gort: ...can you just have a matching fund also?
Mr. Castaneda: No, no. You cannot use public service money for...
Ms. Carbonell: Right.
Mr. Castaneda: ...or physical money for public service activity.
Commissioner Gort: I understand that.
Mr. Castaneda: What I was...
Commissioner Gort: No, my question is, in your application for the matching funds, part of the
capital funding that you are going to get in the Capital Improvement, can't that be used for the
matching fund?
Ms. Carbonell: No, because the...
Commissioner Plummer: No.
Ms. Carbonell: No. The capital that has been requested has been for the meals program which is
completely...
Commissioner Plummer: It's for to be either here, or general funds.
Ms. Carbonell: ...you know, we bought the building. And that's also matching situation. Those
150 will also match some other construction capital funds.
Commissioner Plummer: And you also need to tell my new colleague, Willy, that there is a 15
percent maximum. Am I correct? You cannot if you... even if you want to, you cannot spend
more than 15 percent of the total grant for social services.
Mayor Clark: All right. Mr. Dawkins, you are recognized.
Vice Mayor Dawkins: Mr. Castaneda.
52 April 14, 1994
Mr. Castaneda: Yes, sir.
Vice Mayor Dawkins: I just need to know if I heard you correctly, did you say that due to the
limiting of funds, you could not meet the total requirement in one area?
Mr. Castaneda: Right.
Vice Mayor Dawkins: But therefore, in order to attempt to balance it out, you awarded money in
another area?
Mr. Castaneda: That's correct.
Vice Mayor Dawkins: That's what I though I heard you say.
Mayor Clark: All right. You know... can we arrange this in any way, Frank?
Mr. Castaneda: Well, as I said, we have a public service reserve of $11,000, but that is not going
to resolve anything unless we take money away from somebody.
Ms. Carbonell: Right.
Mayor Clark: We'll find... we'll get something working.
Ms. Carbonell: And I also want to, Mr. Mayor, Commissioners, if I may, just make a comment
on the dollars that are received for the meals programs, the regular recurring funds that we've
received. We are recommended for the same amount even if you go back five and six years.
Just '92, '93 allocation was over $313,000, which is much less than what is recommended right
now. And we understand that you are tight budgeted. But you also understand that we have to
continue serving the need in the community, yet, we have less and less dollars every year.
Thank you.
Mayor Clark: Very good. I never thought I would have this opportunity, but I have it right now.
During the most recent campaign, I was charged with the responsibility, or accused of the fact
that if I were elected as Mayor, that all of this funding would go down the drain. That people
would starve to death, there would be no medicine, and no food. I'm proving to the people
today, and to you, Josefina, and many others, that that was a big lie told by someone who was
trying to beat me for Mayor of the City of Miami. And I am out here to prove to you today that I
serve all the people, and will continue as long as I have life in my body. Thank you. Yes,
ma'am.
Ms. Cristina Penedo: Yes, my name is Cristina Penedo, and I represent Southwest Social
Services Program, and I want to take this opportunity to thank the City Commission and the
Mayor for having supported our program for the past 12 years. Our funding from the City of
Miami provides us with the ability to serve 14,000 meals per year even though with additional
funds we serve up to 27,000 meals a year to City residents. This year we are asking for a
$25,000 increase that will enable us to reduce a client waiting list of almost 180 clients. Thank
you.
Mayor Clark: Thank you, ma'am. Yes, ma'am. Carmen, what do you have in your mind?
Ms. Carmen Maine: Well, I have a lot. But it's going... I'm going to be very brief.
Mayor Clark: Two minutes.
53 April 14, 1994
Ms. Maine: Yes. Good morning, after all thank you very much for the Mayor and all the
Commissioners for the funding before, and you Castaneda, that I always...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Ms. Maine: Yes. My name is Carmen Maine, and I represent the Useful -Aged Association, or
Los Viejos Utiles, we are in 982 W. Flagler Street. Our organization has 24 years in the City
providing service to everybody. Then the reason I'm here is to represent my people that we are
really very, very short on money. Last year we were short, and then my only request is that you
help us in this difference to $60,000. We now are $49,920 and the City's staff recommended the
same, and the Community Development Board also recommend that. But I recommend $60,000.
So, please take care of that because we really need that balance. Thank you very much.
Mayor Clark: Thank you, Carmen. Yes, sir.
Mr. Richard Perdomo: Yes, Mr. Mayor, Commissioners, my name is Richard Perdomo, I'm the
program director at De Hostos Senior Center. We want to thank you for your continued support
throughout the years. I want to inform you that we have met all the goals that we told the City,
and also, I want to pass out this newsletter that we have started publishing. Thank you so much.
Mayor Clark: Thank you. Yes, sir.
Mr. Ricot Fertil: Good morning, Mayor Clark. Good morning, Commissioners. My name is
Ricot Fertil, executive director of Haitian American Civic Association, HACA, located on 8340
N.E. 2nd Avenue, suite 235. We are here to thank each and everyone of you for your continuing
support to the Haitian American Civic Association. Since last year HACA has increased its level
of services because we are the only agency that provides parenting skill, educational skill classes
for the child -abuse prevention within the City of Miami. Besides parenting skill, HACA offers
individual counseling, group and family counseling, crisis intervention, and management for the
family, public awareness information campaign to address concerns that child abuse hurts not
only the children, but also families and the community.
Mayor Clark: All right.
Mr. Fertil: Last year we served 250 families, so far this year, we have already served 450. Mr.
Mayor, and Commissioners, as you can see, the need for these services are great and on our
budget. For this reason we urge you to consider the City's staff recommendation for the amount
of $76,000 so HACA can continue to provide services in the City of Miami. Thank you.
Mayor Clark: Thank you, sir. Yes, other persons want to... on social services? Yes, sir.
Mr. Irby McKnight: Good morning, my name is Irby McKnight, I live at 224 N.W. 12th Street.
And Mr. Mayor - pardon me - your little anecdotal about the funds and what happened when you
were running for office.
Mayor Clark: I remember you very well.
Mr. McKnight: OK. Well.
Mayor Clark: Very well.
Mr. McKnight: I'm not the person who said that. What I said was if you are elected Mayor,
how can I be sure Community Development Block Grant funds would be spent in neighborhoods
that had the needs? You assured me...
54 April 14, 1994
Mayor Clark: And non -political, that's what you said.
Mr. McKnight: I beg your pardon?
Mayor Clark: You said spent non-politically.
Mr. McKnight: No, no.
Mayor Clark: Yes, you did. OK. I remember. I got a good memory. 1 got a good memory.
Mr. McKnight: I have one too, sir. I said just that...
Mayor Clark: You are representing Jackie, aren't you?
Mr. McKnight: No.
Commissioner Plummer: No.
Mayor Clark: OK. Go ahead.
Mr. McKnight: I had this... I said this at 8607 Biscayne Boulevard at the Ministers Layman
Forum. We taped the meeting. I said it at the Caleb Center at the Democratic Black Caucus
Forum. And my actual statement to you was, If you are elected Mayor, what would you so to
assure me that these funds would go into poor neighborhoods." You said that your record at the
County would demonstrate that to me. I interrupted you at that point, and said, "After 23 years
there, those funds from the County don't go into poor neighborhoods." You then said, "Young
man, I only have one vote. But if I am elected Mayor of the City of Miami, I will assure you that
it will be done." I then said to you that at the City of Miami you would only have one vote. Do
you remember this?
Mayor Clark: I remember, sure. I only got...
Mr. McKnight: All right.
Mayor Clark: But don't forget, I only got one vote.
Mr. McKnight: Thank you. Thank you. Thank you very much. Thank you.
Mayor Clark: All right. Now, what is your program...
Mr. McKnight: Now, your one vote...
Mayor Clark: Your two minutes are almost up.
Mr. McKnight: ...for the City of Miami, and Overtown...
Mayor Clark: Yeah.
Mr. McKnight: ...is what I was discussing with you at five different times in the campaign.
Mayor Clark: Go ahead. Go ahead, that campaign is over.
55 April 14, 1994
Mr. McKnight: And the same... I made the same speech all five times. So, Town Park Village,
whom the co-op president has spoken already, their proposal was not recommended for funds by
the City's staff.
Commissioner Plummer: Was it Rainbow Village?
Mayor Clark: Is this construction funds?
Mr. McKnight: Some of it is for putting in a security fence around...
Mayor Clark: This is all social services right now.
Mr. McKnight: Yes.
Mayor Clark: Not that program. That comes later. Right, Mr. Castaneda?
Mr. Castaneda: That's correct.
Mr. McKnight: Right. Yes. But the daycare center that will go inside the fence is not capital
improvement, the building is already there.
Mayor Clark: You want a daycare center for capital improvements that haven't been approved
yet, right?
Mr. McKnight: That's correct. No, we are asking for you to consider...
Mayor Clark: Yes.
Mr. McKnight: ...the need for the Overtown community. So far, Mr. Castaneda went through
the social service list. Only 25,000 of those dollars are actually going to Overtown. Are you
satisfied with that?
Mayor Clark: I can assure you that we'll be funding programs in Overtown.
Mr. McKnight: Thank you very much.
Mayor Clark: Yes, sir. You got that on the record too. Yes, sir.
Mr. Joel Palmer: How are you doing? My name is Joel Palmer. I'm representing Moore Park
Tennis Club, and I'm...
Mr. Castaneda: That's on the public facility, or not?
Mr. Palmer: Pardon me? Yes.
Mr. Castaneda: Under public facility, or under...
Commissioner Gort: They are here.
Commissioner Plummer: Item 36.
Mr. Castaneda: I'm sorry. I'm sorry.
Mr. Palmer: Public service. And we'd like you to reconsider our block grant. We've...
56 April 14, 1994
Mayor Clark: Tennis program.
Mr. Palmer: ...been in function since 1985, and Arthur Ashe started this program. And we also
have been very good in the community for the other years. And it has been nice to come here
this morning and talk to all you guys.
Mayor Clark: All right. Thank you.
Mr. Palmer: Sure.
Mayor Clark: All right. Where did you buy that hat?
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. Of course, I have the greatest
respect for this Commission and specially for all the citizens that come here...
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: ...on Christmas time in April. Well, my name is Manuel Gonzalez-
Goenaga. I live in Manuel Gonzalez-Goenaga's Way, that is 12th Avenue and 13th Street
Northwest, the jail, Dade County Jail. I represent Citizens United Against Government
Corruption. I am probably the most controversial person here today because all these
organizations come here to ask for money, and I come here to ask for accountability of every
single cent that is given out today. Where everybody said that there are emergency situations,
yes, the citizens of Miami have more emergency. The Government of the United States have
more...
Mayor Clark: You have one minute left.
Mr. Gonzalez-Goenaga: ...One minute.
Mayor Clark: Thirty...
Mr. Gonzalez-Goenaga: I am the last of the Mohicans, but the message is, give the funds to the
less fortunate people, not to the more fortunate, starting from the less fortunate up instead of
from the more fortunate down. Thank you very much.
Mayor Clark: Thank you. Yes, sir.
Mr. Octavio Blanco: Good morning, Mr. Chairman, Commissioners. My name is Octavio
Blanco, I'm with Action Community Center. I just came down here today to say to you people,
please on the last five years Action Community Center hasn't received a penny more than what
they normally get. The insurance, the gas, everything is going up. Our employees are quitting
us because they are not making enough money. I do have down here with me the last five years
what was our budget. I would like to see you... what can you do to help this agency that are
giving this type of service? There is so much need to the community because every day
everybody wants more service. These agencies will receive only half...
Mayor Clark: Has he been funded, Frank?
Mr. Castaneda: Yes. $308,500.
i
Mayor Clark: How much?
57 April 14, 1994
Mr. Castaneda: $308,500. It's item number one on your sheet.
Mayor Clark: Well, OK. Thank you.
Mr. Blanco: You can ask into the hot meal program that we service, what type of service. We
serve Allapattah, we serve Wes't...
Mayor Clark: OK.
Mr. Blanco: Southwest Social Service.
Mayor Clark: I see you everywhere. You do a good job.
Mr. Blanco: Well... But there is no way... Our employees keep quitting us because... let me tell
you, a driver for $6.00 an hour, with no health benefits, nothing.
Mayor Clark: Thank you, sir.
Mr. Blanco: You are welcome.
Mayor Clark: $308,000. That's pretty decent. All right, other...
Commissioner Plummer: Mr. Mayor, I assume that's all of the people who wish to speak. I
would like to go on record, as I have every year that this money has been available. My vote
will be predicated on feeding the hungry, giving aid to the medically ill, and daycare, in that
order. Anything left over after that, we can argue about. But in my estimation, those are the
three primary areas that this money should be going for. And I will be making some suggestions
that I know that will not be popular, that in my estimation do not meet those three criterias. I
only have one question of the Department, and I won't even mention the organization so that I'm
not picking on this organization, but you are proposing "X" number of dollars for food vouchers.
I am concerned of how the abuse of vouchers are in this community. I have stood in line at
Publix, and saw vouchers and food stamps being used to buy plants, to buy dog food, to buy
wine, and I am extremely concerned about giving out $70,000 worth of vouchers. I have no
problem of giving it for food. But I'm scared that vouchers can be sold on a corner for a little
plastic bag of ten dollars. Now, how do you assure me that the system that is being proposed of
vouchers is not going to be abused?
Mr. Castaneda: Commissioners, in that particular case, we only accept nontaxable items, and we
review the ticket tapes for that.
Commissioner Plummer: That's not my Point. I am being told, for example, with food stamps,
and this is basically the same system.
Commissioner Gort: Right.
Commissioner Plummer: OK. That food stamps are sold on the corner for a plastic bag of
crack, ten cents on the dollar. Now, that you know... I can't deal with HRS (Health and
Rehabilitative Services) and the Federal Government. But when you do it on my local level, I
feel a responsibility that in some way, shape or form, I've got to say that it's not going to happen
with my money. Now, I don't know how you can do it, but it's got to be done.
Mr. Castaneda: Commissioner, what we do is that the individual that receives the voucher has to
sign the ticker tape and we check for... to make sure that nontaxable items are included in that
list.
58 April 14, 1994
Commissioner Plummer: They never charge tax for crack.
Mr. Castaneda: No, no, no. But we need it from approved grocery stores.
Mr. Dan Fernandez: There are approved grocery stores in the area that we use. It's Cayard and
Zubi Market, OK.
Commissioner Plummer: OK. Are you comfortable that as far as you can, and as far as you can
go, that this is not going to be abused?
Mr. Fernandez: As far as we've been able to see. We've looked at this very closely also
because it's a concern that we have as the staff. The individual signs an intake receipt at the
agency, when they go to the grocery store we compare the signature between the voucher at the
grocery store and the intake form.
Commissioner Plummer: OK.
Mr. Fernandez: So, as far as we are concerned...
Commissioner Plummer: Look, I'm not an expert in this field, all right. I do know that it's
abused elsewhere. And I'm merely saying to you, I'm going to be watching, you better be
watching. OK.
Mr. Fernandez: At this point, as far as we are concerned, the funds that we have for this
particular program are being expended properly.
Commissioner Plummer: All right. Mr. Mayor.
Vice Mayor Dawkins: Why is it necessary - somebody - to do this?
Mr. Castaneda: I don't understand the question, Commissioner.
Commissioner Plummer: Why...
Vice Mayor Dawkins: OK. Why must you give a voucher...
Commissioner Plummer: Why a voucher instead of meals?
Vice Mayor Dawkins: ...to anybody rather than either going to the store with this individual,
buying what they want, or what have you, why is it necessary that you become the hand -outer,
and I... I mean, I can go to a store, I can ask the guy on the corner what he wants, so he tells me
he wants some food, and I go and buy the food, and transact anything I want, and bring you the
receipt. What difference does it make? I mean, to me, it's something that we don't need.
Somebody explain to me why it's necessary.
Mr. Castaneda: Well, the receipt is returned by the grocery store - correct? - for money.
Commissioner Plummer: Yeah. But Frank, you know, I'm sorry. These grocery stores play
games. OK. Now, you know, as far as I'm concerned, God knows I will give the money to give
them meals. All right. That's part of my long-standing criterion. Or to give them money to buy
the food at this... whatever it is. But to use vouchers which we knowingly know are abused, I've
got a problem with that. I've got to be honest with you. I really got a problem with it.
59 April 14, 1994
Ms. Jackie Michelle Chou: Excuse me, sir. I'm with Legal Services. But the issue that you
raise is very important because we have family...
Commissioner Plummer: Your name for the record.
Ms. Chou: My name is Jackie Michelle Chou, I'm a paralegal with Legal Services.
Commissioner Plummer: Yeah.
Ms. Chou: I'm in Little Haiti area, this is where Legal Services has placed an office for the
Haitian community. I'm not here for the money that you are talking about, I'm just here because
when you say something, you don't think it's important for anybody to have a voucher, I think
it's wrong. Because when you have a voucher in your hand...
Commissioner Plummer: I didn't say that, ma'am. Don't put words in my mouth. I didn't say it
was wrong. I said what was...
Ms. Chou: OK. Let me... Let me rephrase what you said, sir.
Commissioner Plummer: ...wrong is the abuse. And we know it exists.
Ms. Chou: No... Someone said, "Why is it important to give someone a voucher?"
Vice Mayor Dawkins: Instead of... But you are reading into it what you want. OK. You are
reading into this what you want to read in. I said... What I'm saying is, why give them a
voucher instead of giving them the goods and service?
Commissioner Plummer: That's right.
Vice Mayor Dawkins: That's all I'm saying to you. I'm saying that the voucher is useless. If
you want to buy a pound - a loaf of bread - and a jar of peanut butter...
Ms. Chou: Uh-huh.
Vice Mayor Dawkins: ...go get the peanut butter and the bread, and give it to them. Don't give
them a voucher to go get the peanut butter and bread. That's all I said.
Commissioner Plummer: That's right.
Ms. Chou: That's what you said.
Commissioner Gort: It's a good idea.
Commissioner Plummer: All right.
Mayor Clark: Yes.
Commissioner Plummer: At whatever time you are ready, sir, I will indicate those items which I
feel have to go into my fourth category that we'll argue about after the others are in fact taken
care of. I don't want to preclude anybody from having the right to speak.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
60 April 14, 1994
Commissioner Gort: My question is... and this is the first time I sit on this one, and I see it's not
an easy task when you got a request which is six or four million dollars, and they are all well
intended programs, and we only have 2.0. Now, there are certain people in here like the youth,
my understanding is that we are not sponsoring it, we are not supporting many of the youth
programs, the education, we have...
Mr. Castaneda: Very few. We are recommending ASPIRA...
Commissioner Gort: Let me ask a question, is there an alternative? I know there are programs
here that have been funded and it's very difficult to take the money away from someone that is
already providing service, and has been doing it for years to give to somebody new. Is there a
way that you can work with some of these people that got new programs for youth and so on,
direct them to another facility, or another department where they can get these grants?
Mr. Castaneda: Well, we've been working, obviously, with the South Florida Employment and
Training Consortium to see what programs can be sent over there and funded through that
mechanism. And, you know... in the past, you know, the Police Department has, also, in some
crime -prevention programs, has provided some assistance.
Commissioner Gort: OK. So... OK, thank you.
Commissioner De Yurre: Mr. Mayor, if I may?
Mayor CIark: Yes, sir.
Commissioner De Yurre: The Moore Park... fixing the track at Moore Park, do we have those
funds available?
Mr. Castaneda: Well, that park is not being recommended at the present time. However, that's
under the public facilities and improvements section.
Commissioner De Yurre: So we are going to talk about that later?
Mr. Castaneda: Yes.
Commissioner De Yurre: OK.
Commissioner Plummer: Well, everybody is... let's start making motions.
Mayor Clark: All right, let's get some motions here at the floor.
Commissioner Gort: Before we make a motion, one of the things I think we should consider, if
we created the Countywide Advisory Board, and those are individuals that we nominated from
the communities, and they are involve in social services. I think somehow they are not making a
representation here I understand. With some are... the recommendations from the Advisory
Board should be taken into consideration. It's my opinion also.
Mr. Castaneda: Sure.
Commissioner Gort: Because these are the people working for us now.
Mr. McKnight: If I may, again, I'm Irby Martin McKnight, this time I'm wearing a different hat.
I am the chairperson of the Citywide Advisory Board. And I'm here today to ask that you
61 April 14, 1994
support the board's recommendation. And the board members here please stand. We are... we
give of our time, they give us... you name the dollar figure. We had stacks of proposals this high
to read. We read them. We did our homework, we are... This is not a paid position. You do
provide snacks and validate parking. But we are not thrilled about those two entities, but if you
want to thrill us, support our recommendation. Isn't that the reason the communities elect us?
Isn't that the reason you appointed us? I understand that you have the last word here. But I'm
asking that you consider the board's recommendation because we went to these neighborhoods,
we visited these programs which you may not have had the time to do. So we know that these
people are running these programs with a very few dollars, we didn't give them increases. So
that means their staffs can't have cost -of -living raise. So they are definitely putting out beyond
what we are paying for. But one other thing I'd like to bring to your attention, and that is Mr.
Castaneda mentioned the fact that there was a social service cap in the Overtown community
where I live. We met with Representative Meek in December, and we said to her that because of
15 percent social service cap, the City of Miami is not able to address its social service needs
particularly as it relates to the Overtown community. Because if you go down your proposal,
now, with staff recommendation, the 15 percent cap has been used. $25,000 is going to
Overtown. So we feel, in Overtown, that we need to ask the Federal Government to raise the cap
so that after you got all you want for other areas, maybe some will be left and we can change
social conditions.
Commissioner Plummer: Absolutely.
Mr. McKnight: But if you don't see it that way, we will have to abide by your decision because
it's binding, not ours.
Commissioner Gort: I understand, thank you. And I appreciate it, but that's something that you
should consider as a board, I think you should stay a board, and try to come out with those
legislation changes. One of the things that the Mayor and I, and some of the Commissioners
here have been looking at is there needs to be some changes, and if the legislation needs to
change, that's what we are willing to do.
Mr. McKnight: There must be some changes, sir. But I think that this Commission has the
power to make these changes, not this board of neophytes, not this board that has no power.
Commissioner Gort: I think we are saying the same thing, thank you.
Mr. McKnight: Thank you.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: If I may?
Ms. Maine: May I say...
Commissioner Plummer: I would like to recommend the following: in item one...
Mayor Clark: Yes.
Commissioner Plummer: ... if you want to follow me...
Mayor Clark: All right.
62 April 14, 1994
Vice Mayor Dawkins: Hold it, now. We are altering the recommendations...
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: ...of the board and of staff.
Commissioner Plummer: In some cases...
Vice Mayor Dawkins: This Commission... No, I just need to know what we are doing.
Commissioner Plummer: OK. In some cases, one or the other, and in some cases both.
Vice Mayor Dawkins: OK. But we...
Commissioner Plummer. All right.
Vice Mayor Dawkins: But we are, as Mr. McKnight said, they spent time on this, and we are
going to now make our recommendation.
Commissioner Plummer: I will be making my recommendation, and for all of the years that I
have sat here, they have known where I stand, and what the three criteria that I said. Now, I
respect their right to set the criteria as they see fit, and I hope they respect my right to set the
criteria as I see fit.
Mayor Clark: Proceed.
Commissioner Plummer: I would make the following recommendation of change, Mr. Mayor.
Number one - item one - you cannot ask of giving all of these programs and not give an increase
of cost to bring the people to these programs for the meals and for the groceries, that a 10 percent
increase be given there. Now, these are my recommendations. They might not fly. The second
recommendation that I make is...
Vice Mayor Dawkins: Just a minute, Mr.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: Would you hold it, Mr. Mayor, please.
yCommissioner Plummer: Surely.
i
Vice Mayor Dawkins: Mr. Manager, you got Mr. Surana and somebody in here with a
calculator? Because as we take 10 percent here, 10 percent there, 15 percent there, I need to
know what total dollars you are talking about, and where you are going to shift them from, and
to...
Commissioner Plummer: Well, I...
Vice Mayor Dawkins: No, wait a minute... Now hold it. You said for your edification, and
your... this is what you need. For mine, this is what I need.
Commissioner Plummer: Well, I rounded it off for $330,000.
i
Vice Mayor Dawkins: OK, $330,000. That's what we are shifting?
63 April 14, 1994
Commissioner Plummer: That's... Rounded off. Yeah, that's fine.
Vice Mayor Dawkins: We are shifting. OK. Good, you don't need anybody. Thank you.
Commissioner Plummer: OK. The problem is that if you don't provide an increase, the increase
in the cost will decrease the number of participants that can enjoy the programs which we are
providing.
Vice Mayor Dawkins: J.L., I'm with you...
Commissioner Plummer: This is the transportation,
Vice Mayor Dawkins: ...I understand...
Commissioner Plummer: OK.
Vice Mayor Dawkins: ...that the program that you are talking about, gas went up, tires went up...
Commissioner Plummer: Right.
Vice Mayor Dawkins: ...batteries went up, the cost of living for the people went up. But I just
need to know where we are going to take it from when you get finished, that's all I need.
Commissioner Plummer: All right, sir.
Mayor Clark: We got to get a funding source. We got to find out where this money is coming
from.
Commissioner Plummer: Item number 30, I have already spoken to, and that is the multiplier for
medical services of nine to one that we reinstate the $67,745. The Useful Aged do a tremendous
job, and I think they provide the food actually there without vouchers, and I think that we need to
restore them to their previous level of $60,000. And it's only an $11,000 increase. Thank you.
Unidentified Speaker: Thank you very much.
Commissioner Plummer: Thank you, mother-in-law.
Mayor Clark: OK.
Commissioner Plummer: The only other one that I have, Mr. Mayor, is Southwest Social
Services Program, I think that that, being the only program in the area out there of Flagami,
L deserves attention, and I would increase that to $75,000 or a $6,000 increase. Now, the next
f problem... that's all that I propose as far as increases are concerned. Georgia, what is your
! program that you are here for?
Ms. Georgia Ayers: The same... you've been giving the same funding for the past six years, the
$50,000.
Mr. Castaneda: Item three, Alternative Program.
Commissioner Plummer: Yeah.
Mayor Clark: Item three.
64 April 14, 1994
Commissioner Plummer: Well, see, that doesn't...
Ms. Ayers: I would like if you can...
Commissioner Plummer: Georgia, right now... we've taken care of you in other ways, and we'll
do that in the future. But from this particular money, you are not providing food for the elderly,
you are not providing medical, you are not providing daycare. You are providing a very fine
service, but my criteria you know. We found money for you last year, and I'm sure we are going
to find it again. But not from this source.
Ms. Ayers: As long as you don't cut me out. That's all I want to know.
Mr. McKnight: Commissioner Plummer, sir.
Commissioner Plummer: Let me conclude by saying...
Mayor Clark: Now, please, let me say this first of all. This is the budget for all of us to
discuss...
Commissioner Plummer: Of course.
Mayor Clark: This is Mr. Plummer's idea.
Commissioner Plummer: I'm giving you my ideas.
Mayor Clark: Understand that.
Commissioner Plummer: OK. Mr. Mayor.
Mayor Clark: Don't get into any arguments, all right.
Commissioner Plummer: You can do it in many ways as we have done in the past. Number one,
you can give whatever that total is of what my proposals are, and you can spread across the rest
of the board. Or, in my estimation, you can take from programs that do not meet the criteria of
food, medical, and daycare.
Mayor Clark: Got you.
Commissioner Plummer: It's up to this Commission to make that decision.
Mayor Clark: Right, sir.
Commissioner Plummer: Bit that's where I'm at for my...
Mr. McKnight: Commissioner Plummer, sir.
Mayor Clark: Please.
Mr. McKnight: Would you...
Mayor Clark: Please, no, no, no. Please.
Vice Mayor Dawkins: You are out of order.
65 April 14, 1994
Mayor Clark: This is finished. She's making statements.
Mr. McKnight: OK.
Mayor Clark: What is your... let me hear from you, Irby.
Mr. McKnight: OK. Since you think that there should be an increase in the programs that
provide service of food to the elderly, and we do agree with you, don't leave out the James E.
Scott Community Association that serve the black elderly.
Commissioner Plummer: We've always done James E. Scott.
Mr. McKnight: Yeah, but you did not just give them an increase like you just did the others.
Mayor Clark: OK. Can you wait until all this Commission gets finished?
Mr. McKnight: Sure.
Mayor Clark: All right. JESCA (James E. Scott Community Association).
Commissioner Plummer: And I have no problem with that.
Mr. McKnight: You have to say it.
Commissioner Plummer: Mr. Mayor, I will say it. They are asking for a $5,000 increase, and
that is for the food, I have no problem with including that in.
Mayor Clark: All right, fine. Mr. Gort.
Commissioner Gort: I'll pass.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: I'm just listening.
Mayor Clark: Mister.
Vice Mayor Dawkins: Hold on.
Mayor Clark: Tell him you'll see him at the movies. What changes you got?
Vice Mayor Dawkins: None. I mean...
Mayor Clark: All right.
Vice Mayor Dawkins: OK. Mr. Mayor, I don't have any because all I'm going to do is make
some people angry, and I'm going to make some people happy. If I don't give this one, they are
going to say, "Well, I worked in your election, and they didn't. I did more than that one." The
staff made a recommendation, I pay staff to make that recommendation and take the heat.
Therefore, I will not make - I will not sponsor any changes to staff and the board's
recommendation.
Mayor Clark: Well, I'm going to offer some changes, and this is to come from the
Administration fund. Do you understand? The Administration fund.
66 April 14, 1994
Unidentified Speaker: Yes, sir.
Commissioner Plummer: All $11,000?
f
Mayor Clark: Got it?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: Don't worry about it. I've got better ways. Ten thousand dollars to the Homeless
Better Way Fund, the Better Way.
Commissioner Plummer: Wait, wait, wait.
Mayor Clark: Ten thousand, additional.
Commissioner Plummer: Number 7.
Mr. Castaneda: I need the list.
Commissioner Plummer: You are talking about making it twenty.
Mayor Clark: Yeah. Ten thousand administration to the St. Agnes Rainbow Village Care
Program from the Administration fund.
Commissioner Gort: Which item is that?
Commissioner Plummer: Which item?
Mayor Clark: It's down here somewhere. We are shifting. Item...
Mr. McKnight: Number 46.
Commissioner Gort: Forty-six.
Mayor Clark: Forty-six.
Commissioner Plummer: And you want to increase that to what, from zero to what?
Mayor Clark: By $10,000. Ten thousand dollars to the Overtown... I mean $20,000 to the
Overtown Optimist Youth Program, $20,000.
Commissioner Plummer: Overtown.
Mayor Clark: That from the Administration's Fund.
Commissioner Plummer: How much?
Mayor Clark: Twenty.
i
Unidentified Speaker: Twenty.
Mayor Clark: Twenty thousand dollars administration... Centro Mater Teen Outreach Programs.
j She was here this morning.
67 April 14, 1994
Commissioner Plummer: Twenty.
Mayor Clark: Yeah.
Mayor Clark: They asked for forty, I think. Fifteen thousand dollars administration funds...
from the Administration Fund for the Association for the Development of the Exceptional, which
is a good program.
Commissioner Plummer: What number?
Mayor Clark: Where is that? What number is that?
Mr. Castaneda: Item 5.
Commissioner De Yurre: How much is that?
Mayor Clark: Fifteen thousand dollars additional. If you knew what this was, this is a hell of a
program. And $15,000 addition for Wynwood, the ASPIRA Fund...
Vice Mayor Dawkins: OK.
Mayor Clark: ...of Florida.
Vice Mayor Dawkins: OK.
Mayor Clark: I'm going to ask one question, I want to... how much money are you short for this
year? Fifteen thousand dollars?
Vice Mayor Dawkins: ASPIRA.
Mayor Clark: Rojas.
Unidentified Speaker: Me?
Mayor Clark: Yeah. To fund you for the rest of the year.
Mr. McKnight: All right, he...
Mayor Clark: No, no.
Mr. McKnight: He stepped out.
Mayor Clark: Mr. Rojas.
Mr. McKnight: Oh, there he is up there.
Mr. Rojas: Fifteen thousand.
Mayor Clark: Fifteen thousand.
Vice Mayor Dawkins: There he is up there, Mr. Mayor.
Mr. Castaneda: No, but that is economic...
68 April 14, 1994
Mayor Clark: Chairman, ASPIRA, fifteen for that, that's all right.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: Don't worry, I haven't got it passed yet. How much do they need to finish out
this year's program?
Commissioner Plummer: Forty.
Mr. Castaneda: Which program, Commissioner?
Commissioner Plummer: Seventy.
Mayor Clark: Little Havana.
Vice Mayor Dawkins: ASPIRA
Mr. Castaneda: Little Havana Development Authority or ASPIRA?
Mayor Clark: Little Havana.
Mr. Castaneda: That's under Economic Development, Commissioner. That will be $50,000
divided by four...
Commissioner Gort: He's talking about Latin Quarter.
Mayor Clark: Latin Quarter.
Mr. Castaneda: Twelve thousand...
Commissioner Plummer: No, that's not out of this one.
Mr. Castaneda: ...five hundred. But that's under Economic Development.
Commissioner Plummer: That's not out of this money.
Mayor Clark. It is up on this, right.
Mr. Castaneda: Yeah, it has nothing to do with this item.
Commissioner Plummer: That's out of a different money.
Mayor Clark: ASPIRA, $15,000 additional for Wynwood.
Vice Mayor Dawkins: OK.
Mayor Clark: OK. That's mine... out of the Administration fund.
Commissioner Plummer: What's the Administration fund?
Mayor Clark: The federal fund for administration, and you look at it closely as I have.
69 April 14, 1994
Commissioner Plummer: All right.
Mayor Clark: And you'll find out it is a far different situation than we understand.
Ms. Frankie Rolle: Mr. Mayor.
Mayor Clark: What is it, ma'am?
Ms. Rolle: My name is Frankie Rolle, and I'm the vice chair of the Advisory Board. Oh, the
Advisory Board recommended funding for Regis House, and nobody said anything about giving
any money to Regis House.
Vice Mayor Dawkins: Well, everybody is going by their own feelings, Mrs. Rolle.
Ms. Rolle: Yes.
Vice Mayor Dawkins: You got anything, sir? ,
Mayor Clark: Yes, ma'am. What did you have? You were here once before.
Ms. Mitchell: Yes, I just want to reiterate something. I've been feeding the homeless, as I said,
for quite sometime, and I plan on doing it on Memorial Day again, Overtown here. But with the
exception for the Camillus House and other small agencies as far as giving me the food, as I said,
no one ever supports me or give me anything. And I'm just asking that you all please reconsider
helping me out for this mission, as far as the homeless is concerned, because I've been doing it
for 85 and this is a continuous thing.
Mayor Clark: All right.
Ms. Mitchell: Thank you.
Vice Mayor Dawkins: Mr. Mayor, May I? I didn't want to make any changes, and I don't plan
to, but would you raise the money for the Overtown Optimist to $40,000, that's what they had
told me they need.
Mayor Clark: What? They're going to raise it twenty?
Mr. McKnight: Their proposal was for $50,000, they have a volunteer staff, they have seven
hundred children...
Vice Mayor Dawkins: You are out of order, sir.
Mayor Clark: Wait, please.
Vice Mayor Dawkins: You are out of order.
Mr. McKnight: ...and no program.
Vice Mayor Dawkins: You are out of order, sir.
Mayor Clark: Very well. We raise it 20,000. I move 20,000. What do you have now?
Vice Mayor Dawkins: We don't have anything now. What did they get? What did Overtown...
Mr. Castaneda, what did the Overtown... what did we award the Overtown Optimist?
70 April 14, 1994
1
Mayor Clark: Now, twenty.
Vice Mayor Dawkins: Wait a minute.
Mr. Castaneda: They requested $50,000, they have no allocation.
Vice Mayor Dawkins: No allocation?
Mr. Castaneda: They were not recommended by the board or by staff.
Vice Mayor Dawkins: So, if that's the... make it forty. You take out forty. All right.
Mr. Castaneda: Mr. Mayor.
Vice Mayor Dawkins: All right.
Mayor Clark: Yes.
Mr. Castaneda: Twenty.
Commissioner Gort: Let me tell you...
Mr. Castaneda: Oh, the Mayor recommended $20,000, I'm sorry.
Vice Mayor Dawkins: Make it forty.
Commissioner Gort: Since this is my first time around this thing, I know I'm going to make a lot
of people happy, and a lot of people unhappy, and happy, and so on.
Commissioner Plummer: Welcome to...
Commissioner Gort: But I also have a lot of belief that if we give some assignments to our
citizens, we should follow it. I would stay with the board's recommendation. That's my
opinion.
Commissioner De Yurre: Mr. Mayor, I'm going to stay with the board's recommendation except
for one. So, if just... I'm going to sin once only, and that's item 29, Little Havana Activity and
Nutrition Center, an additional $15,000.
Commissioner Plummer: Well, let me tell you. We are $229,000 over what we got.
Unidentified Speaker: Get to the bottom line.
Mayor Clark: Please.
Commissioner Plummer: If we got the money, let's spend it.
Mayor Clark: Please.
Vice Mayor Dawkins: I beg your pardon, sir? What? It was under your breath.
Commissioner Plummer: OK. I'm saying that the Mayor's proposals - well, everybody that
chipped in on the Mayor's proposals - come to an additional...
71 April 14, 1994
Mayor Clark: Well, what about yours?
Vice Mayor Dawkins: What about yours?
Commissioner Plummer: Well, I'll get to it. Give me time.
Vice Mayor Dawkins: No, put it all together now. Don't single us out.
Commissioner Plummer: I'm trying to, I told you the two hundred... the two hundred and
twenty... let me give it to you.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Those proposals recommended by the Mayor recommend an
additional $120,000.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Those recommended by me are $114,000.
Vice Mayor Dawkins: OK.
Commissioner Plummer: And that by Commissioner De Yurre is $15,000.
Vice Mayor Dawkins: Right.
Commissioner Plummer: Or a total of two hundred and forty-nine.
Vice Mayor Dawkins: Two hundred...
Mayor Clark: I want mine to come from the Administration fund of the CDBG (Community
Development Block Grant).
Vice Mayor Dawkins: Yeah. Now, where is yours coming from?
Commissioner Plummer: That's fine if there is that fund there, I'll take it from wherever.
Vice Mayor Dawkins: But where is yours coming from? Where are the ones that you made are
going to come from?
Commissioner Plummer: The same place.
Mayor Clark: Same place.
Vice Mayor Dawkins: All right, no problem, good.
Mayor Clark: We'll find it.
Vice Mayor Dawkins: You see, let's let the public know what the Mayor is saying. The Mayor
is saying - and if I'm in error, correct me, Mr. Mayor - do not take any money from the programs
that are funded. Go into the administration.
Commissioner Plummer: What is the administration?
72 April 14, 1994
.,,N
Vice Mayor Dawkins: Take money from administration, and add to the money that's already
giving services with, so that they do not have to reduce services. Now, that's what the Mayor
said.
Mayor Clark: He's exactly right.
Commissioner Plummer: Mr. Mayor...
Mr. McKnight: That's what the board said.
Ms. Rolle: That's what the board said, but they said that they had to cap the social services at 20
percent.
Commissioner Plummer: ...I'm ready to make a motion to approve the changes as recommended
by this Commission, and that of the staff, and the board. I'm ready to move it.
Commissioner De Yurre: The motion is to accept the City's recommend... the staff's
recommendations with these changes.
Commissioner Plummer: The 249,000 plus the others, the changes that were made by the
Mayor, myself...
Commissioner De Yurre: That's right.
Commissioner Plummer: ...yourself.
Commissioner De Yurre: You so move, I so second.
Commissioner Plummer: I so move.
Mayor Clark: Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
73 April 14, 1994
MOTION NO. 94-245
A MOTION ACCEPTING STAFF'S RECOMMENDATIONS IN CONNECTION
WITH PROPOSED ALLOCATION OF TWENTIETH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS IT CONCERNS THE
CATEGORY OF "SOCIAL PROGRAMS," AS MORE FULLY OUTLINED IN
THE COMMUNITY DEVELOPMENT DEPARTMENT'S REPORT; FURTHER
DIRECTING THE ADMINISTRATION TO INCORPORATE THE FOLLOWING
MODIFICATIONS:
(1) ACTION COMMUNITY CENTER, INC. [#1*] - (INCREASE BY
$21,500 - FOR A TOTAL FUNDING OF $330,000);
(2) LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTERNEDICAL SERVICES [#30*] - (ALLOCATE $67,745 - FOR
A TOTAL FUNDING OF $67,745);
(3) THE USEFUL AGED ASSOCIATION [#49*] - (INCREASE BY
$10,800 - FOR A TOTAL FUNDING OF $60,000);
(4) SOUTHWEST SOCIAL SERVICES [#44*] - INCREASE BY $6,000 -
FOR A TOTAL OF FUNDING OF $75,323);
(5) JESCA ELDERLY PROGRAM [#22*] - (INCREASE BY $5,000 - FOR
A TOTAL FUNDING OF $107,785);
(6) BETTER WAY OF MIAMI [#7*] - (INCREASE BY $10,000 - FOR A
TOTAL FUNDING OF $20,000);
(7) ST. AGNES RAINBOW VILLAGE/CHILDCARE [#46*] - (ALLOCATE
$10,000 - FOR A TOTAL FUNDING OF $10,000);
(8) OVERTOWN COMMUNITY OPTIMIST CLUB [#40*] - (ALLOCATE
$40,000 - FOR A TOTAL FUNDING OF $40,000);
(9) CENTRO MATER/TEEN OUTREACH [#9*] - (ALLOCATE $20,000 -
FOR A TOTAL FUNDING OF $20,000);
(10) ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL
[#5*] - (ALLOCATE $15,000 - FOR A TOTAL FUNDING OF $15,000);
(11) ASPIRA OF FLORIDA [#4*] - (INCREASE BY' $15,000 - FOR A
TOTAL FUNDING OF $45,000);
(12) LITTLE HAVANA ACTIVITIES AND NUTRITION CENTER [#29*] -
(INCREASE BY $15,000 - FOR A TOTAL FUNDING OF $278,927);
(13) HISPANIC COALITION [#55*] - (INCREASE BY $15,000 - FOR A
TOTAL FUNDING OF $25,000);
FURTHER DIRECTING THE ADMINISTRATION TO INCORPORATE THE
HEREINABOVE MODIFICATIONS INTO THE CDBG - 1994-1995 PROGRAM.
[*Note: The number in parenthesis at the end of the agency's name (followed by the
asterisk) designates the number which was assigned to the project in the report
entitled: "Community Development 1994-1995" which is part of Ordinance 11136
appropriating total monies received from HUD concerning CDBG (twentieth year)
funding.]
74 April 14, 1994
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Ms. Matty Hirai (City Clerk): Commissioner Gort, are you voting on this, Commissioner?
Commissioner Gort: Would you repeat. I don't know what...
Commissioner Plummer: The motion is to approve what everyone has recommended plus the
changes recommended. It doesn't deny anybody or take anything from anyone that was
recommended.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Plummer: Yeah, that's what the motion is.
Ms. Hirai: We need to read the...
A. Quinn Jones III, Esq. (City Attorney): The ordinance.
Ms. Hirai: Yes, please.
Mayor Clark: All right, it's a motion.
Commissioner Plummer: We did everybody.
Mayor Clark: Second. Call the roll, Madam Clerk.
75 April 14, 1994
AN ORDINANCE -
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.
Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11136.
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: Are we going to do housing and economic development?
Mayor Clark: Not now, not now. We are... Just wait a minute. Let the people clear the room
that were here for the other item.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: What I was going to recommend, that's all we are going to be able to
take up by lunch, and anybody here not for those remaining two items ought to go home, and
come back at 2:30.
Vice Mayor Dawkins: We'll be taking 7, 7-A.
Unidentified Speaker: Mr. Mayor.
Vice Mayor Dawkins: And 7-C. That's about all that we can do.
Unidentified Speaker: I'm in item 26.
76 April 14, 1994
Mayor Clark. What?
Unidentified Speaker: Item 26, that's why I'm here. I don't know.
Mayor Clark: No, no. Wait, wait. You'll have to wait. Seven -A.
Commissioner Plummer: Oh, we are not going to finish out the Community Development, Mr.
Mayor?
Mayor Clark: Yeah, J.L.
Mr. Jones: Which one?
Mr. Castaneda: We were in the board's recommendations.
Commissioner Plummer: No, I'm asking, Mr. Mayor.
Mayor Clark: All the persons that have already been affected by the action that was taken,
please leave the room, quietly. Give everybody a chance to breathe.
Commissioner Plummer: Frank, in item 6, aren't there other segments that we have to address
such...
Mr. Castaneda: Yes.
Commissioner Plummer: ...as housing, and economic development?
Mr. Castaneda: Yes. That's correct.
Commissioner Plummer: That's what I was saying, Mr. Mayor, in item 6.
Mayor Clark: All right, fine.
Commissioner Plummer: And I need a five-minute break.
Commissioner Gort: Second.
Vice Mayor Dawkins: Six. Item 6, what did I do with 6?
I Mayor Clark: All right. Please, now, don't all gang up, here. Please. All right, Frank, on this...
Mr. Castaneda: Yes, sir. Yes, Mayor.
Mayor Clark: Let's have some quiet. Now, please take your seat, if there is one available, if not,
please, stand out in the hall. Folks, please have a seat, just don't stand up there and gang up. It
looks like you are trying to run the races for us. Please have a seat over there, and relax for a
minute. Have a seat.
Unidentified Speaker: All right.
Mayor Clark: All right, fine. Now, Frank, go ahead. The Allapattah Business Development.
Mr. Castaneda: Right. Commissioners, basically, in the economic development
recommendations, staff is recommending to have $900,000 set aside for the community based
77 April 14, 1994
organizations, and that we will come at a later date, before the July beginning of the fiscal year,
with specific recommendations on the community based organizations. What we will be
proposing will be to fund the organizations differently depending on their productivity level, and
thereby, there will be different recommendations for different community based organizations.
Mayor Clark: All right. Proceed. The Allapattah Business Development Authority.
Mr. Castaneda: Right. All those things will be included in item 22 which is the Economic Area
Funding and Incentive Plan, and all those community based organizations will be recommended
for funding out of that, and we'll be comin T at a separate date for that. The only items that we
are dealing with, at the present time, is 150,000 for commercial facade, $250,000 for the
Department of Development, $200,000 for Miami Capital Development Inc. for the revolving
loan fund, $250,000 for the administration of that, and $225,000 for the City of Miami Jobs
Development Program.
Mayor Clark: Well, what... the recommendations you have are only for the...
Mr. Castaneda: Right, on the community based organization, we'll be coming back at a later
date, and we'll be making specific recommendations on each community based organization
depending on the productivity that they had for this year. Depending on that productivity, we'll
be recommending different amounts. The more productive the CBO (Community Based
Organization), the more money that will be recommended for funding.
Mayor Clark: What action do you want us to take on this?
Mr. Castaneda: Well, I want you to approve this, if that's OK with you, as to the specific CBOs,
we will be coming back during the contract negotiation process.
Mayor Clark: Need anybody appear now and make requests, or what?
Mr. Castaneda: I believe that everybody is happy with this issue as it is, and I don't believe that
there are any complaints. And if there are...
Mayor Clark: Is everybody happy with this item?
Commissioner Plummer: What is this on? Which segment?
Ms. Matty Hirai (City Clerk): Your name.
Ms. Bettina Rodriguez-Aguilera: OK. Can I talk? I'm... My name is Bettina Rodriguez-
Aguilera, and I'm from the New Woman's Entrepreneur Center. I was not recommended with
the board's decision. I would like to know... I don't understand what is going on here.
Mr. Castaneda: Now. What we are saying is that the community based organization that are to
be funded, will be made at a separate date. However, in your particular case, since we are going
on a strategy of funding community based organizations for target area, I will tell you now that
our recommendation would be "no" in your particular case because we are funding, by target
areas, agencies that will serve the whole target area, and not a specific group.
Ms. Rodriguez-Aguilera: OK.
Mayor Clark: Do you understand?
Ms. Rodriguez-Aguilera: So that means that they are not recommending the New Woman
Entrepreneur Center, so thereby, I can't appeal to you for funding?
78 April 14, 1994
Mayor Clark: Have you made an application, yet?
Mr. Castaneda: Yes.
Ms. Rodriguez-Aguilera: Yes, I have.
Mayor Clark: Have you appeared before Mr. Castaneda?
Mr. Castaneda: Right.
Mr. Rodriguez-Aguilera: Yes, I have.
Mr. Castaneda: She has.
Mayor Clark: And you haven't recommended it?
Ms. Rodriguez-Aguilera: No.
Mr. Castaneda: That's correct. However, if she wants to appeal at a later time when we come
with how we are going to divide the $900,000, she can do that.
Mayor Clark: That's what you do, at a later time, when we have the $900,000 to divvy up.
Ms. Rodriguez-Aguilera: Yes.
Commissioner De Yurre: But, Mr. Mayor, Frank just said that she would not apply.
Mr. Castaneda: Well, no, no. What I'm saying is that she did apply, and I'm telling... I'm being
up front and saying that we will be making recommendations by target areas, and we'll be
making a negative recommendation in her particular case. However, the time for her to discuss
this issue is when we come with that recommendation.
Commissioner De Yurre: OK. But my question is, what she is requesting, does it come under...
Mr. Castaneda: Yes.
Commissioner De Yurre: ... the funding for the CBOs?
Mr. Castaneda: That's correct.
Commissioner De Yurre: It's under that category?
Mr. Castaneda: Yes, it is, Commissioner.
Commissioner De Yurre: So, then the... what you need to understand is would you rather that
we dip into the total package right now, and give her something, or that we dip into the 900,000
at a later date?
Mr. Castaneda: What I am saying is at a later date.
Commissioner De Yurre: You rather that we dip into the 900,000, as opposed to taking part of
j the whole two million dollars?
79 April 14, 1994
Mr. Castaneda: Right.
Mayor Clark: All right.
Commissioner De Yurre: You are sure about that?
Mr. Castaneda: No, what I'm saying is...
Commissioner De Yurre: Well, no, no...
Mr. Castaneda: ...that I will be coming back to you, based on the productivity of the community
based organizations...
Mayor Clark: It's 900,000.
Mr. Castaneda: ...and making recommendations. There will be moneys allocated at that time,
and at that time, she can say, "Well, you are not recommending me for funding, and I want some
funding."
Commissioner De Yurre: OK. The bottom line is that it's better, for example, if we give her
like $20,000 today. That $20,000 out of two million is a lot better than 20,000 out of 900,000 at
a later date.
Mr. Castaneda: That's up to you, Commissioner.
Commissioner De Yurre: No, no. That's why I'm saying, would you rather us take care of this
right now?
Commissioner Plummer: Steve.
Mr. Carlos Smith (Assistant City Manager): I think we would rather treat all of the CBOs at the
same time, and equally.
Commissioner De Yurre: OK. Fine.
Ms. Rodriguez-Aguilera: OK, then it has to be on a later date.
Commissioner De Yurre: OK.
Mayor Clark: Are there persons here interested in waiting on the port expansion problem
coming up in question today? Are there?
Commissioner Plummer: It will not be heard until a minimum of 2:30, Mr. Mayor.
Mayor Clark: Two -thirty.
Commissioner Plummer: Yeah.
Mayor Clark: We hear that at 2:30.
Commissioner Plummer: That's very good.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
80 April 14, 1994
N
Commissioner De Yurre: Do we need a motion on this?
Mayor Clark: Yes.
Commissioner Plummer: On economic development?
Mr. Castaneda: Yes.
Commissioner De Yurre: Yeah.
Mr. Lorenzo Rodriguez: Mr. Mayor, Lorenzo Rodriguez, executive director Edgewater
Economic Development. I guess Mr. Castaneda is... there is also the question whether
Downtown... I'm sorry, item 5, the Department of Development, Overtown Park
Redevelopment, $250,000 which was not recommended by the staff... which was recommended
by the staff, but was not recommended by the board, and added to item 22. And that is the
decision you would have to make on this particular item. Whether there would be more money
available for all the CBOs applying at the time.
