HomeMy WebLinkAboutCC 1994-06-09 MinutesOF MIAMI
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OF MEETING HELD ON JUNE 9, 1994
REGULAR -
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
OF MEETING HELD ON JUNE 9, 1994
REGULAR -
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
June 9, 1994
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 6/9/94
2. CONSENT AGENDA -- DIRECT M 94-366
ADMINISTRATION, IN THE FUTURE, TO M 94-367
SCHEDULE WITHDRAWN CONSENT AGENDA 6/9/94
ITEMS AS REGULAR ITEMS ON THE
NEXT AGENDA.
(A) BRIEF COMMENTS CONCERNING
PROPOSED RESOLUTION TO AUTHORIZE
PROFESSIONAL SERVICES AGREEMENT
WITH ARTHUR ANDERSEN & CO.,
CERTIFIED PUBLIC ACCOUNTS, WITH
PARTICIPATION OF WATSON & CO., TO
ANALYZE FINANCIAL VIABILITY OF
PROPOSALS SUBMITTED IN RESPONSE
TO RFP FOR VIRGINIA KEY BOATYARD
UDP. (See label 30)
(B) BRIEF COMMENTS CONCERNING
PROPOSED RESOLUTION TO RATIFY
SPECIAL CHARGES / TERMS /
CONDITIONS FOR USE OF BOBBY
MADURO MIAMI BASEBALL STADIUM
PARKING LOT BY C.C.A.L. CORP. FOR
PRESENTATION OF FLEA MARKETS.
(See label 29)
(C) BRIEF COMMENT AND DEFERRAL OF
PROPOSED RESOLUTION TO EXECUTE A
GRANT OF EASEMENT TO BELL SOUTH
TELECOMMUNICATIONS, INC., FOR USE
OF 500 SQUARE FEET OF LAND ON
MERRIE CHRISTMAS PARK, FOR
CONSTRUCTION / OPERATION /
MAINTENANCE OF TELECOMMUNICATIONS
ELECTRICAL EQUIPMENT AND
ASSOCIATED APPURTENANCES.
(D) BRIEF COMMENTS AND WITHDRAWAL
OF [CA-30] --- TO FACILITATE
FURTHER NEGOTIATIONS TO TAKE
PLACE.
(E) BRIEF DISCUSSION AND DEFERRAL
OF PROPOSED RESOLUTION TO ACCEPT
ACCEPT DONATION OF VACANT REAL
PROPERTY AT 1264 N.W. 31 STREET
(IN ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA) TO BE
USED FOR DEVELOPMENT OF LOW AND
MODERATE INCOME HOUSING.
1
2-16
2.1 PURCHASE ADDITIONAL HEAVY
EQUIPMEN UNDER EXISTING BID NO.
92-93-10..,: (a) 25 YARD REFUSE
PACKER -- FROM METRO -TECH
EQUIPMENT CORPORATION, AND (b)
CAB AND CHASSIS FOR A 25 YARD
REFUSE PACKER -- FROM WHITE GMC
OF PALM BEACH -- FOR DEPARTMENT
OF GSA AND SOLID WASTE --
ALLOCATE FUNDS FROM FY194
RECYCLING AND EDUCATION GRANT
(PROJECT 197006).
2.2 ACCEPT BID: SPACE MASTER
INTERNATIONAL, INC. -- FOR
FURNISHING ONE OFFICE TRAILER, TO
BE LOCATED AT VIRGINIA KEY YARD
WASTE COMPOSTING FACILITY -- FOR
DEPARTMENT OF GSA AND SOLID
WASTE -- ALLOCATE FUNDS FROM
FY'94 RECYCLING AND EDUCATION
GRANT FUND (PROJECT 197006).
2.3 ACCEPT BID: MANOLO HORTA
PAINTING -- FOR FURNISHING
PRESSURE CLEANING SERVICES TO
QUALIFIED CITY OF MIAMI
HOMEOWNERS -- FOR COMMUNITY
DEVELOPMENT DEPARTMENT -- OPTION
FOR EXTENSION OF CONTRACT SUBJECT
TO AVAILABILITY OF FUNDS.
2.4 ACCEPT BID: BOWNE OF MIAMI,
INC. -- FOR PRINTING / BINDING /
SHIPPING OF OFFICIAL STATEMENTS
FOR BOND FINANCING -- FOR
DEPARTMENT OF GSA AND SOLID
WASTE -- OPTION FOR EXTENSION OF
CONTRACT SUBJECT TO AVAILABILITY
OF FUNDS.
2.5 ACCEPT BID: RC ROOFING
CORPORATION -- FOR FURNISHING AND
INSTALLATION OF A GENSTAR ROOFING
SYSTEM AT PROPERTY MAINTENANCE
DIVISION BUILDING -- FOR
DEPARTMENT OF GSA AND SOLID
WASTE -- ALLOCATE FUNDS.
2.6 ACCEPT BID: BEST'S MAINTENANCE &
JANITORIAL -- FOR FURNISHING
CUSTODIAL MAINTENANCE SERVICES AT
THE SOLID WASTE FACILITY -- FOR
DEPARTMENT OF GSA AND SOLID
WASTE -- OPTION FOR EXTENSION OF
CONTRACT SUBJECT TO AVAILABILITY
OF FUNDS.
R 94-368
ri/94
R 94-369
6/9/94
R 94-370
6/9/94
R 94-371
6/9/94
R 94-372
6/9/94
R 94-373
6/9/94
16
17
18
18
ivt
W
2.7
ACCEPT BID: RECIO AND
R 94-374
ASSOCIATES -- FOR FURNISHING AND
6/9/94
INSTALLATION OF NINE ROYAL PALM
TREES AT LUMMUS PARK -- FOR
DEPARTMENT OF PARKS AND
RECREATION.
2.8
ACCEPT BID: ELECTRICAL
R 94-375
CONTRACTING SERVICE, INC. (TOTAL
6/9/94
BID) -- FOR PEACOCK PARK SPORT
LIGHTING PROJECT (CIP 331359) --
EXECUTE CONTRACT.
2.9
FUND THE DADE-MIAMI CRIMINAL
R 94-376
JUSTICE COUNCIL -- ALLOCATE
6/9/94
$35,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
2.10
RESCIND AWARD OF CAMERA CORNER
R 94-377
INC. -- FOR FURNISHING
6/9/94
PHOTOGRAPHIC CAMERAS AND
ACCESSORIES TO POLICE DEPARTMENT
(FOR FAILURE TO HOLD QUOTED
PRICES APPROVED UNDER R-94-
150) -- AWARD CONTRACT TO PHIL'S
CAMERA SERVICES.
2.11 RATIFY CITY MANAGER'S AWARDING OF R 94-378
BID TO UNISYS CORPORATION -- FOR 6/9/94
FURNISHING COMPUTER EQUIPMENT TO
UPGRADE EXISTING SYSTEM -- FOR
POLICE DEPARTMENT -- ALLOCATE
FUNDS FROM THE HIGH IMPACT DRUG
TRAFFICKING GRANT.
20
20
21
21
2.12 RATIFY CITY MANAGER'S EMERGENCY
R 94-379 22
ACTION IN DECLARING 64 PIECES OF
6/9/94
USED BEDDING AS CATEGORY "A"
SURPLUS STOCK AND DONATING SAME
TO BETTER WAY OF MIAMI, INC.
2.13 ESTABLISH SPECIAL CHARGES / TERMS
R 94-380 22
/ CONDITIONS FOR USE OF ORANGE
6/9/94
BOWL STADIUM BY FANTASMA
PRODUCTIONS, INC. -- FOR
PRESENTATION OF A CONCERT (JULY
24, 1994) -- EXECUTE AGREEMENT.
2.14 EXECUTE AGREEMENT WITH FANTASMA
R 94-381 23
PRODUCTIONS, INC. -- FOR A REBATE
6/9/94
OF NOVELTY CONCESSION REVENUE
DERIVED FROM THE EAGLES CONCERT
TO BE HELD AT ORANGE BOWL STADIUM
(JULY 24, 1994).
2.15
RATIFY CITY MANAGER'S
R 94-382 23
ESTABLISHMENT OF SPECIAL CHARGES
6/9/94
/ TERMS / CONDITIONS FOR USE OF
ORANGE BOWL STADIUM BY COPA
INTERCONTINENTAL DE LOS
STRIKERS -- FOR AN INTERNATIONAL
SOCCER GAME (MAY 29, 1994) --
EXECUTE AGREEMENT.
2.16
ESTABLISH SPECIAL CHARGES / TERMS
R 94-383 24
/ CONDITIONS FOR USE OF PORTION
6/9/94
OF ORANGE BOWL STADIUM BY MIAMI
MUNDIAL SPORTS GROUP, INC. -- FOR
SERIES OF SOCCER GAMES (DURING
JUNE 1, 1994 - MAY 31, 1995) --
EXECUTE AGREEMENT.
2.17
CLAIM SETTLEMENT: MARIA SORIANO
R 94-384 24
AND HER ATTORNEY, BRIAN S. KEIF,
6/9/94
P.A. ($9,375).
2.18
AUTHORIZE CITY MANAGER TO MAKE
R 94-385 25
PURCHASE OFFERS WITH OWNERS OF
6/9/94
THREE VACANT PARCELS OF LAND
WITHIN COMMUNITY DEVELOPMENT
TARGET AREAS (TOTAL PURCHASE
PRICE: $34,000) -- TO BE USED FOR
DEVELOPMENT OF AFFORDABLE HOUSING
FOR LOW AND MODERATE INCOME
FAMILIES IN CONNECTION WITH THE
SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP DEVELOPMENT
PROGRAM -- ALLOCATE FUNDS FROM
CDBG -- EXECUTE AGREEMENTS.
2.19
ACCEPT DONATION OF VACANT REAL
R 94-385.1 26
PROPERTY LOCATED AT 1264 N.W. 31
6/9/94
STREET IN ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA TO BE
USED FOR LOW / MODERATE INCOME
HOUSING.
2.20
SUPPORT ADMINISTRATION'S EFFORTS
R 94-386 26
TO SECURE FUNDING FOR DEVELOPMENT
6/9/94
OF A PEDESTRIAN ORIENTED TRANSIT
PLAZA -- TO BE LOCATED ON S.W. 15
AVENUE, BETWEEN S.W. 8 AND 9
STREETS (LITTLE HAVANA), LINKING
TOWER THEATER AND DOMINO PARK.
2.21
ACCEPT GRANT ($7,200) FROM
R 94-387
METROPOLITAN DADE COUNTY (UNDER
6/9/94
ITS TOURIST DEVELOPMENT ROOM TAX
PLAN) -- TO BE USED BY DEPARTMENT
OF PARKS AND RECREATION TO HOST
12TH ANNUAL YOUTH BASEBALL WORLD
SERIES AT BOBBY MADURO MIAMI
BASEBALL STADIUM (JULY 28 -
AUGUST 3, 1994) -- EXECUTE
NECESSARY DOCUMENT(S).
2.22
NEGOTIATE / EXECUTE REVOCABLE
R 94-388
PERMIT WITH OVERTOWN PARKWEST
6/9/94
CLEANERS, INC. -- FOR USE OF
SPACES 104 AND 108 IN THE
OVERTOWN SHOPPING CENTER (1490
N.W. 3 AVENUE).
3.
CITY COMMISSION EXPRESSES ITS
R 94-389
FULL SUPPORT OF METROPOLITAN DADE
6/9/94
COUNTY'S EMPOWERMENT ZONE
STRATEGIC PLAN.
4.
APPOINT / REAPPOINT INDIVIDUALS
R 94-390
TO SERVE AS ALTERNATE MEMBERS ON
6/9/94
THE CODE ENFORCEMENT BOARD.
(Appointed were: Rose Pujol and
Annette Eisenberg.)
5.
DISCUSSION CONCERNING RESIDENCY
DISCUSSION
REQUIREMENTS FOR BOARD /
6/9/94
COMMITTEE MEMBERS. (See label 7)
6.
(A) APPOINT TIMOTHY PRUNKA AND
M 94-391
ROBERT H. ZOELLER TO SERVE AS
R 94-391.1
MEMBERS OF THE DOWNTOWN
6/9/94
DEVELOPMENT AUTHORITY.
(B) APPOINT INDIVIDUALS TO SERVE
AS MEMBERS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY.
(Appointed were: Thomas R. Post,
Esq., Jeffrey Bercow, Esq., J.
Megan Kelly, Carol Ann Taylor,
Tony Alonso, Anthony Jackson, S.
Lawrence Kahn III, Lourdes (Lull)
Landis, Sergio Rok & Miriam
Lopez.) (See label 8)
27
27
28-34
34-35
35-36
37-42
7. (Continued) WAIVE RESIDENCY
R 94-392 42-45
REQUIREMENT (CONTAINED IN
6/9/94
ORDINANCE 11130) IN ORDER TO
PERMIT ELI FEINBERG, STEVE
SUAREZ, JULIO GONZALEZ-REBULL AND
BILL BAYER TO SERVE AS MEMBERS OF
THE MIAMI SPORTS AND EXHIBITION
j AUTHORITY BOARD. (See label 5)
I
8. (Continued) BRIEF DISCUSSION
DISCUSSION 45
CONCERNING THE STATE OF FLORIDA
6/9/94
CABINET AND METRO-DADE COUNTIES
APPOINTEES TO THE DDA. (See
label 6)
9. DISCUSSION CONCERNING FUNERAL /
DISCUSSION 46-48
MOTERCYCLE ESCORTS.
6/9/94
10.
