HomeMy WebLinkAboutCC 1994-05-05 Minutesf
OF MEETING HELD ON 'MAY 5 1994
REGULAR
PRlPAREa BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
M
INDEX
MINUTES OF REGULAR MEETING
May 5, 1994
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
2.
3.
4.
5.
APPOINT / REAPPOINT INDIVIDUALS TO
R 94-302
SERVE AS MEMBERS OF THE BAYFRONT PARK
5/5/94
MANAf N1W TRUST. (Reappointed were:
Alan Weisberg, James McDonald, Rodney
Barreto, Tina Hills, Ruth Greenfield
and Jo Ann Pepper. Pending still are
two appointments to be made.)
APPOINT/REAPPOINT INDIVIDUALS TO SERVE
R 94-303
AS MEMBERS OF THE CITYWIDE CCK4WTY
5/5/94
DEVELDPMENTr ADVISORY BOARD. (Appointed
were: Valeria Screen and Mario
Pestonit. Reappointed were: Marta
Rodriguez, Sandra Francis, Josie
Poitier, Xavier Cortada, Esq., Irby
McKnight, William Chavez, Jr., Dorothy
Quintana and Rev. Fran Wyche.)
APPOINT/REAPPOINT INDIVIDUALS TO SERVE
R 94-304
AS MEMBERS OF THE COCONUT GROVE
5/5/94
STANDING FESTIVAL COMMITTEE.
(Reappointed were: Joseph Bardinella,
Ted Stahl and Carmen Davis.) Pending
still are two appointments to be made.)
APPOINT/REAPPOINT INDIVIDUALS TO SERVE
R 94-305
AS MEMBERS OF THE STREET CODESIGNATION
5/5/94
REVIEW COMMITTEE. (Appointed were:
Maria del Carmen Castellanos.
Reappointed were: Carolyn Cope, Ernest
Mae ("Pinky") Sands, Cristina Olivera
and Juan Serralles, Jr.)
APPOINT/REAPPOINT INDIVIDUALS TO SERVE
R 94-306
AS MEMBERS OF THE OCCUPATIONAL LICENSE
5/5/94
EQUITY CCNMISSION. (Appointed was:
Kishor Parekh, Robert Fairless and John
Kiskinis.) Pending still are two
appointments to be made.)
1-4
4-5
6-7
9F.
=j
6.
DISCUSS AMID DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO APPOINT
5/5/94
INDIVIDUALS TO SERVE AS MEMBERS OF TES
COMMITTEE ON ECOLOGY AND
BEAUTIFICATION. (See label 28)
7.
DISCUSS AND DEFER TO NEXT MEETING
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO
5/5/94
APPOINT INDIVIDUALS TO SERVE AS MEMBERS
OF THE CCRUSSION ON THE STATUS OF
WOMEN.
8.
APPOINT / REAPPOINT INDIVIDUALS TO
R 94-307
SERVE AS MEMBERS OF THE TAX-EXEMff
5/5/94
PROPERTY STEERING C01MMITIEE.
(Reappointed were: Josefina Sanchez-
Pando, Melanie C. Paisley -Thomas and
Robert Fairless. Pending still are two
appointments to be made.)
9.
APPOINT / REAPPOINT INDIVIDUALS TO
R 94-308
SERVE AS MEMBERS OF THE MIAMI AUDIT
5/5/94
ADVISORY COMMITTEE. (Appointed were:
Mirtha Guerra Aguirre and Juan J.
Sanchez. Reappointed was: Arturo
Jordan. Pending still is one
appointment to be made.)
10.
DISCUSS AND DEFER (TO JUNE 9TH MEETING)
M 94-309
CONSIDERATION OF PROPOSED RESOLUTION T(3
5/5/94
APPOINT INDIVIDUALS TO SERVE AS MEMBERS
OF THE COCONUT GROVE PARKING ADVISORY
COMMITTEE -- DIRECT CITY ATTORNEY M
DRAFT PROPOSED AMMUMU TO ORDINANCE
11130 TO PLACE COCONUT GROVE PARKING
ADVISORY COMMITTEE UNDER OFF-STREET
PARKING AUTHORITY.
11.
APPOINT / REAPPOINT INDIVIDUALS TO
R 94-310
SERVE AS MEMBERS OF THE LATIN QUARTER
5/5/94
REVIEW BOARD. (Appointed were: Jose
Navarro and Walter Martinez.
Reappointed were: Hector Gasca, Tony
Wagner, Daniel Perez-Zarraga, Mariano
Corral and Tessi Garcia. Pending still
are two appointments to be made.)
9-11
11-15
16-18
18-19
20-22
22-24
12.
APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS MEMBERS OF THE NUISANCE
ABATEMENT BOARD. (Appointed were:
Guillermo A. Revuelta and Norman
Powell, Esq. Reappointed were: Carolyn
Cope and Bob Valledor. Pending still
is one appointment to be made.)
13.
APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS MEMBERS OF THE INTERNATIONAL
TRADE BOARD. (Appointed were: Julian
Linares, Alfredo Hildago-Gato and
Randolph Espinet. Reappointed were:
Dorothy Baker, Ibrahim Malki-Kawa,
Robert Brad, Tom Kallman, Dwayne Wynn,
Bob Rodriguez and Ignacio Bustillo.
Pending still are five appointments to
be made.) (See label 25)
14.
APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS MEMBERS OF THE HEALTH
FACILITIES AUIHORITY. (Appointed was:
Dr. David Nateman. Reappointed were:
Charles Beber, Rev. Richard M. Barry
and Maria Alonso Martinez. Pending
still is one appointment to be made.)
15.
APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS MEMBERS OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY. (Appointed
were: Elliot Dinnerstein and Bill Bayer
(honorary, non -voting*). Reappointed
were: Stephen Nuell, Robert Ratiner,
Eli Feinberg, Julio Gonzalez-Rebull,
Tyrone Williams, Frankie Rolle, Ken
Albano, Neal Harrington and Julius J.
("Skip") Shepard.) *[Note: Mr. Bayer
was later appointed as a regular,
voting member.] (See labels 23 and 69)
16.
APPOINT / REAPPOINT INDIVIDUALS TO
SERVE AS MEMBERS OF THE MIAMI
WATERFRONT ADVISORY BOARD. (Appointed
were: Fernando Aran, Larry Perl, Steve
Kneapler and David Berley. Reappointed
were: Bijan Nakhjavan and Bob Lewis.
Pending still are three appointments to
be made.)
El
R 94-311
5/5/94
M 94-312
5/5/94
R 94-313
5/5/94
R 94-314
5/5/94
R 94-315
5/5/94
24-25
25-29
29-30
30-33
33-35
17.
APPOINT INDIVIDUALS TO SERVE AS MEMBERS
R 94-316
35-36
OF THE PROPERTY AMID ASSET REVIEW
5/5/94
COMMITTEE. (Appointed were: Albert
Maloof, Ruben Oliva, Joseph Corral and
Roger Barreto. Pending still is one
appointment to be made.)
18.
APPOINT INDIVIDUALS TO SERVE; AS MEhIBERS
R 94-317
36-37
OF THE BUDGET AND FINc9CES REVIEW
5/5/94
COMMITTEE. (Appointed were: Larry
Handfield, Esq., Rev. Ralph M. Ross,
Antonio J. Cabrera and Richard
Berkowitz. Pending still is one
appointment to be made.)
19.
DISCUSS AND DEFER CONSIDERATION OF
M 94-318
37-41
RESOLUTICN' TO APPOINT INDIVIDUALS TO
5/5/94
SERVE AS ALTERNATE MEMBERS OF THE CODE
ENFORCEMENT BOARD.
20.
DISCUSSION CONCERNING APPOINT OF
R 94-319
41-42
COMMISSIONERS AS MEMBERS OF
5/5/94
AUTHORITIES, BOARDS OR COMIlKi=S —
ANNUAL REVIEW.
(Note: Appointed were: Vice -Mayor
Miller Dawkins (Chairman) and Mayor
Stephen P. Clark (Co -Chairman) of the
Bayfront Park Management Trust;
Commissioner Victor De Yurre, Chairman
of the International Trade Board;
Ccmissioner J.L. Plummer, Chairman of
the Miami Sports and Exhibition
Authority; and Vice -Mayor Dawkins and
Commissioner Gort as City of Miami
appointees to the Performing Arts
Center Trust.)
21.
RECOMMENDATIONS FOR FLMM COMPOSITION
M 94-320
42-54
OF THE DOWNTdWN DEVELOPMENT AUTHORITY
5/5/94
BOARD OF DIRECTORS -- REDUCE BOARD'S
MEMBERSHIP TO 15 (2 APPOINTMENTS BY
EACH CITY COMMISSIONER; ONE BY THE
STATE CABINET; ONE BY THE COUNTY; ONE
BY THE CITY; PLUS TWO APPOINI.4MM AT
LARGE) -- CITY COMMISSION ACCEPTS
PROPERTY OWNERS' RECCMMENDATIONS, BUT
STIPULATES SHALL NOT BE BOUND BY THEM.
22.
DISCUSSION CONCERNING OVER'IM ADVISORY
DISCUSSION
BOARD'S RELATIONSHIP WITH THE CITY --
5/5/94
DIRECT CITY MANAGER AND/OR DESIGNEE TO
MEET WITH MU MI-DADE COMMUNITY COLLEGE
TO ESTABLISH GUIDELINES AND TRAINING
SESSIONS FOR THE BENEFIT OF ALL BOARD
MEMBERS AS M ONGOIM ISSUES -- VICE
MAYOR DAWKINS OFFERS TO GET TOGETHER
WITH THE BOARD MEMBERS, CITY MANOR
AND M-DCC.
23.
(Continued) DISCUSSION CONCERNING
DISCUSSION
APPOINTMENTS TO THE MIAMI SPORTS AMID
5/5/94
EXHIBITION ALnWRITY -- AUTHORITY 'PO BE
COMPOSED OF 14 MEMBERS (MAYOR TO
APPOINT THREE; TWO APPOINTMENT'S PER
COMMISSIONER; ONE AT -LARGE
APPOINTMENT) -- CHAIRPERSON TO VOTE ON
ALL ISSUES AND TO APPOINT ALL
COMMITTEES. (See labels 15 and 69)
24.
APPOINT GARY CARMAN M ZONING BOARD.
R 94-321
5/5/94
25.
(A) REAPPOINT INDIVIm%LS TO SERVE AS
M 94-322
NwIDERS OF THE INTERNATIONAL TRADE
R 94-322.1
BOARD. (Reappointed were: Vicky I,eiva
5/5/94
and Rafael Garcia-'Ibledo and Alberto
Gonzora.)
(B) MAYOR CLARK ANNOUNCES THAT HE HAS
APPOINTED JULIAN LINARES AS
INIONAL AFFAIRS LIAISON TO HIS
OFFICE.
26.
DISCUSS AND TEMPORARILY TABLE
M 94-323
CONSIDERATION OF PENDING DECISION TO BE
5/5/94
MADE BY CITY COMMISSION AS TO WHETHER
THEY WISH TO ELIMINATE / REDUCE / LEAVE
IN PLACE COMPENSATION AND/OR HEALTH
INSURANCE BENEFITS PRESENTLY BEING
PROVIDED TO MEMBERS OF: (a) CODE
ENFORMvENI' BOARD, (b) CIVIL SERVICE
BOARD, (c) PLANNING ADVISORY BOARD, AMID
(d) ZONING BOARD. (See label 73)
27.
(Continued) DISCUSSION CONCERNING
DISCUSSION
PROPOSED ORDINANCE RELATING TO
5/5/94
COMMITTEE APPOINTMENTS TO BE MADE BY
THE CHAIRMAN OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY. (See labels 15
and 68)
55-58
58-62
62-63
63-65
65-69
70
28.
29.
29.1
29.2
29.3
29.4
29.5
30.
(Continued) BRIEF CMMM CITING
DISCUSSION
THE COMMITTEE ON ECOLOGY AND
5/5/94
BEAZTrIFICATION. (See label 6 )
(A) CONSENT AGENDA.
R 94-324
(B) ACCEPT BID: HECTOR TURF -- FOR
5/5/94
FURNISHING A REEL TYPE MOWER FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS
AND PUBLIC FACILITIES.
(C) DIRECT CITY MANAGER M PURCHASE 3
ADDITIONAL REEL TYPE MXTRS. (See CA-
4).
PURCHASE ONE JOHN DEERE GATOR CART 6X4
R 94-325
(UNDER EXISTING STATE CONTRACT 070-840-
5/5/94
941) -- FROM JOHN DEERE INDUSTRIAL
EQUIPMENT COMPANY -- FOR VIRGINIA KEY
YARD WASTE FACILITY AND RECYCLING
EFFORTS OF THE GSA DEPARTMOr / SOLID
WASTE.
PURCHASE ONE 1994 FORD BFPO 4X4
R 94-326
VEHICLE -- FROM DON REID FORD (UNDER
5/5/94
EXISTING STATE CONTRACT' 070-001-94-
1) -- FOR FIRE -RESCUE DEPARTMENT.
ACCEPT BID: J. BALSERA SCHOOL BUS
R 94-327
SERVICE -- FOR FURNISHING BUS
5/5/94
TRANSPORTATION FOR THE RECREATION
SUMER PROGRAM OF PARKS and RECREATION
DEPARTMENT -- E nTM CONTRACT, SUBJECT
TO AVAILABILITY OF FUNDS.
RATIFY CITY MANAGER'S ESTABLISHMENT OF
R 94-328
SPECIAL CHARGES / TERMS / CONDITIONS
5/5/94
FOR USE OF PORTION OF ORANGE BOWL
STADIUM BY MIAMI INTERNATIONAL SOCCER,
INC. -- FOR PRESENTATION OF THE STRIKER
INTERNATIONAL CUP (JUNE 4, 1994) --
EXECUTE CONTRACT.
AUTHORIZE MANAGER TO INITIATE AMENDMU
R 94-329
TO FUTURE LAND USE PLAN MAP OF THE
5/5/94
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1989-2000 (MCNP), WHEREBY THE CITY
WOULD BE PERMITTED TO PROCEED WITH
CONSTRUCTION OF AN OFFICE AND
COdJFERENCE FACILITY IN THE BASE OF THE
BAYFRONI' PARK LASER TOWER.
(Continued) CLARIFYING COMMENTS
DISCUSSION
RESTATING APPOINTMENT OF VICE MAYOR
5/5/94
DAWKINS AS CHAIRPERSON OF BAYFRONI' PARK
MANAGEMENT TRUST AND MAYOR CLAW AS CO -
CHAIRPERSON. (See label 20)
70-71
71-74
74
75
76
76
77
77
31.
PERSONAL APPEARANCE: CHARLIE COX,
DISCUSSION
PRESIDENT OF AFSCME, LOCAL 1907,
5/5/94
STRONGLY PRO►1'ESTING UNFAIR PORTRAYAL BY
TV CHANNEL, 4 NEWS REPORT OF CITY OF
MIAMI PUBLIC WORK C RE'W' S ALLEGED TIME -
WASTING DURING WORKING HOURS.
32.
(A) CITY MANAGER'S REPORT ON ALL CITY
DISCUSSIC)N`N
FUNDED YOM PROGRAMS, SPECIFICALLY
5/5/94
CITING CITY' S CONTRIBUTION`1 TO EACH
PROGRAM, IOW MONEY IS BEING SPENT, AND
SPECIFIC RESULTS OBTAINED.
(B) CGI MISSIONER GORT REQUESTS MANAGER
TO PROVIDE STATUS REPORT ON DEPARTMENT
OF OFF-STREET PARKING'S REVENUE FROM
ISSUANCE OF PARKING TICKETS.
33.
ACCEPT ADMINISTRATION'S RECOMMENDATIONS
R 94-330
CONCERNING $672,100 HOME PROGRAM
5/5/94
FUNDING BEING PROVIDED TO THE URBAN
LEAGUE OF GREATER MIAMI, INC. AND
CHEATER MIAMI NEIGHBOLtHOODS, INC. --
FOR C:ONSTRUC;TION OF MandM MAISON II
HOUSING PROJECT (N.W. 62 STREET AND 15
AVENUE) -- PROVIDED THAT BEFORE ANY
MONIES ARE DISBURSED, THE CITY
M4USSION WOULD LIKE TO SEE A SIGNED
CONTRACT WITH LABORERS' UNION, LOCAL
478.
34,
SECOND READING ORDINANCE: AMEND
ORDINANCE
11139 -- INCREASE TOTAL APPROPRIATIONS
11145
FOR CAPITAL PROJECT: SAINT HUGH OAKS
5/5/94
VILLA HOUSING PROJECT (CIP 321040) --
APPROPRIATE $116,000 FROM BUILDING
SALES TO COVER COST OF OVERRUN INCURRED
IN DEVELOPMENT OF 23 NEW SINGLE FAMILY
HOMES ON CITY -OWNED PARCEL IN COCONUT'
GROVE.
35.
AUTHORIZE INCREASE ($116,000 FROM CIP
R 94-331
321034: BUILDING SALES) IN CONTRACT
5/5/94
WITH ASSOCIATES CONSTRUCTION
CORPORATION -- FOR THE SAINT HUC3i OAKS
VIIJ�AGE HOUSING, PROJECT, B-6206 (CIP
321040) CONCERNING DEVELOPMENT OF 23
NEW SINGLE FAMILY HOMES IN COCONUT
GROVE. (See label 74)
36.
PERSONAL APPEARANCE: JEFFREY B. DEGEN
DISCUSSION
TO DISCUSS LOT SPLIT ON 2801 EMATHLA
5/5/94
STREET, COCONUT GROVE -- BRIEF
DISCUSSION AND DEFERRAL TO MAY 2310
PLANNING and ZONING MEETING.
78-81
81-82
83-84
84-88
88-89
89-92
37.
DISCUSSION LINING NET OFFICE IN
DISCUSSION
COCONUT GROVE.
5/5/94
38.
EMER�GlENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
SPECIAL REVENUE FUND: SUMMER FOCI
11146
SERVICE PROGRAM FOR CHILDREN 1994 --
5/5/94
APPROPRIATE $310,846, CONSISTING OF A
GRANT FROM U. S . DEPARTMENT OF
AGRICULMM (USDA) MUM FLORIDA
DEPARTMENT OF EDUCATION -- ACCEPT
GRANT -- EXECUTE NECESSARY DOCUMENT(S).
39.
AUTHORIZE METROPOLITAN DADE COUNTY, ON
R 94-332
BEHALF OF THE CITY, TO ADVERTISE /
5/5/94
EVALUATE / ACCEPT BIDS) OF VENDOR(S)
TO PROVIDE U.S. DEPARTMENT OF
AGRICULTURE (USDA) APPROVED MEALS TO
ELIGIBLE CHILDREN FOR THE CITY' S SUMMER
FOOD SERVICE PROGRAM - 1994 --
AUTHORIZE METROPOLITAN DADE COUNTY M
ENTER INTO NECESSARY CONIRACT(S)
SUBJECT TO, THE CITY'S ACCEPTANCE OF A
GRANT ($310,846) FROM USDA THROUGH
FLORIDA DEPARTMENT OF EDUJCATION.
40.
a4ERCENCY ORDINANCE -- AMEND 10021,
ORDINANCE
WHICH ESTABLISHED INITIAL RESOURCES /
11147
APPROPRIATIONS FOR THE LAW ENFORCEMENT
5/5/94
TRUST FUND (LETF), TO PROVIDE FOR AN
INCREASE OF $950,000 AS A RESULT OF
SUCCESSFUL FORFEITURE ACTIONS.
41.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
SECTIONS 2-392 AND 31-10 -- TO PROHIBIT
11148
ISSUANCE OR RENEWAL OF A CERTIFICATE OF
5/5/94
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
Tr r.F1'..AL CONSTRUCTION ACTIVITY.
42.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
CHAPTER 54 (STREETS AND SIDEWALKS) BY
11149
AMENDING SECTION 54-104 (NONSTANDARD
5/5/94
STREET WIDTHS) -- MODIFY WIDTH OF S.W.
8 AVENUE BMIEEN W . FLAMM STREET AND
S.W. 8 STREET.
92-94
94-95
96-97
97-98
99-101
101
FF
62
43.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
102-107
CHAPTER 39, ARTICLE II (SIDEWALK AND
FIRST READING
STREET VENDORS) -- ESTABLISH PROCEDURES
5/5/94
FOR ASSIQNNP OF VENDORS TO SPECIFIC
VENDING ZONES IN THE COCONUT GROVE
SPECIAL VENDING DISTRICT, PROVIDING FOR
LIABILITY AND INSURANCE, SPECIFYING
PENALTIES AND PROVISOS.
44.
FIRST READING ORDINANCE: AMID 11139,
ORDINANCE
107-110
BY ESTABLISHING APPROPRIATIONS FOR A
FIRST READING
CAPITAL IMPS PROJECT: WATSON
5/5/94
ISLAM SANITARY SEWERS, IN THE MUM
OF $2,000,000.
45.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
110-112
SECTION 53-161, BY CHANGING THE RATE
FIRST READING
SCHEDULE FOR USE AND OCCUPANCY OF AND
5/5/94
SERVICES FURNISHED OR TO BE FURNISHED
IN CONNECTION WITH THE MIAMI CONVENTION
CENTER -- ESTABLISH TWO NEW RATE
CATEGORIES: PREP AND POST -
CONCERT.
46.
CLASSIFY ONE CITY OF MIAMI VEHICLE AS
R 94-333
112-113
CATEGORY "A" SURPLUS STOCK, SHOULD SUCH
5/5/94
VEHICLE BECOME AVAILABLE -- STIPULATE
THAT, WHEN AVAILABLE, SAID VEHICLE
SHALL BE DONATED TO THE RAINBOW VILIACE
/ TOWNPARK RESIDENT ASSOCIATION, INC.
(See labels 52 and64)
47.
REQUEST THE ORGANIZATION OF AMERICAN
R 94-334
113-114
STATES TO RMMTE ITS HEADQUARTERS TO
5/5/94
DADE COUNTY --PREFERABLY THE CITY OF
MIAMI.
48.
EXECUTE AGRE04M WITH SYLVESTER A.
R 94-335
114-115
LUKIS -- FOR PROFESSIONAL LEGISLATIVE
5/5/94
CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACT'S ON THE CITY.
49.
EXEC[JI'E AGREEMENT WITH METROPOLITAN
R 94-336
115-117
DADE COUNTY -- TO ASSIST WITH
5/5/94
RENOVATIONS OF A BUILDING AT 5555
BISCAYNE BOULEVARD -- FOR USE BY THE
ASSOCIATION FOR RETARDED CITIZENS --
ALLOCATE $100,000 FROM CDBG FUNDS --
CITY ATTORNEY DIRECTED TO INCLUDE
REVERTER CLAUSE AND PROVISOS.
t
50.
51.
52.
53.
54.
55.
56.
EKSCUPE CONTRAC.0 WITH AIR MARIN (A
R 94-337
GERMAN TOUR COMPANY) TO PFa4XE TOURISM
5/5/94
FOR MIAMI DURING THE SOCCER WORLD
CHAMPIONSHIPS (.TUNE 17 - JULY 17,
1994) -- ALLOCATE $40,000.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO APPROVE FY 1993-
5/5/94
94 BUDGET FOR SOUTHEAST OVERIO WN / PARK
WEST Ca44UNITY REDEVELOPMENT TAX
INCREMERr TRUST FUND.
CLARIFYING COMMENTS BY CXJIy USSIONER
DISCUSSION
GORT CONCERNING MODEL CITY'S REQUEST
5/5/94
FOR SURPLUS CAR DONATION. (See label
46)
ACCEPT CITY MANAGER'S RECOMMENDATION
R 94-338
AND AUTHORIZE EXECUTION OF ARTICLE 21
5/5/94
(WAGES), ARTICLE 28 (GROUP INSURANCE),
ARTICLE 31 (SICK LEAVE), AND A NEW
ARTICLE ON RESIDENCY -- INCORPORATE
INTO COLLECTIVE BARGAINING AGREEMENT
WITH THE SANITATION EMPLOYEES'
ASSOCIATION (OCT+OBER 1, 1991 -
SEPTE BER 30, 1994).
RESCIND PREVIOUS AWARD TO SOU H AND
R 94-339
EQUIPNWT CORPORATION FOR FURNISHING
5/5/94
TEN 25 YARD REFUSE PACKERS (FOR FAILURE
TO SATISFACTORILY PERFORM IN ACCORDANCE
WITH TERMS / CONDITIONS SPECIFIED IN
BID NO. 92-93-104) -- APPROVE AWARD OF
SAID RESCINDED CONTRACT TO METRO -TECH
EQUIPMENT CORPORATION (SECOND LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER)
FOR DEPART 4E TT OF GSA and SOLID WASTE
FLEET.' DIVISION.
DISCUSS AND TEMPORARILY DEFER
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO
5/5/94
APPROVE CHIEF PROCUREMENT OFFICER'S
REJECTION OF PROTEST BY D.M.
CONS R I'TRLK.• ION OF SOUTH FLARIDA, INC . ,
FOR LOCAL DRAINAGE, PROJECT E-70 (BID
NO. 93-94-080), TO GIVE COUNSEL
OPPORTUNITY TO REGISTER AS A LOBBYIST.
(See label 62).
AUTHORIZE INCREASE IN FUNDING OF THE
R 94-340
ROBBERY TACTICAL DETAIL -- ALLOCATE
5/5/94
$48,000 FROM LAW ENFORCEMENT TRUST FUND
118-119
119-120
120-121
121-122
122-124
124-125
126-127
57.
DISCUSS AND DEFER TO NEXT MEETING FOR
DISCUSSION
FURTHER INFORMATION PROPOSED RESOLUTION
5/5/94
TO PURCHASE OFFICE FURNITURE (UNDER
EXISTING DADE COUNTY BID NO. 1072-1/95)
FROM CAMIM FURNITURE FOR POLICE
DEPARTMENT.
58.
AUIMRIZE / PERMIT UNIVERSITY OF MIAMI
R 94-341
TO COS / MAINTAIN A PEDESTRIAN
5/5/94
OVERPASS OVER AND ACROSS N.W. 14 STREET
APPROX. 253 LINEAR FEET EAST OF THE
CENTERLINE OF THE INTERSECTION OF N.W.
12 AVENUE AND N.W. 14 STREET, BETWEEN
THE PROFESSIONAL ARTS CENTER BUILDING
AND THE SYLVESTER COMPREHENSIVE CANCER
CENTER / UNIVERSITY OF MIAMI HOSPITAL
AND CLINICS BUILDINGS, WITH PROVISOS.
59.
AUTHORIZE CITY MANAGER TO NEGOTIATE !
R 94-342
EXECUTE PROFESSIONAL SERVICES AGREEMENT
5/5/94
WITH: (a) CARR SMIT[i ASSOCIATES, INC.,
(b) DAVID PUMIER and ASSOCIATES, INC.,
AND/OR (c) FREDERIC R. HARRIS, INC. --
FOR PROFESSIONAL SERVICES RELATED TO
THE BISCAYNE BOULEVARD NEW WORLD DESIGN
(BURLS-MARX) PROJECT -- ALLOCATE FUNDS
FROM CIP 341172.
60.
AUTHORIZE CITY MANAGER TO SUBMIT
R 94-343
PROPOSAL FOR FY 1995 STORMWATER
5/5/94
MANAGEMENT PARTNERSHIP PROGRAM
COOPERATIVE COST -SHARE AG U0 ERNS, IN
THE AMUNT OF $1,250,000, TO THE SOUTH
FIORIDA WATER NUQGE.MENI.' DISTRICT --
FOR RETROFITTING STORM SEWERS IN WAGNER
CREEK AND LITTLE RIVER DRAINAGE BASINS.
61.
(A) DISCUSSION CONCERNING STRONG
DISCUSSION
OPPOSITION BY RESIDENTS FROM THE MODEL
5/5/94
CITY AREA TO ONGOING CONSTRUCTION AND
PROPOSED ERECTION OF A NEW BELL SOUTH
MOBILITY TELECOMMUNICATIONS ANTENNA IN
THEIR NEIGHBORHOOD. (See labels 66, 75.
See also, related afternoon informal
meeting with residents of Model City
area concerning said issue.)
(B) BRIEF COMMENTS CONCERNING REQUEST
FOR STREET CGDSURE IN CONNECTION WITH
THE OPENING OF PLANET HOLLYWOOD (MAY
15, 1994). (See label 72)
127-130
130-131
132-133
134
135-138
62. (Continued) DISCUSS AMID DEFER PROPOSED DISCUSSION
RESOLUTION TO APPROVE CHIEF PROCUREMENT 5/5/94
OFFICER'S REJECTION OF PROTEST BY D.M.
CONSTMJCTION OF SWni FLORIDA, INC. --
DIRECT CITY ATTORNEY TO ISSUE LEGAL
OPINION AS TO WHIR THERE PRESENTLY
EXISTS A LEGAL REQUIREMENT THAT
BUILDING AND GENERAL CONTRACTORS MUST
1 BE LICENSED AS ENGINEERING CONTRACTORS
IN ORDER TD BID ON CITY LOCAL SMRM-
DRAINAGE PROJECTS. ( See label 55 )
63. (Continued) VICE MAYOR DAWKINS REQUESTS DISCUSSION
OF ADMINISTRATION INFORMATION 5/5/94
LNG BAYFitONT PARK MANAGEMENT
TRUST. (See labels 20 and 30]
64. (Continued) PERSONAL APPEARANCE: HELEN DISCUSSION
WHACK, PRESIDENT OF RAINBOW VM1AGE 5/5/94
TC7WNPARK GARDEN RESIDENTS'
ASSOCIATION -- TO THANK COMMISSION FOR
DONATION OF VEHICLE. (See label 46)
65. DISCUSS AND TEMPORARILY TABLE REQUEST DISCUSSION
FOR PERMISSION TO SELL AUJOHOL AT 5/5/94
GOO1MBhY FESTIVAL. ( See label 67 )
66. (Continued) DISCUSSION CONCERNING DISCUSSION
STRONG OPPOSITION BY RESIDENT'S FROM THE 5/5/94
MODEL CITY AREA Ta ONGOING CONSTRUCTION
AMID PROPOSED ERECTION OF A NEW BELL
SOUTH MOBILITY TELECOMMUNICATIONS
AN1'EIM IN THEIR NEIGHBORHOOD. ( See
label 61A, 75. See also, related
afternoon informal meeting with
residents of Model City area concerning
said issue.)
67. (Continued) DISCUSSION CONCERNING
DISCUSSION
REQUEST TO SELL ALCOHOL
AT GOOMBAY
5/5/94
FESTIVAL -- AUTHORITY GRANTED
TO SELL
BEER AND WINE. (See label 65)
68. (A) (Continued) EMERGENCY
ORDINANCE:
ORDINANCE
AMEND MEMBERSHIP,
APPOINTIMENr
11150
PROCEDURE, CHAIRMANSHIP
PROVISIONS AND
R 94-344
PUM?S OF CHAIRPERSON
PROVISIONS, AS
5/5/94
APPLICABLE M THE MIAMI
EXHIBITION AND
SPORTS AUTHORITY. (See
labels 15 and
23)
(B) APPOINT BILL BAYER
Ta THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
138-141
141
141-142
142-144
144-145
146
146-149
69.
70.
71.
72.
73.
(Continued) BRIEF COMMITS LNG DISCUSSION
THE ENCU)SING OF SECTION OF BAYFRONT 5/5/94
PARK WHERE HEAVY EQUIPMENT IS
OPERATING.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOUJTION TO ACCEPT MOTOROLA
5/5/94
COMMUNICATIONS AND ELECTRONICS PROPOSAL
TO PROVIDE A TURNKEY FIRE STATION
ALERTING SYSTEM.
DISCUSSION CONCERNING APPROVAL GRAMM
DISCUSSION
TO THE BOYS' CLUB TO SELL CHRISTMAS
5/5/94
TREES.
(Continued) GRANT REQUEST BY
R 94-345
REPRESENTATIVES OF PLANET HOLLYWOOD FOR
5/5/94
STREET CLiOSURE ( GRAND AVENUE)
CONCERNING THEIR OPENING EVENT (MAY 15,
1994), WITH STIPULATIONS. (See label
61)
(Continued) DISCUSS AND DEFER PENDING
DISCUSSION
DECISION TO BE MADE BY CITY COMMISSION
5/5/94
AS TO WHETHER THEY WISH TO ELIMINATE /
REDUCE / LEAVE IN PLACE COMPENSATION
AND/OR HEAIITH INSURANCE BENEFITS
PRESENTLY BEING PROVIDED TO MEMBERS OF:
(a) CODE ENFORCEMENT BOARD, (b) CIVIL
SERVICE BOARD, (c) PLANNING ADVISORY
BOARD, AND (d) ZONING BOARD. (See label
26)
(Continued) AMEND RESOLUTION 94-331,
R 94-346
WHICH AUIHORIZED AN INCREASE IN THE
5/5/94
CONTRACT WITH ASSOCIATES CONSTRUCTION
CORPORATION FOR THE SAINT HUGH OAKS
VILLAGE HOUSING PROJECT, B-6206,
THEREBY CORRECTING, THE CAPITAL
IMPROVEMENT PRDJECI' NUMBER TO 321040.
(See label 35)
149-150
150-151
151-152
152-158
159-160
161-162
75.
(Continued) DISCUSSION CONCERNING DISCUSSION
STROM OPPOSITION BY RESIDENTS FROM THE 5/5/94
MODEL CITY AREA TO ONGOING CONSTRUCTION
AND PROPOSED ERECTION OF A NEW BELL
SOTI H MOBILITY COMMUNICATIONS
AN,I&M IN THEIR NEIGHBOR410M --
PERSOM APPEARANCE BY STEPHEN HELFMAN,
C=6EL FOR BELL SOUTH MOBILITY,
STATING THE COMPANY`S DECISION TO
IMMEDIATELY STOP ONGOING CONSTRUCTION /
E'RECrION OF THEIR NEW
TELECOMM13NICATIONS ANTWWA IN THE MODEL
CITY NEIGHBORHOOD. (See labels 61A, 66.
See also, related afternoon informal
meeting with residents of Model City
area concerning said issue.)
CLARIFYING STATEMENTS BY VICE MAYOR DISCUSSION
DAWKINS TO CONVEY TO MODEL CITY AREA 5/5/94
THAT BELL SOUTH MOBILITY HAD AGREED TO
IMMEDIATELY ABANDON ONGOING
CONSTRUCTION FOR ERECTION OF ITS NEW
TELFXC"LWICATIONS ANTENNA 'Il7 M AT
N.W. 56 STREET, PURSLWr TO STRONG
CONCERNS EXPRESSED BY AREA RESIDENTS.
(See labels 61A, 66 and 75)
162-163
164-169
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 5th day of May, 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 8:03 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
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.
-------------------------------------------------------------------------------------------------------------------
1. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
BAYFRONT PARK MANAGEMENT TRUST. (Reappointed were: Alan Weisberg,
James McDonald, Rodney Barreto, Tina Hills, Ruth Greenfield and Jo Ann Pepper.
Pending still are two appointments to be made.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Do we have any discussion on the consent agenda? At 9:00. What about the
other things? You want to get to those right now, J.L.?
Commissioner Plummer: Item 1.
Mayor Clark: OK. One question to be asked of the City Attorney.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, I didn't hear you.
Mayor Clark: Concerning appointments to boards.
Mr. Jones: Yes.
Mayor Clark: What is the criteria used, and what must they do to be appointed to this board?
1 May 5, 1994
Mr. Jones: On this particular board?
Mayor Clark: Yes, sir.
Mr. Jones: Let me just check this. Just give me one second, Mr. Mayor. Mr. Mayor, there
really is no criteria set forth in the City Code as to what the criteria is. The only thing that we've
established is the fact that they either must be City residents or have businesses within the City
of Miami. But there is no per se criteria that they would have to come - like some of the boards
we have - they have to come from a particular discipline, or something of that nature.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: From my past experience, I think the only criteria that we have is in
Planning and Zoning. They have to send a resume in "X" amount of time before. And they also
have to be sponsored by some nonprofit corporation. It's my understanding. I don't know if that
still holds.
Mayor Clark: All right.
Mr. Jones: What he was asking, Commissioner, with respect to the...
Mayor Clark: The advisory boards here.
Mr. Jones: ... Bayfront Park Management Trust.
Commissioner Gort: Oh.
Commissioner Plummer: Oh, I thought it was in general.
Mr. Jones: No.
Commissioner Gort: OK.
Commissioner Plummer: Well, also with Planning and Zoning you have to live in the City, you
don't have any choice there.
Mr. Jones: Yes. Well, that's what I was indicating, with certain of the boards they have specific
requirements. With respect to this, the Bayfront Park Management Trust, the Code doesn't set
forth any criteria that they have to come from a certain discipline, or a certain profession, or
anything like that.
Commissioner Gort: OK. Thank you.
Mayor Clark: OK. All right. On the Bayfront Park Management Trust, you have a nomination,
Mr... a person to appoint, Mr. Plummer?
Commissioner Plummer: Mr. Mayor, as chairman, I will take my personal appointment as Mr.
Alan Weisberg who was a former chairman of the Park. And when you are ready, I will have
recommendations for my colleagues for the three at -large members.
Mayor Clark: All right, sir. Do you have one, Mr. Gort?
2 May 5, 1994
Commissioner Gort: Yes. James McDonald.
Mayor Clark: Mr. Dawkins, at this time.
Vice Mayor Dawkins: Nobody at this time, Mr. Mayor.
Mayor Clark: Mr. De Yurre. I have to name Rodney Barreto. Now, on the three that you... at
large.
Commissioner Plummer: Mr. Mayor. The three that I would recommend at large, first, is Tina
Hills, whose family has done a tremendous amount of work for that park, and all of the play
sculptures, and everything. The second person that I would recommend is Ruth Greenfield, who
is heading up the thing for us this year of trying to put on an off-season art festival in the park for
local artists only. And the third person is Jo Ann Pepper, who is the namesake of the park. And
those would be the three recommendations of those at large.
Mayor Clark: I second those.
Mr. Jones: There are actually four, Commissioners. Four alternates.
Ms. Matty Hirai (City Clerk): Four at large.
Commissioner Plummer: No, what we were recommending is that the Commissioner, himself,
serve as the fourth one. That would be your nine member board.
Mayor Clark: All right. Is there a second to that?
Commissioner Gort: Second.
Mayor Clark: Any further discussion? Hearing none. With no exception, Madam Clerk, cast a
unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-302
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS
OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
3 May S, 1994
N
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.
Commissioner Plummer: Mr. Mayor, are we going to allow - which I hope we will - for
example, Commissioner De Yurre, and all of these boards, not just this one, that Commissioner
De Yurre, and Commissioner Dawkins can add their names at will, or do you want to bring it
back before the boards?
Mayor Clark: Sure, that's fine with me. That's fine with me.
Commissioner Plummer: How do you want to do it?
Commissioner De Yurre: What do you mean?
Commissioner Plummer: In other words, when you are ready to make an appointment that you
are not doing this morning, you are just added to the list, or are we going...
Commissioner De Yurre: Just automatically send a memo around, are you saying, or what?
Commissioner Plummer: It's immaterial, I was just wandering how we want to do it.
Commissioner De Yurre: No, that'll be fine, just sending a memo to the Clerk's Office.
Commissioner Plummer: Fine with me.
-------------------------------------- ------------------------------------------------ -----------------------------
2. APPOINT/REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. (Appointed were:
Mario Pestonit and Valeria Screen. Reappointed were: Marta Rodriguez, Josie Poitier,
Irby McKnight, Xavier Cortada, Esq., Sandra Francis, William Chavez, Jr., Dorothy
Quintana and Rev. Freeman Wyche. )
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Secondly, on the Citywide Community Development Advisory Board,
Mr. Plummer.