Mayor Clark: We'll make that decision.
Commissioner Plummer: Well, Mr. Mayor, I guess I have to ask. Under Community
Development, this is economic development. Are there any changes being proposed?
Commissioner Gort: Not so far.
Mayor Clark: Not so far.
Commissioner Gort: Frank has made his presentation, and he... I know changes haven't been
made by anyone.
Commissioner Plummer: What... are we doing anything for Edgewater?
Commissioner Gort: No.
Commissioner Plummer: No.
Commissioner Gort: What he saying is, my understanding - and correct me if I'm wrong - that
he's got the CBDGs (Community Development Block Grant) here to receive $50,000. He wants
to consider those at a later time with these $900,000.
Mr. Castaneda: Right.
Commissioner Gort: Before they recommend it.
Mr. Castaneda: Right, I have $900,000 for them.
Commissioner Gort: They want to see what the performance and the track record of
performance is before they can go ahead and...
Commissioner Plummer: Where is the 500,000 you speak of for Edgewater coming from?
Mayor Clark: Nine hundred thousand.
81 April 14, 1994
Commissioner Gort: I don't know.
Mr. Rodriguez: No, what I was saying, Commissioner, is the other item differs for board and
staff recommendation. Item number five of economic development which was added by the
board to the overall pool.
Commissioner Plummer: That's Overtown Park West, sir, that's not you.
Commissioner Gort: Right.
Mr. Rodriguez: No, I was saying... I was addressing the item with a total amount of money
available to the CBOs...
Mr. Castaneda: Right.
Mr. Rodriguez: ...for the later date.
Mr. Castaneda: Yeah, well, what he is saying, Commissioners, is that the board, as I mentioned,
did not recommend the funding of the Department of Development, and the board recommended
that that 250 will be put into the Economic Area Fundings. So, that's why it goes from 900,000
to $1,150,000. What the board is saying there is that that money should come from the general
fund. The Administration is saying that we do not have any money to do that, and therefore, we
shouldn't.
Commissioner Plummer: All right.
Commissioner Gort: OK.
Commissioner Plummer: So, you think they are covered?
Mayor Clark: All right. What is it, Florentino?
Commissioner Gort: We are not dealing with their item now.
Mr. Castaneda: This is another item.
Mayor Clark: Yeah, we might.
Mayor Clark: This is Little Havana...
Commissioner Plummer: That's here.
Mayor Clark: ...Authority, is that it, Development Authority?
Commissioner Plummer: Number 11.
Mr. Florentino Perez: Latin Quarter Association.
Mayor Clark: Latin Quarter Association.
Commissioner Gort: That...
Mayor Clark: How much are you short this year from the rest of the year?
82 April 14, 1994
Commissioner Plummer: Oh, yeah.
Mr. Perez: Fifteen thousand, right?
Mayor Clark: Twelve thousand five hundred dollars.
Mr. Elio Rojas: Yes, it's about twelve thousand and something.
Mr. Castaneda: Two hundred and fifty, no? Twelve thousand two hundred and fifty.
Mayor Clark: You were funded up to this time. They were funded for $50,000 last year, right?
Mr. Castaneda: That's correct.
Mr. Rojas: Right.
Mayor Clark: They've been funded for three quarters now you cut them off.
Mr. Castaneda: That's correct.
Mayor Clark: If we can fund... can we fund it for the rest of the quarter?
Commissioner Gort: Excuse me, Mr. Mayor, I think that's another item. This is item...
Mr. Castaneda: That's...
Commissioner Gort: It's another item in the agenda.
Mr. Castaneda: That's item 26.
Commissioner Plummer: That's item 28. This is for the future. They are asking for the past.
Mayor Clark: That's right.
Commissioner Gort: Theirs comes later. It's not this item.
Commissioner Plummer: Well, the question has to still remain. The reason they were not
funded for the last quarter was, as your indication that they had not complied with all the rules
and the regulations, whatever they may be. Now, are you telling me that you think that they
have now complied?
Mr. Rojas: Yes.
Commissioner Plummer: Well, I'm asking them because they are the ones...
Mr. Rojas: I'm sorry. I'm sorry.
Commissioner Plummer: ...who made the statement previously. Because I don't think you can
ask me to vote favorably on an organization, whoever they might be, if they haven't been in
compliance in the past. That would be ludicrous.
Commissioner Gort: You see, J.L., my understanding is that that is a separate item.
Commissioner Plummer: No, no, no. Don't ask me to give them $50,000 for this coming year...
83 April 14, 1994
Commissioner Gort: We are not considering that now.
Commissioner Plummer: ...if... Yes, you are.
Mr. Castaneda: No. No, Commissioner.
Commissioner Plummer: Yes, you are.
Mayor Clark: No, that's not...
Commissioner Plummer: Yes, you are.
Mr. Castaneda: That's why we had the $900,000 in a pool, and will be discussed...
Commissioner Plummer: Sir, eleven! Item 11, what does that say in the plain, broad English?
Mr. Castaneda: Right.
Commissioner Plummer: Latin Quarter Association.
Mr. Castaneda: Correct. But we are recommending no funding, and that funding is in item 22
which is the $900,000.
Commissioner Plummer: OK. All right, I still want to know. Are they in compliance or not?
Mr. Castaneda: I...
Commissioner Plummer: It's just a simple question.
Mr. Pablo Perez -Cisneros: Well, Commissioners, according to your own directive, they are not
in compliance as of February 15, we were supposed to present five projects.
Commissioner Plummer: OK. Are all of the rest that we are considering today in compliance?
Mr. Perez -Cisneros: Yes, sir, they are.
Commissioner Plummer: Thank you.
Mr. Perez -Cisneros: Except New Washington Heights, also.
Commissioner Plummer: Wait a minute now. Don't give me that "except." Then tell me, are
you recommending Washington Heights?
Mr. Perez -Cisneros: No, sir, we will not be recommending Washington Heights.
Commissioner Plummer: New Washington...
Mr. Smith: Commissioner, Commissioner Plummer.
Commissioner Plummer: OK.
Mr. Smith: At this point in time, we are not recommending any anyone of them, yet, for next
year.
84 April 14, 1994
Commissioner Plummer: OK.
Vice Mayor Dawkins: But New Washington Heights nor Little Havana, either ones.
Mr. Perez -Cisneros: Commissioners...
Vice Mayor Dawkins: You are not... Wait a minute, we are talking to... let me talk to him.
Mr. Smith: On this one issue, right now, we are not recommending any CBO for funding,
specific funding, right now for next year.
Vice Mayor Dawkins: Do you still... or do you plan - I guess that's what we have to say, J.L.
Mr. Smith: Yes.
Vice Mayor Dawkins: Do we plan to recommend this organization and New Washington
Heights?
Mr. Smith: No.
Mr. Castaneda: No.
Vice Mayor Dawkins: Neither one of them?
Mr. Smith: That's correct.
Vice Mayor Dawkins: OK. That's all. I just needed... I want you to be consistent, that's all.
Mr. Rojas: Are you talking about for next year?
Vice Mayor Dawkins: Just as long as you are consistent, you've got me.
Mr. Castaneda: That's correct. That's correct.
Mayor Clark: Have they lived up to the question that you asked them? Could they get their
books straight? You said...
Mr. Rojas: I guess that we need an explanation. We have all... the papers are done. Everything
is in order, and...
Commissioner Plummer: Well, that's item 28.
I Mr. Rojas: There are no...
Mr. Smith: That's item 26.
Mayor Clark: OK. That's another one.
Mr. Rojas: I got it approved.
Mayor Clark: That's another one. Hold on to it. Sit down, relax.
85 April 14, 1994
Commissioner Plummer: Mr. Mayor, I would suggest over the lunch period, since that is item
28 which will be discussed in the afternoon, that they meet with this group here prior to item 28
coming before us.
Mr. Castaneda: Twenty-six.
Commissioner Plummer: And let's try and resolve it. They are saying one thing, they are saying
another...
Mayor Clark: We are not going to fight up here.
Commissioner Plummer: Just find out where the truth is.
Mayor Clark: Very good. What do we got here now?
Commissioner Plummer: I'll move the Economic Development as recommended.
Commissioner Gort: Second.
Mayor Clark: Second. All right, Madam Clerk. Read the ordinance.
Vice Mayor Dawkins: Which recommendations, the staff's, or Board's, or the ones by both of
them.
Commissioner Plummer: I'll go with the staff.
Commissioner Gort: That takes care of both.
Mayor Clark: All right.
Mr. Jones: I already read it.
Mayor Clark: You want to call the roll on this? Are you going to read the ordinance?
Mr. Jones: It's already been read.
Mayor Clark: Call the roll.
Ms. Hirai: It's only this aspect.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-246
A MOTION ACCEPTING STAFFS RECOMMENDATIONS IN CONNECTION
WITH PROPOSED ALLOCATION OF TWENTIETH YEAR CDBG FUNDS IN
THE CATEGORY OF "ECONOMIC DEVELOPMENT" TOTALLING $1,975,000,
$900,000 OF WHICH MONIES WILL BE SPECIFICALLY ALLOCATED TO
i DESIGNATED COMMUNITY BASED ORGANIZATIONS (CBOs) AT A LATER
i TIME.
i
86 April 14, 1994
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:
Commissioner Gort: Housing.
Commissioner Plummer: Now we go to housing.
Mr. Castaneda: Housing.
Commissioner Plummer: We can't be all things to all people.
Mr. Castaneda: Commissioners, as I had mentioned to you before, the board basically felt that
the code enforcement activity should be carried out by the general fund, and moved that
$500,000 to the public facilities section of this book, and they reduced the allocation to the
Housing Department for single and multifamily Housing Rehab Loan Program from three and a
half million to three million dollars. And, basically, took that $500,000 to either fund new
agencies or to increase the funding of some existing agencies. Basically, they funded a new
agency named BAME (Bethel AME [American Methodist Episcopal]) which is number two in
the book. BAME Development Corporation of South Florida. They funded an agency that had
been funded under economic development, but not under housing, which is Edgewater Economic
Development, that's item number 9, at the level of $100,000. They increased the funding of East
Little Havana Community Development Corporation from fifty to $100,000. And they
recommended the funding of the Haitian American Foundation at the level of 88,000, that's item
number 13. They recommended the funding of Home Improvement Program Tri-City, which is
item 14, at a level of $50,000.
Mayor Clark: Go ahead.
Mr. Castaneda: And they recommended the increase in funding of Rafael Hernandez Housing
and Economic Development from fifty to $100,000, and that's item number 18. And that's all
the changes that they made. So, basically, the discussion here is funding for new agencies or
increased funding for existing agencies.
Mayor Clark: All right. Your name, two minutes. Yes, ma'am.
Ms. Mary Johnson: Good morning, I'm Mary Johnson. I am a resident of the City of Miami for
a number of years, all my life. Mr. Mayor, Commissioners, Mr. Manager, and to Mr. Castaneda,
and his staff, sincere appreciation to you for previous allocations. Today, I come on behalf of
the efficiency, true professionalism for Tri-City Community Association. We have in place an
excellent new executive director who is on target and so is the staff. We have a professional
secretary, an accountant, who is experienced in financial arrangements for community based
87 April 14, 1994
secretary, an accountant, who is experienced in financial arrangements for community based
organizations. Tri-City operates, now, with an air of professionalism. The reorganization of the
plan calls for efficiency rather than expedience. Quality service to this community is what we
now offer. Our special program to those in need has taken on a new look. The part-time staff is
quite anxious to provide more work. But we ask that we want to make them full-time
employees.
Mayor Clark:
Ma'am, please.
Ms. Johnson:
For the purpose of rehabilitation.
Mayor Clark:
Have you been recommended?
Ms. Johnson:
I'm not sure because of Mr. Castaneda's statement.
Mayor Clark:
Well, let's just find out.
Mr. Castaneda: Staff did not recommend...
Ms. Johnson:
Does... the board did. Yes, the advisory board did.
Mayor Clark:
I don't see it listed here.
Mr. Castaneda: Yes, it's item...
Ms. Johnson:
It's on the list.
Mr. Smith: Item 14.
Mr. Castaneda: Item 14.
Ms. Johnson:
Home Improvement, Tri-City.
Mr. Castaneda: Commissioners, basically...
Mayor Clark:
They've recommended $50,000.
Mr. Castaneda: Right.
Ms. Johnson:
Yes.
Mr. Castaneda: The reason that staff did not recommend them is that over the last two years we,
basically, had problems with the productivity of the agency. However, as she is stating, there
has been significant changes in the agency's work composition, as well as staff.
Ms. Johnson: Correct.
Mayor Clark: Well, all right.
Ms. Johnson: It's professional. We are asking that you consider the amount recommended by
the Advisory Board.
Mayor Clark: All right.
88 April 14, 1994
Mayor Clark: Thank you, ma'am. Thank you very much. Next person to speak, two minutes.
Mr. Lorenzo Rodriguez: Yes, sir. Commissioners, Mayor Clark, I'm Lorenzo Rodriguez,
executive director of the Edgewater Economic Development, located at...
Mayor Clark: Are you on the list here?
Mr. Rodriguez: Yes, sir. We are item number 9...
Mayor Clark: All right.
Mr. Rodriguez: ...in this list. Mr. Juan Jane, our secretary to our board is next to me. Mr.
Armando Rodriguez, our chairman, could not be here today. But he sends his regards, and he
requests your support. Our agency has been working on the contract with the City of Miami on
their economic development. We have complied with the contract. We have created jobs. We
have completed every improvement through the facade program of the City. We were very
instrumental in derailing the Dade County secretive plan to condemn 168 acres of Wynwood and
Edgewater for the container cargo facility, an action that saved 1,500 jobs from the City of
Miami. We also proposed to this Commission last year, and we obtained your designation for the
film and media district, something that will create tremendous numbers of jobs for the area. We
have met the requirements of HUD (Department of Housing and Urban Development) for all...
to meet the national objectives of the CDBG program. The need to create affordable housing in
order to increase the number of residents who own their own homes in Edgewater is critical.
Less than 30 percent of the residents own their homes in Edgewater. That's why we need to
have developed neighborhood pride by having people who own their homes, who care about
keeping their streets, and their properties clean, and people who want to drive crime away from
there. We were recommended by the CDBG Board, however, staff does not recommend it
because they claim, and I'll quote, "Is that there is, presently, at least, one CBC (Community
Based Corporation) performed in this activity in each City -designated CDBG target area," end of
quote. Commissioner, there's only one agency in the Wynwood target area. Their service area
lies west of the railroad tracks. Therefore, Edgewater would be forgotten. That's why Father
Jose Luis Menendez, the pastor of Corpus Christi that expands both Edgewater and Wynwood,
and Mr. Luis Carrasquillo, the NET Administrator, support our request for funding. That's why
we request that you support your Community Development Board in the tune of $100,000 that
they recommended.
Mayor Clark: Thank you, sir. Thank you very much. Next speaker.
Mr. Juan Jane: My name is Juan Jane. I'm a secretary of the board of the Edgewater Economic
Development.
Mayor Clark: You're just repeating what he said.
Mr. Jane: Mr. Mayor and Commissioners...
Mayor Clark: All right.
Mr. Jane:... I have the right to speak, because I...
Mayor Clark: You have the right to speak.
Mr. Jane: OK.
Mayor Clark: But don't wear out your welcome.
89 April 14, 1994
Mr. Jane: I... You appointed, the Commissioners and you, the board, or the advisory board.
These people have spent countless hours in meeting, in looking for the proposals, discussing, and
debating the merits of each request. I urge you to support the advisory board in its
recommendations. Also, if you follow the City Commission's staff recommendation, you will
ignore the need of Edgewater and the advisory board that you appointed. I request from you that
you support and vote in favor of the advisory board that you appointed. Thank you.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Roberto Godoy: My name is Roberto Godoy. I am executive director of Model Housing
Cooperative.
Mayor Clark: What number are you on the list?
Mr. Godoy: I am not recommended for the $42,000 requested.
Mr. Gort: Sixteen.
Mayor Clark: Go ahead.
Mr. Godoy: To me, it's a great surprise, because we are closing the contract for 1262 Northwest
5th Street, and we are pending closing contracts for 1127 Northwest 1st Place, and 2046 West
Flagler; 52 units from funds from Dade County Andrew program. That is a total of 64 units, and
we can... We are also working with Florida Housing Finance Agency for $1,000,000 approved
for cooperative housing. You can easily understand the importance of obtaining the $42,000
requested for office expenses. If you can see the list of those recommended there, you will see
that all of them is for units for ten, 25, 21 units. What happened is this. What they did is, last
year, they got money, they will get it this year. Last year, did not get money, will not get it this
year. Never mind. Housing cooperative is the real solution here for the downtown and for the
City of Miami. Has been increased the rentals in accordance with the Federal statement, 82
percent. However, the salary has only been increased 12 percent. We're giving a real solution,
but we need money for the expenses in the office. So I really hope that those $42,000 that might
mean 500 or 1,000 houses, but not for rental as they are recommended. For ownership is what
we are doing.
Mayor Clark: Thank you Mr. Godoy.
Mr. Godoy. Thank you.
Mayor Clark: Thank you. Go ahead.
Ms. Veola Williams: My name is Veola Williams, and I certainly hope that you would listen to
me for just about two minutes. I have little children that I have to go home and take care of
when they come out of school. My problem is in the area of housing, and how my housing loan
from the CDBG grant was exploited. Since 1989, I've been trying to gain access to my
refurbished house. The fund... My loan is administered by the City of Miami Housing
Conversation Office. And to this day, my house looks like we had a hurricane in my block. I
have complained to Miller Dawkins. I have written to Mr. Odio. I have gotten no response on
how to get my home completed. And I read an article in the Miami Herald the other day, where
Mr. Herb Bailey said that, "We don't put little old ladies out of their homes." So I want Mr.
Bailey to know...
Commissioner Plummer: You don't know him very well.
90 April 14, 1994
Ms. Williams: ... that this lady, little old -lady has been trying to get in her home, her refurbished
home since March 1989, and I'd like to know what kind of games the City of Miami Housing
Conservation Office is playing on me. I wrote a letter to Senator Graham the other day, and it
seemed that Ms. Diane Kreska took delight in reporting that I have gone all over the County, and
State, and even Washington to see about getting access to my refurbished home. She took
pleasure out of saying that nobody helped me. And it's about time this goes on record, because
if a hurricane comes now, the cracks that the second contractor left in my home would perhaps
debilitate my home beyond repair. And it is not fair. These are some of the things that the grass
root Miamians are suffering from the bureaucracy, and somebody needs to do something about
it.
Mayor Clark: Carlos, would you look into this and give us a report back.
Mr. Smith: We will, Mr. Mayor.
Mayor Clark: All right.
Ms. Williams: Who is it will look into it?
Mayor Clark: He will look into it.
Ms. Williams: Mr. Odio.
Mayor Clark: Mr. Odio's office.
Ms. Williams: Mr. Smith. Because I wrote Mr. Odio, and he refused to respond.
Mr. Smith: I'll meet with you.
Ms. Williams: Thank you, sir. I have to go home and take care of little children.
Mayor Clark: Take care of them. Make sure they're good kids. All right, Irby.
Mr. Irby McKnight: Irby McKnight, 224 Northwest 12th Street. I'm here on BAME. It was a
project in Overtown for housing at Bethel AME (African Methodist Episcopal) Church.
Mayor Clark: Number 2?
Mr. McKnight: Mr. Castaneda?
Mr. Castaneda: Yes, number 2, BAME Development Corporation of South Florida.
Mayor Clark: All right.
Mr. McKnight: We are asking that you support the board recommendation there, the board
recommendation with Tri-City, and since we are on housing, in Town Park Village Housing
Coop, Ms. Annie Smith did tell you about the fence. They have to have it. Why do they have to
have it? The stolen... They have to have it, or the police have to prevent stolen cars from going
in there. One or the other needs to happen. Every weekend, there's five to six stolen cars that
are driven into this walled -in community, and the thieves jump out and escape, but the motor is
left running, the keys in the cars, and the children in the yard playing. Who is to say when a
nine -year -old or five -year -old will open the door and since the motor is already running, who is
to say that this thing won't become a major disaster? So the board and the people that live there,
91 April 14, 1994
it's 154 units of coop housing, they tell me that if they could get a fence up that they will be able
to close the driveways, and the stolen cars won't be brought in there. You drive by and you
can't see in there because of the design. The architectural design is a crime hazard. You cannot
see through there. So the police, driving on the outskirts, because they want to be safe, and they
don't see the nine cars behind the building with the motor running. So help us there, please.
Mr. David Alexander: Afternoon, Mr. Mayor and Commissioners. I'm David Alexander,
executive director of Coconut Grove Local Development. We were not recommended for
funding, other than for economic development support this year. We are requesting $100,000;
$50,000 for a housing development in the City of Miami, on the Miami side of the Coconut
Grove line for a scattered site development project; and $50,000 to match a grant that we've won
from Dade County in the amount of $500,000 for the Coconut Grove Family and Youth
Intervention System. We did present proposals, but we were not recommended by the staff, and,
therefore, we come before you today to ask for your direct assistance.
Mayor Clark: Did you make a request for $1,500,000?
Mr. Alexander: Yes, sir. The total request was for several types of projects, approaching
$3,000,000.
Mayor Clark: All right.
Mr. Alexander: We were recommended for $50,000.
Mayor Clark: All right. Thank you, sir.
Mr. Alexander: Thank you, Mr. Mayor.
Commissioner Plummer: They've never been bashful, Mr. Mayor.
Mr. Alexander: We would like to build some houses in Miami now, Mr. Mayor.
Mayor Clark: Thank you, sir.
Mr. Alexander: Thank you.
Mayor Clark: Next person.
Mr. Angel Diaz: My name is Angel Diaz. I am the executive director of the Rafael Hernandez
Housing and Economic Development Corporation.
Mayor Clark: What item, Frank?
Commissioner Plummer: Eighteen.
Mr. Diaz: That's item 18.
Mr. Castaneda: Eighteen.
Mr. Diaz: We were recommended by the City staff for $50,000 and by the board for $100,000.
This corporation works in the area of Wynwood. Every study done in the Wynwood community
in recent years shows that this community is in great need of affordable housing in order to
prevent the exodus of its citizens. The Rafael Hernandez Corporation was created precisely with
this goal. We have been funded by the City, and we appreciate it. But as we started to work, we
92 April 14, 1994
soon discovered that the task is enormous, and we would be needing more funding. We have
contacted a number of banks and asked them to go to the community and offer housing loans.
This, by itself, was a difficult task, because banks are reluctant to enter in low-income
communities. One of the main problems that we are encountering with this approach is that
many of the Wynwood residents can't afford to buy houses above the $30,000 level. Therefore,
we would have to involve in the construction of affordable housing to meet this necessity. We
believe that we can raise the necessary funding in order to do this. Nevertheless, there will be
some instances in which we would need extra money to meet circumstances that cannot be
covered with the funds that we could raise. That's why we estimate that we would be needing an
increase in the City funding. This increase was recommended by the advisory board, but was
rejected by the City staff. We urge you to restore the recommendation of the advisory board,
and by this way, help the only community based organization in the Wynwood area which is
involved in this important and necessary endeavor.
Mayor Clark: Thank you sir.
Mr. Diaz: Thank you.
Mayor Clark: OK. Yes, ma'am.
Ms. Annie Smith: Mr. Mayor and Commissioners, I am Annie Smith. I'd like to piggyback on
something Mr. McKnight said. You know, Town Park Village is right next door to St. Frances,
and that is a private school. This is not only on the weekends, this is also during the week. Early
morning, there's children going to St. Frances School, right through our yard, right on 4th
Avenue.
Mayor Clark: What's the address?
Ms. Smith: The address is 1680 Northwest 4th Avenue, St. Frances Xavier Church and School.
It's right next door to Town Park Village. We do not wish a mass killing out there with youth.
Life is a precious thing, and we're only trying to do something about it before it happens, to save
a life. Thank you for hearing me, sir.
Mayor Clark: OK. Thank you. Yes, ma'am.
Ms. Linda Watson: Yes. My name is Linda Watson. I live in 16th Center Northwest 4th
Avenue, Apartment 12-A. I live there in Town Park Village, but I'm here now to speak about
the Optimists. We had asked for $50,000, but still, we... I came here to thank you for the
$40,000 that you're supposed to give us. But the point is this. Most of the people that live in
Overtown is poor people. And the kids, then, when the parents isn't at work, the kids come from
school, and they be in the street. We need a part of that, entertainment for them, so they don't be
in the street. When they come from school, they have a place to go, so they can't be running
around.
Mayor Clark: All right. Thank you so much, ma'am.
Ms. Watson: OK. Thank you.
Mayor Clark: All right.
Vice Mayor Dawkins: Are we going to address this sometime today?
Mayor Clark: Well, we're going to...
93 April 14, 1994
Vice Mayor Dawkins: I'm asking Mr. Castaneda. Is money somewhere for recreation and what
have you?
Mr. Castaneda: Yes.
Commissioner Plummer: That's the next...
Mr. Castaneda: No, no.
Commissioner Plummer: That's the next program.
Vice Mayor Dawkins: OK. Tell her don't go any place.
Mayor Clark: We got four minutes to go to lunch.
Vice Mayor Dawkins: OK. Go right ahead, ma'am.
Ms. Lori Meyers: OK. Thank you. My name is Lori Meyers. I'm the program director for the
Senior Crime Prevention, a victim assistance program. I work for Jewish Family Service.
We've been providing services to elderly crime victims for about eleven years now, and we've
been funded by the City for the last eight years. We have not received any increase. First of all,
I want to thank you, both the staff and the board, for your recommendation of $60,000, and I
want to urge you to ratify that amount. But at the same time, I just want to let you know that we
have not received an increase in the last eight years, yet we have...
Mayor Clark: Thank God you're alive today.
Ms. Meyers: ... we have continued to provide the same level of service. We have requested an
additional $30,000 to provide services, not only for elderly crime victims now, but for single
parent families, who we know are also at risk. And with the crime wave that we're experiencing,
we know that that's very important.
Mayor Clark: All right.
Ms. Meyers: Thank you.
Mayor Clark: Thank you, ma'am.
Commissioner Plummer: Go home and say your prayers.
Mr. Castaneda: I would like to correct something. Mr. Mayor?
Mayor Clark: Yes.
Mr. Castaneda: I would like to correct something that she said. Last year, they were funded at
$52,250, and both the board and staff is recommending $60,000.
Mayor Clark: You did get an increase. Bad arithmetic. OK. You got a motion on this? Is that
all the persons on this item?
Commissioner Plummer: Mr. Mayor, I would like to make only one change.
Mayor Clark: Yes.
94 April 14, 1994
Commissioner Plummer: And I would like to change that the Edgewater Economic
Development, who have not received anything in the past, who are an organization who are
trying very, very hard...
Mayor Clark: They are.
Commissioner Plummer: ... to redevelop that area, that we at least do them to the tune of
$100,000.
Mayor Clark. Second that vote.
Commissioner Plummer: I would recommend that.
Vice Mayor Dawkins: That's moved. I mean, it was recommended at $100,000, didn't you?
Commissioner Plummer: No, that's the board.
Vice Mayor Dawkins: All right. OK.
Mayor Clark: The board recommended.
Commissioner Plummer: Other than that, I'm hoping that the board... that the staff will provide.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I'd like to make three changes.
Mayor Clark: All right.
Vice Mayor Dawkins: On 24, I'd like to award Tacolcy Economic Development Corporation
the $250,000 to acquire the land, but I want to remove the 150 units and put townhouses,
whatever ten acres of land will allow, the number of townhouses, that we do that.
i Mayor Clark: All right. Very good.
i
Vice Mayor Dawkins: The other changes...
Commissioner Plummer: That's 15 to an acre. That's not bad at all.
Vice Mayor Dawkins: I, too, feel like J.L. Plummer.
Mayor Clark: Edgewater?
Vice Mayor Dawkins: Yes, sir, remain with Edgewater. St. John should be raised another
$40,000. And if we're going to give - and this is just "if" we're going to give Tacolcy $250,000
to buy land to develop townhouses, we need to add another 25 to their $50,000 to have
architectural plans or whatever for the townhouses, because they don't have them on hand.
Mayor Clark: All right.
Vice Mayor Dawkins: And those changes, I would make.
95 April 14, 1994
Mayor Clark: Subject to those changes.
Commissioner Plummer: I move it, Mr. Mayor.
Commissioner Gort: Well, wait.
Mayor Clark: Wait a minute, hold it. Yes, sir.
Commissioner Gort: I want to ask a question of staff, and I've been all through along, following
the board's recommendations, but in this one, the board if recommending to taking $500,000,
which they believe they can come from the general funds.
Commissioner Plummer: No, it's not coming from general fund.
Commissioner Gort: That's my understanding, because then, that would be...
Mr. Smith: That is the board recommendation.
Commissioner Gort: OK, listen to my question. My understanding is we are now providing the
code enforcement services and lot clearing on all the neighborhoods, and we're utilizing these
funds, these $500,000 we're going to take away. Now, my understanding, their recommendation
will mean that this will have to be funded by the general fund, or do away with the service.
Mr. Smith: That is correct.
Mr. Castaneda: But Commissioners...
Mayor Clark: If we don't have the money available somewhere else.
Mr. Castaneda: Right. But, Commissioner, let me just clarify that that half a million dollars
went to the next section, public facilities and so forth. The money that they're taking to fund the
housing activities is coming from a reduction in single and multifamily housing from three and a
half to three million dollars.
Mayor Clark: All right now. We're going to lunch, so you better hurry.
Mr. Lorenzo Simmons: Yes. Thank you.
Mayor Clark: Yes, sir. Give us your name.
Mr. Simmons: My name is Lorenzo Simmons, president of Tacolcy Economic Development.
Mr. Mayor, and Commissioner Dawkins, and Commissioner Gort, and Commissioner Plummer,
Commissioner De Yurre, appreciate your concern and support for Tacolcy. However, the
recommendation that Commissioner Dawkins made, as far as the development of Western
Estates, unfortunately, $250,000 plus the increase of the twenty-five, for this type of project,
we're bringing in approximately four and a half million dollars of private sector money, you
cannot do it on a home ownership and bring in that kind of money.
Vice Mayor Dawkins: All right. I will restate my motion. We do not give them the $250,000.
They go somewhere else and find some land, and take the million dollars that they got, and put
some more units, housing some place else. I would hope that this Commission would not sit
here and allow 150 units of housing to be built around Northwestern, because somebody else is
going to give us some money to build them there and don't want them in their neighborhoods.
96 April 14, 1994
Commissioner Plummer: May I make a suggestion to my blue brother?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: May I suggest that this item be held in reserve, as recommended by
our blue brother, and can be discussed at a later time...
Vice Mayor Dawkins: Second the motion.
Commissioner Plummer: ... when we know where the additional monies are coming from. But
if you don't, you're going to lose it. It's not going to be in reserve, and you're going to get
nothing, as is proposed by my colleague.
Vice Mayor Dawkins: I second the motion.
Commissioner Plummer: So I would at least reserve that amount now. You don't lose it.
Mr. Simmons: OK.
Commissioner De Yurre: Let me ask, Mr. Mayor,
Mayor Clark: Yes, sir.
Commissioner De Yurre: What we're doing at Melrose, what is the size of the acreage there?
Mr. Jeff Hepburn: It's eight acres, 150 units, townhouses.
Commissioner De Yurre: Yeah but how many acres?
Mr. Hepburn: Eight acres.
Commissioner De Yurre: Eight acres. And here, we're buying ten acres.
Mr. Hepburn: Right.
Commissioner De Yurre: For 150 units. So it's going to be less dense than what is there
already.
Vice Mayor Dawkins: Well, no, no. But they're not putting single-family units, mister. They're
putting a high-rise with 150 units in it.
Mr. Simmons: It's not a high-rise, Mr. Dawkins. I don't know who told you it was a high-rise.
The maximum is three stories. That's the maximum.
Mayor Clark: OK. Well...
Mr. Simmons: Right there now, you have two 200 and... Presently, you have 238 units on the
site.
Commissioner Plummer: Well, Mr. Mayor, before I withdraw my motion, which was to
preserve the amount and we'll discuss it later. Now, if you want to discuss it now, you're going
to take a chance of a shot in the head.
Commissioner De Yurre: No, J.L., I just wanted to clear that, because my understanding
originally was that we were going to go up 20 stories or 30 stories and have...
97 April 14, 1994
Commissioner Plummer: No. Victor, never would I ask my colleague not to speak, but the
applicant, I think, is a different story.
Commissioner De Yurre: Well, let's... You should heed the word of the wise.
Mr. Simmons: OK. We'll bring it back.
Commissioner Plummer: OK. Mr. Mayor, again, I move, with the three items that have been
changed: The $100,000 for Edgewater; an additional $40,000 for St. Johns; and an additional
twenty-five for Tacolcy.
Vice Mayor Dawkins: Hold the twenty-five, because they may not need it if they don't take
the... what I offered.
Commissioner Plummer: Well, whatever is...
Vice Mayor Dawkins: Hold it, no, hold it in abeyance.
Commissioner Plummer: That's what I'm... all of it.
Vice Mayor Dawkins: Oh, OK, good. All right.
Commissioner Plummer: OK? I move that as modified.
Mayor Clark: Anybody here... are you representing Edgewater?
Vice Mayor Dawkins: Second.
Commissioner Gort: Second. It's been moved and second.
Commissioner Plummer: What?
Mayor Clark: OK. That's what you asked for, a hundred, right?
Commissioner Plummer: Yeah, staff recommendation.
Mayor Clark: All right. Moved and seconded. Call the roll, Madam Clerk.
Commissioner Plummer: As modified.
98 April 14, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-247
A MOTION ACCEPTING STAFF'S RECOMMENDATIONS IN CONNECTION
WITH PROPOSED ALLOCATION OF TWENTIETH YEAR CDBG FUNDS IN
THE CATEGORY OF "HOUSING PROGRAMS"; FURTHER DIRECTING THE
ADMINISTRATION TO INCORPORATE THE FOLLOWING
MODIFICATIONS:
(1) EDGEWATER ECONOMIC DEVELOPMENT/HOUSING [#9*] -
(ALLOCATE $100,000 - FOR A TOTAL FUNDING OF $100,000);
(2) ST. JOHN DEVELOPMENT CORPORATION #22 *] - (INCREASE BY
$40,000 - FOR A TOTAL FUNDING OF $90,000�;
FURTHER DIRECTING THE ADMINISTRATION TO INCORPORATE
THE HEREINABOVE MODIFICATIONS INTO THE CDBG - 1994-1995
PROGRAM.
[* Note: The number in parenthesis at the end of the agency's name (followed by
the asterisk) designates the number which was assigned to the project in the report
entitled: "Community Development 1994-1995" which is part of Ordinance 11136
appropriating total monies received from HUD concerning CDBG (twentieth year)
funding]
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 De Yurre: Mr. Mayor, if I may ask, do you have the plans already set for what
you want to develop there?
Mr. Simmons: It's just preliminary at this point.
Commissioner De Yurre: Well, could you make it available so we could take a look at it?
Vice Mayor Dawkins: Yeah, but they're preliminary. Why don't you give me the same
pleasure? Let me bring in some plans for some townhouses.
Commissioner De Yurre: Well, that's fine.
Vice Mayor Dawkins: OK, come on.
Commissioner De Yurre: Well, I'm saying I just want to see what they got.
Vice Mayor Dawkins: You all give me a break up here.
Commissioner De Yurre: Miller, we got to -see what they got. I.don't know what they have.
99 April 1.4, 1994
Vice Mayor Dawkins: Well, that's fine, I'll bring in some plans for townhouses.
Commissioner De Yurre: Hey, that's fine.
Mayor Clark: All right, here we go.
Commissioner Plummer: What time are we coming back, Mr. Mayor?
Mayor Clark: We'll see you back here at 2:30.
' Commissioner Plummer: Two -thirty, or 3:00?
Mr. Castaneda: We're still missing the public facilities.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:05 P.M. AND RECONVENED AT 2:34 P.M.
COMMISSIONER PLUMMER AND MAYOR CLARK WERE
PRESENT.
Commissioner Plummer: Under the next issue that we're taking up, public facilities of
improvements, can we give that additional money for her program out of this allocation,
Alternative Programs?
Mr. Castaneda: Is that to buy the building you were referring, talking to me, or what?
Ms. Georgia Ayers: (Inaudible.)
Commissioner Plummer: For the program. Wait, let me ask my question. Can we give money
for the program out of public facilities?
Mr. Castaneda: No, no.
Commissioner Plummer: Then how do you... OK. Here's... that's the reason, my question.
Let's go down here where it talks about... Well, I'm just asking questions, that's all.
Mayor Clark: All right.
Commissioner Plummer: I'm not taking any action. Involve 12 young adults in community
projects. Where is that any different than her kind of program?
Mr. Castaneda: Oh, OK. That program... What number is that one, Commissioner, so I can be
specific?
Commissioner Plummer: Seventeen.
Mr. Castaneda: Seventeen. The difference there is that the Greater Miami Service Corps... As
you know, we have a public service cap. The Greater Miami Service Corps is they retrain
people, but they end up with a physical structure.
Commissioner Plummer: That's what she's doing.
Mr. Castaneda: No. No, no. What they do is, they build things, they build parks and so forth.
The same thing goes with the program that we discussed earlier in the housing area with Tri-
City, when they...
100 April 14, 1994
Commissioner Plummer: Frank, Frank, I can tell you right now, it's like last year. If you don't
get it from here, it's going to come out of the general fund. Now, the Manager will beat your
head soft. I tried. We need one more, Mr. Mayor.
Mayor Clark: I know it. I've been waiting.
Commissioner Plummer: Where's Miller Dawkins?
Ms. Matty Hirai (City Clerk): Frank.
Commissioner Plummer: Do we...
Ms. Hirai: Frank.
NOTE FOR THE RECORD: Vice Mayor Dawkins entered the
Commission chamber at 2:36 p.m.
Commissioner Plummer: Miller, we just cut his pay, is that what we do?
Mayor Clark: What pay?
Commissioner Plummer: Oh, we'll just cut his pay, that's all.
Vice Mayor Dawkins: Watch it, J.L. Watch it.
-------------------------------------------------------------------------------------------------------------------
9. GRANT REQUEST BY REPRESENTATIVES OF THE COCONUT GROVE BED
RACE FOR A ONE -DAY PERMIT FOR SALE OF ALCOHOLIC BEVERAGES
DURING THEIR EVENT (MAY 15, 1994).
Mayor Clark: All right. We're supposed to entertain Commissioner Burke at this time, but he's
not present. We'll get to him as soon as he gets here. What are we on now, Frank?
Commissioner Plummer: Well, we're still on this, Mr. Mayor, but I thought maybe you'd want
to wait for at least another one, on the last portion of 6. Do you want to jump over to something
that we can do quickly?
Mayor Clark: Well, let me say this. We've got a request here from a lady that's pregnant.
Where is she?
Commissioner Plummer: Who's the lady that's pregnant? Do we dare ask what you're going to
speak on?
Mayor Clark: She wants to... She's on item number 14. It's to give the authorization to admit
the sale of alcoholic beverages, Coconut Grove Bed Race.
101 April 14, 1994
Ms. Lisa Kunis: Yes. Good afternoon. My name is Lisa Kunis, and I'm a representative from
the Muscular Dystrophy Association for the Coconut Grove Bed Race. We're scheduled for
number 14 on the personal agenda. The Muscular...
Commissioner Plummer: That's all you're asking for is just the permit for allowing the sale of
alcoholic beverages?
Ms. Kunis: Yes, sir.
Commissioner Plummer: I move, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Plummer: I'm assuming this fits within the parameters of the standing festival
committee.
Vice Mayor Dawkins: It's my motion, because J.L. keeps talking.
Commissioner Plummer: No, excuse me. This stands within the parameters of the festival
committee, not more than two...
Ms. Kunis: Number 14.
Mr. Castaneda: What item is it?
Commissioner Plummer: Fourteen. And, ma'am, also, you realize that when we give you
authorization, you still have to go to the State and take out the license with the State.
Ms. Kunis: Yes, sir.
Commissioner Plummer: Does this fall within the two per month? Assuming it does, I move for
approval of 14.
Ms. Kunis: Thank you.
Mr. Frank Castaneda: I'm sorry. The only issue here is the sale of alcohol, which the Manager
does not have the right or the authority to issue such permit.
Commissioner Plummer: I hear you. All right.
Mr. Carlos Smith (Assistant City Manager): And we have authorized that in the past, you have.
Commissioner Plummer: That will be fine. Thank you. I move 14, subject to that.
Vice Mayor Dawkins: Second, Mr. Mayor, again.
Mayor Clark: With no exception, cast a unanimous ballot of those present. All right, it's been
passed.
Ms. Kunis: Thank you.
Mayor Clark: With that condition. This lady gets on a bus one day, Ms. Range, and the bus was
filled. She walks up to this gentleman who was seated and said, "Won't you stand up for a
pregnant lady?" He said, "Yes." He said, "How long have you been pregnant?" She said,
"Thirty minutes."
102 April 14, 1994
Commissioner Plummer: "And, boy, am I tired."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-248
A RESOLUTION RELATED TO THE COCONUT GROVE BED RACE TO BE
CONDUCTED ON MAY 15, 1994, BY THE MUSCULAR DYSTROPHY
ASSOCIATION; AUTHORIZING A ONE -DAY PERMIT FOR THE SALE OF
ALCOHOLIC BEVERAGES DURING THE EVENT IN THE AREA OF
MCFARLANE ROAD, GRAND AVENUE AND SOUTH BAYSHORE DRIVE TO
SOUTHWEST TWENTY-SEVENTH AVENUE IN COCONUT GROVE, MIAMI,
FLORIDA; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS
GRANTED HEREIN 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 Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Victor De Yurre
NOTE FOR THE RECORD: Commissioner Gort entered the
Commission chamber at 2:39 p.m.
103 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
10. DISCUSS AND TABLE CONSIDERATION OF ADMINISTRATION'S
RECOMMENDATIONS CONCERNING PROPOSED ALLOCATION OF CDBG
FUNDING (1994-1995) AS IT CONCERNS THE PUBLIC FACILITIES CATEGORY
AS MORE FULLY OUTLINED IN THE COMMUNITY DEVELOPMENT
DEPARTMENT PROGRAM. (See labels 8 & 12)
Mayor Clark: All right. What are we on?
Commissioner Plummer: Mr. Mayor, could I tell one that they told me at lunch?
Vice Mayor Dawkins: No, no.
Commissioner Plummer: Ms. Range. No, you'll like this one, Ms. Range. A guy was standing
on a corner and he sees a hearse go by. And then a little while later, he's standing on the corner,
he sees another hearse go by. And behind that, there's a man walking with a German shepherd,
and a big long line of cars. He went up to the man with the dog and he said, "Would you tell me
what's going on?" He said, "Well, what do you mean?" He said, "All of this here." He said,
"Well, in the first hearse is my wife. In the second hearse is my mother-in-law. My dog killed
them both." The guy said, "Can I borrow the dog?" He said, "Get in line."
Mayor Clark: All right. Where were we, Frank?
Vice Mayor Dawkins: Item 6.
Commissioner Plummer: We can go to 6. We're actually on 6, and the portion remaining is
public facilities and improvements, Mr. Mayor. The only thing we've done, Willy, is 14. We
approved 14, which was for the bed race.
Mayor Clark: All right. What about... Mr. Castaneda, where are you?
Mr. Frank Castaneda: Yes, sir. Yes, Commissioner.
Mayor Clark: Where are you at, sir, in your blue book?
Mr. Castaneda: In the public facilities area. We are recommending the Association for the
Development of the Exceptional...
Mayor Clark: Number, please.
Vice Mayor Dawkins: Number 3.
Mr. Castaneda: Item number 3, which is $92,180, which is to install the elevator and construct
restroom and other renovations in relation to handicap facilities. Bakehouse Art Complex,
$40,000. Item number 4, for repair of the elevator and building renovations. Item 11, Coconut
Grove Mini Park renovation, $90,000.
Commissioner Plummer: Whoa, whoa, whoa. You forgot 5.
Mr. Castaneda: I am sorry. Belafonte Tacolcy Park Improvement, $315,000 to renovate existing
park.
104 April 14, 1994
Vice Mayor Dawkins: Park, building, and others.
Mr. Castaneda: That's correct, park, building and others in that area. Coconut Grove Mini Park
renovation, $90,000, item 11. Item 12, Crestwood Park, $30,000, to resurface existing
basketball court, and install. Item 13, downtown Miami Gateway.
Commissioner Plummer: I want to amend that one, Mr. Mayor, and I'll come back to it.
Mayor Clark: All right.
Mr. Castaneda: OK. $250,000 for landscaping and directional signage. Gibson Park, $80,000
for building renovations, resurfacing basketball and tennis court, that's item 15.
Vice Mayor Dawkins: Hold it. When is the last time money was spent to renovate Gibson Park?
Mayor Clark: Everybody looks backward now.
Vice Mayor Dawkins: OK. All right. Table that, because $80,000 is not going to do what needs
to be done. OK?
Mr. Castaneda: OK.
Vice Mayor Dawkins: All right, go to the next one.
Mayor Clark: You better grab the eighty now.
Vice Mayor Dawkins: OK.
Mr. Castaneda: Greater Miami Service Corps...
Vice Mayor Dawkins: Hold it, hold it, hold it. I'll take the $80,000 plus whatever else I'm
going to ask for later. Thank you, Mr. Mayor.
Commissioner Plummer: Oh, yeah, definitely.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: All right. We take the eighty. Go ahead.
Mr. Castaneda: OK. Greater Miami Service Corps., $85,000. This is to involve 12 young adults
in community projects, in building projects in the community.
Mayor Clark: Henderson Park.
Mr. Castaneda: Jose Marti Park, item number 22, $350,000 for a new recreation building there.
Item 24, Lemon City Day Care Park, $170,000 for renovations, repair and new playground.
Vice Mayor Dawkins: Wait, hold it. You skipped over 19.
Mr. Castaneda: I'm sorry?
Vice Mayor Dawkins: You skipped over 19.
105 April 14, 1994
Mr. Castaneda: In 19, we do not...
Vice Mayor Dawkins: Eighteen and 19.
Mr. Castaneda: Eighteen, we do not have... We are not recommending funding for that park at
this time.
Vice Mayor Dawkins: Why?
Mr. Castaneda: Well, if I recall...
Vice Mayor Dawkins: Why?
Mr. Castaneda: If I recall, this was part... We were going to do the pool improvements.
Vice Mayor Dawkins: What now?
Mr. Castaneda: The pool improvements.
Vice Mayor Dawkins: What? For what?
Mr. Castaneda: At Hadley Park.
Vice Mayor Dawkins: You got $5,000,000 to build a pool at Hadley Park. We also have a
boxing gym there that you're supposed to rehab as a senior citizen center. And this hundred and
whatever money was supposed to renovate that existing boxing gym to be used as a day care
senior center.
Mr. Castaneda: Right.
Vice Mayor Dawkins: Now, you can't take money because of $5,000,000 allocated for a pool.
You can't just jump up and tell me arbitrarily that you aren't going to give me any money to
rehab the center for the senior citizens because I got $5,000,000 for the pool. Now, you just
can't do that to me, Frank.
Mr. Castaneda: Commissioner...
Mr. Carlos Smith: (Assistant City Manager): That's the staff recommendation and if you want to
change...
Vice Mayor Dawkins: Say what?
Mr. Smith: That's the staff recommendation. If you want to change it, that's fine.
Vice Mayor Dawkins: That's the staff's recommendation. OK. I don't have a problem. I'm
going to change a lot of it, so I don't have a problem with that. Go right ahead.
Mr. Castaneda: Commissioner, the logic was that there were significant improvements being
done to that park, and to use that money for parks that were not being improved this particular
year.
Vice Mayor Dawkins: OK. All right. Now, you're right back to where I asked you. Why is it,
if you're concerned about parks that are not done, that you're going to put a lousy $80,000 in
106 April 14, 1994
Gibson Park, when that needs a whole lot of work done? But yet and still, you tell me that we
decided to put it in other parks, but you didn't put it in Gibson. Go right ahead, sir.
Mr. Castaneda: Lemon City Daycare Park, item number 24, $170,000. Item 25, Little Havana
Activities and Nutrition Center, $150,000 for them to renovate their existing facility. $55,000 in
item 26 for the Lummus Park Adult Development Center, renovate building for adult center for
persons with disabilities. Item 33...
Vice Mayor Dawkins: Twenty-eight, sir, 28. You all are not recommending that?
Mr. Castaneda: Not at this time.
Vice Mayor Dawkins: At what time, then?
Mr. Castaneda: No, no, we are not recommending it. I understand that some Commissioners are
very interested in Moore Park.
Commissioner Plummer: Yes.
Vice Mayor Dawkins: OK. Go right ahead, sir. Go ahead.
Mr. Castaneda: One Art, Inc., $100,000.
Commissioner Plummer: Wait, wait, wait. This Commission was fully against giving additional
funds to One Art.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: Now, why... And we settled that matter on three different occasions,
and both... Staff obviously isn't listening to me. The Committee, that's... I can understand.
The staff, you were here on at least two occasions, if not three, when we told them we were not
giving them any more money, and yet, you're coming back here today and recommending it.
Why?
Mr. Smith: I don't understand it, Commissioner. I believe it was because at the time the
question came up, it was because of the contract that we had with them, and whether they were
responsible for maintenance of the facility or not. I understand that this is for new construction.
Commissioner Plummer: No. We can't give them any more money. We made a commitment,
and we fulfilled it. In that commitment, we told them, "That's it, the cupboard is bare, don't
come back." Hey, I'll take it out of here at the appropriate time.
Mr. Castaneda: That's fine. Commissioner, I'm sorry. I was under the impression that the... we
did not recommend them last year, and that the Commission gave them the impression that they
would be considered.
Vice Mayor Dawkins: No, no. Well, let me refresh your memory. We did not fund it last year,
and we gave them the impression that it wouldn't be funded this year.
Commissioner Plummer: And we did more than an impression.
Mr. Castaneda: I'm sorry.
Commissioner Plummer: We told them no.
107 April 14, 1994
Mayor Clark: All right. Let's continue.
Mr. Castaneda: Planter removal in the West Grove, item number 36, $70,000. This is to
continue the removal of planters in the West Grove. $50,000 for Reeves Park, for item...
Mayor Clark: How about Range Park? You have nothing for Range Park?
Mr. Castaneda: No, we do not have a recommendation for Range Park, I'm sorry.
'Mayor Clark: OK. Well, we can take fifty out of the hundred.
Commissioner Plummer: Why do you think she's here?
Mayor Clark: Home is on the range.
Mr. Castaneda: $50,000 for Reeves Park, building renovations, windows, doors, and handicap
accessibility.
Mayor Clark: All right.
Mr. Castaneda: And last, we have $145,820 for general park improvements, basically to cover
unfunded hurricane damage to the target area City parks.
Mayor Clark: All right. Let's go back with the scalpel now. J.L., you start.
Commissioner Plummer: Is there anyone who wishes to speak? Should we hear them first, Mr.
Mayor?
Mayor Clark: Sir? Do you want to hear from these people?
Commissioner Plummer: Ms. Armbrister is there.
NOTE FOR THE RECORD: Commissioner De Yurre entered the
Commission chamber at 2:47 p.m.
108 April 14, 1994
---------------------------------------- ------------ -------- -------------------------------------------------------
11. SUPPORT PROPOSED BOUNDARIES FOR THE EMPOWERMENT ZONE AS
IDENTIFIED BY THE BOARD OF COUNTY COMMISSIONERS ON MARCH 22,
1994 -- SUPPORT CITY OF MIAMI'S AND METROPOLITAN DADE COUNTY'S
JOINT GRANT APPLICATION FOR EMPOWERMENT ZONE FUNDING TO BE
SUBMITTED TO THE U.S. GOVERNMENT UNDER THE EMPOWERMENT
ZONES AND ENTERPRISE COMMUNITIES PROGRAM.