PERSONAL APPEARANCE: MR. TONY
DISCUSSION 48-51
CLEMENTE, DIRECTOR, MIAMI-DADE
6/9/94
WATER AND SEWER AUTHORITY --
STATUS REPORT TO CITY COMMISSION
CONCERNING WASA DEVELOPMENTS AND
REPAIR WORKS.
11.
DISCUSSION CONCERNING: (a) NEEDED
DISCUSSION 52-61
REMOVAL OF SIGN AT 1240 N.W. 59
6/9/94
STREET; (b) NUISANCE ABATEMENT
BOARD; (c) PREVALENT CRIME AND
DRUG PROBLEMS -- REQUEST
ADMINISTRATION TO REPORT EVERY
MONDAY AS TO POLICE AND BUILDING
OWNER'S STEPS TAKEN IN CONNECTION
WITH THE EXISTING CRIME
SITUATION -- ADMINISTRATION TO
BRING ISSUE BACK IN 90 DAYS FOR
COMMISSION CONSIDERATION.
12.
(A) DISCUSSION CONCERNING SALE OF
DISCUSSION 61-67
CITY ASSETS.
6/9/94
(B) BRIEF COMMENTS CONCERNING
PROPOSED RESOLUTION TO ENTER INTO
AN AGREEMENT WITH METROPOLITAN
DADE COUNTY FOR SALE OF CERTAIN
CITY PROPERTY.
13.
PERSONAL APPEARANCE: LEONA HELEN
DISCUSSION 67-72
COOPER, ON BEHALF OF THE LOLA B.
6/9/94
WALKER'S HOMEOWNERS'
ASSOCIATION -- CONCERNING REQUEST
FOR REOPENING OF JEFFERSON
STREET, (BORDERED BY WASHINGTON
AVENUE AND CHARLES TERRACE) --
REFERRED TO CITY MANAGER --
SCHEDULE PUBLIC HEARING.
F.
61
14. DISCUSSION CONCERNING DEVELOPMENT DISCUSSION 72-77
OF A NEW CITY ADMINISTRATION 6/9/94
BUILDING IN THE GOVERNMENT CENTER
AREA -- DISCUSSION RESCHEDULED
FOR FIRST COMMISSION MEETING IN
JULY -- CITY ADMINISTRATION TO
COME BACK WITH RECOMMENDATION.
15. DIRECT ADMINISTRATION TO M 94-393 77-84
ADVERTISE PUBLIC HEARING TO 6/9/94
CONSIDER REQUEST FOR PAYMENT OF
ATTORNEY FEES BY COUNSEL FOR
FORMER POLICE OFFICER, WILLIAM
LOZANO -- DIRECT CITY ATTORNEY TO
PREPARE TWO RESOLUTIONS IN
ANTICIPATION OF DECISION BY THE
CITY COMMISSION, ONE RESOLUTION
GRANTING COUNSEL'S REQUEST FOR
PAYMENT OF FEES AND A SECOND
RESOLUTION DENYING SAID
REQUEST -- DIRECT VICE MAYOR
DAWKINS TO MEET WITH LUCIA
DOUGHERTY, ESQ., FORMER FOP
PRESIDENT, AL COTERA, AND THE
CITY ATTORNEY AND TO COME BACK
WITH A RECOMMENDATION FOR FURTHER
CONSIDERATION AND ULTIMATE
DECISION BY THE CITY COMMISSION.
16. APPROVE NEW LICENSE AGREEMENT M 94-394 85-86
WITH THE DADE COUNTY SCHOOL BOARD 6/9/94
FOR ITS USE OF SIX CITY OF MIAMI
PLAYGROUNDS LOCATED ADJACENT TO
ELEMENTARY SCHOOLS -- THE
RENEGOTIATED AGREEMENTS
EFFECTIVELY INCREASE THE
PERCENTAGE REIMBURSEMENT TO THE
CITY BY 22%, FOR A TOTAL OF 82%
REIMBURSEMENT OF CITY COSTS.
17.
(A) DISCUSSION CONCERNING
DISCUSSION 87-93
REAPPOINTMENT / AWARD OF PROPOSED
6/9/94
SALARY / BENEFITS PACKAGE FOR
RAFAEL 0. DIAZ, ESQ., DEPUTY CITY
ATTORNEY, AND JOEL MAXWELL, ESQ.,
DEPUTY CITY ATTORNEY -- DEFER
DISCUSSION UNTIL BUDGET TIME.
(See label 19)
(B) (Continued) VICE MAYOR
DAWKINS SEEKS CLARIFICATION FROM
THE CITY COMMISSION CONCERNING
PRIOR MOTION DIRECTING HIM, LUCIA
DOUGHERTY AND AL COTERA TO MEET
CONCERNING COUNSEL'S REQUEST FOR
PAYMENT OF PROFESSIONAL FEES FOR
THE DEFENCE OF FORMER POLICE
OFFICER WILLIAM LOZANO, AND TO
COME BACK WITH A RECOMMENDATION
PRIOR TO THE CITY COMMISSION'S
FINAL DECISION ON THIS ISSUE.
18.
(A) BRIEF COMMENTS CONCERNING
DISCUSSION 94-95
PROPOSED AMENDMENT TO ORDINANCE
6/9/94
11130 CONCERNING COCONUT GROVE
PARKING ADVISORY COMMITTEE AND
OFF-STREET PARKING AUTHORITY --
NO ACTION TAKEN.
(B) BRIEF COMMENTS CONCERNING
PROPOSED PURCHASE OF PROPERTY
NEXT TO THE BARNACLE PROPERTY.
19.
BRIEF COMMENTS CONCERNING CITY
DISCUSSION 96-99
ATTORNEY, A. QUINN JONES'
6/9/94
APPOINTMENT OF JOEL MAXWELL,
ESQ., AS DEPUTY CITY ATTORNEY.
(See label 17A)
20.
RATIFY CITY MANAGER'S FINDING OF
R 94-395 99-100
SOLE SOURCE -- WAIVE COMPETITIVE
6/9/94
SEALED BIDS -- APPROVE
ACQUISITION OF A MICROFILM READER
/ PRINTER FROM INFORMATION
MANAGEMENT OF FLORIDA -- FOR
POLICE DEPARTMENT -- ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST
FUND (LETF).
21.
RATIFY CITY MANAGER'S FINDING OF
R 94-396
SOLE SOURCE -- WAIVE COMPETITIVE
6/9/94
SEALED BIDS -- APPROVE
ACQUISITION OF MAINTENANCE
i
SERVICES FOR THE IMTEC 35MM
MICROFILM CAMERA FROM INFORMATION
MANAGEMENT OF FLORIDA WITH OPTION
FOR EXTENSION OF CONTRACT SUBJECT
TO AVAILABILITY OF FUNDS -- FOR
DEPARTMENT OF PLANNING, BUILDING
AND ZONING.
22.
RATIFY CITY MANAGER'S EMERGENCY
R 94-397
ACTION -- WAIVE COMPETITIVE
6/9/94
SEALED BIDS -- FOR REPAIR OF THE
AERIAL 24 RESPONSE VEHICLE FROM
CASSO'S PAINT & BODY REPAIR
FOR FIRE -RESCUE DEPARTMENT.
23.
PERSONAL APPEARANCE: MR. NESTOR
DISCUSSION
RODRIGUEZ -- REQUEST FEE WAIVER
6/9/94
FOR USE OF GUSMAN CENTER IN
CONNECTION WITH THE FIFTH
AMERICAN NATIONAL CHOPIN PIANO
COMPETITION (MARCH, 1995) --
REFER TO DEPARTMENT OF OFF-STREET
PARKING -- SUGGEST REQUEST BE
1
PROVIDED TO ADMINISTRATION IN
WRITING DURING CONSIDERATION FOR
NEXT BUDGET CYCLE.
24.
GRANT REQUEST BY REPRESENTATIVES
R 94-398
OF THE "MIAMI / BAHAMAS GOOMBAY
6/9/94
FESTIVAL IN COCONUT GROVE, INC."
FOR DESIGNATED PERMITS AND
APPLICABLE FEE WAIVER CONCERNING
ITS RECENT EVENT ALONG GRAND
AVENUE -- APPROVE $10,000 FEE
WAIVER PROVIDED THEY BACK TO 32
AVENUE NEXT YEAR.
25.
COMMISSIONER PLUMMER CRITICIZES
DISCUSSION
COMMITTEE ON ECOLOGY AND
6/9/94
BEAUTIFICATION COMMITTEE FOR
THEIR PLANNING A BEAUTIFUL,
LOVELY PARTY AT THE SURF CLUB AT
MIAMI BEACH, OUTSIDE CITY OF
MIAMI LIMITS.
100-101
101-103
103-104
105-107
107
w
26. (A) DECLARE CITY OF MIAMI AS
SYMBOLIC CAPITAL OF THE CUBANS IN
EXILE, AND LITTLE HAVANA AS THEIR
CULTURAL AND HISTORIC ENCLAVE.
(B) DECLARE CITY OF MIAMI AS
SYMBOLIC CAPITAL OF THE HAITIANS
IN EXILE, AND LITTLE HAITI AS
THEIR CULTURAL AND HISTORIC
ENCLAVE.
27. GRANT REQUEST FROM
REPRESENTATIVES OF THE SHORECREST
HOMEOWNERS` ASSOCIATION, INC. FOR
FEE WAIVER CONCERNING PROPOSED
INTER -TRIBAL INDIAN FESTIVAL TO
BE HELD AT LEGION PARK (DECEMBER
1-4, 1994) -- SUBJECT TO CITY
BEING REIMBURSED IF GROUP MAKES
ANY PROFIT FROM SAID EVENT.
28. EMERGENCY ORDINANCE: ESTABLISH
INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL
REVENUE FUND: HIDTA HOOKEN --
ACCEPT GRANT ($50,787) FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF
JUSTICE PROGRAMS -- EXECUTE.
NECESSARY DOCUMENT(S).
29. (A) (Continued) RECONSIDER PRIOR
M-94-366, WHICH HAD DEFERRED
AGENDA ITEM CA-22 (REGARDING
RATIFICATION OF SPECIAL CHARGES
FOR USE OF THE BOBBY MADURO
BASEBALL STADIUM PARKING LOT BY
C.C.A.L. CORPORATION FOR FLEA
MARKET).
(B) RATIFY SPECIAL CHARGES /
TERMS / CONDITIONS FOR USE OF
BOBBY MADURO MIAMI BASEBALL
STADIUM PARKING LOT BY C.C.A.L.
CORPORATION FOR PRESENTATION OF
FLEA MARKETS (WEEKENDS DURING
JUNE 11 1994 - MAY 31, 1995), AS
MODIFIED. (See label 2B)
R 94-399
R 94-399.1
6/9/94
R 94-400
6/9/94
ORDINANCE
11156
6/9/94
M 94-401
R 94-401.1
6/9/94
108-111
116-118
119-126
30.
(Continued) (Continued) AUTHORIZE
R 94-402 126-128
CITY MANAGER TO ENTER INTO
6/9/94
PROFESSIONAL SERVICES AGREEMENT
WITH ARTHUR ANDERSEN & CO.,
CERTIFIED PUBLIC ACCOUNTANTS,
WITH THE PARTICIPATION OF
MINORITY FIRM OF WATSON & CO. --
TO ANALYZE FINANCIAL VIABILITY OF
PROPOSALS SUBMITTED IN RESPONSE
TO RFP FOR VIRGINIA KEY BOATYARD
UDP. (See label 2A)
31.
EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE 128-129
CHAPTER 54 (STREETS AND
11157
SIDEWALKS) AMEND SECTION 54-104
6/9/94
(NONSTANDARD STREET WIDTHS) --
MODIFY WIDTH OF N.W. 9 STREET
BETWEEN N.W. 1 AND 2 AVENUES.
32.
BRIEF COMMENTS ON PREVIOUSLY
DISCUSSION 130
WITHDRAWN AGENDA ITEM 24
6/9/94
[PROPOSED EMERGENCY ORDINANCE TO
AMEND CODE SECTION 38-9 (PARK
FEES FOR USE OF VIRGINIA KEY
PARK)] -- DIRECT CITY ATTORNEY TO
BRING BACK PROPOSED LEGISLATION
WITH LANGUAGE PROVIDING FOR TWO
DIFFERENT SETS OF FEES: (a) ONE
APPLICABLE TO CITY RESIDENTS; AND
(b) ONE APPLICABLE TO COUNTY
RESIDENTS.
33.
SECOND READING ORDINANCE:
ORDINANCE 131
ESTABLISH NEW SPECIAL REVENUE
11158
FUND: EMERGENCY SHELTER GRANT
6/9/94
(FY194) -- APPROPRIATE $368,000
FROM U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT 1994
EMERGENCY SHELTER GRANT.
34.
SECOND READING ORDINANCE: AMEND
ORDINANCE 132
CODE SECTION 2-48 -- PROVIDE THAT
11159
CITY CLERK SHALL BE RESPONSIBLE
6/9/94
FOR ADMINISTRATION OF THE CITY'S
ARCHIVES AND RECORDS MANAGEMENT
PROGRAM -- DESIGNATE CITY CLERK
AS OFFICIAL CUSTODIAN OF PUBLIC
RECORDS AND RESPONSIBILITY OF
CITY OFFICIALS AND EMPLOYEES WITH
RESPECT THERETO -- PROVIDE FOR
DUTIES OF CITY CLERK, CITY
DEPARTMENTS.
' 35.
INSTRUCT CITY ATTORNEY TO DRAFT
M 94-403 133-146
PROPOSED ORDINANCE TO REGULATE
6/9/94
VENDORS' ACTIVITY IN THE COCONUT
GROVE SPECIAL VENDING DISTRICT,
PROVIDING FOR: (a) ESTABLISHMENT
OF A FEE; (b) A ROTATION SYSTEM
OF VENDING SITES; (c) THE
REVOCATION OF A VENDING PERMIT
AFTER 3 VIOLATIONS ARE INCURRED;
ESTABLISH REQUIREMENT FOR
LIABILITY INSURANCE; (d) ASSIGN
REGULATION ENFORCEMENT TO THE
NET.