Commissioner Plummer: Community Development, we each have two, am I correct?
Mayor Clark: Yes,
Ms. Matty Hirai (City Clerk): Yes, sir.
4
May 5, 1994
Commissioner Plummer: I have the names of Mario Pestonit, and Martha Rodriguez.
Mayor Clark: Mr. Gort.
Commissioner Gort: I have Sandra Francis, and Xavier Cortada.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Josie Poitier, Irby McKnight.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: I have William Chavez, Jr. And Dorothy Quintana.
Mayor Clark: I have Reverend Freeman Wyche, and, also, Valeria Screen. Any discussion on
those items? Hearing none, Madam Clerk, cast a unanimous ballot of those appointments.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-303
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
5
May 5, 1994
Fl�
.......................... ------------------------------------------------------------------------------------
3. APPOINT/REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE. (Reappointed were:
Joseph Bardinella, Ted Stahl and Carmen Davis.) Pending still are two appointments to
be made.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: The Coconut Grove Festival Standing Committee (sic).
Commissioner Plummer: I have the name of Joseph Bardinella. B A R-D-1-N-E-L-L-A.
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: I'll reappoint Ted Stahl.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: I don't have anyone at this time.
Mayor Clark: Mr. Dawkins.
j Vice Mayor Dawkins: I reappoint Carmen Davis.
Mayor Clark: I don't have one at this time. I'll have one a little later on, but not at this time. If
{ there is no exception, Madam... Yes, sir.
Vice Mayor Dawkins: According... pardon me, Mr. Mayor. A point of information.
Mayor Clark: Yes.
Vice Mayor Dawkins: Now, on this sheet I have here that I got from the Clerk, it says three, the
Coconut Grove Standing Committee, agenda item 3, Commission composed of five members,
Vice Mayor Miller Dawkins to nominate one member. What does that mean?
Ms. Matty Hirai (City Clerk): It is one by each. It only means that there was one vacancy
before.
Mayor Clark: One for each.
Ms. Hirai: But if it's...
Commissioner Plummer: Right.
Ms. Hirai: ...five members, it's supposed to be one appointment per Commissioner. Yes.
Vice Mayor Dawkins: OK. No problem.
Mayor Clark: With no exception on those ballots cast, Madam Clerk, cast a unanimous ballot.
Ms. Hirai: Yes, Mr. Mayor.
6 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-304
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE
FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-------------------------------------------------------------------------------------------------------------------
4. APPOINT(REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
STREET CODESIGNATION REVIEW COMMITTEE. (Appointed were: Maria del
Carmen Castellanos. Reappointed were: Carolyn Cope, Ernest Mae ("Pinky") Sands,
Cristina Olivera and Juan Serralles, Jr.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 4, Street Codesignation Review Committee.
Commissioner Plummer: With pleasure, I reappoint Carolyn Cope who has served there with
honor.
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: Maria del Carmen Castellanos.
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: Ernest Mae "Pinky" Sands, reappointment.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Cristina Olivera.
Mayor Clark: Juan Serralles, Jr. You have that, Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, sir.
7 May 5, 1994
Mayor Clark: Any further? With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-305
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE STREET CODESIGNATION REVIEW COMMITTEE FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-------------------------------------------------------------------------------------------------------------------
5. APPOINT/REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
OCCUPATIONAL LICENSE EQUITY COMMISSION. (Appointed were: Kishor
Parekh, Robert Fairless and John Kiskinis.) Pending still are two appointments to be
made.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Occupational License Equity Study Committee.
Commissioner Plummer: I pass on that one at this time.
Mayor Clark: All right.
Commissioner Gort: Kishor Parekh.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: I pass.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Robert Fairless.
Mayor Clark: I have John Kiskinis, K-1-S-K-I-N-I-S. No further appointments. Cast a
unanimous ballot, Madam Clerk.
8 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-306
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE. AS
MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-------------------------------------------------------------------------------------------------------------------
6. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMITTEE ON
ECOLOGY AND BEAUTIFICATION.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: The Committee on Ecology and Beautification. Mr. Pearson, who is the chairman
of this committee, has recommended that all 43 of the people currently on the board be
reappointed.
Commissioner Plummer: I second the motion.
Vice Mayor Dawkins: I'll withdraw mine, whoever I'm supposed to have. I don't know who
they are, and until I see who they are then I'll decide if I want to put somebody on there.
Mayor Clark: All right.
Commissioner Plummer: With the exception of Commissioner Dawkins' appointees, I'll make
the motion.
Vice Mayor Dawkins: How many members?
Mayor Clark: It's to decide.
Vice Mayor Dawkins: How many members, Mr. Mayor?
Mayor Clark: Forty-three.
9 May 5, 1994
Vice Mayor Dawkins: Forty-three are from the community at large, or each Commissioner gets
four, five, or none, or what?
Mayor Clark: I think each Commissioner gets about five.
Vice Mayor Dawkins: Five, OK.
Mayor Clark: You'll hold up on yours?
f Vice Mayor Dawkins: Yes, sir, please, Mr. Mayor.
1
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: Do we have a copy of the 43 members on the list?
Mayor Clark: I don't have it presently.
Commissioner Plummer: Which item?
. Mayor Clark: You want to hold on this altogether, J.L.?
Commissioner De Yurre: Yes.
f.
Commissioner Plummer: I'm sorry.
Mayor Clark: Do you want to hold up until the next...
Commissioner De Yurre: I'd like to see the list.
Vice Mayor Dawkins: I'd like to see the list, also.
Mayor Clark: All right, hold on this one.
Commissioner Plummer: Well, you know, let's understand, the Beautification Board is a board
that doesn't create any problems. They are out just working for the benefit of the City, and if
they had 100 members, so be it. I think that they serve there with distinction only for one thing,
and that's to make our City a better place. So if they want 50 members, there is no cost
involved, they go to a luncheon, and that's the way to keep them there, and keep them active. I
have no problem with it.
Vice Mayor Dawkins: The only problem I have, J.L., is of the 43 - and I have to go by names
because I don't see people - only one who may be... what I'm looking for is Smith, and that's
k . one of the names. Thompson may be one of the names. And that's the only two I see on there.
Mayor Clark: Well, let's hold it up for the next meeting on the Beautification. Commissioner...
Commissioner Plummer: Knowing the committee, Mr. Mayor, I would say, Mr. Dawkins, they
would welcome any and all that you would like to add to that list.
Mayor Clark: You can add to it 100 if you want.
�,. Commissioner Plummer: That's true.
Vice Mayor Dawkins: All right, I'll bring you 100 Smiths, Williams, Jones, and that type.
10 May 5, 1994
Commissioner Plummer: Bring eight...
Mayor Clark: But you've got to have pitchers and catchers. You can't have.., and out -fielders.
Vice Mayor Dawkins: And some good people with Nassuvian names.
Commissioner Plummer: Bring $18 for their lunch, and you got it made.
Vice Mayor Dawkins: All right. No problem. I'll have you 100 of them, if that's what you all
want, I have no problem with it.
Mayor Clark: Please. The more, the merrier.
Vice Mayor Dawkins: Madam Clerk. Madam Clerk. Make sure I provide you with 100 names,
especially some with Nassuvian names. OK, out of the Grove.
Mayor Clark: What about Key West?
Vice Mayor Dawkins: OK.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
7. DISCUSS AND DEFER TO NEXT MEETING CONSIDERATION OF PROPOSED
RESOLUTION TO APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
COMMISSION ON THE STATUS OF WOMEN.
Mayor Clark: Commission on the Status of Women.
Vice Mayor Dawkins: Mr. Mayor, somebody wants to say something.
f Mayor Clark: Yes, ma'am.
j
Ms. Betty Kaynor: Good morning. Good morning.
Mayor Clark: Yes, ma'am.
l
Ms. Kaynor: I am the coordinator of the Commission on the Status of Women.
Mayor Clark: Your name, please, for the record.
Ms. Kaynor: My name is Betty Kaynor.
Mayor Clark: Yes, ma'am.
Ms. Kaynor. And we have asked each of you, and I have a copy of the letter here, about the
4`
possibility of reappointing our Commission.
j Commissioner Plummer: Well, I have - I think I have a problem here - that Yvonne McDonald
did not wish to...
11 May 5, 1994
Ms. Kaynor: Well, she could not serve, sir. And she...
Commissioner Plummer: She didn't want to be reappointed, and she was appointed originally
by me.
Ms. Kaynor: I know, she, was, Commissioner Plummer. Let me give you a list here. She was
unable to serve.
f
Commissioner Gort: I'll give you a name.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Gort: Mr. Mayor, my understanding is we have some appointments, but also we
can appoint at large. I'd like to know how many positions we have. Because I'll like to add
someone, maybe J.L...
Commissioner Plummer: You want...
Commissioner Gort: My appointment is...
Ms. Matty Hirai (City Clerk): Commissioner.
Commissioner Plummer: Who do you want, Marin Smith?
Commissioner Gort: My appointment is Marin Smith, but I'd also like...
Commissioner Plummer: Do you recommend Marin Smith?
Mayor Clark: Wait a minute. Just a minute now. How many appointments each Commissioner
have?
k
Ms. Hirai: There are 25 total members, and the...
Mayor Clark: How many?
Ms. Hirai: We have... on the Commission of the Status of Women, we have 25 members. It is
i up to the Commission to decide how many of those they would like to appoint.
Vice Mayor Dawkins: Let me bring you up to date, Mr. Mayor. At one time, the City
Commission appointed all of the ladies on the Commission on the Status of Women. Then the
Commission on the Status of Women decided they did not want us to appoint them, that they
wanted to provide names, and we had to confirm or turn down those names. And that's how we
got where we are.
Ms. Hirai: Mr. Vice Mayor, if I may clarify. Out of the 25, 16 were appointed by the City...
nominated...
Vice Mayor Dawkins: A list submitted by them?
Ms. Hirai: Yes. Submitted by them.
Vice Mayor Dawkins: By a list submitted by them.
12 May 5, 1994
Ms. Hirai: Yes, Mr. Vice Mayor. Submitted by them, confirmed by you. And seven were
directly appointed by the City Commission.
Mayor Clark: Well, a new day at the court here. We are going to do what the Commission
would like to do now. How many persons are present here that are members of the Status of
Women? Would you go down the line, and give us your name, please?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Vice Mayor Dawkins: Talk a little louder, please, ma'am.
Ms. Kaynor: Would you like to come over here?
Vice Mayor Dawkins: And then you name each one of them.
Ms. Bernadette Morris: My name is Bernadette Morris.
Mayor Clark: All right.
Ms. Miriam Schofield: Miriam Schofield.
Mayor Clark: All right.
Ms. Rosario Roman: My name is Rosario Roman.
Mayor Clark: All right.
Ms. Racheal Isan: My name is Racheal Isan.
Mayor Clark: Yes, ma'am.
Ms. Rose Marie Gordon -Wallace: Rose Marie Gordon -Wallace.
Mayor Clark: Yes.
Commissioner Plummer: I thought Chuck Strouse was going to be one of the Status of Women
now.
Ms. Kaynor: OK.
Commissioner Plummer: I wouldn't vote for him.
Ms. Pauline Ramos: Pauline Ramos.
Ms. Marin Smith: Marin Smith.
Ms. Luisa Garcia -Toledo: Luisa Garcia -Toledo.
Ms. Regina Berman: Regina Berman.
Ms. Kaynor: And the others... Would you like the names of... Oh! I didn't see you.
13 May 5, 1994
Ms. Pola Reydburd: Pola Reydburd.
Ms. Crystal Griggs: Crystal Griggs.
Mayor Clark: Have you submitted, or your chairperson submitted a list of all these names and
nominees to the Commission?
Ms. Kaynor: Yes, sir. We have, and we've submitted it to the City Clerk. And we also
submitted it in a letter that was personally delivered to each of your offices, or to you requesting
the reappointment of these women.
Mayor Clark: Well, I haven't seen it, personally, myself. Could you get another copy to us? Do
you want to hold up on this, gentlemen?
Ms. Kaynor: Here is a copy.
Commissioner De Yurre: I got two appointments.
Ms. Kaynor: Incidentally, there is a women on there that unfortunately...
Commissioner Gort: You have to speak in the mike.
Ms. Hirai: Excuse me. Would you kindly...
Vice Mayor Dawkins: Come to the mike.
Ms. Hirai: Yes.
Ms. Kaynor: Commissioner Dawkins, I don't know whether you know that one of your
appointments has not accepted reappointment. But Shelley Jones started a job today for the
trillion dollar acquisition fund for Fanny Mae in Washington. So we've lost her, and she will be
resigning, too, very soon. She has been now scratched from our reappointment list.
Commissioner Plummer: Question.
Mayor Clark: Yes, sir.
Ms. Kaynor: Yes, sir.
Commissioner Plummer: Have you verifiec;r that all of these ladies either work, live, or have
business in the City?
Ms. Kaynor: Yes, sir. However, we will need waivers for six of our members.
Mayor Clark: Well.
Vice Mayor Dawkins: If they all live, why do you need a waiver?
Ms. Kaynor: Because they do not all live in the City, nor work in the City, or own a business in
the City. We have women whose business takes them into the City, but their offices are not.
Commissioner Plummer: Mr. Mayor, I move that this item be deferred.
Mayor Clark: Yes, sir.
14 May 5, 1994
Commissioner Plummer: I have stated that - and I'm not speaking... I don't even know who the
six are, and I don't want to know who don't live in the City - but if we've got a process, and we
are going to stick to the process, then I think that's what we've got to do because the minute we
open the door, and start giving waivers, I don't think we are really going to accomplish anything.
What we are trying to accomplish here...
Mayor Clark: All right.
Ms. Kaynor: Commissioner Plummer, may I speak to that for just a second?
Commissioner Plummer: Sure.
Ms. Kaynor: We were hoping for the reappointment of this very active board that you have. I
want to commend to you the women who are on your Commission on the Status of Women.
They are, without a doubt, one of the most active groups in the entire women's community. And
we were hoping for the reappointment for the first two years, and then they could be replaced
after that. Because we have a number of programs under way that we would like to continue.
Mayor Clark: Thank you for your presentation. Motion and a second. With no exceptions, cast
a unanimous ballot on deferral.
Commissioner Plummer: Just for the record, Mr. Mayor. I think for the benefit of those in this
particular case, and any others that might come up today, you serve until your successor has been
appointed. So those women that are there, today, stay there until an action of this Commission.
Mayor Clark: That is right, exactly.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, ITEM 7 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
f ABSENT: None.
15 May 5, 1994
............. -.....................................................................................................
8. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE TAX-
EXEMPT PROPERTY STEERING COMMITTEE. (Reappointed were: Josefina
Sanchez-Pando, Melanie C. Paisley -Thomas and Robert Fairless. Pending still are two
appointments to be made.)
j-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, Tax -Exempt Property Steering Committee.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Before we go into that, I'd like to ask a question. My understanding is
from the statement that Mr. Plummer just made is that the person we appoint will serve to the
Commission. What if, at one time, the Commission is not satisfied with the work being done by
this individual? What would be the procedure to get them off?
Mayor Clark: Well, they serve until they are either reappointed, or someone is put in their
position. That's the law.
Commissioner Plummer: But I think what he's asking... Mr. City Attorney, is there a basis for
the removal of office? Is it malfeasance, misfeasance?
A. Quinn Jones III, Esq. (City Attorney): You'd have to look at the - I guess - at the...
Mayor Clark: Attendance record.
Mr. Jones: Yes. And also look at the particular provisions, because some of the boards and
committees have specific provisions for removal, while others don't. So I think you'd have to do
it on a case -by -case basis, a board by board basis.
Commissioner Plummer: All right. Now, let me ask another question. Anyone that I appoint
here today, according to my understanding of the new rules, that appointment is only until I run
again, or my successor.
Mr. Jones: That's correct.
Commissioner Plummer: In other words, it's no longer a two, four, six -year appointment. If I
appoint somebody today, I run next November, that appointment is good until that time.
Mr. Jones: That was at the Commission's direction to be established like that.
Commissioner Plummer: OK. Well, as long as everybody knows what, in fact, is the name of
the game. OK.
Mayor Clark: No set time. The set time is your own term of office.
Commissioner Plummer: Correct, sir.
Mayor Clark: OK. On the Tax Exempt Property... OK, Willy?
16 May 5, 1994
Commissioner Gort: Yes. Thank you.
Mayor Clark: Tax -Exempt Property Steering Committee.
Commissioner Plummer: I'll have to pass on that because the gentleman I want, Mr. Mayor,
does not meet the criteria at this point. So I'll have to get someone else.
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: Josefina Sanchez-Pando.
Mayor Clark: Sir?
Commissioner Gort: I reappoint Josefina Sanchez-Pando.
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: I reappoint Melanie Paisley -Thomas.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: I'm holding off.
Mayor Clark: My appointment is Robert Fairless, member of the Miami Board of Realtors.
Madam Clerk, with those two exceptions, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-307
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE TAX-EXEMPT PROPERTY STEERING COMMITTEE FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
May S, 1994
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: Just for the record, and I think we need a clarification to make sure it's
OK. You and I have appointed Robert Fairless to two separate boards.
Mayor Clark: He's on two separate boards?
Commissioner De Yurre: Yeah. I just want to make sure he can serve on both of them. I just
appointed him to the Occupational License Equity Study.
Mayor Clark: Well, hold mine up then too, Madam Clerk, until we check that out.
Mr. Jones: And what's the other board, Commissioner?
Commissioner De Yurre: And the Mayor just appointed him to the Tax -Exempt Property
Steering Committee.
Mr. Jones: They are both advisory, so there is no problem.
Commissioner De Yurre: No problem? OK.
-------------------------------------------------------------------------------------------------------------------
9. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
MIAMI AUDIT ADVISORY COMMITTEE. (Appointed were: Mirtha Guerra Aguirre
and Juan J. Sanchez. Reappointed was: Arturo Jordan. Pending still is one appointment
to be made.) (See label 67.1)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, the Audit Advisory Committee. Mr. Plummer.
Commissioner Plummer: I will pass at this time.
Mayor Clark: Mr. Gort.
Commissioner Gort: Which one?
Commissioner Plummer: Audit, nine.
Mayor Clark: Audit Advisory.
Vice Mayor Dawkins: Eight, Willy.
Ms. Matty Hirai (City Clerk): Nine.
Mayor Clark: Nine.
Vice Mayor Dawkins: We are on nine.
18 May 5, 1994
Commissioner Gort: We are now on the Miami Audit Advisory Committee?
Mayor Clark: Yes, sir.
Commissioner Gort: Mirtha Guerra.
Mayor Clark: OK. Mr. Dawkins.
Vice Mayor Dawkins: I'll pass.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Arturo Jordan.
Mayor Clark: My appointment is Juan J. Sanchez. With no exception, now, Madam Clerk, cast
a unanimous ballot on those appointments, and hold up on the other that didn't make them yet.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-308
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS
OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
19 May 5, 1994
------ ---------------------- ---------------------------------------------------------------------------------------
10. DISCUSS AND DEFER (TO JUNE 9TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPOINT INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE --
DIRECT CITY ATTORNEY TO DRAFT PROPOSED AMENDMENT TO
ORDINANCE 11130 TO PLACE COCONUT GROVE PARKING ADVISORY
COMMITTEE UNDER OFF-STREET PARKING AUTHORITY.
Mayor Clark: Coconut Grove Parking Advisory Committee.
Commissioner Plummer: We have nine members, and I'm showing here that I only have one
appointment to an at -large.
Mr. Cesar Odio (City Manager): That was withdrawn, Mr. Mayor.
Ms. Matty Hirai (City Clerk): Yes.
Commissioner Plummer: That was withdrawn?
Mr. Odio: Yes.
Mayor Clark: I think we... aren't we awaiting some nominations from the Coconut Grove
Chamber of Commerce?
Mr. Odio: Or something. It was withdrawn, but...
Mayor Clark: Recommendations?
Ms. Hirai: Yes.
Commissioner Plummer: Can I ask why it was withdrawn?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Commissioner Plummer: Uh? Why was it withdrawn?
Mr. Odio: I have to check that.
A. Quinn Jones III, Esq. (City Attorney): I can tell you part of the reason was part of the
recommendation of the Boards Review Committee was that it be made a part of the Department
of Off -Street Parking. So there are some particulars that have to be worked out in terms of the
actual structure that have to be ironed out and brought back to you in the form of an ordinance.
Because as it stands right now, we would have to amend the ordinance to include them as part of
Off -Street Parking.
Commissioner Plummer: Fine.
Vice Mayor Dawkins: I beg your pardon? Why?
20 May 5, 1994
1
3
i
Commissioner Plummer: I don't understand it.
Vice Mayor Dawkins: Why would you amend it to add them on as part of Off -Street Parking? I
have enough problems with Off -Street Parking without putting something else over there for me
to have a problem with.
l Mr. Jones: Well, you, Commissioner, Mr. Vice Mayor, that was the... that was one of the
1 recommendations of that committee. You adopted the committee's report.
Vice Mayor Dawkins: OK. Well, all right, bring it back. Mr. Mayor, I will move that this be
brought back as a separate item for a discussion.
Mayor Clark: All right. With no exception, it will be brought back at the next meeting. You'll
be ready, Mr. Attorney, at that time?
Mr. Jones: What meeting, Mr. Mayor? I'm sorry, what meeting?
Mayor Clark: The request of Mr. Dawkins.
Vice Mayor Dawkins: What meeting? Whatever meeting we can fit it in. We are running... I
mean, let's...
Mr. Jones: Probably June 9th we'll be the...
Vice Mayor Dawkins: Because July is the last meeting. So you and the Manager, you guys,
have to sit down, and figure out what we can accomplish, and what we can't, Mr. City Attorney,
and Mr. Manager.
Mayor Clark: All right, sir.
Commissioner Plummer: Mr. Manager, what happened to our calendar?
Ms. Matty Hirai (City Clerk): Excuse me, we were told that because of the construction of the
elevator, we had to bring down everything we had, including... anything.
Commissioner Gort: It can fall on somebody's head.
Ms. Hirai: Yes.
Commissioner Plummer: In other words, TV cameras, which are a very sensitive technical
issue, they are not...
Ms. Hirai: Commissioner, before you there should be a calendar that we have placed before you
to assist you.
Commissioner Plummer: Thank you, I'll bring my own calendar. It was just so convenient to
lookup and see when the next meeting was.
Ms. Hirai: Yes.
Mayor Clark: All right.
21
May 5,1994
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO.94-309
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 10 (PROPOSED
RESOLUTION TO APPOINT INDIVIDUALS TO THE COCONUT GROVE
PARKING ADVISORY COMMITTEE) TO THE CITY COMMISSION MEETING OF
JUNE 9, 1994, IN ORDER TO ALLOW THE CITY ATTORNEY TO BRING BACK
(AS A SEPARATE ITEM FOR DISCUSSION ON THE AGENDA) A PROPOSED
AMENDMENT TO ORDINANCE 11130 PLACING THE COCONUT GROVE
PARKING ADVISORY COMMITTEE UNDER THE OFF-STREET PARKING
AUTHORITY, FOR THE COMMISSIONS' CONSIDERATION.
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.
----------------------------------------------------- ------ - -
11. APPOINT I REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE LATIN
QUARTER REVIEW BOARD. (Appointed were: Jose Navarro and Walter Martinez.
Reappointed were: Hector Gasca, Tony Wagner, Daniel Perez-Zarraga, Mariano Corral
and Tessi Garcia. Pending still are two appointments to be made.)
------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Latin Quarter Review Board. Mr. Plummer.
Commissioner Plummer: Mr. Mayor, I nominate Hector Gasca, and Jose Navarro.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: I reappoint Tony Wagner and...
f Ms. Matty Hirai (City Clerk): Excuse me, your microphone is not on, Commissioner. The
microphone.
Commissioner Plummer: Excuse me.
Commissioner Gort: All right.
1
Ms. Hirai: Yes.
Commissioner Gort: I reappoint Tony Wagner and Walter Martinez.
22
May 5, 1994
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: I have to get to check the residency of my two, so I pass on that, Mr.
Mayor.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: Daniel Perez-Zarraga, and Mariano Corral.
Mayor Clark: All right. I have Walter Martinez, an architect.
Commissioner Plummer: No, wait a minute. Somebody just appointed Walter Martinez.
Mayor Clark: Did you?
A. Quinn Jones III, Esq. (City Attorney): Yes, Commissioner Gort.
Commissioner Plummer: Willy did... Didn't you appoint Walter Martinez?
Commissioner Gort: Yes.
Mayor Clark: I have one then, Tessie Garcia.
Commissioner De Yurre: So they can serve twice.
Mayor Clark: I'll have another one the next time around. I've got one open. OK.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir. So I'll waive Walter Martinez to Commissioner De Yurre.
Commissioner De Yurre: No, no. It's... the Mayor is the one that appointed him.
Commissioner Gort: The Mayor? OK. Fine.
Commissioner Plummer: Yeah.
Commissioner Gort: I'll just reappoint Tony Wagner.
Mayor Clark: OK. Walter Martinez. We'll sort it out. Madam Clerk, no discussion, cast a
unanimous ballot, please.
The following resolution was introduced by Commissioner Plummer who moved its adoption:
RESOLUTION NO.94-310
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
23
May S, 1994
Rd
N
i
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------- • --
.12. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
NUISANCE ABATEMENT BOARD. (Appointed were: Guillermo A. Revuelta &
Norman Powell, Esq. Reappointed were: Carolyn Cope & Bob Valledor. Pending still is
one appointment to be made.)
------------------------------------------------------------------------------------------------ ---
Mayor Clark: Nuisance Abatement Board.
Commissioner Plummer: I nominate Carolyn Cope.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: I'm sorry, Mr. Mayor, where are we at?
Mayor Clark: Nuisance Abatement Board.
Commissioner Plummer: Nuisance Abatement Board.
Commissioner Gort: Guillermo Revuelta.
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: The present appointee does not want to serve anymore, Mr. Kishor
Parekh. So I'll pass and find a new one, please.
Mayor Clark: OK. Mr. De Yurre.
Commissioner De Yurre: Bob Valledor.
Mayon Clark: Bob Valledor. I have Norman Powell, attorney. With no exceptions, Madam
Clerk, for those appointments, cast a unanimous ballot.
f
24 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-311
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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:
ABSENT:
`i
None.
None.
ti
------------------------------------------------------- ---- - - -
13. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
INTERNATIONAL TRADE BOARD. (Appointed were: Julian Linares, Alfredo
Hildago-Gato and Randolph Espinet. Reappointed were: Dorothy Baker, Ibrahim Malki-
Kawa, Robert Brown, Tom Kallman, Dwayne Wynn, Bob Rodriguez and Ignacio
Bustillo. Pending still are five appointments to be made.) (See label 25)
t Mayor Clark: International Trade Board.
Commissioner Plummer: I got a problem here, Mr. Mayor.
Mayor Clark: Why?
Commissioner Plummer: I got a problem.
Mayor Clark: What is the problem?
Commissioner Plummer: I'll pass until the afternoon.
Mayor Clark: Well, pass until the next meeting, then, J.L.
Commissioner Plummer: All right. I'll pass till the next meeting.
Mayor Clark: You have problems? You have any problem? Go ahead.
Commissioner Gort: I have two of the three appointments. One is Julian Linares.
25
apia)
Mayor Clark: All right.
Commissioner Gort: The other one is Alfredo Hidalgo-Gato, and I'll save the other one to verify
the address.
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: I have a problem with the Sports Authority, and with the ITB
(International Trade Board). According to this document that we have here, it says that the
Sports Authority... "no member of the Commission will be a member of the Sports Authority."
It says, page 20, "the City Commission appointed to be a member of the Authority." They
scratched that. And also for the ITB, it said that no member of the City Commission shall be a
member of the International Trade Board, and that the chairman, and the vicechairman of the
International Trade Board will be appointed from the members appointed, and, in my estimation,
that is not what this Commission passed. But, yet... I mean, that was not our intent, Mr. Mayor.
But, yet, this is signed as substance and true by the Clerk, Assistant...
Commissioner Plummer: That was removed.
Vice Mayor Dawkins: ...City Attorney, the City Attorney. And it says this is right. Now, what
is right?
Mayor Clark: Madam Clerk.
Ms. Matty Hirai (City Clerk): Mr. Vice Mayor, with all due respect, we approached the Law
Department on that issue, and they said that they had taken it out so that the Commission could
have its wishes. You can reappoint yourselves to the jobs that you have.
Vice Mayor Dawkins: So...
Commissioner Plummer: Yeah, no question.
Ms. Hirai: And they eliminated it for you to have your wish...
Commissioner Plummer: Excuse me. There is a motion that I made that was two parts. One,
that Commissioners could serve as chairman of boards. And, number two, to reinstate what had
been recommended to be eliminated to the Waterfront Board. That motion was presented by me
at this Commission...
Ms. Hirai: Yes.
Commissioner Plummer: ...and passed unanimously. So I don't know why there is any
confusion.
Ms. Hirai: No confusion, sir. When we approached the Law Department, they said we had done
specifically for that purpose.
Commissioner Plummer: OK. All right.
Ms. Hirai: The Commission can now decide what it wishes to do.
Commissioner Plummer: OK.
26
May 5, 1994
0
Ms. Hirai: And if it be to reappoint yourselves, that's fine.
Mayor Clark: So we still have the reins up here.
Commissioner Plummer: Yeah.
Mayor Clark: OK.
Vice Mayor Dawkins: OK. Let me read the minutes for you. Commissioner Plummer, minutes
of February 17, 1994. "...Number two, that in the case of boards and committees, that
Commissioners can remain on, but explicitly cannot be on the Off -Street Parking Authority."
Now, if in fact, we can accept that, and there are many changes that have to be made to the
ordinance, OK, according to the Clerk. The second one where the Commissioners can remain on
boards and committees as they presently do so. That was the motion and passed February the
17th...
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: By this Commission. Now, what takes precedence, the minutes, or this?
Mayor Clark: That's what she said. We can make up your own mind on that.
Vice Mayor Dawkins: Thank you, sir.
Commissioner Plummer: But takes precedence is what we want.
Vice Mayor Dawkins: OK.
Mayor Clark: All right. International Trade Board. You pass on that, J.L.?
Commissioner Plummer: Sir, I have to pass at this time. I've only got three appointments, and
I've got four names here. I've got to go back and figure out how to juggle.
Mayor Clark: OK. Mr... I wish I had to juggle mine.
Commissioner Plummer: I'm hoping that somebody might appoint one of my four, then I'm
back down to three.
Mayor Clark: Did you make yours, Mr. Gort? The International Trade Board.
Commissioner Gort: Yes, I have one left which I'll do later on.
Mayor Clark: Mr. Dawkins.
Commissioner Plummer: Willy, I'm sorry. Who did you appoint?
Commissioner Gort: Julian Linares and...
Vice Mayor Dawkins: How many do I have?
Commissioner Plummer: We all have three.
Ms. Hirai: Three.
27 May 5, 1994
Im
Commissioner Gort: Three.
Commissioner Plummer: Who do you have, Willy? Julian...
Commissioner Gort: Julian Linares, and Alfredo Hidalgo-Gato.
Ms. Hirai: And one pending.
ViceMayor Dawkins: OK. Dorothy Baker, reappoint.
i_
Commissioner Plummer: Good. Ibrahim Kawa, reappoint, and Robert Brown, reappoint.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Tom Kallman, and Dwayne Wynn. I'm going to hold back on my
third.
Mayor Clark: All right. My appointments will be Randolph Espinet, Bob Rodriguez.
Vice Mayor Dawkins: Hold it. I may have to change. Mr. De Yurre says he thinks Mr. Brown
lives in Broward County. If he does, I will get somebody like him from Dade County.
Mayor Clark: All right, sir. Bob Rodriguez and Ignacio Bustillo. You got those, all right,
Madam Clerk? With no further corrections, deletions or additions, we'll cast a unanimous
ballot, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-312
A MOTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF
THE INTERNATIONAL TRADE BOARD:
JULIAN LINARES AND ALFREDO HIDALGO-GATO (nominated by Commissioner
Gort)
DOROTHY BAKER, IBRAHIM MALKI-KAWA AND ROBERT BROWN (nominated
by Vice Mayor Dawkins)
TOM KALLMAN AND DWAYNE WYNN (nominated by Commissioner De Yurre)
RANDOLPH ESPINET, BOB RODRIGUEZ AND IGNACIO BUSTILLO (nominated
by Mayor Clark).
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.
28 May 5, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
! AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
t-
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
I
------------------------ ---------------------------------------------------------- ------------------------------
14. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
HEALTH FACILITIES AUTHORITY. (Appointed were: Dr. David Nateman and
Monna Lighte. Reappointed were: Charles Beber, Rev. Richard M. Barry & Maria
Alonso Martinez. Pending still is one appointment to be made.)
i---- -------------------------------------------------------------------------------------------------------
Mayor Clark: Health Facilities Authority.
Commissioner Plummer: My nomination is Mr. Charles Beber.
Mayor Clark: All right. Yours, Mr. Gort?
Commissioner Gort: Monna Lighte.
Mayor Clark. Mr. Dawkins.
Vice Mayor Dawkins: I think I'd like to change Reverend Barry... No, Father Barry would be
fine. Go ahead.
Mayor Clark: Better keep him there. He's a good man. Mr. De Yurre.
Commissioner De Yurre: Maria Alonso Martinez.
Commissioner Plummer: Miriam Alonso who?
I
Mayor Clark: He knows better than to do that. God rest them all. All right. Do you have
yours? Dr. David Nateman, a well respected Grove doctor. OK. You got them all, Madam
Clerk?
Ms. Hirai: Yes, Mr. Mayor.
Mayor Clark: With no exception, cast a unanimous ballot.
29 May 5, 1994
1
The following resolution was introduced by Comm issionerPlummer, who moved its
adoption:
RESOLUTION NO.94-313
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HEALTH FACILITIES AUTHORITY FOR TERMS OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
------------------------------------------------------------------------------------------
15. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY. (Appointed were: Elliot
Dinnerstein & Bill Bayer (honorary, non -voting*). Reappointed were: Stephen Nuell,
Robert Ratiner, Eli Feinberg, Julio Gonzalez-Rebull, Tyrone Williams, Frankie Rolle,
Ken Albano, Neal Harrington & Julius J. ("Skip") Shepard.) *[Note: Mr. Bayer was later
appointed as a regular, voting member.] (See labels 23 & 69)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: This is something else. Can I have my colleagues' ear for a second? For an
appointment to a board, not to vote ex officio, but because of his history in the community and
everything else, he will not be a voting member, and I refer to Bill Bayer. He would love to stay
active.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Sir.
Commissioner Plummer: We have many boards in which we have alternate members, and,
sometimes, they really serve a purpose, when you're trying to get a quorum, where an alternate
member can fill in, in the absence of a regular member. I don't think this particular board has a
provision for alternate members, at least to my knowledge, it doesn't presently. It doesn't
exclude that we couldn't build that into the ordinance. Victor, how many do you have or did you
have on the ITB (International Trade Board)? As I remember, there were five?
Commissioner De Yurre: We had more. I think we had, like, ten alternates.
30 May 5,1994
Commissioner Plummer: Alternates, but they're now eliminated.
Commissioner De Yurre: Yes.
Mayor Clark: Well, I think you know of his service not only in our community, but he wants to
serve as an ex officio, nonvoting member.
Commissioner De Yurre: Honorary member kind of thing.
Mayor Clark: Honorary member. How can we do that?
Commissioner Plummer: That's fine. That's fine.
Mayor Clark: Can we do that?
A. Quinn Jones, III, Esq. (City Attorney): Yeah, that's OK.
Mayor Clark: All right. OK, honorary member. You have your appointments, first of all, Mr.
Plummer?
Commissioner Plummer: Mr. Mayor, my appointments for the Sports and Exhibition Authority
are Mr. Stephen Nuell, and the next one, let me clarify for the record, is my son-in-law, who,
when I first appointed him, was not my son-in-law. It's not because I appointed him that he
married my daughter.
Vice Mayor Dawkins: You want to bet?
Commissioner De Yurre: It's those tickets. Tickets, tickets, tickets.
Commissioner Plummer: But a very fine young man by the name of Bob Ratiner, and I've
checked it out, and there's no problem with my appointing him again to a second term. So those
are my two names.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, I'd like to reappoint two individuals that were there. One was
there from the founding members, which is Eli Feinberg, and the other one is Julio Gonzalez
Rebull. However, I have to check on the address. My understanding is Eli Feinberg sent a fax
that is stating that he does not live within the City of Miami.
Vice Mayor Dawkins: He has a business in the City, though, I think. He does business in the
City.
Commissioner Plummer: He used to.
Vice Mayor Dawkins: I don't know.
Mayor Clark: I think he still does.
Ms. Matty Hirai (City Clerk): The ordinance, when passed, said that by 4/5ths vote...
Mayor Clark: We'll check it out. I think it's OK.
Commissioner Gort: OK.
31 May 5, 1994
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: Mr. Tyrone Williams and Mrs. Frankie Rolle.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: I have one appointment at this time, Ken Albano.
Mayor Clark: Ken Albano.
Commissioner Plummer: I'm sorry. Who did you nominate?
Commissioner De Yurre: Kenny Albano.
4
Commissioner Plummer: And?
Commissioner De Yurre: One, only one.
Commissioner Plummer: Oh, OK.
Mayor Clark: I have the appointment of three. Neal Harrington, Elliot Dinnerstein and Skip
Shepard. And as a member, advisory member to the board, Mr. Bill Bayer.
Vice Mayor Dawkins: Nonvoting.
Mayor Clark: Nonvoting.
Commissioner De Yurre: Honorary.
Vice Mayor Dawkins: Honorary.
Mayor Clark: Honorary. To the privileges of the board, you understand what I mean, that's all,
but nonvoting member. Any other discussion?
Mr. Jones: Yeah, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Jones: You also need to ratify the members you appointed - I don't know how many were
appointed - on the 24th.
Ms. Hirai: They have just been reappointed.
Mr. Jones: They reappointed them? OK.
Ms. Hirai: Yes, they have been.
Mayor Clark: With no further discussion, we'll cast a unanimous ballot on those appointments.
32 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-314
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
j (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:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
None.
None.
-------------------------------------------------------------------------------------------------------------------
16. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
MIAMI WATERFRONT ADVISORY BOARD. (Appointed were: Fernando Aran,
Larry Perl, Steve Kneapler & David Berley. Reappointed were: Bijan Nakhjavan & Bob
Lewis. Pending still are three appointments to be made.)
Mayor Clark: Now 17, Property and Asset...
Commissioner Plummer: Well, what about 16?
r
Ms. Matty Hirai (City Clerk): Sixteen.
Mayor Clark: I'm sorry. Waterfront Advisory Board. Didn't we take care of that before?
Commissioner Plummer: We reinstated them.
Mayor Clark: I thought we reinstated the board and everything else, didn't we?
Commissioner De Yurre: But not the new members.
Commissioner Plummer: It says here, each Commissioner has two members and one alternate.
Mayor Clark: All right. I don't have an alternate, I've got two members. Go ahead, J.L.
Vice Mayor Dawkins: Just a minute, Mr. Mayor. The alternate has voting privileges or
I nonvoting privileges?
33 May 5, 1994
Commissioner Plummer: An alternate usually has voting privileges in the absence of a regular
member.
Vice Mayor Dawkins: OK. Because I know on the ITB (International Trade Board), they did
not let alternates vote.
Commissioner Plummer: That is correct.
Vice Mayor Dawkins: All right. So, now, that's why you need to get things straight, here, now.