Mayor Clark: Now, please, now. Just a moment. Just a moment. County Commissioner Burke,
how long will it take?
County Commissioner James Burke: I'll be very short.
Mayor Clark: Can you ladies relax for a moment, please? We have a special item set for 2:30,
County Commissioner Burke. Gentlemen, just have a seat for a moment. County Commissioner
Burke.
County County Commissioner Burke: Thank you very much, Mr. Mayor and Commission
members. I'm just leaving. We're also meeting today, so I'm going back, but I enjoy being here
more because, see, I don't have to vote over here. But I'm here on the issue of the boundaries of
the empowerment zone. And one thing we're having to do is really explain to people what the
real purpose of the boundaries are. And the real purpose of the boundaries was to make Dade
County's economy, particularly in some of the black and impoverished Hispanic communities to
get back connected to the economy that already exists. That is, what we've seen on occasions in
the past is a great amount of money that has been put in the communities, and it creates a false
economy, that after the political wheel changes, and sometimes the political party changes, then
what tends to happen to some of those economies is that it's worse off than before. Now, what
we did by putting in - I think particularly the seaport and the airport - in with areas in Liberty
City, and Overtown, and in Florida City, as well as Allapattah and Wynwood, is that we looked
and saw that the economy of Dade County is moving forth and is changing. It's changing
primarily to an international trade and commerce community. And what we want to do was to
have those changes that are going to occur to be connected, so that as goes the airport and as
goes the seaport, so goes Liberty City, so goes Overtown, so goes East Little Havana. And the
way to connect it was to bring it into the zone so that we can now make some directions about
how that economy is going to go. Because without them in the zone, what would tend to happen
is what's been happening. For example, with the airport, in the next ten years, we're looking at
about 43,000 jobs, and only, I think, about a third of them really at the airport. But what is
happening, the jobs that are not on the airport, they've gone pretty much in West Dade, and
perhaps, to some degree, in South Dade. But they show no relationship to the communities that
can use some of the jobs and the businesses that are directed, and that is why I think we've
connected it, particularly in Liberty City, with the, what we call one of the central business
district, from 58th Street to 71st, and 7th Avenue over to I2th, also, while we connect it with
Overtown and with Florida City. So it's just important to have a connected economy, rather than
have an economy that stands out by itself. And also, because we want to make clear to people
that the hundred million dollars that they're talking about coming down is Title Twenty monies,
and those can be used for things that we hope... for example, for job training, for giving people
some kind of tuition, or for (inaudible) while they're job training, also for baby-sitting services
while they're job training, for transportation assistance while they're being trained for jobs that
are real jobs, that are going to actually be here anyway. So I think that's the reason, the rationale
behind the lines as they are. Other than that, we're not really getting any money, although we
109 April 14, 1994
find ourselves up front for money. I will say there is some good news that I found out just before
I came here, and I talked with Representative Beryl Burke, who informed me that the House is
now considering and the Senate has passed a provision which grants $5,000,000 from the State's
contingency fund, the (inaudible) fund to the empowerment... to a community that gets an
empowerment zone. Well, we're the only community in Florida seeking to get an empowerment
zone, so if we're successful, we already have a commitment of the $5,000,000 from the State.
So that is something that shows at least the State also has bought into what it is we're trying to
do here. So other than that, I'm here to ask you to adopt those zones, the boundaries, and to
answer questions. And I know a number of questions came up. I think we had a long talk with
Congresswoman Meek, who understood what we want to do with the connected economies,
rather than kind of having the kind of artificial economy that we've had with some other Federal
programs. So I just stand ready to answer any questions that any of you may have in terms of the
adoption of these boundaries. We're now in the process of doing the real work, and the real
work is after the strategic plan that ties in not only those communities, but ties in communities
that are not actually in the boundary; that is, the strategic plan would also.tie in the Edison/Little
River/Little Haiti community, would tie in Opa Locka, would also tie in Goulds, and also would
tie in even parts of Hialeah that are not in the boundaries themselves, but we can do that. And
we start that process on this Friday and Saturday with a meeting at the Miami -Dade Wolfson
Campus downtown. So that is the real crux of what we're going to do in this plan, so I stand
ready to answer any questions that you may have on the adoption of the boundaries.
Commissioner De Yurre: Yes, Commissioner. Is the boundaries determined by size? What are
the determining factors, as far as setting a boundary?
County Commissioner Burke: Well, we were... We actually have a limited size. We were
limited to 20 square miles, which wasn't as much of a problem, but we were limited to only
50,000 people being in the total boundaries, and we could have, as we did, three noncontiguous
boundaries, or we could have just had one. But we did three noncontiguous boundaries, but we
still were limited to only 50,000 people. When we looked at the number of, frankly, of poor
people we have in this community, that was almost over three hundred and sixty some thousand
people. So we were really stuck with trying to come up with a plan that will impact on all
300,000 people, rather than just picking out 50,000 and people saying that's where 50,000 poor
people live, and that's what we will just grant the money there, because we actually want to
create a situation where communities are going to have business development, as well as job
development in an area that is in a real economy. But we were limited to that 50,000 and 20
square miles.
Commissioner De Yurre: Let me ask you, with reference to the seaport and the airport, are these
jobs going to be targeted to people that are within the empowerment zone, the residents of the
empowerment zone, or can somebody from Broward County, or outside of the empowerment
zone get a job as a consequence of these monies?
County Commissioner Burke: No. In the first place, one of the major incentives is a
wage/employer incentive, and one has to live in the zone and work in the zone, in order for our
business to get that. Now, what we can do is that we can create some businesses that are with
the airport or the seaport. Probably one of the major ones, as an example, is the Coffee
Exchange is coming in that require certain kinds of businesses to be developed. With this plan,
we can say that the Coffee Exchange warehouses, for example, ought to be in an area, for
example, like Poinciana Park, that's not in the zone, but it only goes where we decide it has to
go. We cannot have... and, by the way, the plan has to be written, and specific, and you can't
deviate from it. So it's not something where somebody can come from Broward County, come
up and say, "Well, look, we now are giving you a great deal." However, if a business... For
example, we were talking with somebody like IBM (International Business Machines) or
Hewlett- Packard, wants to come in and put a business in the zone and hire somebody from the
110 April 14, 1994
zone to work in the zone, then they would get a benefit, but it has to be primarily to get those
wage benefits, they have to... people have to live and work in the zone. And what we're
contemplating with the strategic plan is training people for those jobs that they might not already
be prepared for.
Mayor Clark: All right.
Commissioner Plummer: There was a discussion, and I didn't hear of the resolve, when the
matter was before your County Commission, about splitting it up into more than one
empowerment zone. How was that finally resolved?
County Commissioner Burke: OK. The discussion was whether or not we want to have an
empowerment zone, and also perhaps try for an enterprise community, which is kind of a mini
version. The one thing that was clear is that, and we've been told by the Federal Government,
clearly, that if more than one application comes from Dade County or from any area, you'd
probably wipe yourself out. You'd negate yourself.
Mayor Clark: Well, did you not say, though, that you could, after you get this one zone
established, you could spread out to different areas?
County Commissioner Burke: Yes. What we can do with the strategic plan, we can actually
write it in now, and... in terms of where we want some of the benefits to go. But what we've
done, I think, on the enterprise community argument that was going on, we looked at the
regulations more closely, and what the regulations told us is that even if you apply for the
empowerment zone and you're not successful, you will automatically be considered for the
enterprise community. So there was no need for us to do a separate application for it.
Mayor Clark: All right.
Commissioner Plummer: Steve, excuse me. There was another discussion, more pointed, that
assuming we could get the hundred million, could you split it, for example, fifty in Overtown
and fifty in Opa Locka? Was that possible? I never heard the end of that talk.
County Commissioner Burke: OK. The answer clearly is that if we get, you know, the
50,000,000, 50,000,000, 100,000,000, we actually have to use it for programs that are inside the
zone itself.
Commissioner Plummer: Could there only be one, is that the answer?
Commissioner Gort: That's it.
County Commissioner Burke: Yeah, it would all be one, although it either... The benefits for
those Title Twenty monies would have to be used for the residents and people who are in those
areas, those zones, which are in Liberty City, the central business core, and also Florida City.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: Mr. Mayor, first of all, I want to note Commissioner Gibbs and I, we all
went up to Washington when we first thought of this, and our staff... And I've got to commend
j the County Commissioner for the job you have done, and Commissioner Souto, also. You've
done an excellent job in putting this one area together. Now, the critical part, I think what we
need to approve today, and I'm ready to move this, to accept the geographical area that was
selected by the County Commission and by the people through all the meetings. The critical part
that County Commissioner Burke was stating, which is the most important part, is how do you
ill April 14, 1994
put the package together right now? It's going to be a very competitive issue. It's going to be...
And I think we should have an advantage. One issue that we have not used in some of the
discussions that we've had, many of the problems that we have today was created by the Federal
Government and the international laws, and so on. So this is something that we need to input in
there. But we can bring a lot of ... There is a need to have a lot of training in some of those areas
and train people to work, and that's part of the specifics. Now, what we have to do now is make
sure that we select the programs. We have to go into housing, employment, what are the...
housing, employment...
County Commissioner Burke: Transportation.
Commissioner Gort: ... and transportation...
County Commissioner Burke: Public safety.
Commissioner Gort: Public safety.
County Commissioner Burke: Health and education.
Commissioner Gort: So we've got to make sure that whatever programs we make part of this,
they've been successful, and if they get additional funding, what else can they do? This is what
we talked about earlier, Miller. What all those people have done, and if we give them some
more money, what is the future, what can they do?
Mayor Clark: All right.
Commissioner Gort: So if you're ready, I'm ready for a motion,
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: The Federal Government constantly tells me that "I am going to empower
you. I can remember, it started with Model Cities, "I'm going to empower you." Then we had
Overtown removal, "I'm going to empower you." I-95, the rapid transit. Now, they come in
with an empowerment zone, and I have people trying to tell me, I mean, I'll rephrase that. I have
people telling me that "We're going to empower you, if we take the money that's being provided
and help entities that will grow, irregardless." Jobs at the airport are going to be developed, and
they are going to grow without an empowerment zone or with an empowerment zone. Jobs at
the port are going to grow and be there, with or without an empowerment zone. When Cuba is
free, there will be so many jobs at the Port of Miami carrying material and goods to Cuba till we
can't find people to work. So therefore, you can't convince me that you should not have let that
empowerment zone exclude the port and the airport. But again, you are using the figures of poor
people, which are black, Latins, and others, to qualify for an empowerment zone, and we are not
empowering the people who you said it's going to empower.
(APPLAUSE)
County Commissioner Burke: Thank you very much. If I may respond, so we'll understand
where we are, Commissioner.
Vice Mayor Dawkins: No, no, wait now, wait. I did not make an argument. I made a statement,
and that's why... And if you talk from now till tomorrow morning, County Commissioner
Burke, you will not change my mind. That's why I made a statement and didn't ask a question.
Thank you, sir.
112 April 14, 1994
County Commissioner Burke: All right, sir. And what I want to do is just to indicate clearly that
one of the things we want to do, as I said, we looked at the figures, for example where the jobs
are coming, and what we noticed was... We looked at the trend, and the trend is that the jobs that
are being created are, for example, at the airport, at the seaport, are not going to impoverished
communities. They're actually going west of the airport and they're going south of the airport.
What we did by putting them in the zone is we can now direct that those jobs that we know are
going to be there... And I think, as the Commissioner said, they're going to be there in any
manner, but they're not going to be there for the black community, or necessarily for the
Hispanic community, unless we do something. And that's what this is, is to bring them in so we
can now direct it. Because frankly, we... Many of us looked at the airport and thought it was a...
they have a sorrowful job when it comes to the minority community. But this is a way to bring
them in, and not only that, but to get waivers from the Federal Government, so that the Federal
Government now, by granting those waivers, would allow us to do things that we hadn't done
before. I hope to just sit down, and particularly during the strategic planning process, because
that's where we're getting the community in, because they write the plan, and they're going to
kind of be the ones that sign off on the plan or it won't work. But I just hope to get together with
my good friend, Commissioner Dawkins, and, really, you know, work to make sure this works
right.
Mayor Clark: He made a statement, that's all. All right now, Mr. Gort...
Commissioner Plummer: Assuming... Mr. Mayor, I have one other question. Assuming that
we're the winner, that we win the empowerment, a hundred million dollars - it's fifty in two
years - who will be in charge of the monies, and disbursing the monies, and that?
County Commissioner Burke: Now, that is a great question, and the answer is this. The
strategic plan which will have to be written in the next three weeks will actually determine who
does it, and one of the plans that's come out of speaking with people in the community, is that
they wanted a community board making a number of decisions and monitoring those decisions,
as opposed to necessarily just having, if you will, the politicians doing it. But that, all of that has
to be written specifically in the plan. What's different from this and some other Federal
programs is the other Federal programs, they kind of did them in Washington, D.C. and said,
"Now, this is how you're going to do them." What they've actually said is that "You write it out,
how it's going to be done, and then if you're successful, that's exactly how it has to be done, no
substitutions." And so that strategic plan that we're going to be working on Friday, Saturday,
and for the next three weeks will actually determine who's going to be the person to determine
where the money goes, and whether or not it's going in accordance to the way it's written in the
plan.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: Mr. Burke, correct me if I'm wrong, but my understanding also, although
the port and the airport is in the zone, they would not receive any funding.
County Commissioner Burke: No, no, the airport...
Commissioner Gort: Well, I want people to understand that. But by putting them in the zone,
we force them to hire people, not only the public sector, but the private sector to hire people
within those areas. OK. Thank you. I'm ready for the motion.
Mayor Clark: All right, the motion, move it.
Commissioner Gort: I move to accept the geographical area designed by the empowerment zone
boundaries by Dade County.
113 April 14, 1994
Mayor Clark: Is there a second?
Commissioner Plummer: I'll second the motion. I can understand my colleague, Commissioner
Dawkin's position, but I think the alternative is to get nothing.
Mayor Clark: That's right.
Commissioner Plummer: And for that reason, I'm not so wealthy that I can sneeze at a hundred
million dollars, and I'll do anything that I can to get for this community, even though I can't get
it exactly the way I want it, at least get it for the community.
Mayor Clark: OK. Motion and a second. With no further discussion, please call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-249
A RESOLUTION OF THE CITY OF MIAMI COMMISSION SUPPORTING THE
PROPOSED BOUNDARIES FOR THE EMPOWERMENT ZONE AS
IDENTIFIED BY THE BOARD OF COUNTY COMMISSIONERS ON MARCH
22, 1994; FURTHER SUPPORTING THE CITY OF MIAMI'S AND
METROPOLITAN DADE COUNTY'S JOINT GRANT APPLICATION FOR
EMPOWERMENT ZONE FUNDING TO BE SUBMITTED TO THE UNITED
STATES GOVERNMENT UNDER THE EMPOWERMENT ZONES AND
ENTERPRISE COMMUNITIES PROGRAM.
(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.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Thank you, Commissioner.
County Commissioner Burke: Thank you. And, Mr. Mayor, I really want to thank your staff,
particularly your fine City Manager, and also Ms. Nancy Bahn who have really been gung-ho on
this project. And the fact that you've come in with us has actually helped our... well, I want to
say our plan, but what we're putting forth. And one of the problems some of the other big cities
that expected to get is they're still spending so much time doing a lot of internal fighting that it's
really put us up. And I just hope to do what we can to make sure that all of Dade County will
benefit by this, and I look forward to coming back when we're getting the money, and when we
have the plan, to show that it really is something that's going to make Dade County as a whole
much better than it was. So I thank you all very much for allowing me to speak.
114 April 14, 1994
Mayor Clark: Thank you. Thank you, Commissioner.
-------------------------------------------------------------------------------------------------------------------
12. (A)
ACCEPT ADMINISTRATION'S RECOMMENDATIONS CONCERNING
20TH YEAR CDBG ALLOCATIONS CONCERNING THE PUBLIC
FACILITIES AND IMPROVEMENTS CATEGORY, AS MORE FULLY
OUTLINED IN THE COMMUNITY DEVELOPMENT 1994-1995 CDBG
PROGRAM, BY INCREASING AND/OR ALLOCATING MONIES TO: (1)
DOWNTOWN MIAMI GATEWAYS / DDA (SUBJECT TO CITY
COMMISSION APPROVAL, ON AN ITEM BY ITEM BASIS, PRIOR TO
DISBURSEMENT OF FUNDS); (2) GIBSON PARK; (3) MOORE PARK;
AND (4) RANGE PARK (SWIMMING POOL ONLY).
(B)
ACCEPT STAFF'S RECOMMENDATION CONCERNING ALLOCATION
OF 20TH YEAR CDBG MONIES IN THE CATEGORY OF
ADMINISTRATION, SUBJECT TO PRIOR FUNDING MODIFICATIONS
BY THE COMMISSION -- ALLOCATE 15% OF TOTAL HUD CDBG
GRANT MONIES IN THE SOCIAL PROGRAMS CATEGORY TO
PARTIALLY COVER ADDITIONAL FUNDING -- DIRECT
ADMINISTRATION TO IDENTIFY BALANCE OF FUNDS NECESSARY
TO IMPLEMENT MODIFICATIONS.
(C)
DIRECT CITY MANAGER TO IDENTIFY AN EXTRA $50,000 FROM ANY
AVAILABLE SOURCE, TO CONTINUE FUNDING FOR GEORGIA
AYERS'S "ALTERNATIVE PROGRAMS." (See labels 8 & 10)
Mayor Clark: All right. Back to the CDBG (Community Development Block Grant). Go
ahead, Frank Castaneda.
Mr. Frank Castaneda: Yes. Well, I had finished my presentation. I think some Commissioners
wanted to make...
Mayor Clark: Yeah, this lady was starting to speak.
Vice Mayor Dawkins: Armbrister or somebody, I don't know.
Mayor Clark: Where is Ms. Armbrister?
(INAUDIBLE COMMENT)
Mayor Clark: All right, go ahead and speak.
Ms. Lisa Hellinger: Hello again. I'm Lisa Hellinger, representing Hope Center. Hope Center
has been in this community since 1955, and our original building, which holds 50 of our
mentally retarded children and adults is in desperate repair. We have plumbing problems which
is causing water to seep through the walls and carpet, and this...
Mayor Clark: What number are you on the...
Ms. Hellinger: Our application was submitted late, and we were told to come today on an appeal
basis for funding..
- _ -115_ - April 1.4, 19:94
Mayor Clark: What were you asking for?
Ms. Hellinger: We're asking to start the project, to do half of the dormitories would start at
$200,000. The whole project, with all the architectural work, the tiling, the plumbing, the
fixtures, and to improve the accessibilities for our handicapped children and adults into the
bathroom areas, all this would cost us approximately $400,000, two hundred for the boys' side
and two hundred for the girls' side. We ask that... We desperately need to start this project in
order to maintain our facilities and maintain the high quality and the standards that we have at
Hope Center.
Mayor Clark: OK. Thank you, ma'am.
Ms. Hellinger: Thank you.
Mayor Clark: Yes, ma'am.
Ms. Mary Johnson: I'm Mary Johnson. I'm chairman of the board of Tri-City Community
Association, and I'm asking that you consider, from these funds under discussion now, the fact
that we have more than 30 homeowners, mostly senior citizens, 90 percent of them, whose
homes need rehabilitation, and we provide that service at no cost to them. And we know that
earlier this morning you did not grant that.
Mayor Clark: Frank.
Ms. Johnson: We misunderstood.
Mayor Clark: Does she qualify under this program?
Mr. Castaneda: They were under housing.
Ms. Johnson: Danny Fernandez said that we could come back through this program.
Mr. Castaneda: Right.
Ms. Johnson: These funds.
Mayor Clark: Are you listed on the list?
Ms. Johnson: Yes.
Mr. Castaneda: No, they... Mayor, she appears under the housing section. She's item 14 in the
housing section. Remember that this is the one that we discussed that the performance level had
declined through the years, and because of that, we had recommended not funding. They have
since created a new board and hired additional staff.
Mayor Clark: So since they've done that, have you reconsidered?
Mr. Castaneda: Well, they... Well, you know, they have significantly improved. The
improvement has occurred after we submitted the application, Commissioner.
Mayor Clark: All right. You're asking for $50,000, right?
Ms. Johnson: Yes, we are.
116 April 14, 1994
4•�
Mayor Clark: All right. You've made your pitch. I think everybody understands. Thank you.
Ms. Johnson: Thank you very much. Yes, ma'am.
Ms. Esther Armbrister: My name is Esther Armbrister, and my address is 3350 Charles Avenue.
I did not hear Mr. Frank... What is your name?
Mayor Clark: Castaneda.
Ms. Armbrister: Castaneda. I did not hear him say anything about Coconut Grove Park, and I
was kind of upset, because what you do, and when I say "you," I mean the City, you continue to
put your bids out for the lowest bidder, and you continue to hire the same incompetent contractor
over and over again. So I thought you had used our monies. But I went back in the back and
they showed me where they had not used our money. I just want to be doggone sure the
money's still there and fix my park, and Virrick Park. Thank you.
Mayor Clark: Have you got that money?
Mr. Castaneda: Yes, Commissioner.
Mayor Clark: So they haven't taken your money.
Ms. Armbrister: I beg your pardon.
Mayor Clark: They have not taken your money.
Ms. Armbrister: They haven't done... I pay taxes, too, even though I'm kind of up there, but I
still pay taxes.
Mayor Clark: Thank you, Ms. Armbrister.
Ms. Armbrister: Thank you.
Mayor Clark: Yes, ma'am.
Ms. Barbara Jordan: Good afternoon, Mr. Mayor, members of the Commission. First of all, I'd
like to thank you on behalf of our board chairman, Clark Cook, who happens to be out of town
for the support that you've given Greater Miami Service Corps. We would also like to thank you
for supporting a team this year for six months. As you know, the Corps supports young adults
who are in the City of Miami that work on public property in the downtown area, as well as in
the community.
Mayor Clark: You've got $85,000.
Ms. Jordan: We have $85,000, and we're here to thank you for that.
Mayor Clark: Thank you. You're very welcome.
Ms. Jordan: And it's great to see you here, Mr. Mayor.
Mayor Clark: Thank you. Thank you, ma'am. All right. What else do we have on this item?
Anyone else? What do you... Georgia, what have you got?
Commissioner Plummer: Mr. Mayor, in reference item 13, I would like that money restricted to
Commission approval only, on item by item, on...
117 April 14, 1994
Mayor Clark: Downtown Miami Gateways?
Commissioner Plummer: Yes, sir.
Mayor Clark: Yes, sir.
Commissioner Plummer: On item 15, my colleague has indicated on Gibson Park, increasing it
by $40,000.
Mayor Clark: All right.
Commissioner Plummer: On Moore Park, it's...
Mayor Clark: What number?
Commissioner Plummer: Moore Park is 28. Mr. Mayor, I recommend that we take the $100,000
from One Art...
Mayor Clark: Yes, and put it there?
Commissioner Plummer: And $50,000 from the public reserve, and give Moore Park the
$300,000 that is needed; and Range Park be increased, for the swimming pool, by $60,000. I so
move.
Mayor Clark: Ms. Range's park is up to $60,000 now?
Commissioner Plummer: No, three hundred for Moore, sixty for Range.
Vice Mayor Dawkins: No. He upped it by sixty.
Mayor Clark: But it's not been recommended for anything.
Vice Mayor Dawkins: Not recommended for any?
Mayor Clark: No.
Commissioner Plummer: Forty more for Gibson and...
Mayor Clark: There's nothing recommended on the record.
Vice Mayor Dawkins: All right. So sixty, put sixty.
Commissioner Plummer: Forty more for Gibson, and on DDA (Downtown Development
Authority), each one of those by approval of this Commission.
Mayor Clark: You're recommending $60,000 for Range Park, J.L.?
Commissioner Plummer: Sixty for Range, yes, but dedicated, Mr. Mayor, for the swimming
pool. OK?
Mr. Castaneda: How much for Moore Park, Commissioner?
Vice Mayor Dawkins: Three hundred thousand.
118 April 14, 1994
"'JA\ 1
Mayor Clark: Three hundred thousand.
Mr. Castaneda: Three hundred thousand dollars for...
Mayor Clark: Take out the One Art, and J.L. spell that out again, will you?
Commissioner Plummer: All right. Again, item 13, the DDA money be reserved until each item
has come before this Commission for approval. Gibson Park to get $40,000 on top of the eighty
already dedicated. Moore Park would get a total of $300,000, coming one hundred from One
Art and fifty... Well, it's going to have to come from somewhere else, now, because I'm told
this reserve is not on that side, so the Administration will have to figure out where the other
hundred comes from. And sixty for Range Park, which would be for dedication of the
swimming pool.
Mayor Clark: All right, you got a motion.
Vice Mayor Dawkins: Second.
Mayor Clark: All right.
Vice Mayor Dawkins: Under discussion. Mr. Smith, you got $60,000 for the pool. The pool
has a crack in it, it's leaking, water can't stay in it. It's unsafe to use, because you have to keep
adding chemicals to the water. With $60,000, there's no reason why, when the summer begins,
this pool would not be operational and ready to fly.
Mr. Smith: It will be ready.
Vice Mayor Dawkins: OK. Thank you.
Mayor Clark: The funding source for these, Mr. Plummer has stated in his motion. Find it.
Mr. Castaneda: Commissioner, in this particular case, I will take... I will look for prior years
funding and find the money for that.
Commissioner Plummer: Fine.
Mayor Clark: "Seguro, seguro." OK. Call the roll.
119 April 14, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-250
A MOTION ACCEPTING STAFF'S RECOMMENDATIONS IN CONNECTION
WITH PROPOSED ALLOCATION OF TWENTIETH YEAR CDBG FUNDS IN
THE CATEGORY OF "PUBLIC FACILITIES AND IMPROVEMENTS,"
SUBJECT TO THE FOLLOWING PROVISOS AND/OR MODIFICATIONS:
(1) DOWNTOWN MIAMI GATEWAYS/DDA [#13 *] - COMMISSION
RESTRICTED EXPENDITURE OF THESE FUNDS BY REQUIRING
COMMISSION APPROVAL, ON AND ITEM BY ITEM BASIS, PRIOR
TO DISBURSEMENT OF SAID FUNDS;
(2) GIBSON PARK [#15 *] - COMMISSION APPROVED STAFF'S
RECOMMENDATION OF $80,000, AND ALLOCATED AN
ADDITIONAL $40,000 - FOR A TOTAL FUNDING OF $120,000;
(3) MOORE PARK [#28 *] - COMMISSION ALLOCATED $300,000
($100,000 ARE TO COME FROM MONIES PREVIOUSLY
EARMARKED FOR "ONE ART. INC." AND THE BALANCE OF THE
MONIES FROM AN ALTERNATE FUNDING SOURCE TO BE
IDENTIFIED BY THE CITY MANAGER;
(4) RANGE PARK [#37 *] - COMMISSION ALLOCATED $60,000,
SPECIFICALLY EARMARKED FOR THE PARK'S SWIMMING POOL.
[* Note: The number in parenthesis at the end of the agency's name (followed by the
asterisk) designates the number which was assigned to the project in the
report entitled: "Community Development 1994-1995" which is part of
Ordinance 11136 appropriating total monies received from HUD concerning
CDBG (twentieth year) funding.]
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: OK. Where do we go now, to housing? I mean Administration?
Vice Mayor Dawkins: Where do we go now? Housing, Administration, Mr. Mayor?
Commissioner Plummer: What? Yeah, administration. We've already done a number on that
one.
Mayor Clark: Not a bad number. It's just the prior years, Frank. Do you hear? Prior years.
Commissioner Plummer: Well, Mr. Mayor, I'll move the administration, subject to the
deductions which have already occurred. I so move.
120 April 14, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: I second, and under discussion.
Mayor Clark: No discussion, let's go.
Vice Mayor Dawkins: Yes, sir. Whatever is left after you adjust, let each Commissioner know
what's left in Administration because it may be a desire, Mr. Mayor, to make some more
changes.
Mayor Clark: Maybe.
Vice Mayor Dawkins: Maybe, OK.
Commissioner Plummer: Boy, that will keep them on their toes.
Mayor Clark: Frank, let's...
Commissioner Plummer: What are we going to do... Let me ask a question. What are we going
to do about Georgia Jones?
Mayor Clark: About what?
Commissioner Plummer: Georgia Jones. Now, she cannot operate her...
Mayor Clark: How much does she need?
Commissioner Plummer: She has fifty. She needs another fifty, Mr. Mayor. This is the
program of ex -offenders.
Mayor Clark: Cesar, where are you?
Mr. Smith: He's not here. I'm here.
Mayor Clark: All right, Carlos.
Commissioner Plummer: All right. I'll make a motion at this time, leaving it to the discretion of
the Administration to find an additional 50,000 with this program. They take it from wherever
they find it. I so move.
Mayor Clark: Now, listen.
Commissioner Plummer: Yes, sir.
Mayor Clark: Please pray for this empowerment zone. I can tell you that that would make your
day so much easier. Ms. Range, all of us concerned, if we can get that empowerment zone down
here, it will be a great boon to this community for a long time, for a hundred million dollars to
come.
Vice Mayor Dawkins: Ms. Range, you pray for it, and I'll pray against it, and our prayers will
cancel out.
Mayor Clark: Frank, now listen.
121 April 14, 1994
Mr. Castaneda: Yes, sir.
Mayor Clark: That's all we have here, right?
Mr. Castaneda: That's it.
Commissioner Plummer: You have my motion on the floor, Mr. Mayor.
Mayor Clark: Yes, sir. Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-251
A MOTION ACCEPTING STAFF'S RECOMMENDATION IN CONNECTION
WITH PROPOSED ALLOCATION OF TWENTIETH YEAR CDBG MONIES IN
THE CATEGORY OF "ADMINISTRATION," SUBJECT TO PRIOR FUNDING
MODIFICATIONS AS DIRECTED BY THE CITY COMMISSION ON THIS
DATE DURING DISCUSSION OF THIS AGENDA ITEM; FURTHER
DIRECTING THE ADMINISTRATION TO ALLOCATE 15 PERCENT (15%) OF
THE TOTAL HUD CDBG GRANT MONIES (TWENTIETH YEAR), ($2,052,150)
TO THE SOCIAL PROGRAMS CATEGORY, IN ORDER TO PARTIALLY
COVER THE ADDITIONAL FUNDING GRANTED BY THE CITY
COMMISSION TO CERTAIN DESIGNATED PROGRAMS WITHIN SAID
CATEGORY; AND FURTHER DIRECTING THE ADMINISTRATION TO
IDENTIFY AN ALTERNATE FUNDING SOURCE TO PROVIDE THE
BALANCE OF THE FUNDS NECESSARY FOR IMPLEMENTATION OF SAID
MODIFICATIONS; AND FURTHER DIRECTING THE MANAGER TO
IDENTIFY AN EXTRA $50,000, FROM WHATEVER SOURCE HE MAY DEEM
APPROPRIATE, FOR CONTINUED FUNDING OF GEORGIA AYERS'S
"ALTERNATIVE PROGRAMS."
Upon being seconded by Vice Mayor Dawkins, 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: Listen, Frank, before you leave... OK, folks, are y'all happy? Good. I sent a
memo...
Vice Mayor Dawkins: What about...
Mayor Clark: Just a moment, please.
Vice Mayor Dawkins: I'm sorry, Mr. Mayor.
122 April 14, 1994
'" )
Mayor Clark: I got the floor.
Mayor Clark: Let me be very clear, because I have a lot of concern of the unexpended prior
years CDBG monies. The total amount of unexpended prior year monies is somewhere around...
I don't know, but I'm going to find out. Although I know some unexpended monies are from
projects in progress, this is a very large amount of money. In fact, it is more than some millions.
What I want to do is a breakdown, item by item, not just lump everything together. I want, item
by item, what is unexpended, and every item we discussed here today. And by the time we come
up at the next meeting in April, I wish I could have that back. Because I received a couple of
memos back that haven't explained it the way I want it. I can see this, but it doesn't satisfy what
I...
Commissioner Plummer: Mr. Mayor, I think that you want to go back more than what... this
year.
Mayor Clark: I want to go back to the day we started.
Commissioner Plummer: Day one, any monies that were not - were allocated and not used, any
monies that are sitting in surplus, any monies that this Commission...
Mayor Clark: Item by item.
Commissioner Plummer: That's right.
Mr. Castaneda: Fine, we've done that.
Mayor Clark: By category, really.
Mr. Castaneda: By category, that's fine.
Mayor Clark: OK?
Mr. Castaneda: OK.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I think we have some people here...
Mayor Clark: Frank, now you'll have that for me, right?
Mr. Castaneda: Yes.
Mayor Clark: OK. You understand.
Vice Mayor Dawkins: But I need to say publicly that I don't think the empowerment zone will
do what they say it will do. But there again, the community must band together, because if
there's one dissension...
Mayor Clark: It will go right out the window.
Vice Mayor Dawkins: ...of any municipality, that's Opa Locka, Miami Beach, anybody, we lose
the whole thing. So you need to try to get everybody on board, you see? Because...
123 April 14, 1994
Mayor Clark: You may not get what you want, but it's going to be more than you have, much
more than you have.
Vice Mayor Dawkins: OK. Now, I just have to say that so that people don't say, "Well, why
didn't you tell us?" See? But if one municipality screams and yells that they're dissatisfied, we
may blow the whole thing.
Commissioner Gort: Mr. Mayor.
Mayor Clark: So please, our job and your job is well cut out for us. Yes, sir.
Commissioner Gort: From my understanding, we made a presentation at League of Cities the
other day, and the League of Cities are backing this up, and I requested a resolution from each
one of the cities that belongs to the League of Cities to send us a letter approving this.
Vice Mayor Dawkins: We got some people here. I don't know...
Mayor Clark: OK. Do we have to get a motion on the overall project now, Frank? On the
overall...
Mr. Castaneda: I think you did that already.
Mayor Clark: We've handled that.
Commissioner Plummer: We did that at 6.
Mayor Clark: All right, let's move forward. Thank you all, folks.
Vice Mayor Dawkins: You got some people over here, Mr. Mayor.
Mayor Clark: Did you have something to add?
Ms. Annie Smith: Yes, Mr. Mayor. My name is Annie Smith, and I was here this morning in
regards to the fence in Town Park Village, and I'm back here this afternoon asking that you
reconsider and give us the $26,000 that we asked for the fencing in Town Park Village.
Mayor Clark: Can we ask the Manager to take it under advisement and come back with an
answer for us? We don't have it right now for you. All right?
Ms. Smith: Thank you.
Mayor Clark: We promise you. Now, we got a lot of witnesses here that I made the promise.
Yes, ma'am.
Ms. Dorothy Quintana: Yes. I'm very frustrated for what you people have done now with One
Art.
Vice Mayor Dawkins: Frustrated.
Ms. Quintana: I don't know if you people know what you did with One Art. Let me tell you. I
seen it...
Mayor Clark: Are you talking about Wynwood?
124 April 14, 1994
Vice Mayor Dawkins: No, One Art.
Ms. Quintana: One Art.
Vice Mayor Dawkins: One Art.
Mayor Clark: One Art, yeah.
Ms. Quintana: I've seen what these people are doing with those children from the street. They
pick them up after school. You want them to be on drugs and stealing, like I see in Wynwood?
Commissioner Plummer: Dorothy.
Ms. Quintana: I seen those children in Wynwood stealing and using drugs. I mean, these
fellows taking the children off the street...
Mayor Clark: Please.
Commissioner Plummer: Dorothy, excuse me. Mr. Mayor, may I speak to the issue?
Ms. Quintana: I'm very unhappy.
Mayor Clark: Yes, ma'am - yes, sir.
Ms. Quintana: I'm very unhappy.
Commissioner Plummer: Dorothy...
Mayor Clark: Please.
Commissioner Plummer: Their budget is large.
Ms. Quintana: I understand that.
Commissioner Plummer: And the money that they were going to do was building a mausoleum
monument to themselves.
Ms. Quintana: Yeah.
Commissioner Plummer: They were building a structure that would equal any office space in
downtown, rather than the money going to address the problem of the children. It was not for
the problem of the programs. It was for that magnificent structure that they were going to build,
and that's where this was killed.
Ms. Quintana: No. I seen the way he takes them in and teach them, then send them off the
street.
Commissioner Plummer: He's here. He's right here behind you, Dorothy.
Ms. Quintana: Well, I'm there and I see them.
Commissioner Plummer: He's right behind you.
125 April 14, 1994
Ms. Quintana: I'm so sorry about you people. You're doing the wrong thing.
Mayor Clark: We love you, though. We love you, you know that. Yes, sir.
Mr. Alex Prado: Alex Prado, executive director of One Art, Incorporated. I don't know how to
relay this message to all of you. OK. You're pointing out, you know, your idea that it's a huge
facility. Obviously, it's a large facility because of the need in the community is very great. In
our present 2,000 square foot facility, we have no more space to provide our services. How else
are we to provide these services? We have to build a facility...
Commissioner Plummer: No, you don't, sir.
Mr. Prado: ... in order to make these services provided.
Commissioner Plummer: No, you don't. That's where this Commission disagreed with you on
three different occasions. You don't have to build a facility. We have more than enough empty
buildings in this community. Not only were you going to build a building, you were building an
absolutely magnificent building.
Mr. Prado: No. With the facility...
Mayor Clark: Please, I'm going to stop this
understand the Commission has taken action.
where you can make, do your...
right now. I'm going to stop this right now. We
Come back and see if we can get you a building
Mr. Prado: What we already had purchased, if I could make a point of it, this Commission
granted One Art $75,000 to purchase land, which we had done, in order to develop that property
with a facility designed to get kids off the streets. So we had been granted dollars from this
Commission. You voted yes for that.
Commissioner Plummer: Sure did.
Mr. Prado: We went out to the State. We secured $400,000 from the State, $300,000 from the
County, over $100,000 from private sources, and the only link that's missing is the one who
initiated this process, which is this Commission. I'm not asking... Listen, you know, we're only
asking for a little bit, $100,000, to show that the City of Miami is still behind this project. Man,
I have hustled to get dollars into place, and it's very difficult when the municipality that you're
in isn't behind you anymore. That's pathetic, it really is.
Commissioner Plummer: You were told at the time that you received the $75,000 that that was
it. We told you that at the time.
Mr. Prado: That was the second year.
Commissioner Plummer: You obviously did not believe it.
Mr. Prado: All right.
Commissioner Plummer: Now, you come back. Yes, we gave you money for a piece of
property. We did not tell you to go out and design a building that was as nice as any building in
this town, with glass windows and everything else.
j Mr. Prado: OK. Would you suggest that we build an ugly facility? I don't...
126 April 14, 1994
Commissioner Plummer: Sir, I think you should live within the taxpayers' money that you are
asking and coming here asking us for.
Mr. Prado: OK. If we were to negotiate...
Commissioner Plummer: You can build a building to...
Mayor Clark: Please, please, please now. That's the end of the conversation.
Mr. Prado: OK. I understand...
Mayor Clark: End of the conversation.
Mr. Prado: OK. Thank you.
Commissioner Plummer: All right. OK. Thank you, sir.
Mayor Clark: Thank you. Let's move forward.
Commissioner De Yurre: Mr. Mayor, if I may. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: You know, getting back, and maybe I recall things a little bit
differently from J.L. I had spoken a number of times with these guys from One Art. And, in
fact, I was the one that told them that all that they could get last year was the $75,000.
Commissioner Plummer: That's right.
Commissioner De Yurre: But I did tell them also to come back next year and, piecemeal, put
your money together. You know, it's the kind of thing that if they already have secured
$700,000 and were just missing a hundred, that there should be some latitude to help them out
somewhat.
Mayor Clark: Well, let us, you know, give Willy and I a chance, will you? We just got here.
Right, Willy?
Commissioner Plummer: That's it.
Mayor Clark: Give us a chance. I'm not against that. I'm not against anything like that. But,
please sir, we've had enough.
Mr. Prado: One more point.
Mayor Clark: I'm trying to help you, now.
Mr. Prado: OK.
Mayor Clark: There's an old adage, "when to hold and when to fold."
Mr. Prado: OK.
Commissioner De Yurre: I just want to keep that open, Mr. Mayor, so that in the future, that we
can come back and revisit this.
127 April 14, 1994
Mayor Clark: All right. I'd be happy to recognize that. Let me look into this.
Commissioner Plummer: Mr. Mayor, I would only ask that the Administration forward to you
the plans that were surrendered to all of us, so you'll be able to be informed.
Mayor Clark: I'll be happy, I want to see all that. Thank you. Yes, ma'am.
Ms. Marlene Arribas: My name is Marlene Arribas. I'm executive director of the Hispanic
Coalition. I believe we got left out this morning on the CDBG money for our job placement
program.
Commissioner Plummer: That's not true.
Mayor Clark: Were you here?
Ms. Arribas: Yes, we were here but we came a little...
Commissioner Plummer: The Hispanic Coalition?
Ms. Arribas: Yes.
Commissioner Plummer: The Mayor increased you from $10,000 up to what? You were
increased.
Ms. Arribas: Nobody knows.
Unidentified Speaker: Nobody knows.
Mayor Clark: Aspira?
Commissioner De Yurre: No, no. The...
Unidentified Speaker: No. The Hispanic Coalition.
Commissioner Gort: At the same time, I was told that the staff would work with you, because
they believed they could find funding in other places, in other agencies.
Mayor Clark: Twenty-five thousand dollars. OK?
Commissioner Plummer: Correct.
Ms. Arribas: OK. Thank you very much.
Mayor Clark: You're welcome.
Commissioner Plummer: From the 10,000 recommended, you went to twenty-five.
Ms. Arribas: OK. Well, nobody knew about that. That's why we stayed to find out.
Mayor Clark: We came loud and clear.
Ms. Arribas: OK. Thank you very much.
128 April 14, 1994
a�
Mayor Clark: Thank you, ladies.
Unidentified Speaker: Bye-bye.
Mayor Clark: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: On my last opportunity after speaking this morning, I want to
wrap it up.
Mayor Clark: Tie it up.
Mr. Gonzalez-Goenaga: Next year, I will make a petition to build a castle in the sky base, and
I'm going to ask funds to the City of Miami, the Dade County, and the State of Florida, a castle
in the sky. Thank you very much.
Mayor Clark: Let me say this, Manuel. This is not an easy job. Please, I'm talking now. This
is not an easy job. It's awfully difficult for my colleagues and myself to sit up here, and separate
and prepare, and try to do the best we can. And it's a damn foolish mistake for people to get up
and criticize us for trying to do what is right. OK? Next case.
Commissioner De Yurre: Mr. Mayor, just for the record, we won't be able to help him because
the sky is not part of the jurisdiction within the City of Miami. So.
Commissioner Plummer: No, sir, we have air rights.
-------------------------------------------------------------------------------------------------------------------
13. AUTHORIZE NEGOTIATION OF A LOAN ($16,000,000) FROM THE SUNSHINE
STATE GOVERNMENTAL FINANCING COMMISSION FOR THE PURPOSE OF
FINANCING CERTAIN CAPITAL IMPROVEMENTS.
Mayor Clark: What's the next item? What's the next item? Let's go.
Vice Mayor Dawkins: Item 7.
Mr. Carlos Smith (Assistant City Manager): Item 7.
Commissioner Plummer: Well, wait a minute. I thought seven... Oh, OK. Yeah, you're right.
That's the loan from the Sunshine.
Mr. Carlos Garcia: Mr. Mayor and Commissioners, my name is Carlos Garcia, finance director
for the City. This item was approved by the City Commission, first on a preliminary basis...
Commissioner De Yurre: Carlos.
Mr. Garcia: Yes, sir.
Commissioner De Yurre: Can you explain something to me for a minute? Mr. Mayor...
Mayor Clark: What's the terms of this loan, Carlos?
Commissioner De Yurre: We have seven, item number 7 is composed of four, "A," "B," "C,"
"D." And I don't see any relationship between "A," "B," "C," and "D," at all.
129 April 14, 1994
Mr. Smith: My understanding is that some of these items came in late, after we had assigned
some numbers to these items, so instead of having to renumber everything, we assigned
subcodes to the numbers.
Commissioner Plummer: That's not true.
Mr. Smith. But that's still under sixty. That's still under sixty items.
Commissioner Plummer: The true number is that we have sixty items, and suddenly, they sprout
little babies.
Mr. Smith: That's still under sixty items.
Mayor Clark: Well, that's the progress of Administration.
Commissioner Plummer: It's called "Sneaky Pete."
Mayor Clark: All right. Please. Do we have a motion on item 7?
Commissioner Plummer: I'll make a motion, subject to each and every one of the approvals has
to come before this Commission.
Vice Mayor Dawkins: I second it, and under discussion. Mr. Manager, the police cars for four
million, two hundred thousand dollars, the police radios for one million, two-six-O, in the event
that the citizens of the City of Miami vote to pass the police bond issue, will that money be...
Will it be refunded to this money, or that will be on top of the bond issue?
Mr. Garcia: Commissioner, these police cars are not considered to be fixed asset funding,
funded by bonds.
Vice Mayor Dawkins: All right. What now?
Mr. Garcia: They cannot be paid with bond monies, because they have a five-year life, and bond
proceeds are...
Vice Mayor Dawkins: All right. So if you're going to buy these automobiles, you need to
reduce the bond amount by this amount.
Mr. Garcia: They were...
Vice Mayor Dawkins: Hello.
Mr. Garcia: As far as I know, Commissioner, they were not... Mr. Vice Mayor...
Vice Mayor Dawkins: Beg your pardon?
Mr. Garcia: As far as I know, Mr. Vice Mayor, they were not included in the bond sale at all.
Vice Mayor Dawkins: But it's money for police services, OK?
Mr. Garcia: Yes, that is true. Yes.
Vice Mayor Dawkins: Now, the bond issue is being passed to provide money, to provide police
services. Is that a correct statement?
130 April 1.4, 1994
.. e '1-�r
Mayor Clark: Capital improvements only.
Mr. Garcia: Yes, Mr. Vice Mayor, but not police cars.
Vice Mayor Dawkins: But the point...
Mayor Clark: They can't be classified as a capital improvement. Automobiles cannot be
classified as a capital improvement.
Mr. Garcia: That is correct.
Mr. Smith: That is correct.
Mayor Clark: And in a bond issue, the only thing you can pay for is not salaries or anything
else, it's capital improvements.
Vice Mayor Dawkins: OK. So this is... This bond issue is for capital improvements only.
Mayor Clark: Yes, yes.
Vice Mayor Dawkins: OK. I ain't got a problem.
Commissioner Plummer: I thought we were going to lease cars, instead of buying them. What
happened?
Mayor Clark: Come again, J.L.?
Commissioner Plummer: We were going to lease cars instead of buying them.
Mr. Garcia: This transaction is instead of a lease purchase agreement. A lease purchase
agreement would pay about five percent annually on interest, and these pay about three and a
half percent. So this is a much better transaction from a financial standpoint than just a pure
leasing transaction.
Commissioner Plummer: Well, you know, Mr. Mayor, I got to put on the record, I'm getting
scared, so let me tell you. The School Board just passed a billion dollar bond. The County is
getting ready to pass a billion and a half dollar bond. We just passed a thirty billion dollar bond
for paying off claims, and we're going to have to borrow fifty million more. We're now talking
sixteen million dollar bond here. We're talking about police and fire, another sixty million
dollar bond. We're obligating our grandchildren. I want to tell you, we got seventeen million to
pay off next year on the Orange Bowl, and we don't have it. Hopefully, they'll be able to
refinance. I mean, this just... It's going on, and on, and on, and all we're doing here is just
extending and delaying.
Mayor Clark: Please, now, don't start something. This has been going on, J.L., for about 20
years.
Commissioner Plummer: Well, Mr. Mayor, it's getting heavier all the time, that's my concern.
Mayor Clark: I know it. We're going to have to get some more suspenders to hold it up.
Commissioner Plummer: OK.
131 April 14, 1994
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mr. Manuel Gonzalez-Goenaga: I understand this is a public hearing.
Commissioner Gort: I have a question, Mr. Mayor.
Mayor Clark: What do you have to say on it?
Mr. Gonzalez-Goenaga: Well, when can I be recognized?
Mayor Clark: Well, yes, you're standing there.
Mr. Gonzalez-Goenaga: Yes. No, no, but I have to be recognized by the Mayor.
Mayor Clark: Well, you're recognized, Manuel.
Mr. Gonzalez-Goenaga: Well, here we have a proposed Sunshine sixteen million loan.
Mayor Clark: Yes, sir.
Mr. Gonzalez-Goenaga: Based on the Sunshine State Government Financing Commission.
Well, as the word states, Sunshine is the best disinfectant. That means full, fair and total
disclosure. And the citizens...
Mayor Clark: Well, that's the State of Florida.
Mr. Gonzalez-Goenaga: Yes, but... Yeah, but it applies to the City of Miami, also.
Mayor Clark: Sunshine, Sunshine...
Mr. Gonzalez-Goenaga: Sunshine laws, right. I would love, because every time...
Mayor Clark: Please, now, let me tell you something.
Mr. Gonzalez-Goenaga: No, no. I still have two minutes, one more minute.
Mayor Clark: You got about a half a second.
Mr. Gonzalez-Goenaga: Well...
Mayor Clark: Let me tell you. We borrowed that money from the State, right?
Mr. Garcia: It's an association of various cities and counties throughout the State of Florida,
including Miami.
Mayor Clark: And we borrowed that money for three percent.
Mr. Gonzalez-Goenaga: But the citizens have to pay for those bonds, unless we are talking of...
This is worse than voo-doo economics. Every time I have been coming before you were Mayor,
I saw resolutions of buying and renting police cars, and I remember vividly when Commissioner
Plummer did say that more than one third of the brand new Caprice Classic cars for the
honorable and distinguished police were in bad shape. So we need, again, full accountability.
132 April 14, 1994
And then they come out with another $300,000 for more cars, more cars, more cars, more cars,
and where, and in what shape are they? We need a total comprehensive integration, reevaluation
of all these things. °
Mayor Clark: That's what you call...
Mr. Gonzalez-Goenaga: And then it's very easy to issue money.
Mayor Clark: That's what you call a quota fence, a wraparound.
Mr. Gonzalez-Goenaga: No. The thing is full, fair and honest disclosure. And again, if you are
to serve, then you have to be accountable to all the citizens, because in the long run, we are the
ones who pay for it. Not you, out of your pocket. You guys receive at least $5,000, but we have
to pay for everything. Thank you.
Mayor Clark: Thank you.
Commissioner Gort: Mr. Mayor, I'd like to ask a question.
Vice Mayor Dawkins: All right, 7-A.
Mayor Clark: Motion on the item.
Commissioner Gort: Mr. Mayor, I'd like to ask a question.
Mayor Clark: Yes.
Commissioner Gort: Is this rate, is it a cap at three percent?
Mr. Garcia: No, it's not capped at three percent. Right now, it's three percent, but it will vary,
because it is a variable rate.
Commissioner Gort: I know, but do we have a cap to limit the variable?
Mr. Garcia: No, sir. There is no cap on that. But the past history, for the last four or five years,
it's never exceeded three percent. Right now, it's below two percent, the variable rate.
Commissioner Plummer: Is there, by Charter, a cap?
Mr. Garcia: Sir?
Commissioner Plummer: Seven something, by cap, on bonds?
Mr. Garcia: No, sir. No.
Commissioner Plummer: Huh? Did they remove that?
Mr. Garcia: No, sir, there is no cap in the City Charter, as far as I know.
Mayor Clark: OK. We've got a motion on the item, a motion and a second. Call the roll,
Madam Clerk.