36.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 147-149
OF PROPOSED SECOND READING
6/9/94
ORDINANCE TO AMEND 11139, BY
ESTABLISHING APPROPRIATIONS
($2,000,000) FOR CAPITAL
IMPROVEMENT PROJECT ENTITLED:
WATSON ISLAND SANITARY SEWERS.
37.
SECOND READING ORDINANCE: AMEND
ORDINANCE 149-151
CODE SECTION 53-161 -- CHANGE
11160
RATE SCHEDULE FOR USE AND
6/9/94
OCCUPANCY OF THE MIAMI CONVENTION
i
CENTER.
I
38.
AUTHORIZE ACCEPTANCE OF A HOME
R 94-404 151-152
INVESTMENT PARTNERSHIP'S PROGRAM
6/9/94
(HOME PROGRAM) FROM U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) IN THE AMOUNT
OF $3,757,000 FOR THE DEVELOPMENT
OF LOW / VERY LOW INCOME FAMILIES
HOUSING -- APPROVE GUIDELINES AND
IMPLEMENTATION OF HOME PROGRAM --
EXECUTE AGREEMENTS.
39. (A) FIRST READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: FEDERAL HOME INVESTMENT
PARTNERSHIP GRANT PROGRAM (THIRD
YEAR) -- APPROPRIATE $3,757,000,
AS APPROVED BY DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR IMPLEMENTATION OF
THE HOME INVESTMENT PARTNERSHIP
PROGRAM.
(B) DIRECT CITY MANAGER TO
RESERVE $2,000,000 OUT OF THE
$3,757,000 FEDERAL HOME
INVESTMENT PARTNERSHIP GRANT
PROGRAM (THIRD YEAR) IN ORDER TO
ESTABLISH A SINGLE FAMILY HOME
OWNERSHIP PROGRAM TO BUILD SINGLE
FAMILY HOMES AT A COST NOT TO
EXCEED $60,000 PER HOME.
40. ESTABLISH NINE (9) NEW SPECIAL
REVENUE FUNDS: (1) JTPA TITLE II
/ OLDER WORKER (PY'94); (2) JTPA
TITLE IIA / NEIGHBORHOODS JOBS
PROGRAM (PY'94); (3) JTPA TITLE
IIC / NEIGHBORHOODS JOBS PROGRAM
(PY'94); (4) JTPA TITLE III
PAN/AM DISLOCATED WORKERS PROGRAM
(PY'94); (5) JTPA TITLE III /
EASTERN AIRLINES DISLOCATED
WORKERS PROGRAM (PY'94); (6) DHRS
/ RCA (PY'95); (7) JTPA TITLE III
DISLOCATED WORKERS PROGRAM
(PY'94); (8) JTPA TITLE IIB
SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (PY'94), AND (9)
OFFICE OF INTERGOVERNMENTAL
LIAISON (PY'94) -- APPROPRIATE
FUNDS FROM U.S. DEPARTMENT OF
LABOR GRANT AWARDS -- EXECUTE
NECESSARY AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
41. FIRST READING ORDINANCE: AMEND
CODE CHAPTER 2 (ADMINISTRATION),
BY AMENDING SECTION 2-409
(SCHEDULE OF CIVIL PENALTIES) --
INCREASE DOLLAR AMOUNT OF CIVIL
PENALTY FOR VIOLATION OF THEE USE
OF STREET / SIDEWALK FOR THE
ADVERTISING / DISPLAY / PLACEMENT
OF SIGNS ON STREET AND/OR
SIDEWALK SURFACE.
w
M 94-405
ORDINANCE
FIRST
READING
6/9/94
ORDINANCE
FIRST
READING
6/9/94
ORDINANCE
FIRST
READING
6/9/94
153-159
159-160
160-162
w
42. ALLOW VIRGINIA KEY MARINA R 94-406
PARTNERSHIP, INC. TO CONTINUE 6/9/94
PRESENT USE OF THE AREA GOVERNED
BY CONCESSION AGREEMENT (DATED
MAY 19, 1978) WITH MARINE STADIUM
ENTERPRISES, INC., WITH PROVISOS.
43. AUTHORIZE BAYFRONT PARK R 94-407
MANAGEMENT TRUST TO CLOSE 6/9/94
BICENTENNIAL PARK TO THE GENERAL
PUBLIC, EXCEPT ON SCHEDULED EVENT
DAYS, FOR A PERIOD OF 120 DAYS,
TO ALLOW FOR THE REPAIR OF THE
PARK'S INFRASTRUCTURE.
44. ALLOCATE AN ADDITIONAL $30,000 R 94-408
(FROM CITY MANAGER'S 6/9/94
DISCRETIONARY BUDGET) FOR
BAYFRONT PARK MANAGEMENT TRUST TO
ENABLE THE TRUST TO HIRE FULLTIME
PARK PERSONNEL TO MONITOR
ACTIVITY IN BICENTENNIAL PARK
DURING ITS HOURS OF OPERATION.
45. AUTHORIZE EXPENDITURE OF $70,000 R 94-409
FROM CAPITAL IMPROVEMENT 6/9/94
PROGRAM -- FOR INSTALLATION OF
SEMI PERMANENT FENCING FOR THE
SOUTH END OF BAYFRONT PARK.
46. EXECUTE INDIVIDUAL CONTRACTUAL R 94-410
AGREEMENTS WITH TEN NEIGHBORHOOD 6/9/94
ECONOMIC DEVELOPMENT
ORGANIZATIONS: (1) ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY,
INC.; (2) COCONUT GROVE LOCAL
DEVELOPMENT CORPORATION, INC.;
(3) DOWNTOWN MIAMI PARTNERSHIP,
INC.; (4) EDGEWATER ECONOMIC
DEVELOPMENT CORPORATION, INC.;
(5) GREATER BISCAYNE BOULEVARD
CHAMBER OF COMMERCE, INC.; (6)
HUMAN SERVICES, PIERRE TOUSSAINT;
(7) LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC.; (8) MARTIN
LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC.; (9) SMALL
BUSINESS OPPORTUNITY CENTER,
INC., AND (10) ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. --
IN ORDER TO IMPLEMENT A
NEIGHBORHOOD ECONOMIC DEVELOPMENT
PROGRAM -- ALLOCATE FUNDS FROM
20TH YEAR CDBG.
162-177
177-179
179-180
180
181-184
47.
EXECUTE AGREEMENT WITH MIAMI
R 94-411 185-186
CAPITAL DEVELOPMENT INC. (MCDI)
6/9/94
IN ORDER TO MAINTAIN MDCI'S
REVOLVING LOAN FUND PROGRAM AND
ADMINISTRATIVE PROCEDURES --
ALLOCATE FUNDS FROM 20TH YEAR
CDBG.
48.
EXECUTE AGREEMENT WITH THE
R 94-412 186-187
BAKEHOUSE ARTS COMPLEX, INC.
6/9/94
(SAC) -- PROVIDE FOR A $40,000
GRANT, TO BE SECURED BY A
MORTGAGE, FOR RENOVATIONS /
PURCHASE OF PARTS FOR EXISTING
ELEVATOR AT BAC -- ALLOCATE FUNDS
FROM 20TH YEAR CDBG.
49.
AUTHORIZE EXECUTION OF THE
R 94-413 187-188
CONFIRMATIONS OF SUBORDINATION OF
6/9/94
MORTGAGE, THEREBY SUBORDINATING
TO THE EXISTING FIRST MORTGAGE
EXTENSION FROM FIRST UNION
NATIONAL BANK OF MIAMI, THE THIRD
AND FOURTH MORTGAGES HELD BY THE
CITY SECURING A $204,000
INDEBTEDNESS ON THE REAL PROPERTY
I
OWNED BY THE BAKEHOUSE ART
f
COMPLEX.
50.
EXECUTE INDIVIDUAL CONTRACTUAL
R 94-414 189-192
AGREEMENTS WITH TEN NEIGHBORHOOD
6/9/94
BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS: (1)
ALLAPATTAH BUSINESS DEVELOPMENT;
(2) CODEC, INC.; (3) EDGEWATER
ECONOMIC DEVELOPMENT CORPORATION;
(4) EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION; (5)
GREATER MIAMI NEIGHBORHOODS,
INC.; (6) LITTLE HAITI HOUSING
ASSOCIATION; (7) ST. JOHN
COMMUNITY DEVELOPMENT
CORPORATION; (8) FLORIDA HOUSING
COOPERATIVE, INC.; (9) TACOLCY
ECONOMIC DEVELOPMENT CORPORATION,
AND (10) RAFAEL HERNANDEZ HOUSING
AND ECONOMIC DEVELOPMENT
CORPORATION -- IN ORDER TO
PROMOTE DEVELOPMENT OF HOUSING
AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES / INDIVIDUALS --
ALLOCATE FUNDS FROM 20TH YEAR
CDBG.
a
51.
(Continued) FURTHER CLARIFYING
DISCUSSION 192-193
COMMENTS CONCERNING CITY
6/9/94
COMMISSION DIRECTIVE TO ADVERTISE
PUBLIC HEARING IN CONNECTION WITH
COUNSEL'S REQUEST FOR PAYMENT OF
FEES IN CONNECTION WITH DEFENSE
OF FORMER POLICE OFFICER WILLIAM
LOZANO. (See labels 15 & 17-B)
52.
DIRECT CITY ATTORNEY TO DRAFT
R 94-415 194-195
PROPOSED CHARTER AMENDMENT(S) FOR
6/9/94
A SPECIAL ELECTION TO BE HELD
NOVEMBER 8, 1994, PROPOSING
MODIFICATIONS TO THE EXISTING
PROCESS OF: (1) IMPLEMENTING
UNIFIED DEVELOPMENT PROJECTS
(UDP); (2) HANDLING PROTESTS
FILED BY AGGRIEVED PARTIES IN
REGARD TO SAID PROJECTS; AND (3)
REGARDING CONTEMPLATION OF SALES
OR LEASES OF CITY -OWNED PROPERTY.
53.
RATIFY EMERGENCY ACTION OF CITY
R 94-416 195-196
MANAGER IN THE PURCHASE OF A
6/9/94
TURNKEY FIRE STATION ALERTING
SYSTEM (ON A LEASE / PURCHASE
BASIS) FROM MOTOROLA
COMMUNICATIONS ELECTRONIC,
INC. -- FOR FIRE -RESCUE
DEPARTMENT -- AUTHORIZE EXECUTION
OF AGREEMENT.
54.
PROTEST BY D.M. CONSTRUCTION OF
R 94-417 196-199
SOUTH FLORIDA, INC. IN CONNECTION
6/9/94
WITH BID NO. 93-94-080, LOCAL
DRAINAGE PROJECT E-70.
55.
ENTER INTO EXPERIMENTAL SHORT
R 94-418 199-200
TERM CONTRACT WITH KIMMINS
6/9/94
RECYCLING CORPORATION -- FOR
TRANSPORTATION OF YARD WASTE AND
NON-PUTRESCIBLE WASTE TO THE
KIMMINS RECYCLING FACILITY.
56.
AUTHORIZE PURCHASE OF OFFICE
R 94-419 200-203
FURNITURE (UNDER EXISTING DADE
6/9/94
COUNTY BID NO. 1072-1/95) FROM
CAMILO OFFICE FURNITURE AT A
TOTAL COST OF $200,000 FOR THE 62
STREET POLICE SUBSTATION.
57.
PURCHASE TWO VA -CON 16 CUBIC YARD
R 94-420
203-204
COMBINATION HIGH PRESSURE JET AND
6/9/94
VACUUM SEWER CLEANERS (UNDER CITY
OF LAUDERHILL BID) FROM SOUTHERN
SEWER EQUIPMENT SALES
CORPORATION -- FOR PUBLIC WORKS
DEPARTMENT -- ALLOCATE FUNDS FROM
CIP 352285.
58.
ACCEPT BID: HORIZON CONTRACTORS,
R 94-421
204-205
INC. -- FOR LOCAL DRAINAGE
6/9/94
PROJECT E-70 B-5609 -- ALLOCATE
FUNDS FROM CIP 352285 -- EXECUTE
CONTRACT.
59.
ACCEPT BID: BANNERMAN
R 94-422
206
LANDSCAPING, INC. -- FOR
6/9/94
ALLAPATTAH SIDEWALK REBUILDING
(IMPACT FEE PROJECT) B-4565 --
ALLOCATE FUNDS FROM CIP 341200 --
EXECUTE CONTRACT.
60.
UPHOLD DECISION OF THE HISTORIC
R 94-423
207-214
AND ENVIRONMENTAL PRESERVATION
6/9/94
BOARD, WHICH DENIED AN APPEAL AND
UPHELD THE COCONUT GROVE NET
OFFICE'S DENIAL OF A TREE REMOVAL
PERMIT FOR THE REMOVAL OF AN OAK
TREE AT 2129 TIGERTAIL AVENUE.
(Appellant: Dr. Neil Fisher.)
(See label 65)
61.
DECLARE THAT THE CITY OF MIAMI
R 94-424
215-221
COMMISSION SHALL HAVE FULL
6/9/94
CONTROL OF ALL PLANNING AND
ACTIVITIES LEADING TOWARD MIAMI
CENTENNIAL CELEBRATION IN 1996 --
CITY MANAGER DESIGNATES ANGELA
BELLAMY AS STAFF LIAISON FOR SAID
PROJECT.