Mayor Clark: You're making the law right here, Mr. Dawkins.
Vice Mayor Dawkins: All right. Thank you, sir. Alternates have a right to sit in and vote when
the regular member isn't there.
Mayor Clark: That he's representing.
Vice Mayor Dawkins: That he represents.
Mayor Clark: All right. Just like a jury, all right. Do you have any members?
Vice Mayor Dawkins: Bijan, and I'll hold off on one, because I don't know which one of these...
Mayor Clark: All right. Mr....
Vice Mayor Dawkins: But I will not have an alternate.
Mayor Clark: OK. Mr. De Yurre.
Commissioner De Yurre: Yes, I appoint Larry Pearl and Steve Kneapler.
Mayor Clark: All right.
Commissioner Plummer: To what, now?
Commissioner De Yurre: The Waterfront Advisory Board.
Mayor Clark: To the Waterfront Advisory Board. Well, whatever.
Commissioner Plummer: I nominate Davy Jones and Charlie Tuna!
Mayor Clark: All right. You got yours, Willy?
Commissioner Gort: I only have one, which is Fernando Aran.
Mayor Clark: The Clerk will advise each member of this Commission what they have done and
what they haven't done, and tell them the activity that takes place at the next meeting. My two
appointments are David Berley and Bob Lewis. Bob Lewis, a longtime guy. All right. With no
exception, Madam Clerk...
Commissioner Plummer: I'll hold mine.
Mayor Clark: ... we cast a unanimous ballot, and tell us what we have left on alternates or
appointments on each one of these boards.
34 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-315
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI WATERFRONT ADVISORY BOARD FOR TERMS
OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE PROPERTY AND
ASSET REVIEW COMMITTEE. (Appointed were: Albert Maloof, Ruben Oliva,
Joseph Corral & Roger Barreto. Pending still is one appointment to be made.)
Mayor Clark: Property Asset and Review Committee.
Commissioner Plummer: My recommendation is Mr. Albert Maloof.
Mayor Clark: OK. Mr. Gort.
Commissioner Gort: Ruben Oliva.
Mayor Clark: All right. Mine is Roger Barreto. Roger.
Commissioner Plummer: The father.
Mayor Clark: The father. And Mr. Dawkins.
Vice Mayor Dawkins: I pass.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Joseph Corral.
35 May 5, 1994
Mayor Clark: All right. If we have no further appointments at this time, please cast a
unanimous ballot on everything that we've done so far.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-316
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
w
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------------------------------------------------------------------------
18. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE BUDGET AND
FINANCES REVIEW COMMITTEE. (Appointed were: Larry Handfield, Esq., Rev.
Ralph M. Ross, Antonio J. Cabrera & Richard Berkowitz. Pending still is one
appointment to be made.)
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I pass on 18.
Commissioner Gort: On 18, I have Larry Handfield.
Mayor Clark: On 18, Richard Berkowitz. Mr. Dawkins.
Vice Mayor Dawkins: Reverend Ross.
Mayor Clark: Reverend Ross, all right.
a
f Vice Mayor Dawkins: Budget and Finance Review Committee.
Mayor Clark: That's right. Mr. De Yurre.
Commissioner De Yurre: Tony Cabrera.
' Mayor Clark: Tony Cabrera. With no further appointments, Madam Clerk, cast a unanimous
ballot on those appointments, and so notify each colleague.
36 May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
' RESOLUTION NO.94-317
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
i;
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.
------------------------------------------------------------------------------------------------ -
19. DISCUSS AND DEFER CONSIDERATION OF RESOLUTION TO APPOINT
INDIVIDUALS TO SERVE AS ALTERNATE MEMBERS OF THE CODE
ENFORCEMENT BOARD.
-------------------------------------------------------
Mayor Clark: Code Enforcement Board.
Commissioner Plummer: Now, let me ask a question here, Mr. Mayor. It says here this board
was not included on those who were sunsetted.
Ms. Matty Hirai (City Clerk): There were six exceptions under the ordinance.
Commissioner Plummer: I thought all boards were sunsetted.
Ms. Hirai: There were six boards that were exempted from it, Mr. Commissioner.
Mayor Clark: All right. We just got to reappoint to this board, J.L.
Vice Mayor Dawkins: Touchy, touchy, J.L. Touchy.
Ms. Hirai: If I may read them to you.
Vice Mayor Dawkins: You got to read it.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. What happened, you had six boards or, either,
authorities that were set - excuse me - that were established by Charter or pursuant to State
37 May 5,1994
statute, and to be consistent with that enabling legislation, there was no provision made for
sunsetting them.
Commissioner Plummer: So how do we change that?
Mayor Clark: Reappoint.
Commissioner Plummer: Well, no, what I'm saying is, how do you change that, Mr. Mayor, if
we're trying to be consistent across the board?
Mr. Jones: Well, you'd have to have a Charter amendment for those particular boards that were
set forth by Charter. For instance, both of the pension boards are set forth by Charter, there is no
provision for that. Code Enforcement, which was set forth by - in accordance with the State
statute - there's no provision for that. You'd have to petition the legislature for that. I don't
know what the others are offhand.
Commissioner Plummer: What about Zoning and Planning?
Mr. Jones: Those are by Charter as well.
Commissioner Plummer: Go ahead.
Ms. Hirai: Civil Service, Off -Street Parking, Code Enforcement, Planning Advisory, Zoning.
Affirmative Action was placed in there, but I am afraid to say it was for another reason that the
Law Department decided to put it in there. It has nothing to do with amending the Code.
Commissioner Plummer: Well, now, when are the Zoning appointments up? Some of them
have already passed.
Commissioner De Yurre: Well, I've got one that I have to appoint today.
Commissioner Plummer: But it's not on the agenda. That's why I'm asking.
Mr. Jones: Well, I think what decision was made with respect to the appointment was to wait
and see what you're going to do with the Zoning districts and whatever else. I think that was...
Commissioner Plummer: What about Planning?
Mr. Jones: That was considered as well, because the makeup of the PAB (Planning Advisory
Board) could very well change, as,well.
Commissioner Plummer: Well, are we going to make those appointments today?
Ms. Hirai: Commissioner...
Mr. Jones: No. What... Go ahead.
Ms. Hirai: If I may, in the meantime, they will continue to come to you as vacancies occur or a
term expires. However...
Commissioner Plummer: Well, some of them have already passed. Their expiration has already
passed.
Ms. Hirai: There is a requirement for an advertisement. There must be thirty days. We must
receive applications. There's a process that needs to be placed into motion. However, the two
38 May 5, 1994
nominations today is because presently, we have two vacancies. One belongs to you for an
unexpired term, Commissioner Plummer, and the other one to Commissioner Dawkins.
Commissioner Plummer: Who is mine that is the unexpired term? This is on Zoning?
Ms. Hirai: No, sir, on Code Enforcement.
Commissioner Plummer: Oh. All right. Who's the unexpired term?
Mayor Clark: Excuse me. Madam Clerk, did I not make an appointment sometime back to
Victor Haber on that board? He's serving on it.
Ms. Hirai: Yes, sir, and it is perfectly OK, because Code is one of the six exemptions, so the
terms did not expire as of the 25th.
Commissioner Plummer: Who is mine?
Ms. Hirai: So it was perfectly valid, your appointment.
Mayor Clark: OK.
Commissioner Plummer: Do you know who is mine that is the unexpired term?
Ms. Hirai: In a second, Commissioner, if I may.
Commissioner De Yurre: Mr. Mayor, meanwhile...
Ms. Teresita Fernandez: Mr. Plummer, Jack Topley resigned, and that's your...
Commissioner Plummer: So I need to...
Ms. Hirai: Eddie Gong. I'm sorry, Eddie Gong.
Commissioner Plummer: I need somebody to replace Mr. Topley?
Mayor Clark: Eddie Gong.
Commissioner Plummer: No, I never... Somewhere there was a confusion on that. I never
appointed Eddie Gong to that board. I appointed, or tried to appoint, Eddie Gong to the board
who was trying to do the tax revision of the tax-exempt property. I don't know where that
confusion came from.
Ms. Hirai: It was by Resolution 223.1. We'll be happy to bring it to you. And he declined. We
would be happy to bring the minutes, Mr. Plummer.
Commissioner Plummer: OK. I have two appointments on Code Enforcement, as I know it
presently. One is Mr. Topley, who resigned, and the other one is Avila.
Ms. Fernandez: And the other one is Mr. Ruben Avila, who is the chairman at the present time.
Commissioner Plummer: OK. So the only one up at this time that I need to make an
appointment for is Mr. Topley.
Ms. Fernandez: That's correct.
39 May 5, 1994
Commissioner Plummer: And I'll have to give you that one at a later date.
Vice Mayor Dawkins: Each Commissioner has two appointments to the Code Enforcement
Board?
Ms. Hirai: No, sir. It was one of the six exemptions under ordinance 11130, and the terms of
office did not sunset as of the 25th. Therefore, the only two that were up, now, were vacancies,
not appointments.
Mayor Clark: OK. Do you have anything further, Mr. Gort?
Commissioner Gort: I'll reappoint... No, I don't have any appointments to be made.
Mayor Clark: Well, I had appointed sometime back Mr. Haber.
Ms. Hirai: Yes, and it was perfectly valid.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: I pass.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: I don't have any appointment at this time.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-318
A MOTION ADVISING MAYOR DAWKINS AND COMMISSIONER
PLUMMER THAT THEY EACH HAVE ONE APPOINTMENT (ALTERNATE
MEMBER CATEGORY) TO BE MADE TO THE CODE ENFORCEMENT
BOARD; FURTHER ADVISING COMMISSIONER PLUMMER THAT HIS
APPOINTMENT IS DUE TO THE RESIGNATION OF JACK TOPLEY, AND
FURTHER ADVISING VICE MAYOR DAWKINS THAT HIS APPOINTMENT
IS DUE TO WILLIAM HART HAVING DECLINED HIS APPOINTMENT TO
SAID BOARD.
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:
ABSENT:
None.
None.
40 May 5, 1994
Mayor Clark: Now, the appointment at the board's discussion, please note that the Commission
must take a vote on each Commission nomination from each board.
Mr. Odio: Commissioner Dawkins, do you remember you asked Mr. Hart to come back to the
board? Do you still want to try to reappoint him?
Vice Mayor Dawkins: Do I have two appointments?
Mr. Odio: You have that one.
Vice Mayor Dawkins: No, I'm going to perhaps put... I'm going to talk with him and attempt to
put him on the Nuisance Abatement Board.
Mr. Odio: OK.
Vice Mayor Dawkins: Mr. Hart. That's why I held off, Mr. Manager.
-------------------------------------------------------------------------------------------------------------------
20. DISCUSSION CONCERNING APPOINT OF COMMISSIONERS AS MEMBERS OF
AUTHORITIES, BOARDS OR COMMITTEES - ANNUAL REVIEW.
(Note: Appointed were: Vice Mayor Miller Dawkins (Chairman) and Mayor Stephen P.
Clark (Co -Chairman) of the Bayfront Park Management Trust; Commissioner Victor De
Yurre, Chairman of the International Trade Board; Commissioner J.L. Plummer,
Chairman of the Miami Sports & Exhibition Authority; and Vice Mayor Dawkins and
Commissioner Gort as City of Miami appointees to the Performing Arts Center Trust.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. These appointments will be made by yours truly. Downtown
Development Authority, Commissioner Willy Gort; the Bayfront Park Management Trust, it's a
co -assignment.
Commissioner Plummer: It's a what?
Mayor Clark: Co -assignment, co-chairmen. When I can be there, I'll be there, and when Miller
can be there, he'll be there. Miller Dawkins and Steve Clark. OK? International Trade Board,
Commissioner Victor De Yurre. Sports and Exhibition Authority, Commissioner J.L. Plummer.
Performing Arts Trust, two appointments, Mr. Dawkins, Commissioner Gort.
Commissioner Plummer: What was that one to?
Mayor Clark: The Performing Arts Trust.
Commissioner Plummer: Oh.
Mayor Clark: All right. Is that all we have, Madam Clerk?
Ms. Matty Hirai (City Clerk): I believe so, Mr. Mayor.
Mayor Clark: If there's no exception, cast a unanimous ballot on all actions that have been taken
by this Commission today, would you, please.
Ms. Hirai: Yes, sir.
41 May 5, 1994
K
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-319
A RESOLUTION APPOINTING CERTAIN CITY OF MIAMI COMMISSIONER
TO SERVE TERMS OF OFFICE AS CHAIRPERSONS AND/OR
REPRESENTATIVES OF VARIOUS BOARDS, TRUSTS AND AUTHORITIES
AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote. -
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------------------------- ---------------------------------------------------------------------------
21. RECOMMENDATIONS FOR FUTURE COMPOSITION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY BOARD OF DIRECTORS -- REDUCE BOARD'S
MEMBERSHIP TO 15 (2 APPOINTMENTS BY EACH CITY COMMISSIONER; ONE
BY THE STATE CABINET; ONE BY THE COUNTY; ONE BY THE CITY; PLUS
TWO APPOINTMENTS AT LARGE) -- CITY COMMISSION ACCEPTS PROPERTY
OWNERS' RECOMMENDATIONS, BUT STIPULATES SHALL NOT BE BOUND
BY THEM.
-------------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Vice Mayor Dawkins: We got 20, Mr. Mayor. We didn't do 20.
Mr. Jones: Mr. Mayor.
Ms. Hirai: Yes, 20, Overtown Advisory Board.
42 May 5, 1994
Mr. Jones: There's nothing to really do on that.
Mayor Clark: All right, on item number 20.
Commissioner Plummer: Mr. Mayor, on item 20, as I will be walking out of DDA (Downtown
Development Authority), and Mr. Gort will be walking in, let me commend a group of property
owners who have come forth in the last couple of months and really put their shoulder to the
wheel, and really want to be heard. My only question to them was, where have you been for the
past twelve months or fourteen months, or two years? With your thoughts and your ideas, I think
we could have accomplished a lot. They have provided you with a...
Mayor Clark: Memorandum, I have a copy.
Commissioner Plummer: ... a memorandum, Mr. Mayor, of some of which I've had the
opportunity to meet with them on a number of occasions. Some of the ideas, I concur with, and
some, I disagree with. The one that I guess that I disagree mostly with is the fact that they're
asking this Commission to give up the right to appoint the members to that board. The
recommendation that was nine members, and two members were to be the statutory members.
One is the State cabinet member, and one is the Metro Commissioner. The magic number of
nine is not magic. It was during this present year that we came up with four area councils: One
of Brickell, one of Park West, one of the Central, and one of... Omni, Park West, Central and
Brickell. And it was the feeling that if you were going to be putting in nine members, that, what
I felt and was the discussion, was the possibility of each Commissioner naming one member to
the board for five, and then one from each area council, which would make the nine, and the two
statutory, which would give you, in effect, an eleven -member board. The recommendation of
the property owners - and there are separate feelings from this group of property owners, by the
way - is the fact of a... two members, I think, from each of the area councils, and that was the
only place we differed, as I recall, on that particular issue. The other area of concern that was
raised by, not me, but other people that were involved, is the demand that every member be
either a property... They must be a property owner, or their representative. And the feeling was
of some people, for example, Marwin Cassel is a member presently who would like to go back,
who could not, under that scenario. He's very active in downtown, he's been very active on the
board, but if you accept the principle that every member has to be a property owner, Mr. Cassel
rents office space for his legal office, and would not be able to be back on the board. So that was
a differing opinion by some of the people that expressed their desire of wanting to stay on the
board that could not. One of the problems that did crop up was about the fact of a property
owner or his representative, that the representative could not speak or commit for the property
owner; that it would have to be, "Well, I'll go back and find out, and come to the next meeting."
And there was some concern that that was not the best procedure to follow. The number of nine,
again, is not a magic number. Twenty-nine is absolutely ludicrous, twenty-nine. We didn't even
have a room big enough to put all twenty-nine in, if they showed up. So as far as I'm concerned,
Mr. Mayor, my number is still nine. I think the one problem that you're going to have to face,
and it's going to be a problem, is trying to balance this board, as we have always tried to balance
the board, with the ethnic makeup of the community. That's going to be a problem. That, we
looked at, we talked to, but I think it's, you know, that you... You're going to have a problem,
especially a problem if you stick to the demands to the property owners that they have to be a
property owner.
Mayor Clark: I don't believe the property owners, J.L., in all fairness, demanded anything.
They requested. This was a request, and I don't think that they are that hard-nosed that they
can't accept a couple of people who are not property owners, but users of the property or lessors
of a property in downtown, as Mr. Marwin Cassel, who is a very fine, longtime friend, a good
man, great guy in this community. Did you want to speak on this issue, sir?
43 May 5, 1994
Mr. Robert McKinney: No, issue number 20.
Mayor Clark: All right. But I believe that nine would be perfect, because it never used to be
twenty-nine, I can tell you that, when they first started back at the Bob (Robert King) High.
Commissioner Plummer: There were five members, Mr. Mayor, when it first started.
Mayor Clark: Yeah, there were five at that time. But, you see, you got one member named by
the State, one by the County - that's automatic - one member by the Commission, and the rest...
members from Brickell. You could get... You don't have to stay with nine. You can go to
eleven, J.L., and I think get a couple of members who are lessors of property in downtown, of
Miami, and let the other areas be properly developed from the Central Business District, Brickell
area, Park West, and the Omni area. Select from there. But I believe the Commission should
make the appointments. That's what's responsible. Don't you?
Commissioner Plummer: I'm sorry, I didn't hear you, Mr. Mayor.
Mayor Clark: The Commission should make the appointments.
Commissioner Plummer: Mr. Mayor, I've said that before. There was a provision formerly, and
I don't know if it's still there or not in the new concept, in which the board recommended names
to the Commission we accepted or rejected. I said that, you know, if... What happened in the
past when I was here, that they would continuously send three names, and we would go through
a long process of vetoing all three, all three, until the Commission got what it wanted. So I said,
let's try to eliminate that procedure, and hope that the Commission will appoint good members.
Your problem is going to be that they want property owners, and I understand. Hey, those who
pay the bills should have the right to say, but I don't think you can deny people who are paying,
indirectly, the bills, such as Marwin Cassel, who pays rent. And the owner of whatever building
he's in pays that tax. So he is, in fact, one of the...
Mayor Clark: Well, it will be overloaded. It will be overloaded with the owners of property.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes,'sir. Mr. Dawkins first.
Vice Mayor Dawkins: No, go ahead. I yield, go ahead.
Commissioner Plummer: May I conclude, Mr. Mayor? I have one other point to make, if I may,
to my colleagues. One of the things that has been a very lacking point on DDA is the
representation of the different backgrounds. For example, we have never had - and I feel it is
important - a member of the hotel association as a member of DDA, and our major hotels are in
the DDA district, but we don't have a representative from the hotels. These are the kinds of
things that I think that we should consider when we make our appointments.
Mayor Clark: All right.
Vice Mayor Dawkins: I yield.
Commissioner Gort: Mr. Mayor, I had a close relationship with DDA back in the '80s when a
lot of things were being done for downtown Miami. At that time it was a small board. I'm in
agreement with having eleven board members. I think you can be more efficient. We can look
at the Off -Street Parking. It's got five board members and it works very good. When you have
44 May 5, 1994
so
too many individuals, it doesn't work, it's very difficult. At the same time, I don't think the
property owners and the people that I've talked to in downtown have any problem in coming up
with a pool. The idea is, how do we come up with a pool of names? I think they recognize that
there's a lot of people that have been in DDA, they don't own property, but they have done a hell
of a job for DDA and for downtown Miami. I think what we have to get together, I thought, all
the individuals interested in downtown, is to come up with a pool of names, and I think we
should let them come up with a pool of names, and then we, here, select the individuals we want
to appoint. Now, let me tell you, when I wanted to be on the Off -Street Parking, I wanted to be
on that board because we needed to have some representation there. I did my homework, I went
to the people, I talked to the people, I talked to you Commissioners, and I got appointed to it. I
think if someone wants to be a board member, they have to understand, these coming years are
going to be very difficult for downtown Miami. There's a lot of work that needs to be done.
Whoever wants to be a board member knows they're going to have to do a lot of work. If they
want it bad enough, they'll go through the process of getting, I'm sure, Marwin Cassel or any of
these attorneys can get a property owner to nominate him, to put him on that list. How do we put
the list together, I think, is the key to make everybody happy, and we should select from that list.
That's how I feel about this.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: I'm in favor of 15 members, myself.
Commissioner Plummer: How many?
Vice Mayor Dawkins: Fifteen. I'd still like to know, how are we going to determine who the
property owners are for all the Federal jails, the Federal courthouse, all the buildings Dade
County's got down there, including the library, and all the property Miami -Dade has down there.
Who are the property owners of that who will contribute to the fund that the DDA takes up to do
what we have to do?
Mayor Clark: President Bill Clinton.
Vice Mayor Dawkins: OK. Well, you already filed one case with him. I'm with you for filing
another one.
Mayor Clark: All right. And Arthur Teele.
Vice Mayor Dawkins: OK. Well, you can have him. I can't work with Teele.
Mayor Clark: I know what you mean. Well, it's going to take...
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yeah. We'll have a few words here. Not a long time, but go ahead. Identify
yourself for the record.
Mr. Johnny Winton: Good morning, Mr. Mayor. My name is Johnny Winton, and I'm one of
the volunteers who is serving on this committee, which is the ad hoc property owners' committee
for the DDA district. I have standing with me Bob Zoeller, who is with the... Did the name just
change? I started to say Omni International Mall. OK. And Lilian Butchart from the Hotel
Intercontinental, and Tim Prunka, representing Gerald Heinz's interest, which is the First Union
Financial Center. We also have a relatively large contingent of property owners who are sitting
in the audience, and if you don't mind, please stand so we can recognize you. I thank you for
coming. I had some prepared remarks, and I think I'm going to skip a number of the parts of it,
45 May 5, 1994
because you already have gotten into the discussion related to this whole issue. But I think there
are a couple of points that we would like to make. First of all, Commissioner Plummer, I
understand your question. Where have we been for the past twelve months? I think the bigger
question is, where have we been for the past five years?
I
Commissioner Plummer: I've only been there for twelve months.
Mr. Winton: Well, our apologies, sincerely, for not having been there in the past, but I think it is
important to note here that what each of you have done, in your infinite wisdom, is that you
have, in fact, awakened the group, and you have brought forth a new group of very interested,
concerned individuals who have the commitment, who have the enthusiasm, and who are
absolutely committed to helping the Miami City Commission, and whoever it is that ends up on
( the DDA board, work in harmony to solve the problems and build a greater DDA district area.
And that's a commitment you have. So, Commissioner Plummer, again, our apologies for not
having been there in the past, but you have us now. We're here.
Commissioner Plummer: Well, the important thing is that you're there and you're willing to put
' your shoulder to the wheel, and go with it, because, you know, the one thing, I think, that... I
intentionally stayed away from the town hall meetings, to give the people the opportunity to
speak and voice their opinions so that there would... nobody would be somebody they were
trying to put in politics. But the one thing that I heard that came out of the meetings was, "We
were tired of the status quo." And as such, I am sure that's why you're putting your shoulder to
the wheel and doing what you think you should be doing.
Mr. Winton: Well, I think that, you know, our group only formed one month ago, actually, it
was April 5th, from the town hall meeting, and I can tell you, you know, I serve on a number of
local boards within the community and have done a lot of volunteer work, and I have never
worked with a group that's given me more personal satisfaction. Out of our group, we have
representatives from the retail industry, from the hotels, from the office buildings. We have
people who have sat at the table that are from the Omni area, from the Park West area, from the
Core area, and from Brickell. And the thing that's been so rewarding about this entire
experience is that this is probably the first time I've sat at a table with so many people, most of
whom didn't know each other at all, certainly didn't know each other well, who have sat at the
table, and have had one primary mission in mind. And the mission was to figure out, based on
what your requests have been, to figure out what the right thing to do is. There hasn't been a
special agenda. There hasn't been one individual who sat there and said, "I'm only interested in
my property, my corner. I'm not..." And they haven't also said, "We ought to choose
representation based on the number of dollars that come from an area." We've had a group that
has taken a very unselfish, global view of the entire DDA district, and has worked diligently at
trying to deal with the questions that the Marwin Cassels have raised, trying to deal with the
questions that each of you have raised, and come to the right answer. And we agree, we don't
have absolute agreement here in terms of all of the points. But we are, we are flexible. And a
couple of key points here. In our proposal that you have in front of you, you will see that - if I
may digress you... I don't know if you have this yet, but this propo... This is the... Each of
you got a copy of this yesterday. This is just a cleaned up draft. And behind it are the signatures
of the property owners who are in support of this. And you have about a billion dollars in
assessed value that is attached to this two -page proposal, and that's in a relatively short period of
time. So there's really a large number of folks that are committed to this process.
Mayor Clark: Mr. Winton, I believe we're going to be able to come up with a plan here, that
you're properly represented, and some of the lessees are properly represented. You can't deny it,
that they've got some interest there or they wouldn't be there, they would move to another area.
And they like it there, and they want to see it brought up to date. But it's going to have... can't
be all one side or the other that... Maybe what's happened, that's what brought you alive, really.
46 May 5, 1994
Mr. Winton: That's exactly right.
Mayor Clark: It was one-sided before. That wasn't helping anyone. But I think with a mixture
of the two, I think we're going to be able to satisfy - as I spoke to you people the other day -
we're going to have an active body, and this man here is an active man. And Willy Gort is going
to be on your back all the time about... he is not satisfied with status quo, nowhere near status
quo. So when he's chairing that board there, you're going to see something, some action take
place.
Mr. Winton: Well, we, as property owners... And a couple of key points here. Our
recommendation is for... It says a maximum of fifteen members. As a number of you have said,
we are not fixed on that number. If the Commission, in its infinite wisdom, says eleven, we're
happy with eleven. If it says fifteen, we're happy with fifteen.
Mayor Clark: Well, I think a maximum of fifteen is plenty - not twenty-nine or fifty.
Mr. Winton: We agree wholeheartedly. Now, when you get to the point of trying to choose the
individuals that are going to serve on the board, and we spent a great deal of time talking about
that issue, because it was a critical element here. It was the element that required the most
thought to try to bring the greatest number of people together. And I guess, in our view... We
have, on our committee alone, there are at least thirty property owners that are being represented.
If you have an eleven -member board, three of which are public officials...
Mayor Clark: I understand. You've made your point. You've made your point loud and clear.
Mr. Winton: OK.
Mayor Clark: And I think the people behind you, that I spoke to yesterday or the day before,
have the same opinion that you do. If they want to add something to it, fine, you may speak.
Thank you, Mr. Winton. Yes, sir.
Mr. Winton: Thank you very much for your time and attention, and we look forward to working
with you in the future.
Mayor Clark: It's going to be active.
Mr. Winton: Great.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I think it's important to add that this individual... What we're discussing
here today in DDA is an additional tax that the people have put on themselves to improve
downtown Miami. I think it's very important for people to understand that.
Mayor Clark: Yes, ma'am.
Ms. Lilian Butchart: My name is Lilian Butchart. I'm representing the Intercontinental Hotel,
Miami. And as a member of the hotel community, I'd like to say that we're very supportive of
this action, and we would very much like to see the reduction in the members of the committee,
and also a bit more action in the DDA. Thank you.
47 May 5, 1994
Mayor Clark: All right. Thank you, ma'am. Yes, sir.
Mr. Bob Zoeller: I'm Bob Zoeller, the property manager at the Omni International Mall, and
I'm representing close to 78 individual merchants who do business in the Omni International
Mall. I'm also representing the hotel this morning, because a representative could not be here,
and also the Equitable. I think it is important to remember that, as a property manager, our main
mission in life is to add value to a property. And by representing the individual tenants that are
within the property, by adding in value and making them successful, it only adds to the assessed
values of the properties downtown. And I do believe that we have a global view of what's best
for our individual property, is what's best for all of downtown, so I just want you to keep that in
mind.
Mayor Clark: Thank you.
Mr. Zoeller: Why we felt as strongly to say that we felt like a property manager should be on the
board, because we have all people's interests at heart. The other point that I wanted to make,
very quickly, is the manner in which we were going to select the pool of individuals. We were
going to do this through a town hall meeting under the auspices of the DDA - in other words, the
four subsections. And we were going to let the people, themselves, within those areas, the
property owners, elect who the representative would be, so that's why we came up with the
fifteen.
Mayor Clark: All right.
Mr. Zoeller: We felt like two from Omni, etcetera, et cetera. But again, it is a... by election.
Mayor Clark: We're on target, we're on target. We thank you, sir. Yes, sir.
Mr. Timothy Prunka: My name is Tim Prunka. I'm with Gerald Heinz's interest. We own the
First Union Financial Center. We have eighty tenants in our two million square foot property.
Mayor Clark: Pull the mike up a little bit so we can hear you.
Mr. Prunka: And a large part of our conversation over the last thirty days has been how to
represent those who live, work, and operate in the downtown area in the best possible way. We
debated going to retail tenants and to individual office tenants, but we felt as a group, being
responsible for the environment that they work for, we could speak for them, not only the large
tenant, but the small tenant; not only the retail tenant, but the operator of small businesses in the
downtown area. And what we'd like to ask you to do, Mr. Mayor, is to adopt our proposal as
presented, and we appreciate every consideration.
Mayor Clark: Thank you so much. All right, ladies and gentlemen, thank you for coming down.
Commissioner Plummer: Wait a minute. Are we going to make our nominations today, Mr.
Mayor?
Mayor Clark: No, sir, I don't think we should.
Commissioner Plummer: Oh.
Mayor Clark: I'll get a list. They wanted to come down and express their opinion this morning,
which I told them they were more than entitled to do.
Commissioner Plummer: Well, let me ask a question then, Mr. Mayor. When are we going to
make the appointments?
48 May 5, 1994
Mayor Clark: At the next hearing, next meeting. What's that, what date is that?
Mr. Odio: The 23rd.
Mayor Clark: Sir?
Mr. Odio: June 9th, or should we do it on the May meeting?
Mayor Clark: The May meeting.
Mr. Odio: May 23rd.
Commissioner Plummer: Well, OK. The City Attorney is saying what is the number of the
board.
Mayor Clark: I would suggest fifteen, and then we can handle everything like that - fifteen for
the total.
Commissioner Plummer: That's with thirteen plus two?
Mayor Clark: Yes, sir, I would suggest that. And I would suggest all of the people, Mr. Winton
and you other persons, the nominees that you would suggest, please get that information to my
colleagues and myself, and we will make those appointments on the 23rd day of May.
Mr. Winton: Yes, sir, I understand.
Commissioner Gort: Mr. Mayor, I'd like to give them a little more time, if possible, maybe the
first meeting in June, because I think the present DDA board and the individuals, the property
owners, should get together and give them enough time so they can have the town meeting that
they'd like to have.
Mayor Clark: All right, OK. Willy's going to work you. Mr. Gort is going to be working you,
so don't worry about it, he'll be there.
Mr. Winton: We're with him.
Commissioner Gort: And they can come up with a list of names. Marwin wants to speak, sir.
Commissioner Plummer: Mr. Mayor, I have a problem with fifteen, as I've said before. I'd
prefer the nine plus the two, all right? And I'd like to make a motion, and let's just try it on for
size. I'm sorry, do you want to speak?
Mr. Marwin Cassel: I have been trying to, Mr. Plummer.
Commissioner Plummer: Sir, proceed.
Mr. Cassel: Mr. Mayor, may I urge you to go the fifteen route. May I further urge you to split
that up in some fashion. The property owners are correct, they certainly should have
representation. They're paying for the board. Mr. Winton and I have bumped heads a couple of
times, but I can certainly appreciate their feelings. I've probably had the most time in downtown
Miami of anyone here, having lived or worked in Miami for sixty-eight years, and I would urge
you...
49 May S, 1994
02
Commissioner Plummer: How long?
Mr. Cassel: Sixty-eight years.
Commissioner Plummer: That's not bad for a sixty -six -year -old man.
Mr. Cassel: It was difficult, but we tried hard. I would like to urge you that perhaps you make,
if it's a fifteen -member board, you've got to take off the two, you've got thirteen, perhaps you
make five members nonproperty owners, whether they be a tenant, a merchant, a developer who
works in Miami, but certainly has Miami at heart. This is not only to bring tenants to Miami, it's
to bring tourists to Miami, which the hotels want. It's to bring new businesses to Miami, which
the merchants want. You need variety on this, and certainly, the merchants should have the
majority, they're paying for it. But there should be others represented.
Mayor Clark: All right. Thank you, Mr. Cassel. You have a motion, J.L.?
Commissioner Plummer: Mr. Mayor, I was going to make a motion that we stick to the
recommendation of nine, of the nine plus the two. I think it's a very workable board. I've said
before, in my estimation, we, the five members of this Commission, run an entire City. So I just
think that nine is an adequate number to have there, plus the two. So I would make a motion,
and if it doesn't fly, well, hey, I at least got to voice my opinion.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second the motion.
Mayor Clark: All right.
Vice Mayor Dawkins. All right, I offer a substitute. I offer a substitute motion.
Mayor Clark: I don't believe you can. I don't believe you can. You got a...
Vice Mayor Dawkins: Why not?
Mayor Clark: What? A substitute motion?
Vice Mayor Dawkins: OK, you're the Mayor, you're the Mayor. Go ahead, Mr. Mayor, run the
meeting. Let's go.
Mayor Clark: I would suggest that proper procedure is if you got a motion on the floor, it's
either got to be voted up or down before another... You can amend this motion, but not
substitute.
A. Quinn Jones, III, Esq. (City Attorney): Under Mason's, you can.
Mayor Clark: That is parliamentary procedure, I'll tell you. You can amend it all you want to,
but you cannot substitute when you've got a motion on the floor that's duly seconded. Call the
roll.
Commissioner De Yurre: Under discussion.
Mayor Clark: We'll discuss it, any time.
Commissioner De Yurre: I think that in order to give some culmination to what we're discussing
here, addressing the issue of nine versus fifteen. I'm an advocate of the number fifteen in this
50
May 5,1994
scenario, as I am an advocate of fifteen for the International Trade Board, you know, and for the
following reasons. If we have a board such as the Planning Board, the Zoning Board, the
function of those individuals is to come to this meeting, say yea or nay, and make a decision.
We're talking about International Trade Board, DDA, this type of board which is voluntary in
nature. What it means is that you need bodies that are willing to work beyond just going to the
meetings, that they have to serve on committees, that they have to be out there at meetings, and
they have to be representative. It takes a lot more proactive activity from these individuals, and
that is why I feel that fifteen is a better number, because sometimes, some individuals may not
be able to partake of a particular function, and there will be others that can fill that void. Nine,
you know, it cuts back, it's restrictive to a significant degree, I feel.
Commissioner Plummer: Victor, in defense of that, one of the problems that's been a problem in
DDA is getting a quorum. And the bigger you make that board, the harder it is to get a quorum,
where if you have nine, you only need five members to come forth to be a quorum. You go to
fifteen, then you got to have eight. And I want to tell you, it's a problem. So I just felt that nine
was a very workable board, you know. It doesn't require a whole lot of staff to keep up in
sending out notices and all of that. So, hey, I'm merely making my point. If you don't like it, so
be it.
Vice Mayor Dawkins: Well, I don't like it, and so be it.
Commissioner Plummer: Oh, that's all right. My blue brother just turned red.
Vice Mayor Dawkins: But I don't see where it would cost any more staff time to send notices to
fifteen people than it would take to send notices to nine people. That's me, personally.
Commissioner Plummer: OK.
Vice Mayor Dawkins: I may be wrong, now. I may be wrong.
Mayor Clark: Please, let's go forward. Call the roll.
Commissioner Plummer: May I ask this question?
Mayor Clark: Madam Clerk, call the roll.
Commissioner Plummer: All right. I'll just...
THEREUPON ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, THE HEREINABOVE MOTION
FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
NAYS: Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
ABSENT: None.
Commissioner De Yurre: I move that we increase the board or bring it down to fifteen.
51
May 5, 1994
Vice Mayor Dawkins: Second.
Commissioner Plummer: Question.
Vice Mayor Dawkins: Under discussion.
Commissioner Plummer: Is that fifteen plus two, or is that thirteen plus two?
Vice Mayor Dawkins: You can discuss it. No questions.
Commissioner De Yurre: It's thirteen plus two.
Commissioner Plummer: OK.
Mr. Jones. Point of clarification. Commissioner, would that be, the fifteen be constituted as
noted in the recommendation of... that was just passed out to you?
Commissioner De Yurre: No. I'm talking about the fifteen members would be the State,
County, the City, those three, and then twelve that I certainly want us to select, and we can take
recommendations from the group as to names.
Commissioner Plummer: Oh, very definitely.
Commissioner De Yurre: But what we're looking at, and Mr. Mayor, I think it's important that
in the selection, for example, I already have three... The three that I would like to appoint, I
already have it in mind. And they represent ownership, they represent tenants, they represent
interest groups, like hotels or the Miami Arena, which are vital, those industries which are vital.
And I think that as long as we follow these guidelines that the group that we're going to select
will be a representative group, and one that will work very hard for downtown Miami.
Mayor Clark: Motion and a second. Further discussion?
Commissioner Plummer: Yes. Mr. Mayor, because somehow, we got to spell out how. Is it
going to be three from each Commissioner? Because two of them are mandatory.
Mr. Jones: That's right. I mean, I have to amend the ordinance.
Commissioner De Yurre: Well, I'm saying three from each Commissioner. There's twelve left.
Mr. Jones: So you want three - I mean two.
Commissioner Plummer: Two from each Commissioner?
Commissioner De Yurre: Two.
Commissioner Plummer: That would be ten. The two...
Mr. Jones: And what are the other three?
Commissioner Plummer: Well, how are you going to do it? That's...
Commissioner De Yurre: Well, what we're looking at is, if we have twelve left and we can have
two at large or voted by the majority, and each one has two direct appointments. That would be
ten plus two.
52
May 5, 1994
Commissioner Plummer:
That's fine with me.
Mr. Jones: Two at large.
Commissioner Plummer:
You'll have three at large.
Commissioner De Yurre:
Two, two at large.
Commissioner Plummer:
You have ten, two, and three at large. Fifteen.
Commissioner De Yurre:
You got the City, State and County, that's three.
Commissioner Plummer:
Oh, you're talking about the chairman of the City.
Commissioner De Yurre:
Yeah, that's one of the three.
Commissioner Plummer:
The chairman would be from the City.
Commissioner De Yurre:
Sure.
Commissioner Plummer:
Oh. OK, all right.
Commissioner De Yurre:
OK.
Commissioner Plummer:
So you got three, plus ten, and then you have two left over.
Commissioner De Yurre:
Two at large.
Commissioner Plummer:
Two at large, that's fine.
Mayor Clark: OK?
Commissioner Plummer:
OK, that's fine.
Mayor Clark: Call the roll, Madam Clerk.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.94-320
A MOTION ACCEPTING THE FOLLOWING RECOMMENDATIONS FOR
COMPOSITION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
BOARD OF DIRECTORS, A 15-MEMBER BOARD COMPRISED OF:
(1 ONE (1) APPOINTMENT FROM THE STATE OF FLORIDA CABINET;
(2� ONE (1) APPOINTMENT FROM THE METROPOLITAN DADE COUNTY
COMMISSION;
(3) ONE APPOINTMENT FROM THE MIAMI CITY COMMISSION, AND
` (4) TWELVE APPOINTMENTS TO BE MADE BY THE MIAMI CITY
COMMISSION FROM A LIST OF RECOMMENDED INDIVIDUALS TO BE
SUBMITTED BY THE DDA BOARD OF DIRECTORS, WHICH
RECOMMENDATIONS WILL BE CONSIDERED BY THE COMMISSION BUT
WILL NOT BE BINDING UPON IT; FURTHER STATING THAT EACH
COMMISSIONER SHALL BE ENTITLED TO MAKE TWO 2
APPOINTMENTS FROM SAID LIST, PLUS THERE WILL BE TWO �2�
COMMISSION APPOINTMENTS AT LARGE.