133 April 14, 1994
ME
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-252
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO
EXCEED $16,000,000 FROM THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION FOR THE PURPOSE OF FINANCING CERTAIN
CAPITAL IMPROVEMENTS; APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT; PROVIDING FOR THE REPAYMENT
OF SUCH LOAN FROM CERTAIN LEGALLY AVAILABLE REVENUES OF
THE CITY OF MIAMI; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE MAKING OF SUCH LOAN; 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 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.
134 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
14. (A) FIRST READING ORDINANCE: AMEND 10938 -- INCREASE TOTAL
APPROPRIATIONS FOR CAPITAL PROJECT: SAINT HUGH OAKS VILLAGE
HOUSING PROJECT (CIP 321040), FROM SALE OF AFFORDABLE HOUSING UNITS
TO COVER OVERRUN INCURRED IN DEVELOPMENT OF 23 NEW SINGLE-FAMILY
UNITS ON THE CITY -OWNED SAINT HUGH OAKS PARCEL LOCATED IN COCONUT
GROVE.
(B) RESOLUTION FAILS TO AUTHORIZE INCREASE IN CONTRACT WITH
ASSOCIATES CONSTRUCTION CORPORATION FOR THE SAINT HUGH OAKS
VILLAGE HOUSING PROJECT, B-6206 (CIP 321040) — FUNDS TO BE PROVIDED
FROM SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM (CIP
321034).
(C) DIRECT CITY MANAGER AND CITY ATTORNEY TO INITIATE A STUDY,
SUPPORTED BY EMPIRICAL DATA, TO ASCERTAIN WHETHER OR NOT THERE
HAS BEEN DISCRIMINATION IN HOUSING IN THE CITY -- DIRECT CITY ATTORNEY
TO EXPLORE FEASIBILITY OF DRAFTING NONDISCRIMINATORY LEGISLATION,
SETTING THE POLICY THAT 25% OF CITY -SPONSORED ST. HUGH OAKS VILLAGE
CONDOMINIUM PROJECT UNITS SHALL BE RESERVED FOR AFRICAN-
AMERICANS IN THE COCONUT GROVE AREA.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 7-A.
Commissioner Plummer: I have a question...
Mayor Clark: Yes, sir.
Commissioner Plummer: ... to the Housing Department. There are 23 units; is that correct?
Mayor Clark: Yeah.
Mr. Jeff Hepburn: That's correct.
Commissioner Plummer: All right, sir. And what is the total cost on those units? What are they
going to sell for?
Mr. Hepburn: The total cost, per unit, is about, in terms of what the City cost was is about
$155,000.
Commissioner Plummer: OK. And how much are they going to sell for?
Mr. Hepburn: We're proposing to sell them for $115,000.
Commissioner Plummer: And so, in other words, the City will be subsidizing roughly forty
thousand on each unit.
Mr. Hepburn: That's correct.
Commissioner Plummer: How do we stay in business? Hello? Don't everybody answer at
once?
Mr. Hepburn: We feel that basically...
135 April 14, 1994
Commissioner Plummer: I mean, is it because we seil so many of them that we don't take the
loss as great?
Mr. Hepburn: No. What we think is that over a period of time, we'll be able to recoup our
dollars back through taxes, real estate taxes.
Commissioner Plummer: Will you live that long, or will I?
Mr. Hepburn: We have a number. I think it's over... How much?
Mayor Clark: Seventy years?
Mr. Hepburn; About $70,000 a year, we think, is what the tax generation will be for the...
Mr. Herb Bailey: Seventy-six thousand.
Mr. Hepburn: Seventy-six? Seventy-six thousand dollars a year, based on our projections.
Commissioner Plummer: And on home ownership is what they're proposed.
Commissioner De Yurre: J.L.
Commissioner Plummer: Yeah.
Commissioner De Yurre: Let me straighten my math here.
Commissioner Plummer: OK.
Commissioner De Yurre: Seventy-six thousand for 23 units?
Mr. Hepburn: Based on our projections, yes.
Commissioner De Yurre: Are you telling me that the taxes on these, what, hundred and what?
Mr. Hepburn: The selling price will be about $115,000.
Commissioner De Yurre: A hundred and fifteen thousand. Take off the twenty-five homestead
exemption. It's 90,000 times $31. That would be, you know, $2,000. And we only get a third
of that. Where do you get $76,000 on twenty-three units?
Mr. Bailey: The arithmetic on that, Commissioner, is that the assessed value, we estimate them
to be around $124,173 for taxes. We take off the homestead exemption. We're looking at
$99,000. We get...
Commissioner De Yurre: A hundred thousand for round.
Mr. Bailey: A hundred thousand, yeah.
Commissioner De Yurre: Round figures, a hundred thousand.
Mr. Bailey: Well, we get .031691, which is what is being assessed in Coconut Grove, times...
That's about $3,000 per unit, times 23 units.
Commissioner De Yurre: Yeah, but how much do we get of that? We only get our ten mills.
136 April 14, 1994
Mr. Bailey: This is the City's portion.
Commissioner De Yurre: No, no, no. What, thirty-one?
Commissioner Plummer: Noway.
Mayor Clark: We only got...
Commissioner Plummer: No way.
I
Commissioner De Yurre: No, no, no. What are you talking about?
Mayor Clark: Wait a minute, wait a minute, wait just a minute. You got a $99,000 taxable
position here. Thirty mills times that is what? Then take off, take off the twenty-five. You
take... Twenty-five is taken off of it, right, Herb?
Mr. Bailey: That's 99,000, yes.
Mayor Clark: Ninety thousand. How much is the total mil.lage? About thirty mills?
Mr. Bailey: Yeah. It's .31.
Mayor Clark: And we get a third of that.
Mr. Bailey: We get a third of that, yes.
Mayor Clark: What would that amount to?
Mr. Bailey: That's $3,142.89, according to our calculations.
Mayor Clark: Times twenty-three. So you figure that's about...
Mr. Bailey: Yeah, it's times twenty-three.
Commissioner De Yurre: OK. Mr. Mayor, for the record, that includes Dade County taxes...
Mayor Clark: Sure, it does.
Commissioner De Yurre: ... it includes School Board taxes.
Mr. Bailey: Right.
Mayor Clark: You're only taking a third of it.
Commissioner De Yurre: So we're not getting back our money. That's J.L.'s point.
Commissioner Plummer: No way that we're getting seventy-six thousand, the City, getting
sixty, seventy-six thousand back in taxes.
i
Mayor Clark: That's right.
Commissioner Plummer: Noway.
137 April 14, 1994
Mr. Bailey: Well, that's the total tax, and the County...
Mayor Clark: Yes, you are.
Commissioner Plummer: That's total tax.
Mr. Bailey: That's total tax.
Commissioner Plummer: That's County, School Board, and City.
Mr. Bailey: Yes.
Commissioner Plummer: Now, when you're telling me you're going to recoup the $40,000
subsidy on each unit, again, I'm asking you, how many years is it going to take you to get back
the $40,000.
Commissioner De Yurre: Forty years.
Commissioner Plummer: You know, because I continue to say here, Mr. Mayor...
Mayor Clark: Go ahead.
Commissioner Plummer: ... that we're giving these programs, and we're not putting anything
back into them. The day is going to come when there's not going to be anything in the cupboard
left. Now, I just don't understand here... Who is... Why is there an increase in the cost of over
$100,000?
Vice Mayor Dawkins: To get our money back.
Commissioner Plummer: No, no, no. Why is there more than $100,000, and who approved the
$100,000?
Mr. Bailey: Well, in your document, and I can go over it item for item, Commissioner, when
we...
Commissioner Plummer: Well, no, no. Tell me why. Is it change orders?
Mr. Bailey: No, no, no. That... In fact, we've taken up item 25, instead of item 7-A and B, and
I think it's appropriate that we do 7-A, 7-B and 25. If you want to talk about the change order
that we're requesting, it's $116,000.
Commissioner Plummer: That's my question.
Mr. Bailey: OK.
Commissioner Plummer: Why are there $116,000?
Mr. Bailey: Well, actually, it was really two -twenty-six until we negotiated it down. Because of
the changes, Hurricane Andrew was a big problem, the cost of material went up, because of the
changes in the code, which, as a result of Hurricane Andrew caused the prices to be increased...
Commissioner Plummer: Well, did we not have...
Mr, Bailey: ... and because of the delay of the water and sewer moratorium, the cost of material
went up.
138 April 14, 1994
Commissioner Plummer: Did we not have a contractor make a bid?
Mr. Bailey: Yeah. You approved the bid for two point two...
Commissioner Plummer: Is he not bound by his bid?
Mr. Bailey: You approved the bid of two point two million dollars. That was more...
Commissioner Plummer: That's correct, sir.
Mr. Bailey: Yeah.
Commissioner Plummer: But is he not bound by that bid, regardless of how much price...
Mr. Bailey: No, no, there's a provision for change orders.
Commissioner Plummer: There's a price, a provision for upping the cost of the construction
material?
Mr. Bailey: That's standard in almost every construction contract, Commissioner. There was an
increase in cost. The original increase that was asked for...
Commissioner Plummer: Herb, I've told you this before, I'm going to tell it to you again, and
this is no...
Mr. Bailey: I would like to finish.
Mayor Clark: I never saw that in a contract. Man, when I bid on something, if I didn't come in
with that, I lost.
Commissioner Plummer: Your feet are on the fire. Let me tell you something. I'm going to tell
you again and, Herb, don't take this personally. This, to me, as an outsider, is nothing more than
low -ball bidding. You have a scenario, here, where a guy bid... And I'd love to see the other
bids, how much difference there was.
Mr. Bailey: This was the lowest bid.
Commissioner Plummer: And this guy gets it, based on the lowest bid, fully knowing that he's
going to get change orders in excess of a hundred thousand dollars, and that's going to be his
profit. Now, I'm not saying that that's...
Mr. Bailey: No, no, not... That is not...
Commissioner Plummer: Excuse me. I'm not saying that's what happened here, but I'm telling
you, the perception of the public is that this is no more than low ball -bidding, that they come in
low, fully knowing that they're going to get change orders, and they're going to get more money,
and then, by God, the guy that really was the low bid is out in the cold, and he didn't have a shot
in the dark.
Mr. Bailey: Commissioner, that is not...
Commissioner Plummer: Now, I'm telling you, this has happened time, and time, and time
again. I will tell you, at this particular time, I am not going to vote for any change orders.
1.39 April 14, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Please, please, please.
Commissioner Plummer: None, OK?
Mr. Bailey: May we answer, please?
Commissioner Plummer: Please.
Mr. Bailey: Because you don't all...
Vice Mayor Dawkins: Wait a minute, wait a minute, till we finish.
Mayor Clark: Wait, just a moment.
Vice Mayor Dawkins: Mr. Mayor.
Mr. Bailey: This is not correct.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Mr. Manager, at every Commission meeting, you bring forth change
orders where we have to pay the contractor more money than was in the bid. Is that a fact, sir?
Mr. Cesar Odio (City Manager): Most of our bidding, we have change orders.
Vice Mayor Dawkins: All right, most of them. Now, I've never heard anybody up here
complain at all because for some reason, the contractor did not finish the job and vote against
paying the contractor, never.
Mr. Odio: Well, he has.
Commissioner Plummer: I have many times.
Vice Mayor Dawkins: His one. Hey, I lose all the time, four/one. That ain't no big thing.
Mr. Odio: Commissioner, maybe I can explain.
Mayor Clark: Just a moment.
Vice Mayor Dawkins: Yes, sir, go right ahead.
Mayor Clark: Wait a minute. Are these buildings...
Mr. Odio: Maybe I can explain this.
Mayor Clark: Wait a minute. Are these buildings built?
Mr. Bailey: They're about sixty percent completed, yes.
140 April 14, 1994
w "Ni
Mr. Odio: About sixty percent. But maybe I can explain this. And to be fair to the contractor
and to staff, Andrew arrived August 23rd. The bids were due in August 25th. This contractor
had no way of knowing that in September, October, the materials would change dramatically,
because his bid was due two days after Hurricane Andrew arrived. So there's no way he could
have known.
Mayor Clark: Well, I'll tell you, this... Go ahead. I don't know what's in your contract. Do
you want to speak on this item?
Mr. Neil Shiver: Yes, yes.
Commissioner Plummer: Well, seems to me when you make a bid and you make a price...
Mayor Clark: You got to eat it.
Commissioner Plummer: That's right, you eat it. You either live by it, or you don't. And I'll
tell you something, when I agree to do a funeral for "X" number of dollars, if I lose money, I will
do it to keep the integrity and the credibility of my word. OK?
Mayor Clark: Yes, sir, this gentleman.
Mr. Shiver: Mr. Mayor and Commissioners, my name is Neil Shiver, and I live at 3348
Williams Avenue. That's located within the black community of Coconut Grove. And on behalf
of the Coconut Grove Homeowners' and Tenants' Association, I have the good fortune of
presenting a resolution concerning the St. Hugh Oaks Housing Development in Coconut Grove.
OK? And what I would do, Commissioner, in the interest of time, is, I'll just read the key points
of the resolution.
Mayor Clark: Please do.
Mr. Shiver: And then I'll go back and go through some details of the resolution, all to be done
within three and a half minutes.
Mr. Bailey: Well, we're on item 25 now. That's where we...
Mr. Shiver: Right.
Mr. Bailey: We have a confusion here, and I think if we took item 7-A and 7-B, and if it's
appropriate, to discuss item 25, along with those two, I think it would be better, if we made a
ruling to 7-A and 7-B.
Mayor Clark: Go ahead. He's got that, he's got that, hold it, hold it. Go ahead, proceed.
Commissioner Plummer: Lump them all together.
Mr. Shiver: Well, yes, I think it's appropriate, because they're all related. First and foremost,
it's the position of the Coconut Grove Homeowners' and Tenants' Association that a purchase
price over $80,000 would have a discriminatory impact or discriminatory effect on African -
American buyers, number one. Number two, and it's also embedded in this resolution, is to...
Next, it's the position of Coconut Grove Homeowners' and Tenants' Association, that they
strongly urge the City of Miami City Commission to adopt a selection process that shall assure
African -American buyers access to this development, and that special attention be extended to
qualified buyers from the black community of Coconut Grove. And one of third key
components of this resolution is that the Coconut Grove Homeowners' and Tenants' Association
141 April 14, 1994
supports a transitional but integrated neighborhood at this development. This development sits
in the black community, in the target area of Coconut Grove, on the boundary between the
white community, and the black community. And let me go into the details, and I'll do that
within two minutes. Dealing with the price itself - and Mr. Bailey is right that it deals with
item 25, but they are related - number one, the price. And I think that's what Commissioner
Plummer is concerned about. There is three factors, Commissioner, that I must bring to your
attention, especially Commissioner Gort, I wish he was here, and Commissioner Clark, of these
things that happened prior to your arrival, the price. The price is a product of three important
components, land cost. This Commission has paid an excessive price for land to build
affordable housing, number one. Number two, the City decided to develop this property
themselves as opposed to issuing a performance bond, and allowing the developer to develop
since they are affordable housing. So number two, the City decided to build this property
themselves. Number three, that the City decided to reduce the units from 48 units to 23 units.
Without any special permit you could have put 27 units on this property. But this Commission
decided to put 23 units. And number four, there was all type of delays based on the three
previous reasons. So, therefore, those are the components of the price. OK? Let me deal with
the resolution, specifically, the Coconut Grove Homeowners' and Tenants' Association is
concerned that this price will deny African -American buyers any access to this development.
The development that was financed, planned by the City of Miami Commission, that sits in the
black community, not only any black community, it's the first black community in Miami, and
it's in the target area. And number three, and most importantly, there is something called the
City of Miami Comprehensive Neighborhood Plan, and that Neighborhood Plan is pretty much
a constitution, a guideline, for these types of projects. And if this Commission adopts the City
Manager's report, and the Housing Manager's report, it is our position that it violates the spirit,
the guidelines, and the policies of the City of Miami Neighborhood Comprehensive Plan. And
lastly and more importantly, if I understand it right, the Housing Department's definition of
moderate income range is anywhere from 81 percent to 140 percent of the median family
income in Dade County. Please be advised that the median family income in Coconut Grove,
the black community, is $24,000. The median income in the City of Miami is $27,000.
Rightfully so, the median family income in Dade County is $34,800. What the City is
proposing if that they take the median income of $34,800, multiply it by 140 percent, and,
therefore, that's how they are identifying the qualified buyers for this particular project. Lastly,
first of all, I think that violates the spirit and the guidelines of the City of Miami
Comprehensive Plan. Number two, I think it violates the guidelines of State law. And number
three, what it does is, it effectually denies almost 90 percent of the moderate income people
that sit in that class, it denies them access to this project. Lastly, what the City has done is it
has taken the top echelon of the moderate income level, peeling that off and saying "you can
qualify for this particular project," denying access to the core of the moderate income class in
this community. And, basically, that's what we have here today.
Mayor Clark: OK. All right. I understand you. You make good sense. Yes, ma'am.
Mr. Bailey: May I make a comment, please? There are a couple of corrections that I'd like to
refer to in his statement. We... first of all, this, the CHAS (Comprehensive Housing
Affordability Strategy), does not apply to this particular project. There is no Federal money
involved in this development.
Mayor Clark: Where does the money come from?
Mr. Bailey: The land was bought from general fund's money, and the construction money came
from bond funds, from a revenue bond that this Commission passed years ago that took a
franchise fee, and gave the Housing Department five million dollars for construction of housing
that were not Federal -funded housing. That's the first purpose. We do build houses in Coconut
Grove, single family scattered site housing for the lower income. And, also, at the time that this
142 April 14, 1994
development was been discussed, the Coconut Grove community, themselves, testified before
this Commission that they did not want low income, and cheap housing on this particular site. In
fact, at the time when we first proposed it, they required that we do a $70,000 house. Had we
done it at that time, we probably could have come very close to it. By the time we got around to
finally approving it, and getting the bid out, they were asking for a $90,000 house.
Unfortunately because of conditions over which we had no control, the cost of the houses
escalated to what they are today. The CHAS has nothing to do with this particular project.
Mayor Clark: All right.
Mr. Bailey: It is not a Federally funded project.
Mayor Clark: Let's hear from this lady. Yes, ma'am.
Ms. Yvonne McDonald: Yes. Good afternoon, Mayor.
Vice Mayor Dawkins: Pull the mike down. Pull the mike down, please.
Ms. McDonald: Good afternoon, Mayor Clark and Commissioners. My name is Yvonne
McDonald, I'm the president of the Coconut Grove Homeowners' and Tenants' Association.
And it is on their behalf that I am speaking here today. For the past 12 years, the Coconut Grove
community has worked long and hard to see this St. Hugh Oaks project come to fruition. From
the original plan of 50 townhouses in 1982 which we were adamantly opposed to, to the current
implemented plan of 23 homes, and through all of the other plans inbetween, our original aim
was to develop single-family homes on the St. Hugh Oaks site. We are here today because, in
that instance, we have been victorious, and we have accomplished this goal. Today, there are 23
houses being built at St. Hugh Oaks. And I would like to acknowledge, and thank all of the
people who have taken a part in this long but successful endeavor. To name a few, the Franklin
Park Neighborhood Association, which was the forerunner in making sure that townhouses were
not built on that property back in 1982. The Coconut Grove Homeowners' and Tenants'
Association, the Coconut Grove CAA Board, the Coconut Grove Civic Club, and numerous of
individuals who have dedicated numerous hours coming to Commission meetings and meetings
on this issue. Maintaining the essence of our community, a historically hard-working family -
centered, proud community, is essential to the future of Coconut Grove, the West Grove. Over
the past 25 years, our community has faced many devastating issues, from a decline of
population from 9,600 in 1970's, to 3,800 in 1994. High unemployment, devastating drug
epidemics, and a serous decline in moral spirit. It is because of these realities, that the St. Hugh
Oaks homes, which are built for middle income families, are vital and important to the success
and future of our community. The Homeowners and Tenants Association, Mr. Mayor and
Commissioners, we're asking you to adopt our resolution. We simply want to ensure black
ownership in this project. And we are asking that at least seven of the homes be allocated
towards that end, and that six of those homes specifically go for families who have culturally,
and historically been long time residents of Coconut Grove. And the other issue is that the price
of the homes remain at $95,000. We have attended many meetings, and Commissioner Plummer
for one, has stated in the last Commission vote on this item, that the houses would not exceed the
price of $95,000. To counteract the negative aspects of high crime and high unemployment, we
need positive role models in our community. And the St. Hugh Oaks homes will bring middle
income residents and neighbors to our community, which would help to maintain the essence of
our proud neighborhood, and to ensure a brighter future for our children. We implore you to
keep your word to the neighbors. We implore you to make this truly an integrated community
and area in Coconut Grove. Thank you.
Mayor Clark: Thank you, ma'am. Let's wind this up, folks. We are going to be very late here,
and somebody is going to get cut out. Yes. Give us your name, please.
143 April 14, 1994
Mr. Robert Young: Robert Young. 3375 Franklin Avenue. i am a lifetime resident of Coconut
Grove. I am one of the people that when you drive through Coconut Grove, and if you drive real
slow, you look on the corners, you are looking at me. That was me you saw thirty-four years
ago. I'm a product of the Grove, I've done everything I was supposed to do. I went to college, I
went to law school, became a member of the Florida Bar. The problem that we have in Coconut
Grove is one of identification, and involuntary displacement. That's the whole crux of this
argument about housing. Because a lot of people want to live in Coconut Grove, want to move
there, and the prices are outrageous. So, the whole point is, we have to make sure that we have
affordable housing. We are not talking low income. Affordable is what we are talking about.
And we'd like to get the resolution that was passed by the Coconut Grove Village Council, in
which I cochaired that subcommittee, and the Coconut Grove Homeowners' Association which
also concurred with the Village Council to pass that resolution. Affordable housing is what we
are looking at, preferably, a cap of somewhere between 80,000, somewhere around $80,000
because that's the only way we are going to attract the black professionals back to Coconut
Grove. Otherwise, they are on Miami Beach, they are in Kendall. They are not in the Grove. I
want to be in the Grove. I'm in the Grove, I'm going to always be there, and that's what my
point is, and that's what I'd Iike the Commission to do. We are producing astronauts, lawyers,
all sorts of...
Mayor Clark: Thank you.
Mr. McDonald: ...people from Coconut Grove. Thank you.
Mayor Clark: Thank you, sir.
Mr. Bailey: May I make a reference to the item, Commissioner, as he talks, because I think you
ought to see item 25. We have provided you with information as to what the family income
would be to afford one of these houses at a price that you may select today. It's right on the back
half of item 25. The income level for a person buying an $80,000 house is $41,000. The income
level for a person with $120,000 is $49,000. And this is family income. This is not one
individual. We are an FHA lender. We have the flexibility of going through the FHA process
and qualifying mortgages in a way in which perhaps the banks won't. We do not see that the
income level which is required to buy one of these houses, if you approve today to sell them at
less than $120,000, is above what we consider to be a moderate income family. The income
requirement to qualify is only $49,612 for $120,000 house. If you go down to 80,000, it's only
another $8,000 difference. Now, I have provided you with information on exhibit A to
determine what you would lose if you set a price.
Mayor Clark: All right. We got you. Yes, ma'am.
Commissioner Plummer: Mr. Mayor. May I? I think it is very, very important, these people
know - I vaguely remember, but for my two colleagues that are new - there was a definite
commitment made by this Commission of how the selection process, of who got those houses,
was definitely written in stone.
Ms. Esther M. Armbrister: That's right.
Commissioner Plummer: Would you repeat, for the record, what that procedure was.
Mr. Bailey: You want us to do that now? We will get to that as the next item, Commissioner.
Commissioner Plummer: OK. I'll wait. I'll wait.
144 April 14, 1994
Mayor Clark: What do these people have to say?
Ms. Armbrister: Good afternoon, my name is Esther Mae Armbrister, I live at 3350 Charles
Avenue. And I would like to inform you, who do not know, in 1965, Franklin Stirrup organized
Coconut Grove Homeowners' Association to keep us in the Grove, and not be relocated like you
were downtown in Miami.
Mayor Clark: All right.
Ms. Armbrister: We lost a lot of people from Coconut Grove because you, the City, stated that
the houses were outmoded, outdated, and this, and that, and the other. So with the cooperation
of the City of Miami, Dade County, and the City of Miami, we did a beautiful job. But in doing
this particular job, we relocated too many of our people out of the Grove, and we lost a lot of
professionals doing that little thing. And we were promised - we were promised but we did not
get it in blood, nor writing, or no other way - that the houses on St. Hugh's property would be for
low moderate income people. Now, if you, the City, did not have competent people, or whatever
it took to really get down and bargain with these people who own the'property to a lower price in
buying the property, that's your fault because you were supposed to be, you know, you had the
best of everything, and we waited. And we were just common, everyday people. We were to
have the first bid on that property. The houses, the price of the houses began at $60,000, and we
thought that was outrageous. It went to $75,000, then it went to eighty, then it went to ninety.
So we said, stop right there. Don't go any higher because you are taking them out of our range.
Now, because those people down there give us such a hard time stating what they want and they
did not want, is not our problem. Now, in the meantime, I'd like to say one other thing real
quick. About five or six years ago, Mr. O.C. Scott and myself were selected by you, the
Commissioners, to the Selective Committee people who were to go through all these problems
with the architect, and the bidders, and the construction people. We told them, at that time, what
we wanted. And that was low income.
Mayor Clark: All right, I think you've made your point, Ms. Armbrister.
Ms. Armbrister: All right.
Mayor Clark: Thank you.
Ms. Armbrister: And that's what we are going to hold you to.
Mayor Clark: Thank you very much. Yes, ma'am.
Ms. Grady Dinkins: Good evening. My name is Grady Dinkins, and I live at 3201 Florida
Avenue. I would like to ask a question, sir. Now, in view of the times in which we live, do you
think a family could afford $1,000 or more mortgage payment a month for these homes that you
are now selling for $116,000?
Mr. Bailey: I can't evaluate that, Miss. You can qualify, certainly, with a less than a $50,000
family income to buy one. How you manage your economics, I really am at a loss as to how to
answer that.
Ms. Dinkins: I really think that this price is extreme. And that you need to reevaluate your
price. In fact, I just think this whole project needs to be examined very carefully before we go
any further with it because you just keep going up, up, up...
Mayor Clark: All right. Thank you, ma'am.
145 April 14, 1994
Ms. Dinkins: ... on the price. Thank you.
Mr. Bailey: I would just like to say that we have provide the Commission with information. We
will sell these houses to you at whatever price they tell us to sell them to you. However, I just
want them to be aware, as we've indicated on this document, what you will lose, and what you
will win. We will sell them to you at any price that this Commission says to sell them to you for.
Ms. Frankie Rolle: My name is Frankie Rolle, and I would just like to ask the Commission to
please lower the price. Tell them to lower the price. They said they will lower to whatever you
say. So, please, give them that direction. Please, kind of, lower the price of these homes.
Mayor Clark: Thank you. Thank you, Ms. Rolle. Yes.
Mr. Manuel Gonzalez-Goenaga: Yes. After the good presentations made by the previous, I'm
just going to send a message that - a philosophical message - to the administration, specifically,
the housing. The fault, as in the case in Hamlet, in Shakespeare, there're Brutus, or Caesar,
don't lie in our stars. They lie in ourselves. So, this.... I have been criticized here so many
times, for so many years, and I am not blaming these new Commissioners. And I have come
here always to speak my mind for the benefit of the citizens. And I have never asked here for
one cent.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: But there has been, and there is a foul odor coming from all of this.
And let me tell you something, something is terribly wrong, and these things become curiouser,
and curiouser, and curiouser.
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: As these things go by. Thank you very much.
Mayor Clark: All right.
Mr. Bailey: Mr. Mayor, could I just take a minute? I just want to make sure that I have given
you all the information.
Mayor Clark: I don't know how you are going to come out of this thing. But go ahead, take a
minute.
Mr. Bailey: Yeah, on exhibit A which we have provide you with in order for you to make a
decision, you will get an indication of what the outcome would be, depending on the prices that
we, that you determine.
Mayor Clark: Have you started all these houses?
Mr. Bailey: I'm sorry. You said...
Mayor Clark: Have they all being started?
Mr. Bailey: Oh, these houses are almost finished, Mayor. We expect to have these houses
moved into, start taking applications sometime within August.
Mayor Clark: Have you estimated how much a foot it has cost you?
146 April 14, 1994
.,V
Mr. Bailey: Afoot?
Mayor Clark: Yeah.
Commissioner Plummer: It's about $100.
Mr. Bailey: No, but I have an estimate. They are 1,500... 1,500 square foot houses. These are
not your typical...
Commissioner Plummer: A hundred dollars a square foot.
Mr. Bailey: ...Dade County low-income houses. And...
Mayor Clark: What would you say, 1,500 feet, a 150,000... $100 a foot.
Commissioner Plummer: That's it.
Mr. Bailey: That's about correct.
Mayor Clark: Hell, you can build a bank for that.
Mr. Bailey: For Coconut Grove, that is very cheap.
Mayor Clark: I don't know who the contractor is.
Commissioner Plummer: Well, I want to ask.
Mr. Bailey: For Coconut Grove, that is cheap.
Commissioner Plummer: May I inquire, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: Madam City Attorney, did you read the contract of the contractor?
Does it so stipulate that I have to approve change orders, and give this guy $116,000 more
money?
Ms. Linda Kearson (Assistant City Attorney): Well...
Commissioner Plummer: If you tell me that I'm obligated to do it by contract, I will vote such.
Ms. Kearson: There is a provision in the contract that allows for change orders that are
approved.
Mayor Clark: A change order.
Ms. Kearson: I might also add...
Commissioner Plummer: No, no, no. That's...
Ms. Kearson: ...that the change orders were at the City's request, if I'm not mistaken.
Mr. Bailey: No. It was not our request. The contractor brought in a change of order request of
two hundred...
147 April 14, 1994
Commissioner Plummer: Again, for my vote - my vote is going to be very clear - is there
anything in that contract that says that I have got to give this man another $116,000 without this
Commission voting on it? Yes or no, it's a simple question.
Ms. Kearson: You know, you have to vote the change orders.
Mr. Bailey: No, you have to vote on it.
Commissioner Plummer: I have to vote no, no. I didn't vote on the change orders. No, ma'am.
Ms. Kearson: Well, the contract...
Commissioner Plummer: That's one of the problems I've got.
Mr. Bailey: It's on item 7-A and 7-B, that's what I was trying to get you to consider.
Commissioner Plummer: OK. If I don't vote for the change orders, OK, I don't vote for them...
Ms. Kearson: Right.
Mr. Bailey: OK.
Commissioner Plummer: ...then I don't have to give this man the additional $116?
Ms. Kearson: That's correct.
Commissioner Plummer: OK.
Ms. Kearson: You don't have to vote for the change orders, sir.
Commissioner Plummer: Thank you, ma'am. That's all I was trying to establish.
Mr. Bailey: They don't want to hear that.
Commissioner Plummer: I am not voting for it. And I've said it before, my statement in this
Commission is classical, my negative vote will not be against this project which I was the one
who was right behind it from day one, but to protect the integrity of the bidding system in this
City. Somewhere along the line...
Mayor Clark: You've got to understand, a change order is a change, not in price, a change in the
construction of the building, you've added something.
Commissioner Plummer: Exactly.
Mayor Clark: That's a change order, not just because the price of the material went up. That's
the chance you take.
Mr. Bailey: All of it was not just the price of materials, that was legislation introduced by the
Code Enforcement, the County, and the sewer moratorium. And that was the delay. And I'm
sorry, Mr. Mayor, we could not do anything about the hurricane. Now, we had an expert review
his request. We just did not take his word. The original request was $236,000. We met with the
architect, and we modified some of the materials in the building not to impugn the integrity of
the structure, and we believe, based on our own outside expert who advises us, that the $116,000
148 April 14, 1994
is a true request. Now, you may approve that or not, but I just want to make sure that gets on the
record.
Mayor Clark: Please. Mr. Dawkins.
Vice Mayor Dawkins: Madam City Attorney, my blood brother says that he is not going to pay
the amount of money for the change order, which is his right. But if the contractor submitted the
cause for the changes, and the contractor decides not to finish the house because you don't pay
him for the changes, would the contractor be in a legal status, or would he be subject to we
taking him to court, and we could force him to finish it at that price?
Ms. Kearson: Well...
Commissioner Plummer: I'll loan him.
Ms. Kearson: Mr. Vice Mayor, if we approved those change orders, and... Please let me finish,
Mr. Plummer.
Commissioner Plummer: I'm...
Ms. Kearson: And he proceeded with doing so, and we didn't pay him, then yes indeed, we
would be liable for the cost.
Vice Mayor Dawkins: But if we don't?
Ms. Kearson: But if you don't approve them...
Vice Mayor Dawkins: Wait a minute. Go ahead, Madam City Attorney.
Ms. Kearson: If you don't approve them, and he proceeds of his own accord, then...
Vice Mayor Dawkins: Well, what I'm saying is, we don't approve, and he don't proceed, and
the houses don't get finished, what?
Commissioner Plummer: We eat him for lunch.
Vice Mayor Dawkins: Wait a minute. Beg your pardon? Say what, J.L.
Ms. Kearson: Well, we... He will still be...
Commissioner Plummer: We eat it for lunch.
Vice Mayor Dawkins: Madam City...
Mayor Clark: I think you've got your answer.
Vice Mayor Dawkins: No further question.
Mr. Bailey: Without the change orders, the price of the house still comes to $150,000. It is not...
this is a five percent or less change order. It is probably the lowest one I've...
Mayor Clark: A hundred and sixty thousand dollars?
149 April 14, 1994
Mr. Bailey: One -fifty. Without the change order. Without the change order it still comes to
$160,000. You've got to understand that you paid $1,071,000.00 for the land. That was your
first mistake.
Ms. Kearson: Exactly.
Mr. Bailey: I won't say yours.
Ms. Kearson: The City's.
Mr. Bailey: But we went by that, and then we were ordered to build houses for middle income
people on this site. We built them, and the community...
Commissioner Plummer: No, but we told you, Herb, to build them for ninety-five. That's what
we told you.
r
Ms. Rolle: Exactly. That's what we want.
Mr. Bailey: You approved...
Commissioner Plummer: And I told you, don't come back here at a later time...
Mr. Bailey: Commissioner.
Commissioner Plummer: ...and tell me you couldn't do it.
Mr. Bailey: Commissioner, you approved that. You approved, in this body, a contract that
brought it to 150. You approved this contract for 258, in this body. And you have already
bought the land for $1,071,000 What else could we do? Without anything else happening, it
was going to cost you a $150,000. I am not a magician.
Commissioner Plummer: The only thing that I can tell you that is in accord is the price of the
land per unit. It's about $40,000. That's not out of line for Coconut Grove.
Mr. Bailey: That's $46,000 a lot, that is not out of line for Coconut Grove, and I've been trying
to tell you that the houses that we have produced inline with Coconut Grove, is a very cheap
house. You go anywhere in this Grove and buy a house for $150,000.
Commissioner Plummer: Excuse me. I don't disagree with you...
Mr. Bailey: You can't.
Commissioner Plummer: ...that it's a reasonable price...
Mayor Clark: Please. We've had enough this. Come on.
Commissioner Plummer: ... but that's not what we promised the Grove.
Mayor Clark: All right, wait a minute. Wait a minute, J.L. We are coming... What do we have
to do or not do?
Mr. Bailey: And I don't see why this community can't have a house of that caliber.
Mayor Clark: Please! What do we have to do or not do here, Mr. Manager?
150 April 14, 1994
Commissioner Plummer: Well, I think they should.
Mr. Odio: I hope that you would agree to pay this contractor. Again, I'll repeat, it is not because
he wanted to, it's because of the two days after Hurricane Andrew when he turned in his bid.
This is a good project. The houses are turning out to be very good.
Mayor Clark: Well, I don't mind voting for that. But I'm going to tell you...
Mr. Odio: That's our way...
Mayor Clark: ...any time we go for affordable housing, I'm going to be right on top of this thing
because I'm a contractor. I know what the hell I'm talking about.
Mr. Odio: Yes, sir.
Mr. Bailey: I understand, Mayor.
Ms. Rolle: Mr. Mayor.
Mr. Bailey: This was not affordable housing.
Mayor Clark: The affordable housing...
Commissioner Plummer: You know, Mr. Mayor. If I could, please?
Mayor Clark: Affordable housing to me is...
Commissioner Plummer: If they had come before this Commission and asked my approval for a
change order, I could maybe feel differently.
Mr. Bailey: We are.
Commissioner Plummer: But we are not until today...
Mr. Bailey: But we are doing it.
Commissioner Plummer: ...they... No, no, no. Herb.
Mr. Odio: We are doing that today.
Mr. Bailey: We are doing that today, Commissioner.
Commissioner Plummer: You are seven...
Mr. Odio: They haven't done the work yet.
Commissioner Plummer: Excuse me. You are 75 percent complete on those houses.
Ms. Rolle: That's right.
Mayor Clark: It's after the fact.
Commissioner Plummer: You have got to have that change order. You have no choice today.
151 April 14, 1994
Mr. Odio: No, these are the windows. What is it?
Commissioner Plummer: OK.
Mayor Clark: All right, please. Now, the motion. Let me get a motion on the item. How much
is it?
Mr. Bailey: It's $116,000.
Mr. Odio: One hundred and sixteen thousand dollars.
Commissioner Gort: Don't we have to approve the change orders first?
Mr. Bailey: Yes.
Mr.Odio: Yes.
Commissioner Plummer: Well, that's the 116.
Mayor Clark: That's the 116,000. That covers all the change orders?
Mr. Bailey: That is all the change orders. And that is item number 7-B.
Commissioner Gort: Seven-B.
Mayor Clark: All right. We got a motion on 7-B?
Commissioner Gort: Seven -A is... We need a motion on 7-A first, Mr. Mayor.
Mayor Clark: Moved, 7-A?
Commissioner Gort: Yes, sir.
Commissioner Plummer: Seven -A is first, Herb.
Mr. Bailey: That's an appropriation. Well, whichever one then. They are companion items.
Ms. Rolle: Mr. Mayor, may I make a comment before you take the vote?
Mayor Clark: Yes, ma'am. Please.
Vice Mayor Dawkins: No, wait. Let's finish doing this.
Ms. Rolle: I'm just very... OK.
Vice Mayor Dawkins: Well, let them get through with this, please. Go ahead, now. Somebody
say something. Is there a motion?
{ Commissioner Gort: I so move.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: All right. What is the motion?
152 April 14, 1994
El
Commissioner Gort: The motion 7-A is to move the approval of change orders.
Vice Mayor Dawkins: OK. Now.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: All right. Under discussion.
Mayor Clark: Yes.
Vice Mayor Dawkins: We are not discussing the total price for the unit, we are just the change
orders?
Mr. Bailey: Just the change orders.
Commissioner Plummer: That's it.
Commissioner Gort: That's right.
Ms. Rolle: OK. That was my comment. I just wanted to make sure that this had nothing to do
with the sale.
Commissioner Plummer: We'll get to that eventually.
Mayor Clark: Call the roll. Call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY COMMISSIONER
GORT AND SECONDED BY VICE MAYOR DAWKINS, ITEM
7-A FAILED BY THE FOLLOWING VOTE (4/5ths required):
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Dawkins
NOES: Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
ABSENT: None.
COMMENTS MADE DURING THE ROLL CALL:
Commissioner Plummer: For a project which I long fostered and hoped, and desired, I am
voting in the negative, simply, let the record reflect, to protect the integrity of the bidding
procedure, which, in my estimation, has been violated.
Mayor Clark: All right. What's the next item we've got?
Commissioner Plummer: Seven-B.
Ms. Kearson: We need to read the ordinance.
Commissioner Plummer: Seven-B.
153 April 14, 1994
Vice Mayor Dawkins: Seven-B.
Ms. Kearson: I'm sorry. On 7-A., we need to read. It's an emergency ordinance.
Commissioner Plummer. Excuse me. Mr. Mayor.
Ms. Kearson: That's...
Commissioner De Yurre: It failed.
Commissioner Plummer: It failed. It's a 4/5ths vote.
Ms. Hirai: It is...
Commissioner De Yurre: It failed.
Commissioner Plummer: It failed. I mean...
Ms. Hirai: You need 4/5ths.
Vice Mayor Dawkins: It's an emergency?
Mr. Bailey: It's an emergency ordinance.
Commissioner Plummer: Yes.
Vice Mayor Dawkins: All right. Then I move that it be moved on the first reading. Is there a
second?
Mayor Clark: All right.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: No, now she's got to read the ordinance.
Ms. Hirai: Vice Mayor Dawkins.
Vice Mayor Dawkins: (Unintelligible).
Ms. Hirai: We need to read it on first reading now.
Commissioner Plummer: As a first reading.
Commissioner De Yurre: OK. Mr. Mayor, before she reads it, I just want to clarify something,
here. If these change orders are not approved, what happens to the development?
Mr. Bailey: They'll probably stop the job.
Mayor Clark: OK.
Mr. Bailey: Because these change orders are real. And this involved material for the product,
you cannot build the product, if you cannot buy.
154 April 14, 1994
Vice Mayor Dawkins: Mr. Bailey, I don't know why you are trying to sell us on a project.
Leave it alone, sir.
Mayor Clark: Read the ordinance, ma'am.
Mr. Bailey: I'm not trying to sell you. Leave it alone.
Commissioner De Yurre: No because, you know, Commissioner Dawkins, you know, I don't
like to just give money away. But I just want to make...
Vice Mayor Dawkins: Well, vote it down.
Commissioner De Yurre: ...sure that there is a reason for why we are doing this. And I think
that the integrity of the project, you know...
Vice Mayor Dawkins: OK. Well, you know I wouldn't have a problem...
Commissioner De Yurre: ...goes beyond just the $116,000.
Vice Mayor Dawkins: Yeah. I wouldn't have a problem with that, Mr. De Yurre, if I don't sit
hear daily and see companies come in here everyday where the cost of construction overran the
bid, and even sometimes the Manager has paid it. And he said, "I paid it as an emergency." And
we just ratify it. And, now, all... not you, sir, because you haven't been here. But, now, all of a
sudden, because of these houses I don't what... I mean, I'm with you 100 percent. Whatever you
decide to do, and the three votes vote for it, but let's be consistent. That's all I'm saying.
Commissioner Plummer: May I inquire who is the contractor?
Mr. Bailey: Associate Construction.
Commissioner Plummer: Who?
Mr. Bailey: Associate Construction.
Commissioner Plummer: Associate Construction.
Mr. Bailey: They were here before you, and made a presentation.
Commissioner Plummer: I want to remember that name, fine.
Mayor Clark: All right, read the ordinance, ma'am.
Mr. Bailey: Seven -A is... I don't know what they are approving. You are going through a first
reading on an emergency part. We would like the emergency portion to be done.
Mayor Clark: The emergency failed.
Ms. Kearson: The emergency failed. It's a regular ordinance first reading.
Ms. Hirai: Yes.
Ms. Kearson: You had to have 4/5ths vote for an emergency.
155 April 14, 1994
Mayor Clark: Did you read the ordinance, ma'am? Please,
AN ORDINANCE, AMENDING SECTION 1 OF ORDINANCE NO. 11139, ADOPTED
APRIL 14, 1994, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE BY
INCREASING THE TOTAL APPROPRIATIONS FOR CAPITAL PROJECT ENTITLED
"SAINT HUGH OAKS VILLAGE HOUSING PROJECT" PROJECT NO. 321040, FROM
$2,258,000 TO $2,374,000; APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF
$116,000 BUILDING SALES TO COVER THE COST OVERRUN INCURRED IN THE
DEVELOPMENT IF TWENTY-THREE (23) NEW SINGLE FAMILY HOMES LOCATED IN
THE COCONUT GROVE NEIGHBORHOOD; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
NAYS: Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons previously stated, without repeating it, I vote
negatively.
Mayor Clark: All right. Seven-B.
Vice Mayor Dawkins: What is 7-13, now?
Mayor Clark: Or not to be. Increase... Is this the same thing?
Commissioner Gort: Yes, this is the increase of the... I move it.
Mr. Herb Bailey (Assistant City Manager): Seven-B is the companion.
Commissioner Plummer: That was authorizing, now, you are providing the money.
Mr. Bailey: Seven-B is actually the increase in the construction contract. Seven -A was an
appropriation ordinance. We can't do the appropriation ordinance unless we have the money. If
you do 7-B, we can come back to 7-A on a second reading.
Mayor Clark: OK.
Commissioner Gort: Move it.
156 April 14, 1994
Mayor Clark: No, we've got to wait for the second reading.
Mr. Bailey: You can move 7-B, which will approve the change orders. We can come back with
7-A on the next reading, and make the appropriation to pay.
Commissioner Plummer: Yes, at the same time.
Mayor Clark: All right. Is there a motion and a second? Mr. Gort and Mr. Dawkins. Call the
roll.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-253
A MOTION TEMPORARILY DEFERRING CONSIDERATION OF AGENDA
ITEM 7-13 (AUTHORIZING INCREASE IN CONTRACT BETWEEN CITY OF
MIAMI AND ASSOCIATES CONSTRUCTION CORPORATION FOR "SAINT
HUGH OAKS VILLAGE HOUSING PROJECT" IN CONNECTION WITH
DEVELOPMENT OF 23 NEW SINGLE FAMILY HOMES IN THE COCONUT
GROVE NEIGHBORHOOD) UNTIL SUCH TIME AS ITS COMPANION ITEM
7-A (ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL
APPROPRIATIONS FOR CAPITAL PROJECT ENTITLED SAINT HUGH
OAKS VILLAGE HOUSING PROJECT" FROM $2,258,000 TO $2,374,000)
COMES UP FOR SECOND READING.
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
Vice Mayor Miller J. Dawkins
NAYS: Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm sorry, what are we voting on?
Mayor Clark: You vote no. Say no.
Commissioner Plummer: Seven-B?
Mayor Clark: Yes.
Commissioner Plummer: How can you vote on 7-B when you don't have the money?
Mayor Clark: Well, please, vote for it, because you're going to get the money in.
Ms. Matty Hirai (City Clerk): What I understood him to say was "subject to approval."
157 April 14, 1994
Vice Mayor Dawkins: They can't spend it if you don't have it.
Commissioner Plummer: It's not been allocated.
Commissioner Gort: Subject to approval.
Commissioner Plummer: Hey, I'll make it easy. I vote no. OK?
Vice Mayor Dawkins: OK. Now.
Mayor Clark: Seven-D - C, rather.
Mr. Herbert Bailey: Commissioner. I'm sorry, Mr. Mayor, I'm sorry to intrude, but I think you
were going to discuss item 25, which set the price, which is a companion to 7-A and B.
Mayor Clark: Where is 25? Yeah. What is this about now? Got another...
Mr. Bailey: Item 25, which discusses the price, and the recommendation on the selection of
buyers. We would like...
Commissioner Plummer: We set a policy, Mr. Mayor, back at the time that this was originally
put in. That selection procedure was written into stone, because everybody made us guarantee
that this is the way... And I would like to be refreshed exactly how that went.
Mr. Bailey: It was decided at that time, to the best of my recollection, that...
Mayor Clark: Do you believe in this, J.L.? Do you want to move it?
Commissioner Plummer: I'm sorry, sir?
Mayor Clark: Do you want to move it?
Commissioner Plummer: Well, no, I want it to be explained on the record, what it is.
Mr. Bailey: It was decided that we would take applications. If we had more qualified applicants
than we had houses, we would then go to the lottery system.
Mayor Clark: All right. Do you folks want to speak on that, very shortly?
Mr. Neil Shiver: Yes.
158 April 14, 1994
Commissioner Plummer: Do you have, at this time, any qualified buyers at all?
Mr. Bailey: No, we have not begun to take applications.
Commissioner Plummer: OK. May I ask the City Clerk to go back and pull the minutes in
reference to what that selection procedure was? Because there was a lot of time there given that
said that there could be a lot of deviation from the straight and narrow in the way that selection
process went, by virtue of how you qualified, or how you did not quality. And I would like for,
one, to be brought up completely to date of what we agreed upon. Thank you.
Mayor Clark: OK. You folks want to add something to this? We're not going to get into a long
argument here. Now, just be brief and to the point.
Mr. Neil Shiver: One quick point. It's the position of Coconut Grove Homeowners' and
Tenants' Association that this development have equal access to the the whole class of moderate
income buyers, and it is is the best interest of compelling Government interest that this City set
aside 11 of the 23 units for African -American buyers in this City. There's a compelling
Government interest that we attract role models back to the community to deal with the type of
problems that I know all of us are concerned about.
Mayor Clark: All right.
Ms. Frankie Rolle: I just want to make one observation. The property in West Grove, as you all
call it, West Grove - we call it Coconut Grove - I don't know about lots going for $41,000. So if
you're paying $41,000 for a lot down in Coconut Grove, then definitely, you're not thinking
about the African -American people, because if we sell a lot or buy one, it's not more than
$12,000.
Mayor Clark: I figured that.
Ms. Rolle: So you take all that into consideration when you talk about these prices.
Mr. Bailey: And in our recommendation, we're only asking you to pay $6,000 for the lot.
Ms. Rolle: But you said that you included the price that you paid for it.
Mr. Bailey: Yeah, but that's not the price to the buyer. We have only recommended that you
pay us $6400 for the lot. That's the cheapest lot you'll get anywhere.
Ms. Rolle: Well, you said then...
Mayor Clark: All right. Anything further? Yes, ma'am, anything further?
Ms. Yvonne McDonald: Mr. Mayor and Commissioners, I just want to reiterate that we want to
ensure that there are African -Americans in this project, and we are favor of the lottery system
that was in... Actually, the last meeting of the Commission, from when I attended, nothing was
decided as to the way in which these houses would be sold. That was going to be coming up for
further discussion. But the Homeowners' and Tenants' Association would like for this to be a
lottery system, because we think there will be more than 23 people who are interested in buying
these houses, and we want to ensure that a portion of the homes are allocated for African -
American buyers.
Mayor Clark: All right. Now what else have you got to...
159 April 14, 1994
Mr. Bailey: We want to discuss the...
Ms. Helene Pancoast: I have one question.
Mayor Clark: What's your name, please?
Ms. Pancoast: Helene Pancoast. I live in Coconut Grove. I live on the other side of Coconut
Grove where there's no place anywhere near these price ranges. What's to keep the people that
buy these properties from turning around and making a huge profit on it, and just eliminating the
whole theory for which this was done? I mean, you go 50 feet, and the property values are
$300,000. How do you keep these people, how do you allow them to stay in these houses, when
somebody comes and says, "Well, you bought it for this. Now, I'll give you three times that"?
And you give them... You talk about justification, oh man! I mean, you ain't seen nothing yet.
Is there any kind of controls that allows these people to stay in these houses? Do they have to...
I mean, is there a length of time that they're allowed to stay in these houses before they can turn
them around and make a big bunch of money? Which is OK, I guess, if that's what you want to
do. What are the safeguards for...
Mr. Bailey: I don't think FHA (Federal Housing Authority) will permit any deed restrictions in
their mortgages. We can check it with our attorney, but I don't think we do. And the only way
we can deliver...
Mayor Clark: No, you can't. You can't restrain like that. You can't.
Mr. Bailey: The only way we can deliver these houses to, hopefully, get to the black
community, is go FHA, where the downpayment is very small. I think we've tried to deliver a
quality product at a price, to the best of our ability, at a price which you cannot get this quality
and this type of housing anywhere in Coconut Grove. I wish I could buy one.
Ms. Pancoast: You couldn't get one...
Mayor Clark: She didn't say that. She said, what's going to...
Commissioner Plummer: Yeah, but you're subsidizing it $40,000.
Ms. Pancoast: You couldn't get one in Homestead for that money.
Mr. Bailey: I don't need subsidy. Just let me buy it. I'll give you the $155,000 for it, because I
know it's a damn good house.
Ms. Pancoast: I mean, really, we're builders, as you know, and we're building very small houses
in Homestead to replace hurricane -destroyed houses. The market is huge and very high. I don't
know how long it's been since you've built a building, Mayor, but $100 a square foot is nothing.