62.
COMMISSIONER PLUMMER AGAIN
DISCUSSION
221-224
REQUESTS FROM CITY MANAGER A
6/9/94
STATUS REPORT ON THE ST. HUGH
OAKS PROJECT.
63.
DECLARE PERIOD OF JUNE 5TH
R 94-425
224-225
THROUGH JUNE 11, 1994 AS: SAFE
6/9/94
BOATING WEEK.
64.
DIRECT CITY MANAGER TO
R 94-426
225-226
IMMEDIATELY COMMENCE RENOVATIONS
6/9/94
AT ATHALIE RANGE PARK AND IF
NECESSARY, MAKE A FINDING THAT AN
EMERGENCY EXISTS -- ALLOCATE: (a)
$36,000 FROM CIP 331070 (RANGE
PARK RENOVATIONS); AND (b)
$60,000 FROM 20TH YEAR CDBG.
65.
(Continued) ADDITIONAL COMMENTS
DISCUSSION
227-228
BY DR. NEIL FISHER CONCERNING HIS
6/9/94
APPEAL OF A HISTORIC PRESERVATION
BOARD DECISION FORBIDDING HIM TO
HAVE AN OAK TREE REMOVED FROM HIS
PROPERTY AT 2129 TIGERTAIL AVENUE
DUE TO SAID TREE HAVING CAUSED
ACTUAL STRUCTURAL DAMAGE TO HIS
PROPERTY. (See label 60)
66.
AUTHORIZE MANAGER TO EXPEND
R 94-427
228-229
$250,000 TO REPAIR THE CITY'S
6/9/94
PARKING GARAGE FOR THE POLICE
DEPARTMENT.
67.
INSTRUCT CITY MANAGER TO
M 94-428
229-231
NEGOTIATE WITH INDIVIDUALS FROM
6/9/94
TELEVISION CHANNEL 9 FOR
EFFECTIVE PROGRAMMING TO MAXIMIZE
USE OF SAID CHANNEL --
INVESTIGATE POSSIBILITY OF
IDENTIFYING CORPORATE SPONSORSHIP
CONCERNING ADVERTISING ON CHANNEL
9.
68.
ENTER INTO CONTRACT FOR
R 94-429
232-243
ACQUISITION OF RESIDENTIAL
6/9/94
PROPERTY AT 168-200 S.W. 32 ROAD,
3200-3202 S.W. 2 AVENUE, AND
1100-1139 S.W. 22 TERRACE (TRACT
A. VIZCATRAN GARDEN).
69.
AMEND 94-333 -- AUTHORIZE
R 94-430
243-244
DONATION OF SURPLUS CITY VEHICLE
6/9/94
TO THE MODEL CITY SUBCOUNCIL.
70.
URGE ORANGE BOWL COMMITTEE NOT TO
R 94-431
244-246
MOVE THE ORANGE BOWL CLASSIC
6/9/94
FOOTBALL GAME TO THE JOE ROBBIE
STADIUM.
P
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of June, 1994, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:01 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Certificate of Appreciation: Angel Rigueras -- Top Winner in The Do The Right
Thing Award (May,1994).
(B) Condolences to family and friends of Roger Williams, who will be remembered for
his lifelong commitment to Brownsville and his concern for the community.
(C) Proclamation: Esther C. Vidaurreta, retired teacher from Charles R. Hadley
Elementary School.
NOTE FOR THE RECORD: At this point, agenda items CA-30
and 24 were withdrawn. Prior to the beginning of the meeting,
Administration had withdrawn the.following agenda items: CA-8,
CA-14, CA-15, CA-17, CA-26, 17,- 30 & 35.
1 June 9, 1994
----------------------------------------------------------------------------------------------------------------
2. CONSENT AGENDA -- DIRECT ADMINISTRATION, IN THE
FUTURE, TO SCHEDULE WITHDRAWN CONSENT AGENDA ITEMS
AS REGULAR ITEMS ON THE NEXT AGENDA.
(A) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO
AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH
ARTHUR ANDERSEN & CO., CERTIFIED PUBLIC ACCOUNTS,
WITH PARTICIPATION OF WATSON & CO., TO ANALYZE
FINANCIAL VIABILITY OF PROPOSALS SUBMITTED IN
RESPONSE TO RFP FOR VIRGINIA KEY BOATYARD UDP. (See label
30)
(B) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO
j RATIFY SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF
BOBBY MADURO MIAMI BASEBALL STADIUM PARKING LOT BY
j C.C.A.L. CORP. FOR PRESENTATION OF FLEA MARKETS. (See label
29)
(C) BRIEF COMMENT AND DEFERRAL OF PROPOSED RESOLUTION
TO EXECUTE A GRANT OF EASEMENT TO BELL SOUTH
TELECOMMUNICATIONS, INC., FOR USE OF 500 SQUARE FEET OF
LAND ON MERRIE CHRISTMAS PARK, FOR CONSTRUCTION /
OPERATION / MAINTENANCE OF TELECOMMUNICATIONS
ELECTRICAL EQUIPMENT AND ASSOCIATED APPURTENANCES.
(D) BRIEF COMMENTS AND WITHDRAWAL OF [CA-30] --- TO
FACILITATE FURTHER NEGOTIATIONS TO TAKE PLACE.
(E) BRIEF DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION
TO ACCEPT ACCEPT DONATION OF VACANT REAL PROPERTY
AT 1264 N.W. 31 STREET (IN ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA) TO BE USED FOR
DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Manager, we're going to proceed with the consent agenda.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: The consent now is 14, 15, and 17.
IMr. Odio: Eight, eight.
Mayor Clark: On the consent agenda.
Mr. Odio: Yes, sir. CA-8.
Mayor Clark: Name those numbers again.
Mr. Odio: OK. CA-8.
Mayor Clark: Eight.
Mr. Odio: Fourteen.
Mayor Clark: Fourteen.
2 June 9, 1994
Mr.Odio: Fifteen.
Mayor Clark: Fifteen.
Mr.Odio: Seventeen.
Mayor Clark: Seventeen.
Mr.Odio: Twenty-five.
Vice Mayor Dawkins: Seventeen?
Mayor Clark: Yes, sir.
Mr. Odio: And 30.
Mayor Clark: Thirty.
Vice Mayor Dawkins: I want to withdraw 16 and 18 - no, not 18. Sixteen...
Mayor Clark: Keep this up, we won't have a meeting today.
Vice Mayor Dawkins: OK. Well...
Mayor Clark: CA-16 is authorizing the services of the Virginia Key Boatyard?
Vice Mayor Dawkins: Twenty-five and 27.
Commissioner Plummer: Excuse me, Miller. Did you pull 16 and 18?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: What other item?
Vice Mayor Dawkins: Twenty-five. That's all.
Commissioner Gort: That's the consent agenda?
Commissioner Plummer: No, regular agenda, right?
Vice Mayor Dawkins: No, it's consent.
Mr.Odio: Consent.
Commissioner Plummer: Sixteen...
Mayor Clark: Eighteen and 25.
Vice Mayor Dawkins: Twenty-five, 16...
Mayor Clark: Eighteen.
Vice Mayor Dawkins: And 18.
3
June 9, 1994
'ew
Commissioner Plummer: Eighteen and 25.
Mayor Clark: Yes, sir. All right. Are there any corrections or additions on those items? Read
your speech, J.L.
Commissioner Plummer: Mr. Mayor, hold on. I'm still trying to catch up.
Mayor Clark: Now, on item number 16, Mr. Dawkins, we have one bid in.
Commissioner Plummer: On 16. Is that consent or regular?
Mr. Odio: Consent.
Mayor Clark: If he withdraws item 16, there's no action today on the Virginia Key?
Mr. Odio: No, sir, we couldn't. We need these services to be able to analyze the proposal so we
can bring it back, so we can have time to put it in the... We have to go to the public referendum.
Mayor Clark: So he's withdrawing 16. That doesn't damage that position.
Mr. Odio: We would have to bring that back in the next meeting, that we could not have a
recommendation until July. I don't know if that would get us off the ballot in September.
Commissioner Plummer: Well, you got a September, October and November ballot, right?
A. Quinn Jones, III, Esq. (City Attorney): No. If you do a Charter...
Commissioner Plummer: No, no, the referendum.
Mr. Odio: For the boatyard proposal...
Commissioner Plummer: On the boatyard.
Mr. Odio: ... we only had one bid, so it has to go out, referendum.
Mayor Clark: What's the latest date, Mr. Jones, that we have to...
Commissioner Plummer: Forty-five days, isn't it?
Mayor Clark: Forty-five days?
Commissioner Plummer: Isn't it forty-five days?
Mr. Jones: Let me check, Mr. Mayor.
Commissioner Plummer: Well, could I ask my blue brother, is it the firm that's the problem, or
is there another problem?
Vice Mayor Dawkins: Another problem.
Commissioner Plummer: OK. And I guess we ought to ask the question. I read about, in the
Miami Today, that there's been a lawsuit filed.
4 June 9, 1994
Auk
Mr. Odio: We have not received any documents about any lawsuit.
Commissioner Plummer: OK. Well, you need to read Miami Today. They said that...
Mr. Odio: Well, they may be wrong, you know. We have not received...
Commissioner Plummer: I didn't say that it was factual. I just said you ought to read the article.
Mr. Odio: I did, but they are wrong. We have not been served.
Mayor Clark: We haven't been served.
Commissioner Plummer: OK. That's...
Mayor Clark: You want to withdraw that, right?
Vice Mayor Dawkins: Withdraw it, Mr. Mayor.
Mayor Clark: Sir?
Vice Mayor Dawkins: Withdraw it, 16.
Commissioner Plummer: Now, let me go back through the consent.
Mayor Clark: OK. With those corrections.
Vice Mayor Dawkins: All right.
Mayor Clark: Any other corrections? Yes, sir, Commissioner.
Commissioner Gort: I'd like to pull item 22 and 30, and discuss it.
Vice Mayor Dawkins: Twenty-two and 30, sir?
Commissioner Gort: Yes, sir.
Commissioner Plummer: Of the consent?
Commissioner Gort: Of the consent agenda.
Commissioner Plummer: OK, 22.
Mayor Clark: Are you keeping track of this, Cesar?
Commissioner Plummer: Twenty-two and what?
Commissioner Gort: Thirty.
Mayor Clark: Can we go down through again now, start at number 1 and find out how many
have been withdrawn or deferred?
Mr. Odio: Prior to the distribution, CA-14 and CA-15. After the distribution, CA-8, and CA-17,
CA-25, and...
5 June 9, 1994
Mayor Clark: CA-30.
Mr. Odio: CA-30. Now, Commissioner Dawkins has withdrawn CA-16, CA-18 and CA-25.
Mayor Clark: Mr. Gort asked to withdraw 22 and 30. Thirty is already on the list.
Commissioner Plummer: Mr. Mayor, if I may just...
Commissioner Gort: No, I don't want to withdraw it, I want to discuss it.
Commissioner Plummer: Discuss. He's pulled it.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, we had a policy here that we maybe want to give
consideration to and go back to, and that is that when we went to a consent agenda, which was
hopefully to expedite a great number at one vote, that if any item was pulled from the consent
agenda, that it was automatically carried over to the next meeting as a regular agenda item,
without discussion. So I'm just saying that maybe we might want to go back to that, to try to,
you know, that we would try to expedite our meetings, which you have done a tremendous job
with, to consider that as a... once again, bringing back up a policy that we...
Mayor Clark: If it's pulled, they go back on the regular agenda at the next meeting.
Commissioner Plummer: That automatically, sir, they would go back as an agenda item at the
next meeting.
Mayor Clark: Does anybody object to that? That's the procedure here. Let's follow the
procedure.
Commissioner Gort: I don't have any problems.
Commissioner Plummer: If you wish, Mr. Mayor, what you might want to do is try it for a
couple of months, and if it works out, fine. If it doesn't...
Mayor Clark: All right. Let's try it just like that. Good position. Everything has been
withdrawn?
Commissioner Plummer: Fine with me, sir.
Mr. Jones: Mr. Mayor.
Vice Mayor Dawkins: Yeah, come back on the next agenda.
Mayor Clark: Next meeting.
Mr. Jones: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Jones: With respect to the question you posed on... I think it was item... the Virginia Key.
It has to be, the resolution setting forth the question would have to be adopted, at the latest,
August 9th, and since you don't have any meetings scheduled for the month of August, then the
latest adoption would have to be the meeting of July 21st.
6 June 9, 1994
Mr. Odio: We can meet that day.
Mayor Clark: Oh, yeah.
Mr. Jones: And that would be for the October 4th, second primary date.
Mayor Clark: That's good.
Commissioner Plummer: Well, may I inquire, Mr. Mayor?
Mayor Clark: Surely.
Commissioner Plummer: Mr. Dawkins, what I'm asking is a question, if I may, the pulling of
item 16 does not stop the City Attorney from drafting the necessary amendment for the ballot,
and I think that's where your main area of concern is, to have that prepared to come back at a
later date. So if that's the case, then I would assume the City Attorney will proceed.
Mayor Clark: Would you repeat that, J.L., please.
Commissioner Plummer: Mr. Dawkins, pulling item 16 does not preclude them from preparing
an amendment for the ballot.
Vice Mayor Dawkins: You've already signed a contract with the company, with... I mean...
Commissioner Plummer: Who has?
Vice Mayor Dawkins: The City,
Mr. Odio: No, we haven't.
Vice Mayor Dawkins: You negotiated... OK.
Commissioner Plummer: This is not ratifying.
Vice Mayor Dawkins: OK. Please pull it for discussion on the 21st.
Commissioner Plummer: That's fine, sir. But they can still proceed with the ballot question and
have that prepared.