(Here follows body of motion, omitted here and on file in the Office of the City
Clerk.)
r 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.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: We will accept the property owners' recommendations, but we're not
bound by them, correct?
Mayor Clark: That's exactly right. I think they understand that.
Commissioner Plummer: Fine, sir.
54 May 5,1994
--rr----wr-----r----w--r----••-----rw---rr---------w----a-r----.----r---rr-r--..rwr-rrr-+w--r--r------w---..--r--......
22. DISCUSSION CONCERNING OVERTOWN ADVISORY BOARD'S
RELATIONSHIP WITH THE CITY -- DIRECT CITY MANAGER AND/OR
DESIGNEE TO MEET WITH MIAMI-DADE COMMUNITY COLLEGE TO
ESTABLISH GUIDELINES AND TRAINING SESSIONS FOR THE BENEFIT OF
ALL BOARD MEMBERS AS TO ONGOING ISSUES -- VICE MAYOR DAWKINS
OFFERS TO GET TOGETHER WITH BOARD MEMBERS, CITY MANAGER AND
M-DCC.
Vice Mayor Dawkins: Item 20, Mr. Mayor.
Mayor Clark: Yeah, what is it now? What do you need on item 20? Thank you, folks, for
coming down.
Mr. Odio: What did you decide, fifteen?
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Commissioner Plummer: It will be ten, three and two.
Robert L. McKinney, Esq.: Mr. Mayor, Mr. Vice Mayor, Robert L. McKinney, 1611 Northwest
14th Avenue. I'm president and chairperson of the Overtown Advisory Board. I'd like an
opportunity to recognize other members of the Overtown Advisory Board who are present at this
time. Would you stand, please, all members of the Overtown Advisory Board.
Mayor Clark: They're outside, I think. Proceed, we'll see them in a minute.
Mr. McKinney: I'd like to thank you, first of all, for giving me an opportunity to come here and
speak with you today. Also, I'd like to thank the review committee for making a
recommendation that, in fact, the scope and purpose of the Overtown Advisory Board be
expanded. However, what we want to talk about this morning is the selection process of
members of the Overtown Advisory Board. It is my understanding that the members of the
Overtown Advisory Board would be exempt from the appointment by this City Commission.
And the reason being for that is that the Overtown Advisory Board was created by other
statutory laws, that is, a resolution which, in fact, says that the Overtown Advisory Board shall
select their own members and appoint their officers. What we're doing here today is, we'd like
for you to give us an opportunity to develop. We're going to ask for an exemption, first of all,
not a waiver, but an exemption to the appointment by the City Commission. We want an
opportunity to develop that process of selection of members of the Overtown Advisory Board,
and come back to you with that. It probably will involve an election in the community for
majorities of the members of the Overtown Advisory Board, and also provide for appointment
by members of this Commission. Now, that process has not been developed at this time. I'd
also like to talk about the recommendation of the review committee, the ordinance, and also, the
recommendation for expanding the Overtown Advisory Board. We're not in disagreement.
We're in agreement with the recommendation of the review committee, based on the minutes
being provided within five days, notices for meetings being provided, attendance requirement, I
think quorums, all of this we're in agreement with. We have no objection to the residency
requirement, or the work requirement. However, we also believe that the ordinance, as drafted,
itself, provides for the exemption of the Overtown Advisory Board and appointment of its
members. If you look at the standards for creation and review of the boards, generally, sections
55 May 5, 1994
require, applies to all of the boards unless there is statutory provision to the contrary. What I'm
saying is the provisions of the ordinance should apply to all boards, but the ordinance, itself, says
unless there's statutory provision to the contrary, and there is statutory provision to the contrary.
Lastly, in reference to expanding the scope and the purpose of the Overtown Advisory Board to
all areas affecting or impacting the Overtown Community, I think by... I don't want to call it
"common consent," but that has happened in the past. When items came before the Overtown
Advis... the City Commission that impacted upon the Overtown area, usually, these individuals
were asked, "Have you been before the Overtown Advisory Board?" If they hadn't been before
the Overtown Advisory Board, they were sent to the Overtown Advisory Board, and they came
back to the Commission. Of course, we are just an advisory group, and the Commission is going
to make the decisions anyway. I think that that should be codified, and if, in fact, that is
codified, then all issues affecting or impacting the Overtown Advisory Board...
Mayor Clark: They should go back to your board, and they should be there first.
Mr. McKinney: Exactly, and that's what we...
Mayor Clark: And advise the public if you have something to go before the Commission, it must
first appear on our agenda.
- Mr. McKinney: Yes, sir.
Mayor Clark: The Overtown Advisory Board's agenda.
Mr. McKinney: Yes, sir. And basically, again, what we want from you today, we think we have
an exemption. However, we haven't developed a process for selection. There may be some
problems with the selections. We think we can come up with something better, and that's what
we're asking for, Mr....
Mayor Clark: Well, Mr. McKinney, why don't you work with our City Attorney, Mr. Jones.
Mr. Jones: Yeah. Mr. Mayor, there's really no problem. The resolution or ordinance that
created them made them a self-perpetuating body, which means that the Commission wouldn't
have to appoint them. They can take... work an internal procedure for appointment themselves...
Mayor Clark: You work with him.
Mr. Jones: ... so that you don't have to get involved in it. At this point, the way it's structured,
you don't have to appoint them, anyway. They can appoint themselves.
Mayor Clark: Understand, Mr. McKinney?
Mr. McKinney: Yes, sir.
Mayor Clark: If you'll work closely with our attorney, Quinn Jones, Mr. Jones, he'll tell you
exactly the latitude you have, what you don't have, and how they must go before you first before
it ever starts to come before the Commission.
Mr. McKinney: Thank you, Mr. Mayor. With all due respect, I need to know the process,
because often you come here, and you say, "OK, well come back to us, and we'll work with
this," and it doesn't happen.
Mayor Clark: No, we're not going to do that to you. That's ... I understand. Mr. Jones, why
don't you set up an appointment with Mr. McKinney and see if you can't get this all straightened
out.
56 May 5, 1994
Mr. Jones: Sure, absolutely, be pleased to.
Mayor Clark: Please do that. Thank you, sir. We'll get it straightened out and we'll get... No
more double talk along the line. That's what you want to get rid of. I understand.
Mr. McKinney: Thank you very much.
Vice Mayor Dawkins: Mr. Mayor, I'd like to go on the record saying that I agree, but I do have
a problem with the board as it's constructed, because I don't know who they are, and they need
to let us know who they are. But each time something happens in Overtown, we bypass the
residents of Overtown. I don't care what it is or how it's done. Empowerment zone, Overtown
Advisory Board knows nothing about it. Whatever it is, nobody knows what's happening. Now,
it was my suggestion to Mr. McKinney, which they turned down, which they have every right to
do, that they would have a meeting, and they would decide what they wanted to do, and bring it
here for us to know what they want to do. I was also going to suggest, but it's moot now, that
this Commission would direct the City Manager and his staff to work with Miami -Dade
Community College and establish a vehicle and a training session in which the individuals who
are on the Advisory Board would know what economic development is, what other development
is. Then they could come down here and tell us what they want. But that's not what they want,
so I abide by the wishes of the board.
Mr. McKinney: With all due respect, Commissioner Dawkins, we are going to, hopefully,
develop a process for selection of members of the Overtown Advisory Board that's going to be
different from the one that we have here. And possibly, again, we're looking at electing a
majority of the board from the community in some type of election, and possibly the
appointment of the balance of the board by this Commission, by this City Commission. But we
have to work that out. We do think that we are exempt, however. And I want to say, also, that
we have five members of the Overtown Advisory Board in here - stand up - who live in
Overtown, that live in Overtown. For the first time, the Overtown Advisory Board has a
majority of the members that live in Overtown. And one of the reasons that the process
continues that we have some control over who's appointed, because when you look at the
Overtown Advisory Board, you have a list - and I don't know if you've looked at who's on
there - and you will see that I will put this board up on any way you want to evaluate it against
any board or elected body in this community. On the other hand, there's no member of the
Overtown Advisory Board on any major City committee other than Irby - well, Irby McKnight is
not on the Overtown Advisory Board - the young man, Malone, Ron Malone, who is selected by
the Overtown Advisory Board. We've got fifteen outstanding members, and none of them, not
one of them has been appointed by this Commission to any major City board. So it's important
that we... It's important that we have some control over that process so we can get some people
who live in Overtown on these major committees. Also, I have a note from Mr. Benjamin in
reference to a Miami -Dade proposal. We accept that. We're in the process of not only having a
one -day conference on Overtown, in Overtown, but we're also in the process... And I say like
Mr. Dawkins says, we must have board development.
Mayor Clark: All right.
Mr. McKinney: We need board development.
Mayor Clark: Thank you, sir. Mr. Gort has a word.
Commissioner Gort: Mr. McKinney, I want to state on the record, also, I've been to several of
the meetings at the Overtown, and I think that they've done excellent work, and I agree with
him. Now, Miller, I tend to disagree on the empowerment zone. My understanding is there was
57 May 5, 1994
plenty of advertising on the empowerment zone, and about the meetings, it was public, and I'm
sure they participated. I think they had meetings all over the community. At the same time, they
went to the extra limit of advertising and making sure that everybody found out about it, on the
empowerment zone meetings.
Vice Mayor Dawkins: The only thing I can say is, Commissioner Gort, is, yes, the
Empowerment Zone Committee went in the Overtown area with a planned agenda of what they
wanted to do. They did not go to this board, asking this board for any input as to what they
thought was best for Overtown. They came in with a plan and said, "This is it, you buy into it or
you buy out of it."
Commissioner Gort: My understanding, Mr. Dawkins, my understanding, and correct me if I'm
wrong, that what took place is the selection of the geographical area to be part of the application.
The main part of the application comes in now, where they're going back into the neighborhood,
and they're asking the neighborhood, "What kind of services do you want within your
community?" That's my understanding of what's taking place right now.
Mayor Clark: All right.
Vice Mayor Dawkins: All right. Mr. Mayor, I will just...
Commissioner Gort: I might be wrong, I don't know, but that's my understanding, my
interpretation.
Vice Mayor Dawkins: OK. I will say to this Commission, I will get with Miami -Dade
Community College, I will get with the Manager, and then I will go and meet with the board and
set up some kind of board development and instructions, or whatever we need to get the job
done, Mr. McKinney.
Mayor Clark: Thank you, Mr. McKinney.
Mr. McKinney: Thank you very much. That's exactly what we need, Mr. Dawkins.
END OF DISCUSSION -- NO ACTION TAKEN
23. (Continued) DISCUSSION CONCERNING APPOINTMENTS TO THE MIAMI
SPORTS AND EXHIBITION AUTHORITY -- AUTHORITY TO BE COMPOSED OF
14 MEMBERS (MAYOR TO APPOINT THREE; TWO APPOINTMENTS PER
COMMISSIONER; ONE AT -LARGE APPOINTMENT) -- CHAIRPERSON TO VOTE
ON ALL ISSUES AND TO APPOINT ALL COMMITTEES. (See labels 15 & 69)
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: For a moment, to clear the record.
Mayor Clark: Yes, sir.
Commissioner Plummer: I have a problem. I'm told by the City Attorney, in reference to Sports
Authority, being the chairman, that as chairman, I only have, then, one appointment, where I had
appointed two. So I would like to pull my two appointments to the Sports Authority, and I'll let
the two of them get together and decide which one will serve.
58 May 5, 1994
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Mayor Clark: All right.
Vice Mayor Dawkins: Why do you only have two - one?
Commissioner Plummer: Well, because then it would be, if you're going to have an uneven
number...
Mayor Clark: Well, because he's on there. He's a voter on there, you see.
Vice Mayor Dawkins: Well, I had two when I was on there.
Commissioner Plummer: Well, Mr. City Attorney, would you explain?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. As it stands now, you have eleven plus, you
have twelve members that you appointed. The way the ordinance is set up Is that the
Commissioner would be one of those eleven members. Also, the ordinance is really going to
have to be amended, because it's silent as to who should be chairman.
Vice Mayor Dawkins: You see, that's what I said this morning.
Commissioner Plummer: Wait, wait a minute. Who should be chairman?
Mr. Jones: Yeah.
Mayor Clark: He's going to be the chairman.
Commissioner Plummer: No, I'm chairman.
Mr. Jones: Yeah, the Mayor made that clear. But I'm saying, as far as the ordinance is written
right now, it's silent as to who should be chairman.
Vice Mayor Dawkins: OK. You know...
Mayor Clark: You write that silence... open it up and make some noise out of it.
Commissioner Plummer: See, that's why I'm trying to clear the record. Go ahead, Miller.
Vice Mayor Dawkins: All right. You got to amend the ordinance, or rewrite the ordinance, or
something. Is that right, Mr. Jones?
Mr. Jones: I'm sorry, Mr. Dawkins?
Vice Mayor Dawkins: You have to rewrite the ordinance, or do something with the ordinance to
make it right; is that correct?
;., Mr. Jones: Well, we'll... I mean, it's not a major...
Vice Mayor Dawkins: OK. No, no, no. I'm getting ready to tell you how simply...
Mayor Clark: Take care of that, take care of that.
Vice Mayor Dawkins: ... how simply we can do it. You make a twelve -member board, and the
chairman only votes to break a tie.
59 May 5, 1994
Commissioner Plummer: That's fine with me. I have no problem with that. Now, the
chairmanships that were made today are effective today; am I correct on that?
Mayor Clark: Yes, sir, yes, sir. The ink is still "dry" on this.
Commissioner Plummer: OK. Now, let me also make sure that as I did, Victor, when we took
over... Victor, the ITB (International Trade Board). On the Sports Authority, Mr. City Attorney,
the chairman has the right to appoint the committees; is that correct?
Vice Mayor Dawkins: Yes, yes, all of them.
Commissioner Plummer: OK. I just want to make sure of that. OK.
Mayor Clark: Have we got twelve members now, J.L.?
Commissioner Plummer: Well, we'll have twelve members...
Mayor Clark: Let's make it thirteen and I'll get Bill on there for a while.
Commissioner Plummer: That's fine. I have no problem with that.
Mr. Jones: Commissioner.
Commissioner Plummer: Yes.
Mayor Clark: Amend it to thirteen.
Mr. Jones: In answer to the question you had about the chairman's ability to appoint
committees, I don't know whether that's in the bylaws, because if it's in the bylaws, fine. I don't
know whether anything in the bylaws go to the contrary.
Commissioner Plummer: Well, may I suggest, since we're going to go to thirteen members...
Mayor Clark: Yeah.
Commissioner Plummer: OK? How would that work then?
Mr. Jones: Twelve.
Commissioner Plummer: Hold on a minute.
Mayor Clark: It's a public name, public name, everybody votes on it.
Commissioner Plummer: No, I'm sorry, sir. Are we then talking about two Commissioner...
There's two... Each Commissioner would appoint two, and the Mayor would appoint three?
Mayor Clark: Yeah.
Commissioner De Yurre: That's eleven.
Mayor Clark: But one would be at large.
Commissioner De Yurre: Why don't we go back to two for each one, and then we have a
chairman?
60 May 5, 1994
Commissioner Plummer: Because that put the maker in a problem.
Mayor Clark: Let's just try to get Bill on there as a member.
Commissioner Plummer: Well, if we each had two and the Mayor had three, that's eleven. See,
that's the problem. And then I am sitting there, or whoever is the chairman, would be twelve.
Mayor Clark: Twelve. So you got to break that tie.
Commissioner Plummer: But I think Miller's probably... What do you want to do, Mr. Mayor?
Mayor Clark: I'd like to have another member added, and state in there that the chairman votes.
Let him vote all the time. I don't care about breaking the tie.
Commissioner Plummer: That's fine.
Mayor Clark: Vote all the time. Add one more member to it.
Commissioner Plummer: Thirteen.
Mayor Clark: Thirteen.
Mr. Jones: Thirteen altogether.
Commissioner Plummer: But also, if you're going to do that, that's an ordinance, correct?
Mayor Clark: Yes, sir. It's an amendment.
Commissioner Plummer: And I would like to make it clearly stated in there, as I did with ITB,
(International Trade Board) that the chairman has the right to appoint all committees.
Mayor Clark: Oh, sure.
Commissioner Plummer: Well, that's the way that...
Vice Mayor Dawkins: Well, that's understood. That's the way it is.
Commissioner Plummer: Well, I just want to make sure that that's the case.
Vice Mayor Dawkins: And let the Mayor appoint four instead of three, and you got thirteen.
Mayor Clark: Just relax.
Commissioner Plummer: OK.
Mayor Clark: All right? You got... That's an amendment to the ordinance. It will come up for
first meeting at May the 23rd.
Commissioner Plummer: You can do it today, Mr. Mayor.
Mayor Clark: All right.
Mr. Jones: No, it needs to be properly advertised.
61 May 5, 1994
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Commissioner Plummer: Why? You can do it as an emergency matter. Yeah, I'd like to do it
as an emergency, because let's understand where we're coming from, with my Commissioners'
approval.
Mayor Clark: The Commissioners appoint two, the Mayor appoints three, and one is voted on
at - large.
Vice Mayor Dawkins: That's fine, that's fine.
Commissioner Plummer: That's fine. Good.
Vice Mayor Dawkins: Bring that back as an ordinance this afternoon, Mr. Jones.
Mr. Jones: OK. The Mayor, two appointees.
Commissioner Plummer: No, the Mayor, three.
Mr. Jones: Three.
Mayor Clark: The Mayor, three; Commissioners, two; and one at - large. OK?
Commissioner Plummer: And the chairman votes at all times.
Mayor Clark: Yes, he votes at all times.
Commissioner Plummer: And that the chairman appoints all committees.
Mayor Clark: That's right.
Commissioner Plummer: That's fine, sir.
Mayor Clark: All right.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
24. APPOINT GARY CARMAN TO ZONING BOARD.
Commissioner De Yurre: Mr. Mayor, if I may, I have a vacancy on the Zoning Board. I'd like
to make the appointment, if I may, Gary Carman.
Mayor Clark: Gary Carman. Madam Clerk, do you have that? Second, with no objections.
t Commissioner Plummer: I'm sorry, I didn't hear it.
fj Commissioner De Yurre: I have a vacancy on the Zoning Board, and I'm appointing Gary
I Carman.
Commissioner Plummer: And who was that to replace?
62 May 5, 1994
it
Commissioner De Yurre: Manny Alonso-Poch.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.94-321
A RESOLUTION (Being drafted by the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------------------------------------- ------------------------------------------------------------
25. (A) REAPPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
INTERNATIONAL TRADE BOARD. (Reappointed were: Vicky Leiva and
Rafael Garcia -Toledo and Alberto Gonzora.)
(B) MAYOR CLARK ANNOUNCES THAT HE HAS APPOINTED JULIAN
LINARES AS INTERNATIONAL AFFAIRS LIAISON TO HIS OFFICE.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: OK. Mr. Mayor, I would like, if I may at this time, take and make two
of my appointments on ITB (International Trade Board), reserving the third. The two would be
Vicky Leiva and Ralph Garcia -Toledo.
? Mayor Clark: Second the motion.
Commissioner De Yurre: Father or son?
63 May 5, 1994
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Commissioner Plummer: Toledo.
Commissioner De Yurre. Which one, father or son? Because they're both there.
Commissioner Plummer: I'll let you know later.
Mayor Clark: Second the motion. Cast a unanimous ballot, with no exception.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-322
A MOTION APPOINTING VICKY LEIVA AND RALPH GARCIA-TOLEDO, JR.
TO THE INTERNATIONAL TRADE BOARD.
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 Gort: Mr. Mayor.
Mayor Clark: Yes, Mr. Gort.
Commissioner: I'd like to add my third appointee to the ITB (International Trade Board),
Alberto Gongora.
Mayor Clark: Alberto Conga?
Commissioner Gort: Gongora.
Mayor Clark: Gongora. Second the motion. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-322.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS OF
OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
64
May 5, 1994
12
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: I want to read this into the record, Madam Clerk. I want to add, along with
Commissioner Gort's nomination, Mr. Julian Linares to the ITB (International Trade Board).
I have also recently appointed Mr. Linares as an international affairs liaison from
my office. Along with my office and now in conjunction with his position as a
member of the ITB, he will coordinate various international investors and
businesses in an effort to establish relationships between the international
business community and the City Commission. Tomorrow, he will begin working
on a plan which he will be presenting to myself and to this Commission to attract
and maintain a strong working relationship between the international business
community, the Consular Corps and the local government and business.
I want to make that announcement today. I thank you for your time. All right.
-------------------------------------------------------------------------------------------------------------------
26. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PENDING
DECISION TO BE MADE BY CITY COMMISSION AS TO WHETHER THEY WISH
TO ELIMINATE / REDUCE / LEAVE IN PLACE COMPENSATION AND/OR
HEALTH INSURANCE BENEFITS PRESENTLY BEING PROVIDED TO
MEMBERS OF: (a) CODE ENFORCEMENT BOARD, (b) CIVIL SERVICE BOARD,
(c) PLANNING ADVISORY BOARD, AND (d) ZONING BOARD. (See label 73)
-------------------------------------------------------------------------------------------------------------------
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, before you go, I need... This is one issue
that I don't know whether you want to address today.
Mayor Clark: What's that?
Mr. Jones: But I'm getting numerous calls from board members relative to whether, in fact, you
are going to, as recommended by the committee, delete their compensation, or decrease it, or
what the situation is going to be. So I don't know whether you want to deal with that now, or
it's... put a status quo for now or what.
Mayor Clark: Compensation, insurance and everything else?
Commissioner Plummer: On what board?
Mr. Jones: I'm getting calls of all... You remember... you'll recall that the committee's
recommendation was that the compensation and benefits be deleted for all board members. Or,
in the alternative, that they be decreased. So I don't know whether you... I need some directions
from you whether status quo now, or you deal with it at a later point in time, or what.
65 May 5, 1994
Commissioner Plummer: Well, it's my understanding that we voted when we accepted the
committee's recommendations that that was part of it, and as accepting it, that was the standing
policy.
Mr. Jones: What I'm saying to you, Commissioner, that it's an alternative. It says either to
eliminate or decrease. But you haven't said which way you want to go.
Commissioner De Yurre: To eliminate what, the benefits?
Mr. Jones: Compensation and benefits.
Commissioner Plummer: No, compensation and benefits.
Commissioner De Yurre: OK.
Commissioner Plummer: Well, there is only, what, three boards?
Mr. Jones: Well, I know Civil Service Board...
Commissioner Plummer: Planning, Zoning, and Civil Service. No, Code Enforcement Board
members don't make any money.
Mr. Cesar Odio (City Manager): No, the lawyers do.
Commissioner Plummer: Oh, the lawyers. But that's not a board member.
Mr. Jones: No, we are talking about board members.
Commissioner Plummer: There are three boards that I'm... that I'm... Am I understanding
correctly?
Mr. Jones: Uh-huh.
Commissioner Plummer: Three boards, Planning, Zoning and Civil Service.
Mayor Clark: That's it.
Commissioner De Yurre: But either we give every board member, and every board... you know,
I think you should treat them equally.
Mayor Clark: Well, let me tell you, there is a difference now. Planning and Zoning...
Commissioner Plummer: Well, what are you going to do with those three?
Mayor Clark: Planning, and Zoning, and the Civil Service are created by Charter. Right, Mr.
Attorney?
Mr. Jones: That's correct.
Mayor Clark: They are a lot different from these advisory boards that we have. So you might
have some compensation there that... it's been a history as long as the City of Miami has been
alive.
66 May 5, 1994
Commissioner De Yurre: Well, is it said by Charter that they be compensated?
Mr. Jones: No, I don't think there is any requirement in there, in my recollection. I think it's
just the policy over the years that you've provided them compensation.
Mayor Clark: What do you say, J.L.?
Commissioner Plummer: Mr. Mayor, what do I say? I don't know. I don't know what to tell
you.
Commissioner De Yurre: One of the things we discussed, Mr. Mayor, last time was that for the
three attorneys that were paid by the City, and working for the City...
Commissioner Plummer: No, the attorneys, I don't think there is any question about it.
Commissioner De Yurre: ...No, but I know. But something that we discussed has not happened
yet, that they were supposed be able to get into the insurance program here, and they haven't yet.
Commissioner Plummer: The attorneys?
Commissioner De Yurre: And that's something that... The attorneys that work for the City.
Commissioner Plummer: The ones that are members of the board that are appointed outside
counsel?
Commissioner De Yurre: Yeah.
Commissioner Plummer: I remember we gave them a raise in money, but we...
Commissioner De Yurre: And then we also talked about letting them get the insurance program
of the City.
j Commissioner Plummer: I don't remember that.
Mr. Jones: Well, let me clarify that for you, Commissioners, because I think there was some
misunderstanding. You actually only approved an increase for counsel to the Code Enforcement
Board. You did not take a vote on increasing compensation for the other two.
Commissioner De Yurre: Oh, yes, we did. We talked...
Mr. Jones: No, Commissioner...
Commissioner De Yurre: ...about all three, that there were three. And that they were all going
to go up to $30,000.
Commissioner Plummer: We talked about all three.
Mayor Clark: Please, please. Now, one at a time, we can't translate this.
Commissioner Plummer: We did talk about them.
Mr. Jones: With all due respect, you did talk about it, but you did not take a vote on it, that's all
I'm saying to you. You only actually took a vote on one which was Code Enforcement Board.
You discussed, particularly you and Commissioner Dawkins...
67 May 5, 1994
Commissioner De Yurre: Well, I move that all three be compensated equally the $30,000. Why,
if they all serve the same function. That will be my motion, right now. And also that they be
able to get into the insurance program here in the City.
Mayor Clark: What's it? Is it...
Commissioner De Yurre: That's my motion.
Commissioner Plummer: I'll... Victor, I'd like to think about that one, I really would.
Mayor Clark: Well, I want to second the motion and get it on the floor so that it gets voted up or
down. Any discussion?
Commissioner Plummer: Well, tell me, then I got to know the cost. What are they making now,
and what...
Vice Mayor Dawkins: Tell Commissioner Plummer the cost, please.
Commissioner Plummer: ...are they proposed to make, and how much are the medical benefits.
I got to know a cost factor.
Vice Mayor Dawkins: All right. Is it all right with the maker and the second of the motion that
we table this, and let the Manager bring back the total cost for us this afternoon?
Commissioner Plummer: I think that's fine with me.
Vice. Mayor Dawkins: Wait a minute. Wait a minute, Mr. Plummer. Did you or didn't make
the motion? Let the maker of the motion and the seconder of the motion speak, please.
Commissioner De Yurre: I have no problem with that, provided he brings back the cost of all
the board members that are receiving remuneration, and also, the benefits in these boards.
Vice Mayor Dawkins: Does the seconder of the motion accept bringing it back?
Mayor Clark: Yes, it's OK.
Vice Mayor Dawkins: All right.
Commissioner Plummer: Could we also then...
Vice Mayor Dawkins: All of those in favor?
Commissioner Plummer: Excuse me, can we also then ask for those three boards, what the cost
of the board members are also, so we'll know a full...
Commissioner De Yurre: That's what I just said.
Mayor Clark: Well, there is two of them.
Vice Mayor Dawkins: That's what we are asking for, J.L.
Commissioner Plummer: The board members as well as the attorneys.
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May 5,1994
Commissioner De Yurre: That's what I'm saying.
Commissioner Plummer: Fine.
Vice Mayor Dawkins: That's what we are asking for. OK.
Mayor Clark: It is $200 a month I think.
Commissioner De Yurre: I second your motion, J.L.
Vice Mayor Dawkins: OK, now, OK.
Commissioner Plummer: No more.
Vice Mayor Dawkins: Call the roll, Madam Clerk, please. Now, this is to come back this
afternoon.
Mayor Clark: Yeah.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: OK. Call the roll, Madam Clerk.
Mayor Clark: Last item today.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-323
A MOTION TO TEMPORARILY TABLE CONSIDERATION OF A PENDING
DECISION TO BE MADE BY THE CITY COMMISSION AS TO WHETHER IT
WISHES TO ELIMINATE, REDUCE, OR LEAVE IN PLACE PRESENT
COMPENSATION AND HEALTH INSURANCE BENEFITS PRESENTLY
PROVIDED FOR MEMBERS OF THE CODE ENFORCEMENT BOARD, CIVIL
SERVICE BOARD, PLANNING ADVISORY BOARD, AND ZONING BOARD;
FURTHER REQUESTING THE MANAGER TO PROVIDE THE COMMISSION
WITH A COST ANALYSIS DETAILING THE CITY COSTS INVOLVED,
INCLUDING COMPENSATION TO THEIR RESPECTIVE COUNSELS OR
ATTORNEYS.
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:
ABSENT:
None.
None.
May 5, 1994
.............. .....................................................................................................
27. (Continued) DISCUSSION CONCERNING PROPOSED ORDINANCE RELATING
TO COMMITTEE APPOINTMENTS TO BE MADE BY THE CHAIRMAN OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY. (See labels 15 & 68)
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. City Attorney, if I may? Mr. City Attorney.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: I am informed that you need to add to that emergency ordinance for
the Sports Authority that the committees are appointed by the chairman at his discretion. It's the
same thing I did. My understanding is it takes a change, the present bylaws say that it's subject
to board approval.
Mayor Clark: No, it should. You are the chairman, you should have that opportunity.
Commissioner Plummer: That's exactly what we did for Commissioner De Yurre at ITB
(International Trade Board), and I think that should be the same thing here, that the chairman of
the board, and also DDA (Downtown Development Authority), also DDA, that the board
chairman makes the recommendation... makes the committee, and he does not have to have
ratified by the board because that's nowhere else. So if you'll put that in that emergency
ordinance for this afternoon.
" Mayor Clark: Excellent.
--------------- ---------------------------------------------------------------------------------------------------
28. (Continued) BRIEF COMMENTS CONCERNING THE COMMITTEE ON ECOLOGY
AND BEAUTIFICATION. (See label 6)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, where are we goin? To the regular agenda now? What are we on?
Mr. Cesar Odio (City Manager): We got the consent agenda.
Commissioner Plummer: We got the consent.
Mayor Clark: Got any items on the consent agenda you want to...
Commissioner Plummer: I don't.
Mayor Clark: Do you, Willy?
Mr. Steve Pearson: Mayor, I'm Steve Pearson. I noticed they deferred item 6 of the boards, is
that because of my absence, or? Because...
Commissioner Plummer: Six? Which one was six?
Commissioner Gort: That's the Beautification Board.
70 May 5, 1994
Commissioner Plummer: Beautification.
Commissioner Gort: Mainly, I think the reason was that Commissioner Miller wanted to know
who his appointees to the board were.
Commissioner Plummer: They wanted to know who the 43 are.
Mayor Clark: They wanted to expand the board.
Mr. Pearson: OK.
Mayor Clark: We'll have it at the next meeting though. Don't worry about it, we'll take care of
it. Thank you, sir.
-------------------------------------------------------------------------------------------------------------------
29. CONSENT AGENDA.
�A)
B) ACCEPT BID: HECTOR TURF -- FOR FURNISHING A REEL TYPE MOWER
FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES.
(C) DIRECT CITY MANAGER TO PURCHASE 3 ADDITIONAL REEL TYPE
MOWERS. (See CA-4).
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, other consent agenda items to be discussed?
Mr. Cesar Odio (City Manager): Mr. Mayor, I would like to add to the list of withdrawn... We
need to withdraw item CA-3, Mr. Mayor.
Mayor Clark: CA what?
Commissioner Plummer: CA what?
Mr. Odio: Three.
Mayor Clark: CA-3.
Vice Mayor Dawkins: Pull CA 4, just for discussion, please.
Mayor Clark: All right. What's on CA-3, what do you want?
Mr. Odio: I want that one withdrawn completely, Mr. Mayor.
Mayor Clark: That was what?
Commissioner Gort: Withdrawn.
Mr. Odio: Withdrawn.
Commissioner De Yurre: I've got CA-5.
Mayor Clark: Well, what was with, let's do 3 first. What was withdrawn, CA-3?
71 May 5, 1994
Mr. Odio: Yes, sir. I don't know what is it, now, Mr. Attorney, you were paying attention?
A. Quinn Jones III, Esq. (City Attorney): I'm sorry. I'm sorry, Mr. Mayor.
Mayor Clark: CA-3, why was that withdrawn?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: He said why. Why was it withdrawn?
Mr. Odio: Why? Because I feel that we can do that in-house. We are going to have some
people do it for us instead of contracting it out.
Mayor Clark: All right, fine. CA-4.
Vice Mayor Dawkins: OK. CA-4, Mr. Manager.
Mt. Odio: Yes, sir.
Vice Mayor Dawkins: This is a more, and I know you need it, but you need about three more of
those mowers that the people ride on and go around in the park.
Mr. Odio: Yes.
Vice Mayor Dawkins: So I wish that by the next meeting, you would find three of those under
sole source, or something, and purchase them.
Mr. Odio: Three more?
Vice Mayor Dawkins: Yes, sir, please. That's all.
Mr. Odio: OK.
Vice Mayor Dawkins: Thank you, sir. No further questions, Mr. Mayor.
Mayor Clark: All right. Thank you. CA-5, is it, Mr...
Commissioner De Yurre: CA-5, Mr. Mayor. I'd like to find out some more information on this,
Mr. City Manager. On CA-5. It's my understanding, and I've got, you know, the information
that I've gotten is that some of these folks, or the lowest bidder, does not reside in the City of
Miami, or the business is not in the City. That the second lowest bidder is a City business, and
that we should look into the 10 percent increase that we give consideration on these items.
Mr. Odio: That's how we won the bid.
Commissioner De Yurre: Uh?
Mr. Odio: That's how Mr. Balsera won the bid.
Commissioner De Yurre: So he' got the bid on this?
j Mr. Odio: Yeah. That's what we are recommending.
72 May 5, 1994
Commissioner De Yurre: OK. Fine. Then that's fine.
Mayor Clark: OK? Thank you.
Mr. Odio: Mr. Mayor, for your information, they do 230 trips with the kids, and they provide
services up to 5,000 kids during the summer.
Mayor Clark: Excellent.
Vice Mayor Dawkins: Move the consent agenda.
Mayor Clark: Consent agenda...
ff Commissioner De Yurre: Second.
f Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Any person... read that statement in, Plummer, you are active at this... about the
consent agenda.
Mr. Odio: If I may, Mr. Mayor? I would like to clarify something with Commissioner Dawkins.
You want us... we could add three more mowers to CA-4 and go ahead and order them as you
wish, with the same price.
Vice Mayor Dawkins: So moved.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-324
A RESOLUTION ACCEPTING THE BID OF HECTOR TURF FOR THE
FURNISHING OF A REEL TYPE MOWER FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AT A TOTAL
PROPOSED AMOUNT OF $23,000.00; ALLOCATING FUNDS THEREFOR FROM
THE ENTERPRISE FUND OPERATING BUDGET/ORANGE BOWL STADIUM,
ACCOUNT CODE NO. 350503-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
73 May 5, 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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Anything further of the consent agenda? What's the end of it, now? What
number is the end of the consent agenda?
Mr. Odio: CA-7.
Mayor Clark: You are on CA-7 now?
Mr. Odio: No, that was...
Mr. Odio: ...you said the end would be CA...
Mayor Clark: OK. The consent agenda. Motion on the consent agenda.
Commissioner Plummer: Move it.
Mayor Clark: Moved and seconded.
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: Call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER DE
YURRE, THE CONSENT AGENDA ITEMS WERE PASSED
BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
74 May S, 1994
29.1 PURCHASE ONE JOHN DEERE GATOR CART 6X4 (UNDER EXISTING STATE
CONTRACT 070-840-941) -- FROM JOHN DEERE INDUSTRIAL EQUIPMENT
COMPANY -- FOR VIRGINIA KEY YARD WASTE FACILITY AND RECYCLING
EFFORTS OF THE GSA DEPARTMENT / SOLID WASTE.
RESOLUTION NO.94-325
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE
(1) JOHN DEERE GATOR CART 6X4 UNDER EXISTING
STATE OF FLORIDA CONTRACT #070-840-941, FROM JOHN
DEERE INDUSTRIAL EQUIPMENT COMPANY FOR THE
VIRGINIA KEY YARD WASTE FACILITY AND RECYCLING
EFFORTS OF THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE AT A TOTAL COST
NOT TO EXCEED $10,000.00; ALLOCATING FUNDS
THEREFOR FROM THE FY'94 SOLID WASTE REDUCTION,
RECYCLING & EDUCATION SPECIAL GRANT FUND,
PROJECT NO. 197006, ACCOUNT CODE NO. 421304-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
29.2 PURCHASE ONE 1994 FORD BRONCO 4X4 VEHICLE -- FROM DON REID FORD
(UNDER EXISTING STATE CONTRACT 070-001-94-1) -- FOR FIRE -RESCUE
DEPARTMENT.
RESOLUTION NO.94-326
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE
(1) 1994 FORD BRONCO 4X4 VEHICLE AT A TOTAL
PROPOSED AMOUNT OF $20,685.00, FROM DON REID
FORD, UNDER EXISTING STATE OF FLORIDA CONTRACT
NO. 070-001-94-1, FOR THE DEPARTMENT OF FIRE -
RESCUE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 280531-840, PROJECT NO. 104009;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID VEHICLE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
75
May 5,1994
29.3 ACCEPT BID: J. BALSERA SCHOOL BUS SERVICE -- FOR FURNISHING BUS
TRANSPORTATION FOR THE RECREATION SUMMER PROGRAM OF PARKS &
RECREATION DEPARTMENT -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO.94-327
A RESOLUTION ACCEPTING THE BID OF J. BALSERA
SCHOOL BUS SERVICE FOR THE FURNISHING OF BUS
TRANSPORTATION FOR THE RECREATION SUMMER
PROGRAM OF THE DEPARTMENT OF PARKS AND
RECREATION ON A CONTRACT BASIS FOR A PERIOD OF
ONE YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL
PROPOSED ANNUAL COST OF $26,105.00; ALLOCATING
FUNDS THEREFOR FROM THE 1993-94 GENERAL FUND,
ACCOUNT CODE NO. 580301-530; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID SERVICE AND THEREAFTER TO EXTEND SAID
CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
29.4 RATIFY CITY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES / TERMS
/ CONDITIONS FOR USE OF PORTION OF ORANGE BOWL STADIUM BY
MIAMI INTERNATIONAL SOCCER, INC. -- FOR PRESENTATION OF THE
STRIKER INTERNATIONAL CUP (JUNE 4, 1994) -- EXECUTE CONTRACT.
RESOLUTION NO.94-328
A RESOLUTION, WITH ATTACHMENT(S), RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ESTABLISHMENT OF SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF A PORTION OF THE
ORANGE BOWL STADIUM BY MIAMI INTERNATIONAL
SOCCER, INC. FOR THE PRESENTATION OF THE STRIKER
INTERNATIONAL CUP ON SATURDAY, JUNE 4, 1994;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FOR, WITH MIAMI INTERNATIONAL SOCCER,
INC. FOR SAID USE, SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
76
May 5, 1994
'1`4)
29.5 AUTHORIZE MANAGER TO INITIATE AMENDMENT TO FUTURE LAND USE
PLAN MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 (MCNP), WHEREBY THE CITY WOULD BE PERMITTED TO PROCEED
WITH CONSTRUCTION OF AN OFFICE AND CONFERENCE FACILITY IN THE
BASE OF THE BAYFRONT PARK LASER TOWER.