Really, it's nothing.
Mayor Clark: Would you believe today?
Ms. Pancoast: And it's awful, it's terrible, and it's not fair, but that's where we are.
Mayor Clark: I understand.
Ms. Esther Armbrister: One short comment. We built 26 townhouses on Franklin Avenue, and
what you did, you allowed people to come in there at a small price, your people. We didn't have
160 April 14, 1994
very many blacks back there, and they came in, and they sold the houses from seventy-five to a
$100,000. That's what they sold those little townhouses for. And they weren't built very good,
as well as we're having trouble right now with the City building houses. We're having trouble
now with you all building houses.
Mayor Clark: All right.
Ms. Armbrister: Thank you.
Commissioner Plummer: Can I ask if this is limited to City residents?
Mr. Bailey: No, it is not.
Commissioner Plummer: In other words, somebody that's living in North Carolina could come
down and bid on them?
Ms. Armbrister: Right.
Mr. Bailey: That is correct.
Commissioner Plummer: Well, did we goof.
Mr. Bailey: Now, I can suggest to you, because it's City money, you may put restrictions on that
is not discriminatory; however, we cannot do FHA financing financing. Now, we have a
difficulty here.
Vice Mayor Dawkins: But I'm pretty sure that we don't have to go FHA.
Mr. Bailey: Well, if you want to get people to qualify, I would suggest FHA is the easiest way.
Vice Mayor Dawkins: But see, that's the problem, Mr. Bailey. Nobody's talking about making
it easy.
Mr. Bailey: Well, that's all I've heard here today.
Vice Mayor Dawkins: We're talking about them finding whatever they need to qualify, sir.
Mr. Bailey: We have made it... I would suggest, Vice Mayor, and to other members of the
Commission, that in keeping with the types of dialogue we've had with the Homeowners'
Association, and the Coconut Grove Civic Association... And we've had many meetings. This is
not something that we thought up in our office. Everything that I am telling you today was the
result of our constant meeting with that community, even down to the type of house and the
price. And we feel that in order to satisfy the wishes of that community, the way we have
structured the financing and the structure of these houses is the best way to go.
Mayor Clark: All right. Please, now.
Commissioner Plummer: Herb, there's never been any question that it's a quality home, in a
quality area. It's the idea that what you've got there now, you can't consider to be medium
income.
Mr. Bailey: Right.
i
j Commissioner Plummer: That's the problem.
161 April 14, 1994
Mr. Bailey: OK.
Commissioner Plummer: You're asking this Commission, predicated on what you're saying
here, to subsidize 23 units to another million dollars.
Mr. Bailey: We're asking?
Commissioner Plummer: We've paid a million dollars for the property, and now, you're asking
us to subsidize another million by virtue of going from a cost of one -fifty... Well, I'm sorry, I
stand corrected. It's a total of one million dollars. You cost a hundred and fifty-five thousand.
You're selling them for one -fifteen. That's forty thousand times twenty-three, is right at a
million dollars. I...
Mr. Bailey: We're recommending that, Commissioner, based on our discussion with the
community, and as you can see here today, the hundred and fifteen is too expensive for them. It
is your decision. However, I have a correction to make. My staff just told me, because we can
restrict it to City employees, and whatever decision you want to make regarding our particular
use of FHA...
Mayor Clark: City employees, or City residents?
Mr. Bailey: City residents and City employees, if you want to.
Commissioner Plummer: Well, let me ask another question, because I think it's going to come
up. You might as well lay it on the table. Can you restrict it to Afro-Americans?
Mr. Bailey: I don't think that can happen, Commissioner.
Commissioner Plummer: Well, you're not a lawyer.
Ms. Linda Kearson (Assistant City Attorney): OK. The Fair Housing Act precludes
discrimination based on race, sex, age and what have you. However, it does provide for a race -
conscious program to be established by you if it is determined that this body has historically
discriminated against a particular community. It's a two -prong test. First, you have to determine
that there has been historical discrimination. Secondly, you have to have a program that has a
specific duration. It cannot go on forever. So, while you do have a Fair Housing Act that
requires certain items to be met, if this Commission decides that there has been a historical
pattern of discrimination against African -Americans and you want to rectify that by way of this
particular program, then you can do that.
Commissioner Plummer: How do we got about... What procedure would we follow to get
twenty-five percent of those units for African -Americans?
Ms. Kearson: Well, as I'm saying to you, Commissioner, there has to have been some pattern of
discrimination. I think that there must be some empirical data to demonstrate that this body has,
in fact, discriminated against the community?
Commissioner Plummer: Do we do that, by what action, or does anyone else do it, by what
action? Because I want to see it done. Excuse me. I don't think that we can in any way, shape,
or form, perform what I would love to see what you said, that the old settlers have first choice. I
don't think we're going to get that accomplished. All right? I just don't think so. But I would
like to see that twenty-five percent of those units go to the Afro-Americans, and if I could do it,
of Coconut Grove. OK? Now, whatever procedure we have to do to start that, I would like to
162 April 14, 1994
start it. But we've still got to argue about what price they're going to be sold at, but that, I think,
is important.
Mayor Clark: That's not on the menu today.
Ms. Kearson: Well, I think what we would need to do, if I might, Mr. Mayor, we need to
determine by way of a study - that's going to take forever - that there, in fact, has'been
discrimination. I don't know if we can single out Coconut Grove. Coconut Grove is just but one
part of the City of Miami. And I think in order for us to have a legally defensible position in
court, were we to be challenged, we would need to have that data input, before establishing a
program of this nature.
Mayor Clark: Mr. Bailey, have these houses been built?
Commissioner Plummer: They're seventy-five percent.
Mr. Bailey: They're sixty-five to seventy percent completed, Mr. Mayor.
Mayor Clark: Do we need a motion today on this?
Mr. Bailey: No, we don't. This is a discussion item, and it's an update, and it's not an item to
be voted on.
Mayor Clark: Well, I think it's been updated enough. We know where we stand. Any more
discussion necessary?
Commissioner Plummer: Well, I would like to make a motion at this time.
Mayor Clark: Yeah.
Commissioner Plummer: Whatever is necessary for the Law Department to do to start the
procedure to assure that twenty-five percent of those residences will go to the Afro-Americans,
preferably of Coconut Grove, that they start that action immediately.
Mayor Clark: Second the motion, because we've got a set -aside. I think we can handle a set -
aside motion.
Commissioner Plummer: Whatever it is.
Vice Mayor Dawkins: Second.
A. Quinn Jones, III, Esq. (City Attorney): Under discussion, please. Again, I caution you, it's
not the directive to the Law Department if there is going to be... If you're authorizing a study
that will provide empirical data to support this, then you need to, in your motion, state and direct
the City Administration to conduct such a study. Otherwise, we're going to end up fighting in
court.
Commissioner Plummer: I will ask that the appropriate parties, the appropriate parties start such
a procedure.
Mayor Clark: All right.
Vice Mayor Dawkins: And we're not saying it can be done. We're saying, "Go see if it can be
done."
163 April 14, 1994
Commissioner Plummer: Exactly.
Ms. Kearson: Go see if the figures bear us out. If it does, then we can establish a program.
Mayor Clark: What else? What else?
Mr. Shiver: Very briefly. The studies have been done, and the studies are found in the City of
Miami Comprehensive Plan. That area is built in a target area, number one.
Ms. Kearson: No, no, I disagree with Mr. Shiver on that. A study has not been done.
Mayor Clark: Well, that's another story. Let them work this out. We're trying to help now.
Ms. Kearson: But we're willing to work with, the Law Department with the Administration to
have a study completed for you.
Mayor Clark: OK. There's a motion and a second. All in favor of the motion signify...
Vice Mayor Dawkins: Aye.
Commissioner De Yurre: Mr. Mayor, Mr. Mayor, before we vote, you know, if, legally, this can
be done, then I think we should shoot for a lot higher than just twenty-five percent. Because the
goal is to provide this kind of housing to a community that does not have it. And if we can
ensure more than twenty-five percent, then I believe that we should.
Vice Mayor Dawkins: Fifty?
Mayor Clark: Well, that can be determined at the time.
Commissioner De Yurre: I would say fifty percent.
Mayor Clark: On the motion, on the motion, to get this started, cast a unanimous ballot, Madam
Clerk.
Commissioner Plummer: So be it.
Mayor Clark: All right.
Vice Mayor Dawkins: All right. Now, what about the price?
Mayor Clark: Item 7-C. We're never going to get out of here.
Commissioner Plummer: Mr. Mayor, we have...
Vice Mayor Dawkins: What about the price of these units?
Mayor Clark: I'll tell you, just expect to come back here on the 24th, because we're not going to
finish this thing today.
Vice Mayor Dawkins: OK. Come back on the... All right, with a price on the 24th. OK.
164 April 14, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-254
A MOTION DIRECTING THE LAW DEPARTMENT AND CITY
ADMINISTRATION TO INITIATE A STUDY, SUPPORTED BY EMPIRICAL
DATA, TO ASCERTAIN WHETHER OR NOT THERE HAS BEEN
DISCRIMINATION IN CONNECTION WITH THE ASSIGNMENT OF
HOUSING UNITS IN THE CITY; DRAFT NONDISCRIMINATORY
LEGISLATION, SETTING THE POLICY THAT AT LEAST 25 PERCENT OF
THE UNITS AT THE CITY -SPONSORED ST. HUGH OAKS VILLAGE
CONDOMINIUM PROJECT SHALL BE RESERVED FOR AFRO -AMERICANS
IN THE COCONUT GROVE AREA.
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.
Commissioner Plummer: Mr. Mayor, it was my understanding item 7-C was going to be
taken up after 5:00 o'clock.
Commissioner De Yurre: No, that was the Vizcatran, I believe.
Mayor Clark: I heard it was also, yeah, yeah.
Commissioner Plummer: Excuse me. We told people on Bicentennial 5:00 o'clock, because
Willy did not anticipate to be back until 5:00.
Mayor Clark: Five o'clock. Where is... Let's go. Let's go to 8. We're going to handle 8.
Right?
Mr. Bailey: I'd like to ask a question.
Commissioner Plummer: Eight, we've done; nine, we've done.
165 April 14, 1994
15. GRANT FEE WAIVERS REQUEST BY REPRESENTATIVES OF THE DIABETES
RESEARCH INSTITUTE FOR USE OF DOCK SPACE DURING THEIR ANNUAL
CATCH A CURE FISHING TOURNAMENT (JUNE 4, 1994).
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Ten. That's a waiver for $400 for the diabetes. It's my understanding
the Manager recommends. I move it.
Mayor Clark: You move it. Is there a second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-255
A RESOLUTION WAIVING APPLICABLE DOCKAGE FEES IN AN AMOUNT
NOT TO EXCEED $400.00 FOR THE USE OF AVAILABLE SLIPS AT THE
CITY -OWNED MIAMARINA BY PARTICIPANTS AND GUESTS OF THE
EIGHTH ANNUAL "CATCH A CURE FISHING TOURNAMENT" SPONSORED
BY THE DIABETES RESEARCH INSTITUTE TO BE HELD ON JUNE 4, 1994,
SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
166 April 14, 1994
IN
NOTE FOR THE RECORD: At this point, agenda item 11 was
called for discussion. The record was marked to reflect no
appearance by interested parties at this time.
------------------------------------------------------------------------------------------------------------------
16. APPROVE CITY MANAGER'S RECOMMENDATION TO EFFECT CERTAIN
MODIFICATIONS IN PRESENT CONTRACT WITH THE BUS BENCH COMPANY.
Mayor Clark: Number 12.
Commissioner Plummer: George Knox, is he here? He was around.
Mayor Clark: He was around. We said after 5:00 o'clock on this, too.
Commissioner Plummer: All right.
Mayor Clark: Well, do we need him? Have we worked out all the problems on this?
Mr. Cesar Odio (City Manager): I can recommend that we, because, again, of the hurricane, the
bus benches were completely damaged, destroyed, and the advertising was not available, and
that we do grant the waiver that they have asked for.
Mayor Clark: George, are you here? Come out front, come out front, quick.
Commissioner Plummer: I will move the Manager's recommendation.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
Mr. Neil Shiver: Mr. Mayor, if I may, please, I wanted to testify on item 7-C. I have to go and
get my son, so, you know, when 5.30 comes, I have to leave.
Commissioner Plummer: Seven-B?
Mr. Shiver: Seven-C, the port item.
Commissioner Plummer: But we cannot hear that until 5:00 o'clock, sir. We guaranteed people
that. I'm sorry.
Commissioner Gort: We haven't taken it up yet.
Mayor Clark: Five o'clock. Wait till the clock goes 5:00. You're here for it.
Mr. Shiver: Can I be granted to be heard at 5:00 when it comes?
167 April 14, 1994
.4�
Mayor Clark: Yes, sir, you'll be heard.
Mr. Shiver: Thank you very much.
Mayor Clark: Mr. Knox.
Mr. George Knox: Thank you very much.
Commissioner Plummer: Mr. Knox.
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Mayor.
Commissioner Plummer: Sit down, Mr. Knox.
Mr. Knox: Thank you very much.
Ms. Hirai: Roll call on 12
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-256
A RESOLUTION FORGIVING THE INDEBTEDNESS FOR PAYMENT OWED
TO THE CITY OF MIAMI BY BUS BENCH COMPANY IN THE AMOUNT OF
$21,111.07 FOR THE PERIOD COVERING SEPTEMBER 1, 1992 THROUGH
NOVEMBER 30, 1993.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
168 April 14, 1994
+kra,
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.
------------------------------------------------------------------------------------------------------------------
17. APPROVE PAYMENT OF LEGAL FEES TO RONALD J. COHEN, ESQUIRE
CONCERNING REPRESENTATION OF POLICE OFFICERS ROBERT SADLIER,
J.E. MENDEZ, AND DAWN CAMPBELL, AND SERGEANT ROBERTO BAEZ,
SUBJECT TO FRATERNAL ORDER OF POLICE WITHDRAWING THEIR
LAWSUIT.
Mayor Clark: Item 13.
Commissioner Plummer: Mr. Mayor, this is an item that has been long standing between this
Commission, and we asked them to go back, and they have worked with the Law Department,
and with the Administration, that the FOP has asked for these monies to be reinstated, because
they had monies that they had laid out. It is my understanding that it is in concurrence with the
Law Department and with the Administration that this item be approved, and as such, Mr.
Mayor, I move item 13.
Mayor Clark: All right. Is there a second?
Commissioner Gort: Second.
Commissioner Plummer: All right. Excuse me. There's a caveat by the City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Just a point of clarification. On Sadlier, was that the
incident involving the Hollywood kid? OK. Just for your edification, you did consider that
particular matter before, and you denied payment on it. OK? You should also be aware that the
FOP, we took that case to circuit court, we won. The FOP appealed it. So I think that if you're
going to approve payment on here that there be some provision that the FOP withdraw its appeal
of whatever else.
Mayor Clark: Do you so state?
Mr. Al Cotera: That's what we agreed to, yes.
Mayor Clark: Give us your name for the record, so we can get that in the record.
Mr. Cotera: Al Cotera, president, Fraternal Order of Police.
169 April 14, 1994
Mayor Clark: Do you withdraw?
Mr. Cotera: To withdraw the...
Commissioner Plummer: Well, it's subject to that.
Mr. Cotera: Correct.
Commissioner Plummer: Yeah. Mr. Mayor, for the edification of all concerned, we now have a
scenario that says that in the future, that any time that any City employee wishes to go to outside
counsel, before this Commission would be obligated, they must come before this Commission,
get our approval, and we will set a maximum fee, if, in fact, we do approve it.
Mayor Clark: All right.
Commissioner Plummer: That's for the future.
Mayor Clark: Very good.
Commissioner Plummer: I have to ask one other question. Mr. City Attorney...
Mayor Clark: Wait a minute. Let's move on this item.
Commissioner Plummer: All right, Sir.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-257
A RESOLUTION AUTHORIZING THE DIRECTOR OF THE FINANCE
DEPARTMENT TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT
OF THE LAW FIRM OF KLAUSNER AND COHEN, P.A. IN THE AMOUNT OF
$268,015.25 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE
FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS:
$116,209.37 FOR THE REPRESENTATION OF ROBERT BAEZ, POLICE
OFFICER, IN THE CASE OF STATE OF FLORIDA VS. ROBERT BAEZ DADE
COUNTY CIRCUIT COURT CASE NO.: 89-21760-CR; $76,805.88 FOR THE
REPRESENTATION OF ROBERT SADLIER, POLICE OFFICER, IN THE CASE
OF STATE OF FLORIDA VS. SADLIER BROWARD COUNTY COURT CASE
NO.: 91-92-CF-10A; $40,000.00 FOR THE REPRESENTATION OF DAWN
CAMPBELL, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS.
DAWN CAMPBELL DADE COUNTY CIRCUIT COURT CASE NO.: 91-11195-
CR.; AND $35,000.00 FOR THE REPRESENTATION OF JUAN E. MENDEZ,
POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. JUAN E.
MENDEZ, DADE COUNTY CIRCUIT COURT CASE NO.: 90-48969, AND
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $268,015.25 FROM
THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
1.70 April 14, 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.
------------------------------------------------------- --------------- ---------------------------------------------
18. DISCUSSION CONCERNING ROY BLACK, ESQUIRE'S REQUEST FOR
PAYMENT OF HIS FEES IN CONNECTION WITH HIS DEFENSE OF WILLIAM
LOZANO -- DIRECT CITY MANAGER TO SCHEDULE DISCUSSION FOR THE
MEETING OF MAY 5TH.
Commissioner Plummer: May I ask about a sensitive subject? It's got to be laid on the table
eventually. Mr. Roy Black has asked for his fee to be paid on Lozano. Now, let's... You know,
we got to fish or cut bait, because as I understand it, the man is going to go to court, and I think
that I would like to have this scheduled for the very near future. We can't let this thing linger
and carry on, and carry on. I know it's a very sensitive subject, but I think we've got to address
it. It's a bullet we've got to take, one way or another, and get it behind us. I would ask, Mr.
Mayor, that this matter be scheduled in the next month.
Mr. Cesar Odio (City Manager): May 5th.
Commissioner Plummer: May 5th is fine. Mr. Manager, schedule it for anywhere you want, but
we've got to bite the bullet and make a decision.
Mayor Clark: OK. All right. Schedule it for May the 5th.
Mr. Odio: Well, there is a letter, for the record, that he has sent me, which I forwarded to the
City Attorney, making a specific offer.
Vice Mayor Dawkins: Bring it up on the 5th.
Mr. Odio: OK.
Commissioner Plummer: I will expect the City Attorney to make an explicit recommendation.
Mayor Clark: All right. Let's move forward.
171 April 14, 1994
-------------------- ----------------------------------------------------------------------------------------------
19. PERSONAL APPEARANCE: MR. WILLARD HART EXPRESSES TO CITY
COMMISSION HIS IMPRESSIONS OF THE CODE ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------
Mayor Clark: Fourteen has been handled. Fifteen.
Vice Mayor Dawkins: Fifteen, Mr. Hart. OK.
Mr. Cesar Odio (City Attorney): Mr. Mayor, on 14..
Mayor Clark: Fourteen, we've handled.
Mr. Odio: You handled it. OK.
Commissioner Plummer: Yeah.
Mayor Clark: We handled that earlier, on the alcoholic beverages that day.
Vice Mayor Dawkins: Bed race, for bed race. That's gone.
Mayor Clark: Yeah. Fifteen, what's on 15?
Vice Mayor Dawkins: I asked Mr. Hart to continue to serve on the Code Enforcement Board,
and he told me he was not interested, and the things that he told me about why, I thought that this
Commission should hear them.
Mayor Clark: Let's don't hear it today.
Vice Mayor Dawkins: Go ahead, sir.
Commissioner Plummer: I've been saying it for years.
Mr. Willard Hart: Willard Hart, 1878 Northwest 56th Street, Miami, Florida, a citizen of Miami
all my life. I served with honor when Commissioner Dawkins placed me on the Code
Enforcement Board.
Mayor Clark: Yes, sir.
Mr. Hart: And I began to see the kinds of problems that the Code Enforcement Board had
undertaken, that we were there as, more than likely, just a rubber stamp group. When we tried to
get things done, there was really no teeth in what we wanted to get done. So the Code
Enforcement Board was actually being used as a scapegoat, just for people for a hearing, and a
waste of time. So as it turned out, the two neighbors to the west of me passed away. The lady
passed... First the man, then the lady. Then everyone in the neighborhood decided that they
would use the home there and the property in front of the home to dump everything. So I began
to seek some code enforcement. I started calling, going through the process, and calling to see
that signs be placed up. It was said that they didn't have any money in the budget. I had sent for
a...
Mayor Clark: Who did you contact?
172 April 14, 1994
p'Oi4i)
Mr. Hart: How's that?
Mayor Clark: Who did you contact?
Mr. Hart: I contacted the code... I called 275 2nd Street - 1st Street. They gave me 62nd Street.
Commissioner, Inspector Stubbs came at one time, and said that he'd be back with a sign. I later
called, and they said they didn't have any money in the budget, and it would take two years to
get another sign. Eventually, they came with a sign, and they just stuck it in. Someone drove
by, and came, stopped, pulled it up, and went. And from that time to this, I have called
Commissioner Dawkins's office at least 15 or 20 times, have written letters, and nothing has
been improved. One of my colleagues, who I formerly worked with, saw that I was on the
agenda, and called me to say that in the neighborhood where he lived, he called one of the
inspectors, because they were having chickens in the neighborhood. The inspector caused him to
lose a lifetime neighbor friendship, because he told him where he got the information from. So
it's turning neighbors against neighbors, rather than seeing that the job gets done.
Mayor Clark: Who's in charge? Just a minute. Mr. Manager, who's in charge of Code
Enforcement?
Mr. Carlos Smith (Assistant City Manager): They are in the NET (Neighborhood Enhancement
Team) offices now, Mr. Mayor.
Mayor Clark: NET office. Who's the director of Code Enforcement? Do they have a director?
Mr. Smith: Well, basically...
Commissioner Gort: For that area.
Mr. Smith: Which area are you talking about?
Commissioner Gort: Model City, I think.
Mayor Clark: The Code Enforcement of the City of Miami.
Vice Mayor Dawkins: Of the City of Miami.
Mr. Smith: The Code Enforcement inspectors are assigned to each of the NET offices, and I'm
in charge of the NET offices, so I guess I'm in charge of them.
Mayor Clark: All right. You hear what's happening here?
Commissioner Plummer: That's a joke. We spend a million dollars a year, Mr. Mayor, and
what the man told you is so true. Until a Code Enforcement Board has teeth, as he said, "clout,"
as I say, we're wasting our time.
Mr. Hart: We are.
Commissioner Plummer: To sit around here and brag that we've got $60,000,000 in liens...
That's what they tell us. When a man is found guilty, he doesn't have to stop what he's doing.
He might accumulate a lien of $250 a day from now up until the world ends, and that's where the
$60,000,000 is coming from, and he sits there and laughs at us.
Mr.Odio: Well...
173 April 14, 1994
Commissioner Plummer: Excuse me. Let me finish. Right now, Mr. Mayor, the citizens of this
City, to have that joke perpetrated on them, called Code Enforcement, is spending $1,000,000 a
year. Now, in their defense, they have no other authority. I have personally spoken to the Dade
delegation, that they have got to give them clout. And if a man is doing wrong, and he's given
"X" number of days to correct it and he doesn't do it, we'll turn off his electricity, we'll put his
butt in jail, or whatever is necessary to bring that man into compliance. But to give him a fine of
$250 a day for 365 days a year, then he's going to laugh at you.
Mr. Hart: That's right.
Mr. Smith: Commissioner, May I...
Mr. Odio: Let's not make, you know... Go ahead and put those numbers...
Mr. Smith: Let me make some points in here. I do agree with you that we need some more teeth
in Code Enforcement, there's no doubt about it.
Commissioner Plummer: No. You need "some" teeth, not "more."
Mr. Smith: But, no, let me also tell you, we bring between 200 and 300 cases a month to the
Code Enforcement Board. That's between 2,400 and 3,600 cases a year. We have outstanding
cases with liens running right now, 620. So that means that a whole bunch of them, a significant
amount of them come under compliance, and they either pay some mitigated amount, which you
have given some instructions as to how, what to do, and so forth. We are also now going into
foreclosures. We have requested foreclosures on ten properties already, and basically, to
threaten them, and some of them have come into compliance already. So we're doing, we're
taking steps to make sure that people do come into compliance. But, yes, I agree with you that
we still need some more teeth.
Commissioner Plummer: The only way you can do that...
Mr. Hart: Commissioner, that's simply a spit in the ocean. If you could see the things that are
not being done in the areas...
Commissioner Plummer: It's incredible.
Mr. Hart: It is.
Commissioner Plummer: It's incredible.
Mr. Hart: Over on 3rd Avenue, where my lodge exists, there's a vacant lot that's owned by the
Jewish Home for the Aged. No one lives there. People... They keep writing up the people who
live there. The people across the street are the ones who are doing the violating. Instead of
checking with those people over there and seeing that they stop bringing and dumping things
over there, they're writing up the persons who own the property, who don't have... It's a vacant
property. But everything is dumped there, and when the neighbors move out, they dump
everything over there.
Mayor Clark: You need a big, big policeman, and a big judge to go with it.
Mr. Hart: Plus the fact that there are certain times when you are supposed to put trash out.
These people. start. dumping trash at any time, and -no enforcement- is being done. .
174 April 1-4, 1994
Mayor Clark: You're going to have a problem there, Mr. Manager, seriously. Yes, sir.
Mr. Ruben Avila: Mr. Manager, my name is Ruben Avila. I'm the chairman of the Code
Enforcement Board. I was the vice chairman when Mr. Hart was over there. Now, I'm the
chairman. The problem that we had last year, when he was there, is because we didn't have a
quorum. We had a previous Commissioner that every time that she put somebody on that board,
we didn't have a quorum, because they didn't show up. We had problems then, but some of
those problems - not a hundred percent - have been resolved. Now, since the new Commission,
since we have the new Commission here, we've got a full board now. I've been working very
hard with that board, and Commissioner Plummer knows about it, and Commissioner Gort
knows about it, and Commissioner Miller Dawkins knows about it. We still have problems.
We're trying to correct it, a lot of those problems. Now, Mr. Hart, when he was there, he was
working real hard, but because we didn't have quorums and things like that, he left the board.
He was really upset, and I don't blame him. I don't blame him, because he was upset with the
things that were happening. But now, Mr. Hart, we wish you'd come back to the board, OK?
Mayor Clark: Would you go back?
Mr. Avila: We wish you'd come back to the board because...
Mr. Hart: Yes, I'd come back, but...
Mayor Clark: We'll give you a big bat.
Mr. Hart: That's what I want.
Commissioner Gort: A two-by-four.
Mr. Hart: I'll need it. But...
Mayor Clark: They're going to put some teeth in this thing. Please go back, Mr. Hart.
Mr. Avila: I just want to let the Mayor and the Commissioners [know] that I've been talking for
the past three months with the Administration.
Mayor Clark: All right.
Mr. Avila: We have... with Carlos Smith and with Sergio.
Mayor Clark: All right. We're working now. OK. We've got you.
Mr. Avila: And I think you should go back, and I think that Commissioner Miller Dawkins
should appoint him today, please.
Mayor Clark: Don't accept that resignation, Miller.
Vice Mayor Dawkins: OK. All right, sir.
Mayor Clark: All right? Fine. You're back on, Mr. Hart. Blessing to the Commission.
Mr. Hart: Thank you.
Mayor Clark: Thank you. Thank -you, sir. .
_ _ 1.75' April 1.4, 19.94
-------------------------------------------------------------------------------------------------------------------
20. GRANT REQUEST BY REPRESENTATIVES OF THE "MIAMI PROJECT TO CURE
PARALYSIS" FOR FEE WAIVERS FOR THEIR WALK-A-THON EVENT
(OCTOBER 29, 1994) -- STIPULATE THAT THE WAIVERS WILL APPLY TO USE
OF BICENTENNIAL PARK RATHER THAN USE OF COCONUT GROVE.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 16, what have we got here?
Mr. Cesar Odio (City Manager): I recommend that, Mr. Mayor. This is a great project. They're
asking for a waiver of all fees.
Vice Mayor Dawkins: Move it.
Mayor Clark: Moved by Mr. Dawkins, seconded by Mr. Gort. Cast a unanimous... What's
that?
Unidentified Speaker: Sixteen.
Mr. Jack King: My name is Jack King. I live at 3695 North Bay Homes Drive in Coconut
Grove. It's a great project. Why is it in Coconut Grove? Why do we have it here? We just, last
week, we had the March of Dimes Walk-a-Thon, and everybody in South Grove was held
hostage for three hours on Saturday morning. We couldn't go anywhere. They had 25,000
people walking through the Grove.
Commissioner Plummer: Well, this was part of the Festival Committee's recommendation, Mr.
Mayor.
Mr. Odio: It was grandfathered in when the...
Commissioner Plummer: Was this one, one of them that was grandfathered?
Mr. Odio: ... Miami Runners Five -Miler was grandfathered in.
Commissioner Plummer: But this is not that.
Mr. King: This is not that, this is something else.
Commissioner Plummer: This is a Project to Cure Paralysis. How does this relate?
Mr. King: Thank you.
Commissioner Plummer: One of the criteria, how does this relate to Coconut Grove?
Mr. Odio: You would have to waive the requirement of Ordinance 10764 that doesn't permit
more than one event during a month or two.
Mayor Clark: Well, let's do it. It's a freat program.
Commissioner Plummer: OK. Mr. Mayor, you know, one of the things that you and Mr. Gort, I
want to bring you up to speed on, I was appointed by this Commission to serve and to formulate
176 April 14, 1994
a committee which brought about some realization by demand of screaming Coconut Grove
owners who were rightfully in here at us about these festivals. And what we did was, was make
a determination that they had the right of some peace and tranquility. That, number one, a
criteria was set that there would not be more than two events a month, and only one would be a
street event. Number two, that there had to be some direct relation to the City - to Coconut
Grove, in particular; that we had Bicentennial Park, we had Kennedy Park, we had all of the rest
of these parks, that you could not burden one park time, after time, after time. And the third
item, we established a fee, and that fee was determined upon the fact that a fee would be paid
because of the unusual wear and tear that was put onto these parks. A lot of these festivals were
not local City of Miami residents who came from out of town, who, naturally, and this shouldn't
sound bad, did damage under the normal wear and tear. Now, here again, I would ask in this
particular case, if they go to Bicentennial Park for their Walk-a-thon, they wouldn't need half the
amount of policemen. This doesn't, in my knowledge, does not relate to Coconut Grove.
Mayor Clark: Well, what do you want to do? Say something.
Commissioner Plummer: I cannot waive the fees. I just can't.
Mr. Odio: You are only talking about 900 and some dollars.
Commissioner Plummer: Well, but that's... I understand. That's what I understand. Mr.
Manager... Mr. Mayor, you know, somewhere along the line, we have got to listen to the people.
And the people say, "Hey, this is unfair to us, unfair to us to have more than two events a
month." As he said, Sunday, I tried to go to Taurus Restaurant, I could not get to Taurus
Restaurant. And, Joe, for the edification of your police, please tell them when they are closing
off Commodore, do it at Fuller... excuse me, at Grand.
Mr. King: Grand.
Commissioner Plummer: ...rather than letting me drive all the way Commodore to Main to tell
me I got to turn around and go back. I mean it's stupid...
Mayor Clark: What... I need some action on 16, what is it?
Commissioner Plummer: Mr. Mayor, I would waive these fees for Bicentennial Park. I can't do
it for Coconut Grove. I'm sorry.
Mayor Clark: All right, there's a motion on Bicentennial Park. Is there a second? Any
objections? Hearing none, we waive for Bicentennial Park. Cast a unanimous ballot, Madam
Clerk.
1-77 _ April 14, 1994
ff
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-258
A RESOLUTION RELATED TO THE WALK-A-THON TO BE CONDUCTED
BY THE PROJECT TO CURE PARALYSIS AND THE STAND UPI MIAMI
CHAPTER OF THE BUONICONTI FUND TO CURE PARALYSIS ON
OCTOBER 29, 1994; WAIVING ALL WAIVABLE USER FEES AS PERMITTED
BY THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
CONDITIONED UPON THE ORGANIZERS HOLDING THE EVENT AT
BICENTENNIAL PARK RATHER THAN IN COCONUT GROVE; SAID
AUTHORIZATION 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 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 AFTER ROLL CALL:
Ms. Michelle Mits: Excuse me, I'm sorry. Can I just ask a question please?
Mayor Clark: Yes.
Ms. Mits: We are not trying to close down the streets completely, it's not a street affair. We are
doing this event in conjunction with CocoWalk which is a large part of Coconut Grove.
Commissioner Plummer: Then you'll have to choose another month in which there are not two
events going on. You cannot choose the month that you want. There are already reservations
and you will have to go through the committee process to choose a month in which there is not
presently...
Ms. Mits: It's my understanding that there is only one other event scheduled for that month that
was grandfathered in.
178 April 14, 1994
Commissioner Plummer: I can't answer that. I don't know.
Ms. Mits: And there is an opening for a second event.
Commissioner Plummer: OK.
Mr. Cesar Odio (City Manager): Miami Runners, five miles.
Commissioner Plummer: But why are they asking for a waiver?
Mr. Odio: They are not. They are...
Ms. Mits: We are not.
Commissioner Plummer: They are not asking for a waiver on the two event?
Mr. Frank Castaneda: Yes, they are.
Commissioner Plummer: Well, if they are then they...
Mr. Odio: They are.
Ms. Mits: We are, the Miami...
Mr. King: I think both of them require street closures, is that not correct?
Mr. Odio: They require street closures.
Ms. Mits: We did not require street closures.
Commissioner Plummer: Does it require a street -closure?
Ms. Mits: No, we do not require street closures. We are proposing a circular walk that... to end,
come down Tigertail, and if the City would like us to block off half of that, we could.
Commissioner Plummer: Well, that's part of the problem. If you block off any part of the
street...
Ms. Mits: Then we won't need to do that. It was just something that we thought that we would
make...
Commissioner Plummer: Where are they going to walk?
Ms. Mits: On the edge of the street.
Commissioner Plummer: Then you have got to block it off. The Police Department won't let
you do it any other way, for safety aspect.
Ms. Mits: Is it possible to block only one lane?
Commissioner Plummer: Then when you do that, you are then in violation of the ordinance.
Hey, I'd like to help you.
Ms. Mits: No, I understand. I'm just...
179 April 14, 1994
Commissioner Plummer: OK.
Mayor Clark: Pick another month.
Ms. Mits: But it is the only event asking for a closure, I believe. I don't know what the other
event is.
Commissioner Plummer: All I'm saying to you that Frank tells me it is in violation of...
Mr. Castaneda: Yeah. There is a five -miler in the first week of October, and that has a street
closure. There can only be one street closure per month. There can be two events per month.
Commissioner Plummer: Right. Yeah. That's it.
Mayor Clark: OK.
-------------------------------------------------------------------------------------------------------------------
21. PERSONAL APPEARANCE: MR. JOE SUAREZ, EVENT COORDINATOR FROM
MIAMI WAVE -- DISCUSSION CONCERNING REQUEST FOR WAIVER OF CITY
ORDINANCE (ORDINANCE 10764) TO ALLOW AN ADDITIONAL EVENT IN
COCONUT GROVE FOR THEIR GREAT "COCONUT GROVE BICYCLE RACE"
EVENT TO BE HELD IN COCONUT GROVE (OCTOBER 16, 1994).
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Next case. Item 17. Thank you, ladies. What's on 17, Cesar?
Mr. Cesar Odio (City Manager): It's on Coconut Grove district requirement of the same thing,
they have to close the street.
Vice Mayor Dawkins: Same thing.
Mayor Clark: Same thing.
Commissioner Plummer: Same thing. I'll move it for Bicentennial Park.
Mr. Joe Suarez: Unfortunately, you know, this event... My name is Joe Suarez, I'm the event
coordinator for the Miami Wave. And this event that we are requesting is in the 21st year.
Already it has been done in the Grove. It used to be done in the month of October until we
moved to the month of March.
Mayor Clark: Sir, we don't have the ability, so we can't do it.
Mr. Suarez: All right, thank you.
Mayor Clark: Because of the ordinance. You got to move it to Bicentennial Park. Is that all
right?
Commissioner Plummer: Well, or some other park, Mr. Mayor. There's many other parks
around.
Mayor Clark: All right.
180 April 14, 1994
NOTE FOR THE RECORD: At this point, agenda item 18 was
deferred to the next meeting.
------------------------------------------------------------------------------------------------------------------
22. APPROVE IMPLEMENTATION OF A PROGRAM TO PROVIDE A 24-HOUR
TELEPHONE SERVICE (SIMILAR TO OUR 911 SYSTEM) WHEREIN ANY
QUESTION TOURISTS MAY HAVE MAY BE ANSWERED IN THEIR OWN
LANGUAGE, SUBJECT TO ADMINISTRATION IDENTIFYING FUNDING
SOURCE.
Mayor Clark: Let's go to item 19.
Commissioner De Yurre: Yes, Mr. Mayor.
Mayor Clark: Sir.
Commissioner De Yurre: As you recall from our visit to Berlin last month, one of the ideas that
you and Manager Odio and myself came up with was the concept of creating a phone system
wherein in tourists could come...
Mayor Clark: Be answered in their own language.
Commissioner De Yurre: ...in and get quick response in their own language, particularly,
Portuguese, Italian, French, and German. And I've asked based, on that, I've asked the
Administration to come back with some figures and some numbers of how this could be
implemented on a 24-hour-a-day, 365-day-year service. I've talked to many people in the
industry - in the tourism industry - and they like this concept. They are excited about it. And I
feel that it adds a tremendous level of comfort for a foreigner to come here and be able to speak
to somebody, whether it's an emergency or not, in their own language. And you have, in your
packet, some information, and I received a more recent memo, and if I can have some
information from Cesar, and I guess through Frank.
Mayor Clark: How much is it, Cesar?
Mr. Frank May: It's $270,000 for a full year.
Commissioner Plummer: Will that come from the Greater Miami Visitors and Convention
Bureau?
Mayor Clark: We've asked them to join in, J.L. We've asked them to join in. We've asked the
County to join in. Right?
Commissioner De Yurre: That's right. We are going to get everybody to join in. But, right
now, my information is that we do have the money available.
Mr. May: The money is available.
181 April 14, 1994
Vice Mayor Dawkins: In what fund?
Mr. May: There are two sources. There are currently 21 positions that the Manager has
approved for tourist related activities which could be converted, in part, for this. The second is
from salary savings generated from vacancies in the Police Department.
Mayor Clark: Now, this may not cost that much. I'll be happy to go down to the...
Vice Mayor Dawkins: OK.
Mayor Clark: ...County, and.
Vice Mayor Dawkins: OK. I won't... I'll come back. Go ahead.
Commissioner Plummer: Well, Mr. Mayor, we'll be at the TDC tomorrow.
Mayor Clark: Yeah, you will, I won't.
Commissioner Plummer: Oh, I'm sorry.
Mayor Clark: All right, that's not the place to get it done, I think. We might do it, J.L.
Commissioner De Yurre: Yeah, Mr. Mayor, I would like to move this to be approved, and for
us...
Vice Mayor Dawkins: Second.
Commissioner De Yurre: ...with the money that we've identified, to put it in place.
Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk, with no exceptions.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-259
A RESOLUTION DIRECTING THE CITY MANAGER TO ESTABLISH A
TOURIST INFORMATION HOT LINE, PROVIDING FOR 24-HOUR
TELEPHONE SERVICE AND ASSISTANCE IN PORTUGUESE, ITALIAN,
FRENCH, AND GERMAN AND SUCH OTHER LANGUAGES AS MAY BE
DEEMED APPROPRIATE IN THE FUTURE; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $270,000, FROM THE GENERAL FUND
BUDGET OF THE MIAMI POLICE DEPARTMENT.
182 April 14, 1994
Upon being seconded by Vice Mayor Dawkins, 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.
-------------------------------------------------------------------------------------------------------------------
23. DISCUSSION CONCERNING FUNDS GIVEN TO POLICE DEPARTMENT FROM
LAW ENFORCEMENT TRUST FUND (LETF) DURING FY'93-94, AND A
DETAILED NARRATIVE REPORT REGARDING HOW $24,000 GIVEN TO THE
P.O.P. (PUSH OUT THE PUSHER) UNIT WERE SPENT DURING OCTOBER '93
THROUGH FEBRUARY '94.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 20.
Vice Mayor Dawkins: Mr. Mayor, since the day is going along, I'll just ask Officer Hardemon
to come up and speak and then I'll just forget about the rest of it. Officer Hardemon.
Commissioner Plummer: What item number?
Vice Mayor Dawkins: Twenty.
Mayor Clark: Item 20,
Vice Mayor Dawkins: I'll ask...
Commissioner Plummer: Push Out the Pushers.
Vice Mayor Dawkins: Officer Hardemon had an incident that happened, and I think that
everybody should know about it.
Mayor Clark: Go ahead, Mr... Officer.
Vice Mayor Dawkins: Your name and address.
Officer Walter Hardemon: Good afternoon, Mayor, and Commissioners. My name is Officer
Walter Hardemon, I've been a police officer for 14 years with the City of Miami. I've been an
employee of the City of Miami for 18 years. On March the 25th, this is a Friday, approximately
7:40 at Charles Hadley Park, I was robbed. I had to work in that Charles Hadley Park for many
years with the kids out there, and with Mr. Sam Johnson who runs the baseball program. I have
my little nephew in that program, he's ten years old. I got a beep from someone when I was on
the baseball diamond. I decided to go down to the recreation building to make a phone call. As
I walked down to the building, I noticed some people in the parking lot, and a young gentleman,
183 April 14, 1994
and a young female on a park bench. I walked to the rec building, but the office was closed. But
one side of the rec building was open. I went inside the rec building and drank some water.
Came outside of the rec building and decided to go and to use the bathroom. I was cautious
when I walked into the bathroom, I looked - even looked behind the door to see if anyone was
there - because you are subject to get robbed on those parks. As I was standing at the urinal,
taking care of nature, someone came up behind me and said, "Get down, Nigger!" And as I
looked back, someone racked a nine millimeter in my face. And I looked back, and I raised my
hand and said, "Brother, don't shoot me." I turned to face the gentleman, complying to his
demands, as I was getting down to lie flat on my stomach - because I was in fear of my life - the
gentleman struck me in the ear twice with his revolver. It was a nine millimeter. As I laid prone
on the bathroom floor, half in the bathroom, half out of the door, the gentleman took my watch.
Commissioner Plummer: Would you quit referring to him as a gentleman.
Officer Hardemon: Well. The gentleman took my watch. Then he took my gold chain, and as I
laid on that floor, looking at his nine millimeter pointed at my face, something struck me that
this guy was going to kill me. I did not identify myself as a police officer because I could see the
rage in this gentleman's eyes. And I had a very important decision to make, either die right
there, or fight for my life. And I'm saying this here, if I didn't have the training and experience,
I'd probably be dead today, because I decided to make a decision to take this guy on with the
gun. I'm not a hero, and I'm not a superman. But throughout my training, as a police officer, I
used some tactics and employed it to decoy his moving actions. And I saw myself, and my
chance to get out of a situation that probably would have cost my life. Because as I laid on the
floor he kicked me twice and said, "Nigger, get back into the bathroom." And right then I knew
either this guy was going to shoot me in any part of my body, or kill me. So what I did, I tried to
sweep him off his feet and grab the gun. But I missed the gun. By me not having the gun, I had
to push him away and turn around to protect my head from being shot in the head. He did not
shoot at me. He started to run as I went the other way. So what I did was, I identified myself as
a police officer then. The gentleman ran around the building, across 50th Street, and it's 50th
Street and 13th Avenue is where Hadley Park, across from Commissioners Dawkins' house. In
the alleys... well, on 50th Street, in the particular neighborhood, there are alleys where the
garbage trucks go through and pickup the garbage. Through my training experience I paralleled
this gentleman, and when I saw him in the alley he met with a female. The female was 16 years
old. He's 27. Me knowing him armed, and I'm not armed, I went to my vehicle. Got into my
vehicle. I caught the female coming out the alley on 13th Avenue between 51st Terrace and 50th
Street. When she saw me, she flinched, and kind of held on to her purse. I went up to her and I
told her, I said, "You and the gentleman just robbed me." She said, "I don't know what you are
talking about." Some people say a police officer has a sixth sense which I believe that's true. I
took her purse from her, and in her purse was a ski -mask. And the gentleman's ID. OK. I let
her go at that particular time because I was so concerned about him, and he was armed. Got
some police units there, but the park was closed. It shouldn't have been closed at that particular
time. I couldn't go back to the park to call the police. I went to N.W. 12th Avenue and 54th
Street, Z-Mart. I dialed 911. I bet you the phone rang at least 10 to 15 times. I said, "when is
someone is going to answer. I hung up, and re -dialed because I thought maybe I had dialed the
wrong number. Got the dispatcher, got units there, we made the arrest of...
Vice Mayor Dawkins: But first tell them about the hassle you had getting the operator to send
somebody.
Officer Hardemon: Well, I identified myself as a police officer, and I gave her my I.B.M.
number. I explained to her that I had been robbed, and I needed some units over there. They
have to go through a process to identify an officer, and they have a complete bridge with all our
identification- numbers there. - I didn't feel good with the response time I got from the -dispatcher-
that took the call In. OK. Because we've been trained professionally, I can know what a citizen
will go through if they have to wait that long to.get a response, or to get somebody for help.
184 April 14, I994 --
Commissioner Plummer: Even longer.
Officer Hardemon: Me being fortunate, being a police officer, 1 got some help there, and we
arrested the gentleman and the lady. The guy has been arrested 15 times, his last arrest was for
armed robbery. He is classified as a dangerous, habitual criminal. Right now, he's in the Dade
County Jail, he has his arraignment tomorrow. He's there with no bond. I will be present there
to let the judge know that this guy does not need to be in the street, and as a matter of fact, he
lives at 1440 N.W. 53rd Street. And I'm going to say this here. And on that park I did a survey
of the park, I went back to the park, to go over my mistakes. And I went there... well, I might
have gotten a little careless, but the thing about it is that situation was almost non -preventable.
But on that park, at that bathroom, there is wall, an " U shape brick concrete wall by the men's
bathroom that you cannot see around. Anybody else is vulnerable, and still there. The light over
the bathroom door is out. You have two other lights that run down that wall, and it's inadequate
lighting. I tell you what, something needs to be done about the park's securities. You know, like
your police officers got robbed, don't take it that way. I'm lucky to be alive. I'm telling you
that right now because to me that gentleman was going to kill me.
Commissioner Plummer: I bet you three to one they plea-bargain him out.
Officer Hardemon: Well, I spoke with...
Commissioner Plummer: After 14 arrests, did you see how many times... how long has he ever
served?
Officer Hardemon: He served a two-year probation.
Commissioner Plummer: For 14 arrests?
Officer Hardemon: Right. Right.
Commissioner Plummer: Yeah, I'll lay three to one they plea-bargain him.
Officer Hardemon: I spoke with the State Attorney, and I said this to the State Attorney, I said
that I will not accept anything, and no plea, because I will take it before a jury and let them
decide. This guy needs to be locked up somewhere. And this guy is dangerous. And let me tell
you something, any of you in this here audience could get robbed at any time, and you can lose
your life. I'm up here and I get a lot of talk about where was my gun, a gun would not... a gun
would have probably cost me my life.
Commissioner Plummer: That's right.
Officer Hardemon: And believe that.
Vice Mayor Dawkins: Thank you.
Commissioner Plummer: You know... Mr. Mayor. It's amazing. And I...
Vice Mayor Dawkins: Thank you, officer.
Commissioner Plummer: ...I'm not speaking to the issue of what is controversial. But you
know, we are told as we see television today, in Shanghai they are totally crime free. Why aren't
we over there finding out what they are doing to make it totally crime free?
185 April 14, 1994
Mayor Clark: They are on the bamboo...
Vice Mayor Dawkins: Mr. Mayor, I'd like to say to the Chief...
Commissioner Plummer: Whatever it is.
Vice Mayor Dawkins: Since this incident, I've... I asked long before that that they have
someone over there when they write up their work sheets, or something. Since this incident, two
people who walk in the park have been robbed. But thanks to the Chief this morning what I have
been asking for at 6 o'clock was there. The officers of Chief in 5732 were writing up their
reports, or whatever they do before they go off. And they were sitting there with the lights on so
that the people who walk in the park could feel secure.
Mayor Clark: All right. Thank you. Thank you, officer.
-------------------------------------------------------------------------------------------------------------------
24. (A)RESCIND 93-628 AND 94-159 -- AUTHORIZE CITY MANAGER TO EXECUTE
CORRECTIVE QUIT -CLAIM DEED TO METROPOLITAN DADE COUNTY IN
ORDER TO CORRECT SCRIVENER'S ERRORS IN ORIGINAL QUIT -CLAIM
DEED DATED MAY 27, 1975.
(B)AUTHORIZE CITY MANAGER TO EXECUTE A PRE -DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY, PROVIDING FOR DEVELOPMENT OF
WATERFRONT PROPERTIES KNOWN AS: (1) FEC, AND (2) BICENTENNIAL
PARK -- FOR PURPOSES OF EXPANSION OF EXISTING PORT OF MIAMI
AND CREATION OF PARK FACILITIES, SPECIAL ATTRACTIONS, PUBLIC
GARDEN FACILITY AND CONNECTOR BRIDGE TO BAYSIDE.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right.
Commissioner Plummer: Next item.
Mayor Clark: We got... we are coming back to item 7-C. It's 5:06. Victor, I want to recognize
you, sir. You negotiated this deal to keep tight control over the current debate. I don't want to
get caught up in any details of what the port argument... Victor, if you can handle that, Victor,
you...
Commissioner Plummer: Mr. Mayor, if I may?
Mayor Clark: Yes.
Commissioner Plummer: I inquired of Commissioner De Yurre, and I want to make it clear for
the record, the reason to believe that this document which is in front of us, cannot be altered.
And if that is the case, then I got a serious problem because I have some changes, that I
personally, would like to fight to bring into this document. So, I would ask Commissioner,
again, De Yurre, if in fact that no changes can be made... I have... Because if that's the case,
why have a public hearing? There is no need for a public hearing if the public can't come, and
bring about change. So, I ask for the record, Victor, that's all.
Commissioner De Yurre: Well, basically, this situation that we have is that... and we have with
us here also Mike Lawry, who's an attorney with MRA International Inc., who were the
consultants that have been hired by the City to help us in this process.
186 April 14, 1994
Commissioner Plummer: They never spoked to me, for the record. Did they speak to anybody
else on this Commission?
Mayor Clark: They never spoke to me because Commissioner De Yurre was the man in charge
in trying to negotiate...
Commissioner Plummer: OK. But usually, Mr. Mayor, they will in fact come and talk to the
other Commissioners, and get our thoughts, and our ideas prior to a decision, that's why I'm
asking.
Mayor Clark: I had no contact with him.
Commissioner Plummer: OK.
Commissioner De Yurre: Now, the point is that we came to an understanding with the Manager,
Cesar Odio, and myself, negotiating with Carmen Lunetta, and Joaquin Avino, even though
Joaquin was never present at the meetings, but Carmen would go back and forth and consult with
him. We believe that we have come to a situation wherein we will make significant money in
excess of $200,000,000 (two hundred million dollars) over a 45-year period. My feeling is that...
and Mike, if you can come up, also, so you give us some background on this, on how we arrived
at this situation. We have come to an understanding that is open for discussion, for explanation.
But we believe that we have struck the best deal available for the City of Miami that is
acceptable to both parties. And if we start making any changes of substance, it throws
everything out of sync, and I also ask Cesar to give his opinion on this issue. I believe that what
we have obtained has been through hard and well -fought negotiation, and this is a good deal that
we can bring before you for consideration and approval at this time. But, we'll discuss whatever
concerns you have...