Vice Mayor Dawkins: That's all.
Commissioner Plummer: Whether we approve it or we don't, your time frame is what you're
worried about.
Mayor Clark: Please, now, when this appears on the next agenda, it's on a regular item on the
agenda.
Mr. Odio: Yes, sir.
Commissioner Plummer: That's fine, sir.
Vice Mayor Dawkins: Yes, sir.
7 June 9, 1994
Mayor Clark: Not on the consent agenda.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Mm-hmm, OK.
Mayor Clark: Very good. All right. Do you have any other discussion? Anyone to speak about
the consent agenda present here?
Commissioner Plummer: I have only questions on 27, Mr. Mayor.
Mayor Clark: Well, let's start out with before that. Any other questions before that? No.
Commissioner Plummer: Well, Willy did.
Mayor Clark: Twenty-two, J... On 22, Mr. Gort.
Commissioner Gort: Twenty-two. My understanding, that's the Bobby Maduro's... The flea
market, Bobby Maduro Stadium. I'd like to bring that up in a public hearing.
Commissioner Plummer: So you move to defer.
Commissioner Gort: I move to defer.
Commissioner Plummer: Second.
Mr. Odio: This is the flea market.
Commissioner Plummer: Yeah, he's deferring it.
Vice Mayor Dawkins: Deferred?
Commissioner Plummer: I second it;
Mr. Odio: Did I understand you want this as a public hearing, Commissioner?
Commissioner Plummer: Yeah.
Commissioner Gort: Yes, sir. I want the neighbors to be notified.
Mr. Odio: OK. Fine.
Mayor Clark: Any further discussion on the deferral? Hearing none, cast a unanimous ballot.
What else, Willy?
Vice Mayor Dawkins: What's a date certain, Mr... J.L.
Mayor Clark: Thirtieth of June.
Vice Mayor Dawkins: Thirtieth of June?
Mayor Clark: Is that our next meeting, Mr. Manager, 30th of June?
Mr. Odio: Yes, sir.
8 June 9, 1994
P�
Mayor Clark: All right.
Mr. Odio: We have, as of now, Mr. Mayor, twenty-six regular items. So we may have to start at
nine o'clock that day.
Mayor Clark: Well, we start at nine.
Mr. Odio: Yes, sir.
Mayor Clark: That's good.
Vice Mayor Dawkins: OK. Call the... We cast a unanimous ballot.
Mayor Clark: Yeah, cast a unanimous ballot.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-366
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-22 (PROPOSED
RESOLUTION TO RATIFY AND APPROVE SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL
STADIUM PARKING LOT BY C.C.A.L. CORPORATION FOR SAID
ORGANIZATION'S PRESENTATION OF FLEA MARKETS FOR SAID
AVAILABLE WEEKENDS DURING THE PERIOD OF JUNE 1, 1994 THROUGH
MAY 31, 1995) TO THE JUNE 30, 1994 COMMISSION MEETING; FURTHER
DIRECTING THE ADMINISTRATION TO ADVERTISE SAID ISSUE AS A PUBLIC
HEARING. [NOTE: This motion was later reconsidered by M-94-401. Thereupon,
agenda item CA-22 was approved by the City Commission as R-94-401.1.]
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Gort: Item 30.
9 June 9, 1994
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Mayor Clark: Yes.
Commissioner Gort: This is the... If you will remember, we had a discussion about an antenna
being built in one of the neighborhoods in here.
Mayor Clark: Yeah.
Commissioner Gort: We're leasing the facilities to Bell South. I want to know what type of...
What's going to be the use for that facility?
Mayor Clark: On 22, you say, Mr. Gort?
Commissioner Gort: No. This is on 30, sir.
ICommissioner Plummer: I ask a question. Is this a cellular phone setup or not?
Mr. Odio: This is to create a telecommunications electrical equipment... It's about... It's a
! small building for main operations. It's not...
Commissioner Gort: But it's not an antenna or anything like that.
a
Mr. Odio: It's not ... We are monitoring that. It's not something like that.
Commissioner Gort: OK.
Commissioner Plummer: Well, excuse me. How much...
Mr. Odio: They will be paying us fifteen thousand dollars.
Commissioner Plummer: A year?
Mr. Odio: A year, right.
Commissioner Plummer: Fifteen thousand. All right. The people came to see all of us. Mr.
Mayor... Mr. Manager, they didn't like the idea. This is an eight -by -six building?
Mr. Odio: Yes, very small.
Commissioner Plummer: OK. And what their concern was, I think it was a legitimate concern,
that if they've got to live with that in a park...
Mayor Clark: Put it back in the corner.
Commissioner Plummer: ... that it not be where you're suggesting, that it be put somewhere to
the side or to the... where it's not in the middle of the park.
Mr. Odio: It will not be in the middle of the park, I assure you.
Commissioner Plummer: Can I be assured that if I vote favorably for this, that you're going to
meet with the neighbors, and as long as it's in the park, they compromise and are satisfied before
you proceed?
Ms. Diane Johnson: You have my full assurance.
10 June 9, 1994
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Mr. Odio: We'll let the neighbors decide where they want it in the park.
Commissioner Plummer: OK, Fine.
Ms. Johnson: Correct.
Commissioner Plummer: That's fine. And we get fifteen thousand a year.
Mr. Odio: Yes, sir.
Commissioner Plummer: Did you try for twenty-five?
Ms. Johnson: No. Fifteen thousand flat.
Mr. Odio: Fifteen thousand one time.
Ms. Johnson: One time.
Commissioner Plummer: Oh, no, no, no. Is this a private company?
Ms. Johnson: This is Southern Bell.
Commissioner Plummer: Is that a profit -making organization?
Ms. Johnson: It's a utility.
Commissioner Plummer: No way I would vote for fifteen thousand, one shot. No way. No
way. For a lifetime?
Mayor Clark: Well, wait a minute, now. You have feelings, other people have feelings. What's
this all about?
Mr. Odio: This is a very small building. It's a...
Ms. Johnson: It's a utility box.
Mr. Odio: It's a utility box.
Commissioner Plummer: In a public park.
Ms. Johnson: Do you have the dimensions?
Mr. Odio: And they are going to pay us fifteen thousand dollars.
Commissioner Plummer: A year? That's fine.
Mr. Odio: No, sir. One time. It's six by... What size is it? It's the size of that...
Ms. Johnson: It's the size of a typical...
Commissioner Plummer: You are contemplate...
Ms. Johnson:... box that's put in a right-of-way.
11 June 9, 1994
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Mr. Odio: We also get Fran...
Commissioner Plummer: Excuse me. I'm speaking for one. You maybe have other votes here...
Mr. Odio: That's right, that's right.
Commissioner Plummer: ... but for this vote, they are not going to have a lifetime use of a City
park for fifteen thousand dollars, not a profit -making corporation.
Mr. Odio: To provide... to provide services. It's to provide services to the citizens.
Commissioner Plummer: Sir, they are entitled to pay, like anybody else.
Mr. Odio: They also pay us franchise fees that are very high.
Commissioner Plummer: I hear you. I hear you. You do what you want. I will not vote for a
one-shot fifteen thousand, for a profit -making company. Now, they want to pay us that every
year, that's fine with me.
Mayor Clark: Who's the company?
Commissioner Plummer: Southern Bell. A bunch of poor boys? Never.
Mr. Odio: No. You could raise it here and they raise your fees, so...
Commissioner Plummer: I move that it be deferred and you go back to negotiations.
Mayor Clark: All right. Second?
Commissioner Gort: Second.
Ms. Johnson. OK.
Mayor Clark: With no objection, cast a unanimous ballot, Madam Clerk.
Commissioner Plummer: I'll take ten thousand a year, but every year.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-367
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM CA-30 (PROPOSED
RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A GRANT
OF EASEMENT TO BELL SOUTH TELECOMMUNICATIONS, INC. A GEORGIA
CORPORATION, FOR USE OF APPROXIMATELY 500 SQUARE FEET OF LAND
ON MERRIE CHRISTMAS PARK, FOR THE
CONSTRUCTION/OPERATION/MAINTENANCE OF TELECOMMUNICATIONS
ELECTRICAL EQUIPMENT AND ASSOCIATED APPURTENANCES) TO A
LATER DATE, FOR FURTHER NEGOTIATIONS.
12 June 9, 1994
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, I've got a problem with item 27, if nobody else has any
i problems.
Mayor Clark: All right. What is it, J.L.?
Commissioner Plummer: My problem is, it looks like to me, unless I'm mistaken, that we have a
lien against this property, and instead of them paying the lien, they're going to give us the
j property. Now...
Vice Mayor Dawkins: You know what, Mr. Mayor, Mr. Manager? You're missing this. You're
missing the Commissioner.
Mr. Odio: I can't hear.
Vice Mayor Dawkins: That's right...
Commissioner Plummer: All right. I've got nothing better to do. I'll sit here and wait.
Mayor Clark: Gentlemen, please have a seat.
Commissioner Plummer: Mr. Manager, my concern here is that this looks to me that this was a
lien placed against this property; that, in fact, instead of paying the lien, they're going to give us
the property. One more piece off the tax rolls, and as far as I'm concerned, I think that we need
to demand that these people pay us the dollars. You see, one of the problems that we're having,
and I'm going to bring up at a later date at the Commission, is that in Code Enforcement, when
they're building up these two hundred and fifty -dollar -a -day fines, the City Attorney has the
right to mitigate and to reduce. And I'm eventually going to ask that that be eliminated, because
they're laughing at us. And as far as I'm concerned, I don't think that we're going to bring about
any compliance. We've got to have some clout. Now...
Mr. Odio: Commissioner, let me explain, because, you know...
Commissioner Plummer: Please do.
13 June 9, 1994
Mr. Odio: This land is assessed at twenty-two thousand. We're getting it for a bargain, and
we're going to build a home in it, and we're going to sell it, and it will be back in the tax rolls.
OK?
j Commissioner Plummer: OK. Then I have your assurance, sir, that I can expect within six
months that, in fact, something is going to... Well, you see, you say...
Mr. Odio: Not in six months.
Commissioner Plummer: No, no, no.
Mayor Clark: All right. Let's get this thing handled, now, and quit arguing back and forth.
Mr. Odio: The land is assessed at twenty-two. We're getting it for a bargain price of ten
thousand. We're going to build a home in there, and it will be sold, and it will be right back into
the tax roll.
Commissioner Plummer: That's all right.
Mayor Clark: Mr. Manager, ten thousand dollars is the amount of lien that they have at the
present time?
Commissioner Plummer: Ten thousand -one.
j Mr. Odio: Yes, sir. And we're going to get it for that price, half of the price of what the
j property is assessed for.
Commissioner Plummer: Was there any back taxes owed?
Mr. Jeff Hepburn: Ten grand is the total outstanding...
Commissioner Plummer: Of back taxes or liens?
Mr. Hepburn: Liens, total. It's the total outstanding.
Commissioner Plummer: OK. I'll... I just...
Mayor Clark: All right. Fine. That ought to be OK. Anything else that you want to speak about
on this consent agenda?
Commissioner Plummer: No, that's all I've got, Mr. Mayor.
Mayor Clark: Any person want to speak on the consent agenda? Hearing none, is there a
motion to accept those that have been...
Commissioner Plummer: Sir, there's somebody who raised his hand in the back.
Mayor Clark: All right. Give us your name and address for the record.
Mr. Alberto Lopez: Yeah. My name is Alberto Lopez. I'm from... I live at 1930 North
Bayshore Drive, and I represent the Miami Stadium Flea Market, the Bobby Maduro Stadium.
Mayor Clark: Sir, slow down a little now.
14 June 9, 1994
""11)
Mr. Lopez: Yes. And I'm here because two years ago, the debris was put into the stadium, and
it was never taken out of the stadium. After two years, they just fixed it. And I have a hundred
families without work. For three months, they have been stopped. And I'm here today for these
families, you know, that they need to work, and they are in this neighborhood that is... It's a
neighborhood that is in need of these people, instead of collecting taxes or anything like that, to
work. And they're crying already. They need to work, the women that are in need. And we
have everything that they ask us to bring, we already brought it in. We got the insurance, we got
everything that they want. And we're here, you know, knowing that you could help us, Mayor.
Mr. Odio: Well, you know, I think the Commission had said that we will have a public hearing
and let the neighborhood speak up and out, and tell us what they want there.
Mr. Lopez: Well, if you want the neighborhood to speak up, I could bring the... I could bring all
the...
Mr. Odio: No, that's what the Commission... You are going to have that opportunity.
Commissioner Plummer: Is that from Bay Shore Drive neighborhood where you live, or where
they live?
Mr. Lopez: No, no, no. This is the Allapattah, Bobby Maduro Stadium. It's a hundred families
that are without work for three months already, and they need to work, and everything is ready.
Mayor Clark: Wait, wait. This is a flea market?
Mr. Lopez: It's a flea market that's been there for thirteen years, Your Honor, Mayor, and it
was... The City was the one that told me to try to open that there, because of the neighborhood.
Mayor Clark: Well, it's been deferred to a public hearing, so you better bring those people
down. It's been pulled by Mr. Gort for a regular hearing on the 30th of June. Is that right, Mr.
Manager?
Mr. Lopez: So it have to be closed? Can we open until we come to the hearing?
Mr. Odio: No, sir, you cannot open until you have the hearing.
Mr. Lopez: Everything is ready, you know, the conditions...
Mr. Odio: Yeah, I know, I know.
Mayor Clark: I know that. You don't open until after the hearing, and maybe not then. Maybe
not then, because the hearing is... You won't have permission to open it up until after the
hearing. If it says yes, fine; if it says no, "imposible. Muchas gracias."