RESOLUTION NO.94-329
A RESOLUTION DIRECTING THE CITY MANAGER TO
TAKE THE STEPS NECESSARY TO INITIATE AN
AMENDMENT TO THE FUTURE LAND USE PLAN MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1989-2000, WHEREBY THE CITY OF MIAMI WOULD BE
PERMITTED TO PROCEED WITH THE CONSTRUCTION OF
AN OFFICE AND CONFERENCE FACILITY IN THE BASE OF
THE BAYFRONT PARK LASER TOWER LOCATED IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
-------------------------------------------------------------------------------------------------------------------
30. (Continued) CLARIFYING COMMENTS RESTATING APPOINTMENT OF VICE
MAYOR DAWKINS AS CHAIRPERSON OF BAYFRONT PARK MANAGEMENT
TRUST AND MAYOR CLARK AS CO -CHAIRPERSON. (See label 20)
--------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, the regular agenda. Mr. Charlie Cox.
Commissioner Plummer: Mr. Mayor, may I ask a clarification on Bayfront Park? Is it my
understanding that you would be the chairman, and Commissioner Dawkins the vice chairman?
Mayor Clark: No, I... He's going to be the chairman, and I'm going to be his alternate.
Commissioner Plummer: The vice chairman?
Mayor Clark: Yes, sir.
Commissioner Plummer: OK. I just wanted to make sure so I know who to get in touch with,
because we've got a lot of things coming up down there.
Mayor Clark: That's all right, we'll answer a lot of questions. You get that Clark and Dawkins
together, man, they can turn a lot of things around.
Commissioner Plummer: Thank God So be it.
77 May 5, 1994
-------------------------------------------------------------------------------------------------------------------
31. PERSONAL APPEARANCE: CHARLIE COX, PRESIDENT OF AFSCME, LOCAL
1907, STRONGLY PROTESTING UNFAIR PORTRAYAL BY TV CHANNEL 4
NEWS REPORT OF CITY OF MIAMI PUBLIC WORK CREW'S ALLEGED TIME -
WASTING DURING WORKING HOURS.
Mayor Clark: All right, Mr. Cox, you have the floor.
Commissioner Plummer: Wait a minute, what are we on?
Mayor Clark: Well, he wanted to say something about that television show they had the other
night.
Commissioner Plummer: Oh.
Mayor Clark: Go ahead, Charlie.
Mr. Charlie Cox: Mayor and Commissioners, my name is Charlie Cox.
Vice Mayor Dawkins: Pull the mike up, Charlie, please.
Mr. Cox: I'm sorry. Mayor and Commissioners, my name is Charlie Cox, and I'm the president
of AFSCME Local 1907, the union for your general employees. First off, I'd like to state that
last night the TV said that that was the union's time management report. I take great pride in
saying it was mine, but it was not mine, it was prepared by Frank May, which is on the
Manager's staff. So it wasn't the union that prepared that report. I am here today to respond to
an unfair and slanderous charge of inefficiency against your employees and members of my
union. According to Channel 4 News Report, a vactor crew was observed working at a rate of
48 percent of their available workday. As I will demonstrate, this is simply untrue. The crew
reports for work at 7:00 a.m. The first 44 minutes of the day is spent getting the equipment
ready. According to State law regulating commercial vehicles, a complete visual inspection of
the vehicle must be made for safety purposes. In addition, the air brakes must be bled and
recharged. The employees must meet with their supervisors to receive work orders, and discuss
any special assignments or problems expected on the shift. Lastly, these workers are allowed to
fill their ice coolers and obtain water. They work completely outdoors and have no available
water to offset the hot, outside working conditions, if they do not carry their own water. The
Channel 4 report did not recognize this as work time. The employees left the yard at 7:44 a.m.
The crews first stop was at the dump site to eliminate the previous days load. The travel time
took nine minutes. The dumping process, which includes cleaning the vehicle, took 33 minutes.
None of these activities was counted as work time by the TV reporter. To not count dumping
time as work time is saying that sanitation employees are only working when they are filling the
! truck, not when they are emptying it. Following the dumping procedure the crew proceeded to
j fill the vactor with 1,300 gallons of water from a fire hydrant. This procedure took 28 minutes.
While the truck was filling, the employees purchased some drinks. The TV cameras were
deliberately positioned so that the fire hydrant was not visible giving the viewer the impression
that the employees were simply standing idly by. This was also not counted as working time.
The crew then proceeded to their first location. The travel time was five minutes. The time to
set up the vactor was four minutes. Neither was counted by the TV reporter as work time. The
next 48 minutes was spent in operation of the vactor. At 9:50 the first of two authorized breaks
was taken. It lasted exactly 15 minutes. The crew returned to the vactor operation for the next
78 May 5, 1994
one hour and twenty minutes. At 11:25, the crew took 10 minutes to wash up. Given the fact
that they are working in unsanitary conditions, it is reasonable to permit a 10 minute bathroom
break prior to eating. The crew took one hour and five minutes for lunch. I agree that this
exceeds the contract time. The crew returned to work for the next hour and 20 minutes, they
then took the second authorized break, instead of the contract time of 15 minutes, the crew took
only six minutes. The TV crew did not report this. The television reporter did not mention that
the crew worked at six different locations. The crew then returned for another 22 minutes of
work, they then returned to the yard which requires 25 minutes of travel time. The TV reporter
did not count this as work time. The remainder of the workday consisted of putting away
equipment, and cleaning up. This 37-minute period was also not deemed by the TV reporter to
count as work time. When the workday is properly analyzed, it broke down as 89.8 percent
production time, and 10.2 percent non -production time. I believe that this is a record not to be
scorned, but one to be admired. Two things were seen in the report that bothered me. I do not
approve of City employees littering the streets. To make up, I am offering a crew of my union
members to donate a complete day cleaning up our City. As of the 26 minutes of extra lunch
time, I think it would be proper for these employees to give back an equal amount of leave -time
to the City. But that should be the end of any talk of punishment. It has long been a running
joke to criticize government workers as lazy and inefficient. It is unfair to men and women who
labor in hot, dirty jobs that people who work in air-conditioned offices simply... think simply get
done by nameless, faceless human machines. The members of my union worked 16 hours a day,
seven days a week in the aftermath of the hurricane to help clean up our City. They raise money.
They perform work for March of Dimes, Muscular Dystrophy, the United Way, the Camillus
House, and the Brothers of the Rescue. Instead of blowing their horns about it, they quietly
labor, often for free, to make Miami a better place to live. The news report also intentionally
slowed the camera speed down to make the crew members look lazy. This is an intentional
distortion of the truth. 4f course, this type of reporting is in keeping with the parent network's
example, when it was caught misleading the public concerning explosions of gas tanks in certain
trucks. Instead of manufacturing stories where none exist, I challenge Channel 4, or any other
station reporters, to work a single shift of difficult, dirty manual labor. I believe that walking a
mile in another man's shoe will put a different and hopefully truthful spin on the good work
done by thousands of dedicated City employees. I also have some pictures to show you. You
can play games with a camera, even a still camera.
Commissioner Gort: I can tell you how to play games with a camera.
Commissioner Plummer: Ask an expert.
Commissioner Gort: Been at it for twenty some years.
Mayor Clark: Charlie, you've made a point, and I think...
Commissioner De Yurre: Mr. Mayor, if I may ask? Who supervises these individuals?
Mr. Cox: There's three.
Mr. Wally Lee (Assistant City Manager): The direct... the overall supervisor, is Dan Brenner.
Commissioner De Yurre: What is his function?
Mr. Lee: He supervises all the field crews, Commissioner.
Commissioner De Yurre: How does he supervise them?
Mr. Lee: Well, he sets up the duties, goes out in the field every once in a while to follow up.
79 May 5, 1994
Commissioner De Yurre: How often is once in a while?
Mr. Lee: At least twice a day, Commissioner.
Commissioner De Yurre: 'Twice a day.
Mr. Lee: Yes, sir.
Mr. Cox: He's got three men that go out, too.
Mr. Cesar Odio (City Manager): The fact is this. We have a lot of equipment out on the field
that the men work on their own. You cannot have a supervisor for every truck. No. The knee-
jerk reaction that management could have taken after seeing that report would have been to bring
the two men in and reprimand them, and suspend them, or whatever. I decided to take the other
view which was to review the tape with Frank May, and do an industrial engineering study to the
tape, and we can add that these men, after reviewing the tape, actually did work 90 percent of
their time. And it's unfair, it's a lack of guts, it's everything I can call for a reporter that has no
experience in industrial engineering, or time and motion studies, to do - I cannot say what I
think - a half report on the truth because he could hurt these men's jobs.
Commissioner De Yurre: Let me ask you. In the morning, there was reference made to the start-
up time that things are done to the truck.
Mr. Odio: They have to unload that truck.
Commissioner De Yurre: I know that. But who does the unloading? They, themselves?
Mr. Odio: They do.
Mr. Cox: The two men. It was on the camera.
Mr. Odio: They do, they have to connect the pump to wherever they are discharging, and they
have to sit there while that truck is pumping away. And they put that down as idle time.
Commissioner De Yurre: I know, but they were talking... You made reference to checking the
truck before they left for safety...
j
Mr. Odio: A truck driver has to come in, bleed the air breaks, check the fuel...
Mayor Clark: Do that every morning.
Mr. Odio: ...check the equipment before he goes out on the road. It's mandatory that he does
that.
Mr. Cox: They have different work locations every single day that they have to get from their
supervisors.
Mayor Clark: All right, Mr. Gort.
Mr. Cox: And it depends on the complaints and the calls they get the day before.
Mr.. Odio: However, what they do in the report... yeah, what they do on TV is they show the
men coming in to work, punching in, then they leave... they wasted 45 minutes.
80 May 5, 1994
Mayor Clark: OK. They see this on TV. Let's hear how they respond to that. Watch Channel
4.
Mr. Odio: They won't respond. They don't have the guts to respond.
Mr. Cox: They don't. They don't have the guts.
Mayor Clark: All right, Mr. Gort, you have the floor.
Commissioner Gort: Mr, Mayor, Charlie, I appreciate you coming here and explaining this to
us. I think it's good information for us. But, at the same time, I think we have to learn from all
these things, and the one thing that really bothers me is the throwing of the trash. And I agree
with you putting 100 hours, or 100 men, to clean up, that's a great idea because it will make
them more responsible. I think, at the same time, we should go back and tell those individuals
that we are at the public eyes. Everybody is looking at us, and is looking at the City of Miami
employees, and we are identified constantly. So our behavior has got to be completely excellent,
and as we get elected Commissioners, our public life... our private life becomes public because
that's how this works, and that's what it demands. And I think we should...
Mr. Cox: Willy, I guarantee you, we will fill up a couple of trash trucks for anything that...
Commissioner Gort: No, I know you will.
Mr. Cox: ...for anything that a City employee may have thrown out. It was not a smart move to
make. We do not condone it.. But we will more than make up for it for the City of Miami.
Commissioner Gort: I know you will. But I mean, at the same time, we can use this as even... to
inspire to do even more than what they've done.
Mayor Clark: Very good. Thank you, Charlie.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
32. (A) CITY MANAGER'S REPORT ON ALL CITY FUNDED YOUTH PROGRAMS,
SPECIFICALLY CITING CITY'S CONTRIBUTION TO EACH PROGRAM,
HOW MONEY IS BEING SPENT, AND SPECIFIC RESULTS OBTAINED.
(B) COMMISSIONER GORT REQUESTS MANAGER TO PROVIDE STATUS
REPORT ON DEPARTMENT OF OFF-STREET PARKING'S REVENUE FROM
ISSUANCE OF PARKING TICKETS.
Mayor Clark: All right, item 24. Mr. Manager, you made a good report here. The Youth
Program report.
Ms. Cristina Cuervo: Commissioners, the Mayor requested that the Manager come back and
report on his findings on all the City -funded Youth Programs, and also how those moneys were
being spent, and the results being obtained from each program, and mechanism for future
accountability. And the Manager has come back with the report showing that... including a
81 May 5, 1994
program that's Federally funded called DARE (Drug Abuse Resistance Education), that the City
spends over $3.2 million dollars a year through Community Development, Fire, Parks, Police,
and some out of International Trade Board. To answer your question on the future
accountability of City -funded youth programs, and how are we going to report this back to the
Commission, the Manager at the end of each budget year is going to come back with a report...
Mayor Clark: All right.
Ms. Cuervo: ...detailing this for you.
Mayor Clark: Now, listen, I noticed that a good percentage of funds come from the Police
Department.
Ms. Cuervo: Yes, sir.
Mayor Clark: And I want to commend them for their involvement in our City's youth. I have
heard some of the police officers feel that the Commission does not approve of their involvement
in these youth programs, but it shows that we do agree with... and the Fire Department, and all
other departments make other better lives for the young kids. And, Shorty, we congratulate you
all for getting as close as you can to our children. All right, fine. Any...
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Lieutenant, last time we were here we asked you questions about the Off -
Street Parking, when they issue a citation or a parking fine, all the revenues go to the City of
Miami.
Lieutenant Longueira: Right, I believe they are working on a response for that, but it wasn't for
this meeting. I believe it's for next month. But I know they are working on it.
1 Commissioner Gort: Oh, OK. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: At this point, agenda item 25 was
deferred to the Commission meeting of June 9, 1994.
82 May 5, 1994
............................................. -................ -....................................................
33. ACCEPT ADMINISTRATION'S RECOMMENDATIONS CONCERNING $672,100
HOME PROGRAM FUNDING BEING PROVIDED TO THE URBAN LEAGUE OF
GREATER MIAMI, INC. AND GREATER MIAMI NEIGHBORHOODS, INC. -- FOR
CONSTRUCTION OF M&M MAISON II HOUSING PROJECT (N.W. 62 STREET
AND 15 AVENUE) -- PROVIDED THAT BEFORE ANY MONIES ARE
DISBURSED, THE CITY COMMISSION WOULD LIKE TO SEE A SIGNED
CONTRACT WITH LABORERS' UNION, LOCAL 478.
Mayor Clark: Twenty-seven.
Commissioner Plummer: I move 27.
Mayor Clark: Twenty-seven. Any other conversation about 277
Vice Mayor Dawkins: Yes, sir. Under 27...
Mayor Clark: Got you.
Vice Mayor Dawkins: Is this HUD (Department of Housing and Urban Development) money?
Mr. Jeff Hepburn: Yes, it is, Commissioner.
i
Vice Mayor Dawkins: Then they must hire people according to the Bacon...
Commissioner Plummer: Davis -Bacon.
Mayor Clark: Davis -Bacon.
Mr. Hepburn: Yes. It's over 12 units, and they have to utilize the Davis...
Vice Mayor Dawkins: Beg your pardon?
Mr. Hepburn: The project is over 12 units, and they have to utilize the Davis -Bacon.
j Vice Mayor Dawkins: I want everybody to understand that, OK. Before you give out one
penny, I want to see contracts signed, especially, with the labor local on 62nd Street.
Mayor Clark: OK.
Vice Mayor Dawkins: All right?
t Mayor Clark: Very good.
I
Vice Mayor Dawkins: Don't give out any money. I'll second it with that amendment.
Commissioner Plummer: That's acceptable.
Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk.
83 May 5, 1994
K
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-330
A RESOLUTION ESTABLISHING AND APPROVING TERMS AND
CONDITIONS, AS SPECIFIED HEREIN, FOR A DEFERRED PAYMENT LOAN,
PREVIOUSLY APPROVED AND ALLOCATED FROM FY 1992 HOME
INVESTMENT PARTNERSHIP PROGRAM (HOME PROGRAM) FUNDS, IN
THE AMOUNT OF $672,100, AND MADE AVAILABLE TO THE URBAN
LEAGUE OF GREATER MIAMI, INC. AND GREATER MIAMI
NEIGHBORHOODS, INC., FOR THE DEVELOPMENT OF M&M MAISON II, A
21-UNIT AFFORDABLE RENTAL HOUSING PROJECT LOCATED IN THE
MODEL CITY NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THIS PURPOSE.
(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.
-------------------------------------------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND 11139 -- INCREASE TOTAL
APPROPRIATIONS FOR CAPITAL PROJECT: SAINT HUGH OAKS VILLAGE
HOUSING PROJECT (CIP 321040) -- APPROPRIATE $116,000 FROM BUILDING
SALES TO COVER COST OF OVERRUN INCURRED IN DEVELOPMENT OF 23
NEW SINGLE FAMILY HOMES ON CITY -OWNED PARCEL IN COCONUT
GROVE.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 28 and 29, they are together.
Commissioner Plummer: Well, I wish we had a choice here, Mr. Mayor. Because I'll tell you
something, I'm going to - put it on the record again - as far as I'm concerned, this is the kind of
thing that keeps the credibility out of our bidding procedure. They bid low, and then they come
in with all kinds of change orders, and then they are suddenly making a tremendous profit. I'm
not saying that that necessarily is the case here. But it's just the perception of "low -balling" is to
bring it in low...
84 May 5, 1994
Mayor Clark: To get in the door.
Commissioner Plummer: ...get your foot in the door, and then get all kinds of change orders, and
then you are way above what was the second bidder. And I just... This here is a... Is this a
ratification? Because the work has already been done. Am I correct?
Mr. Jeff Hepburn: The work is going on right now.
Commissioner Plummer: Yeah. Well, I'm telling you, in the future, that if you have any change
orders to any bids - and I'll say one percent above the bid - don't come here to me, or hopefully
my colleagues, and ask us to ratify, after the fact. Now, these people are going to make these
kinds of bids, we are going to hold their feet to the fire. This is an additional $116,000. In my
estimation, it never should have been.
Mayor Clark: Were these prices bonded to start with?
Commissioner Plummer: Obviously not.
Mayor Clark: Did you have them bonded?
Mr. Hepburn: The contract does have a bond.
Mayor Clark: Well, hell, if they had them bonded, they couldn't...
Mr. Hepburn: He has a bond.
Mayor Clark: If he had a bond, he should have been able to finish it with that. Got to stop that,
right quick.
Commissioner Plummer: Why can't we hold their feet to the fire here? Who authorized the
change orders? This Commission didn't.
Mr. Hepburn: The change orders have not occurred at this point. What we have is a cost
overrun...
Commissioner Plummer: They are doing the work.
Mr. Hepburn: ...that we are projecting that it's going to happen by the time we complete the
project.
Commissioner Plummer: Yeah. You see, they are trying to say, now, that it was because of
Andrew. That the hurricane was the bad guy. You know, well, hey, that's a risk that a
contractor takes when he takes a job.
Mayor Clark: Hell, that's two years ago, man.
Commissioner Plummer: Yeah, well, this project has been going on for 100.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Mr. Manager, I hear Commissioner Plummer, and the only thing he's
doing is voicing the same things I say daily and at every meeting. Every meeting you bring me
and this Commission a contract where we ratify a cost overrun, whether it's for paving, for
laying sewers, or for housing. But this is the first time, now, that this Commission decided to
85 May 5, 1994
position that we aren't going to pass any more. That's fine, I have no problem with it. If we
instruct the Manager that under no circumstances are you to bring before this Commission any
cost overrun at all. If you do that... no, no, wait... if we do that, I'm in accord with it. But just
don't pick out certain projects to pick them.
Commissioner Plummer: Well, what I said was...
Mr. Cesar Odio (City Manager): You go to the...
Commissioner Plummer: ... over one percent. Because that's where the penalty is.
Mr. Odio: Commissioner, it is not realistic to think that when you come in... and the Mayor has
been in the contracting business, and I have too. You go into a bid in good faith, you think that
cost is going to be what you are projecting it to be. All of a sudden you open up a ditch and you
find that something is on the way, and it has to be moved out of the way, and it wasn't in the
contract, and what do we do? - Stop?
Mayor Clark: Well, if it wasn't in the contract, that's not an overrun.
Mr. Odio: And what do we do? - stop the project until we have time to come here?
Commissioner Plummer: Mr. Manager, look, you know, I'm not pointing any fingers at you, sir.
Mr. Odio: No. I didn't take it that way.
Commissioner Plummer: But I think that we... Excuse me, the problem is the perception of
what's happening. That a guy comes in here, he low balls a bid, fully knowing that he's going to
be able to make it up in other circumstances. The second bidder is sitting there saying, "Hey, I
was only $10,000 difference, and you are going to now award this man $116,000 difference."
Mr. Odio: No, that's a good point.
Commissioner Plummer: It's the perception of the public, and the problem that we have with
bidders.
Mr. Odio: But...
Mayor Clark: All right, let's go.
Commissioner Plummer: So, as far as I'm concerned...
Mayor Clark: I think we've made our point.
Commissioner Plummer: ...in this case, Mr. Mayor, the work is done, and I will vote for 28 and
29 with the understanding that in the future, any change orders above one percent, if that's a
reasonable number, or two percent, have to be brought before this Commission before. Is it
reasonable two percent? I don't know.
Mayor Clark: Well, whatever. It's not so much the percentage, J.L., it's the circumstances.
Now, if a guy was digging a foundation, and then you said the foundation has to be so deep that
it hit water or something like that, you can't blame him for that.
Commissioner Plummer: Mr. Mayor, you are more of an expert in that field that I am. But I
think we've got to set a number.
86 May S, 1994
Mayor Clark: I'm going to get with them. I'm going to get with them, and tell them what I
think they should do.
Commissioner Plummer: OK. All right.
Mayor Clark: I appreciate it. Now, it's 29.
Commissioner Plummer: All right, let's understand this then this motion I make to approve 28 is
that no more overruns shall be accepted until the Mayor has met with the Administration to set
some kind of criteria.
Mayor Clark: They got to have a good bond. We'll set it up.
Commissioner Plummer: OK.
Mayor Clark: I've never had an overrun.
Commissioner Plummer: So as long as that is the understanding. I'll move 28, Mr. Mayor.
A. Quinn Jones III, Esq. (City Attorney): Twenty-eight is an ordinance.
Mayor Clark: Twenty-nine, also?
Commissioner Plummer: Twenty-eight... well, you've got to do a...
Mr. Jones: Twenty-eight is an ordinance.
Mayor Clark: All right, read it. All right. Moved and seconded. Call the roll.
AN ORDINANCE -
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 OF TWENTY-THREE (23)
NEW SINGLE FAMILY HOMES ON THE CITY -OWNED ST. HUGH OAKS
PARCEL LOCATED IN THE COCONUT GROVE NEIGHBORHOOD;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
87 May 5, 1994
IR
Passed on its first reading by title at the meeting of April 14, 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.
a
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11145.
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.
------------- ----- ----------------------------------------------------------------------------------- -----
35. AUTHORIZE INCREASE ($116,000 FROM CIP 321034: BUILDING SALES) IN
CONTRACT WITH ASSOCIATES CONSTRUCTION CORPORATION -- FOR THE
SAINT HUGH OAKS VILLAGE HOUSING PROJECT, B-6206 (CIP 321040)
CONCERNING DEVELOPMENT OF 23 NEW SINGLE FAMILY HOMES IN
COCONUT GROVE. (See label 74)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, 29.
Commissioner Plummer: Move it. It's a companion. Same comments apply here that applied
before.
May 5, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-331
A RESOLUTION, AUTHORIZING AN INCREASE IN THE AMOUNT OF
$116,000, IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA
AND ASSOCIATES CONSTRUCTION CORPORATION, A FLORIDA
CORPORATION, DATED DECEMBER 12, 1992 FROM $2,258,000 TO
$2,374,000 FOR THE "SAINT HUGH OAKS VILLAGE HOUSING PROJECT",
B-6206 CAPITAL IMPROVEMENT PROJECT NO. 321040, IN CONNECTION
WITH THE DEVELOPMENT OF TWENTY-THREE (23) NEW SINGLE
FAMILY HOMES IN THE COCONUT GROVE NEIGHBORHOOD; SAID
FUNDS TO BE PROVIDED FROM CAPITAL IMPROVEMENT PROJECT
ENTITLED "BUILDING SALES", PROJECT NO. 321034 (PROCEEDS FROM
THE SALE OF AFFORDABLE HOUSING UNITS); FURTHER RATIFYING THE
CITY MANAGER'S WRITTEN FINDING, BY AN AFFIRMATIVE VOTE OF
4/5THS OF THE MEMBERS OF THE CITY COMMISSION, THAT THE
HEREIN INCREASES RESULTED FROM EMERGENCY CIRCUMSTANCES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Item number 30 is withdrawn.
Commissioner Plummer: Thirty-one is withdrawn.
-------------------------------------------------------------------------------------------------------------------
36. PERSONAL APPEARANCE: JEFFREY B. DEGEN TO DISCUSS LOT SPLIT ON
2801 EMATHLA STREET, COCONUT GROVE -- BRIEF DISCUSSION AND
DEFERRAL TO MAY 23RD PLANNING & ZONING MEETING.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: We're on 32.
(INAUDIBLE COMMENT NOT PLACED IN THE PUBLIC RECORD.)
Commissioner Plummer: Right.
Mayor Clark: Thirty-two, yes.
89 May 5, 1994
Commissioner Plummer: We're going to be out of here before noon.
Mayor Clark: We will be. What's on 32? What is this, Mr. Manager?
Commissioner Plummer: This is where they split a lot on Emathla. Is this yours, also? Mr.
Mayor, this was... Let me give you a little background on this, because I've been deeply
involved in this, my office has been. This comes about as a confiscation of a property from a
drug dealer - excuse me - illict activity on the premises. The gentleman who is immediately
contiguous to this property bought the property. He is the one who has split the lot to make two
lots. The problem that is at the present time is that the cutting of the corners for the safety - what
do you call it? - the turn safety, has reduced it down from the ten thousand square feet. That's
where the problem is today. This gentleman, I'm assuming - I don't know - is opposed to that.
The owner who bought the property from the confiscation is the one who's before the board
today. So I'm trying to bring up... I hope I brought you all up to date. Go from there, sir. Bring
the microphone down. Start off by your name and address.
Mr. Jeffrey Degen: Hi. My name is Jeffrey Degen. I live at 2850 Emathla Street in Coconut
Grove, the same block on which the property being discussed is located on. The issue before
this body is whether or not to grant Mr. Kuryla a variance. Obviously, the applicant does not
have the right to a variance. It is a privilege only you can bestow.
Commissioner Plummer: Wait, wait, wait. Excuse me, sir. Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: Can he come before this board and talk about zoning prior to a zoning
hearing?
Mr. Jones: Well...
Commissioner Plummer: Assuming... Question. Has the applicant... Has the owner applied for
a variance? My question is, under Jennings rule...
Mr. Degen: We'll change "variance" to "adjustment."
Commissioner Plummer: I'm sorry? Excuse me. I'm not trying to stop you, sir. I'm asking
whether we're all going to be legal? Can he come here and talk about something...
Mayor Clark: No, he can't come down and talk... No, he can't do that.
Mr. Degen: It doesn't have anything to do with...
Commissioner Plummer: What?
Mr. Cesar Odio (City Manager): It's got to do with public works.
Commissioner Plummer: He's talking about a variance.
Mr. Odio: I don't know. Is he asking for a variance?
Mayor Clark: He's just talk... Wait a minute. Let's get together here, now.
Commissioner Plummer: He sure mentioned the word "variance."
90 May 5, 1994
Mr. Joel Maxwell (Assitant City Attorney): He used the word "variance," he might be using it in
another context.
Commissioner Plummer: Hey, all... Look, I'm not trying to rule this roost. I'm just saying
when I heard the word "variance," that's zoning and Jennings rule applies.
Mr. Odio: It's the Street and Plat Committee. It has nothing to do with a variance. It's on the
Street and Plat Committee.
Commissioner Plummer: So, Mr. City Attorney, he can proceed?
Mr. Jones: If it doesn't have anything to do with the land use matter, then he's properly before
US.
Commissioner Plummer: Fine, I just... Damnl I'm just trying to keep strictly legal.
Mayor Clark: The Street and Plat Committee has nothing to do with zoning? What are you
talking about? How do you think we arrange zoning? That's the whole guts of it. Street and
Plat Committee is what...
Mr. Jones: I said if it has nothing to do with a zoning issue, then it would properly be before us.
Mr. Odio: I had placed this item on the May 23rd agenda, and maybe that would be the time for
you to address this, not now. But it is on the May 23rd agenda.
Mayor Clark: I don't understand it right now. Come back on the 23rd.
Mr. Degen: I think it is not.
Mr. Odio: I'm sorry, it is not, it is not. I'm sorry, it is not.
Mayor Clark: Well, what are we going to do here, fellows?
Commissioner Plummer: I don't know. Can we discuss it? If we can, let him proceed. If we
can't discuss it today, then let's reschedule it for when it's proper.
Mayor Clark: Sergio?
Commissioner Plummer: Hello?
Mayor Clark: What have you got, hand signals going on here? All right, come back on the 23rd.
Mr. Odio: OK, wait a minute, now. Let me clarify this. Mr. Tucker had requested an
appearance in the Commission on May 23rd, and he's on the same subject, and he's a neighbor
that wants to address the same subject. So we may as well do it on May 23rd.
Mayor Clark: Come back on the 23rd, you're better off. There's unity in numbers.
Commissioner Plummer: Hey, understand, I'm not trying to be a stumbling block, but I don't
want something to come up and be illegal.
Mayor Clark: OK. Next case, next case.
91
May 5, 1994
0
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
37. DISCUSSION CONCERNING NET OFFICE IN COCONUT GROVE.
Mayor Clark: All right, item 34 is... Mr. Samuels?
Commissioner Plummer: Deferred it.
Mayor Clark: Where is Mr. Samuels?
Mr. Michael J. Samuels: Here I am, sir. My name is Michael Samuels. I live at 4001 Utopia
Court in Coconut Grove. Honorable Mayor and Commissioners, thanks for granting me the
opportunity to speak to you today about the NET (Neighborhood Enhancement Team) Program.
While I don't agree with certain decisions made by you, I respect this Commission and have
come to realize how difficult some decisions are to make. I'll be brief, as I also have come to
accept the establishment of the second NET office is the will of the Commission and it's
inevitable.
Mayor Clark: Yes, sir.
Mr. Samuels: I'd like to start out by saying that our City Manager, Mr. Odio, has done a terrific
job under difficult circumstances in creating these NET offices. The concept is working well.
Speaking of our Coconut Grove NET office, our NET Administrator, Christina Abrams, has
done, from what I can gather, a flawless job for our entire community, both black and white.
Over the years and with the establishment of the Village Council, some of us have tried to create
a feeling of one Coconut Grove for the better of all of Coconut Grove. In my opinion, the
creation of a second NET office is a setback for our community, and a deviation of the concept
of one Coconut Grove. I believe that in the long run, this will do more to hurt the black
community than help the black community. In any event, in my opinion, the second NET office
should be located on Grand Avenue. This would help to greatly reduce crime on Grand Avenue,
bring more traffic flow down underutilized Grand Avenue, and would help the entire Grove
community with our crime problem, traffic flow problem, and general sense of well being. To
be successful, a business needs to have traffic flow in front of it. If the West Grove wants
economic growth, there's going to have to be more traffic flow than there is now, and I believe
the creation and the placement of the NET office on Grand Avenue would do just that. It would
make that street safer for traffic to come down. If there was one NET office on Grand, which
could have been located on Grand Avenue with a combined staff, in my opinion, it would have
been a good idea to give the present NET space to the glass house - in the glass house to the
Coconut Grove Village Council, which is the elected representatives of the Grove. This would
have housed both the chamber and the council, the community and the commercial interests
under one roof, and close proximity may have inevitably resulted in a better working relationship
between the residents and the commercial interests. However, as I said before, I'm resigned to
the fact that you want two offices. At least put the second office in a place where it will make a
difference, on Grand Avenue, not in the out of the way HRS Building. Thanks for your time
today.
Mayor Clark: Thank you, Mr. Samuels. Yes, ma'am, did you want to say something about this
item?
Ms. Esther Armbrister: Yes. My name is Esther Mae Armbrister. I live at 3350 Charles
Avenue. I would like to say, Christina Abrams has done a beautiful job up to now. I'd also like
92 May 5, 1994
N
to say Grand Avenue is not the place to put that project. You don't have parking space. To
begin with, you don't have parking space. And it is inconvenient. At the HRS Building, it is
long, large enough to house just about every organization...
Mayor Clark: All right.
Ms. Armbrister:... association that's needed in Coconut Grove. Now, as far as your opinion, sir,
you have the right to your opinion.
Mayor Clark: No, please, please, address the Commission.
Ms. Armbrister: All right, OK.
Mayor Clark: Please address the Commission.
Ms. Armbrister: Anyway...
Mayor Clark: Just a second. Please, now don't get excited.
Mr. Samuels: No, I'm not excited.
Ms. Armbrister: It's more convenient for it to be located at the HRS Building than any other
place in Coconut Grove.
Mayor Clark: Your recommendation is taken under consideration, yes, ma'am.
Ms. Armbrister: All right. I thank you very much.
Mayor Clark: Thank you. Yes, ma'am, the other lady.
Ms. Frankie Rolle: My name is Frankie Rolle, and I represent CAACD (Community Action
Agency for Community Development) of Coconut Grove. And recently, I gave each one of you,
to your office, a paper like this stating the accomplishments that we have made in Coconut
Grove through the years. One thing for sure, it's not a personality thing with me. Jack Luft,
when he was City Planner for our area, told us the little red brick sidewalks were going to bring
people down in West Grove. It didn't do it. So I am in favor of a second NET office in the
is
Human Resource Center, because that's what we identify with, and that's where we are.
Mayor Clark: Thank you, thank you. Yes, Billie.
Mr. Billie Rolle: Billie Rolle. I reside at 3430 Williams Avenue. Pertaining to the NET office,
I'm a businessman in the area, have housing. People are still afraid to come to the Village, black
people. You know, we are still afraid of some people. Some people just won't come. We might
as well face that. We will come, but everybody won't come. With a NET office at the resource
building, they will come to try to satisfy their needs.
Mayor Clark: You made the point, Bill.
Mr. Rolle: This is what I want to say to the Commission. We need the situation, because the
squeaky wheel gets the grease, Mayor.
Mayor Clark: All the time. Thank you, Bill.
END OF DISCUSSION -- NO ACTION TAKEN
93 May 5, 1994
L]
SO
NOTE FOR THE RECORD: At this point, agenda item 35 was
called or discussion. a record was marked to reflect no
appearance by Interested parties at this time.
-------------------------------------------------------------------------------------------------------------------
38. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND:
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1994 -- APPROPRIATE
$310,846, CONSISTING OF A GRANT FROM U.S. DEPARTMENT OF
AGRICULTURE (USDA) THROUGH FLORIDA DEPARTMENT OF EDUCATION --
ACCEPT GRANT -- EXECUTE NECESSARY DOCUMENT(S).
Mayor Clark: Thirty-seven. Explain this, Mr. Manager, please, sir.
Mr. Cesar Odio (City Manager): This is a summer program, Mr. Mayor. Go ahead.
Mr. Albert Ruder: This is the annual summer program grant that we get to serve lunch.
Mayor Clark: All right, Mr. Ruder.
Mr. Ruder: Excuse me. Oh, Albert Ruder, Director of Parks Department. It's for lunches and
snacks, and this is the ordinance establishing the special revenue fund for the program.
Mayor Clark: You need this passed today.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: (Microphone turned off - Inaudible.)
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, you aren't on the record. Your mike.
Vice Mayor Dawkins: Each year, you tell me that we get the best price by piggybacking on the
County's bid, but you never come and show me what it would have been, had we not gone along
with the bid of the County. So from now on, you know, let me... Because... Where is this
company who the County is going to do business with, where are they located?
t"
Mr. Ruder: The particular vendor that's been selected this year is a City of Miami business,
1 Jerry's Caterers and...
Mayor Clark: Jerry's Caterers?
Mr. Ruder: Yes, 4520 Northwest 20th Street.
Vice Mayor Dawkins: OK, good. OK, then I have no problem. But sometimes, it's not in the
City. OK, thank you.
Mr. Odio: Yeah, we got lucky. They did.
Mayor Clark: All right motion...
94 May 5, 1994
Mr. Jones: I need to read the ordinance.
Mayor Clark: Read the ordinance. All right. There's a motion and a second. Call the roll,
Madam Clerk.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1994 AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
f $310,846 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION;
f AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM
M THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort, for adoption
as an emergency measure and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11146.
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.
95 May 5, 1994
-------------------------------------------------------------------------------------------------------------------
39. AUTHORIZE METROPOLITAN DADE COUNTY, ON BEHALF OF THE CITY, TO
ADVERTISE / EVALUATE / ACCEPT BIDS) OF VENDOR(S) TO PROVIDE U.S.
DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE
CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM - 1994 --
AUTHORIZE METROPOLITAN DADE COUNTY TO ENTER INTO NECESSARY
CONTRACT(S), SUBJECT TO THE CITY'S ACCEPTANCE OF A GRANT
($310,846) FROM USDA THROUGH FLORIDA DEPARTMENT OF EDUCATION.
Mayor Clark: Item 38. You on this too, Mr. Ruder?
Mr. Cesar Odio (City Manager): It's accepting the bid, Mr. Mayor.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: All right, read the ordinance.
A. Quinn Jones, III, Esq. (City Attorney): It's a reso.
Mayor Clark: It's a resolution?
Mr. Jones: Yes.
Mr. Albert Ruder: Yes, yes, it is.
Mayor Clark: Cast a unanimous ballot, Madam Clerk. Sorry.
Mr. Jones: Working on it.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-332
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON
BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND
ACCEPT THE BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED
STATES DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO
ELIGIBLE CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE
PROGRAM - 1994; FURTHER AUTHORIZING METROPOLITAN DADE
COUNTY TO ENTER INTO THE NECESSARY CONTRACT(S) WITH THE
SUCCESSFUL BIDDER(S) FOR THIS PURPOSE AND AUTHORIZING THE
CITY MANAGER TO DIRECT THE CHIEF PROCUREMENT OFFICER TO
ISSUE THE NECESSARY PURCHASE ORDER(S), SAID AUTHORIZATIONS
BEING SUBJECT TO AND CONDITIONED UPON THE CITY OF MIAMI'S
ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF $310,846
FROM USDA THROUGH THE FLORIDA DEPARTMENT OF EDUCATION
AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1994 CITY'S
SUMMER FOOD SERVICE PROGRAM.
96 May 5, 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.
-------------------------------------------- -----------------------------------------------------------------------
40. EMERGENCY ORDINANCE -- AMEND 10021, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
(LETF), TO PROVIDE FOR AN INCREASE OF $950,000 AS A RESULT OF
SUCCESSFUL FORFEITURE ACTIONS.
Mayor Clark: What about 39?
A. Quinn Jones, III, Esq. (City Attorney): Thirty-nine is an ordinance.
Mayor Clark: Is there a motion?
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second the motion with the proviso that not a dollar is to be spent of
that money without Commission approval.
Mr. Cesar Odio (City Manager): Let me repeat it one more time, that it has to come back to you
anyway.
Commissioner Plummer: Well...
Mayor Clark: Read the ordinance.
Commissioner Plummer: I'm tired of paying for floats in the Orange Bowl.
(THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY)
Commissioner Plummer: For the record, if I may, Mr. Manager, I'd like you to come back, since
we've put up $155,000 for the Police Chiefs National Convention, OK, $155,000, I'd like to see,
under State statute, the justification of buying for that convention dinner and cocktails at the cost
of $90 per person, and I'd like to know how that's going to deter crime in the future, because
that's what these monies are for. So would you get back to me with a justification, at $90 a
person, of why we are giving that kind of money to this National Police Chiefs Convention.
Thank you, sir.
97 May 5, 1994
Mayor Clark: All right, come back. Item 40.