Commissioner Plummer: Victor.
Commissioner De Yurre: ...they are open for discussion, and we'll try to alleviate your concern.
Commissioner Plummer: Victor, as long as I've sat on this Commission, when one
Commissioner served as a chairman of a committee, it was to bring back something for us to use
as a basis for future discussion. I can't believe that something is being presented here, today,
that to the best of my knowledge, only you, yourself had input, and I think that you've done a
remarkable job to bring it where it is, today. But I can't believe that 1, as an elected official of
this community, can't try to bring about change in something that I think that is not correct and
proper, and in the best interest of this City. And that's the only point I'm trying to make. That
if, in fact, what you indicated before, that we can't make any change to this document, let's just
take a vote now, yes or no. Because I mean, input means nothing. The so-called consultants
never consulted any other one of the votes on this Commission. And I don't understand. I mean,
it's precluding my right to express my opinion...
Mayor Clark: No, J.L., it's not precluding anything. If you got a discussion, bring it out right
now. We got... You got your background, we got your...
Commissioner Plummer: OK. Well, Mr. Mayor, if... But discussion, yes. But if the document
itself can't be changed, then what's the reason to discuss?
Mayor Clark: Well.
Commissioner Plummer: That's my point. Mr. Mayor, I'll make my point.
187 April-14, 1994
Mayor Clark: All right.
Commissioner Plummer: There is two points, three points that I have. Two that I'm really
emphatic on. Number one is the fact that this calls for the City's revenue return from this project
as a net expense. The only indication of net is the bond indebtness. But it further states, "Bond
indebtness or other expenses." We, the City, who derive our revenue from this source have no
control over what are the other expenses. We should learn our lesson from Dinner Key Marina
behind us where we tried to operate on that kind of a basis, back here, when we just absolutely
got taken to the cleaners with the expenses that they put into that contract. My personal opinion
is that if you go with the net, that we - we, the City - have to have some input as to what are the
expenses. Or the alternative is the fact that I will take a gross figure and take a lesser percentage.
Commissioner De Yurre: J.L., let me say so you understand what the process is...
Commissioner Plummer: Sure.
Commissioner De Yurre: ...and all of us, so we can be clear on this. This is a pre -agreement to
enter into an interlocal agreement where then everything will be spelled out, including what
expenses are going to be allowed in achieving net income and all that will be spelled out. This is
a skeleton structure, basically, of the terms and conditions that we have. A lot of these things
will be really broken down into its components, and you... that concern that you have, certainly, I
have it because I would not agree to just allow the word expense, and leave it at that.
Commissioner Plummer: Victor, one of the other areas...
Mr. Michael Lawry: Commissioner, if I may?
Commissioner Plummer: ...of concern... Well, I hear what he is saying.
Mr. Lawry: Well, I think that's not the point. My name...
Commissioner Plummer: All right.
Mr. Lawry: ...is Michael Lawry, I'm with MRA International in Philadelphia. The return to the
City is structured in a number of components. The first thing is, of course, the commitment on
behalf of the County to fund a significant amount of infrastructure improvements. There is also
a guaranteed minimum annual payment that is not subject to net income.
Commissioner Plummer: Oh, I understand that, sir.
Mr. Lawry: There's a share of percentage income that goes beyond that based upon the success
of the project. But there is an absolutely irreducible minimum payment due to the City.
Commissioner Plummer: Yeah, but that payment, sir, is dependent upon all of the activities, not
just the non -port activities.
Mr. Lawry: The two million dollar a year payment is a guaranteed minimum payment dependent
upon nothing.
Commissioner Plummer: Minimum, annual guarantee is correct. But the 20 percent of the net is
where I'm in concern.
Mr. Lawry: That's correct. That's correct.
188 April 14, 1994
Commissioner Plummer: Because we know that we are going to get six million dollars - or at
least that's what we are hoping to get - the six million down -stroke the day we sign, they'll have
three free years, or two million, from that down -stroke...
Mr. Lawry: Uh-huh.
Commissioner Plummer: ...which is... call it whatever. It's not a down -stroke. And from that
point, my area of concern is our having no control over what is net. OK?
Mr. Lawry: The definition of net is going to be determined in the interlocal agreement. That's
subject to negotiations.
Commissioner Plummer: Well, you see, I would feel much more comfortable if I saw the
interlocal agreement.
Mr. Lawry: Of course.
Commissioner Plummer: But I don't know what it is.
Mr. Lawry: We can't enter into it right now.
Commissioner Plummer: I understand that.
Mr. Lawry: That's the reason for the pre -development agreement.
Mayor Clark: Let's... One at a time. Ask some questions, let's get an answer, so that I can have
some input.
Commissioner Plummer: My other question, sir, relates to the entertainment or non -port
activities. At first, it was told to me that they would be in phase one, then it was said to me, at
the meeting the other day when we met with Arthur Teele, that they would be in phase two.
Then Carmen came back and said, "No, they'll be in phase one, and two." Now, is there a
definition there, or do we know - since our income is primarily derived, greatly, from the
entertainment facilities - where is the entertainment? Is that in phase one...
Mr. Lawry: Would you like me to respond?
Commissioner Plummer: ...or, I don't know, whoever can answer it.
Mr. Lawry: OK. Yeah. The correct answer is that, in fact, there are public amenities in both
phases. Phase one consists of the development of the FEC (Florida East Coast) tract using the
proceeds of a one hundred and twenty-four million dollar commitment made by the County, by
Dade County, to this project.
Commissioner Plummer: Only for phase one?
Mr. Lawry: For phase one.
Commissioner Plummer: How much in phase two?
Mr. Lawry: Phase two is going to be on a sliding scale. We backed out the figure that's
attributable to the public amenities in phase one which is about 55 million dollars. And the
phase two obligation of the County will be that number increased by a CPI (Consumer Price
189 April 14, 1994
Index) adjustment from the entry of the interlocal agreement. So, it ought to be something in
excess of that. But phase one calls for a public amenity facility of approximately two hundred
and twenty to two hundred and fifty thousand square feet that will include the entertainment,
cultural, and historical, botanical park facilities.
Commissioner Plummer: Why was a proposed bridge from this facility over to a profit making
company called Bayside, at a total cost of 12 million, dollars put into this package? Why
wouldn't the private company pay for that which benefits them?
Mr. Lawry: Again...
Commissioner Plummer: Whoever can answer it. I don't know, who made these decision?
Mr. Lawry: Sure. The connector is a truly critical component of this project. And - I hate
sounding like a consultant, but I have to - you have to look at, or the way that we look at this
entire project is that we are creating a three-legged stool, the three legs of that stool are the port
facility, Bayside, and the public amenity that's going to be created on the FEC tract. The idea is
to create a project that sweeps all three of those together to the benefit of all three. When you
look at Bayside, there is a market there of somewhere between six and eight million people a
year. The bridge is intended to bring them to our project. Not bring... not to work the other way
around completely. The important thing is to access that pool of people that exist there right
now, to bring them into the project. And this is something that a private developer, which is not
a part of our charge, is to identify the appropriate private developer for this, is going to look at,
and want to know that there is available funds for the creation of that bridge. The other point
about the bridge is that... in a way it's unfortunate that there are numbers attached to each of
those because the idea is that there is going to be an amount of money available for infrastructure
improvements to create this amenity. It may not be that 12 million dollars out of this funding
goes to that bridge. The idea is that we are then going to go out and search for private
developers and sources of private investment. And at that time there is going to absolutely be a
negotiation to find every possible source of funds. And if in fact we can access funds for the
bridge from the Rouse Company or Bayside, then we'll certainly try to do that.
Commissioner Plummer: Is it clearly spelled out in here, if ad -valorem taxation is attached, that
they have to pay it? Anywhere in the State of Florida today in which City property is used by a
profit -making company, ad -valorem taxes are assessed and they are at Bayside.
Mr. Lawry: That's an item that we'll address in the interlocal agreement.
Commissioner Plummer: All right.
Mr. Lawry: The idea here, again, as Commissioner De Yurre has said, is to spell out the general
outlines of the understanding between the City and the County. All of these will be addressed
within the interlocal agreement which is the form of a partnership agreement. And it's this kind
of detail - I'm sorry - that precluded us from being able to come up with that kind of agreement
at this time.
Commissioner Plummer: Explain to me the relationship of the Grand Prix and their negotiation
with the Grand Prix. I read that they have to assume any and all obligations of the City. Do they
have to have that agreement intact prior to the interlocal agreement?
Mr. Lawry: That's part of this pre -development agreement. It's their agreement to accept the
assignment of that agreement. In other words, when the interlocal...
Commissioner Plummer: But...
190 April 14, 1994
Mr. Lawry: ...is entered into, the County will then have the obligation for the Grand Prix lease.
Commissioner Plummer: They'll have...
Mayor Clark: Does the two million dollars come before the interlocal agreement?
Mr. Lawry: No, that's upon the entry into the interlocal agreement.
Mayor Clark: All right.
Commissioner Plummer: But, in other words, what you are saying to me is that any obligation
the City has will be transferred over to the County in relation to the Grand Prix.
Mr. Lawry: That's correct, upon the execution of the interlocal agreement.
Commissioner Plummer: All right. Now, also in the Bicentennial area, they will have to assume
the full maintenance of that park.
Mr. Lawry: That is correct.
Commissioner Plummer: At their expense.
Mr. Lawry: Correct.
Commissioner Plummer: OK. Now, is the sole right to use that park for entertainment the
City's? Or do they have a right at all?
Mr. Lawry: The City has the right to use the Bicentennial Park for any use that they like
provided that it doesn't infringe upon the area we've identified for future expansion of port
facilities. If, in fact, a developer were to come in, in two years, for example, with a terrific idea
for a project to be placed there, the City has the right to enter into an agreement for the use of the
Bicentennial property for that purpose, provided that the strip along where there's going to be the
berths of the port facility are not infringed upon.
Commissioner Plummer: OK. My final question at this point. Why did they use the most
beautiful property in the world to put a parking lot? Why didn't that parking lot go across the
street, leaving an open area, or, in fact, for future port expansion? I just... I can't understand...
Mayor Clark: Let's find out.
Commissioner Plummer: OK. Why?
Mr. Lawry: The parking facility is going to be under grade level, and in fact there is going to be
a landscaped park on top of that, so you won't actually see that facility.
Commissioner Plummer: Did I not read in the Herald, which I don't necessarily agree with, that
it was 40 foot high above ground level?
Mr. Lawry: It's not 40 feet above ground level. It's 40 feet above... Jack knows this far better
than I so...
Mr. Jack Luft: The garage is only three levels, and those are ten foot levels. OK.
191 April 14, 1994
Commissioner Plummer: Will there be grass area on the top?
Mr. Luft: Yes, there will. You will not see the garage, it will all be park and open space. And
in fact, by bringing the park over the garage, you are bringing people to the level at which they
will see out and...
Commissioner Plummer: Can the top of the garage be used for recreational area?
Mr. Luft: ...with the views of the bay. Pardon?
Commissioner Plummer: Can the top of the garage be used for recreational area?
Mr. Luft: Surely.
Mayor Clark: It's a grass area.
Mr. Luft: That will be a requirement in the agreement.
Commissioner Plummer: OK.
Mr. Luft: That must be developed as park and recreational use.
Commissioner Plummer: Explain to me what happens with the pumping station.
Mr. Luft: The pumping station remains there. Hopefully, we can landscape it, and hide it as best
as possible.
Commissioner Plummer: OK.
Mr. Luft: That's Bicentennial.
Commissioner Plummer: But if it's to be moved, it's at their expense?
Mr. Luft: Absolutely.
Commissioner Plummer: OK. Now, the only question is did you - it's not written into this
document because we didn't have - is there a part of a motion that will be made here today that
was the agreement of Commissioner Teele and of all of us, and the others that met...
Mayor Clark: Subject to.
Commissioner Plummer: ...that subject to any proposal we send to them they must immediately
execute a quit claim deed or whatever action we take today is null and void. Is that how we do
that because they've agreed to it...
Commissioner De Yurre: J.L.
Commissioner Plummer: Yeah.
Commissioner De Yurre: What we are going to do is, and that's part... in fact, I gave you a copy
of the resolution. It's not going to be them quitclaiming back to us, it's going to be them
correcting. We are going to have a correcting a scrivener's error that dates back 20 years to
eliminate that problem. And whatever we approve here, today, is subject on them accepting to
do this along with us. And I think it's before you. It's a resolution that I'll read right after we
approve this.
192 April 14, 1994
Mayor Clark: We passed that out. Yeah, here it is, J.L.
Commissioner Plummer: All right. Well, basically, this does the same thing.
Commissioner De Yurre: It's the same thing.
Commissioner Plummer: It's the same results.
Commissioner De Yurre: The same thing. What you worked out with Art the other day.
Commissioner Plummer: OK. All right, so then let me ask you this. How long is it, in your
opinion, before the interlocal agreement will come back? I guess my real question is, on a pre -
development order, what vested right does it give them, how long before an interlocal agreement
will be coming back, and what is the time frame? Because they were talking about the 19th of
April. They were talking about other things. Do you have any idea?
Mr. Lawry: It gives them no vested rights at this time. The outside date for the completion of
the inter... the execution of the interlocal agreement is November 30, 1994. Between the
execution of this agreement as approved by both Commissions, will then have that period until
November 30th to approve the interlocal agreement.
Commissioner Plummer: And it is my understanding...
Mr. Lawry: And get the funding in place, also.
Commissioner Plummer: ... that they will proffer to us the interlocal, or we will proffer to them?
Mr. Lawry: We'll work on it in joint with the County.
Commissioner Plummer: All right. All right, so in other words, we still have another bite at the
apple?
Mr. Lawry: Absolutely.
Commissioner Plummer: To vote on the interlocal, to keep this project alive or dead?
Mr. Lawry: Absolutely.
Commissioner Plummer: OK. And I would suggest, Mr. Manager, that when you are working
on this interlocal, that if you are going to use consultants, that they consult with each
Commissioner to get their input so we'll know exactly what's going on, why, and how. Thank
you.
Mayor Clark: Very good. All right. Gentlemen, I see you want to say something.
Mr. Alvino Monk: Yes, sir. Thank you, Mr. Mayor. Good afternoon, Mr. Mayor, City
Commissioners. My name is Alvino Monk, I'm the president of the Greater Miami Black
Resource Guide, and our address is 130 N.E. 40th Street, in the heart of the Miami Arts and
Design District. For the record, I support this project. I think the port has to expand. It's very
important to us in terms of international trade. But the premises I would like to discuss right
now is this agreement and how it affects minority businesses. And I know that we've learned
our lessons from Bayside, and from the Performing Arts Trust, that if we are to be included in
this process, we must participate. There is an item in here, an area that says "Public Museums
193 April 14, 1994
for thirty million dollars," and I'd like to bring your attention to article three of this agreement,
section... article three, section three, that actually deals with specialty attractions. And it appears
to me that these specialty attractions were primarily focused on Caribbean and Latin culture
which will, for the most part, benefit minorities. My concern is that we are involved in this
process so that we get the benefit on both sides, not only from a cultural perspective - the tourist
who actually benefit from that - but from a business perspective. For instance...
Commissioner De Yurre: Let me say... If I may just interject here a second. That will all be
part of the interlocal agreement that we will spell out. Minority participation, and everything
else that we believe in, and we adhere to as a philosophy...
Mayor Clark: The County adheres to it also.
Mr. Monk: OK. Well, what I'd like to specifically see in terms of this Discovery Center of the
Americas, where we have museums, and branch museums, I'd like to say that there are other art
galleries and museums. We've got over 24 art galleries in the Design District, and over 80
showrooms, so there should be some linkages there. We've got museums as well. The cinema
that says there will be attractions produced - Caribbean and Latin American cultural themed
attractions - I want to make sure that when you say "Caribbean" that there is an understanding
that "African -Americans" should be included. The Caribbean culture is, and the African -
American culture is, two different cultures. And throughout this, we see Caribbean and Latin. I
don't see African -Americans in this.
Mayor Clark: All right, that's...
Mr. Monk: So, that's just a specific change that I would like to see...
Mayor Clark: All right.
Mr. Monk: ...on behalf of the Black community and the Black businesses. And in addition to
that, I would like to see where there is this specialty retail including museums, shops, and
Caribbean and Latin American arts and crafts, created and sold. I would like to see linkages to
the Design District, to Little Haiti, to Overtown, to Wynwood where businesses already exist
that are already doing these things, and that there be some provisions made to include them in
this specialty retail area that with these museums and shops. And also from an entertainment
perspective, it's not only important that we are represented - and it says here that the
entertainment will be Caribbean and Latin music - we need to ensure that local artists will be
given preference, and we also need to ensure that... well, you have Caribbean, we put in there
African -American entertainment. I just see that missing when I see the Caribbean and the Latin,
that the African -American component is not there, and also see that we have a lot of cultural
things that are already going on in the City of Miami. And they should be included in this
process.
Commissioner De Yurre: OK.
Mayor Clark: You are on the record for that, totally, thank you, sir.
Mr. Monk: Thank you.
Mayor Clark: Yes, Mr...
Mr. Manuel Gonzalez-Goenaga: Yes, my name is Manuel Gonzalez.
Commissioner Plummer: Here we go.
194 April 14, 1994
Mr. Gonzalez-Goenaga: Unfortunately, Honorable Commissioners, I am without any papers
whatsoever. Yet - and I hope that Mr. Art Teele hears me - I have the greatest respect, just like
his name says, "Art." He's very artful, he's very shrewd, and Mr. De Yurre, with all due respect
for you, he is much more shrewd than you in dealing with the contract. Besides that, Dade
County is the Goliath. And we are the Davids. But you are no "David", Mr. De Yurre. So, I
recommend that ten eyes with their good assistance know much more, and we need that kind of
input from all of you, Commissioners...
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: ...because Mr. Teele is extremely shrewd.
Mayor Clark: All right. Thank you. We'll add your eyes to that too. All right...
Commissioner De Yurre: That's why I got some help from J.L.
Mayor Clark: Yes. Yes, sir, Mr. Paul.
Mr. Dan Paul: My name is Dan Paul. Mr. Mayor and members of the Commission, I presume
I'm operating off the appropriate draft unless there has been one that's come out. I've read about
four drafts now. The one I'm operating off of is the one that I was told was in the agenda
package. So, I assume that's the one that you are working on now. A couple of points that I
want to make in reference to the agreement, because I think the City is giving this property
away. In addition to the financial matters raised by Commissioner Plummer, you keep looking
at two million dollars, but there is no cost of living increase for the two million dollars. What do
you think that's worth on an agreement that runs almost 80 years? Each year it will be worth
less and less and less. So, 20, 30, 40 years from now, I think your successors will say you made
a terrible deal from the point of view of the value of that particular property.
Mayor Clark: Like Manhattan Island, right?
Mr. Paul: Well, worse than Manhattan Island, I would say. Secondly, this agreement obligates
the City to pay off the bond issue, if it's necessary, to give it clear title. That's some six million
seven hundred thousand dollars. That's in the agreement, that the City of Miami will pay off the
bond issue if the title is not clear, at least in the copy I have. If that's the case...
Mayor Clark: Let's get a response.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Clark: What is that?
Commissioner De Yurre: No, we have... City Attorney.
Ms. Julie Bru (Assistant City Attorney): That's incorrect. We have a specific clause in the pre -
development agreement that deals with the bond issuance. And I think you are referring
probably to the clause that deals with the title, that the City has to provide evidence of clear title.
Mr. Paul: Yes.
Ms. Bru: OK. And there is a phrase in there that the City will employ due diligence in making
sure that we remove any use restrictions. Is that what you are?
195 April 14, 1994
Mr. Paul: There is also a clause in reference to, including paying off the six million seven
hundred thousand dollar bond issue.
Mr. Bru: What we have agreed to is that we are going to - in the event that we are required to
pay off those outstanding bonds in order to proceed with the development - we have agreed to
negotiate with the County as to how that is going to be paid.
Mr. Paul: It says in my copy that the party shall, prior to the execution of the interlocal,
negotiate in good faith to provide for the satisfaction of the debt. So the City has an obligation
there, right?
Ms. Bru: To negotiate in good faith, to provide for the parties, not the City.
Commissioner Plummer: Well, let me tell you in good faith for one, don't come back and expect
me to pay it.
Mayor Clark: All right, now. Let's carry this on with a little decorum, now. All right.
Anything further?
Mr. Paul: Thirdly, the County, in my opinion, is not going to be able to convey good title to you.
And I ask that you pass this out. This was the notice that has been served on the County in
reference to reconveying the property, or correcting the deed error. And I refer to the parks
preservation amendment because on the date that amendment was passed, the title to this
property was in Dade County. The amendment prohibits Dade County from conveying property
for non -park purposes. So I think you will have a cloud on the title, and the City has the
obligation to clear that cloud up, that happens to be on the title. So I think you are letting
yourself in for something that you don't realize. Let me just close by saying that I think there is
something really much more basic at stake. You gentlemen all operate under a fiduciary
relationship with the citizens of Miami. And two of you, Mayor Clark and Commissioner
Plummer, were here when the 39 million dollar Parks For People bond issue was proposed and
was passed. And you may remember the big billboard that appeared over the warehouses on this
very property, which was the port, which said "End this eyesore, create a park here." I climbed
with Athalie Range, as a matter of fact, as the co-chairman of that bond issue, up on the
scaffolding to have a photograph taken by that billboard. And I think Commissioner Plummer
was with us on that particular scaffolding. And here you are, after the taxpayers of the City of
Miami...
Commissioner Plummer: I was there.
Mr. Paul: ..have used their hard earned money to acquire this land and develop this park, to now
want to turn it back to exactly what you told the citizens you were not going to do. Have you no
conscience? Have you no shame that you can even suggest that this land now be used for this
particular purpose? And if you think that a park, 30 feet, 40 feet in the air, a concrete structure,
is a park, then maybe you climb a tree to catch a fish. But it is not a park in any sense of the
term. You are going to have a concrete canyon along Biscayne Boulevard which will block the
public's view of the bay. The public will not... at the waterside, it will be some 30 to 40 feet
high, and then another 165 feet because that's the height of what the cruise ships are when they
are docked there. So when you drive down Biscayne Boulevard, you will have 165 foot wall,
walling you off from the bay on the weekends, if you want to see it. Have you seen the model?
How in the world can you proceed when you haven't even seen a model of what this final thing
is going to look like? And, as Commissioner Plummer said, can you think of anything more
foolish than to use expensive land that the taxpayers have paid for for parking on the bay? If the
project...
196 April 14, 1994
Mayor Clark: I'm glad...
Mr. Paul: ...can be redesigned, and done at ground levels, and the parking placed on the other
side of the street, it might make some sense for the weekend use of these ships. But this project
has grown from what was to be a casual use, as I understood it, of deep water slips, to now, 12
cruise ships that are going to be berthed in this particular location.
Mayor Clark: Four.
Mr. Paul: No.
Mayor Clark: You said 12.
Mr. Paul: No, 12 because there will be three each day.,. four each day, as I understand it, Friday,
Saturday, and Sunday. And Carmen says that, that will mean there will be 12 cruise ships
berthed in this particular area.
Mayor Clark: At one time, say four, OK.
Mr. Paul: No.
Mayor Clark: At one time.
Mr. Paul: At one time. But, Mayor, those ships have to be serviced, and all of the service
facilities for each of those vessels are going to have to be stored and kept there...
Mayor Clark: Well, we have 27...
Mr. Paul: ...all the time.
Mayor Clark: ...Dan, we have 27 ships now. Do we service 27 ships at the same time now?
Mr. Paul: No, but the servicing facilities are there for them. And the storage has to be provided
for them.
Mayor Clark: I understand. OK. All right, very good.
Mr. Paul: You can't just all of a sudden clean it out as if it's a one-night show, and the scenery
and the setting changes, all of the stuff that each of the ships needs has got to be stored there.
Mayor Clark: All right,
Mr. Paul: I urge you to seriously consider your fiduciary relation with the citizens of Miami, and
not to steal this park from them, that they have used their hard earned tax dollars to pay for.
And, particularly, that you are giving away... if you want to really analyze the price. All I can
say for the negotiation of the price that you are getting is, that the people who negotiated
charitably, I can say, were operating on the doctrine of the white heart and the empty head. Two
million dollars without any kind of cost of living, or increase, just think what that will be worth.
And I strongly urge you to give some serious thought before you proceed with this matter.
Mayor Clark: Thank you, sir.
Mr. Paul: Because I think that you are letting yourself into quite a lot of...
197 April 14, 1994
Mayor Clark: Thank you. All right, yes, sir.
Commissioner Plummer: Is there still a provision, Jack, in there, for the visiting Navy ships?
Mr. Luft: Yes, sir.
Commissioner Plummer: OK. Because that's a money-maker.
Mayor Clark: Yes, sir. Your name for the record.
Mr. Andrew Hague: My name is Andrew Hague, and I live at 1635 S. Bayshore Drive, in the
City of Miami. I have not seen a model of the proposed project. However, from what I've read
about it and been told about it, I am in favor of the project because I think it will bring new
development to the downtown area, north of Bayside. And will sort of tie in that area that right
now is not being used for any purpose, gainful purpose, at this time.
Mayor Clark: Specially on the west side.
Mr. Hague: Especially on the west side. And also right now, the argument as far as not being
able to see the bay, once this project is completed...
Mayor Clark: You can't see it now.
Mr. Hague: ...you can't see the project. You can't see the bay now from that area, and if it goes
as planned with the park on the top side, it will be a beautiful area that will really make... it will
be a centerpiece for downtown, and create a lot of employment, and a lot of... It will keep
Miami in the forefront of the cruise industry. As the cruise industry grows, Miami has not been
keeping pace with the development of the cruise industry. And we are going to lose our place as
the number one cruise port in the world unless we take on a development such as this that we can
plan ahead for, and make it the true centerpiece that it could be to really beautify the area which
right now is sort of a blight in the area north of Bayside. So I'm in support go the project.
Mayor Clark: Thank you very much. We have a resolution, here, with attachment, requesting
that the City execute corrective quit -claim deed through Metropolitan Dade County in order to
correct the scrivener's error in the original quit -claim deed. Is that right, Mr. De Yurre?
Commissioner De Yurre: Yes.
Mayor Clark: I think we...
Commissioner De Yurre: Yes, Mr. Mayor, in fact, I'll read it into the record right now. "A
resolution, with attachment, rescinding resolution numbers 93-628, adopted October 14th, 1993,
and 94-159, adopted March 24th, 1994 in their entirety, and authorizing the City Manager to
execute a corrective quit claim deed to Metropolitan Dade County in order to correct scrivener's
errors in the original quit -claim deed dated May 27, 1975." I move that this be adopted today
and it be made a part of the condition of the pre -agreement with the County that they do accept it
as such.
Commissioner Plummer: I'll second the motion for discussion. Under discussion, and I just
want to make sure that if they don't accept this, then everything we've done here today is null
and void.
Commissioner De Yurre: It is a condition.
198 April 14, 1994
f 4 1
Commissioner Plummer: Thank you, sir.
Mayor Clark: And that a copy of this be delivered immediately to the County Commission.
Commissioner De Yurre: Immediately.
Mayor Clark: All right. If there is no further discussion? Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-260
A RESOLUTION, WITH ATTACHMENT, RESCINDING RESOLUTION NOS.
93-628, ADOPTED OCTOBER 14, 1993 AND 94-159, ADOPTED MARCH 24,
1994, IN THEIR ENTIRETY AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CORRECTIVE QUIT -CLAIM DEED TO METROPOLITAN DADE
COUNTY, IN ORDER TO CORRECT SCRIVENER'S ERRORS IN THE
ORIGINAL QUIT -CLAIM DEED DATED MAY 27, 1975.
(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.
Mayor Clark: Now, on the...
Commissioner Gort: That's it.
Mayor Clark: Anything else.
Commissioner Plummer: Where are we?
Ms. Bru: Excuse me, Commissioners, Mayor. Did you actually vote also on the resolution
authorizing the execution of the pre -development? I think you just took a vote on the execution
of the corrective quit -claim deed.
Commissioner De Yurre: That we voted on both, or we just need to take...
Vice Mayor Dawkins: I voted on one.
Commissioner De Yurre: Which one did you vote on?
199 April 14, 1994
Vice Mayor Dawkins: The scrivener's error.
Commissioner De Yurre: The scrivener's. OK. Now, I move that...
Mayor Clark: Resolution, with attachment.
Commissioner De Yurre: ... a resolution adopting the pre -agreement.
Mayor Clark: Pre -development agreement.
Commissioner De Yurre: Pre -development agreement.
Mayor Clark: Metropolitan Dade County in substantially the attached form providing the
development of the waterfront properties known as FEC Property and the Bicentennial Park
Property for purposes of the expansion of the existing Port of Miami, and the creation of park
facilities, special attractions, a public garden facility, and a connector bridge to Bayside. Do you
offer that, Mr. De Yurre?
Commissioner De Yurre: I do.
Mayor Clark: Is there a second?
Commissioner Gort: Second, for discussion. That interlocal agreement will have to come in
front of us.
Mayor Clark: Absolutely.
Commissioner Gort: We'll have input into it.
Commissioner De Yurre: And now that we have more time because this was more or less in a
heated rush that we had to get this going, we'll have more time, ample time, to get feedback
from everyone to put this together in a more fashionable way.
Commissioner Plummer: Well, just understand, don't expect to bring me to the City
Commission table a document which I can't argue, vote on, change, modify, or cancel.
Mayor Clark: It's going to come back that way. You've made that crystal clear.
Commissioner Plummer: Thank you, sir.
Mayor Clark: Call the roll, Madam.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
200 April 14, 1994
RESOLUTION NO. 94-261
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PRE -DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI AND METROPOLITAN-DADE COUNTY, IN
SUBSTANTIALLY THE ATTACHED FORM, PROVIDING FOR THE
DEVELOPMENT OF THE WATERFRONT PROPERTIES KNOWN AS THE
FEC PROPERTY AND THE BICENTENNIAL PARK PROPERTY FOR
PURPOSES OF THE EXPANSION OF THE EXISTING PORT OF MIAMI AND
THE CREATION OF PARK FACILITIES, SPECIAL ATTRACTIONS, A PUBLIC
GARDEN FACILITY AND A CONNECTOR BRIDGE TO BAYSIDE.
(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: Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Let's deliver this to the County Commission as soon as possible, Mr. Manager.
Mr. Odio: Yes, sir.
-------------------------------------------------------------------------------------------------------------------
25. EXECUTE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
MRA INTERNATIONAL, INC. -- INCREASE MAXIMUM AMOUNT OF
COMPENSATION TO $100,000.
Mayor Clark: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir. Mr. Mayor, item 7-D is important to go ahead and
develop the interlocal, since it's the extension of the contract with MRA, the consulting firm, so
that they help us, guide us, through this important document.
Mayor Clark: Seven-B?
Mr. Odio: Seven-D.
Mr. Manuel Gonzalez-Goenaga: D.
201 April 14, 1994
Commissioner Gort: It has to be part of the...
Commissioner Plummer: Well, they are going to reimburse us, right?
Mr. Odio: If the project doesn't go through, that is something that we will negotiate in the
interlocal, that if the project does not go through...
Mayor Clark: You need a motion on what, now?
Mr. Odio: Seven-D.
Mayor Clark: Seven-D.
Vice Mayor Dawkins: Why?
Mr. Gonzalez-Goenaga: Public hearing.
Vice Mayor Dawkins: Why do you want to increase that? I mean, all the negotiations are over,
all you have to wait on is the interlocal., Now, what else... why do you need them again, now?
Mr. Odio: I believe that we need them to help us develop that interlocal.
Vice Mayor Dawkins: They already helped you give away the City, what else do they have to
help you do? No, Mr. Mayor, no, wait. I have to see. I'll let... have your own say, go ahead.
Mayor Clark: All right, fine, fine. You do what you...
Mr. Odio: I believe it's important that we continue their services. Their contribution to this
project is incredible, and I think it's one of the best consultants I have ever dealt with.
Commissioner Plummer: Can I ask a question?
Vice Mayor Dawkins: OK, go ahead. Wait a minute.
Commissioner Plummer: What have we paid them so far?
Mr. Odio: I don't know.
Commissioner Plummer: How much have we payed them so far?
Mr. Jack Luft: Fifty thousand.
Commissioner Plummer: Fifty thousand. Did you go through a bidding process?
Mr. Luft: No, sir.
Commissioner Plummer: My question is that you know they might be the best in the world, but
why do you get a company out of Philadelphia?
Mr. Luft: Will, we...
Commissioner Plummer: Are there no smart people in Dade County?
202 April 14, 1994
Mr. Odio: They were the best company, the only company, that we felt had the experience in
projects of this magnitude, to make sure that this contract was the best.
Commissioner Plummer: Mr. Manager, let me tell you something, sir. Don't tell me that we
don't have good people in this community.
Mr. Odio: I didn't say that.
Commissioner Plummer: OK.
Mr. Odio: I said that we didn't have a company with the experience of developing a project of
this magnitude in this community.
Mayor Clark: Let's see the vote on it, or not, we go on.
Commissioner De Yurre: So moved.
Mr. Gonzalez-Goenaga: Public hearing.
Mayor Clark: Yes, sir, what do you have to say?
Mr. Gonzalez-Goenaga: Well, I have to say very little because I am not been kept, as a citizen,
fully aware of what is going on. I am just...
Mayor Clark: You read the paper?
Mr. Gonzalez-Goenaga: Uh?
Mayor Clark: You read the paper?
Mr. Gonzalez-Goenaga: Once in a while.
Mayor Clark: Well, then you are missing...
Mr. Gonzalez-Goenaga: Sometimes I have to ask permission to Mr. Mas Canosa.
Mayor Clark: ...the boat, then. You are missing the boat. Make your point.
Mr. Gonzalez-Goenaga: My point is, what I'm going to enlarge what Mr. Plummer said.
Mayor Clark: Oh, you are picking up on Plummer, now. Now, you are on his side.
Mr. Gonzalez-Goenaga: No, no, no. I'm going to elevate him.
Mayor Clark: All right. Watch out.
Mr. Gonzalez-Goenaga: Well, with all due respect to the consultants...
Mayor Clark: He's the only guy that lets you down easy.
Mr. Gonzalez-Goenaga: I thought so. With due respect to Philadelphia, we are not in
Philadelphia.
Mayor Clark: All right.
203 April 14, 1994
Mr. Gonzalez-Goenaga: We are in Miami which is a totally different volcano. And I have great
respect for Pennsylvania. My daughter studied there - one of them - yet, this is a totally different
ball game, and I have with Dade County, they are too, especially that Art, he's very artful.
Mayor Clark: Very good. All right, thank you for your comment. Motion on this item? Moved
and second?
Commissioner De Yurre: Moved.
Commissioner Plummer: I have one other question. Why, if it's $50,000 in the original, why is
it $100,000? They've done all the work now.
Mr. Odio: On the interlocal agreement is the most complicated and longest document you will
be receiving. It is not a five page document. Believe me.
Mayor Clark: All right.
Commissioner De Yurre: And it's not to exceed anyway.
Mayor Clark: You got a second, Willy, on that?
Commissioner Gort: Yes, I'll second it. The reason I'll second it is these individuals are already
working. I agree with that. I think anything we have, something in the City, we should bid for
it, and select who is best, and with the best price, and the best qualifiable, also. But since we
have these people aboard and they have done the pre -study, I think we should continue.
Mayor Clark: All right.
Commissioner Gort: The interlocal agreement is the most important document. Now, that's the
one that we have to make sure that everything that we want...
Mayor Clark: Is there...
Commissioner Gort: ...is incorporated into that agreement.
Mayor Clark: Call the roll, Madam Clerk.
204 April 14, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.94-262
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
THE PROFESSIONAL SERVICES AGREEMENT WITH MRA
INTERNATIONAL, INC., INCREASING THE MAXIMUM AMOUNT OF THE
COMPENSATION TO AN AMOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000.00); ALLOCATING FUNDS THEREFOR
FROM SPECIAL PROGRAMS AND ACCOUNTS.
(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 Plummer: It pains me, but I have to agree that in fact, yes, I've got to vote for
them. But let me tell you something, I'm damn unhappy that we don't have somebody local.
It's all right, we'll get our next manager from out of Dade County.
Mayor Clark: No, he's got to be a resident.
Commissioner Plummer: Of where?
Mayor Clark: Bukadamanga.
-------------------------------------------------------------------------------------------------------------------
26. DISCUSSION CONCERNING VIZCATRAN LTD.'S OFFER TO SELL THE
VIZCATRAN PARCEL TO THE CITY.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now we are going to take another item at 5:50. What's that item - 8-C?
Mr. Cesar Odio (City Manager): Vizcatran.
Mayor Clark: Vizcatran. That's 8-C?
Commissioner Plummer: I thought we were on 22.
205 April 14, 1994
Mayor Clark: Eight-B or 8-C or 7-D?
Mr.Odio: Twenty-three.
Mayor Clark: Twenty-two, we got it right on top. OK. Mr. De Yurre.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Now, listen now closely, folks. Don't attack us, please.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: I am of the belief that, in the best interests of the residents in the City
of Miami, particularly the Roads area...
Mayor Clark: Just wait.
Commissioner De Yurre: ...that we need to come to an agreement with the owners of the
property that we call Vizcatran to acquire that property. It's my understanding that, at this point
in time, they are demolishing the existing structures mainly because there's homeless living in
there that were a liability to the area, and to the owner. We have been talking, trying to reach an
agreement as to how we can make these payments. We know that they are asking for $1.6
million dollars of which we don't have $1.6 million dollars readily available to pay for this. And
I've been trying to work out some kind of structured plan to come to a form of payment for this
land. We have talked about going the normal route, J.L., of getting appraisals for the property.
But this is not a normal situation. We are looking at a situation wherein we are going to have to
pay more than what the land is worth if we want to buy this for the residents of the area. And if
we don't want to do that, then the residents are going to be stuck with whatever number of unit
building is going to go in that area. So it goes beyond the concept of arms -length purchasing and
selling. If we want to alleviate this concern of the neighbors, we are going to have to pay what
the seller is willing to sell for, and in this case, they want to get their cost out of the building, out
of the property. And it exceeds one point... it's about $1.6 million dollars. We can argue about
what the land is worth. A builder would say that where you can build 100 units in that area, that
the cost of the unit would be $10,000 per unit. We would be talking about a million dollars for
the land. We are in a position wherein right now, they owe $446,000 on a mortgage for the
$roperty. There is $50,000 available that we had spoken about that we would return. The
50,000 they had paid for their permits for construction, that's available. And there is
approximately $300,000 that's being held in escrow - it has been held in escrow for a number of
years - that could be given as part of the money. I don't know, legally, whether - and Mr. City
Attorney, you need to help us on this - whether we can assume that the existing mortgage of the
446, I believe it's Ocean Bank that has it?
A. Quinn Jones III, Esq. (City Attorney): No, under the Florida constitution, you'd be prohibited
from assuming the mortgage.
Commissioner Plummer: But, wait a minute. Don't we have to, somewhere along the line,
make up our mind whether we are going to buy it? I mean, I thought we had our opportunity to
take back this property at none of this kind of ridiculous numbers. And now we are talking
about a million seven, a million six, or more. I can't imagine, Victor, that appraisals would
come out anywhere near that for that property.
206 April 14, 1994
Commissioner De Yurre: Near what, the 1.6?
Commissioner Plummer: And... Yeah.
Commissioner De Yurre: No, they wouldn't.
Commissioner Plummer: See. I just...
Mr. Jones: Just to follow up to what you are saying, the mortgage can only be assumed if it went
to referendum and if it were approved by the voters.
Mayor Clark: You could do what, now?
Mr. Jones: The Commissioner asked me was it legally feasible to assume the mortgage? He
said they had an outstanding mortgage, or whatever, and he was asking whether it was
permissible to assume the mortgage. There is a Constitutional prohibition against an outright
assumption unless it goes to the voters for referendum, and they approve the assumption of that
mortgage.
Commissioner Plummer: If we bought that property, what would we use it for, Victor?
Commissioner De Yurre: Put a park there. You can put a NET (Neighborhood Enhancement
Team) office there.
Commissioner Plummer: It's...
Commissioner De Yurre: It's...
Commissioner Plummer: I don't know what happened. Somewhere along the line, as I
remember, when this matter was easily resolvable before, and it wasn't done at the time, we
talked about the possibility of a land swap. OK? And I tell you something, if we could find a
piece of property that was agreeable to the builder for a land swap, I would consider it. But I got
to tell you something. I don't think any way that I could come up with a million -six, or more,
for a piece of property that, in my estimation, is worth probably about $200,000, $300,000. 1
don't know what it's worth. All right?
Mayor Clark: Let's go back. Let's go back to the beginning of this thing.
Commissioner Plummer: Sure.
Mayor Clark: When did this all start?
Commissioner Plummer: Rosario...
Mayor Clark: 1985?
Vice Mayor Dawkins: 1981.
Commissioner Plummer: Yeah.
Mayor Clark: 1981. The property was zoned by this Commission?
Commissioner Plummer: Was what?
207 April 14, 1994
Mayor Clark: Was it rezoned by this Commission?
Commissioner Plummer: Yes.
Mayor Clark: OK, rezoned by...
Commissioner Plummer: Not this vote, but this Commission, yes.
Mayor Clark: OK, this Commission.
Commissioner Plummer: Yes.
Mayor Clark: All right.
Commissioner Plummer: And it was rezoned, Mr. Mayor, understandably so, with only the
closure of the streets would allow this piece of property to be used and utilized as it is presently
constituted.
Mayor Clark: All right. Now...
Commissioner Plummer: Without the closure of the streets, this property would have been of no
value to anybody. The builders couldn't build on it because there was no unity of title.
Mayor Clark: Well,, who closed the streets?
Commissioner Plummer: And once that was done, then this Commission did, in fact, rezone,
predicated on a pretense, at that time, that there was no parking needed for this facility, because
it was going to appeal to the yuppies who would walk out of their house, get on rapid transit, and
go to work downtown.
Mayor Clark: OK.
Commissioner Plummer: That was the initial premise.
Mayor Clark: Now, my first understanding of this, and I think Mr. Gort's also, is when the
Planning Advisory Board and the Planning Board requested a study, that somebody requested a
study, brought before us this study. Is that right, sir?
Unidentified Speaker: That's right.
Mayor Clark: That's right. Did Mr. Gort and myself at any time vote for or against zoning on
this issue? No, sir. Get the Planning and the Zoning... Where is Sergio? Did Mr. Gort or
myself ever vote on a change of zoning on this property? No, we did not. Now, wait a minute,
just wait a minute. You're getting a little hotheaded, and I can, too. I never voted on a change
of zoning. Am I right or wrong?
Mr. Sergio Rodriguez (Assistant City Manager): I don't believe you voted on a change of
zoning, and Mr. Gort, I don't know if you were here on the boards at the time.
Commissioner Plummer: It's the Zoning Board.
Mayor Clark: I was the Mayor here in 1969. I don't remember it then.
208 April 14, 1994
Mr. Rodriguez: Right. No, but I don't believe you voted, because you were in the... Anyhow,
you didn't recommend it. You didn't vote it finally, because you were not a member of the City
Commission at that time.
Mayor Clark: I never did, I know that.
Mr. Rodriguez: Yeah, right.
Mayor Clark: The only thing I voted on was against the planning study, right?
Mr. Rodriguez: Right.
Mayor Clark: Is that right or wrong?
Mr. Rodriguez: You voted in, recently, in December 16, you rejected the proposed down -zoning
for the property.
Mayor Clark: That's what I did, yes.
Commissioner Plummer: That's correct. Yes, that's a correct statement.
Mr. Rodriguez: Right, I believe you did.
Mayor Clark: Was it down -zoning?
Mr. Rodriguez: Was the down -zoning of the property.
Mayor Clark: OK.
Mr. Rodriguez: And that was as a result of a request from the City Commission that we
undertake a zoning study of the area, and that was done in September 27th, by motion number
93-604, to undertake a zoning study of the area.
Mayor Clark: That was a planning study that recommended down -zoning.
Mr. Rodriguez: Right.
Mayor Clark: We did not vote on zoning though.
Mr. Rodriguez: You didn't vote on zoning, right.
Mayor Clark: All right. We voted on a planning study that recommended zoning.
Mr. Rodriguez: Right.
Mayor Clark: I voted against that, you voted against that, and you voted against that, and Mr.
Gort and Mr. Plummer voted, but I never voted on zoning on that piece of property.
Mr. Rodriguez: Not that I'm aware of, sir, no.
Mayor Clark: OK. I got that straightened out. Now, do what you want to.
Commissioner Plummer: Have we got an appraisal on the property, or do you have any idea of
what it's worth? I mean, you know, we're talking here in circles. I notice that laugh when I said
209 April 14, 1994
$300,000, and that might be totally out of the picture. I have no idea what it's worth. Do you
know? Does anybody know?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Plummer, let me just premise before the
Administration responds. Apparently, there had already been a request for the appraisals on the
property. Under 119 of public records law, there is an exemption that we can exempt disclosure
of those appraisals until such time that the negotiations, or whatever, are to... I think it's 30 days
before contract is approved, whatever. Now, if you put on the record what the appraisals are,
then those documents are going to become a public record. That's up to you.
Commissioner Plummer: Well, excuse me. I would respect that, all right?
Commissioner De Yurre: I don't think it's really an issue.
Commissioner Plummer: As long as you don't ask me to vote tonight for a million -six, or any
figure, without my knowing an appraisal which I paid for, and knowing the remaining portion of
that. As an individual, can you give those results to me?
Mr. Jones: You would be privy to...
Commissioner Plummer: Without it being a public record?
Mr. Jones: Yeah. You would be privy to those documents, whereas the general public wouldn't.
Commissioner Plummer: OK. That's fine with me.
Mr. Jones: I'm just telling you that once you put them on the record, then, of course, it becomes
subject to disclosure.
Commissioner Plummer: OK. Well, excuse me. My colleague...
Mayor Clark: What's the matter with his mike? He's got... What happened there? It's trying to
walk... Yeah, that's it.
Mr. Jones: Everything has gone wrong today, so.
Commissioner Plummer: My colleague has put on the record, you know, that there were
numbers involved, and for that reason, you know, before we vote, I definitely have to see those
appraisals and get a general idea of where we are. And I'm not asking you to put it on the
record. OK? But I still remember, I still remember that when we left here, the talk was to try to
find a piece of property for a swap.
Mayor Clark: That's right. I remember that. I remember that.
Commissioner Plummer: OK?
Commissioner De Yurre: Ideally, one suggestion that I had was to turn over as part of the deal
that we're trying to structure, is to turn over our interest on the Melrose property, which is being
developed for affordable housing.
Commissioner Plummer: On 27th Avenue?
Commissioner De Yurre: On 27th Avenue.
210 April 14, 1994
Commissioner Plummer: That's already developed.
Commissioner De Yurre: Yeah, but we own a mortgage of about $750,000 there, which we may
never see, to begin with, because I don't think they can go ahead with the development if we
don't forgive it, which is an issue that may be coming up in the future to visit us.
Commissioner Plummer: Mr. Mayor, I'll tell you, this is on for discussion, and as far as I'm
concerned, I think we've got to have a lot more information. I think that this Commission has
got to be privy in private to the appraisals. I think we've got to be privy to what is the ideas of
the residents. We know what they want, but they've also got to be realizing that they're
taxpayers, and they're going to have to pay for this thing as well. You know, I think there's got
to be negotiations with the Administration. I think we've very, very... We're not anywhere, in
my estimation, we're not anywhere near a final decision here this evening. I personally would
not vote without going into some kind, I assume, executive session or whatever it would be, in
which my attorney would advise me to where we are and what we need to do. That's my
thoughts on the matter.
Commissioner De Yurre: I think, Mr. Mayor, that we need to get some input. First of all, are we
willing to pay 1.6? And I think that the numbers that I've seen, more or less, and we might as
well talk about it, is around $500,000 for the appraisals that I've seen done by the City. I've
seen appraisals done by the owner which are around $900,000, and...
Commissioner Plummer: Well, can I ask a question?
Commissioner De Yurre: Sure.
Commissioner Plummer: Do we have the record of what the present owner paid for it? I mean, I
assume that's public record.
Commissioner De Yurre: Yeah.
Mayor Clark: I think his attorney pressed that sometime back.
Mr. Joseph Portuondo: Do you want the owner to respond or the staff to respond?
Commissioner Plummer: Well, I want the honest truth.
Mr. Portuondo: Well, I'll give it to you. I have my cancelled checks, as a matter of fact. Ladies
and gentlemen, my name is Joseph Portuondo, and I'm an attorney with offices at 150 West
Flagler Street, Miami, Florida. I represent the owner of this property, which is Vizcatran,
Limited.
Commissioner Plummer: And you are a registered lobbyist.
Mr. Portuondo: Yes, I am. Essentially, what has transpired... Let me give you a little bit of
history on this business about the appraisal.
Commissioner Plummer: Can I get an answer to my question?
Mr. Portuondo: Yes. What specifically is your question?
Commissioner Plummer: My question, very simply, what did the present owner pay for the
property?
211 April 14, 1994
Mr. Portuondo: In 1981, the owner paid $431,256.78.
Commissioner Plummer: That was in '81.
Mr. Portuondo: Yes.
Commissioner Plummer: OK. Has he been the owner since '81?
Mr. Portuondo: It's a limited partnership, yes. It has been the owner.
Commissioner Plummer: OK. I thought the Catholic Church owned it for a period of time.
Mr. Portuondo: No. They were going to do a project there that did not come to fruition.
Commissioner Plummer: OK. But he paid 480 at that time?
Mr. Portuondo: $431,256.78.
Commissioner Plummer: Thank you, sir.
Mr. Jones: Let me just also advise you that, so that you'll know this, and keep this in mind. If
you pay, if the decision of this Commission is to pay anything over a million dollars, it will
require a 4/5ths vote, so three votes won't seal the deal. It will need 4/5ths vote.
Commissioner De Yurre: Why the million dollars?
j Commissioner Plummer: Well, we have...
Mr. Jones: Because when... Because you... There's a specific provision under 166, purchase of
real estate by municipalities.
Commissioner Plummer: Damn, I never heard that before.
Mr. Jones: And it has specific provisions that speak to the fact that if the appraised value is a
certain amount, then only one appraisal is required. If it's over another amount, then two, and
certainly, if the value - I'm sorry, not the value - but if the price of the property you're going to
purchase is above $1,000,000, it requires a 4/5ths vote.
Commissioner De Yurre: OK. And the bottom line, just for all of our edification, the appraisals
that I've seen are those figures that I've mentioned, around five and about nine. They have cost,
and I have seen the stack of bills and charges related to the property, that exceed 1.6. The thing
is, you know, where do we stand? Are we willing to pay a premium to give something to the
residents of that area, or are we not? And I think that's basically what we need to decide on
today.
Commissioner Plummer: Well, as to where I'm at, I'll tell you. You know, as far as I'm
concerned, if you don't go with the State statute relating to friendly taking, which is two
appraisals and the median of that, plus ten percent, then anything, as they say, over the million
dollars, as far as I'm concerned, let's go to a referendum and let the public decide, because it's
the public's money that's being spent.
Commissioner De Yurre: OK.
Mr. Portuondo: Just as a way of background, let me give some details. Essentially, I have never
seen the appraisals that the City has done. I understand...
212 April 14, 1994
4
Commissioner Plummer: Don't feel bad, neither have I.