Mr. Lopez: Thank you. May the Lord bless all of you. Thank you.
Mayor Clark: Thank you, sir.
Commissioner Plummer: We need it.
Mayor Clark: With tongue in cheek. All right. Anything else on this... Boy, this is a real
consent agenda. God, I'd hate to see one that had problems with it. Any others? All right. Is
there a motion to accept the rest of the consent agenda?
15 June 9, 1994
Commissioner Plummer: So move.
Mayor Clark: How many items we pass, three? Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER 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
NAYS: None.
ABSENT: None.
2.1 PURCHASE ADDITIONAL HEAVY EQUIPMENT (UNDER EXISTING BID NO. 92-
93-104): (a) 25 YARD REFUSE PACKER -- FROM METRO -TECH EQUIPMENT
CORPORATION, AND (b) CAB AND CHASSIS FOR A 25 YARD REFUSE
PACKER -- FROM WHITE GMC OF PALM BEACH -- FOR DEPARTMENT OF GSA
AND SOLID WASTE -- ALLOCATE FUNDS FROM FY'94 RECYCLING AND
EDUCATION GRANT (PROJECT 197006).
RESOLUTION NO. 94-368
A RESOLUTION AUTHORIZING THE PURCHASE OF THE
FOLLOWING TWO (2) ADDITIONAL PIECES OF HEAVY
EQUIPMENT UNDER AN EXISTING BID NO. 92-93-104; ONE (1) 25
YARD REFUSE PACKER FROM METRO -TECH EQUIPMENT
CORPORATION AT A PROPOSED AMOUNT OF $24,680 AND ONE
(1) CAB AND CHASSIS FOR A 25 YARD REFUSE PACKER FROM
WHITE GMC OF PALM BEACH AT A PROPOSED AMOUNT OF
$56,502, FOR A TOTAL PROPOSED AMOUNT OF $81,182, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM THE FY
'94 RECYCLING AND EDUCATION GRANT, PROJECT NO. 197006,
ACCOUNT CODE NO. 421304-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
16 June 9, 1994
191
2.2 ACCEPT BID: SPACE MASTER INTERNATIONAL, INC. -- FOR FURNISHING
ONE OFFICE TRAILER, TO BE LOCATED AT VIRGINIA KEY YARD WASTE
COMPOSTING FACILITY FOR DEPARTMENT OF GSA AND SOLID WASTE --
ALLOCATE FUNDS FROM FY'94 RECYCLING AND EDUCATION GRANT FUND
(PROJECT 197006).
RESOLUTION NO. 94-369
A RESOLUTION ACCEPTING THE BID OF SPACE MASTER
INTERNATIONAL, INC., FOR THE FURNISHING OF ONE (1)
OFFICE TRAILER TO BE LOCATED AT THE VIRGINIA KEY YARD
WASTE COMPOSTING FACILITY FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AT
A PROPOSED TOTAL COST OF $15,953.00; ALLOCATING FUNDS
THEREFOR FROM THE FY'94 RECYCLING AND EDUCATION
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 THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3 ACCEPT BID: MANOLO HORTA PAINTING -- FOR FURNISHING PRESSURE
CLEANING SERVICES TO QUALIFIED CITY OF MIAMI HOMEOWNERS -- FOR
COMMUNITY DEVELOPMENT DEPARTMENT -- OPTION FOR EXTENSION OF
CONTRACT SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-370
A RESOLUTION ACCEPTING THE BID OF MANOLO HORTA
PAINTING FOR THE FURNISHING OF PRESSURE CLEANING
SERVICES TO QUALIFIED CITY OF MIAMI HOMEOWNERS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT
OF COMMUNITY DEVELOPMENT AT A TOTAL PROPOSED COST
OF $25,000.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 451149-799209; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
17 June 9, 1994
10
2.4 ACCEPT BID: BOWNE OF MIAMI, INC. -- FOR PRINTING / BINDING / SHIPPING
OF OFFICIAL STATEMENTS FOR BOND FINANCING -- FOR DEPARTMENT OF
GSA AND SOLID WASTE -- OPTION FOR EXTENSION OF CONTRACT SUBJECT
TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-371
A RESOLUTION ACCEPTING THE BID OF BOWNE OF MIAMI,
INC. FOR THE PRINTING, BINDING AND SHIPPING OF OFFICIAL
STATEMENTS FOR BOND FINANCING ON A CONTRACT BASIS
FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND
FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE AT A TOTAL PROPOSED FIRST YEAR COST OF
$6,410.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 269902-680 PROJECT NO. 311016; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5 ACCEPT BID: RC ROOFING CORPORATION -- FOR FURNISHING AND
INSTALLATION OF A GENSTAR ROOFING SYSTEM AT PROPERTY
MAINTENANCE DIVISION BUILDING -- FOR DEPARTMENT OF GSA AND
SOLID WASTE -- ALLOCATE FUNDS.
RESOLUTION NO. 94-372
A RESOLUTION ACCEPTING THE BID OF RC ROOFING
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
A GENSTAR ROOFING SYSTEM AT THE PROPERTY
MAINTENANCE DIVISION BUILDING AT A TOTAL PROPOSED
COST OF $24,000.00 FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE, ALLOCATING
FUNDS THEREFOR FROM THE GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/PROPERTY
MAINTENANCE DIVISION, ACCOUNT CODE NO. 420401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18 June 9, 1994
2.6 ACCEPT BID: BEST'S MAINTENANCE & JANITORIAL -- FOR FURNISHING
CUSTODIAL MAINTENANCE SERVICES AT THE SOLID WASTE FACILITY --
FOR DEPARTMENT OF GSA AND SOLID WASTE -- OPTION FOR EXTENSION
OF CONTRACT SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-373
A RESOLUTION ACCEPTING THE BID OF BEST'S MAINTENANCE
& JANITORIAL FOR THE FURNISHING OF CUSTODIAL
MAINTENANCE SERVICES AT THE SOLID WASTE FACILITY,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, ON A CONTRACT BASIS
FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL PROPOSED
AMOUNT OF $11,184.00; ALLOCATING FUNDS THEREFOR FROM
THE FY'93-94 OPERATING BUDGET, ACCOUNT CODE NO.
421001-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD
AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7 ACCEPT BID: RECIO AND ASSOCIATES -- FOR FURNISHING AND
INSTALLATION OF NINE ROYAL PALM TREES AT LUMMUS PARK -- FOR
DEPARTMENT OF PARKS AND RECREATION.
RESOLUTION NO. 94-374
A RESOLUTION ACCEPTING THE BID OF RECIO AND
ASSOCIATES FOR THE FURNISHING AND INSTALLATION OF
NINE (9) ROYAL PALM TREES AT LUMMUS PARK AT A TOTAL
PROPOSED COST OF $14,266.00 FOR THE DEPARTMENT OF
PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM
APPROPRIATIONS, PROJECT CODE NO. 331042, ACCOUNT CODE
NO. 589301-860, AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
19 June 9, 1994
2.8
2.9
We
ACCEPT BID: ELECTRICAL CONTRACTING SERVICE, INC. (TOTAL BID) --
FOR PEACOCK PARK SPORT LIGHTING PROJECT (CIP 331359) -- EXECUTE
CONTRACT.
RESOLUTION NO. 94-375
A RESOLUTION ACCEPTING THE BID OF ELECTRICAL
CONTRACTING SERVICE, INC., IN THE PROPOSED AMOUNT OF
$51,575.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED PEACOCK PARK SPORT LIGHTING PROJECT;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331359, AS APPROPRIATED BY
ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF
$36,967.00 TO COVER A PORTION OF THE CONTRACT COST AND
$9,065.45 TO COVER THE ESTIMATED EXPENSES, AND $14,608.00
FROM INSURANCE MONIES IN PROJECT NO. 332445 TO COVER
THE REMAINING PORTION OF THE CONTRACT COST, FOR AN
ESTIMATED TOTAL PROJECT COST OF $60,640.45; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
FUND THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL -- ALLOCATE $35,000
FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-376
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE-
MIAMI CRIMINAL JUSTICE COUNCIL, AND ALLOCATING
FUNDS 'THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE
CHAPTER 932.7055, AND BEING SUBJECT TO APPLICABLE CITY
CODE PROCUREMENT PROVISIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
I
June 9, 1994
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2.10 RESCIND AWARD OF CAMERA CORNER INC. -- FOR FURNISHING
PHOTOGRAPHIC CAMERAS AND ACCESSORIES TO POLICE DEPARTMENT
(FOR FAILURE TO HOLD QUOTED PRICES APPROVED UNDER R-94-150) --
AWARD CONTRACT TO PHIL'S CAMERA SERVICES.
RESOLUTION NO. 94-377
A RESOLUTION RESCINDING THE AWARD TO CAMERA
CORNER, INC. FOR THE FURNISHING OF PHOTOGRAPHIC
CAMERAS AND ACCESSORIES TO THE DEPARTMENT OF
POLICE FOR FAILURE TO HOLD QUOTED PRICES APPROVED
UNDER RESOLUTION NO. 94-150, ADOPTED MARCH 24, 1994;
AUTHORIZING AND APPROVING THE AWARD OF SAID
CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER, PHIL'S CAMERA SERVICES, AT A TOTAL PROPOSED
AMOUNT OF $11,544.00; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 290201-850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11 RATIFY CITY MANAGER'S AWARDING OF BID TO UNISYS CORPORATION --
FOR FURNISHING COMPUTER EQUIPMENT TO UPGRADE EXISTING
SYSTEM -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS FROM THE HIGH
IMPACT DRUG TRAFFICKING GRANT.
RESOLUTION NO. 94-378
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S ACTION IN AWARDING THE BID TO
UNISYS CORPORATION FOR THE FURNISHING OF COMPUTER
EQUIPMENT TO UPGRADE THE EXISTING COMPUTER SYSTEM
FOR THE POLICE DEPARTMENT AT A TOTAL PROPOSED
AMOUNT OF $15,858.00; ALLOCATING FUNDS THEREFOR FROM
THE HIGH IMPACT DRUG TRAFFICKING GRANT; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
21 June 9, 1994
11�1111)
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2.12 RATIFY CITY MANAGER'S EMERGENCY ACTION IN DECLARING 64 PIECES
OF USED BEDDING AS CATEGORY "A" SURPLUS STOCK AND DONATING
SAME TO BETTER WAY OF MIAMI, INC.
RESOLUTION NO. 94-379
A RESOLUTION APPROVING, RATIFYING AND CONFIRMING
THE EMERGENCY ACTION OF THE CITY MANAGER IN
DECLARING SIXTY-FOUR (64) PIECES OF USED BEDDING AS
CATEGORY "A" SURPLUS STOCK, ELIMINATING THE
NECESSITY OF PROVIDING FOR ITS STORAGE, AND DONATING
THE SAME TO BETTER WAY OF MIAMI, INC., A NONPROFIT
ORGANIZATION, SAID ITEMS BEING USED TO HOUSE AND
TREAT MIAMI'S HOMELESS AND INDIGENT ADDICTS AND
ALCOHOLICS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.13 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF ORANGE
BOWL STADIUM BY FANTASMA PRODUCTIONS, INC. -- FOR PRESENTATION
OF A CONCERT (JULY 24, 1994) -- EXECUTE AGREEMENT.
RESOLUTION NO. 94-380
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY FANTASMA PRODUCTIONS, INC.,
FOR THE PRESENTATION OF A CONCERT AT SAID STADIUM ON
JULY 24, 1994; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
FANTASMA PRODUCTIONS, INC., FOR THIS PURPOSE, SUBJECT
TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT
THE CITY IN AN 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.)
22 June 9, 1994
2.14 EXECUTE AGREEMENT WITH FANTASMA PRODUCTIONS, INC. -- FOR A
REBATE OF NOVELTY CONCESSION REVENUE DERIVED FROM THE EAGLES
CONCERT TO BE HELD AT ORANGE BOWL STADIUM (JULY 24, 1994).
RESOLUTION NO. 94-381
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
FANTASMA PRODUCTIONS, INC., FOR A REBATE OF NOVELTY
CONCESSION REVENUE DERIVED FROM THE EAGLES
CONCERT TO BE PROMOTED AND PRODUCED BY SAID
CORPORATION AT THE ORANGE BOWL STADIUM ON JULY 24,
1994.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.15 RATIFY CITY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES / TERMS
/ CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY COPA
INTERCONTINENTAL DE LOS STRIKERS -- FOR AN INTERNATIONAL SOCCER
GAME (MAY 29, 1994) -- EXECUTE AGREEMENT.
RESOLUTION NO. 94-382
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S ESTABLISHMENT OF
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF
THE ORANGE BOWL STADIUM BY COPA INTERNATIONAL DE
LOS STRIKERS FOR THE PRESENTATION OF AN
INTERNATIONAL SOCCER GAME ON SUNDAY, MAY 29, 1994;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR
THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
23 June 9, 1994
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2.16 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF
PORTION OF ORANGE BOWL STADIUM BY MIAMI MUNDIAL SPORTS
GROUP, INC. -- FOR SERIES OF SOCCER GAMES (DURING JUNE 1, 1994 - MAY
31, 1995) -- EXECUTE AGREEMENT.
RESOLUTION NO. 94-383
A RESOLUTION, WITH ATTACHMENT(S), ESTABLISHING
SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF
A PORTION OF THE ORANGE BOWL STADIUM BY MIAMI
MUNDIAL SPORTS GROUP, INC., FOR THE PRESENTATION OF A
SERIES OF SOCCER GAMES ON SELECTED DATES DURING THE
PERIOD JUNE 1, 1994 THROUGH MAY 31, 1995; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH MIAMI MUNDIAL SPORTS GROUP, INC., FOR SAID USE,
SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN AN 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.)