Ms. Matty Hirai (City Attorney): Excuse me, Mr. Mayor, I need to call the roll.
Mayor Clark. Ma'am?
Ms. Hirai: May we call the roll on this?
Mayor Clark: Call the roll. Sorry.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF
$950,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE
TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner Plummer, for
I doption as an emergency measure and dispensing with the requirement of reading same on
two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11147.
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.
May 5, 1994
-------------------------------------------------------------------------------------------------------------------
41. SECOND 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.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Listen, on item number 40, this is a Code Enforcement ordinance which would
prohibit the issuance of a renewal of certificate of use or occupational license when a property or
leased premises is also the subject of any Code Enforcement proceeding. This is going to stop it.
Now, this is going to stop. You understand, Miller?
Commissioner Plummer: Well, let me ask a question, Mr. Mayor.
Mayor Clark: Go ahead.
Commissioner Plummer: With that occupational license, are we going to have the ability to shut
them down?
Mayor Clark: Absolutely. Absolutely.
Commissioner Plummer: Mr. City Attorney? Well, you know, if that's... Hey this is great, if
that's what it is.
A. Quinn Jones, III, Esq. (City Attorney): Yeah, we can. We can, because they can't operate.
Commissioner Plummer: But are you going to have the ability to go in and lock the door? I'm
not talking about a long, arduous court procedure and all of that. Can you walk in and lock the
door, saying, "Hey, guys, you are doing wrong, you're going to stop it immediately, and we're
locking the door until you get right"?
Mr. Jones: No, it doesn't. You can't go in and lock the premises. What you can only do, it's a
misdemeanor, and you arrest them for operating a business illegally without a license.
Commissioner Plummer: You can arrest them?
Mr. Jones: Yes, sir.
Commissioner Plummer: For operating a business without an occupational license? It's fully
your intent to do such?
Mayor Clark: Absolutely, if they don't pay their Code Enforcement.
I
Commissioner Plummer: OK. Hey, maybe this is the very clout that the Code Enforcement
Board has needed for a long time. So, Mr. Mayor, I congratulate you on this one.
Mr. Jones: The police will be enforcing this, not Code Enforcement.
Commissioner Plummer: He, I don't want any... Yeah, but, you know, you've got a legal
advisor over there at the Police Department you don't control. Let's call it like it is, all right?
99 May 5, 1994
1
i
Mr. Jones: Yes, you can sign there.
Commissioner Plummer: Now, what I'm saying to you is, let's don't make something here that
this Commission thinks by the Mayor's motion is doing exactly what we hope to accomplish,
and the Police Department doesn't enforce it.
Mayor Clark: Well, let me finish, J.L.
Commissioner Plummer: Huh?
Mayor Clark: Mr. Manager, if properly enforced, this ordinance should produce significant
revenue for the City for a recouping of a substantial amount of uncollected Code Enforcement
fines. But more importantly, this ordinance, will act as a hammer to bring commercial and
multi -unit properties into compliance with the Code.
Commissioner Plummer: That's great. Hey.
Mayor Clark: Are we going to have a progress report? The City currently has ninety million
dollars of uncollected Code Enforcement fines outstanding, and many of these fines are
associated with commercial or multi -unit residential properties. And I believe that... I'm going
to move this ordinance. You got the chair, Miller.
Commissioner Plummer: I'll second it, with pleasure.
Mayor Clark: Read the ordinance. All right.
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.
Passed on its first reading by title at the meeting of April 14, 1994, was taken up for its
E second and final reading by title and adoption. On motion of Mayor Clark, 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
r NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11148.
100 May 5, 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.
Commissioner Gort: Congratulations, Mr. Mayor.
Mayor Clark: Thank you very much.
---------------------------------------------------------------------------------------------------------------------
42. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND
SIDEWALKS) BY AMENDING SECTION 54-104 (NONSTANDARD STREET
WIDTHS) -- MODIFY WIDTH OF S.W. 8 AVENUE BETWEEN W. FLAGLER
STREET AND S.W. 8 STREET.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 41 is...
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? This is an amendment. All right. Call the roll, Madam Clerk.
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.
Passed on its first reading by title at the meeting of April 14, 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. 11149.
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.
101
May 5, 1994
-------------------------------------------------------------------------------------------------------------------
43. FIRST READING ORDINANCE: AMEND CODE CHAPTER 39, ARTICLE II
(SIDEWALK AND STREET VENDORS) -- ESTABLISH PROCEDURES FOR
ASSIGNMENT OF VENDORS TO SPECIFIC VENDING ZONES IN THE COCONUT
GROVE SPECIAL VENDING DISTRICT, PROVIDING FOR LIABILITY AND
INSURANCE, SPECIFYING PENALTIES AND PROVISOS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, item 42.
Commissioner Plummer: I've got some problems with 42.
Vice Mayor Dawkins: Second, for discussion.
Commissioner Plummer: OK.
Mayor Clark: It's been moved and seconded. What is it, J.L.?
Commissioner Plummer: Mr. Mayor, our problem is... is being fair. The way that it's occurring
down there presently, there are certain people who have taken out squatter's rights and think they
own a certain corner. There are times when people are out there at midnight to get the place for
a Friday or Saturday. And I don't think anybody has an exclusive right to have City property,
where they pay us no return to the City of revenue. And I don't know how this, in effect, is
going to control that problem. We have designated - what is it, Ted - seven?
Mr. Ted Stahl: Ten.
Commissioner Plummer: Ten locations. Now, in my estimation, there ought to be a rotating
basis, or a pool from the lotto.
Mr. Jim Kay: That's what this does, Commissioner.
i Commissioner Plummer: For how long a period?
Mr. Kay: Ninety -day period, ninety -day rotation.
Commissioner Plummer: All right. And it will be then for... The people have to go and put
their name in, and they have to be qualified?
Mr. Kay: Yes, sir.
Commissioner Plummer: They will have to comply with all of the rules pertaining to the kind of
cart?
Mr. Kay: Yes, sir.
Mayor Clark: Insurance?
I
Commissioner Plummer: What about insurance?
l:
Mr. Joel Maxwell (Assistant City Attorney): It's a million dollar insurance policy.
102 May 5, 1994
Commissioner Plummer: A million dollars, OK. And so there will be names, and who will
control that, Public Works?
Mr. Kay: Public Works will control it. It will be enforced by a NET (Neighborhood
Enhancement Team) Office.
Commissioner Plummer: OK. Then I have no problem.
Mayor Clark: OK.
Commissioner Plummer: Maybe I do, I don't know.
Mr. Stahl: I just have a question.
Commissioner Plummer: Ted's always a problem.
Mr. Stahl: When you say "enforcement," what manner of enforcement?
Mayor Clark: Well, the guy's got to check in, he's got to check out. If he's not there, he gets
out.
Mr. Stahl: No, I'm talking... I'm talking...
Mr. Kay: See if they actually have a valid certificate in there.
Mr. Stahl: I'm talking about the maintenance of their carts, the appearance, that they are at all
times presentable on the streets, which has been lacking from the day this ordinance was put into
effect.
Commissioner Plummer: Oh, hey especially for over at the park. They're driving us crazy in
the park.
Mr. Stahl: There are certain rules and regulations already stated in that ordinance about the
maintenance, the upkeep, their appearance, and none of them are paying attention to it, because
there is no enforcement. All we want is some assurance from Public Works or this Commission
that there is a way of fining, and what we had suggested: three fines, and you've lost your
license for the year.
Mayor Clark: OK, all right.
Mr. Kay: OK. There's several agencies that...
Commissioner Plummer: Well, Ted, I'll tell you how I would do it, because we're not trying to
raise money here.
Mr. Stahl: No, sir, I know that.
Commissioner Plummer: I would suggest that if they are cited by the department for not keeping
a nice appearance, that they not be allowed to be in the lotto for ninety days.
Mr. Stahl: I used the wrong terminology. Not "fines," warnings.
Mayor Clark: Citings.
103 May 5, 1994
Mr. Stahl: Citings.
Mayor Clark: Yeah.
Mr. Stahl: Three citings, and they would lose their license for the year.
Commissioner Plummer: Fine. I would go along with one.
Mr. Stahl: So would I.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: We should make sure that we set up the criteria with the vehicles and all
the needs that they have to comply with. We've got to give them that information.
Mr. Kay: Yes, sir. It's very specific in the ordinance.
Commissioner Gort: It's very specific?
Mr. Kay: Yes, sir.
Commissioner Gort: Because after we've adopted this in Coconut Grove, I think we've got to
adopt this in downtown and the rest of the City.
Mr. Kay: This is sort of serving, I think, as a pilot program, as we had discussed.
Mr. Maxwell: Yes, if I may...
Mr. Stahl: May I ask just one more question? The ten locations, are they mentioned in this
document?
Mr. Maxwell: Yes.
Mr. Kay: There is an attachment to this document.
Commissioner Plummer: There's a map.
Mr. Stahl: May I ask where those locations are, the new ones that have just recently been added?
I know where the old ones... Thank you. This is fine, thank you.
Mayor Clark: All right. We got this moved and seconded. Call the roll... Read the ordinance.
Mr. Maxwell: Just a question for the record. On the revocation proceedings that you all want
included in it, that's after one citing, or warning, or what was that?
Commissioner Plummer: Three citings, that's fine. I got no problem.
Mayor Clark: Three citings.
Mr. Maxwell: And then they will not be allowed to participate in the lottery.
104 May S, 1994
Mayor Clark: That's right, exactly.
Mr. Maxwell: For ninety days?
Mayor Clark: Yeah.
Commissioner Plummer: No, for ninety days or a year?
Mr. Maxwell: For the rest of that vending year?
Commissioner Gott: For the rest of the... OK.
Commissioner Plummer: No. They can't reapply for a year.
Commissioner Gott: All right.
Mayor Clark: All right, let's go. You got it in there?
Mr. Maxwell: Yes. One other thing, Commissioners. The million dollar insurance requirement
that you have here, it's in this one, it was added after concerns by members of the Commission.
It would apply only to the Grove. I would suggest to you that you may want to instruct us to
bring an ordinance back making that Citywide in application because of the inherent unfairness...
Mayor Clark: Well, let's don't carry it out there, don't get out and give it too much. Let's work
with the Grove right now. Let's get this where we can get it under hand and then we'll go to the
rest of the City. Let's don't get out and advertise it too much. We got enough problems,
anyway.
Commissioner Gott: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gott: My understanding, it's the - and Maxwell has worked with this since 1980,
because we had this in downtown Miami - one of the reasons is, my understanding, you have to
make it uniform in order to stick in court, or because of a legal matter?
Mr. Maxwell: Yes, it is. I'm concerned that we could be challenged on an equal protection
basis. You are saying that vendors in the Coconut Grove area would have to have a million
dollars of insurance because of the inherent liability to the City, but yet, vendors in other parts of
the City, including downtown, don't have that problem.
Commissioner Gott: Citywide.
Mr. Maxwell: Yes.
Commissioner De Yurre: Why don't we defer this, to have something uniform that we can all,
you know, have throughout the City?
Commissioner Plummer: What's wrong with what we're establishing in Coconut Grove to be
the uniformity Citywide?
Commissioner Gott: There's nothing wrong with that, Victor. I think we need to do that.
Commissioner De Yurre: OK. Well, do we want to do that? Are we set to...
105
May 5, 1994
Commissioner Plummer: Well, OK, there's only one thing that we better take, and that's the
Miami Arena. How would that apply? Because we made certain provisions down there, you'll
recall. I can tell my colleague, my blue brother, that the vendors at Bayfront Park are absolutely
incredible. And let me tell you, they get into fights, they get into all kinds of hassles down there,
you know.
Commissioner Gort: It happens everywhere.
Commissioner Plummer: We have seven locations, I think, on the boulevard. And I got to tell
you something. At the last festival we had down there, I counted over thirty. When I asked the
Police Department to come down there, they said, "We can't do anything because it's in the Off -
Street Parking Authority's bailiwick." And I'm telling you, these guys are bringing in bottles of
whiskey, tequila, vodka, and they're selling it to the people going into the park, and when hell
breaks loose, the park's going to be responsible, and we didn't do it. Now, I've asked and asked
for years that when we have a festival, that those seven items, those seven locations be enforced.
And I want to tell you something. You want to talk about liability? You got it. Victor, what
was it...
Commissioner De Yurre: Well, I bet you things are going to change once Miller Dawkins goes
in there now.
Commissioner Plummer: What was the thing about the Sports Authority, about the vendors over
there?
Commissioner De Yurre: We worked out... And I just was speaking with Ralph Franklin the
other night. He says it works really well. They have twelve spaces there. They police it
themselves.
Commissioner Plummer: All right. So if we make this uniformly...
Commissioner Gort: This is first reading. It's got to come back to us.
Commissioner De Yurre: OK.
Mr. Maxwell: No, no, this...
Vice Mayor Dawkins: The only thing Commissioner Plummer should have done was call the
Police Department and tell the Police Department...
Mayor Clark: You got a riot.
Vice Mayor Dawkins: ... there are seven sites out there. Once those seven sites are filled, I
expect the City of Miami Police Department to turn everybody else away, and Commissioner
Plummer didn't do that.
Commissioner Plummer: Don't hold your breath.
Mr. Maxwell: Mr. Mayor, my concern only goes to the insurance provision; not to the other
provisions here dealing with Coconut Grove, only the insurance thing. There's no reason why
you can't adopt this ordinance in total, and if you desire to instruct us to come back with an
ordinance that would address the insurance and any other concerns involving the rest of the
City...
106
May 5, 1994
Mayor Clark: All right, let's vote on it, then. It's all rhetoric now. Call the roll.
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II,
ENTITLED "SIDEWALK AND STREET VENDORS", BY ESTABLISHING
PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING
ZONES IN THE COCONUT GROVE SPECIAL VENDING DISTRICT;
PROVIDING FOR REVOCATION; PROVIDING FOR LIABILITY AND
INSURANCE; MORE PARTICULARLY BY AMENDING SECTIONS 39-11, 39-17
AND 39-17.1; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre 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.
-------------------------------------------------------------------------------------------------------------------
44. FIRST READING ORDINANCE: AMEND 11139, BY ESTABLISHING
APPROPRIATIONS FOR A CAPITAL IMPROVEMENT PROJECT: WATSON
ISLAND SANITARY SEWERS, IN THE AMOUNT OF $2,000,000.
Mayor Clark: Item 43.
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor. Clark: Read the ordinance.
(THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY)
Commissioner Plummer: Can 1 ask, Mr. Manager, is this, in fact, Watson Island?
Mr. Cesar Odio (City Manager): Yes.
107
May 5, 1994
Commissioner Plummer: You know, tell me where I'm confused. We have a lot of residential
areas that don't have sanitary sewers that are begging for them, and we're going to go do Watson
Island?
Mr. Odio: No, no, we don't.
Vice Mayor Dawkins: Yes, we do.
Mr. Jim Kay: Mr. Commissioner, that's not true. The only place in the City where we don't
have any sanitary sewers is in South Coconut Grove and Watson Island.
Vice Mayor Dawkins: Yeah, but he's not... See, sanitary sewers, to us, means sewers, gutters
and paving.
Mr. Kay: No, no.
Vice Mayor Dawkins: OK, all right. There's a lot of areas that do not have that. That's what
he's saying.
Mayor Clark: All right.
Commissioner Plummer: Well, let me ask you this question. Why are we...
Mr. Odio: Commissioner, we have... Commissioner, if you...
Commissioner Plummer: Excuse me.
Mr. Odio: OK.
Commissioner Plummer: Why are we doing, City, two million dollars, where if that island is
ever developed, it should be at the expense of the developer?
Mr. Odio: No, sir. You have to provide the infrastructure to do anything in there.
Vice Mayor Dawkins: Well, why don't we wait until that time?
Mr. Odio: Because, Commissioner, if we don't do this now, we will never be able to move
ahead with Watson Island to do anything in there. We really need to do this. If not, we might as
well keep it as is. We need to move in there. We went, and I inspected the island the other day...
Commissioner Plummer: I tell you what, I'm going to vote for it today on first reading.
Mr. Odio: Please. Thank you very much.
Commissioner Plummer: But you've got to do me some convincing for the second reading.
Mayor Clark: Call the roll. Call the roll.
108 May 5, 1994
'EEfi
AN ORDINANCE AMENDING ORDINANCE NO. 11139, ADOPTED APRIL 14,
1994, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING APPROPRIATIONS FOR A CAPITAL IMPROVEMENT PROJECT
ENTITLED "WATSON ISLAND SANITARY SEWERS" IN THE AMOUNT OF
$2,000,000; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre 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.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
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:
Vice Mayor Dawkins: I vote no, because I feel there's other places in the City of Miami that that
two million dollars could be providing better services.
Commissioner De Yurre: Let me ask something. What is this going to do? Why is that
immediate need for this two million dollar expenditure, other than keeping people working?
Mr. Jim Kay: The two million dollars will be spent for a subaqueous force main from the
mainland to Watson Island, and also a pumping station. That is it. The sanitary sewer system,
collection system that will have to be constructed on the island itself will have to be done at the
expense of any developer.
j Commissioner De Yurre: OK. Now, what is that pump station, what is that going to,..? How is
i,. that going to help the City?
E:.
Mr. Kay: To provide some infrastructure for development to take place.
Commissioner De Yurre: I know, but what area?
Mayor Clark: Because if you didn't do it now, you'd have to do it later. It would probably be
three times as much, Victor.
Vice Mayor Dawkins: Providing.,.
Mr. Odio: Without the pumping station, whoever comes in there, if he'll decide to build a mega
yacht marina and whatever...
Commissioner De Yurre: Don't you think that they would have to pay for that, also?
Mr. Odio: They would,.. No, not this one. You have to give them connections.
109 May S, 1994
Mayor Clark: You've got to give them something to connect up to.
Commissioner De Yurre: OK. Then when... ON, I'll vote yes. And then we've got to start
talking about when we're going to do something on Watson Island, because we're preparing this
for what?
Mr. Odio: We are going to...
Commissioner De Yurre: What for?
Commissioner Plummer: Well, my point.
Mayor Clark: Please, please now, roll call.
Mr. Odio: We are going to come back with that.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: OK, it passed.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
Introduces his youngest aughter, Joan.
---------.---------------------------------------------------------------------------------------------------------
45. FIRST READING ORDINANCE: AMEND CODE SECTION 53-161, BY
CHANGING THE RATE SCHEDULE FOR USE AND OCCUPANCY OF AND
SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE
MIAMI CONVENTION CENTER -- ESTABLISH TWO NEW RATE CATEGORIES:
PRE -CONCERT AND POST-CONCERT.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, item 44. Is there a motion? Amending... Rate changes for the Miami
Convention Center.
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY)
Mayor Clark: Mr. Pajares, do you recommend this? You guys are hiding back there like you...
Are on the ball here?
Mr. Pajares: Yes, Mr. Mayor.
110 May 5, 1994 -
Mayor Clark: You recommend this?
Mr. Pajares: Yes, sir, absolutely.
Mayor Clark: Call the roll.
Commissioner Plummer: Can I have it briefly, Mr. Mayor? Please, I'm sorry. Mr. Pajares, tell
me briefly what does this ordinance do?
Mr. Pajares: It basically establishes two new rates that we didn't have before. We now have a
rate for pre- and post -concert. When we have a concert, and somebody decides to do it at the
last minute...
Commissioner Plummer: Does this up the rate, or lower the rate?
Mr. Pajares: They didn't exist before. This category never existed.
Commissioner Plummer: OK. The only question... the reason I'm asking, Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: It's my long contention that in this City we are over facilitated. The
only City facility that's not is the Sports Authority - I'm sorry, the Arena. Everything else is in
fact required subsidy from the City. So all I'm saying to you is...
Mr. Cesar Odio (City Manager): The Orange Bowl does not.
Commissioner Plummer: ...Well, I'm saying, I'm not talking... I'm talking about the Knight
Center, Dinner Key Auditorium, the Artime Center, all of those require...
Mr. Odio: The Dinner Key doesn't need...
Commissioner Plummer: Rob Peter to pay Paul. Thank you, Mr. Pajares.
Mayor Clark: Thank you, call the roll.
AN ORDINANCE
AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE RATE SCHEDULE FOR
THE USE AND OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE
FURNISHED IN CONNECTION WITH THE MIAMI CONVENTION CENTER;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
ill
May 5, 1994
Was introduced by Commissioner De Yurre 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.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
-------------------------------------------------------------------------------------------------------------------
46. CLASSIFY ONE CITY OF MIAMI VEHICLE AS CATEGORY "A" SURPLUS
STOCK, SHOULD SUCH VEHICLE BECOME AVAILABLE -- STIPULATE THAT,
WHEN AVAILABLE, SAID VEHICLE SHALL BE DONATED TO THE RAINBOW
VILLAGE / TOWNPARK RESIDENT ASSOCIATION, INC. (See labels 52 &64)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, the next item 45, this is a resolution asking the City to donate a surplus City
vehicle...
Commissioner Plummer: Move it.
Mayor Clark: ...to the Rainbow Village Overtown Park West Residents Association should it
become available within the next year. The Residents' Association wrote to me and asked about
this, and I think this is a good idea. J.L. moves it, I second it. All in favor...
Commissioner Gort: Under discussion.
Mayor Clark: Yeah.
Commissioner Gort: Under discussion. I don't have any problem, I am going to vote for this.
But, at the same time, I know we are going to have a request from some of the Model City
individuals concerned with the crime prevention group, they would like to also be considered in
the future.
Mayor Clark: Yeah. All right.
Commissioner Gort: OK.
Mayor Clark: Cast a unanimous ballot on that...
Commissioner Plummer: Just remember. Just remember, and it must be stressed to these
people, that the City accepts absolutely zero liability as far as carbon monoxide, or any other
thing. They accept it as is.
Mr. Ron Williams (Assistant City Manager): That's very clear, Commissioner Plummer, in the
transfer document.
112 May 5, 1994
Commissioner Plummer: OK.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-333
A RESOLUTION CLASSIFYING ONE (1) CITY OF MIAMI VEHICLE AS
CATEGORY "A" SURPLUS STOCK, SHOULD SUCH VEHICLE BECOME
AVAILABLE; FURTHER STIPULATING THAT, IN SUCH CASE, SAID
VEHICLE SHALL BE DONATED TO THE RAINBOW VILLAGE/TOWNPARK
RESIDENT ASSOCIATION, INC. ("ASSOCIATION"), SUCH DONATION TO
BE VALID AND EFFECTIVE BETWEEN MAY 5, 1994 AND MAY 4, 1995,
UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS;
SAID VEHICLE TO PROVIDE MUCH NEEDED TRANSPORTATION FOR THE
RESIDENTS OF THE DEVELOPMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
-------------------------------------------------------------------------------------------------------------------
47. REQUEST THE ORGANIZATION OF AMERICAN STATES TO RELOCATE ITS
HEADQUARTERS TO DADE COUNTY --PREFERABLY THE CITY OF MIAMI.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Forty-six is a resolution I had put on to support the request of the Organization of
American States, concerning the relocation of. headquarters from Washington to Miami. I think
it's very appropriate. Hawkins and Ferre have been working on this for some time. Can I get a
motion on that?
Commissioner Plummer: On 46?
Commissioner Gort: Move it. I think it's a great idea.
Commissioner Plummer: I think definitely, second.
Mayor Clark: Cast a unanimous ballot, Madam.
Commissioner Plummer: Well, I would hope that, Mr. Mayor, that Mr. De Yurre through the
International Trade Board, would be working very, very closely, and Mr. Gort, through the DDA
113 May 5, 1994
yo
(Downtown Development Authority), because I think that both of those committees would be
very vital in bringing this about.
Mayor Clark: Very good.
Commissioner Gort: We'll get together.
Mayor Clark: And I'm going to be watching, De Yurre, very close. I'll be right on his coat-
tails. So that's the resolution we passed in there, Madam Clerk.
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
F.;
RESOLUTION NO.94-334
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE
E` ORGANIZATION OF AMERICAN STATES TO RELOCATE ITS
HEADQUARTERS TO DADE COUNTY; FLORIDA, AND PREFERABLY THE
CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(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: None.
ABSENT: Vice Mayor Miller J. Dawkins
-------------------------------------------------------------------------------------------------------------
4'
48. EXECUTE AGREEMENT WITH SYLVESTER A. LUKIS -- FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY.
---------------------------------------------------------------------------------------------------------------- 4
Mayor Clark: Item 47.
f. .
Commissioner Plummer: Move it.
' Mayor Clark: Yes, sir. Any objection? Hearing none. Call the roll.
114 May 5, 1994
N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-335
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI; ALLOCATING
FUNDS THEREFOR FROM THE LEGISLATIVE LIAISON GENERAL FUND,
IN AN AMOUNT NOT TO EXCEED $49,950 FOR SAID SERVICES, AND AN
ADDITIONAL AMOUNT NOT TO EXCEED $7,500 FOR REIMBURSABLE
EXPENSES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
A. Quinn Jones III, Esq. (City Attorney): Forty -seven -A.
Commissioner Plummer: Forty -seven -A is withdrawn.
Mr. Cesar Odio (City Manager): Forty -seven -A has been withdrawn.
-------------------------------------------------------------------------------------------------------------------
49. EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY -- TO ASSIST
WITH RENOVATIONS OF A BUILDING AT 5555 BISCAYNE BOULEVARD --
FOR USE BY THE ASSOCIATION FOR RETARDED CITIZENS -- ALLOCATE
$100,000 FROM CDBG FUNDS -- CITY ATTORNEY DIRECTED TO INCLUDE
REVERTER CLAUSE AND PROVISOS.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Forty-eight.
Commissioner Plummer: Forty-eight, what is this building, Frank? Fifty-fifth in the Boulevard.
Mr. Frank Castaneda: It's...
Commissioner Plummer: The old tire company?
115
May 5, 1994
Mr. Castaneda: I'm sorry?
Commissioner Plummer: Is it the old General Tire?
Mr. Castaneda: No. I really...
Commissioner Gort: No, it's across the street, it's further down.
Mr. Castaneda: No, this is about a four-story building.
Commissioner Plummer: Well, why... I don't understand. Who's running this?
Commissioner Gort: It's a nonprofit...
Commissioner Plummer: Is this a social?
Mr. Castaneda: This is a non -for -profit, this is an association for retarded citizens.
Mayor Clark: What do you want to do with the building, Frank?
Mr. Castaneda: We are going to renovate the building. The people in Biscayne Boulevard are
very much for it. The Biscayne Chamber is for it. It's a way of improving the Boulevard, and
the County...
Commissioner Plummer: All right, well...
Mr. Castaneda: ...will put in $200,000.
Commissioner Plummer: ...that's not my problem. If we are putting up $100,000, if this
organization goes out or vacates the building, I would want a reverter clause that the building
becomes the property of the City of Miami.
Mr. Castaneda: We will put a mortgage on it as we always do.
Commissioner Plummer: No, not a mortgage. Mortgage plus a reverter. OK.
Mr. Castaneda: Mortgage plus a reverter.
Commissioner Plummer: That if it's ever vacated, that the City of Miami gets the building and
the property.
Commissioner Gort: What... excuse me, J.L.
Commissioner Plummer: Yeah.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir. Go ahead, Willy.
Commissioner Gort: Why the whole building?
Mr. Castaneda: Yeah.
Commissioner Gort: Why not just the money we put?
116 May 5, 1994
A
U
Commissioner Plummer: Well, OK. Or just the $100,000 back from the City plus our interest.
Commissioner Gort: OK. Right.
Commissioner Plummer: That's fine.
Mr. Castaneda: That's fine.
Mayor Clark: A motion to that effect, Mr. Plummer?
Commissioner Plummer: No problem. It's very good, sir.
Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-336
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METROPOLITAN DADE COUNTY FOR THE
PURPOSE OF ASSISTING WITH THE RENOVATION OF A BUILDING
LOCATED AT 5555 BISCAYNE BOULEVARD, MIAMI, FLORID& FOR USE
BY THE ASSOCIATION FOR RETARDED CITIZENS; ALLOCATING FUNDS
THEREFOR, IN AN
AMOUNT NOT TO EXCEED $100,000, FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
117
May 5, 1994
Ow
50. EXECUTE CONTRACT WITH AIR MARIN (A GERMAN TOUR COMPANY) TO
PROMOTE TOURISM FOR MIAMI DURING THE SOCCER WORLD
CHAMPIONSHIPS (JUNE 17 - JULY 17,1994) -- ALLOCATE $40,000.
rS ...................................................................................................................
Mayor Clark: Where are we now?
Vice Mayor Dawkins: Forty-nine.
Commissioner Plummer: Forty-nine, I think it's great. Mr. Mayor, let me tell you something,
the last soccer match we had here in this community was beamed back to Germany, live. And if
there is any one place I think we need help, I think this is money well spent.
Mr. Cesar Odio (City Manager): This came in because I know the Herald was asking yesterday
that we had no... this came about because on the trip to Germany, when we met with the
wholesalers...
Mayor Clark: That's right.
Mr. Odio: ...who insisted that we must advertise. And we got... we were lucky that Air Marin
was there in that lunch. And they committed to do this. They are putting their own money up.
'n
We are only putting a small share. We will be seen... Miami will be mentioned every day for 25
days in every world cup game that is televised in Europe. In Europe!
Mayor Clark: That's a lot, a lot of people watching that. OK.
Commissioner Plummer: Yeah. It's just the idea, though.
Commissioner Gort: Move it.
Commissioner Plummer: Mr. Manager, I second it. You know, this is an absolute... in my
estimation, where the money should come from is the Greater Miami Tourism and Convention
Bureau.
Mr. Odio: But we didn't have time...
Commissioner Plummer: I got to put that on the record.
Mayor Clark: We've done that.
Commissioner Plummer: They've got $12 million dollars for these kind of activities, and I'm
just... I have to say that it's unfortunate...
Mayor Clark: Very.
Commissioner Plummer: ... that they don't feel that this thing is important.
Mayor Clark: Well, that...
Commissioner Plummer: Obviously, they are not funding it.
118
May 5,1994
Mayor Clark: I think you've got an amen from everybody up here. And I started the whole
damn thing to tell you truth. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-337
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
AIR MARIN, A GERMAN TOUR COMPANY, TO PROMOTE TOURISM FOR
MIAMI DURING THE SOCCER WORLD CHAMPIONSHIPS TO BE HELD
JUNE 17 THROUGH JULY 17, 1994; ALLOCATING FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $40,000 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 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.
-------------------------------------------------------------------------------------------------------------------
51. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
APPROVE FY 1993-94 BUDGET FOR SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT TAX INCREMENT TRUST FUND.
Mayor Clark: All right. Next item, item 50.
Mr. Cesar Odio (City Manager): This is the budget for the Southeast Overtown tax increment
trust fund.
Mayor Clark: Fifty?
Mr.Odio: Fifty.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: I'll second it. Let me ask this question. Mr. Mayor, you and I both
have had conversations with Chairman Teele. I have forwarded to you, Mr. Manager, and to the
City Attorney, about the possibility of this board, our Commission, adopting a board that would
be made up of City, County, and State, may I inquire as to where that is?
119 May 5, 1994
Mr. Odio: That is where it started with Commissioner Teele. We have not prepared a staff
recommendation. It will be subject... It's a policy decision, really, for the City Commission to
make.
Commissioner Plummer: OK. I would hope that, Mr. Manager, that the problem that we've had
is no money. You know, we are being criticized for not doing anything, and it's because of no
money.
Mayor Clark: I have a letter from Teele on this, J.L...
Commissioner Plummer: Yes, sir.
Mayor Clark: ...proposal, and there's a lot of questions I'd like to... Now, we'll get together,
we'll try to settle those things up.
Commissioner Plummer: I concur with you, Mr. Mayor.
Mayor Clark: And you'll privy to all of it.
Commissioner Plummer: Well, the first step has to be taken.
Mayor Clark: Yes. All right. Let's handle that.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: No roil call was taken on this agenda
Item at this time. (See -corroborating comment by Mayor Clark at
the beginning of Label 53 clarifying for the record that agenda item
50 had not yet been passed).
-------------------------------------------------------------------------------------------------------------------
52. (Continued) CLARIFYING COMMENTS BY COMMISSIONER GORT
CONCERNING MODEL CITY'S REQUEST FOR SURPLUS CAR DONATION. (See
label 46)
-------=-----------------------------------------------------------------------------------------------------------
Mayor Clark; OK. Next item here.
Commissioner Gort: Mr. Mayor, before we go into the next item, I'd like to say, for the record,
the individuals that need to use that surplus car. It is crime prevention and council of the City of
Miami Model City Subcouncil, and the request was with Thelbert Johnakin.
Commissioner Plummer: Johnakin.
Mayor Clark: All right.
Commissioner Gort: OK.
120 May 5, 1994
Mayor Clark: Very good.
Commissioner Gort: Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
...................................................... -------------------------------------------------------------
53. ACCEPT CITY MANAGER'S RECOMMENDATION AND AUTHORIZE
EXECUTION OF ARTICLE 21 (WAGES), ARTICLE 28 (GROUP INSURANCE),
ARTICLE 31 (SICK LEAVE), AND A NEW ARTICLE ON RESIDENCY --
INCORPORATE INTO COLLECTIVE BARGAINING AGREEMENT WITH THE
SANITATION EMPLOYEES' ASSOCIATION (OCTOBER 1, 1991 - SEPTEMBER
30, 1994).
Mayor Clark: Item number 50, did we get that passed? - Not yet. Item number 51.
Vice Mayor Dawkins: Fifty-one.
Mayor Clark: Collective bargaining.
Mr. Cesar Odio (City Manager): This is concluding the SEA (Sanitation Employees'
Association) contract for this year where they accept the residency requirement.
Mayor Clark: And you recommend it. That's good.
Mr. Odio: We are recommending this.
Commissioner Plummer: Move it.
Mayor Clark: Moved by Dawkins.
A. Quinn Jones III, Esq. (City Attorney): Just a correction.
Commissioner Plummer: Second.
Mr. Jones: For the record, it should read, "This resolution does not affect the existing labor
agreement."
Mayor Clark: All right. Do you move that, Mr. Dawkins?
Commissioner Gort: Second.
Mayor Clark: Seconded by Mr. Gort. All in favor signify by saying "Aye", opposed like sign.
So ordered.
121 May 5, 1994
2-
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-338
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY
MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE "ARTICLE 21, WAGES", "ARTICLE 28, GROUP
INSURANCE", "ARTICLE 31, SICK LEAVE" AND A NEW ARTICLE ON
RESIDENCY, OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE SANITATION EMPLOYEES ASSOCIATION,
FOR THE PERIOD OF OCTOBER 1, 1991 THROUGH SEPTEMBER 30, 1994,
UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLES 21, 28, 31
AND THE NEW ARTICLE ON RESIDENCY, ATTACHED, WHICH ARE
INCORPORATED BY REFERENCE INTO SAID COLLECTIVE BARGAINING
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-------------------------------------------------------------------------------------------------------------------
54. RESCIND PREVIOUS AWARD TO SOUTHLAND EQUIPMENT CORPORATION
FOR FURNISHING TEN 25 YARD REFUSE PACKERS (FOR FAILURE TO
SATISFACTORILY PERFORM IN ACCORDANCE WITH TERMS / CONDITIONS
SPECIFIED IN BID NO. 92-93-104) -- APPROVE AWARD OF SAID RESCINDED
CONTRACT TO METRO -TECH EQUIPMENT CORPORATION (SECOND LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER) -- FOR DEPARTMENT OF GSA &
SOLID WASTE / FLEET DIVISION.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 52.
Commissioner Plummer: Fifty-two.
Vice Mayor Dawkins: Fifty-two, Mr. Mayor.
Commissioner Gort: Heavy equipment.
Mayor Clark: Heavy equipment, what do we need there, Buddy?
122 May 5, 1994
I f"') e
Commissioner Plummer: My only question here on this one, Mr. Mayor... Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: If we are successful in going to the Bedminster, where they will be
able to take one truck down the street and collect all three items, will these trucks complement
that system?
Mr. Odio: Absolutely.
Commissioner Plummer: OK. So, in other words, we can take recycables, garbage, and trash in
these...
Mr. Odio: And dump it in their site.
Commissioner Plummer: ... to that kind of scenario?
is
Mr. Odio: Yes.
Commissioner Plummer: OK. That's all I want to know.
t
Mr. Odio: The problem with this is that they... we had to rescind this award because they didn't
provide what we wanted, so.
Commissioner Plummer: OK.
Mayor Clark: Further discussion?
Ms. Matty Hirai (City Clerk): I need a motion, Mr. Mayor.
Mayor Clark: All in favor signify by saying "Aye," opposed...
Commissioner Plummer: Aye.
123 May 5, 1994
N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-339
A RESOLUTION RESCINDING THE PREVIOUS AWARD TO SOUTHLAND
EQUIPMENT CORPORATION FOR THE FURNISHING OF TEN (10) 25 YARD
REFUSE PACKERS FOR FAILURE TO SATISFACTORILY PERFORM IN
ACCORDANCE WITH THE TERMS AND CONDITIONS SPECIFIED IN BID
NO. 92-93-104 AND APPROVED PURSUANT TO RESOLUTION NO. 93-683;
AUTHORIZING AND APPROVING THE AWARD OF SAID RESCINDED
CONTRACT TO THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER, METRO -TECH EQUIPMENT CORPORATION, AT A TOTAL
PROPOSED AMOUNT OF $246,800.00, SAID EQUIPMENT FOR THE
DEPARTMENT OF GENERAL SERVICES AND SOLID WASTE/FLEET
MANAGEMENT DIVISION, TO BE ACQUIRED THROUGH A 36-MONTH
LEASE PURCHASE PLAN OFFERED BY A FINANCIAL INSTITUTION;
ALLOCATING FUNDS THEREFOR FROM THE 1993-94 OPERATING
BUDGET, FLEET MANAGEMENT DIVISION ACCOUNT CODE NO. 420901-
880; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
EQUIPMENT.
(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.
-------------------------------------------------------------------------------------------------------------------
55. DISCUSS AND TEMPORARILY DEFER CONSIDERATION OF PROPOSED
RESOLUTION TO APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF
PROTEST BY D.M. CONSTRUCTION OF SOUTH FLORIDA, INC., FOR LOCAL
DRAINAGE, PROJECT E-70 (BID NO. 93-94-080), TO GIVE COUNSEL
OPPORTUNITY TO REGISTER AS A LOBBYIST. (See label 62).
Mayor Clark: Item 53. Protest of local drainage project.
Commissioner Plummer: Move it.
Mayor Clark: Somebody here on that? Yes, sir.
124
May 5, 1994
Mr. Ronald Gilbert: Yes, your honor...
Vice Mayor Dawkins: Second.
Mr. Gilbert: ...I'm Ronald Gilbert, Attorney for D.M. Construction who was a low bidder on
this...
Unidentified Speaker: We can't hear.
Vice Mayor Dawkins: Pull the mike up to you, sir. Pull the mike to you.
Mr. Gilbert: I'm sorry. I'm Ronald Gilbert. I'm an attorney for D.M. Construction who was the
low bidder. We submitted a valid bid. I've noticed that the Commission has been interested in
the economics of this matter. To reject a valid low bid...
Commissioner Plummer: Sir, are you a lawyer?
Mr. Gilbert: Yes.
Commissioner Plummer: Are you being paid a fee?
Mr. Gilbert: Yes.
Commissioner Plummer: Have you registered as a lobbyist?
Mr. Gilbert: No, I have not.
Commissioner Plummer: We'll be glad to take your check, sir, for $1.50. You have to register to
be a lobbyist. We cannot hear you until such time unless you are pro bono.
Mr. Gilbert: No, I'm not pro bono.