Mr. Portuondo: I've asked for them. I gave them mine, they didn't give me theirs. I was told
that it was about $500,000. That's interesting to note, because Ocean Bank, who is a very
credible lending institution in this town, got their own appraisal back in, five years ago on this
property, and we can all assume it's gone up. It was $840,000, according to their appraisal. Five
years ago, as of November 22, 1989, Ocean Bank appraised it at $840,000. OK? Another thing
is about a year later, we were going to do a project there, and under the various agreements,
Vizcatran, Limited, my client, was going to receive $1,198,000. They were going to get
$325,000 from the escrow, and they were going to get $873,000 from CODEC, all sponsored by
HUD (Housing and Urban Development), which has very tight regulations, and knows what
prices of properties are. Now, I have to really question, the fact that we bought this property 14
years ago for $431,000, the fact that it was appraised by someone else other than us, a bank, and
bank appraisals, we all know, are extremely low, because they're very conservative. For
$840,000 five years ago, the fact that we had a binding contract with a nonprofit organization
approved by HUD where we were going to get $1,198,000, basically a million point two, I really
have to question how you people come up with $500,000, I've never seen the appraisals. Let
me remind the Commission one thing. You know, we were asked to come here on January 13th.
We didn't invite the Commission to come to us and try to buy this land from us. We were asked
to come here on January 13th, and I was told, "Please give us an opportunity to buy this
property." We had pulled our permits. All right? I have cancelled checks exactly for the
amount of $1,600,970.58. The difference in what we're asking for and the cancelled check
amount are some invoices that haven't been paid, but we have those. There's nothing
mysterious here. There's nothing nefarious here. We have a man who's been in this... men who
have been in this project since 1981, were ready to start building after enormous amount of
expenditures, and we have cancelled checks for it. We didn't ask to sell the property. You came
to us. We have appraisals and signed contracts with nonprofits, regulated and reviewed by
Government agencies for a million -two four years ago, and then we get an appraisal from the
City... We had never got it. We were told it was $500,000. So I would really like to help the
Commission out. One way or the other, we want to have it resolved tonight. We're not going to
come back here again. We were asked to demolish those buildings. That cost us $5,000 per
building, which is not included in the price. My client paid another $10,000 to extend the Ocean
Bank loan, and that's not included in the price. It's just one thing after another. Every month,
we pay $3,800 on that mortgage. Now, I heard the City Attorney say you can't assume the
mortgage. You know, I'm a lawyer, I know how to work things out. I'm sure you could find a
way to somehow get the City to come up with the difference. We don't care whether the City
comes up with the money. What I am suggesting to the City is as follows: We want, simply,
reimbursement. And we're not asking for interest on the money that we spent eleven years ago.
For example, let's say in 1985, we spent a hundred and... Let's say in 1985, we spent $79,535
on professional plans. We're not asking for interest on that money. We're just asking for that
money back. We're not making a profit here, folks. We're just telling you, this is what we
spent, you want the land from us, please buy it at this price. The history of it is we had a signed
deal for a million -two four years ago. We didn't come here asking for this deal. You guys came
to us. Right now, there's $300,000 that was kicked in there by a developer. It's free money.
The City never paid for it, it just came in. It's sitting there, you could give it to us. You can give
us back $50,000 of our money. Right there, you're at three -fifty. OK? Now, the loan to Ocean
Bank if $4461000. 1 don't know if you can assume it or not. I'm sure you can work something
out with Ocean Bank where you can get around it. You know, a lawyer earning six figures
knows how to work those things out. Right there is 800,000 bucks. You're halfway there.
We're willing to take an unsecured promissory note. We trust you for it. No payments, no
payments, no interest payments, no principal payments until 18 months from now. Give us one
big...
213 April 14, 1994
Commissioner Plummer: Your generosity overwhelms me.
Mr. Portuondo: Well, that's the deal, Commissioner. I, you know...
Commissioner Plummer: I hear you.
Mr. Portuondo: We did not put a "for sale" sign on this property. We were asked what it would
take for us to walk away. We want our investment back, interest forgiven.
Mr. Manuel Gonzalez-Goenaga: One comment.
Mayor Clark: One comment is all, because you keep muddying the water.
Mr. Gonzalez-Goenaga: Oh, definitely.
Mayor Clark: Go ahead.
Mr. Gonzalez-Goenaga: No, no, no. I will leave after my comment. I am not even going to
make the quote, but you all know it. Remember what Casey Stengal said to the Mets in the first
year.
Mayor Clark: Nuts.
Mr. Gonzalez-Goenaga: No, no, no. He... to the Mets, "Do you guys know how to play this
game?" Thank you. I hope you get the message, referring to the Administration. We need
consultants, we need...
Mayor Clark: Thank you. Thank you, sir. You've done a good job. Thank you.
Mr. Gonzalez-Goenaga: No, no, not quite.
Mayor Clark: "Buenas tardes."
Mr. Gonzalez-Goenaga: Because I am not allowed to speak my mind.
Mayor Clark: Well, if you did, then we'd be here for three days. Thank you. We're not abrupt,
we're not abrasive, but just courteous.
Commissioner Plummer: Mr. Mayor, if it's within accord, I would like to hear from the Roads
section, their representative, of what their thoughts are on the matter.
Mayor Clark: Who represents them?
Commissioner Plummer: Joe don't do a bad... Mike Karaty left. Joe gets stuck.
Mayor Clark: Mike jumped the ship, huh?
Mr. Joe Wilkins: Hi. My name is Joe Wilkins. I live at 228 Southwest 23rd Road. I am not the
president of the Miami Roads Neighborhood Civic Association. Now, that honor belongs to
Dick Nally, as our newly -elected president.
Mayor Clark: You're the president?
Mr. Wilkins: However...
214 April 14, 1994
Mayor Clark: Good for you.
Mr. Wilkins: ... I was the president in 1988 when this issue came to a head before this
Commission. Our association worked very hard to try to negotiate a reasonable compromise on
this property. We failed. Another group of very dedicated, very hard working neighbors came
along, formed another association, raised a lot of money, put in a countless number of hours, did
an enormous number of work. We ended up with two groups. Both of us, at this point, are in
full agreement. This mistake was not our mistake. The zoning on this property, and I realize,
Mayor Clark, that you did not vote for that zoning, and Commissioner Gort, but the fact was that
putting that zoning on that property was a mistake by the City of Miami, not by our
neighborhoods.
Commissioner Plummer: And not by me.
Mr. Wilkins: With the exception, excuse me, of Commissioner Plummer, who has voted
consistently with us.
Mayor Clark: We're like, J.L. and I today are like Pontius Pilate. We're washing our hands.
Commissioner De Yurre: Well, hold it, hold it. What year was this? What year was this?
Mr. Wilkins: The zoning was 1985. Before we had an association, by the way.
Commissioner De Yurre: OK, because then I wasn't there, either, you know, just, you know.
Mc. Wilkins: It was the City... Don't try to bail out now. You guys are the City of Miami now.
Commissioner De Yurre: No, no, no, I just... Hey, what did you do?
Mr. Wilkins: We can bring back the other folks, but I don't really think that's going to help.
The City of Miami, the point being, made this mistake. They put this spot zoning on this
ridiculously small piece of property, and our associations, both of them, have been paying the
price ever since. It's time for us to stop paying and for the City to start correcting your mistakes;
not personally your mistakes, but it was a City of Miami mistake that needs to be corrected. If
this zoning is utilized, if this building goes up there, our neighborhood would be devastated, and
that's not fair, that's not right, and you have... We tried to present an opportunity to take that
zoning back. You all chose not to do that. That's your choice, but it remains a fact that we are
left with the burden of a possibly potentially devastating project on that property. One thing that
I have not heard discussed, when we brought up the down -zoning, there was a great fear that the
City would be sued, and there would be a lot of cost involved there. Down -zoning would not
necessarily totally devalue that property. It's worth something now with the existing zoning. It
would still be worth something with duplex zoning. Could it not be down -zoned and you pay the
difference for whatever they would lose, so that there would be no loss?
Commissioner Plummer: That's an interesting point.
Mr. Wilkins: Can there not be some other way to do this? But our neighborhood cannot bear the
burden of this mistake, not of you all personally, but of the City of Miami. Something needs to
be done.
Commissioner De Yurre: Can you address the money issue?
Commissioner Plummer: Can that be done? It's a very interesting point.
215 April 14, 1994
Commissioner De Yurre: Joe, can you address the money issue? Because they're talking about
1.6 million or bust.
Mr. Wilkins: Excuse me?
Commissioner De Yurre: You know, I want to get the feel from the community as to the City
paying that kind of money.
Mr. Wilkins: Our community has, on their own, and we are a working community, and this is
mostly from the members of the other group, raised probably close to $40,000, going door to
door, out of our pocket, to try to fight this project, and we are working people. Whatever it takes
at this point... What does it cost to devastate a neighborhood? What would the impact be if that
project went in, and our neighborhood was devalued? What would that cost me? Look at that,
please.
Commissioner De Yurre: Then you, as a community, are in accord with us paying $1.6 million?
Mr. Wilkins: I cannot speak for the association. We haven't voted on this. You know, I... This
is the first time I've heard this price.
Commissioner De Yurre: Well, but that's where...
Mr. Wilkins: I can only react personally on that point. I can't react...
Commissioner De Yurre: I know, but that's what we're dealing with. That's a dilemma that we
have, coming up with that kind of money, and getting in... We need this for you, so we need
input from you, whether you think it's the right thing to do. So if you feel that it's the right thing
to do...
Mr. Wilkins: The feeling that I've picked up mostly from the neighbors is that, at any cost, we
need to get this resolved and get it over with. We've been fighting this battle since 1986, since
before we had any association, and now we've got two. It's cost, if you were to add up the
hours, the value of the hours, and the time and the effort we've put into it, it's probably worth
more than a million dollars, and that's...
Mr. Portuondo: Excuse me, Joe. I'll tell you what. Out of the money we get from the City,
we'll give you back the money you spent.
Mr. Wilkins: We'll take that. And it wasn't even mostly our money.
Commissioner Plummer: How about if the City paid you $100,000?
Mr. Wilkins: I make a move to call it now.
Mayor Clark: That's a win -win, Joe.
Mr. Wilkins: Something needs to be done. If you don't want to buy it outright, down -zone it
and pay them off the difference so that there's no loss in value to him, whatever it takes. But we
need to get this issue resolved. It's been an albatross around our necks for...
Commissioner Gort: What would the down -zoning be, right now?
216 April 14, 1994
Mr. Wilkins: Right now, it's the sky is the limit. Right now, it's high-rise, and it's classic spot
zoning. It's a little tiny piece in the middle of a single-family neighborhood. It was a terrible
mistake made by your predecessors, mostly.
Commissioner Plummer: Let me ask this playing dirty pool. Can we open up the streets again
under our right of eminent domain?
Mr. Wilkins: The streets were closed...
Commissioner Plummer: Whoa, whoa, whoa.
Mr. Wilkins: We went through this, we went through this once.
(APPLAUSE)
Mr. Wilkins: That would be a lovely idea, but the fact was, we went through this. These people
got a petition for that. We came in with... They came in with a thousand signatures. And the
fact was, the street was closed by the County when the Metrorail Station was built. If there is
any way to open it, God, sure, we would appreciate that deeply.
Commissioner Plummer: I'm asking of the City attorney...
Mr. Wilkins: But when we went down that road, we were told by the City that that was
impossible, because that was a County thing, because of Metrorail, not because of this project.
Commissioner Plummer: I just asked if that is a possibility.
Mr. Wilkins: I would love to see that, if there's any way for that to be pursued now. Maybe it
wasn't, maybe things have changed since then, but that would be an...
Commissioner Plummer: All right. Mr. Mayor, this item is here for discussion, and the City
Attorney, every time I ask a question over here, is saying, "I got to research it, I got to research
it." I think that we need to research the whole issue, and, you know, I just... First of all, I don't
know where we're going to get the million -six. I really don't.
Mayor Clark: Here's five right here.
Commissioner Plummer: Huh?
Mayor Clark: Here's five right here.
Commissioner Plummer: There's five, give me five.
Mr. Wilkins: Shoot, if they're willing to trust you for it, I mean...
Commissioner De Yurre: J.L., Mr. Mayor, what I would like to make a motion is to instruct the
Administration to come back for the next Commission meeting with an idea of where we could
come up with that kind of money. Let's say that we were going to go ahead with something like
this. Come back to us, and it may be a structured plan of paying "X" thousands of dollars over
"X" number of years, something on those lines that we can work out, but to come back with a
plan, with a recommendation for us to consider.
Commissioner Plummer: As long as that includes the two items that have been proffered here
this evening, that the City Attorney come back and give us an opinion on, number one, if we can
217 April 14, 1994
downgrade it to R-2; and the second is as to whether or not the roads can be, the streets, which
are City -owned streets, can be reopened. If that's a part of the motion, I would vote for it.
Commissioner De Yurre: Fine. Well, I think we're in an exploratory kind of situation right
now, so we can...
Commissioner Plummer: And Victor, also, I would still like to explore the possibility that there
is a possible land swap somewhere.
Commissioner De Yurre: Well, that's...
Mayor Clark: Let me make this suggestion.
Commissioner Plummer: Sure.
Mayor Clark: You know, downgrade the zoning, it sounds easy. But you go ahead and
downgrade this zoning, you're going to go to court in five minutes.
Commissioner Gort: Not if you pay...
Mayor Clark: Wait just a minute.
Mr. Wilkins: Only if there's a value lost. If you compensate them for the difference in value, I
don't see where they can have any room to complain.
Commissioner De Yurre: Well, that's fine.
Mr. Wilkins: And for the cost that they've incurred in the meantime.
Mayor Clark: Well, how's it zoned now? How's it zoned now? What's it zoned for?
Commissioner Gort: R-4, I understand.
Commissioner Plummer: Yeah.
Mayor Clark: R-2?
Commissioner Plummer: No, R-4.
Mayor Clark: You want to down -zone to R-2?
Mr. Wilkins: Which is what it was when this disaster started.
Commissioner Gort: And pay the difference, and pay the difference.
Mayor Clark: Well, the difference will be as much as he's talking about right now. Watch and
see.
Commissioner De Yurre: All right. So...
Commissioner Plummer: Not with the size of the property. The property is so small.
Mr. Wilkins: Either way, the City is going to have to pay the price to correct the mistake that
was made.
218 April 14, 1994
Commissioner De Yurre: So, Mr. Mayor, my motion would be...
Mr. Wilkins: Whichever is...
Commissioner Plummer: I second Mr. De Yurre's motion.
Commissioner De Yurre: ... incorporating what J.L. has said, we'll...
Commissioner Gort: You mentioned other options, and which you said Melrose. I don't know
what is the value to that, but I think they should look at all the different options that we can come
back with.
Commissioner Plummer: OK.
Commissioner De Yurre: That's what I'm saying, that, to create a package, and for the
Administration to negotiate with the owner to come up with a package that we can... It could be
part land, it could be part cash, could be part promissory note, that we can just come up with that
figure, and to bring it back to us for consideration.
Mayor Clark: That's the best you can do right now. Mr. Dawkins.
Vice Mayor Dawkins: You want to say something first, sir?
Mr. Luis Herrera: I was just saying... My name is Luis Herrera. I live in 1181 Southwest 22nd
Terrace. I'm the president of the Vizcaya Homeowners' Association. In all these meetings,
we're coming down here from 1986 and '79, when it started at the beginning to buy that little
piece of property over there. We have a lot of people down here, and we are the majority all the
time, against that property over there. When rezoning to C-4, we take them to the court, we take
them to the Supreme Court, we spent a lot of money. And you people, the City of Miami
Commissioners, and the Mayors, that represent us, we are the taxpayers, and we trust you to
protect the value of the property where we live. And they had a lot of opportunity for you people
to resolve this situation. Now, that piece of land is too small to make that kind of building, like
he said before, 100 and something units. Because ten... What he said, $10,000 or $10,000,000,
or whatever? Ten thousand, whatever you said before. OK. That piece of property over there is
too small. The land, they don't got the size to make that kind of building in there. We filed this
in court, and the court approved. There's not enough land in there. You got the opportunity in
December to rezoning back that piece of land. They never did. They give the permit to these
people. When the lawyer from the City recommended to you people to zoning back R-2, like a
duplex, we're asking these people...
Mayor Clark: No, sir, he didn't recommend anything to us.
Mr. Herrera: Oh, yes, he recommended it.
Mayor Clark: Did you recommend that we...
Mr. Herrera: No.
Mayor Clark: No, sir.
Mr. Herrera: He is not the lawyer...
Mayor Clark: Wait, wait just a minute. Wait a minute.
219 April 14, 1994
Unidentified Speaker: The Planning Department recommended it.
Mr. Jones: I didn't. No, I didn't. I think Mr. Maxwell... I think the question was asked whether
it could be done.
Mayor Clark: But not him. That was the Planning Department.
Mr. Herrera: Well, the Planning Department, and then the lawyer, he said he recommended, too.
Mayor Clark: No, he...
Vice Mayor Dawkins: He didn't, no, no.
Mr. Herrera: The other lawyer, not him. It was another...
Mr. Jones: No, no. You would have been talking about, probably, Mr. Maxwell. He probably
would have responded to a question as to whether it could have been. Now, he wouldn't have
made a recommendation to you.
Mr. Herrera: And he said it was legal to do it.
Commissioner Plummer: Yes, that, he did.
Mayor Clark: That's what he said. Yeah, that's what he said, yeah, but he didn't recommend it.
Mr. Herrera: And a hundred times, we come out down here with all this place here full of the
people.
Mayor Clark: I know it.
Mr. Herrera: OK? And still, the Commissioners approved it, and they give you all the
opportunity, upper hand to the people that make money over here, with the contractor. We are...
We work for that...
Mayor Clark: Well, let me ask you, is this a bad man because he makes money?
Mr. Herrera: Well, no, I don't say he's a bad man. He work... He is a lawyer, he work and he
try to defend his people, you know.
Mayor Clark: Well, OK.
Mr. Herrera: But I want to ask one question to him. Do you want that kind of building next to
your house?
Mayor Clark: That's not the case here. It's not his house.
Mr. Herrera: Exactly, but we don't want it, either.
Mayor Clark: I don't want it there, either.
Mr. Herrera: You know, but if we have to be resolved today. We want the property back R-2 if
we can, if we can, or any kind of resolve in favor of the community.
220 April 14, 1994
(APPLAUSE)
Mayor Clark: Give us a million and a half dollars, we'll do it right now.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: When the Manager and staff come back with the options, and one of the
options is the down -zoning, Mr. Manager, tell us what the tax take would be if it was down -
zoned and duplexes were put there, what taxes we would recoup so that we can also look at that
as income against whatever we do. Would you do that for me?
Mayor Clark: All right. Well, folks, that's all we can do here today.
Commissioner De Yurre: Do we need a form of a motion?
Mayor Clark: You want to speak, Dick? You know, I know Dick Delias for 25 years. He was
the top reporter for the Miami Daily News at that time. Great friend, great guy.
(APPLAUSE)
Mayor Clark: Young man left us and got his way back. Got the sand in his shoes and never left
us again. Thank you. Thank you, Joe.
Mr. Wilkins: Is there a motion, or what is going to happen?
Mayor Clark: No, there's a motion to...
Commissioner Gort: We'll wait for the Manager to come back with three or four options.
Mr. Wilkins: OK.
-------------------------------------------------------------------------------------------------------------------
27. DENY REQUEST BY RICKENBACKER MARINA, INC. TO SURRENDER ITS
REMAINING 15-YEAR LEASE TERM.
Mayor Clark: All right. You want to break for supper and come back tomorrow? What item are
we on?
Commissioner Plummer: Twenty-two, I think.
Mayor Clark: I think we got 22, J.L.
Commissioner Plummer: No, 22 is Rickenbaker Causeway.
Mayor Clark: What are we doing there?
Commissioner Plummer: They want us to buy it.
221 April 14, 1994
Mayor Clark: No. I'm going to... Listen, we know what this is. Do you want to vote right
now? Victor, let's move this thing. Yes, I know, you've talked to me before about this. You
have a 15-year lease right now?
Commissioner Plummer: Well, he'll explain it to you.
Mayor Clark: Yeah, OK.
Commissioner Plummer: I think I know what he's trying to do.
Mayor Clark: I think we all realize what this is. What's the pleasure of the Commission?
Identify yourself for the record. I think the Commission all knows about this. Please, folks, we
got a meeting going on. Please leave quietly. We thank you.
Mr. Ram Melwani: Commissioners, Mayor, my name is Ram Melwani. I'm the president of
Rickenbacker Marina. I am here to request that I submit my 15 years that I have left in the lease,
and be given a new lease for 30 years, in order for me to develop projects that I have a picture of
here. I've given you all a synopsis of what I propose to do and what it's going to cost me.
Mayor Clark: What is the income there now? What is the rent, what is the income there?
Mr. Cesar Odio (City Manager): No, what I understood him to say cannot be done. I understand
that he is going to give up a 15-year lease, and he wants a 30-year lease in return, and we cannot
do that.
Mayor Clark: What does he pay now?
Ms. Ana Sardina: You have it on the chart, second page.
Vice Mayor Dawkins: Who are the principals, Mr. Manager?
Mr. Odio: You want to put the names on the record, the principals, the principals of the
corporation?
Commissioner Plummer: Melwani.
Mr. Melwani: I am the president of Rickenbacker Marina.
Vice Mayor Dawkins: Principals, all of you.
Mr. Melwani: One only, myself.
Vice Mayor Dawkins: That's it?
Mr. Melwani: Yes.
Mayor Clark: What kind of rent do we get there a month now?
Ms. Sardina: About five to seven thousand dollars a month.
Mayor Clark: OK. Any questions from the Commission?
Ms. Sardina: The answer was five to seven thousand dollars a month, depending on the
percentages.
222 April 14, 1994
Commissioner Plummer: Well, where are we, Mr. Mayor, if we...
Mayor Clark: He wants an extension of his lease to thirty years.
Commissioner Plummer: And the City Attorney says that there's no way we can do it.
Ms. Linda Kearson (Assistant City Attorney): That's correct. That's correct.
Mr. Odio: The only way you can do it is...
Commissioner Plummer: So what are we talking about?
Vice Mayor Dawkins: (Inaudible) She says I can't do it. You're the lawyer now.
Ms. Kearson: Well, if I might explain, Mr. Melwani had offered to surrender his lease to us with
the understanding that the City of Miami would issue an RFP (Request for Proposals), but not
give him preferential treatment in the selection process.
Mayor Clark: Can't do that.
Ms. Kearson: The City... Right, that's correct. The City cannot extend his lease without going
through a competitive process.
Mayor Clark: All right. What's the pleasure of the Commission?
Commissioner Plummer: Well, is that the way I really understand it, Mr. Melwani? Are you
asking us to buy out your 15-year lease, and you take the chance of losing anything in the future?
Mr. Melwani: No. I have the right to resign the appraisals. The City suggested that they will
get two appraisals and if I do not accept them...
Commissioner Plummer: No, no, that's not my point, sir. My point is, forget about what you
want to do in the future. Are you, in effect, here today asking us to buy out the remaining 15
years of your lease?
Mr. Melwani: Yes, subject to an appraisal.
Commissioner Plummer: Without anything to the future, which may or may not happen?
Mr. Melwani: No, that's not the way it is.
Commissioner Plummer: Well, OK, then that's where we are. Then, they're right.
Mayor Clark: Have we got a motion?
Commissioner Plummer: OK.
Mayor Clark: OK. Have you got a motion?
Ms. Sardina: May I explain? The proposal that Mr. Melwani made was to surrender the
remaining 15 years on his existing lease if he would be... subject to a buy-out. That buy-out
would be, the condition of that buy-out is, when we do a new RFP, for whatever we want to put
it out for, the successful proposer would buy out Mr. Melwani's remaining 15 years. If there is
223 April 14, 1994
no successful... If Mr. Melwani does not become the successful proposer in the second bid
process, he would get his money out by the new successful proposer. He would get his money
out, and he would walk away. If Mr. Melwani is the successful proposer, then he has nothing to
buy, because those improvements and that lease was his to begin with.
Vice Mayor Dawkins: This is a win/win situation for mister so-and-so. There's no lose situation
for him.
Mayor Clark: All right. Let's get to this thing right quick. I move that the petition be denied. Is
there a second? Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: All right. All those in favor?
Mayor Clark: Aye.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 94-263
A MOTION TO DENY REQUEST BY RICKENBACKER MARINA, INC. TO
SURRENDER ITS REMAINING 15-YEAR LEASE TERM, WHICH REQUEST
WAS SUBJECT TO A BUY-OUT CONDITION.
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.
224 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
28. DISCUSSION CONCERNING LIST SUBMITTED BY COCONUT GROVE
CHAMBER OF COMMERCE, CONCERNING PROPOSED NOMINEES TO BE
HONORED WITH INSTALLATION OF A PLAQUE AS PART OF THE COCONUT
GROVE WALK OF FAME PROJECT -- DIRECT ADMINISTRATION TO BRING
THIS ITEM BACK WITH PROPER INFORMATION.
Mayor Clark: Next item.
Vice Mayor Dawkins: Next item.
Mayor Clark: Item 24. Thank you, Mr. Melwani.
Mr. Melwani: Thank you, gentlemen.
Mayor Clark: You can't do it, anyway.
Vice Mayor Dawkins: Go ahead, Mr. Mayor. We're going to get out of here in a few minutes.
Mayor Clark: I will. How about this item 24, Mr. Manager?
Mr. Cesar Odio (City Manager): This is the Coconut Grove Chamber of Commerce. They have
some plaques they want to replace on the sidewalk area, in the business area.
Mayor Clark: Who's here on this?
Mr. Jim Kay: Yes. Over a year ago, the Chamber of Commerce entered into an agreement with
the City to maintain these plaques. They are now coming before you today to gain approval of
the names that they are submitting to be placed on.
Mayor Clark: Do you recommend it?
Mr. Kay: Yes, sir.
Commissioner Plummer: Wait, whoa. Where would they be going?
Mayor Clark: On the sidewalk.
Commissioner Plummer: No, where, in particular?
Mr. Kay: They will be on Main Highway, primarily on Main Highway. We had a sketch in the
original. It's not included in this package here. In the original agreement that was approved by
the Commission over a year ago, there was a sketch provided.
Commissioner Plummer: OK. Are we going to benefit by our mistakes on Latin Stars? Does
the Chamber know that they have to take out permits? OK?
Mr. Kay: Yes, sir.
Commissioner Plummer: They have to take out whatever, the building permit or whatever it is,
that every name that is to be instilled is to be brought before this Commission for approval.
225 April 14, 1994
They have to go through the inspection process. They cannot get any dollars from any of the
relatives or anyone involved. It is solely at their expense, or donations that are given freely and
voluntarily.
Mr. Kay: OK.
Commissioner Plummer: I mean, has all of that been explained, that we don't get into the Latin
Stars again, God forbid?
Mr. Kay: Those names are being presented today for your approval.
Commissioner Plummer: I understand.
Mr. Kay: There's a list of them.
Commissioner Plummer: OK. But none of these people on this list, their families have not been
approached for donations?
Ms. Amy Simons: No, they have not.
Commissioner Plummer: Well, some of them are not even alive.
Mayor Clark: Well, I think a lot of them are not even alive. I don't see Alexander Graham Bell
here.
Ms. Simons: None of them are.
Commissioner Plummer: OK. Now, do we have a sketch anywhere of what they're going to be
doing in the sidewalk? Are they also aware that they must provide the City with a liability
policy that if anybody trips or falls on their portion that the City will be...
Mr. Kay: I don't believe we have a liability policy.
Commissioner Plummer: Well, I think you've got to have it.
Mr. Kay: But this was the concept in the agreement, and the form of the agreement has already
been approved by this Commission. If they...
Commissioner Plummer: But have we seen... I haven't seen... Excuse me. I have not seen
what's going in the sidewalk. You remember the Latin Stars on 8th Street was a big star.
Mr. Kay: Yes, sir.
Commissioner Plummer: And then we determined that somebody, if it was wet, could slip on it
and break their neck. So I don't know what these people are putting in the sidewalk. I don't
know if it does, in fact, could create a liability, and if so, is the City protected from their action,
that we will not have to come up with a million dollars because some elderly lady fell down?
Mr. Kay: The types of material used in the construction of this plaque is going to be reviewed
by the department, and certainly, we'll take a look at the type of service...
Mayor Clark: What you should do... Just a moment. What you should do is get all this stuff
straightened out before you come to us.
226 April 14, 1994
Commissioner Plummer: I agree.
Commissioner Plummer: Get it all straightened out, and come back to us, and tell the people
that are planning this they have to meet with these stipulations or don't come before the
Commission.
Mr. Kay: All right, sir.
Mayor Clark: All right? Next item.
Commissioner Plummer: And especially, Mr. Mayor, I'm concerned about liability.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Also, I want to know if there's a need for public hearings, if this should go
in front of the council, Village Council or the organization...
Commissioner Plummer: Well, they're the ones that are proffering it, isn't it?
Commissioner Gort: No, I understand the Chamber is the one that's proffering it.
Commissioner Plummer: Well, the public hearing is here. We have to approve them, so the
public hearing of the names that are proffered is here.
Commissioner Gort: No, but I understand the whole concept has been accepted by the Coconut
Grove... different associations, that's all. OK.
Commissioner Plummer: I don't know.
Mayor Clark: Bring them all back with the proper information, please, gentlemen, lady.
-------------------------------------------------------------------------------------------------------------------
29. (A) FUND LATIN QUARTER ASSOCIATION ($12,500) OUT OF 19TH YEAR
CDBG TO ALLOW THEM TO COMPLETE THEIR FISCAL YEAR
(THROUGH JUNE 30, 1994) -- NO FUTURE FUNDING TO BE
ALLOCATED.
(B) FUND NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT
CORPORATION OUT OF 19TH YEAR CDBG (THROUGH JUNE 30,
1994) -- NO FUTURE FUNDING TO BE ALLOCATED.
Mayor Clark: Item 25, did we go over that already?
Commissioner Plummer: Yes, sir.
Mayor Clark: Yeah, and we've heard that enough. Enough of that. What about item 26?
Vice Mayor Dawkins: Twenty-seven.
Mayor Clark: Twenty-seven?
227 April 14, 1994
Vice Mayor Dawkins: Twenty-six.
Commissioner Plummer: Twenty-six, you haven't done.
Vice Mayor Dawkins: OK.
Mayor Clark: Well, it's a recommendation not to fund Washington Heights and the Latin
Quarter.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: Prior to breaking up this morning, I asked the two groups to get
together, and I think that's who we ought to hear from, because this matter was predicated on the
fact that they had not filed or complied with whatever the requests of Community Development.
Mayor Clark: Yeah, you're right, you're right. Let's move it.
Commissioner Plummer: And were they able to come up and to...
Mr. Pablo Perez -Cisneros: Well, at the last Commission meeting, all you asked us for is... You
denied the funding, and you asked us for to... You wanted to find out what they spent the money
on, and we served you with that information, indicating to you where they spent the money.
Commissioner Plummer: Are they in accord with all of the documents that they were supposed
to file? Have they done their audit, in other words?
Mr. Perez -Cisneros: As of the mandate of the City Commission in December, they did not fulfill
their obligation with the contract, not with HUD (Housing and Urban Development), as of that
date. So therefore, you know...
Commissioner Plummer: Well, the bottom line, let me get to the bottom. Are you
recommending that they be funded?
Mr. Perez -Cisneros: No, sir, we are not.
Commissioner Plummer: You are not.
Mr. Perez -Cisneros: No, sir.
Commissioner Plummer: OK. That's the bottom line.
Mr. Florentino Perez: May I say something?
Commissioner Plummer: Sure, go ahead.
Mr. Perez: We have complied with all - excuse me - with all the requirements that they asked
for as of now.
Mayor Clark: Well, has he filled...
Mr. Perez -Cisneros: No, sir. In my belief, I have checked both agencies, and their records still
leave a lot to desire. They did an effort to correct some of the errors, but the thing is, the fact
228 April 14, 1994
remains, Mr. Mayor and Commissioners, that HUD requires us to monitor these organizations,
and that they comply with the work the way it's supposed to be done. And that's the situation
we have here. We have given opportunity behind opportunity.
Mayor Clark: All right, go ahead, tell us.
Mr. Elio Rojas: Mr. Mayor, my name is Elio Rojas, executive director of Latin Quarter
Association. I accept, I admit the documentation was incorrect at the time they monitored the
office. Since that time, we hired another secretary which is right here. She's been working very
good, closely with Hilda Rodriguez, and even him, Pablo. And since the last documentation, and
since the last final report, final report, every single item was approved, and was corrected, and
my office is just like it used to be. We are ready, the file is open, the office is open. Frank
Castaneda, he knows. We have a letter right here which we submit to Frank Castaneda and
Hilda, and all the documentation is in perfect condition. I don't know what's going on, really.
My secretary is right here.
Mr. Frank Castaneda: Commissioners, I guess the issue is that we were faxed a memo in the last
two days saying that they have fixed the problems that we found in our last monitoring visit.
The issue was that they were given up to February 28th to resolve the problems. They knew that
six months ago, and now, they're claiming that they have resolved the problems three days ago.
In the case of New Washington Heights, they have restructured the staff, and that all happened in
the last two or three days.
Mayor Clark: Wait a minute. Let's take one at a time, Frank.
Mr. Castaneda: OK.
Mayor Clark: How much did they have coming for the rest of the year?
Mr. Castaneda: Twelve thousand, two hundred and fifty dollars.
Mayor Clark: Can we give them that, just if they're not qualified for next year?
Mr. Castaneda: You mean to close them out or...?
Mayor Clark: Yeah, close them out. That's all we can do.
Commissioner Plummer: Well, wait, wait, wait. Tell me what you're proposing.
Mayor Clark: Pay them the $12,500, the balance up to June the 1st, and then that's it.
Commissioner Plummer: Yeah, but they're up here now and were approved today for fifteen
thousand for this coming year?
Mayor Clark: No, no.
Commissioner Plummer: They were not.
Mayor Clark: No.
Commissioner Plummer: OK.
Mr. Perez: I don't understand.
229 April 14, 1994
Mayor Clark: Twelve thousand, five hundred closes you out. Is that all right?
Vice Mayor Dawkins: They don't have no choice.
Mayor Clark: It's either that or nothing.
Commissioner Gort: What they're saying tonight is, there's two choices. One, they'll cut your
funding off tonight, and you don't have no money tomorrow. What the Mayor is saying is finish
the funding to the 6th. They're not going to recommend you for next year, but at least you can
finish this year, and maybe you can pick up some other source of funding.
Mr. Perez: OK. Thank you.
Mayor Clark: All right.
Mr. Perez: Thank you.
Mayor Clark: So moved, seconded.
Mr. Ted Lyons: Mr. Mayor...
Mayor Clark: All in favor, signify by saying "aye" on that twelve thousand, five hundred. And
next year, we'll start over again, if something else happens.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-264
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE $12,500 OUT OF 19TH YEAR CDBG FUNDS FOR THE LATIN
QUARTER ASSOCIATION IN ORDER TO FUND IT FOR THE REMAINDER
OF ITS FISCAL YEAR'S CYCLE, ENDING JUNE 30, 1994, WITH THE
PROVISO THAT NO FURTHER FUNDING BE PROVIDED TO THIS AGENCY.
(Note: The essence of this motion was incorporated into Resolution 94-265.)
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: OK. Yes, sir.
Mr. Ted Lyons: Mr. Mayor and Commissioners, my name is Ted Lyons. I'm the acting deputy
director of New Washington Heights. Unfortunately, our director, Ms. Belle, wasn't able to be
here tonight. She's out of town. And she asked me to step forward and represent her. Mr.
Mayor, we have, since the auditors last left our office, we have placed eight facade packages, we
230 April 14, 1994
have placed four technical assistant packages, and there's still a whole quarter left in the
contract. And we feel like by the contract's end, we will be able to meet our projections, and
that, hopefully, we could get the balance of the money, if we meet our projections by the end of
the year.
Vice Mayor Dawkins: OK. Mr. Mayor, let me cut through this. I mean, I feel like everything
else, give them $12,000, like everybody else, and that's it.
Mr. Lyons: That's it, in terms of what? That means we're not eligible before, you know, the
program is not even solved?
Vice Mayor Dawkins: Hold it, hold it, hold it.
Mayor Clark: How much they got...
Vice Mayor Dawkins: No, no, no, wait a minute. Go ahead, finish your presentation, then we'll
vote whether you get anything or not. If you don't get... Either you don't get nothing, or they
vote to give it to you. All right. Go right ahead and finish your presentation.
Mr. Lyons: Well, you know, my... The only thing is, if we finish the quarter, we still have a
whole nother quarter to go. And if we have our compliance in tact by the time the quarter is up,
I don't see why we would be eligible to apply for fund...
Mayor Clark: Well, you won't be, you won't be. You won't be, but you're going to have to
start over. This has had a bad history. If you knew the history... You're getting into something I
don't think you know about, Mr. Lyons. This history has been going on for a long time. No
production has been... Thousands and thousands of dollars have been issued out there, and
nothing has happened. So I think you ought to take the twelve -five, and go away, and say "thank
God." If you don't want that, fine.
Vice Mayor Dawkins: Be no motion, no action taken, and that will kill it.
Mr. Lyons: Thank you, Mr. Dawkins. 'Thank you, Mr. Mayor and Commissioners. I appreciate
it.
Mayor Clark: How much did the County give you?
Mr. Lyons: The County funded us $250,000.
Vice Mayor Dawkins: Wait a minute. Hold it, hold it. And how much of that do you get?
Mr. Lyons: How much...?
Vice Mayor Dawkins: ... do you get? It's on a reimbursement, right? You have to submit
invoices, and then they pay you.
Mr. Lyons: Exactly.
Vice Mayor Dawkins: You don't have $250,000 to work with, is that right?
Mr. Lyons: Well, no, we just...
Vice Mayor Dawkins: OK. I just want the rest of the Commissioners to understand what you're
saying, that's all.
231 April 14, 1994
Mayor Clark: OK. Thank you, Mr. Lyons.
Vice Mayor Dawkins: You got twelve thousands -five for the rest of the year. It's for the fiscal
year. Is that what we said?
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: What is it, Mr. Castaneda?
Mr. Castaneda: Until June 30th.
Vice Mayor Dawkins: June 30th.
Mr. Lyons: Thank you.
Vice Mayor Dawkins: All right.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Madam Clerk.
Commissioner Plummer: Mr. Mayor, may I suggest... We used to have a policy. Frank?
Mr. Castaneda: Yes, sir.
Commissioner Plummer: We used to have a policy on anyone that was going to be funded, they
had to surrender their total budget, and whatever other funding they received. And I don't know
where we stopped doing that.
Mr. Castaneda: No, no, we still do it. We have that.
Commissioner Plummer: Well, let me tell you, I think that's very important.
232 April 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-265
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH TWO (2)
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 FOR FISCAL YEAR 1993-1994, WITH THE
I PROVISO THAT NO FURTHER FUNDING BE PROVIDED TO THESE
AGENCIES, 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 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.
•------------------------------------------------------------------------------------------------------------------
30. SECOND READING ORDINANCE: AMEND CODE CHAPTER 40, ARTICLE IV
(PENSION AND RETIREMENT PLANS) -- ESTABLISH DIVISION III, SECTION
40-250, ET SEQ. (PURSUANT TO SECTION 112.048 OF FLORIDA LAWS) --
CREATE SYSTEM OF RETIREMENT FOR ELECTED OFFICIALS WHO HAVE
HELD ELECTIVE OFFICE FOR THE CITY FOR 20 OR MORE YEARS.
Mayor Clark: Where are we at? Item 26?
Commissioner Plummer: Twenty-seven.
Vice Mayor Dawkins: Twenty-seven.
Commissioner Plummer: For the record, Mr. Mayor, I have to recuse myself on item 27.
Mayor Clark: OK, fine. Elected officials...
A. Quinn Jones, III, Esq. (City Attorney): Just for the record, Mr. Plummer, if you abstain, you
still have to follow it up with a written memo. Well, also, you have to state on the record the
reason why.
233 April 14, 1994
W
Commissioner Plummer: The reason why, I might be able to be eligible for item 27, that is a
possibility.
Mayor Clark: OK. I'll move the resolution.
Mr. Cesar Odio (City Manager): It's an ordinance.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: It's been moved and seconded.
Mayor Clark: It's an ordinance. You got to read it again?
Mr. Jones: Yes.
Vice Mayor Dawkins: Read the ordinance, please.
Mayor Clark: Could you change the name of "the City" to "the County"?
Vice Mayor Dawkins: OK. Any further discussion?
Mayor Clark: I move it.
Vice Mayor Dawkins: It has been seconded. Call the roll. It was seconded by Commissioner
Gort.
AN ORDINANCE -
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 40 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PENSION AND
RETIREMENT PLANS, THEREBY ESTABLISHING AND CREATING DIVISION III,
SECTION 40-250, ET SEQ., PURSUANT TO SECTION 112.048 OF THE LAWS OF
THE STATE OF FLORIDA; CREATING A SYSTEM OF RETIREMENT FOR
ELECTED OFFICIALS WHO HAVE HELD AN ELECTIVE OFFICE FOR THE CITY
OF MIAMI, FLORIDA, FOR A PERIOD OF TWENTY (20) OR MORE YEARS, MORE
PARTICULARLY BY ADDING NEW SECTIONS 40-250, 40-251, 40-252, 40-253, 40-
254, 40-255, 40-256, AND 40-257; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 13, 1993, was taken up for its
second and final reading by title and adoption. On motion of Mayor Clark, 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
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None
ABSENT: None
ABSTAINED: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11137.
234 April 14, 1994
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.
-------------------------------------------------------------------------------------------------------------------
31. DISCUSSION CONCERNING PROPOSED SECOND READING ORDINANCE TO
AMEND CODE CHAPTER 22 (GARBAGE AND TRASH), ESTABLISHING
ENFORCEMENT PROCEDURES AND ADMINISTRATIVE FEES TO BE PAID BY
PERSONS WHO FAIL TO REMOVE THEIR GARBAGE CANS FROM CURBSIDE
AFTER GARBAGE COLLECTION -- DIRECT CITY ATTORNEY TO REMOVE
PENALTY PROVISION.
Mayor Clark: All right. Come on back, Plummer. You're not dead yet. Item 28, for curbside.
What do you need here? What do you need?
Mr. Ron Williams: Mr. Mayor, we need to make an addition to the ordinance on second reading
here, to include the time period.
Mayor Clark: Read the ordinance, Mr. Jones.
(THE CITY ATTORNEY READS THE ORDINANCE)
Mr. Williams: And, Mr. Mayor, the addition that I would like to make is to place a time period
for which those penalties could be imposed. I would recommend 24 hours, if the Commission
would agree to that.
Mayor Clark: Is that fair enough, 24 hours?
Commissioner Gort: Twenty-four hours is plenty of time.
Vice Mayor Dawkins: OK.
Mayor Clark: All right. Are you listening, J.L.? Twenty-four hours?
Commissioner Plummer: What's that, sir?
Mayor Clark: Twenty-four hours.
Mr. Williams: On the return of cans from the curb, Commissioner Plummer, before the fees may
be imposed.
Commissioner Plummer: Mr. Mayor, you know, the problem is people that go out of town, and
on weekends. OK? You know, I want to be fair, but what do you feel is fair?
Mr. Williams: We would recommend 24 hours, Commissioner.
Mayor Clark: I'm going to recommend 72 hours.
Commissioner Plummer: Hey, let me tell you what I'll do, all right? I think 24 hours is fair, if
you'll give me a soft enforcement for six months.
235 April 14, 1994
Mayor Clark: No, no. Give them 72 hours and no soft enforcement. That's plenty of time.
Commissioner Plummer: OK. Seventy-two hours is more than... Well, Mr. Mayor, that's even
the second pickup.
Mr. Williams: Yes, 72 hours is quite a time, Mr. Mayor, particularly...
Mayor Clark: Well, I know, but listen, you got to realize, we wouldn't have gotten all those
phone calls had we given a little more information on it. We're working into a new system. I
think the people are understanding the system now. Let's give them a little break here to start
with. Seventy-two hours.
Mr. Williams: That's fine.
Mayor Clark: Seventy-two hours.
Mr. Williams: That's fine.
Commissioner Plummer: Mr. Manager, let me ask you a question. Because I got to tell you
something, driving down the street, looking at those empty garbage cans, would it make that
much difference if we took our garbage can to the sidewalk as opposed to the asphalt? Is it
really that much difference in pick up?
Mayor Clark: I take mine to the swale.
Mr. Williams: Yes, Commissioner, because of the variety in our neighborhoods throughout the
City.
Commissioner Plummer: Well, the problem is, Mr. Mayor, is, if you took it to the sidewalk in
your property line, you don't look down a row of ugly garbage cans, OK? Whereas if you take
them to the edge of the asphalt, you have that row of dummies down there that are multicolored
and every other thing, and I... If it makes a big difference, then I've got to go, you know, with
the other. But I just...
Mayor Clark: I bought a new garbage can. It's very pretty, J.L. You ought to see it. I did,
really.
Mr. Williams: We would prefer to stay consistent.
Mayor Clark: I'll bring one by your house.
Commissioner Plummer: Thanks, but no, thanks.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, a point of clarification.
Mayor Clark: Yes, sir.
Mr. Jones: On first reading of the ordinance, you made... Well, you didn't make a motion, but
there was discussion on your part that you wanted to see a $25 flat fee as a penalty. OK?
Commissioner Plummer had discussions saying that he wanted to see a sliding scale. So we
need to come to some consensus, whether the penalty is going to be a $25 flat fee...
Mayor Clark: Quinn, let me tell you something. Let's hold up on any fine right now. We're
trying to... You know, people don't like to get that enforcement and get...
236 April 14, 1994
Commissioner Plummer: I agree with you. That's why I said "soft."
Mayor Clark: Thanks, soft. Just don't put it in there right now.
Mr. Jones: So ticket without the fine?
Mayor Clark: Yeah.
Unidentified Speaker: Put warnings.
Commissioner Plummer: Well, what you could do, Mr. Mayor, you know, you could put a $25
fine in there, and make it effective in... You know.
Mr. Jones: Well, then, I'm going to have to amend the ordinance, because the ordinance that
you passed has a provision for a fee for failure to remove. So if you don't want that in, I'm
going to have to amend it and bring it back.
Vice Mayor Dawkins: Well, amend it and bring it back, sir.
Mayor Clark: Yeah, amend it and bring it back.
Mr. Jones: Taking out the...
Mayor Clark: We are trying our very best and the people are cooperating now. Let's get this
thing back on an even keel. Don't you think so? OK.
Vice Mayor Dawkins: Mr. Manager, I wish you would find some way to let me know, so I could
tell people who call me, why is it that on the streets that have an alley, why the garbage cannot
be taken to the end of the property in the alley where, if the truck comes down the alley... It
collects from both sides of the street, and it goes down the alley, but when it goes down the
street, it's got to go on both sides of the street. But anyway, some way, I wish you would look at
and see if it's more effective, more efficient to put it in the alley instead of on the curb, if you've
got an alley.
Mr. Williams: May I respond to that? Vice Mayor, you're absolutely correct. And we've
looked at that, and we are making that adjustment.
Mayor Clark: All right.
Mr. Williams: I will report to you further as to how that's coming.
Vice Mayor Dawkins: No. If you're doing it, sir, don't worry about it. If you're doing it, thank
you.
Mr. Williams: We are making that adjustment, because...
Vice Mayor Dawkins: Well, I can tell the people when they call me that we are adjusting as fast
as we can.
Mayor Clark: Mr. Jones, bring that back. Absolutely.
Vice Mayor Dawkins: All right. Thank you.
237 April 14, 1994
Mayor Clark: Mr. Jones, bring that back to with the amendment, OK? When we've got time.
-------------------------------------------------------------------------------------------------------------------
32. SECOND 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: What about item 29?
Vice Mayor Dawkins: Move it, whatever it is.
Commissioner Plummer: Are we on 29?
Mayor Clark: Item 29.
Unidentified Speaker: JTPA (Job Training Partnership Act) entitled Job Training.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: No, it's an ordinance.
Mayor Clark: Call the roll, Madam Clerk.
AN ORDINANCE -
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.
238 April 14, 1994
Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Dawkins,
seconded by Commissioner Plummer, 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. 11138.
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.
-------------------------------------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR CITY
OF MIAMI CAPITAL IMPROVEMENTS -- CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CIP PROJECTS -- ESTABLISHING NEW
CIP TO BEGIN DURING FY 1993-94 -- REPEALING PROVISIONS OF
ORDINANCE 10938 WHICH MAY CONFLICT WITH THIS ORDINANCE.
Commissioner Plummer: Move 30.
Mayor Clark: Move 30, by Mr.... This is an ordinance.
A.Quinn Hones, III, Esq. (City Attorney): Yes, Sir.
(THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD.)
Mayor Clark: All right. Call the roll, Madam Clerk.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS,
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1993-94; REPEALING PROVISIONS OF ORDINANCE NO. 10938,
AS AMENDED, THE FISCAL YEAR 1991-1992 CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING CONDITIONS, AUTHORIZATIONS AND
DIRECTIONS TO THE CITY MANAGER AND CITY CLERK.
239 April 14, 1994
Passed on its first reading by title at the meeting of March 24, 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. 11139.
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.
------------------------------------------------------------------------------------------------------------------
34. FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-392 AND 31-10 -- TO
PROHIBIT ISSUANCE OR RENEWAL OF A CERTIFICATE OF USE OR
OCCUPATIONAL LICENSE WHEN THE PLACE WHICH IS THE SITE
REQUESTED FOR SUCH PERMITS IS ALSO THE SUBJECT OF CODE
ENFORCEMENT PROCEEDINGS RELATED TO ILLEGAL CONSTRUCTION
ACTIVITY.
Commissioner Plummer: Item 31...
Mayor Clark: I move 31. This is... We're going to get something into the Code now. We're
going to withhold it.
Commissioner Plummer: Are you moving it?
Mayor Clark: Yes, sir, I move it.
Commissioner Plummer: I second it. Mr. Manager...
Vice Mayor Dawkins: Under discussion, Mr. Plummer.
Commissioner Plummer: Under discussion. If, in fact, they do not get a renewal, how soon do
they have to close shop if they don't get a renewal?
Mr. Cesar Odio (City Manager): I have to check the law on that. I don't know.
Commissioner Plummer: This might be the best thing that ever happened to Code Enforcement.
Commissioner Gort: They can close it right away.
240 April 14, 1994
Commissioner Plummer: Huh?
Commissioner Gort: I don't think they can operate without a...
Mr. Odio: I don't think they can operate, period.
Commissioner Gort: They can't. They're going to close it right away.
Commissioner Plummer: All right. I will expect the Administration to enforce what I've just
been told, that if they don't get a certificate of renewal, that that business will be shut down
immediately.
Mr. Carlos Smith (Assistant City Manager): Commissioner, by State law, I understand you
cannot operate without an occupational license. A certificate of use is a municipality... It's a
document of the municipality, as opposed to an occupational license. It is a misdemeanor to
operate without an occupational license.
Commissioner Plummer: They couldn't care less.
Mr. Smith: But I'm telling you what the law says.
Vice Mayor Dawkins: All right. You're out of order, Mr. Plummer. Does anybody else have
something to say, other than Mr. Plummer?
Mayor Clark: Have you read it into the record?
Vice Mayor Dawkins: Read the ordinance, sir.
Mayor Clark: Roll call.
AN ORDINANCE
AN ORDINANCE RELATING TO ILLEGAL CONSTRUCTION ACTIVITY;
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
ADDING PROVISIONS TO SECTIONS 2-392 AND 31-10 THEREOF, TO PROHIBIT THE
ISSUANCE OR RENEWAL OF A CERTIFICATE OF USE OR OCCUPATIONAL LICENSE
WHEN THE PLACE WHICH IS THE SITE REQUESTED FOR SUCH PERMITS IS ALSO
THE SUBJECT OF CODE ENFORCEMENT PROCEEDINGS RELATED TO ILLEGAL
CONSTRUCTION ACTIVITY; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Mayor Clark and seconded by Commissioner Plummer 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.
- - -- 241 - April i-4, 1394
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: At this point, agenda Item 32 was
withdrawn.