2.17 CLAIM SETTLEMENT: MARIA SORIANO AND HER ATTORNEY, BRIAN S.
KEIF, P.A. ($9,375).
RESOLUTION NO. 94-384
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY MARIA SORIANO AND HER ATTORNEY, BRIAN S. KEIF,
P.A., THE SUM OF $9,375.00, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS, AND
JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE
FINAL JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE
MARIA M. KORVICK OF THE ELEVENTH JUDICIAL CIRCUIT
COURT ON MARCH 31, 1994, CASE NO. 92-19554 CA 11, WITH
SAID FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
24 June 9, 1994
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2.18 AUTHORIZE CITY MANAGER TO MAKE PURCHASE OFFERS WITH OWNERS
OF THREE VACANT PARCELS OF LAND WITHIN COMMUNITY
DEVELOPMENT TARGET AREAS (TOTAL PURCHASE PRICE: $34,000) -- TO BE
USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM --
ALLOCATE FUNDS FROM CDBG -- EXECUTE AGREEMENTS.
RESOLUTION NO. 94-385
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO MAKE PURCHASE OFFERS, AS SPECIFIED
HEREIN, AND EXECUTE AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OWNERS OF
THREE (3) VACANT PARCELS OF LAND LOCATED WITHIN THE
CITY'S COMMUNITY DEVELOPMENT TARGET AREAS AND
MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBIT "A", FOR A TOTAL PURCHASE PRICE OF
$34,000, SAID PARCELS TO BE USED FOR THE DEVELOPMENT
OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME
FAMILIES IN CONNECTION WITH THE SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO
RESOLUTION NO. 93-444 UNDER PROJECT NO. 705214;
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE
ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE
ABSTRACTS AND CONFIRMATION OF TITLE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
25 June 9, 1994
2.19 ACCEPT DONATION OF VACANT REAL PROPERTY LOCATED AT 1264 N.W. 31
STREET IN ALLAPATTAH COMMUNITY DEVELOPMENT TARGET AREA TO
BE USED FOR LOW / MODERATE INCOME HOUSING.
RESOLUTION NO. 94-385.1
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
DONATION OF VACANT REAL PROPERTY LOCATED AT 1,264
N.W. 31ST STREET, MIAMI, FLORIDA, IN THE ALLAPATTAH
COMMUNITY DEVELOPMENT TARGET AREA, MORE
PARTICULARLY AND LEGALLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, TO BE USED FOR THE DEVELOPMENT OF
LOW AND MODERATE INCOME HOUSING, SUBJECT TO
EXAMINATION AND APPROVAL OF THE ABSTRACT AND THE
OPINION OF TITLE FOR THE SUBJECT PROPERTY BY THE CITY
ATTORNEY; ALLOCATING MONIES THEREFOR, IN AN AMOUNT
NOT TO EXCEED $10,100, FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO
RESOLUTION NO. 93-444, UNDER PROJECT NO. 705214, FOR
PAYMENT OF UNPAID CITY OF MIAMI LIENS, RECORDING FEES
AND THE COST OF TITLE INSURANCE ON THE SUBJECT
PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.20 SUPPORT ADMINISTRATION'S EFFORTS TO SECURE FUNDING FOR
DEVELOPMENT OF A PEDESTRIAN ORIENTED TRANSIT PLAZA -- TO BE
LOCATED ON S.W. 15 AVENUE, BETWEEN S.W. 8 AND 9 STREETS (LITTLE
HAVANA), LINKING TOWER THEATER AND DOMINO PARK.
RESOLUTION NO. 94-386
A RESOLUTION GRANTING SUPPORT TO THE CITY
ADMINISTRATION'S EFFORTS TO SECURE FUNDING FOR THE
DEVELOPMENT OF A PEDESTRIAN ORIENTED TRANSIT PLAZA
TO BE LOCATED ON SOUTHWEST FIFTEENTH AVENUE,
BETWEEN SOUTHWEST EIGHTH STREET AND SOUTHWEST
NINTH STREET IN THE LITTLE HAVANA NEIGHBORHOOD OF
THE CITY OF MIAMI, FLORIDA, LINKING THE TOWER THEATER
AND DOMINO PARK.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
26 June 9, 1994
4�
2.21 ACCEPT GRANT ($7,200) FROM METROPOLITAN DADE COUNTY (UNDER ITS
TOURIST DEVELOPMENT ROOM TAX PLAN) -- TO BE USED BY
DEPARTMENT OF PARKS AND RECREATION TO HOST 12TH ANNUAL YOUTH
BASEBALL WORLD SERIES AT BOBBY MADURO MIAMI BASEBALL
STADIUM (JULY 28 - AUGUST 3, 1994) -- EXECUTE NECESSARY
DOCUMENT(S).
RESOLUTION NO. 94-387
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT,
IN THE AMOUNT OF $7,200, FROM METROPOLITAN DADE
COUNTY UNDER ITS TOURIST DEVELOPMENT ROOM TAX
PLAN TO BE USED BY THE DEPARTMENT OF PARKS AND
RECREATION TO HOST THE TWELFTH ANNUAL YOUTH
BASEBALL WORLD SERIES AT THE BOBBY MADURO MIAMI
BASEBALL STADIUM, JULY 28TH THROUGH AUGUST 3RD, 1994;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.22 NEGOTIATE / EXECUTE REVOCABLE PERMIT WITH OVERTOWN PARKWEST
CLEANERS, INC. -- FOR USE OF SPACES 104 AND 108 IN THE OVERTOWN
SHOPPING CENTER (1490 N.W. 3 AVENUE).
RESOLUTION NO.94-388
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE
PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
OVERTOWN PARKWEST CLEANERS, INC., FOR THE USE OF
SPACES 104 AND 108 IN THE OVERTOWN SHOPPING CENTER,
LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI,
FLORIDA, WITH NEGOTIATED TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN THE REVOCABLE PERMIT
AND DESCRIBED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
27 June 9, 1994
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-------------------------------- ----- ---------------------------------------------
3. CITY COMMISSION EXPRESSES ITS FULL SUPPORT OF
METROPOLITAN DADE COUNTY'S EMPOWERMENT ZONE STRATEGIC
PLAN.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Commissioner Burke, do you want to speak now? You were going to
be at 9:30. You're right on time on the Empowerment Zone. That's item number 39 in the
agenda.
Vice Mayor Dawkins: Let the record reflect that out of respect for an elected official, we're
taking him out of order, and when I go to the School Board, they tell me to sit down, "We do not
take anybody out of order." Go right ahead, sir, my brother.
Mayor Clark: Well, that shows that we have decorum here.
County Commissioner James Burke: Here, here. Thank you very much, Mr. Mayor and
members of the Commission. On the day before yesterday, we, the County Commission, passed
out a strategic plan, and also a number of resolutions on the Empowerment Zone, which we think
really strengthens our application. Among the things that we did was to tie in the seaport and the
airport with commitments to give jobs and businesses preference in... that are in the zone, and
also to give preference in jobs, preference in a number of kinds of businesses that will result
from the Empowerment process. We also made a commitment from the County of one hundred
million dollars, to match the one hundred million dollars that will come from the Empowerment
Zone. There were some other commitments that were made, so that the overall budget for the
Empowerment Zone process is three hundred and ninety-five million dollars that will be used.
To be frank, some of those monies will be monies that have already been planned, but were not
planned in accordance with any overall coordinated kind of plan. And I think the School Board
made some commitments that they would... Really, it's a way of working together. But within
the zone itself, we plan to spend that three hundred and ninety-five million dollars. But we also
did some other things. The County made a commitment to spend six million dollars in areas that
are not in the zone, but are around the zone. And these are areas of Liberty City, Little Haiti,
Goulds, Edison, and Opa Locka. In order to make sure that this is done in accordance with the
plan, we created an Empowerment Zone Trust, and that trust consists of about thirty-four
members, the great number of which would be from residents in the zone selected by people in
the - well, not even just the zone - but selected by people in the communities that participated in
this process. That included not only those areas in the City, but also, again, Edison, Little River,
Liberty City, Little Haiti, and Opa Locka, and Goulds, that were not, themselves in the zone, that
would be a part of this overall process. We have document`s which we will present to you, and I
think we finalized and make sure all the resolutions that we passed will be presented to you. But
in essence, we are committed to a plan that affects a lot more than the boundaries of the zone,
but is, in fact, a way to connect our international trade and commerce economy that's growing,
so that everybody will be a part of it.
Mayor Clark: Put in, also, Little Havana is included in that zone.
Commissioner Burke: I'm sorry. Well, Little - East Little Havana is a part of the zone itself.
Mayor Clark: How about Wynwood?
Commissioner Burke: Wynwood is a part of the zone. However, there's a part of Wynwood, I
think, what we call Edgewater, that is a part of what we call, I guess, a secondary zone that is a
part of the process. But Wynwood was a part of the zone.
28 .June 9, 1994 -
Mayor Clark: Very good. Are there any questions?
Commissioner Burke: Yes, sir, Commissioner.
Mayor Clark: Commissioner Dawkins.
Vice Mayor Dawkins: You said a hundred million dollars added to the plan; is that correct?
Commissioner Burke: Yes. The County is...
Vice Mayor Dawkins: Did you identify the hundred million and earmark it, and place it in a
fund, not to be touched for anything else but the zone?
Commissioner Burke: No, we did not do it but...
Vice Mayor Dawkins: OK. When do you plan to do that?
Commissioner Burke: What we did was to direct the Manager to come back with a specific plan.
And the way we did that is we passed the ordinance on first reading that creates the trust. When
it comes back to us on second reading, we will have the economic impact study which would
include those areas. And we found out there are options. And there are options that were
discussed during the process. It's just that it was thought to have - to give the Manager the
leeway to find other options, but there are several ways that you can, you know, get the hundred
million dollars.
Vice Mayor Dawkins: OK. Over in the County, when you establish a trust, what's the
procedure for ensuring that the money remains in, quote/unquote, the trust for which you placed
it in the trust?
Commissioner Burke: I believe, again, our Manager, in concert with your Manager, and I think
the Manager in Florida City and Homestead will sit and determine the best financial way to do
that. But...
Vice Mayor Dawkins: When your Manager comes back to you, as you directed him to, and your
Manager has identified the source from which the funds will come...
Commissioner Burke: Correct.
Vice Mayor Dawkins: ... then your Manager will have told you that there's a hundred million
dollars available from these line items, or whatever. So now, we have a hundred million dollar
fund earmarked for the Empowerment Zone. How do we, the citizens, lock this money up, so
that at no time at all is the money used for anything other than the Empowerment Zone? That's
all I'm asking.
Commissioner Burke: I think the way to do that, because we asked the Manager to put it in his
budget, and I think if he puts it in his budget, then we will indicate that that probably should be
in his budget as a part of an Empowerment Trust Fund, and I think...
Vice Mayor Dawkins: Well, you stick around until this afternoon, because I'm going to go
through that with the Manager. In Accounting 101, there's such a thing as budget transfer. You
just move money around when you get ready, from line item to line item. I'll go through it. But
stick around. Me and the Manager will go through that this afternoon. The other thing I have to
ask you is, you said it's six million dollars for other areas?
29 June 9, 1994
10
Commissioner Burke: Yes, we did.
Vice Mayor Dawkins: Is that six million one shot, or will that be six million over the total life of
the Empowerment Zone, which is ten years?
Commissioner Burke: Well, it's six million dollars at one time but almost all of the money is
going to be spent during our...
Vice Mayor Dawkins: OK. That's good. That's good. That's good. You got six million
dollars one time. You have five areas. Six million divided by five gives you one point two.
Now, you and I... What the hell can you do with one point two in either one of these areas?
Commissioner Burke: Well, I'll tell you, I talked with the Mayor of Opa Locka, which was one
of these areas, and they thought that it was very good that they can get a million dollars to be
spent, and we asked them over a multiple basis.
Vice Mayor Dawkins: So in other words, you bribed the Mayor of Opa Locka with a million -
two, not to put up any argument against this, huh?
Commissioner Burke: Oh, no, absolutely not.
Vice Mayor Dawkins: Oh, OK. Then go ahead.
Commissioner Burke: As a matter of fact, they were still discussing it. What they really wanted,
and what I think they got was a seat on the trust, which is going to be the body that really
monitors and implements this, and I think... So Opa Locka does have a seat on the Economic
Zone Trust to make sure that not only that money, but also the other monies which can be used
for more than just in the zone will help them.
Vice Mayor Dawkins: OK. All right. In the event that we do not get the Empowerment Zone,
is there any way, Commissioner Burke, that these areas who you talked about, who we know
need help, and we end up with an Enterprise Zone, will these other areas share equally in that
Enterprise Zone, do you think?
Commissioner Burke: What we decreed in terms of the money, that should we get an Enterprise
Zone, we will still make the same monetary commitments, it would just be done pro rata.
Instead of as a part of one hundred million, it would be a part of the money we would get from
the Enterprise Zone.
Vice Mayor Dawkins: But it would be spread out over... We would no longer be locked into,
quote/unquote, the Empowerment Zone, we would be able to serve the County?
Commissioner Burke: Well, we will still be locked, I think, to the Enterprise... If we get an
Enterprise community, I think it would probably be the same boundaries. But a large part of this
really has to do with things that the County can do that went beyond the zone. For example, in
requiring that the seaport, give preference to businesses in the zone, we also put in a provision
that says that... that even those persons who are not in the zone could participate in the benefits,
if not specifically prohibited by, you know, by statutory law or either by the Empowerment Zone
law itself, but that... So there are things that the County can do that goes beyond what even we
can do, just following the Empowerment Zone law.