Commissioner Plummer: Then you have to register as a lobbyist.
Mr. Gilbert: Yes.
Commissioner Plummer: And when you do such, IRS (Internal Revenue Service) will love you
even more.
[AT THIS POINT, THIS ITEM WAS TABLED. SEE LABEL 62.]
125
May 5, 1994
-------------------------------------------------------------------------------------------------------------------
56. AUTHORIZE INCREASE IN FUNDING OF THE ROBBERY TACTICAL DETAIL --
ALLOCATE $48,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
-------------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Let's do 54 while he does that.
Mayor Clark: Yeah. Fifty-four. Resolution increasing allocation to robbery...
Commissioner Plummer: I second it. Commissioner Dawkins moves it.
Vice Mayor Dawkins: I need from Mr. Manager... We told you to spend this $48,000 last year.
Did you spend the 48,000 then. Is this an additional 48,000?
Mr. Cesar Odio (City Manager): This is additional funding, sir.
Vice Mayor Dawkins: This is additional...
Mr. Odio: This is additional funding that you requested. This is additional.
Vice Mayor Dawkins: Additional?
' Mr. Odio: Yes, sir. You asked for more, we added 48,000.
Vice Mayor Dawkins: And we are adding 48 more.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: OK.
Mayor Clark: Motion and a second. With no exception, cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-340
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING OF THE
ROBBERY TACTICAL DETAIL AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $48,000, FROM THE LAW ENFORCEMENT
TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE
CHAPTER 932.7056, AND BEING SUBJECT TO APPLICABLE CITY CODE
PROCUREMENT PROVISION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
126 May 5, 1994
r�
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.
-------------------------------------------------------------------------------------------------------------------
57. DISCUSS AND DEFER TO NEXT MEETING FOR FURTHER INFORMATION
PROPOSED RESOLUTION TO PURCHASE OFFICE FURNITURE (UNDER
EXISTING DADE COUNTY BID NO. 1072-1/95) FROM CAMILO FURNITURE FOR
POLICE DEPARTMENT.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: We are on 55. Furniture.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second? Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: Where is this going to? I move it.
Mr. Cesar Odio (City Manager): To the Police Station, sir.
Vice Mayor Dawkins: What station?
Commissioner Plummer: In the penthouse.
Mr. Odio: It's in the... excuse me. Do you want to explain it? It goes into all the stations.
Vice Mayor Dawkins: Beg your pardon? All right, what portion goes to what station?
Mr. Odio: I have to break that down, Commissioner.
Vice Mayor Dawkins: All right, I'll defer this until the next meeting until they tell me where
each piece of furniture is going.
Commissioner Plummer: Second.
Mr. Odio: OK.
Mayor Clark: All right, it's been deferred.
Mr. Odio: It's all chairs.
127 May 5, 1994
Mayor Clark: Mr. Manager. Mr. Manager, please. The Police Station down at 5th Street, and
2nd Avenue, we've got - I don't know who has that steam cleaner - but we have to clean those
walls up there. That is the dirties thing I ever saw in my life. You pull around that corner,
somebody foot finished that concrete with just a mop, and it wasn't slick at all. And now that
the mold is growing in there so bad that it looks like the wall... It looked better with graffiti.
Mr. Odio: Commissioner, may I... I will go ahead and send the steam cleaner over but...
Mayor Clark: Clean that wall up, and clean that sidewalk up around there. I mean it's just...
Mr. Odio: May I ask Commissioner Dawkins to go ahead and allow us to put the purchase order
out, and I will bring the list to you where they are. ' And if you are not satisfied, I will hold it.
Vice Mayor Dawkins: Beg your pardon?
Mayor Clark: On this item.
Mr. Odio: You approve this, and we bring the list to you tomorrow, if you are not satisfied, I
won't sent it out. But... we... they have no chairs.
Vice Mayor Dawkins: Yeah, but you see, there is a station...
Mr. Odio: These are old chairs.
Vice Mayor Dawkins: ... there is a station that has nothing.
Mr. Odio: That's the Little Model City.
Vice Mayor Dawkins: Beg your pardon?
Mr. Odio: The Little...
Vice Mayor Dawkins: Yeah, but is all of these going there?
Mr. Odio: Not all.
Vice Mayor Dawkins: OK. What position?
Mr. Odio: You have a breakdown.
Vice Mayor Dawkins: Twenty percent of it, 30 percent of it, 40 percent of it, 50 percent of it, 60
percent of it?
Mr. Odio: He can... But it is going to there and the...
Commissioner Plummer: You know...
Vice Mayor Dawkins: Tell me what percentage of the total dollars will be spent there.
Commissioner Plummer: Miller. Miller, how well we remember we told them $5,000,000 and
not a dollar more...
Vice Mayor Dawkins: OK.
128
May 5, 1994
j
i
Mr. Odio: Come on, Commissioners, they are sitting...
Commissioner Plummer: ... for each substation.
Mr. Odio: ...they have not seats, no chair.
Commissioner Plummer: Well, why didn't you buy it in the $5,000,000?
Mayor Clark: All right. Please, please! J.L., I'm trying to beat 110'clock, please.
Vice Mayor Dawkins: Lieutenant, sir.
., Lt. Joseph Longueira: Yes, sir.
I' Vice Mayor Dawkins: What is going, and what... you got three police stations, what percentage
of the money is going to each station? I don't want to know about the equipment.
t' Mayor Clark: Approximately. We don't want the last penny.
ff Lt. Longueira: Sir, for the great majority, almost...
Vice Mayor Dawkins: No, no, no, no. I vote no. No, no.
. Commissioner Plummer: The motion is to defer.
Vice Mayor Dawkins: Give me figures, percentages that I can look at and count. Don't tel me
majority. Majority means...
Mayor Clark: Please, please, please.
Lt. Longueira: Almost 100 percent is going at the main station.
Vice Mayor Dawkins: All right, almost. OK. Almost is 90 to 95, 95 to 96...
Lt. Longueira: Ninety-nine.
Vice Mayor Dawkins:...98 to 99.
Mayor Clark: Please, please.
h
t
Lt. Longueira: Ninety-nine percent is at the main station.
Vice Mayor Dawkins: Main?
Lt. Longueira: Yes.
Vice Mayor Dawkins: All right, so what... Mr. Manager just told me that 62nd Street Station,
now you tell me the main...
Mr. Odio: No...
s Vice Mayor Dawkins: No, wait. See, Mr. Manager, why I'm not passing it?
i:.
129 May 5, 1994
Commissioner Plummer: Are we not on deferral?
Lt. Longueira: Commissioner.
Mayor Clark: This is a deferred item. Come back in two weeks for those items.
Commissioner Plummer: That's it.
THEREUPON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER, ITEM 55 WAS DEFERRED BY THE
FOLLOWING VOTE:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
None.
s ABSENT: None.
--------- -----------------------------------------------------------------------------------------------------
58. AUTHORIZE / PERMIT UNIVERSITY OF MIAMI TO CONSTRUCT / MAINTAIN A
PEDESTRIAN OVERPASS OVER AND ACROSS N.W. 14 STREET APPROX. 253
LINEAR FEET EAST OF THE CENTERLINE OF THE INTERSECTION OF N.W. 12
AVENUE AND N.W. 14 STREET, BETWEEN THE PROFESSIONAL ARTS
CENTER BUILDING AND THE SYLVESTER COMPREHENSIVE CANCER
CENTER / UNIVERSITY OF MIAMI HOSPITAL AND CLINICS BUILDINGS, WITH
PROVISOS.
------------------------------------------------------------------------------------------------------- --
{{ Mayor Clark: How about... what item are we on, 56?
4`
Commissioner Plummer: Fifty-seven, isn't it?
Mayor Clark: Fifty-seven?
Commissioner Plummer: Yeah.
Mayor Clark: Fifty-seven, overpass University of Miami.
Vice Mayor Dawkins: I'll move it, Mr. Mayor. Whatever it is.
Commissioner Plummer: I'll move it with the proviso the Fire Department has already been and
can get all their equipment underneath.
1
Mayor Clark: Cast a unanimous ballot, Madam Clerk, with no exceptions.
130
May 5, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-341
A RESOLUTION AUTHORIZING AND PERMITTING THE UNIVERSITY OF
MIAMI ("UNIVERSITY") TO CONSTRUCT AND MAINTAIN A PEDESTRIAN
OVERPASS OVER AND ACROSS NORTHWEST 14TH STREET
APPROXIMATELY 253 LINEAR FEET EAST OF THE CENTERLINE OF THE
INTERSECTION OF NORTHWEST 12TH AVENUE AND NORTHWEST 14TH
STREET BETWEEN THE PROFESSIONAL ARTS CENTER BUILDING AND
THE SYLVESTER COMPHRENSIVE CANCER CENTER/UNIVERSITY OF
MIAMI HOSPITAL AND CLINICS BUILDINGS WITH MINIMUM
CLEARANCE OF 16'6" FEET ABOVE THE CROWN OF NORTHWEST 14TH
STREET, CONDITIONED UPON THE UNIVERSITY EXECUTING AN
AGREEMENT WITH THE CITY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO INDEMNIFY THE CITY; PROVIDING FOR A PROCEDURE
FOR THE REMOVAL OF THE OVERPASS UPON FAILURE OF THE
UNIVERSITY TO MAINTAIN IT; FURTHER, PROVIDING FOR
REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION
OF THE OVERPASS.
(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.
131 May 5, 1994
-------------------------------------------------------------------------------------------------------------------
ff 59. AUTHORIZE CITY MANAGER TO NEGOTIATE / EXECUTE PROFESSIONAL
i SERVICES AGREEMENT WITH: (a) CARR SMITH ASSOCIATES, INC., (b) DAVID
PLUMMER & ASSOCIATES, INC., AND/OR (c) FREDERIC R. HARRIS, INC. --
FOR PROFESSIONAL SERVICES RELATED TO THE BISCAYNE BOULEVARD
NEW WORLD DESIGN (BURLS-MARX) PROJECT -- ALLOCATE FUNDS FROM
CIP 341172.
Mayor Clark: Now, we've got item number 58.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: Fifty-eight.
Mr. Odio: This is on Burle-Marx, and...
Commissioner Plummer: Yes, sir.
Mr. Odio: we've been notified by the State we must approve this so that we... or we will lose
the grant of $2.4 million dollars that is coming out from the Federal government.
Commissioner Plummer: Is this...?
Mayor Clark: Moved by Dawkins, seconded by Plummer.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: All in favor signify by saying "Aye," Madam Clerk. With no exception, cast a
unanimous ballot.
Mr. Jones: Mr. Mayor.
Mayor Clark: What is that?
Mr. Jones: Just for the record so that we'll have this on the record that the Manager did make a
finding of an emergency which will justify the action that you just took on that item.
Mayor Clark: Very good.
Commissioner Plummer: On Burle-Marx?
Mr. Jones: Yes.
Mayor Clark: Yeah.
Mr. Odio: We will lose...
Commissioner Plummer: That has been about four or five years, and it's now an emergency?
Mr. Odio: We were notified this week. We were notified this week.
132
A
May 5, 1994
Mayor Clark: Please, please.
Vice Mayor Dawkins: We are going to lose the money, that's all.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-342
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5TH OF THE MEMBERS
OF THE CITY COMMISSION WAIVING FORMAL COMPETITIVE
NEGOTIATIONS FOR THE PROCUREMENT OF
ARCHITECTURAL/ENGINEERING SERVICES TO BE PERFORMED FOR THE
BISCAYNE BOULEVARD NEW WORLD DESIGN (BURLE MARX) PROJECT;
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR
SAID SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM(S) OF CARR
SMITH ASSOCIATES, INC., DAVID PLUMMER & ASSOCIATES, INC.
AND/OR FREDERICK R. HARRIS INC. FOR PROFESSIONAL SERVICES
RELATED TO THE BISCAYNE BOULEVARD NEW WORLD DESIGN
(BURLE-MARX) PROJECT; AND ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 341172, AS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 11139.
(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.
133 May 5, 1994
4Ia
r.�r.r.r..rr-...rr.r......w.wrrr-.r..wrrwrr....................r...rww.r....--..... r...rr....rrr...r
60. AUTHORIZE CITY MANAGER TO SUBMIT PROPOSAL FOR FY 1995
STORMWATER MANAGEMENT PARTNERSHIP PROGRAM COOPERATIVE
COST -SHARE AGREEMENTS, IN THE AMOUNT OF $1,250,000, TO THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT -- FOR RETROFITTING STORM
SEWERS IN WAGNER CREEK AND LITTLE RIVER DRAINAGE BASINS.
Mayor Clark: Item number 59. Recommended resolution...
Commissioner Plummer: Move it.
Mr. Cesar Odio (City Manager): This is a matching grant.
Mayor Clark: Is there a second?
Commissioner Gort: Second it.
Mayor Clark: With no exceptions, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-343
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A
PROPOSAL FOR FISCAL YEAR 1995 STORMWATER MANAGEMENT
PARTNERSHIP PROGRAM COOPERATIVE COST -SHARE AGREEMENTS, IN
THE AMOUNT OF $1,250,000, TO THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR THE RETROFITTING OF STORM SEWERS
IN THE WAGNER CREEK AND LITTLE RIVER DRAINAGE BASINS IN THE
CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
134
May 5, 1994
--------------................. -.................... -............ -......... -....... -.... _................ _.........
61. (A) DISCUSSION CONCERNING STRONG OPPOSITION BY RESIDENTS FROM
THE MODEL CITY AREA TO ONGOING CONSTRUCTION AND PROPOSED
ERECTION OF A NEW BELL SOUTH MOBILITY TELECOMMUNICATIONS
ANTENNA IN THEIR NEIGHBORHOOD. (See labels 66, 75. See also, related
afternoon informal meeting with residents of Model City area concerning said issue.)
(B)BRIEF COMMENTS CONCERNING REQUEST FOR STREET CLOSURE IN
CONNECTION WITH THE OPENING OF PLANET HOLLYWOOD (MAY 15,
1994). (See label 72)
Commissioner Gort: We've got to go back to this...
Vice Mayor Dawkins: Mr. Mayor, at 2 o'clock, some people are coming down here for the
antenna on 7th Avenue. They'll be here at 2 o'clock. Nobody knew we were going to finish, so
we need to decide, you know, what we are going to do for that.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Well, what is the big discussion about?
Vice Mayor Dawkins: Mr. Mayor, will you tell him. Mr. Manager, will you tell the Mayor. I'm
sorry. Go ahead, Commissioner Gort.
Mr. Cesar Odio (City Manager): I will do this, I will recommend - strongly recommend - that
we stop the construction, and the installation of the antenna in that location. My people tell me
that, in fact, it will hurt...
Vice Mayor Dawkins: The residents and anybody else who passes by.
Mr. Odio: And we should, in fact, check any other antennas that may be of the same type.
Mayor Clark: Well, you've got the authority to do that as a Manager with your department.
Mr. Odio: Yes, sir. I'm going to do that. But we are trying... I told Sergio Rodriguez yesterday
to try to stop...
Mayor Clark: Who's the applicant?
Mr. Odio: ...the erection of that antenna.
Vice Mayor Dawkins: The residents. Wait a minute.
Commissioner Gort: Mr. Mayor, I, myself, I have a problem also. My understanding is that I'm
to bring here a pocket item that needs to do with the Planet Hollywood. And I wanted people to
be notified and have ample time to be here. So I'd like to bring it back at 2 o'clock.
Commissioner Plummer: I need my emergency item.
Commissioner De Yurre: Well, we are not coming back this afternoon. There is nothing else to
come back for.
135 May 5, 1994
Commissioner Plummer: Mr. Jones, I need my emergency item.
Mayor Clark: Today? Nobody is coming back.
Commissioner De Yurre: We are not coming back.
A. Quinn Jones III, Esq. (City Attorney): I have it. All I need is...
Commissioner De Yurre: Now what...
Vice Mayor Dawkins: OK. You all may not come back, but Vic, I'm coming back because we
told them at the last meeting to meet with the Manager, and come back at this meeting. OK.
Mayor Clark: I wasn't here.
Vice Mayor Dawkins: No, I know you weren't. See, but that's what we told them.
Mr. Odio: We met, and I agreed with them. And my staff tells me it will hurt people. And we
have to stop this antenna from going up.
Mayor Clark: Who was putting this antenna up?
Vice Mayor Dawkins: South Mobility.
Mr. Odio: BellSouth Mobility.
Vice Mayor Dawkins: Bell South Mobility.
Mr. Odio: I think they should be a good citizen, and withdraw their request. If not, we should
use public health.
Commissioner Plummer: Well...
Commissioner De Yurre: Mr. Mayor, if you allow me, I'll talk with Steve Helfman, the attorney
representing them. And, in fact, we spoke about it already. And I think they would be in a
position to go ahead and not do it. So, I'll give them a call now, and see if we get some
resolutions before 2 o'clock. And that will take care of that matter.
Mayor Clark: I won't be here at 2 o'clock.
Commissioner Plummer: We are not coming back.
Commissioner De Yurre: We are not. What I'm saying just so that when they...
Vice Mayor Dawkins: I am.
Commissioner De Yurre: ... if those people do come...
Vice Mayor Dawkins: I am because we told the people to come back, and they got two bus
loads of people coming down here. So you all...
Commissioner Plummer: Well, can you call them and tell them that what they need is already
been taken care of?
136 May S, 1994
Vice Mayor Dawkins: No, you call them.
Commissioner Plummer: No, I don't know how. I mean...
Vice Mayor Dawkins: OK. Well, what do you want from me?
Commissioner Plummer: Well, you knew of the buses.
Vice Mayor Dawkins: Yeah, I'll pay for the buses.
Commissioner Plummer: Go get your battleship.
Vice Mayor Dawkins: OK. No problem. OK. But I will be here. Me and Mr. Gort will be
here.
Commissioner Plummer: OK. No, I'll come back if it's necessary.
Commissioner De Yurre: You guys can be here, I'll take care of it before, and then that will be
that.
Commissioner Plummer: Well, my concern happens to be what about all the rest of the
antennas? That's...
Mr. Odio: We need to review that.
Commissioner Gort: We need to check the City ordinance.
Vice Mayor Dawkins: That's why we need to discuss it when we get here. And, Mr. Mayor...
Commissioner Plummer: You believe it.
Vice Mayor Dawkins: ...Mr. Manager, through the Mayor to the Manager, through the Mayor to
the Manager...
Mayor Clark: Mr. Manager.
Vice Mayor Dawkins: ...will you have somebody from Bell South Mobility here to talk to all of
us?
Mr. Odio: At 2 O'clock today?
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: Yes, I'll try to find someone.
Vice Mayor Dawkins: OK. All right. Thank you, sir..
Mayor Clark: All right, let's go back to this item we deferred.
137 May 5, 1994
Mr. Cesar Odio (City Manager): Are we reconvening at 2:00, or just informal?
Vice Mayor Dawkins: Two -thirty.
Mayor Clark: They are going to be here, but I won't be here. I don't think you'll have a
quorum.
Mr. Odio: OK. It'll be an informal meeting with them.
Vice Mayor Dawkins: No, if there is no - listen - if there is no quorum, if I'm here alone, just
me and Mr. Gort is here...
Mr. Odio: I'll be here.
Vice Mayor Dawkins: We just got two people listening. That's all.
Mayor Clark: There'll be a record of this.
------------------------------------------------------------- -----------------------------------------------------
62. (continued) DISCUSS AND DEFER PROPOSED RESOLUTION TO APPROVE
CHIEF PROCUREMENT OFFICER'S REJECTION OF PROTEST BY D.M.
CONSTRUCTION OF SOUTH FLORIDA, INC. -- DIRECT CITY ATTORNEY TO
ISSUE LEGAL OPINION AS TO WHETHER THERE PRESENTLY EXISTS A
LEGAL REQUIREMENT THAT BUILDING AND GENERAL CONTRACTORS
+ MUST BE LICENSED AS ENGINEERING CONTRACTORS IN ORDER TO BID ON
CITY LOCAL STORM -DRAINAGE PROJECTS. (See label 35)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Yes, sir.
Mr. Ronald Gilbert: Yes.
Mayor Clark: You are registered?
Mr. Gilbert: Yes.
Mayor Clark: All right, fine. Now, what is your big contention about the bid?
Mr. Gilbert: Our contention is that it was submitted as required, and they are a valid bid. The
provisions of section 10-11), and three building contractors of the Dade County Code say that the
building contractor, a general contractor, may do contract for and take out permits for
engineering. There was no specific requirement that they be engineering contractors. They are
able to do the work, I've got... even Dade County, when they have submitted bids, or requested
bids, say that general engineering, or general building contractor. My clients are licensed, State
licensed, general contractors... and they have the right to do the work, and the ability to do the
work. They are the low bidders, and they should not be denied this contract. And your honor
should...
Mayor Clark: Why were they denied? Fifty-four I think. Wasn't it item 54?
Mr. Gilbert: Fifty-three.
138 May 5, 1994
-three.
Mayor Clark: Fifty
Mr. Gilbert: You should...
Mayor Clark: Ron, you've got some answer to this?
Mr. Ron Williams (Assistant City Manager): Yes, Mr. Mayor. We have before you a
recommendation that their protest be rejected based on the grounds that an engineering
contractor's license is required for this work. And...
Mayor Clark: What is the work?
Mr. Williams: Let me have Public Works tell you.
Mr. Jim Kay: It's all work within the public right -of -way -storm -drain pipes, catch basin,
? manhole, paving, curbing, it's...
s Mayor Clark: Did the bid specify that they had to be an engineering contractor?
Mr: Kay: We made reference to the requirements of Metropolitan Dade County for the proper
licensing which...
Mayor Clark: Did Metropolitan Dade County demand an engineering contractor to do this?
1 Mr. Kay: Yes, sir, they do.
Mr. Williams: Yes.
Mr. Gilbert: No, they do not.
Mayor Clark: Mr. Attorney, it's a legal issue, now you...
A. Quinn Jones III, Esq. (City Attorney): As far as I'm advised, yes, they do.
f:
Mayor Clark: If this is the law...
`,. Unidentified Speaker: Where does it say it?
Mr. Gilbert: No, not in the ode.
Mayor Clark: Sir?
Mr. Gilbert: It's not... that's not what the Code says.
Mayor Clark: Well.
Unidentified Speaker: It's not in the bid request.
. Mr. Gilbert: And it's not in the bid request.
{ Mayor Clark: Maybe. I don't know. I can't tell you that, but I know I'm a general contractor,
but I'm not qualified to put in sewer pipe.
Mr. Williams: Mr. Mayor, our rejection is based on the fact that - I think it's Chapter 10 of the
Dade County Building Code, 10-1, that specifically requires an engineering contractor's license
for this work - this vendor submitted their bid without having such a license, and therefore, it
was deemed by the Department to be non -responsive.
Mayor Clark: Non -responsive. I don't know what we could do.
Mr. Gilbert: Can I submit to your honor, again, the low bidder... that they would save the City
money. Under 10-2 of the Dade County Code that Counsel has cited, it says, "A general
contractor may do contract for, and take out permits for the work of a general engineering
contractor." To me that has only one meaning. That they can do general engineering contractor
work.
Mayor Clark: Well, what you better do... How big is the job?
Mr. Kay: It was... I'll have to look back at my notes.
Mr. Gilbert: Four hundred and thirty thousand dollars.
Mr. Williams: Four hundred thousand dollars.
t Mayor Clark: How much?
F
Mr. Gilbert: Four hundred and thirty thousand dollars.
Mayor Clark: You better get some legal opinions here before you stick your neck out and get
chopped off. Why don't you let us look into that? Not guaranteeing you get anything. You
understand?
Mr. Gilbert: I understand. I appreciate that.
Mayor Clark: But let him back himself up with some...
Commissioner Plummer: You are going to defer it?
Vice Mayor Dawkins: Mr. Mayor.
Mayor. Clark: ... heavy law.
Vice Mayor Dawkins. Mr. Mayor, I have something from Commissioner Plummer that was
given to him...
Mayor Clark: We'll get back to you.
Mr. Gilbert: All right.
Commissioner Plummer: Is that the end of the agenda?
Mayor Clark: Yes, sir.
Mr. Jones: Are you deferring the item, Mr. Mayor?
.; Mayor Clark: I, sir?
140 May 5, 1994
Mr. Jones: Are you deferring 537
Mayor Clark: Yeah, we deferred 53 until you give us some more information on what they can
do, and they can't do.
Ms. Matty Hirai (City Clerk): Yes.
THEREUPON THE CITY COMMISSION DEFERRED ACTION
ON THE HEREINABOVE ISSUE AND MAYOR CLARK
DIRECTED THE CITY ATTORNEY TO ISSUE A LEGAL
OPINION AS TO WHETHER THERE IS A LEGAL
REQUIREMENT THAT BUILDING OR GENERAL
CONTRACTORS HAVE TO BE LICENSED AS
ENGINEERING CONTRACTORS TO BID ON A LOCAL
DRAINAGE PROJECT.
-------------------------------------------------------------------------------------------------------------------
63. (Continued) VICE MAYOR DAWKINS REQUESTS OF ADMINISTRATION
INFORMATION CONCERNING BAYFRONT PARK MANAGEMENT TRUST. (See
r-
labels 20 & 30]
:. -------------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: All right, the Mayor... Mr. Plummer gave me a list of items relating to the
Bayfront Park, since you and I became co -chairperson of that. Since we became chairpersons,
one item on it, I mean, I gave a copy to Mr. May for Mr. May to let you review it.
END OF DISCUSSION -- NO ACTION TAKEN
-- --------------------------------------------------------------------------------------
64. (Continued) PERSONAL APPEARANCE: HELEN WHACK, PRESIDENT OF
RAINBOW VILLAGE TOWNPARK GARDEN RESIDENTS' ASSOCIATION -- TO
THANK COMMISSION FOR DONATION OF VEHICLE. (See label 46)
C` - - - - - - ------------------------- - - - - -
Mayor Clark: Yes, ma'am. For the record, give us your name, please.
r Ms. Helen Whack: Yes. Good morning, I'm Helen Whack. I'm president of the Rainbow
Village Townpark Garden Residents' Association. Yeah, I'm here on behalf, I'm here to thank
you very much, OK.
Mayor Clark: You are very welcom.
Ms. Whack: I'm sorry I was late, but I'm here to thank you very much.
{
t Mayor Clark: As soon as it's available we'll give to you, and there will be certain conditions,
i not monitory, but there were certain conditions written into the contract when you accepted.
Ms. Whack: Thank you very much.
Mayor Clark: Thank you very much.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------- --- - -
65. DISCUSS AND TEMPORARILY TABLE REQUEST FOR PERMISSION TO SELL
ALCOHOL AT GOOMBAY FESTIVAL. (See label 67)
-- . --------------------------------------------------------------------------------------------------------------
i;'
Commissioner De Yurre: Mr. Mayor.
} Commissioner Plummer: Are we on pocket?
' Commissioner De Yurre: Well, if I may for a second?
Mayor Clark: What is the pocket? You've got a... Wait a minute. What have you got, Bill?
i Just a second.
4.
Mr. Billy Rolle: This is an item that I sent a letter to the Commissioner, I found out on Tuesday,
from Community Development, from Mrs. Espi, that we had to come down to get approval for
alcoholic beverages, and waivable fees. I thought that would be taken care of by Community
Development, but she said I had to come to you. That's why I sent a letter to you. Just for...
Mayor Clark: Wasn't that taken care of? Was it for one day?
Mr. Rolle: I haven't heard about it.
Mayor Clark: For one day?
Commissioner Plummer: What is it for?
4 Mr. Rolle: That's for Goombay Festival. We do our thing at Community Development Office,
` but then she said I needed to come here, and I didn't know it until Tuesday morning that we met.
Commissioner Plummer: Well, that's not what I saw, Billy. What I saw was more than that.
That you wanted us to waive all of the fees, and all of that, and that can't be done.
Mr. Rolle: I said waivable fee. She told me to ask for that, not anything other than two or three
thousand dollars for the vehicle. We pay the City $60,000 for services, period.
Commissioner Plummer: Well, I won't...
Mr. Rolle: This is the only thing we ask for. We pay Police and Solid Waste.
Mr. Cesar Odio (City Manager): Billy, you were told to come here because he wants to sell
alcoholic beverages, and we told him "no," that I couldn't do that. And I won't approve it.
Mr. Rolle: Nobody ever told me anything other than we sell beer and wine. And they said we
didn't need to come for that.
142 May 5, 1994
Mayor Clark: Well, I'm sorry, Bill. I don't know where it's at.
Commissioner Plummer: Billy, when we say alcohol... Are we playing semantics here? Are we
talking about that they can sell beer, but they can't sell alcohol?
Mr. Frank Castaneda: That's correct.
Vice Mayor Dawkins: What is alcohol?
Mr. Rolle: Right, we say beer and wine, this is, what, beer?
Mr. Castaneda: Beer and wine, we have authority to give you permission to sell beer and wine.
We have no authority for punches and things like that. And that's the problem.
Vice Mayor Dawkins: But...
k Mr. Rolle: But we don't sell punches. We just want the regular thing here.
Vice Mayor Dawkins: What you are saying...
Mayor Clark: Please, please. Now, one at a time. That's all that we can hear.
Vice Mayor Dawkins: What you are saying, Mr. Castaneda, is we can give a permit for
alcoholic beverages with a beer content of 12 percent alcohol and down. Anything above 12
percent, and all, you cannot give a permit. Is that what you are saying?
Commissioner Plummer: Twelve percent and above.
Mr. Castaneda: What I'm saying is that the...
Vice Mayor Dawkins: By volume.
Commissioner Plummer: Above.
Mr. Castaneda: ...City Manager has the authority to approve the sale of beer and wine by
himself. Approval beyond that requires City Commission approval.
Vice Mayor Dawkins: Oh. OK.
Mayor Clark: All right.
Commissioner Plummer: Well, but you are not going to sell anything but beer and wine.
Mr. Rolle: Beer and wine. That's what I'm saying. That's all we are going to sell. We
informed the...
Commissioner Plummer: Then, if that's all you need, then, you don't need approval.
Mr. Rolle: All right. That's all...
Commissioner Plummer: Go away and say no more.
Mayor Clark: OK.
143 May 5, 1994
N
M�
Mr. Rolle: What happened to the waivable fee? Anything you can waive on the equipment?
Mayor Clark: What is your pocket? Please.
Mr. Rolle: This is two or three thousand dollar thing?
Commissioner Plummer: No Cuba Libre.
Mr. Rolle: No, we don't sell that. You just want the...
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
66. (Continued) DISCUSSION CONCERNING STRONG OPPOSITION BY RESIDENTS
FROM THE MODEL CITY AREA TO ONGOING CONSTRUCTION AND
PROPOSED ERECTION OF A NEW BELL SOUTH MOBILITY
s TELECOMMUNICATIONS ANTENNA IN THEIR NEIGHBORHOOD. (See label
i 61A, 75. See also, related afternoon informal meeting with residents of Model City area
concerning said issue.)
i----------- -----------------------------------------------------------------------------------------------------
Is
E: Commissioner Plummer: Mr. Mayor.
Commissioner De Yurre: If I may? Let me wrap this up.
Commissioner Plummer: Go ahead.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: You can do it at anytime. Not tomorrow. I can't do it tomorrow. First part of the
week.
r'
Commissioner Plummer: Go ahead, Victor.
Commissioner De Yurre: Mr. Mayor, I just spoke with Steve Helfman, the attorney
representing...
is
Mayor Clark: Yes.
Commissioner De Yurre: ...the - was it Bell South - and they say that they will take down
whatever is there. That they will not build any antenna. That they are going to comply with our
desires. And that he's going to prepare a letter and fax it to me in the next few minutes to that
effect.
f:
Vice Mayor Dawkins: OK. Tell him - also, Mr. Manager, you didn't hear this.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: You can tell him, also, that two blocks from there there is another one.
What are they going to do with that one? OK.
144 May 5, 1994
Mayor Clark: They build these towers out there?
Vice Mayor Dawkins: Yes, sir. Two blocks from there, there is another one. So now this one...
Commissioner De Yurre: Is that one theirs? Is it theirs, also, or not?
Vice Mayor Dawkins: Yes.
Mayor Clark: What does this tower do, it exudes radiation?
Vice Mayor Dawkins: Yes, radiation.
Mayor Clark: Well. OK.
Vice Mayor Dawkins: Tell Steve to be here at 2 o'clock.
Commissioner De Yurre: They are trying to avoid... their agreement to do away with it.
Vice Mayor Dawkins: I can't avoid it, Victor. I've got bus loads of people coming down here.
t You can't tell these people don't come down here to be heard.
Commissioner De Yurre: But what is the reason for coming down? Is it to not to have this
antenna built?
Mr. Cesar Odio (City Manager): Exactly. To stop that one antenna.
Commissioner De Yurre: OK. So, they are getting that already. So why do they need... I mean,
I understand that they already planned to come down, but if they are getting what they want.
Mayor Clark: They are coming down.
Vice Mayor Dawkins: They are coming down, Victor. That's all.
Commissioner De Yurre: OK. Well, we can just read the...
k Mayor Clark: What is your pocket?
4
Commissioner De Yurre: ...OK, well, we can just read the letter into the record and that will be
i` that.
r
END OF DISCUSSION -- NO ACTION TAKEN
145
May 5, 1994
67. (continued) DISCUSSION CONCERNING REQUEST TO SELL ALCOHOL AT
GOOMBAY FESTIVAL -- AUTHORITY GRANTED TO SELL BEER AND WINE.
(See label 65)
Commissioner Plummer: Sir, I have two corrections. Number one, on item number 9.
Mayor Clark: He got the beer and wine, haven't you?
Mr. Billy Rolle: I don't know. I haven't finished. I don't know whether Frank has understood it
or not.
Mr. Frank Castaneda: Yes.
Mayor Clark: Well, go down to Seven -Eleven, they got plenty.
Commissioner Plummer: Go away and sin no more.
Mr. Rolle: I want to know what to tell the board because, you know, I work for them.
Commissioner Plummer: You sell beer and wine.
Mr. Rolle: OK.
END OF DISCUSSION -- NO ACTION TAKEN
-------------- -------------------------------------------------------------------------------------------------
67.1 APPOINT BERTILA SOTO FERNANDEZ TO THE AUDIT ADVISORY
COMMITTEE. (See label 9)
Commissioner Plummer: On item number 9, Mr. Mayor, let me revert back for the Audit
Committee. I am appointing Bertila Soto Fernandez.
Mayor Clark: OK.
-------------------------------------------------------------------------------------------------------------------
68. (A) (Continued) EMERGENCY ORDINANCE: AMEND MEMBERSHIP,
APPOINTMENT PROCEDURE, CHAIRMANSHIP PROVISIONS AND
POWERS OF CHAIRPERSON PROVISIONS, AS APPLICABLE TO THE
MIAMI EXHIBITION AND SPORTS AUTHORITY. (See labels 15 & 23)
(B) APPOINT BILL BAYER TO THE MIAMI SPORTS AND EXHIBITION
AUTHORITY.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On the Sports Authority, the proposal - and let me read - according to
the City Attorney, what I need to read is "An emergency ordinance amending the membership
appointment procedure chairmanship provisions and powers of chairpersons provisions as
146 May 5, 1994
applicable to the Miami Exhibition and Sports Authority; containing a repealer provision, a
severability clause, and providing for an effective date."
Mayor Clark: Wait, wait. And adding one new member.
Commissioner Plummer: That's...
A. Quinn Jones III, Esq. (City Attorney): It is contained in the body.
Commissioner Plummer: That's in the body, he says, sir.
Mayor Clark: OK. Very good.
Commissioner Plummer: Is there... It's an emergency ordinance.
Commissioner De Yurre: Can you read that again?
Commissioner Plummer: Yes, sir. "An emergency ordinance amending the membership
appointment procedure, chairmanship provisions, and powers of chairperson's provisions' as
applicable to the Miami Exhibition and Sports Authority; containing a repealer provision, a
severability clause, and providing for an effective date." So move.
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: Two readings.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING THE MEMBERSHIP, APPOINTMENT
PROCEDURE, CHAIRMANSHIP PROVISIONS AND POWERS OF CHAIRPERSON
PROVISIONS AS APPLICABLE TO THE MIAMI EXHIBITION AND SPORTS
AUTHORITY; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and dispensing with the requirement of reading same on
two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
147 May 5, 1994
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11150.
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.
Commissioner Plummer: Now, make your appointment.
Mayor Clark: Now it is effective? Now I move the name of Bill Bayer for the extra member.
Commissioner Plummer: I second the motion.
Mr. Jones: Who was it?
Mayor Clark: All in favor signify by saying "Aye."
Mr. Jones: Who is the name?
Commissioner Plummer: Bill Bayer.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.94-344
A RESOLUTION AMENDING RESOLUTION NO. 94-314, ADOPTED MAY 5,
1994, WHEREBY CERTAIN INDIVIDUALS WERE APPOINTED AS
MEMBERS ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("AUTHORITY"), THEREBY CHANGING THE APPOINTMENT STATUS FOR
BILL BAYER TO THAT OF A VOTING MEMBER ON SAID AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
148
May 5, 1994
r
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.
-------------------------------------------------------------------------------------------------------------------
69. BRIEF COMMENTS CONCERNING THE ENCLOSING OF SECTION OF
BAYFRONT PARK WHERE HEAVY EQUIPMENT IS OPERATING.
-------------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now, if I... you are ready for the pocket?
Vice Mayor Dawkins: You are not...
Commissioner Plummer: I have one pocket, Mr. Mayor.
Commissioner De Yurre: Oh, before you get to the pocket. Well, go ahead.
Vice Mayor Dawkins: I'm not... J.L., I just spoke with another gentleman, and we don't - we
know, we just got this - so we'd like to hold off till the next meeting.
Commissioner Plummer: Well, OK. The only problem that you have...
Mayor Clark: What is that?
Vice Mayor Dawkins: Is the Bayfront Park.
Commissioner Plummer: ...Commissioner, Bayfront Park is that they've already started the
construction.
Vice Mayor Dawkins: I beg your pardon?
Commissioner Plummer: They've already started the heavy equipment in the park. And the
problem here is if you don't close the park, it's a liability. That was the reason for this, sir.
Vice Mayor Dawkins: OK. It's a liability, but if you stop construction, is it a lack of it?
Commissioner Plummer: I can't answer that, sir. I don't know.
Vice Mayor Dawkins: All right, I just would... you know, it was a two man thing, so I have to
wait until I can get with the other gentleman.
Commissioner Plummer: Sir, if you want to wait, it's fine with me. I'm merely bringing it here
as it was the chairman...
149 May 5, 1994
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
70. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
ACCEPT MOTOROLA COMMUNICATIONS AND ELECTRONICS PROPOSAL TO
PROVIDE A TURNKEY FIRE STATION ALERTING SYSTEM.
Mayor Clark: What other pocket do you have, J.L.
Commissioner Plummer: Sir, I had one previously that I'm not completely happy with. But I'm
not going to fight at this particular time. And that's one from a previous agenda. "A resolution
accepting the proposal of Motorola Communications and Electronics, to provide a turnkey fire
station alerting system of a lease purchase price of five year period, at a cost of $54,447.58 per
year, for a total amount of $272,237.90 for the Fire -Rescue Department, with funds hereby
allocated from the Fire -Rescue account code number 280401-880 and Dade County EMS..."
Wait a minute. This is a resolution. That's all I need to read.
Vice Mayor Dawkins: What is it, what is it, what is it?
Commissioner Plummer: The problem I had is that where they push a button and it rings a bell
in the fire station.
Vice Mayor Dawkins: Push a button where?
Commissioner Plummer: At the dispatcher. You know, I got a problem with it. I got to be
honest with you, all right?