Commissioner Plummer: Mr. Mayor, I have a very important question to ask of the
Administration. Have you got Mr....
Vice Mayor Dawkins: On 32?
Commissioner Plummer: No. Mr. A.J. Barranco's rooster. Did you get his rooster yet? Could I
have a full report?
Mr.Odio: Yes.
Commissioner Plummer: Thank you.
NOTE FOR THE RECORD: At this point, agenda item 33 was
deferred.
-------------------------------------------------------------------------------------------------------------------
35. FIRST READING ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND
SIDEWALKS) SECTION 54-104 (NONSTANDARD STREET WIDTHS) -- MODIFY
WIDTH OF S.W. 8 AVENUE BETWEEN W. FLAGLER STREET AND S.W. 8
STREET.
Commissioner Plummer: Thirty-four, I move.
Vice Mayor Dawkins: Second.
Mayor Clark: Read the ordinance.
Mayor Clark: What's the standard width going to be, Wally?
Mr. Wally Lee (Assistant City Mangager): Fifty feet, sir.
Commissioner De Yurre: Somebody call the guy and let him know. He's been here all day.
Mayor Clark: Call the roll, Madam Clerk.
242 April 14, 1994
AN ORDINANCE
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED STREETS AND SIDEWALKS BY
AMENDING SECTION 54-104 ENTITLED "NONSTANDARD STREET WIDTHS" BY
MODIFYING THE WIDTH OF A CERTAIN STREET; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
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.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
-------------------------------------------------------------------------------------------------------------------
36. AUTHORIZE LICENSE AGREEMENT WITH THE SCHOOL BOARD OF DADE
COUNTY FOR USE OF VARIOUS PARK PLAYGROUNDS (FOR 5-YEAR PERIOD
WITH SUCCESSIVE ONE-YEAR RENEWAL PERIODS, AT THE MANAGER'S
DISCRETION) -- REIMBURSEMENT TO BE MADE TO THE CITY ON A
QUARTERLY BASIS OF 80% OF ALL MAINTENANCE RELATED EXPENSES,
INCLUDING PERSONNEL AND UTILITIES.
Mayor Clark: Item 35.
Commissioner Plummer: I think we ought to get a higher percentage.
Vice Mayor Dawkins: I move it, and I was going to... And I second it with J.L. I second J.L.'s
move, and I think it should go to seventy or seventy-five percent.
Commissioner Plummer: I think it ought to go to ninety.
Vice Mayor Dawkins: No, not ninety.
Commissioner Plummer: Let me ask you this question. What about liability? If a kid is there
from the school, and falls down, and breaks his leg, who's liable?
Mayor Clark: They're going to have to carry that liability.
Commissioner Plummer: Well, I don't think they have been in the past.
A. Quinn Jones, III, Esq. (City Attorney): I recall, and my recollection is that when we drafted
the agreement, there was a provision in there that they're required to indemnify us for any loss.
243 April 14, 1994
Commissioner Plummer: OK. How about, I'll split the difference, Miller.
Vice Mayor Dawkins: Thank you.
Commissioner Plummer: Miller, I'll split the difference with you, eighty percent.
Vice Mayor Dawkins: Eighty? OK.
Commissioner Plummer: All right? We'll try eighty percent, with them indemnifying the City.
OK?
Vice Mayor Dawkins: OK. Now other...
Commissioner Plummer: That's a resolution. That's a resolution.
Vice Mayor Dawkins: That's a resolution. It's been moved and seconded. But, again, this...
How many parks are adjacent to schools?
Ms. Ana Sardina: Under this agreement?
Vice Mayor Dawkins: No, ma'am... Well, hey, that's the only agreement we're talking about.
Ms. Sardina: Well, this agreement allows initially for seven park sites, and then as the School
Board needs to add or delete park sites to this master agreement, they will do so with the City
Manager's approval. Right now, it's seven.
Vice Mayor Dawkins: OK. How do you separate this money from the general fund, and all the
money, and earmark this money for the six parks, to insure that the parks are in good working
order, and that we have personnel to handle it? How do you do that?
Ms. Sardina: The fee is being based on a pro rata share.
Vice Mayor Dawkins: No, ma'am, no, no. Where do you put it?
Ms. Sardina: The acreage.
Vice Mayor Dawkins: No, ma'am.
Ms. Sardina: Where is it deposited, the check?
Vice Mayor Dawkins: Yes. Once you collect it, where do you put it?
Ms. Sardina: Where does the money get deposited?
Mr. Alberto Ruder: The money gets deposited in the general fund.
Vice Mayor Dawkins: Why?
Mr. Ruder: Because the general fund funds the salaries for which we get the reimbursements.
For each park, we have a listing of the staff people that are working. We submit that information
to the School Board. That money comes from the general fund to pay those staff, and once they
reimburse us, it goes back into the...
244 April 14, 1994
Vice Mayor Dawkins: What about fertilizer and equipment?
Mr. Ruder: Well, that also is charged to the School Board, and the money that we have for
fertilizer also comes from the general fund, originally.
Vice Mayor Dawkins: So it doesn't come from the general fund. The general fund advances it,
and then you reimburse the general fund.
Mr. Ruder: Right, right.
Vice Mayor Dawkins: But don't say the money is put into the general fund.
Mr. Ruder: Right.
Vice Mayor Dawkins: Because that gives a false impression. OK?
Mr. Ruder: OK.
Vice Mayor Dawkins: All right. Thank you. Call the roil.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-266
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF
DADE COUNTY, FLORIDA ("SCHOOL BOARD"), FOR THE USE OF
VARIOUS PLAYGROUNDS; SAID LICENSE AGREEMENT TO BE FOR A
FIVE-YEAR PERIOD WITH SUCCESSIVE ONE-YEAR RENEWAL PERIODS
AT THE CITY MANAGER'S DISCRETION WITH PAYMENT TO THE CITY,
ON A QUARTERLY REIMBURSEMENT BASIS OF EIGHTY PERCENT (80%)
OF ALL MAINTENANCE RELATED EXPENSES, INCLUDING PERSONNEL
AND UTILITIES EXPENSES; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE AVAILABLE TO THE SCHOOL BOARD THE USE OF
OTHER CITY -OWNED PARK AREAS AS MAY BE SELECTED FROM TIME
TO TIME BY THE SCHOOL BOARD AND APPROVED BY THE CITY
MANAGER, UPON THE TERMS AND CONDITIONS SET FORTH IN SAID
LICENSE 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: None.
ABSENT: Mayor Stephen P. Clark
245 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
37. AMEND RESOLUTION 93-729, WHICH APPROVED GRANT OF EASEMENT,
CONSISTING OF 20-FOOT STRIP OF LAND ON BICENTENNIAL PARK -- TO
CONSTRUCT / INSTALL / MAINTAIN A 36-INCH WATER MAIN -- THEREBY
CHANGING NAME OF GRANTEE CONCERNING SAID GRANT OF EASEMENT
FROM "METROPOLITAN DADE COUNTY, MIAMI DADE WATER AND SEWER
AUTHORITY DEPARTMENT" TO "METROPOLITAN DADE COUNTY."
Vice Mayor Dawkins: Item 36.
Commissioner Plummer: Thirty-six.
Mr. Cesar Odio (City Manager): Withdrawn.
Vice Mayor Dawkins: Withdrawn?
Mr. Odio: No, I'm sorry, I'm sorry. I was asked... I was going to withdraw it, and we need to
leave it on, and we need to pass this, Commissioners, because we don't want to hold up the new
sewer line going to Virginia Key.
Commissioner Plummer: Excuse me. How does that go through Bicentennial Park? I don't
understand it. Where's it coming from?
Mr. Jack Luft: From the pump station.
Mr. Odio: It's coming from the pumping station that is in Bicentennial.
Mr. Luft: The pumping station is the head end of the pipe that pushes it all the way out to
Virginia Key.
Commissioner Plummer: I thought it went across 15th Road.
Commissioner Gort: That's two, two different ones. You got two: one south, one north.
Commissioner Plummer: How much are they paying us for this, this easement?
Ms. Lori Lutes: This is one where WASA (Water and Sewer Authority) was going to provide us
in -kind services on the Commission...
Commissioner Plummer: Oh, yeah, don't hold your breath.
Ms. Lutes: ... where they were going to be installing two water main connections and one
sanitary sewer connection across the MacArthur Causeway for the City, and that is something
we would be responsible for normally.
Commissioner Plummer: What about storm water?
Ms. Lutes: I don't think, no.
Commissioner Plummer: Why not?
246 April 14, 1994
Mr. Luft: You don't need to put storm water across the causeway.
Commissioner Plummer: You don't remember the first race of the Grand Prix, do you?
Mr. Luft: No, you don't need to... The connection is to connect across the causeway so that we
can tie development or improvements on the south side with the lines that feed from the north.
Commissioner Plummer: OK. I tried.
Commissioner Gort: Move it.
Vice Mayor Dawkins: Is there a second?
Commissioner Plummer: With a proviso, if ever it is vacated, it reverts back to the City of
Miami.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-267
A RESOLUTION AMENDING RESOLUTION NO. 93-729, ADOPTED
NOVEMBER 23, 1993, WHICH APPROVED A GRANT OF AN EASEMENT,
CONSISTING OF A 20 FOOT STRIP OF LAND ON BICENTENNIAL PARK,
FOR THE PURPOSE OF CONSTRUCTING, INSTALLING AND MAINTAINING
A 36-INCH WATER MAIN, THEREBY CHANGING THE NAME OF THE
GRANTEE CONCERNING SAID GRANT OF EASEMENT, FROM
"METROPOLITAN DADE COUNTY, MIAMI DATE WATER AND SEWER
AUTHORITY DEPARTMENT" TO "METROPOLITAN DADE COUNTY";
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, ON BEHALF OF THE CITY OF MIAMI TO IMPLEMENT SAID
NAME CHANGE AND GRANT OF EASEMENT.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
247 April 14, 1994
W
-------------------------------------------------------------------------------------------------------------------
38. AMEND RESOLUTION 93-732 -- MODIFY SOUTHERN BOUNDARY OF LA
PEQUENA HABANA COMMUNITY DEVELOPMENT TARGET AREA FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PURPOSES.
Vice Mayor Dawkins: Thirty-seven.
Commissioner Gort: Move it. It's enlarging the Latin Quarters District.
Commissioner Plummer: Well, let me tell you, some people were...
Vice Mayor Dawkins: Commissioner De Yurre seconds. Any discussion?
Commissioner Plummer: Is this the one that takes in part of Coral Gate?
Commissioner Gort: No.
Commissioner Plummer: I think it is.
Mr. Carlos Smith (Assistant City Attorney): This is to remove Coral Gate out of that.
Commissioner Plummer: From out?
Mr. Smith: Yeah.
Commissioner Plummer: OK. Because that's what they were upset about.
Mr. Smith: Right.
Commissioner Plummer: OK. That's fine.
Vice Mayor Dawkins: All right. Call the roll Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-268
A RESOLUTION AMENDING RESOLUTION NO. 93-732, ADOPTED
NOVEMBER 23, 1993, BY MODIFYING THE SOUTHERN BOUNDARY OF LA
PEQUENA HABANA COMMUNITY DEVELOPMENT TARGET AREA FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PURPOSES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
248 April 14, 1994
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
---------------------------- ---------------------------------------------------------------------------------------
39. AUTHORIZE AMENDMENT TO APPROVED 17FH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL STATEMENT TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) --
TO REFLECT AN ALLOCATION INCREASE ($158,000) FOR APPROVED
PROJECT: WYNWOOD NORTHWEST 2ND AVENUE STREETSCAPE
IMPROVEMENT PROJECT -- FOR AESTHETIC AND SECURITY ELEMENTS,
INCLUDING PEDESTRIAN SCALE LIGHTING AND SIDEWALK
BEAUTIFICATION -- ACCEPT BID: PNM CORPORATION -- EXECUTE
CONTRACT. (See label 43)
-------------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Thirty-nine. We did 38.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: Thirty-nine.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Is there a second?
Commissioner Gort: Wait a minute. I request...
Vice Mayor Dawkins: Under discussion. Go right ahead.
Commissioner Gort: Under discussion. I think we... Didn't we vote against this in the... It was
not accepted?
Commissioner Plummer: No.
Mr. Cesar Odio (City Manager): No. This is the...
Commissioner Gort: This was not part of the block grant that we had before?
Mr. Odio: No, sir, this is an additional, and this is something that they've been waiting for, for
three years.
Commissioner Gort: OK.
249 April 14, 1994
M
Vice Mayor Dawkins: Call the roll, Madam Clerk.
Commissioner Plummer: How much... This is a... Wait a minute, hold on. Here we go again.
Hold on. This is an increase in a contract?
Mr. Jack Luft: No, no, no.
Commissioner Plummer: What?
Mr. Odio: This has not been done. This has not been done.
Mr. Luft: No. The community wanted...
Commissioner Plummer: This says to reflect an allocation increase of $158,000 from the prior
CDBG (Community Development Block Grant) fund, program years.
Mr. Odio: We didn't have that much in it, so now we have, and we're going ahead with the
project.
Vice Mayor Dawkins: An approved project entitled.
Mr. Luft: Correct.
Vice Mayor Dawkins: That's right, that's the same thing J.L. has been saying.
Commissioner Plummer: We have a company called PNM. How much are they receiving?
Mr. Luft: Can I explain?
Commissioner Plummer: If you answer my question, I'll give you time to explain.
Mr. Luft: They're receiving whatever the contract amount is that we approved.
Commissioner Plummer: Then I'm not approving it until I know how much it is. You can't ask
me to vote on...
Mr. Luft: The bid amount that we're awarding is $295,375.
Commissioner Plummer: Where's the rest of... And this was a bid?
Mr. Luft: This is a bid.
Commissioner Plummer: How many bids did you receive?
Mr. Luft: Three.
Vice Mayor Dawkins: And you're adding $158,000 to that?
Mr. Luft: No, sir. No, sir. What we're doing is, we're taking an original project that we went to
the community with for beautification. They came back to us, this is the community, and said,
"We would like you to add street lights to this project, because we need safety on our streets."
So to do that, we need to add the $158,000 to add a project. That's all.
250 April 14, 1994
MI
Vice Mayor Dawkins: It's been moved and seconded. That's OK, Jack. Call the roll, Madam
Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-269
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED SEVENTEENTH (17) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FINAL
STATEMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) TO REFLECT AN ALLOCATION INCREASE
OF $158,000 FROM PRIOR CDBG PROGRAM YEARS FOR AN APPROVED
PROJECT ENTITLED "WYNWOOD NORTHWEST 2ND AVENUE
STREETSCAPE IMPROVEMENTS PROJECT" FOR AESTHETIC AND
SECURITY ELEMENTS INCLUDING PEDESTRIAN SCALE LIGHTING AND
SIDEWALK BEAUTIFICATION; ACCEPTING THE BID OF PNM
CORPORATION PURSUANT TO THE PROVISIONS OF ORDINANCE NO.
11087, THEREBY IMPLEMENTING THE LOCAL PREFERENCE PROVISION
OF SECTION 29-A OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA;
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH PNM CORPORATION, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR AN AMOUNT NOT TO
EXCEED THE LOWEST BID RECEIVED FOR THIS PROJECT.
(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
NAYS: None
ABSENT: Mayor Stephen P. Clark
Commissioner De Yurre
-------------------------------------------------------------------------------------------------------------------
40. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
ACCEPT PROPOSAL OF MOTOROLA COMMUNICATIONS & ELECTRONICS,
INC. -- TO PROVIDE A TURNKEY FIRE STATION ALERTING SYSTEM ON A
LEASED PURCHASE BASIS-- FOR FIRE -RESCUE DEPARTMENT.
Vice Mayor Dawkins: Forty. Item 40.
Mr. Cesar Odio (City Manager): To accept the proposal of Motorola to provide a turnkey fire
station alerting system.
251 April 14, 1994
Commissioner Plummer: I'll tell you something. You people keep giving bids to Motorola. I
just gave the Manager another slam against Motorola. This is the fifth one they've screwed up.
From what I understand, the State of Florida, the Highway Patrol are deserted out there on the
streets, and I'll tell you, y'all better start considering your... Everything is Motorola, Motorola.
Vice Mayor Dawkins: Is that to say you move it?
Commissioner Plummer: Was there any other company out there to do this job?
Chief Carlos Gimenez: No.
Commissioner Plummer: Why?
Chief Gimenez: We put it out to bid. This is...
Commissioner Plummer: Was it so designed that no one else could have it?
Chief Gimenez: No, absolutely not. We put out the bids, and Motorola is the only one that came
back with a bid.
Vice Mayor Dawkins: Do you second, Commissioner Gort?
Commissioner Plummer: I would like to defer this until the next meeting. I'd like to see if...
Vice Mayor Dawkins: All right. Anybody second the deferral?
Commissioner Gort: Go ahead.
Commissioner Plummer: I'd like to defer it until the next meeting.
Vice Mayor Dawkins: All right. Call the roll on the deferral.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-270
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 40 (PROPOSED
RESOLUTION TO ACCEPT PROPOSAL OF MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC., TO PROVIDE A TURNKEY
FIRE STATION ALERTING SYSTEM ON A LEASED PURCHASE BASIS, FOR
A FIVE YEAR PERIOD, AT AN ANNUAL COST OF $54,447.58 FOR A TOTAL
PROPOSED AMOUNT OF $244,461), DEFERRING SAID ISSUE TO THE NEXT
CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL 28TH;
FURTHER DIRECTING THE CITY ADMINISTRATION TO PROVIDE THE
COMMISSION WITH A COPY OF ALL BIDS RECEIVED IN CONNECTION
WITH THIS ISSUE.
252 April 14, 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
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Excuse me. I'm also asking for a copy of the bids, please.
-------------------------------------------------------------------------------------------------------------------
41. ACCEPT BIDS: (1) COMMUNITY TIRE CENTER; (2) FEDAN TIRE COMPANY;
(3) MARTINO TIRE COMPANY; (4) SOUTH DADE AUTOMOTIVE; (5) BALADO
NATIONAL TIRE, INC.; (6) LYNN STRICKLAND; (7) GOODYEAR CT & CS; (8)
MIAMI TIRESOLES, INC., AND (9) SOUTHWEST CYCLE -- FOR FURNISHING
VEHICLE TIRES AND TUBES -- FOR (a) DEPARTMENT OF GSA & SOLID
WASTE / FLEET MANAGEMENT DIVISION, AND (b) FIRE -RESCUE
DEPARTMENT / SUPPORT SERVICES DIVISION -- MAY EXERCISE OPTION TO
EXTEND SUBJECT TO AVAILABILITY OF FUNDS.
Vice Mayor Dawkins: Forty-one.
Commissioner Gort: Forty-one is the allocation...
Vice Mayor Dawkins: Tires.
Commissioner Gort: I move it.
Vice Mayor Dawkins: There's only three of us, J.L. You have to second so we can get out of
here.
Commissioner Plummer: Oh, hello. I second.
Vice Mayor Dawkins: All right. Call the roll, Madam Clerk.
Commissioner Plummer: I'm trying to go back to this one up there in Wynwood. What number
was that, 39?
Vice Mayor Dawkins: Call the roll.
253 April 14, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-271
A RESOLUTION ACCEPTING THE BIDS OF VARIOUS SUPPLIERS FOR THE
FURNISHING OF VEHICLE TIRES AND TUBES, ON A CONTRACT BASIS
FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR ONE (1)
ADDITIONAL ONE (1) YEAR PERIOD FOR THE GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE DEPARTMENT/FLEET
MANAGEMENT DIVISION AND THE FIRE -RESCUE DEPARTMENT/
SUPPORT SERVICES DIVISION AT AN ESTIMATED PROPOSED ANNUAL
COST OF $300,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1993-94
AND 1994-95 OPERATING BUDGETS OF THE GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE DEPARTMENT ACCOUNT CODE
NOS. 421601-721 ($126,500.00), 421701-721 ($126,500.00) AND FIRE RESCUE
DEPARTMENT ACCOUNT CODE NO. 280701-721 ($47,000.00);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE
SUPPLIES AND THEREAFTER TO EXTEND THESE CONTRACTS FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICES, 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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
-------------------------------------------------------------------------------------------------------------------
42. (Continued) BRIEF COMMENTS CONCERNING PREVIOUSLY ADOPTED
RESOLUTION AUTHORIZING AMENDMENT TO APPROVE 17TH YEAR CDBG
PROGRAM FINAL STATEMENT TO REFLECT AN ALLOCATION, AS MORE
FULLY OUTLINED IN LABEL 40 ABOVE (See label 40).
Vice Mayor Dawkins: Forty-two.
Commissioner Plummer: I'm sorry. Excuse me, Mr. Vice Mayor.
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: I would like to go back to item 39.
254 April 14, 1994
Vice Mayor Dawkins: All right, sir.
Commissioner Plummer: I have absolutely nothing in my backup or in my folder showing me
the bids. I have nothing. I would ask this matter, until I see the bids...
Mr. Wally Lee: Commissioner, that was delivered to your office.
Commissioner Plummer: Sir, it's not in here. I don't have it.
Vice Mayor Dawkins: OK. Well, we will pass it and give J.L. the right to...
Commissioner Plummer: Giving me 72 hours to look at the bids.
Vice Mayor Dawkins: ... to reject it if we bring it back. OK, J.L.?
Commissioner Plummer: Seventy-two hours is fine.
Vice Mayor Dawkins: OK, good. All right. All right, sir.
-------------------------------------------------------------------------------------------------------------------
43. FUND 1994 FLORIDA POLICE CHIEFS TRAINING CONFERENCE -- ALLOCATE
$15,000 FROM LETF.
-------------- ----------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: All right, 42.
Commissioner Plummer: Forty-two. Where is the money coming from?
Mr. Cesar Odio (City Manger): LETF.
Commissionr Plummer: And is it seed money, or is it outright grant money?
Vice Mayor Dawkins: A grant.
Chief Raymond Martinez: Outright grant money.
Commissioner Plummer: And you're saying to me, just for the record...
Mayor Clark: J.L., it's 7:00 o'clock.
Commissioner Plummer: ... that a party put on by the Police Department is the best money that
you can spend for fighting crime in this community?
Chief Martinez: No, sir. This money is...
Commissioner Plummer: WeII, what are you saying to me?
Chief Martinez: This conference is a training conference by the State of Florida for the police
chiefs. The money that we're specific...
Commissioner Plummer: And who else is contributing to this?
255 April 14, 1994
Chief Martinez: We've asked - and I gave you a proposed budget - we have asked Metro -Dade
for some money. We've asked some other local agencies, North Miami Beach Police
Department, Hialeah, South Miami, North Bay Village, Homestead, Coral Gables.
Commissioner Plummer: All right, sir, OK. I'll accept that you've asked. Have you received?
Chief Martinez: We have received some and we have received commitments to contribute.
Commissioner Plummer: All right. And you're indicating to me that there will be no drinking,
and no eating, and no dining at...
Mayor Clark: Paid for.
Commissioner Plummer: ... paid for? They will be paying their own way at this thing?
Chief Martinez: No, sir. What I'm saying is, the City money is used to rent the venue, and to
provide some of the activities that I listed on here with the youth. We have asked specific
sponsors, such as the PBA (Police Benevolent Association), the FOP (Fraternal Order of Police),
and Lou's Gunshop to host the Hospitality Room.
Mayor Clark: OK. Is that a motion on...
Commissioner Plummer: Yeah, well, I... Mr. Mayor, I'm going to bring back at the next
meeting the international police chiefs, because I've got some numbers that are going to blow
your socks off from Law Enforcement Trust Fund. Next meeting, yeah.
Mayor Clark: All right. Motion and a second on the item.
Commissioner Gort: It's been moved and seconded.
Mayor Clark: Cast a unanimous ballot, there's no exception.
256 April 14, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-272
A RESOLUTION AUTHORIZING THE FUNDING OF THE 1994 FLORIDA
POLICE CHIEFS TRAINING CONFERENCE, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA
STATE STATUTE, CHAPTER 932.7055, AND BEING SUBJECT TO
APPLICABLE CITY CODE PROCUREMENT PROVISIONS.
(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
-------------------------------------------------------------------------------------------------------------------
44. FUND "PUSH OUT THE PUSHER" (P.O.P.) PROGRAM -- ALLOCATE $24,000
FROM LETF.
Mayor Clark: A resolution authorizing the funding of the P.O.P. (Push out the Pusher) Program.
Commissioner Plummer: That's Miller's.
Mayor Clark: All right. Are you going to move it, Mr. Dawkins?
Commissions r Gort: It's "Push Out," Mr. Dawkins.
Mayor Clark: "Push out the Pushers."
257 April 14, 1994
Commissioner Plummer: Push out Plummer.
Vice Mayor Dawkins: Move it, however reluctantly.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-273
A RESOLUTION AUTHORIZING THE FUNDING OF THE "PUSH OUT THE
PUSHER" (P.O.P.) PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN
THE AMOUNT OF $24,000, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, INDEX CODE 029002-247, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055.
(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
-------------------------------------------------------------------------------------------------------------------
45. AUTHORIZE NEGOTIATION / EXECUTION OF PROFESSIONAL SERVICES
AGREEMENT WITH METCALF & EDDY, INC. -- FOR PREPARATION OF A
REMEDIAL ACTION PLAN FOR CONTAMINATION REMEDIATION AT CITY'S
HEAVY EQUIPMENT FACILITY -- ALLOCATE $99,400.
Mayor Clark: Item 44.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: With no exception, Madam Clerk, cast a unanimous ballot.
258 April 14, 1994
N
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-274
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM OF METCALF &
EDDY, INC., IN AN AMOUNT NOT TO EXCEED $99,400 FOR PREPARATION
OF A REMEDIAL ACTION PLAN FOR CONTAMINATION REMEDIATION
AT THE CITY'S HEAVY EQUIPMENT FACILITY; AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $99,400, FROM
CAPITAL IMPROVEMENT PROJECT NO. 311009, AS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10938, AS AMENDED.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------- -------------------------------------------------------------------------------------
46. ACCEPT BID: TECINA INTERNATIONAL, INC. -- FOR PROJECT ENTITLED:
PEACOCK PARK REDEVELOPMENT PROJECT, B-6205.
Mayor Clark: Item 45. Forty-five, Peacock Park Redevelopment Project.
Commissioner Plummer: I do have the bids. Hold on.
Commissioner Gort: I don't.
Commissioner Plummer: Here, you want to look on mine?
Mr. Wally Lee: The low bidder was Tecina International, Inc.
Mayor Clark: How much?
Mr. Lee: And his base bid was $60,339.46.
Mayor Clark: Who's doing your estimation?
Mr. Lee: Our department, the Public Works. Now, could I qualify this?
259 April 14, 1994
M
Mayor Clark: Yeah.
Mr. Lee: We had approximately ten bids. If you'll notice in the packet, the second lowest
bidder was 90,000, and you go up from there. We were very concerned, because this is an
extremely low bid. So what we did was, we discussed the price with them. We spoke to the
City of Miami Beach, where they're doing two jobs right now, and got very good reference from
them. And in addition to, we're requiring a performance bond for this amount.
Mayor Clark: Well, that's good, you got a performance bond.
Mr. Lee: So we won't get into a legal tangle if he walks away in the middle of the job, sir.
Commissioner Plummer: It's just amazing, Mr. Mayor, you know better than I do, that the low
bid was sixty thousand, and the high bid, very quickly, that I read here, was a hundred and
eighty-five. Incredible.
Mayor Clark: What's this basically consist of, redevelopment?
Mr. Lee: Just putting in a ball field, earth work, some slabs, dugout fencing, irrigation system,
guardrails.
Mayor Clark: Who is the qualified low bidder?
Mr. Lee: Pardon, sir?
Mayor Clark: Who is the qualified low bidder?
Mr. Lee: Tecina International, Inc.
Mayor Clark: And they have done work before here?
Mr. Lee: No, sir, but they're doing work right now for the City of Miami Beach.
Commissioner Plummer: Who is Enrique Nunez?
Mr. Lee: He's our landscape architect.
Commissioner Plummer: You ought to fire him. He estimated $135,000, and we got it for better
than half of that.
Mr. Lee: Well, sir, no, sir, that's the base.
Vice Mayor Dawkins: No, he didn't, but you go with the highest bid, J.L. He was close to the
highest bid.
Mr. Lee: That's the base bid, Commissioner.
Mayor Clark: Is there a motion on the item?
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
260 April 14, 1994
Commissioner Gort: Second.
Commissioner Plummer: Yeah, go ahead.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-275
A RESOLUTION ACCEPTING THE BID OF TECINA INTERNATIONAL, INC.,
IN THE PROPOSED AMOUNT OF $105,369.46, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED PEACOCK PARK
REDEVELOPMENT PROJECT B-6205; ALLOCATING FUNDS THEREFOR
FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE
NO. 10938, AS AMENDED OCTOBER 14, 1993 BY ORDINANCE NO. 11094,
PROJECT NO. 331359, IN THE AMOUNT OF $98,159.46 AND HURRICANE
INSURANCE REIMBURSEMENT PROJECT NO. 332445, IN THE AMOUNT OF
$7,210.00 TO COVER THE CONTRACT COST AND $26,233.30 TO COVER
THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$131,602.76; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
261 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR COCONUT
GROVE SIDEWALK REPAIR PROJECT, SECOND BIDDING, B-4563 (CIP
341175) -- EXECUTE CONTRACT.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Sidewalk contract, 46. Estimate, one seventy-eight. This is how much? One
seventy -five -two -fifty.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second. No, one seventy-six... How much?
Commissioner Gort: One seventy-five.
Mayor Clark: One seventy -five -two -fifty.
Mr. Wally Lee: We're recommending Royal Engineering, even though they...
Commissioner Plummer: Oh, they're not the low bidder.
Mr. Lee: That's correct, sir. However, the lowest bidder, J.P. Tile, did not have the proper
contracting license, and the second lowest...
Commissioner Plummer: Well, then, they're not a bidder.
Mr. Lee: So that disqualifies them.
Commissioner Plummer: Well, why do you even put them on the list if they're not a bidder?
Mr. Lee: Well, because they bid, and we opened their bid, sir, and we have to list them.
Commissioner Plummer: OK. Now...
Mr. Lee: And the second lowest, F&L Construction, did not fill the minority requirements that
we have in our bid documents.
Mayor Clark: You follow the law. The estimate is two -sixty. It's down to one seventy-five. Is
there a motion?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Ten percent...
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: May I inquire, Mr. Mayor.
262 April 14, 1994
Commissioner Plummer: This company at 272 Northeast 60th Street, did you compute the ten
percent for City?
Mr. Lee: Yes, sir, I did, and they, also, did not comply with the minority requirements of the
bid, and in addition, there's a very serious question as to if they really are located at that place.
Mayor Clark: All right.
Mr. Lee: We were duly informed.
Mayor Clark: All right, that's passed.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-276
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $175,250.00,
TOTAL BID OF THE PROPOSAL, FOR "COCONUT GROVE SIDEWALK
REPAIR PROJECT SECOND BIDDING B-4563"; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 341175, AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10938, AS AMENDED,
IN THE AMOUNT OF $175,250.00 TO COVER THE CONTRACT COST AND
$29,150.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL PROJECT COST OF $204,400.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
263 April 14, 1994
--------------------------------------------------------•----------------------------------------------------------
48. ACCEPT BID: J.C.I. INTERNATIONAL, INC. -- FOR CITYWIDE SIDEWALK
REPLACEMENT PROJECT - PHASE V, B-4558 (CIP 341175) -- EXECUTE
CONTRACT.
Mayor Clark: Now, on the next item, the estimate is two -fifty, and it's two -fifty-two.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Commissioner Plummer: This is item 48, Mr. Mayor?
Mayor Clark: Forty-seven.
Mr. Wally Lee: Forty-seven. The low bidder was J.C.I. International.
Mayor Clark: You've done work before here.
Mr. Lee: Two hundred and fifty-two thousand, zero -fifty, and ten cents.
Mayor Clark: All right. With no exception, cast a unanimous ballot.
Commissioner Plummer: Hold on. Mr. Mayor, we used to have, and I'm questioning why we
don't anymore, who were the principals of these organizations, and who were the stockholders.
Huh?
Mr. Lee: We never did that.
Commissioner Plummer: On construction companies? On the ones that were going to be
awarded? Whether they are a minority company?
Mr. Lee: Well, sir, I don't recall that... Oh, yes, we do. I'm sorry.
Commissioner Plummer: Whether or not they're in Dade County?
Mr. Lee: Yes. If you look in the tabulation of bid attached in your package, you'll see the name
of the bidder, the address, located in the City of Miami - a "no" on this one - the bid amount, et
cetera, and the irregularities.
Commissioner Plummer: OK.
Mayor Clark: Motion and a second. With no exception, Madam Clerk, cast a unanimous ballot.
264 April 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-277
A RESOLUTION ACCEPTING THE BID OF J.C.I. INTERNATIONAL, INC. IN
THE PROPOSED AMOUNT OF $252,050.10, TOTAL BID OF THE PROPOSAL,
FOR CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE V, B-4558,
WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO. 341175, IN
THE AMOUNT OF $252,050.10 TO COVER THE CONTRACT COST AND
$43,438.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $295,488.10; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID. FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
49. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE COMPETITIVE
SEALED BID PROCEDURES FOR PROCUREMENT OF ENVIRONMENTAL
MONITORING AND TESTING SERVICES TO BE PERFORMED AT THE CITY'S
SAWYER PROPERTY (801 N.W. 2 AVENUE) -- ALLOCATE $5,000 FROM
SOUTHEAST OVERTOWN PARK WEST TRUST.
Mayor Clark: Item 49.
Vice Mayor Dawkins: Forty-eight.
Mayor Clark: Forty-eight.
Mr. Cesar Odio (City Manager): This is an action already taken, Mr. Mayor. You have to ratify
it. It was an emergency.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: On Sawyer's property.
Mayor Clark: Is there a second?
265 April 14, 1994
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-278
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE
MEMBERS OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE
SEALED BID PROCEDURES FOR THE PROCUREMENT OF
ENVIRONMENTAL MONITORING AND TESTING SERVICES TO BE
PERFORMED AT THE CITY'S SAWYER PROPERTY LOCATED AT 801
NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN
EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST
RESPONSIVE AND RESPONSIBLE BID FOR SAID SERVICES AT SAID
PROPERTY; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $5,000 FOR SAID SERVICES FROM THE "SOUTHEAST
OVERTOWN PARK WEST TRUST," ACCOUNT NO. 550108-340, PROJECT
NO. 689001; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER.
(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
266 April 14, 1994
-- ----------------------------------------------------------------------------------------------------------------
50. ACCEPT BID: ZURQUI CONSTRUCTION SERVICE, INC. -- FOR PAN
AMERICAN DRIVE MEDIAN IMPROVEMENTS PROJECT (2ND BIDDING), B-
2993-A.
Mayor Clark: Forty-nine.
Mr. Cesar Odio (City Manager): This is improvement to Pan American Drive, which is right in
front.
Mayor Clark: What about the lighting, Wally?
Mr. Wally Lee: Mr. Mayor, as you well know, there were alternates on this job. In our
estimation, the quotation that he gave us for lighting is extremely expensive, and I feel that by
the City purchasing these poles and installing them themselves will save the City substantial
money.
Mayor Clark: Very good. Can we do it on time? We want to get this thing done.
Mr. Lee: Yes, sir. I estimate once we get the go ahead and get the... From this point on, in four
months, sir.
Mayor Clark: OK. A motion and a second.
Commissioner Plummer: You show two companies, but you only show the prices on one.
Mayor Clark: The low bidder.
Mr. Lee: When he submitted his...
Commissioner Plummer: No, the other one, I don't even know whether it's low or high.
Mr. Lee: He wrote on the outside of his submittal, "no bid," so he actually didn't submit
anything.
Mayor Clark: OK. Cast a unanimous ballot, Madam Clerk.
267 April 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-279
A RESOLUTION ACCEPTING THE BID OF ZURQUI CONSTRUCTION
SERVICE, INC., IN A PROPOSED AMOUNT NOT TO EXCEED $24,350.00,
TOTAL BID OF THE PROPOSAL, FOR PAN AMERICAN DRIVE MEDIAN
IMPROVEMENTS PROJECT (2ND BIDDING), B-2993-A; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT ORDINANCE NO.
10938, PROJECT NO. 415002, IN THE AMOUNT OF $24,350.00 TO COVER
THE CONTRACT COST AND $4,052.93 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $28,402.93;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NOTE FOR THE RECORD: At this point, agenda items 50, 51,
52, 53, and 54 were withdrawn.
-------------------------------------------------------------------------------------------------------------------
51. CONFIRM APPOINTMENT OF SANITATION EMPLOYEES' ASSOCIATION
DESIGNEE TO THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST. (Appointed was: Peter Joffre.)
Mr. Cesar Odio (City Manager): The only item you have left, Mr. Mayor, is 55.
Ms. Hirai: Yes.
Vice Mayor Dawkins: Fifty-five?
Mayor Clark: Fifty-five. We go to 55.
Vice Mayor Dawkins: Mr. Mayor, you're on a roll.
268 April 14, 1994
Commissioner Plummer: Who do they recommend?
Mr. Odio: Peter Joffre.
Commissioner Plummer: And he was elected by?
Mr. Odio: SEA (Sanitation Employees Association).
Commissioner Plummer: By SEA? I move.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-280
A RESOLUTION CONFIRMING THE APPOINTMENT OF THE SANITATION
EMPLOYEES' ASSOCIATION DESIGNEE TO THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST FOR A TERM AS DESIGNATED.
(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
-------------------------------------------------------------------------------------------------------------------
52. BRIEF COMMENTS CONCERNING PROPOSED CHANGE OF START TIME FOR
THE CITY COMMISSION MEETING SCHEDULED FOR APRIL 28, 1994. (See label
60)
Mayor Clark: We've got to get a motion to move the April 28th meeting to 3 p.m.
Vice Mayor Dawkins: So moved.
Commissioner Plummer: Which April?
Mayor Clark: April 28th.
269 April 14, 1994
Commissioner Plummer: Boy, but if we do that, aren't we going to, though, have the
evaluations?
Mayor Clark: That's May.
Commissioner Plummer: Oh, I'm sorry. April... Fine with me.
-------------------------------------------------------------------------------------------------------------------
53. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO EXPEND $15,000
TO INSTALL AN IRRIGATION SYSTEM IN SOUTH END OF MILDRED AND
CLAUDE PEPPER BAYFRONT PARK.
Vice Mayor Dawkins: Mr. Mayor, I have two pocket items, please.
Mayor Clark: All right.
Commissioner Plummer: I've got a number of them, but they're all on the same issue.
Vice Mayor Dawkins: No, you only got two. That's all we got.
Commissioner Plummer: I'm going to cut your water off.
Mayor Clark: OK. Come on, let's go.
Vice Mayor Dawkins: OK. All right. A resolution authorizing the Bayfront Management Park
Trust to expend an amount not to exceed $15,000 to install an...
Commissioner Plummer: Wait a... Go ahead, go ahead.
Vice Mayor Dawkins: They gave it to me and told me you said do it.
Commissioner Plummer: Go ahead. I second the motion.
Mayor Clark: Cast a unanimous ballot.
270 April 14, 1994
es
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-281
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO EXPEND AN AMOUNT NOT TO EXCEED $15,000 TO INSTALL
AN IRRIGATION SYSTEM IN THE SOUTH END OF THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
54. CODESIGNATE N.W. 9 STREET FROM N.W. 3 AVENUE TO N.E. 2 AVENUE AS:
WILLIE WATERS WAY.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: What's the other one?
Vice Mayor Dawkins: All right. My other one is a resolution related to... OK, hold it.
Codesignation, a recommendation to codesignate Northwest 9th Street to the Willie Waters Way.
This was asked for by the Fire Department and for citizens. It has been before the codesignation
board.
Commissioner Plummer: I second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
Vice Mayor Dawkins: OK.
271 April 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-282
A RESOLUTION CODESIGNATION NORTHWEST 9TH STREET FROM
NORTHWEST 3RD AVENUE TO NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, AS "WILLIE WATERS WAY"; WAIVING THE LIMITATION OF
SECTION 54-91(5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, WHICH PROVIDES THAT NUMBERED STREET
CODESIGNATION SHALL NOT EXCEED FIVE (5) BLOCKS IN LENGTH;
FURTHER, DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
55. GRANT REQUEST BY THE TASTE OF HEALTH, INC. FOR A ONE -DAY PERMIT
FOR SALE OF ALCOHOLIC BEVERAGES DURING THEIR EVENT (APRIL 24,
1994).
Vice Mayor Dawkins: OK. And the other one is a resolution related to the Taste of Health, to
be conducted April 24, 1994, by the Taste of Health, Inc., authorizing a one -day permit for the
sale of alcoholic beverage in the area during the event, subject to the issuance of all permits
required by law, conditioning all approvals and authorizations granted herein upon the
organizers paying for all necessary costs of City services and fees associated with said event. I
so move.
272 April 14, 1994
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-283
A RESOLUTION RELATED TO THE TASTE OF HEALTH EVENT TO BE
CONDUCTED ON APRIL 24, 1994 BY THE TASTE OF HEALTH, INC.;
AUTHORIZING A ONE -DAY PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES DURING THE EVENT, IN THE AREA OF MAIN HIGHWAY,
COMMODORE PLAZA, MCFARLANE ROAD, GRAND AVENUE AND
SOUTH BAYSHORE DRIVE IN COCONUT GROVE, MIAMI, FLORIDA;
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW;
CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED
HEREIN 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 Plummer, 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
273 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
56. EXTEND CONTRACT WITH MET CONSTRUCTION, INC. TO COMPLETE THE
CENTRAL PLAZA IN SOUTH END OF MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I have, Mr. Mayor, following up on the rest of them all...
Mayor Clark: They're all the same...
Commissioner Plummer: A resolution with attachments authorizing the City Manager to extend
the contract to a form acceptable to the City Attorney with Met Construction to complete the
Central Plaza at the south end of Mildred and Claude Pepper Bayfront Park; further authorizing
the City Manager to increase said contract in an amount not to exceed $35,000, allocating funds
therefrom for capital improvement program funds.
Mr. Cesar Odio (City Manager): Is there a change order?
Commissioner Plummer: Yes, sir. It's a change order by your Administration, not mine.
Mayor Clark: I invoke the four -day rule - five-day rule. Did you vote on that?
Mayor Clark: Yeah.
Commissioner Plummer: All right.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-284
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXTEND THE CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH MET CONSTRUCTION, INC., TO COMPLETE
THE CENTRAL PLAZA IN THE SOUTH END OF MILDRED AND CLAUDE
PEPPER BAYFRONT PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO INCREASE SAID CONTRACT IN AN AMOUNT NOT TO
EXCEED $35,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
274 April 14, 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
-------------------------------------------------------------------------------------------------------------------
57. ALLOCATE $150,000 (FROM CITY MANAGER'S DISCRETIONARY BUDGET)
FOR BAYFRONT PARK MANAGEMENT TRUST, TO ENABLE THE TRUST TO
OPERATE / MAINTAIN BICENTENNIAL PARK FOR REMAINDER OF FY 1993-
94.
Commissioner Plummer: A resolution, with attachment, authorizing an allocation of one
hundred and fifty from the City Manager's discretionary budget for the Bayfront Park
Management Trust to enable the Trust to operate and maintain Bicentennial Park for the
remainder of the fiscal year 1993 and '94. I so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded. Cast a unanimous ballot.
Vice Mayor Dawkins: And that's your last one.
Commissioner Plummer: No, sir.
Vice Mayor Dawkins: Yes, it is.
275 April 14, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-285
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING AN
ALLOCATION OF $150,000 FROM THE CITY MANAGER'S
DISCRETIONARY BUDGET FOR THE BAYFRONT PARK MANAGEMENT
TRUST, TO ENABLE THE TRUST TO OPERATE AND MAINTAIN
BICENTENNIAL PARK FOR THE REMAINDER OF THE FISCAL YEAR
1993/94.
(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
---------------------------------------- -------------------------------------------------------------------------
58. CREATE A SECURITY DISTRICT BOUNDED BY BISCAYNE BAY ON THE
EAST, BISCAYNE BOULEVARD ON THE WEST, INTERSTATE 395 ON THE
NORTH AND HOTEL INTERCONTINENTAL ON THE SOUTH, INCLUDING
BICENTENNIAL PARK, FEC PROPERTY, BAYSIDE MARKETPLACE, MILDRED
AND CLAUDE PEPPER BAYFRONT PARK, AND HOTEL
INTERCONTINENTAL -- ALLOCATE $70,000.
Commissioner Plummer: You want to hear the last one, or I'm going to cut your water off. A
resolution creating a security district to consist of an area bounded by Biscayne Bay on the east,
Biscayne Boulevard on the west, Interstate 395 on the north, and the Hotel Intercontinental on
the south, including Bicentennial Park, the FEC (Florida East Coast) property, Bayside
Marketplace, the Mildred and Claude Pepper Bayfront Park, and the Hotel Intercontinental, the
Bayfront Park area; further authorizing the Bayfront Park Management Trust to seek bids for
provision of security services for the Bayfront Park Marina area in an amount not to exceed
$70,000, allocating forty from the City of Miami general operating fund, and the balance to be
paid by the Bayfront Park Management Trust, Bayside Marketplace, and the Hotel
Intercontinental. I so move.
Vice Mayor Dawkins: Second. And, J.L., you will not get away with this again. Two only.
Mayor Clark: Cast a unanimous ballot.
276 April 14, 1994
Commissioner Plummer: What?
Vice Mayor Dawkins: Two.
Commissioner Plummer: No, it's only one, really.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-286
A RESOLUTION CREATING A SECURITY DISTRICT TO CONSIST OF THE
AREA BOUNDED BY BISCAYNE BAY ON THE EAST, BISCAYNE
BOULEVARD ON THE WEST, INTERSTATE 395 ON THE NORTH AND THE
HOTEL INTERCONTINENTAL ON THE SOUTH INCLUDING
BICENTENNIAL PARK, THE FEC PROPERTY, BAYSIDE MARKETPLACE,
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK AND THE HOTEL
INTERCONTINENTAL (THE "BAYFRONT AREA"); FURTHER,
AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST (THE
"TRUST") TO SEEK BIDS FOR PROVISION OF SECURITY SERVICES FOR
THE BAYFRONT AREA, IN AN AMOUNT NOT TO EXCEED $70,000;
ALLOCATING $40,000 FROM THE CITY OF MIAMI GENERAL OPERATING
FUND AND THE BALANCE TO BE PAID BY THE BAYFRONT PARK
MANAGEMENT TRUST, BAYSIDE MARKETPLACE AND THE HOTEL
INTERCONTINENTAL.
(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
277 April 14, 1994
-------------------------------------------------------------------------------------------------------------------
59. (Continued) SET START TIME FOR COMMISSION MEETING SCHEDULED FOR
APRIL 28, 1994 TO BEGIN AT 3 P.M.. (See label 53)
Mayor Clark: Gentlemen, gentlemen, we need a motion on moving the meeting on the 28th to
3:00 p.m.
Vice Mayor Dawkins: So moved.
i
Mayor Clark: Is there a second?
i
Commissioner Plummer: I thought it was 2:00 p.m. Yeah, I second it.
Ms. Matty Hirai (City Clerk): Two p.m., yeah.
Mayor Clark: What?
Commissioner Plummer: Fine with me.
Ms. Hirai: It was changed to 2:00 p.m. before, Mr. Mayor?
Mayor Clark: No, 3:00 p.m.
Ms. Hirai: Oh, 3:00 p.m.
Commissioner Plummer: I thought it was, yeah.
Mayor Clark: You can cast a unanimous ballot, Madam Clerk.
Ms. Hirai: Yes, sir.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-287
A RESOLUTION RESCHEDULING THE APRIL 28, 1994 CITY COMMISSION
MEETING TO CONVENE AT 3:00 P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
278 April 14, 1994
.fr4r:T�
Upon being seconded by Commissioner Plummer, 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: I Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
60. (A) AWARD BID FOR PROFESSIONAL BOND COUNSEL SERVICES TO
HOLLAND AND KNIGHT (IN CONJUNCTION WITH KUBICKI DRAPER
LAW FIRM) IN CONNECTION WITH THE $28 MILLION REFUNDING
ISSUE.
(B) AWARD BID FOR PROFESSIONAL BOND COUNSEL SERVICES TO
GREENBERG TRAURIG, ET AL. (IN CONJUNCTION WITH THE
McCRARY AND MOSLEY LAW FIRM) CONCERNING A $10 MILLION
REFUNDING ISSUE.
Mayor Clark: Anything else?
A. Quinn Jones, III, Esq. (City Attorney): Yes. Mr. Mayor, I have one item.
Vice Mayor Dawkins: Hold it. The City Clerk said he had something - I mean the City
Attorney, Mr. Mayor.
Mayor Clark: All right. What is it?
Mr. Jones: You passed a resolution on the twenty-eight million dollar refunding, and the ten
million dollar refunding, and you directed me to go out for bids and come back to you with the
low bidders.
Mayor Clark: Yeah.
Mr. Jones: And I'd like to go ahead and get this, because the finance director is... The longer
we wait, then the more money we lose. The successful bidder on the twenty-eight million
refunding was Holland and Knight, in conjunction with Kubicki, Draper, with a cost of - let's see
here... A cost of $15,000 for negotiated issue, and $2,500 in expenses.
Commissioner Plummer: You recommend it?
Mr. Jones: Yes.
Commissioner Plummer: So moved.
Mr. Jones: On the ten...
279 April 14, 1994
Mayor Clark: Hold it.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-288
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE
LOW BIDDING LAW FIRM OF HOLLAND & KNIGHT IN CONJUNCTION
WITH THE MINORITY FIRM OF KUBICKI, DRAPER, GALLAGHER,
MCGRANE TO PROVIDE BOND COUNSEL SERVICES FOR THE $28,000,000
BOND REFUNDING ISSUE; ALLOCATING FUNDS THEREFOR FOR SAID
SERVICES, IN AN AMOUNT NOT TO EXCEED $15,000, PLUS EXPENSES, IN
AN AMOUNT NOT TO EXCEED $2,500.
(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
Mr. Jones: On the ten million dollar refunding, the low bidder was Greenberg, Traurig, $20,000
for fees, and in conjunction with McCrary Mosley, with expenses at $3,250.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: No exception, cast a unanimous ballot.
280 April 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-289
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE
LOW BIDDING LAW FIRM OF GREENBERG TRAURIG HC?°;FMAN LIPOFF
ROSEN & QUENTEL IN CONJUCTION WITH THE MINORITY FIRM OF
MCCRARY AND MOSELEY TO PROVIDE BOND COUNSEL SERVICES FOR
THE $10,000,000 BOND REFUNDING ISSUE; ALLOCATING FUNDS
THEREFOR FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED
$20,000, PLUS EXPENSES, IN AN AMOUNT NOT TO EXCEED $3,250.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------------------------------------------------------------------------------------------
61. DIRECT CITY MANAGER TO CONTACT MS. CURRY TO SATISFY HER
PROBLEM WITH ALLEGED STOLEN CHALLENGER DONATION.
Commissioner Plummer: Mr. Mayor, let me read into the record, please, so we all don't get
killed. This is from Ms. Curry, who was nice enough to donate the money to finish the
Challenger Memorial. Mr. Manager, I will ask you, please, to contact her and to satisfy her
problem.
"I am pleased that my landscaper had enough plants of the same size to replace
those that were stolen two days after we dedicated the Challenger Memorial."
Mr. Manager, I don't know what you can do, but...
281 April 14, 1994
Vice Mayor Dawkins: We got police on bikes. We'll put a bike on patrol.c
Commissioner Plummer: I don't know.
Mayor Clark: I don't know...
Vice Mayor Dawkins: Good night, Mr. Mayor. You did a good job.
Mayor Clark: Thank you. Anything else? That's it.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:14 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
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282 April 14, 1994