Vice Mayor Dawkins: Well, I got a problem with it, too. Defer it. Now, if it's a pocket item,
defer it.
Mayor Clark: Defer it to the next time to have it published properly.
Commissioner Plummer: The what?
Mayor Clark: Anything else?
Commissioner De Yurre: Mr. Mayor.
Commissioner Plummer: OK. Yeah, let me... Can I ask a few questions, Mr. Mayor?
Mayor Clark: Yeah, but try to be...
Vice Mayor Dawkins: You know, I get tired of you guys running to J.L. Plummer with pocket
items that all of us should be concerned with.
Commissioner Plummer: I would appreciate...
Vice Mayor Dawkins: I got a problem with it, Commissioner.
Mr. Odio: No, Commissioner...
150 May 5, 1994
Vice Mayor Dawkins: Every time I look, it's something the Manager wants pushed through...
Mr. Odio: No, no, no.
Vice Mayor Dawkins:... you give it to J.L. Plummer as a pocket item. I mean, I have a problem
with it, J.L. I get tired of it.
Mr. Odio: Let me clarify it. Let me clarify, let me clarify this.
Commissioner Plummer: I'd appreciate it.
Vice Mayor Dawkins: I get tired of it.
Mr. Odio: He is the one the that stopped this project.
Commissioner Plummer: I pulled that particular...
Vice Mayor Dawkins: I don't care, Mr. Manager. It should come to all Commissioners. I get
tired of J.L. Plummer bringing up pocket items, trying to push them through.
Commissioner Plummer: So does J.L. Plummer.
Mr. Odio: J.L. Plummer stopped this item, and he should be the one that brings it up or not.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
71. DISCUSSION CONCERNING APPROVAL GRANTED TO THE BOYS' CLUB TO
SELL CHRISTMAS TREES.
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. J.L., do you have anything else?
Commissioner Plummer: I just want to ask some questions, if I may. Mr. Manager, what about
the Boys' Club?
Mr. Cesar Odio (City Manager): What about the Boys' Club?
Commissioner Plummer: To make them legal to sell Christmas trees. I've asked this now...
Mr. Odio: I think that they have to sell Christmas trees, and whatever we have to do...
Commissioner Plummer: But, sir, they are illegal, according to the Code. I've asked... The last
correspondence I had from the Law Department, they didn't know where the Boys' Club was.
Mr. Odio: First, I'll take care of the... We'll take care of the Boys' Club.
Commissioner Plummer: No, no. Excuse me. This man is getting ready to order probably a
half a million dollars worth of trees.
151 May 5, 1994
Mr. Odio: Yes.
Commissioner Plummer: And last year, your inspectors went over there and told him to cease
and desist, "bah humbug," no more Christmas trees.
Mr. Odio: But it was resolved, and we promise you it will be...
Commissioner Plummer: No, sir. We're resolving it legally. That's what we want to do.
A. Quinn Jones III, Esq. (City Attorney): Apparently, it was forwarded to the Administration,
and it had to go through the PAB (Planning Advisory Board), so you had to go through that
notification. So I understand it's been taken care of.
Mr. Odio: Yes, sir. I promise you...
Commissioner Plummer: Nobody notified me, nobody notified the Boys' Club.
Mr. Odio: OK. I can assure you they can sell Christmas trees.
Mayor Clark: Hey, listen, we are talking about Christmas trees. I got a 58-item agenda out of
here by 11 o'clock, and now we're taking all that time with this B.S. Come on, let's go.
Commissioner Plummer: That's all I need, sir.
Mayor Clark: Willy, what do you have?
Commissioner Plummer: I'm finished.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------------------------------------------------------------
72. (Continued) GRANT REQUEST BY REPRESENTATIVES OF PLANET
HOLLYWOOD FOR STREET CLOSURE (GRAND AVENUE) CONCERNING
THEIR OPENING EVENT (MAY 15, 1994), WITH STIPULATIONS. (See label 61)
-------------------------------------------------------------------------------------------------------------------
Commissioner Gort: My pocket item is, I was approached by the Planet Hollywood individuals,
they're having the opening...
Mayor Clark: Bob, don't leave. Sit down.
Commissioner Gort: ... within a week and...
Commissioner Plummer: What's that? I'm sorry, what?
Commissioner Gort: Pocket item, Planet Hollywood. They have to...
Mayor Clark: What do you need, Willy?
Commissioner Gort: They asked to appear in front of us.
152 May 5, 1994
0 +o
1 Commissioner Plummer: Let me tell you, if they're here - I think they are - Mr. Mayor, they
came to see me also. The problem is, this goes headlong into the Festival Committee that says
j no more than two activities a month...
I Mayor Clark: Can't have it.
Commissioner Plummer: ... one a street closure, and one a not. This is going headlong into the
bed race. Now, the problem here is the fact that they want to start setting up on Saturday night
with permanent - well, permanent type of bleachers on Grand Avenue, which effectively will
close off the entire Grand Avenue, from there up to McFarlane. They will not be taking these
down until Sunday night?
Ms. Jodie Knofsky: I'm here to answer questions. I actually have some remarks prepared, if I
may.
Commissioner Plummer: Well, but I'm trying to get on the record. The problem is that they
fneed a waiver from the Festival Committee, Standing Committee, and they cannot do it at this
f particular time. And the problem is, is that they're going to put bleachers out in the street, which
would effectively block the street. You got the bed race, you got it all, so that's where it's at.
Mayor Clark: You'll get killed down there, Victor. You'll get killed. Mr. De Yurre?
Commissioner De Yurre: Well, how many days are we talking about?
Commissioner Plummer: One day. One day.
Commissioner De Yurre: You set up... You start setting up when?
Ms. Knofsky: Excuse me. We plan to begin our setup, it's 2:00 a.m. Sunday, so Saturday night,
effectively.
Commissioner De Yurre: Name and address, please.
Ms. Knofsky: Pardon me?
Commissioner De Yurre: Name and address.
Commissioner Plummer: For the record.
Ms. Knofsky: Oh, I'm sorry. My name is Jodie Knofsky. I'm the public relations manager for
Planet Hollywood here in Miami.
Commissioner De Yurre: OK. You set up at 2:00 in the morning Sunday.
Ms. Knofsky: Right.
Commissioner De Yurre: And you shut down what time?
Ms. Knofsky: We shut down... The event actually finishes up between 10:30 and 11:00 p.m.
Sunday, and then tear down commences immediately.
Commissioner De Yurre: And the bed race is that Sunday morning, isn't it?
Commissioner Plummer: No, sir. It's in the afternoon. It runs, I think, till 4:00 or 5:00. Victor,
this is not the point. The point is that you appointed a Festival Committee, they established a
153 May 5, 1994
procedure. These people did not come in and apply in any way, shape or form, and they just
assumed that they could do what they wanted. Now, that's going to upset a lot of people, and,
you know, I understand what they're trying... They could... If they had come here, we'd have
told them do it another day, don't go headlong into the bed race. So...
Commissioner De Yurre: Now, the bed race doesn't run along that part of Grand. You're
talking about right in front of the Mayfair.
Commissioner Plummer: No, but it does congest the Grove when you close off Grand Avenue.
Mr. Ted Stahl: It sure does.
Commissioner Gort: Excuse me, Mr. Mayor.
Mayor Clark: All right.
Commissioner Gort: Why don't we hear from the person, the applicant, and then we hear from
the person in opposition and we'll make a decision.
Commissioner Plummer: That's fine.
(INAUDIBLE STATEMENT.)
Commissioner Plummer: Sure.
Commissioner Gort: My understanding is the individual was not able to make the presentation
and so on.
Commissioner Plummer: What?
Mayor Clark: You got any pocket items?
Vice Mayor Dawkins: No, sir.
Mayor Clark: All right. Hey, Steve.
Ms. Knofsky: Have I been recognized? Excuse me. I've passed out a map that I've prepared
for you so that you can get a better perspective on this. I had a speech written and prepared.
Rather than hold up everyone for the entire reading of it, what I'd like to explain a little bit, if
you'd bear with me for a moment, that what we are, what we're doing, and address then your
questions so that this doesn't become a long and involved day -long activity. Like I said, my
name is Jodie Knofsky, and I'm the P.R. manager for the restaurant, for Planet Hollywood here
in Miami. Our president, our CEO (chief executive officer), Keith Barish, our shareholders,
Arnold Schwarzenegger, Sylvester Stalone, Bruce Willis and Demi Moore will be joining about
two dozen celebrities on Sunday, May 15th, for an opening night party. Before I came to Planet
Hollywood, I'd only seen these parties on television. What we'll be doing in front of the
Mayfair, and what we're asking for a waiver to do is stage an event that is similar in look and in
popularity and in attention to what you see when you watch the "Academy Awards." The reason
that we need to get the waiver is because we are aware of the codes, we are aware of the
ordinance, and we're asking for the waivers on two specific points, the 120-day advance, and the
two street closures in a month. We are aware of these things. I had hoped to get before you
sooner. This has been the first time it's been possible. I have press kits that I'll give all of you
to take a look at, but this event not only focuses a great deal of national positive attention to
Miami and to the Grove, obviously it focuses that kind of attention to our operation. It means a
154 May 5, 1994
y' �44.
i_
lot to us and it means a lot to me as a resident of this town. I live here in Dade County, and it
will be nice to turn on the national news and the international news, and see an opening story on
Miami that doesn't start with something bad.
Mayor Clark: Very good.
Ms. Knofsky: We are committed to this community. Long range, we've made a firm
commitment in every city where we've opened. We're committed to holding one charity event a
month for the community, for local charities. We're also opening a separate retail store in the
Grove, in Mayfair. We'll be employing over 300 people. I want to give you a little background
like that so you know this isn't... First of all, it's not an everyday event. We're only asking for
the one time event. We do have events in the restaurant. They're wonderful, they're open to the
public. Stars will come in and present things to hang on our walls. We keep that contained,
we're inside with it. Obviously, as we go through our business life here in the community, we
will come to you whenever there is a situation that requires attention or requires any City
services. All of those things are a given. I'd like to just answer your questions. If you'll take a
look at the map I passed out...
Mayor Clark: Please, just a moment. Before you do that, let's hear from this gentleman.
Mr. Ted Stahl: Ted Stahl, 3171 Royal Road, past member, appointed member of the Standing
Festival Committee, and as of this morning, representing Commissioner Gort on the new
appointee. We have not had the opportunity to meet over the many months because of the
committee set up to investigate committees, and I must ask and advise you that we all welcome
all new businesses to this community. It is very important to all of us, both residents and
commercial, and we're certainly not opposing you. But on the afternoon of the day that you are
requesting is an event that has been held here for many years. It is one of the events that is on
the list that is available to be held on that particular day. It is an event that brings a great deal of
young people to this community. It is also the very day that has a lot of spirits invited into the
system, and we have had problems in the past. We have a wonderful Police Department that
monitors this. The problem here is that the Commission has turned down two events. One, the
Nick Buoniconti Jackson Memorial sponsored event, which is a fine event, and an important
event, a charitable event, and a good one. They have turned down the normal bicycle race that
has been held in this community for years, although the bicycle race was satisfied by going to a
month where there was no event. My question to this Commission is, would the City be liable
for a lawsuit from an event that was turned down for another event that's going to be approved?
The other thing is I have a feeling that the event will be approved by this Commission, and if so,
I feel that the Standing Festival Committee would require or request that the Commission advise
this event pay the twenty-five percent of the services into the Standing Festival Committee, to
someday be used to improve our community, which is the reason for the Standing Festival
Committee. We are not only here to... The committee is not here just to advise the
Commissioners on how to spend money back in our community, we are also here to advise them
of the problems and the amount of events that are being held, and to keep them informed of the
problems that we have in this community.
Mayor Clark: All right.
Mr. Stahl: If the event is allowed, we do ask the Commission to please grant this community an
excessive police monitoring, because we have had serious problems at Halloween, and we don't
want it to happen again, please.
Mayor Clark: All right, thank you.
Mr. Stahl: Thank you.
155 May 5, 1994
Ms. Knofsky: Excuse me. Would it be all right...
Mayor Clark: Please, just wait a minute.
Ms. Knofsky: Oh, I'm sorry.
Mayor Clark: Did you want to add something, sir?
Mr. David Gell: Yes, sir. Good morning. My tame is David Gell. I live at 3290 Matilda Street,
and I am president of the Center Grove Neighborhood Association. I'll try to speak fast. We
understand this is an extraordinary situation. This is a new neighbor coming into our
community. We are deathly afraid that a tragedy could occur without support from the Police
Department, without support from the appellant - I mean the applicant - in terms of security. We
have to have it.
Mayor Clark: All right. I think that point has been made.
Mr. Gell: If we have an arts festival where someone can get shot at 4:30 in the afternoon at an
arts festival, think of what's going to happen after a whole twelve hours of partying at 11:00,
12:00 o'clock at night. It's going to be a honor show, and we don't want to see a tragedy. So I
ask that you approve, and I ask that you make darn sure that everybody is protected, including
the residential neighborhood. Thank you very much.
Mayor Clark: Thank you.
Commissioner Gort: Mr. Mayor.
Mr. Stahl: Just one more time, sir.
Mayor Clark: Just one, please, quick now.
Mr. Stahl: Well, I am now representing the Cocoanut Grove Village Council, that Tuesday
evening at their meeting recommends to this Commission to deny the waiver.
Mayor Clark: Thank you.
Commissioner De Yurre: Mr. Mayor.
Commissioner Gort: Ted...
Mayor Clark: Mr. Gort... Please, now we got enough information. Go ahead, Willy.
Commissioner Gort: Ted, my understanding is that - and I'm new at this - but my understanding
was that the reason it was denied was because they said they could not close the streets twice
within a month. This event is taking place on the same date that the streets are going to be
closed, so it's not really going to be two events within a month, closing the streets, two in a
month. Number two, I think, Mr. Mayor, the advertising and promotion that we're going to
receive on television, nationwide, and internationally, is a great... It's going to show the City of
Miami, it's going to benefit all of the City of Miami. This would be worth millions of dollars of
benefit in advertising to the City of Miami. And I'm sure that they want to be a good neighbor,
and I already told them, if they attempt to do anything in the future, they've got to go to you, and
they've got to go to the Village Council, and they're aware of it. They're also aware that they
have to have police protection. I'm sure, because of the people that are going to be coming to
156 May 5, 1994
r
this event, they're going to make sure that they've got plenty of police protection.
they're going to have someone directing the traffic in the area, for all those reasons.
Commissioner Plummer: I'd like to hear from the Police Department.
Mr. Odio: They don't oppose it. They... I'm speaking for the police.
Mayor Clark: Well, let's get it going.
And also,
Mr. Odio: What they do want is that you hire sixteen police officers for the excessive detours
that we will have.
Ms. Knofsky: Our logistics manager and our owner will be coordinating all the security needs.
f We are extra sensitive, so, yes.
` Mayor Clark: All right. That's good, that's good. We got a motion on the floor?
Commissioner Plummer: But you understand you're going to have to hire sixteen policemen?
Ms. Knofsky: Whatever is recommended.
Commissioner Gort: Whatever is necessary.
Commissioner Plummer: That's up and beyond. OK.
Mayor Clark: Mr. Gort moves the resolution. Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Call the roll, Madam Clerk.
Mr. Stahl: One quick question, sir.
Mayor Clark: Please.
r Mr. Stahl: Are you going to ask them to contribute to the festival?
Commissioner Plummer: They have to.
i
Commissioner Gort: Sure.
i
Mr. Stahl: Thank you.
Commissioner Plummer: They have to. That's part of the provision.
Unidentified Speaker: Yeah, it's in the ordinance.
157 May 5, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-345
A RESOLUTION RELATED TO THE "PLANET HOLLYWOOD GRAND
OPENING" TO BE HELD BY PLANET HOLLYWOOD ON MAY 15, 1994;
WAIVING THE REQUIREMENTS CONTAINED IN SECTION 54-171(B)(1), (2),
AND (5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH (A) LIMITS THE NUMBER OF EVENTS THAT MAY BE HELD IN THE
COCONUT GROVE SPECIAL EVENTS DISTRICT; (B) ESTABLISHES THAT
ONLY ONE OF THE TWO EVENTS MAY INVOLVE STREET CLOSURES; AND
(C) REQUIRES THAT THE ORGANIZERS OF SAID EVENT SUBMIT THE
SPECIAL EVENTS APPLICATION TO THE CITY OF MIAMI AT LEAST ONE
HUNDRED TWENTY (120) DAYS PRIOR TO THE DATE OF SAID EVENT;
THEREBY PERMITTING THE "PLANET HOLLYWOOD GRAND OPENING" TO
BE HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT ON MAY 15,
1994; CONDITIONED UPON SAID GROUP HIRING SIXTEEN (16) ADDITIONAL
POLICE OFFICERS; SAID AUTHORIZATIONS SUBJECT TO THE ORGANIZERS
PAYING FOR ALL 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.
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
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm not totally opposed...
Commissioner De Yurre: But you will vote yes.
Commissioner Plummer: Shut up.
Mayor Clark: Come on, now, let's be decent people.
Commissioner Plummer: I am speaking, as a member of the Festival Committee, I've got to
vote no, to be consistent.
158
May 5, 1994
-------------------------------------------------------------------------------------------------------------------
73. (Continued) DISCUSS AND DEFER PENDING DECISION TO BE MADE BY CITY
COMMISSION AS TO WHETHER THEY WISH TO ELIMINATE / REDUCE /
LEAVE IN PLACE COMPENSATION AND/OR HEALTH INSURANCE BENEFITS
PRESENTLY BEING PROVIDED TO MEMBERS OF: (a) CODE ENFORCEMENT
BOARD, (b) CIVIL SERVICE BOARD, (c) PLANNING ADVISORY BOARD, AND
(d) ZONING BOARD. (See label 26)
Commissioner De Yurre: Mr. Mayor, going back to the insurance of the members of the boards
and the attorneys, what I have here is the yearly expense for a single is $2,630. For a family, it's
$6,918, and that's per member of each one of these three boards that we're talking about, right?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner De Yurre: OK.
Commissioner Plummer: I'll tell you something. I think that we need to defer that. I need to
defer it and think about it.
Mayor Clark: Is that what the City has to put in?
Commissioner Plummer: You're talking about...
Commissioner De Yurre: Do they contribute to this at all, money -wise?
Mr. Odio: No. That would be their - the cost to the City.
Commissioner De Yurre: The cost, which right now, that's what we're paying for them.
Mr. Odio: Yes, sir, yes. No, they are not covered under group insurance right now.
Commissioner De Yurre: Who? The members of the board, the Planning Board, the Zoning
Board?
Mr. Odio: No, no, I'm talking about the attorneys.
Commissioner De Yurre: I know, but doesn't this apply to the members? It's the same thing.
Mr. Odio: Yes. Only for... yes.
Commissioner De Yurre: For those three boards.
Commissioner Plummer: Well, what are we going to do, Mr. Mayor, what are we going to do
about the board members? What about the compensation and the benefits, which I understood
were removed?
Mr. Odio: To be fair, I think they should be paid the same thing they've been paying. They
have to spend... I have watched the proceedings on TV, and they spend a lot of hours here.
Mayor Clark: Let me say this. What does it cost to insure those people, for the City's portion?
159 May 5, 1994
Commissioner Plummer: I'm sorry?
Mayor Clark: What does the City's portion cost for each member of the board?
Commissioner Plummer: Nine hundred and thirty some dollars a month.
Commissioner De Yurre: What I just read into the record.
Mayor Clark: Jesus Christ.
Commissioner Plummer: Yeah. That's why I'm saying.
Mayor Clark: They pay all the insurance?
Commissioner De Yurre: We pay all the insurance for them.
Commissioner Plummer: Nine hundred and thirty some dollars per person. I would ask that this
matter be, at best, deferred.
Mayor Clark: Yeah.
Commissioner Plummer: At best.
Mayor Clark: No, we didn't approve that. It's going to be deferred. Anything else?
Commissioner De Yurre: Again, I just want to make sure whatever we do, we include the three
attorneys that represent the three boards.
Mayor Clark: 11:27, we're adjourned.
Vice Mayor Dawkins: OK. Mr....
Commissioner Plummer: As far as salary is concerned.
Commissioner Gort: Mr. Mayor.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Commissioner De Yune: No coverage, insurance.
Commissioner Plummer: That was not voted on, Victor.
Vice Mayor Dawkins: Commissioner Gort has something to say, Mr. Mayor.
Commissioner De Yurre: Well, that's what I'm...
Mayor Clark: All right.
END OF DISCUSSION -- NO ACTION TAKEN
160
May S, 1994
-------------------------------------------------------------------------------------------------------------------
74. (Continued) AMEND RESOLUTION 94-331, WHICH AUTHORIZED AN INCREASE
IN THE CONTRACT WITH ASSOCIATES CONSTRUCTION CORPORATION FOR
THE SAINT HUGH OAKS VILLAGE HOUSING PROJECT, B-6206, THEREBY
CORRECTING THE CAPITAL IMPROVEMENT PROJECT NUMBER TO 321040.
(See label 35)
-------------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might. Before we adjourn, I have an
amendment to item 29, the following amendment: Where it says "said funds to be provided from
capital improvement project entitled Building Sales Project Number 321034, proceeds from the
sale of affordable housing units," that should be deleted from the title.
Vice Mayor Dawkins: OK. All right. Mr. Mayor.
Mayor Clark: Do you need to amend it like that?
Mr. Jones: It's OK. It's already...
Mayor Clark: It's moved?
Mr. Jones: Yeah, you can vote on it.
Mayor Clark: Seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-346
A RESOLUTION AMENDING RESOLUTION NO. 94-331, ADOPTED MAY 5,
1994, WHICH AUTHORIZED AN INCREASE, IN THE AMOUNT OF $116,000,
IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND ASSOCIATES
CONSTRUCTION CORPORATION FOR THE "SAINT HUGH OAKS VILLAGE
HOUSING PROJECT, B-6206", IN CONNECTION WITH THE DEVELOPMENT
OF TWENTY-THREE (23) NEW SINGLE FAMILY HOMES IN THE COCONUT
GROVE NEIGHBORHOOD, THEREBY CORRECTING THE DESIGNATION
OF THE ACCOUNT FROM WHICH FUNDS FOR SAID PROJECT ARE TO BE
ALLOCATED TO "CAPITAL IMPROVEMENT PROJECT NO. 321040".
161
May 5, 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.
-------------------------------------------------------------------------------------------------------------------
75. (Continued) DISCUSSION CONCERNING STRONG OPPOSITION BY RESIDENTS
FROM THE MODEL CITY AREA TO ONGOING CONSTRUCTION AND
PROPOSED ERECTION OF A NEW BELL SOUTH MOBILITY
TELECOMMUNICATIONS ANTENNA IN THEIR NEIGHBORHOOD -- PERSONAL
APPEARANCE BY STEPHEN HELFMAN, COUNSEL FOR BELL SOUTH
MOBILITY, STATING THE COMPANY'S DECISION TO IMMEDIATELY STOP
ONGOING CONSTRUCTION / ERECTION OF THEIR NEW
TELECOMMUNICATIONS ANTENNA IN THE MODEL CITY NEIGHBORHOOD.
(See labels 61A, 66. See also, related afternoon informal meeting with residents of Model
City area concerning said issue.)
-------------------------------------------------------------------------------------------------------------------
Mayor Clark: Yes, Steve.
Steve Helfman, Esq.: Very briefly. I just... Commissioner... Commissioner...
Vice Mayor Dawkins: Just a minute, just a minute.
Mr. Helfman: Yes, go ahead.
Vice Mayor Dawkins: Mr. Mayor, I would ask the Manager, the City Clerk and the City
Attorney to have someone here with Commissioner Gort and I at 2:00 o'clock, please.
A. Quinn Jones, III, Esq. (City Attorney): At 2:00 o'clock? At 2:00 o'clock, Commissioner?
Vice Mayor Dawkins: Yes.
Mayor Clark: Go right ahead.
Mr. Helfman: Commissioner De Yurre has expressed an interest in Bell South and its antenna
tower on 56th Street. Just for the record, this morning, we met with the neighborhood
representatives, including Mr. Fauntroy, and offered to abandon the site, and take the tower
down, that portion of it that's already been constructed. I don't know what they intend to do this
afternoon, but from Bell South's standpoint, if the neighbors don't want us there, we're not
going to go there. And we understand their concerns.
162 May 5, 1994
Commissioner Plummer: You already told them that this morning?
Mr. Helfman: We told them that this morning. We made that offer to them.
Mayor Clark: They'll be here at 2:00 o'clock, yes, sir.
Vice Mayor Dawkins: That's all. If nobody shows up, I'll be here. If they show up, they can
tell me you told them that, that's all.
Mr. Helfcnan: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 11:29 A.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
(SEAL)
163 May 5, 1994
INFORMAL MEETING WITH A GROUP OF CONCERNED MODEL CITY RESIDENTS,
HELD IN THE CITY CHAMBERS (MAY 5, 1994, AT 2:25 P.M.) IN CONNECTION WITH
AN ITEM FROM THE MORNING SESSION TO CONVEY TO THE RESIDENTS BELL
SOUTH MOBILITY'S DECISION TO ABANDON ONGOING CONSTRUCTION OF THEIR
NEW TELECOMMUNICATIONS ANTENNA IN THE MODEL CITY AREA, PEURSLANT
TO RESIDENTS' REQUEST.
City Commissioners present: Vice Mayor Miller J. Dawkins, Commissioner J.L. Plummer, Jr.,
and Commissioner Wifredo Gort.
Also present: Sergio Rodriguez, Assistant City Manager; Joel Maxwell, Assistant City Attorney;
Matty Hirai, City Clerk, and Walter Foeman, Assistant City Clerk.
Commissioner Plummer: What are we doing?
I. CLARIFYING STATEMENTS BY VICE MAYOR DAWKINS TO CONVEY TO
MODEL CITY RESIDENTS THAT BELL SOUTH MOBILITY HAD AGREED TO
IMMEDIATELY ABANDON ONGOING CONSTRUCTIONIERECTION OF ITS NEW
TELECOMMUNICATIONS ANTENNA TOWER AT N.W. 56 STREET, PEURSLANT
TO STRONG CONCERNS EXPRESSED BY AREA RESIDENTS. (See labels 61A, 66
i & 75)
Vice Mayor Dawkins: Ladies and gentlemen, at one time, Mr. Fauntroy and others came to us to
protest the building of a tower, and we decided to see how to remove it, and what have you.
Because of the efforts of the homeowners' group and Mr. Fauntroy, the company that owns the
tower says that they will move it, but... And all of that was done this morning. But since we told
you to come down here and be heard, I felt it no more than right for us, this Commission, to keep
its commitment to you, because when you were here last Thursday, we, the Commission,
distinctly told you, go talk with the Manager, find out how we can resolve this, and put it on the
agenda for next Thursday. That was the direction to the Manager. Yet, when the agenda came
out, we were told that you were not on the agenda, because the agenda was printed. I said, "Fine,
we will pocket" - not Miller Dawkins - the City Commission will pocket item it, because we
promised the citizens we would hear them. This morning, when I suggested that since we
finished at 11 o'clock, that we come back at 2 o'clock to hear you„you can see who's here. So
with that, supposedly, a tower is going to be dismantled and removed. Mr. Fauntroy, who... Is
Mr. Fauntroy the spokesperson? If Mr. Fauntroy will come to the mike, we'll let the
Administration explain to you and the others who are here, you know, what happened, and then
each of us will have something to say about what we're doing. Mr. City Manager.
Mr. Sergio Rodriguez (Assistant City Manager): This morning, Mr. Steve Helfman, representing
Bell South Mobility, put on the record that the company wanted to be good neighbors, and that
they will remove the tower, and that they would not continue with the efforts to build a tower in
that location, and that, officially, they announced over here that the tower would not be built.
Vice Mayor Dawkins: Why did they concede not to build the tower?
Mr. Rodriguez: I believe it was basically because they realized that there was opposition by the
neighbors, after it had been brought to the attention of the Commission in the previous meeting.
They were invited to attend the meeting that we had this week with you all on Tuesday, and they
were advised of the concerns that were expressed by the neighbors in the area, and by the
Commission, and they voluntarily agreed to remove the plans for the tower in the area.
Vice Mayor Dawkins: Is it not a fact that the Administration made an examination and found
that the tower may be health damaging?
164 May 5, 1994
Mr. Joel Maxwell (Assistant City Attorney): Mr. Vice Mayor, for the record, Joel Maxwell of
the City Attorney's Office. I don't believe that the Administration came to those conclusions or
made those kinds of studies, and I don't think it would be appropriate at this time far the City
Manager to indicate on the record that such did occur.
Vice Mayor Dawkins: OK. I hear you, Mr. City Attorney, but I also need to put in the record
that what is happening, because from time to time, individuals say things, and then when you
come back, they're suing the City. And when they sue the City, we, the citizens, pay for it. So if
there's to be a lawsuit, you know, I want it clearly understood, you know, why we're doing this
and how it came about. Now, if you're doing it simply because the citizens said do it, and they
didn't want it, that's fine. But whatever reasons, you make sure that you can defend them and us
in court.
Mr. Maxwell: Well, that's the reason that I made the statement I made just now, Mr. Vice
Mayor. We have not been given empirical studies that conclusively prove that the microwave
emissions over there do cause a health problem. We heard the same rumors and speculation that
you have. The action this morning, in my understanding, was a voluntary action on the part of
Southern Bell. It wasn't prompted by the City in any way.
Commissioner Plummer: Bell Mobility, Bell Mobility.
Mr. Maxwell: Excuse me?
Commissioner Plummer: Bell Mobility.
Vice Mayor Dawkins: Wait now, hold it.
Mr. Maxwell: Bell Mobility.
Vice Mayor Dawkins: Back up, Mr. City Attorney. The actions taken by Bell South were not
voluntary...
Mr. Maxwell: When I say "voluntary," I mean the City didn't make them do it. They did it, as
the City Manager just pointed out...
Vice Mayor Dawkins: No, no. But the citizens complained.
Mr. Maxwell: Correct.
Vice Mayor Dawkins: And they decided to do it. They did not voluntarily come in and say,
"We're going to do this."
Mr. Maxwell: OK. Well, I stand corrected. It was a semantics issue here. What I'm saying is
that they did it as a result of community pressure.
Vice Mayor Dawkins: Legally, I can understand where you covered all of us.
Mr. Maxwell: Yes, sir.
Vice Mayor Dawkins: All right. Go ahead, Mr. Fauntroy, please, sir.
Mr, Roy Fauntroy: Well, first, we want to thank you for hearing us.
Vice Mayor Dawkins: Hold the mike up to you, Mr. Fauntroy, please.
165 May 5, 1994
Mr. Fauntroy: First, we want to thank you for hearing us, and to say that if anyone sues the City
Commission, they're suing the people, and that we will respond to that as people of this City,
and support you. But we think that the meeting that we held, that it was a good faith effort to
move the antenna, and to satisfy the wishes of the community that spoke out, and we're looking
forward to that continuous support from the Commission when it comes to our concerns in the
community. And I wondered if there's anybody who wanted to - had anything to say at this
point from the community.
I
Vice Mayor Dawkins: I think each of them should either introduce themselves...
Mr. Fauntroy: Yes.
Vice Mayor Dawkins: ... and get on the record as, you know, who they are and what they are,
Mr. Fauntroy.
Mr. Fauntroy: OK. Those of you who'd like to... Anyone wants to say anything? If not, we can
just introduce ourselves so we'll know who's here.
Dr. Earl Wells: Mr. Vice Mayor and members of the Commission...
Vice Mayor Dawkins: Pull the mike up, Dr. Wells, please.
Dr. Wells: OK. Mr. Vice Mayor and members of the Commission...
Vice Mayor Dawkins: You have to give your name and address, Dr. Wells, please.
Dr. Wells: My name is Wells, Earl A. Wells, and I live at 901 Northwest 41st Street in Miami.
First, I'd like to reiterate what was said previously, and that is that we certainly appreciate the
efforts of the Commission in seeing to it that the wishes of the community at large were, indeed,
heard. If it's been resolved, that's fine. My only concern - and I said this to the Administration
the other night - was that I think this is something that should have been dealt with by the people
who represent us, even before any action coming from us. It's very obvious, really, that this
antenna that was proposed, was not only detrimental to us, but it was detrimental, really, to the
entire community. There's already one tower less than three blocks away from this particular
tower which was put up, and we were not notified. Now, the main thing, I think, as citizens of
this community, and certainly, as American citizens in general, we feel that we should have been
notified. We felt that we were looked over, not taken into consideration, and a permit was
issued, when we think that maybe you should have stopped it, even before it got to us. The fact
that you've done something about it is fine, but in the future, we would appreciate it very much
if, when this kind of thing happens, those of us that you represent, we hope that you would take
the appropriate action as you did here, long before it was necessary for us to do what we did.
But in any event, I don't want to prolong this. I just want to say thank you very much for
everything you've done. You've probably saved countless numbers of lives, children and other
people in our particular community. So thanks again for everything that you've done, and we
appreciate the opportunity to be here today.
Mr. Rodriguez: Commissioner Dawkins, if I may add to the record, the City Commission passed
on second reading on March 25th, and it became effective April 25th, an amendment to the
ordinance by which in the future, if this size of antenna were to have been applied for in the City,
they would not have been able to do it without going through hearings and notification to
adjacent property owners. This one, they applied before the law was in effect, So the
Commission has taken already some action to address that issue in antennas of this size. We are
willing, if you want us to, to look over the whole issue again. It's up... You know, if there's any
166 May 5, 1994
direction from the Commission. But at this point, this type of antenna will have to come through
a special hearing, and will go to the Zoning Board, and can be appealed to the City Commission
with notification to adjacent property owners at a radius of 375 feet. But this one went just
before the law was in effect.
Dr. Wells: Well, we appreciate that very much. I think that would take care of it in the future.
Thank you very much.
Vice Mayor Dawkins: Commissioner Gort.
Commissioner Gort: Mr. Vice Mayor, I wanted to reiterate that, legally, these people complied
i with all the ordinances and all the laws that we had here, so there was no reason to inform the
community about it. I, personally, was not aware that these things... Nor have I seen anyone
that has written a document telling me how harmful this thing is. But since you brought it up to
us, we took that action. At the same time, we changed the procedure, now, where it would come
in front of us if this was to happen again. But at the same time, we would like to know if
someone can come up with a document that can tell us that it is harmful and all that, we'll even
go beyond that. Right now, nobody has been able to provide that to us, and I think that's very
important.
Commissioner Plummer: Mr. Vice Mayor, as far as I'm concerned, that which was the
expression of the community has been acquiesced to, and I think that's really what's important
for the instance of today. I think, as Commissioner Gort has said, if there is documented proof
that, in fact, that this is the situation, I think that we need to keep that in mind every time that
any one of these are ever applied for, because I don't know how many of them there are in the
City of Miami now, but I've got to believe there's a lot of them.
Mr. Rodriguez: For sure.
Vice Mayor Dawkins: I'd like to say, before Mrs. Wells, you know, it's amazing that, as Dr.
Wells said, they have to come down here. OK? You can't show me another place in Dade
County, let alone in the City of Miami, where two of these towers have been placed less than
where these are, no place in Miami. If you can, show it to me. Number two, you can't tell me
that Bell South Mobility or anybody would go to Miami Beach, Coral Gables, Bal Harbor, Key
Biscayne, and go on, what we consider one of the only commercial corridors that we have,
where we could perhaps someday put a business, and come out to the street, and destroy the
commercial corridor by putting a tower. Only in this neighborhood. And as Dr. Wells said, it's
about time that somebody somewhere has to start... And I won't... I'll tell the Manager who it
is. But Mr. City Attorney, what's the procedure for getting an ordinance or some kind of a
resolution brought back authorizing the City Manager to hire a firm to do a study to determine if
the waves from the - not the one that they're building - but the waves of the other one create
health hazards? What's the procedure?
Mr. Maxwell: Mr. Vice Mayor, any Commissioner, including yourself can simply request that
the Law Department prepare such a resolution and direct the City Manager to place it on the
agenda for the next meeting.
Vice Mayor Dawkins: Would you... Is it all right with my other two colleagues, if we instruct
the City Attorney to bring such legislation back at the next meeting?
Commissioner Plummer: Very definitely.
Mr. Maxwell: Yes, sir. No vote would be necessary on that.
167 May 5, 1994
Commissioner Plummer: And I think, also, Mr. Vice Mayor, you know, these are all really
controlled by a Federal agency. The FCC (Federal Communications Commission) controls all of
these. And I think that, in fact, when the Administration is looking into the matter, I think they
should contact the FCC and see whether or not they have any kind of studies, or they have any
kind of documentation that, in fact, these things are harmful to human beings. I think that that
would be important. I'm sure, knowing how the Federal Government operates - they study
something to death - that they've had studies done on this, and I think that if you contact them,
and try to get a report back from them. You know, what does it hurt to ask?
Vice Mayor Dawkins: Mrs. Wells.
Ms. Eursla Wells: Thank you very much. My name is Ursula Wells. I reside at 901, but we
own property at 5590 Northwest 6th Place, 5575 Northwest 7th Avenue, 5601 and 09 Northwest
7th Avenue, and this is why it's so disturbing. I came up here not so much as to get on record or
to introduce myself, but rather, the attorney Maxwell said that nothing was the farthest from their
minds because they didn't have any empirical data. And I just wanted to say that we will furnish
you some empirical data. Thank you very much.
Vice Mayor Dawkins: OK. Mrs. Wells and others, you know, I'd like to say to you, please find
the time to come down here. OK? All of this happens because we don't see nobody. OK?
Ms. Wells: That's true, I know.
Vice Mayor Dawkins: Now, there's enough of us retired postmen, retired policemen, and my
preacher, I pay him every Sunday to preach, and he should find time to come down here. Tell
him I said that. OK? But again, we appreciate your bringing this to our attention. And we also
will do a study, and, Mrs. Wells, if you will provide each of us with the data that you have, so
that somebody won't say they didn't get it.
Commissioner Plummer: I would just like to conclude that, yes, you pay your preacher to preach
on Sunday, and then six days to pray for your sinful soul. Thank you.
Mr. Fauntroy: May I just add quickly that...
Vice Mayor Dawkins: Hold it. Mr. Fauntroy.
Mr. Fauntroy: ... we gave data on Tuesday night, and yesterday, we delivered information to
you. We will do that again, because we do have it. Thank you.
Vice Mayor Dawkins: All right. If you give it back to us again, we'll make sure that the City
Attorney's Office gets the same information, sir.
Mr. Maxwell: Mr. Vice Mayor, maybe I need to clarify exactly what type of information we're
talking about. Under the South Florida...
Vice Mayor Dawkins: Hold it. You need to hear what he's saying, Mr. Fauntroy.
Mr. Maxwell: Under the South Florida Building Code, the only way that the building director
can revoke a permit of any kind, or refuse to issue a permit, is if he has expert studies of some
kind indicating that there's an imminent harm or danger, and it's not just studies that you may
bring us from magazines or scientific studies of that. We would have to actually have an expert
tell us.
Vice Mayor Dawkins: OK. Thank you. That's why I asked that we take money and hire
somebody to give us a professional study.
168 May 5, 1994
Mr. Maxwell: That's what you'll need.
Vice Mayor Dawkins: I don't want them taking the money out of their pocket.
Commissioner Plummer: Mr. Vice Mayor, I have one question.
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: Would you like to buy a cellular phone machine?
Vice Mayor Dawkins: OK. Thank you again.
THERE BEING NOTHING FURTHER TO DISCUSS ON THIS SUBJECT,
THE INFORMAL MEETING WAS CONCLUDED AT 2:43 P.M.
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