Vice Mayor Dawkins: Thank you.
30 June 9, 1994
Commissioner Burke: Thank you very much.
Mayor Clark: What we have before us is a reso...
Commissioner Plummer: I got a question, Mr. Mayor.
Mayor Clark: All right.
Commissioner Plummer: Mr. Burke, as I look at this map which was provided me, showing the
outline of the Empowerment Zone, with the exception of the two things which you, the County
own, the seaport and the airport, it appears to me that a hundred percent of the remainder is in
the City of Miami.
Commissioner Burke: I think... I'd say seventy-three percent of the zone is in the City of Miami.
Commissioner Plummer: Excuse me?
Commissioner Burke: Seventy-three percent.
Commissioner Plummer: OK. And the other twenty-seven percent is the seaport and the airport.
Unidentified Speaker: And Homestead Air Force Base.
Commissioner Plummer: OK. My question is, how many people are going to be on this board
or the trust?
Commissioner Burke: There are thirty-four members of the trust.
Commissioner Plummer: All right. How many of those people are going to be required to either
work, or to live or be in that zone? And the reason I'm asking the question, automatically, I
heard you say that the Mayor of Opa Locka is going to be on that board. And my dear friend,
Bobby, is a great Mayor of Opa Locka, and I'm sure he does everything in his power to protect
Opa Locka. But why would I want somebody in Opa Locka telling me what I should be doing
with the property in the City of Miami? And my second question, sir, is, out of that thirty
members, how many of those members will be from the City of Miami?
Commissioner Burke: OK. The way that the formula is outlined, almost all of them are going to
be from the affected areas; that is, the communities that are involved will elect their
representatives. And once they elect their representatives...
Commissioner Plummer: Well, excuse me. When you say "communities," you're speaking of a
community as is Melrose? As is Allapattah? Is that what you're referring to as a community?
Commissioner Burke: That's correct.
Commissioner Plummer: OK. And I assume Homestead will be getting a portion of that.
Commissioner Burke: Yeah, right. Homestead, Florida City also will get a portion of that. You
may, on page... I guess the...
Unidentified Speaker: No, they don't have that.
Commissioner Burke: OK. But on the resolution, and in answer to your question, almost all of
the people are going to come from the zone. As a matter of fact, we specifically made, I think,
31 June 9, 1994
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Opa Locka and Miami Beach, only because they were the only other municipalities involved in
the process that were not in the zone, so we allowed for each of them to have a representative.
But the other representatives are all the people who are in the zone and it's really proportioned
along the same way. I think you will find out most of the people are probably going to be from
the City of Miami, and it really depends a lot on how the Empowerment communities, Liberty
City, Model City, Wynwood, Overtown, Allapattah, and Little Havana...
Commissioner Plummer: Have those people already been chosen?
Commissioner Burke: No, sir, they have not been chosen.
Commissioner Plummer: What influence will this Commission have over the choosing of those
people?
Commissioner Burke: What has happened in the past in this process is, we actually called the
communities together and let the communities themselves choose the representatives that went
into making up this plan. And so to that degree, we... Say that the twelve members that will
represent the areas, I assume there will be two from each area will be selected by those
representatives, along with the Mayor and the City Manager in Miami, who will come together
as one vote.
Commissioner Plummer: Our Mayor and Manager will be part of that trust?
Commissioner Burke: That's correct.
Commissioner Plummer: OK.
Mayor Clark: Is there anything further? All right, Mr. Gort.
Commissioner Gort: I had the opportunity to participate, and I congratulate Burke for the job
they did, the Commission. I think for the first time, this community has come together, and they
understood that although directly, they would not be able to receive a benefit, they knew that the
goal was to bring that in here. If we bring that in here, everybody will benefit. Our staff has
been working very close with the Dade County staff. A lot of the... The geographical area that's
been selected, you can see it for yourself. At the same time, the social services program that's
been selected has been... The CDC, (Community Development Corporations), they're very
active within the City of Miami, and they've done a lot of good work in here. So if you're ready,
Mr. Mayor, I'm ready to make a motion.
Mayor Clark: All right.
Commissioner Gort: I move to accept.
Commissioner Plummer: Second.
Mayor Clark: Call the roll, Madam Clerk.
32 June 9, 1994
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-389
A RESOLUTION, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION
EXPRESSING ITS FULL SUPPORT OF THE METROPOLITAN DADE COUNTY
EMPOWERMENT ZONE STRATEGIC PLAN, IN SUBSTANTIALLY THE FORM
ATTACHED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: That's according to the resolution that we have before us; is that right?
Commissioner Plummer: Item 39.
Vice Mayor Dawkins: Yeah.
Mayor Clark: The resolution we have, right?
Mr. Jones: That's correct.
Ms. Hirai: Yes, sir.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Burke: OK. Mr. Mayor, let me just really take this time out to really thank you
all for working together with the County. I think we've done something that really was needed
in this community. Particularly, Commissioner Gort has been there from the beginning, and
your Manager has been wonderful. But Nancy Balm really has done a job, and we promised her
a big raise from the City. But I, also, along with Israel Milton, I just want to tell you that this has
been a joyful enterprise, and I think, you know, Dade County and the City of Miami really are
moving up on this, and I believe we're going to be successful.
Commissioner Gort: Thank you, Commissioner.
Mayor Clark: Thank you. You keeping Israel in shape? You better keep him in shape.
Commissioner Burke: I was asked by the Manager to indicate the application will go here, by
the 15th, it will be presented to the Governor, and the - I'm sorry, the 20th - and the Governor
33 June 9, 1994
has indicated himself that he wants to personally deliver it, so it is - it will will be a Statewide
plan, because we're the only entity that's seeking it in the State, and he will personally deliver it,
I think, to the White House, and to that zone, and that has to be done by the 30th.
Mayor Clark: Very good.
Commissioner Burke: Thank you.
Mayor Clark: Thank you very much.
----------------------------------------------------------------------------------------------------------------
4. APPOINT / REAPPOINT INDIVIDUALS TO SERVE AS ALTERNATE
MEMBERS ON THE CODE ENFORCEMENT BOARD. (Appointed were:
Rose Pujol and Annette Eisenberg.)
Mayor Clark: Item number 2. Mr. Plummer and Mr. Dawkins, you have appointments.
Commissioner Plummer: My appointment is Rose Pujol, P-U-J-O-L.
Mayor Clark: Mr. Dawkins?
Vice Mayor Dawkins: My appointment is Annette Eisenberg.
Mayor Clark: Annette Eisenberg. OK.
Commissioner Gort: I'm sorry, Mr. Mayor, where are we at?
Mayor Clark: That's all. There are only two appointments on that board.
Vice Mayor Dawkins: Oh.
Mayor Clark: All right. Motion and a second on those items, those two names. Please call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-390
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
ALTERNATE MEMBERS ON THE CODE ENFORCEMENT BOARD OF THE CITY
OF MIAMI, FLORIDA, FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
34 June 9, 1994
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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.
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5. BRIEF DISCUSSION CONCERNING RESIDENCY REQUIREMENT FOR
MEMBERS OF ALL CITY BOARDS / COMMITTEE
/ATTORNEY(IES)/TRUSTS. (See label 7)
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Dr-:Yurre: Since we're talking about appointments, where do we stand as far as
residency for these appointments? Because I'rn still up in the air. I have appointments to make,
and I need some direction, and we need to make a decision, one way or another, as to what we're
going to do.
Commissioner Plummer: Mr. De Yurre, I was asked by the Mayor, the - hold on. This is the
book that was formulated by the Clerk, who did one heck of a job. Under the conditions existing
today, to try and decipher between the Clerk and the City Attorney, what this actually - action
taken by this Commission - basically came out to say that we probably need an amendment for
clarification. As you recall, the question was whether or not the terminology to be used was
"work, live or own property." The problem came about in that, referring to owning property,
which was in some way possibly going to be deciphered as owning commercial property. So as
it stands today, it is my understanding, and I would be corrected by either the Clerk or the City
Attorney, that the present is "own, live, or work in the City of Miami." Arid that... I'm sorry?
Unidentified Speaker: Reside.
Commissioner Plummer: "Own, reside or work in the City of Miami" is exactly where it is
today. Now, they have gone, in any one that you wish to look into, this book contains the letters
that were sent out to the people, that those who responded who are in compliance with that, or
those who are not in compliance. So that's, I think, the answer. Unless there is a motion today
to change it, the existing rule is they must own, reside or work within the City of Miami. As you
know, there is a present provision which would allow a four -fifths vote for a waiver. I assume
that the problem there is, once you give the first one, there will be no closing the gap. So I'm not
trying to recommend. I will only speak for myself in this particular matter. I'm very
comfortable with the that fact we have to live in the City to be a Commissioner, and I have no
problem with people who are going to be working in this community for its betterment to
likewise be the same, have that kind of a vested interest. It's up. to the Commission to decide, if,
35 .June -9, 19.94
in fact, they're comfortable with the present, or they wish to change it. I'll answer any questions
you may or may not have, sir.
Commissioner De Yurre: No. I just want to know if that is the, you know, the guidelines, so
then I know what I have to do, and who I can appoint or can't. I just want to make sure that
we're on the same wavelength.
Mayor Clark: You can appoint anyone you want to, whether they live up to those guidelines or
not, if you have four votes of this Commission.
Commissioner Plummer: That's correct.
Mayor Clark: They can live... I would suggest they live in Dade County, at least, but if you've
got someone... you bring it back. I'm on your side, buddy, don't worry.
Commissioner De Yurre: I got you.
Mayor Clark: All right. Those two appointments have been made.
Commissioner Plummer: All right. If that's the... All right. If that's the case, then, Mr. Mayor,
I have no problem with the first appointment that I just made. Now, we're going to go to DDA
(Downtown Development Authority), and there will be no problem there. The problem I do
have is on the Sports Authority. And predicated on that, I do have four members of the Sports
Authority who are not in this compliance, and I don't think... No, none of 'the four are my
appointments.
Vice Mayor Dawkins: Point of order.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: Commissioner Plummer is out of order. The issue is item 3, and we
should discuss item 3 and move on to wherever else we're going, follow...
Commissioner Plummer: Excuse me. Commissioner Plummer was asked a question, and he
was responding.
Vice Mayor Dawkins: No, no, no. You proceeded to tell me about your appointments to another
board, Commissioner.
Commissioner Plummer: No, sir, my... I'm saying that there is a problem existing with the
Sports Authority.
Mayor Clark: OK. We'll get that when we get to it.
Commissioner Plummer: Now, you want to take that up later, or when, I don't care. I'm just
trying to answer a question.
END OF DISCUSSION -- NO ACTION TAKEN
36 ..: - .June ,% 1994
6. (A) APPOINT TIMOTHY PRUNKA AND ROBERT H. ZOELLER TO
SERVE AS MEMBERS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY.
(B) APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY. (Appointed were:
Thomas R. Post, Esq., Jeffrey Bercow, Esq., J. Megan Kelly, Carol Ann
Taylor, Tony Alonso, Anthony Jackson, S. Lawrence Kahn 1I1, Lourdes
(Luli) Landis, Sergio Rok & Miriam Lopez.) (See label 8)
Mayor Clark: Item number 3. Mr. Plummer, you have two, two appointments?
Commissioner Plummer: My appointments, Mr. Mayor, are Mr. Tom Post... Oh, wait a minute.
You want to speak first?
Mr. Johnny Winton: Yes, I do, please.
Commissioner Plummer: Mr. Mayor, that's with your permission.
Mayor Clark: Let him speak.
Mr. Winton: Good morning, Mr. Mayor and Commissioners. My name is Johnny Winton. I'm
with Winco Realty Partners, and I am the chairman of the ad hoc property owners' committee.
f I'd like to take just three quick moments of your time. First of all, I would like all the people
who have been involved in this process to please stand quickly, and thank them for all of their
help and support in this process. Thank you. The second thing I would like to do is on Friday,
each of you were delivered this memorandum, which has a list of names of people that we're
supporting, and I would like to only read this memorandum in the public record, and then I'm
done. And the memorandum is addressed to the Honorable Mayor and City Commissioners
from the Ad Hoc Committee of Downtown Property Owners and Representatives. And it says:
"We had the pleasure of presenting our proposal for reorganizing the board of the
Downtown Development Authority at your Commission meeting of May 5, 1994.
Following your action on our proposal, you suggested we identify the names of
qualified individuals who could serve on the board. The Committee followed that
directive and sent a notice and a ballot for nominating board members to all
property owners within the DDA (Downtown Development Authority) District.
The property owners were asked to submit the names of nominees to serve on the
board, and were invited to a town meeting that was scheduled Tuesday evening,
June 1, 1994, to vote on twelve candidates. Attached as Schedule B is a list of
forty-one nominees whose names were placed on the ballot, either as pre -
nominees or nominated from the floor. The town hall voting process allowed
attendees to vote for up to twelve individual board nominees. Attached as
Schedule A is a list of the top sixteen vote recipients at the town hall meeting.
The Ad Hoc Committee now respectfully requests that the Mayor and City
Commissioners appoint the twelve new DDA board members from among the
attached list of the top sixteen vote recipients."
We thank you very much for working with us. We've enjoyed it and we look forward to
working with you in the future. Thank you for your time and your attention.
Commissioner Plummer: Can I have another copy of that, please?
37 June 9, 1994
s
Mr. Winton: Yes, sir.
Vice Mayor Dawkins: OK, I don't need a copy, because my appointee is not from the twelve.
Mayor Clark: All right.
Commissioner Plummer: Well, excuse me. I asked for a copy, because my appointees are my
appointees, but I am concerned about the two at large.
Vice Mayor Dawkins: Oh, OK.
Mayor Clark: All right.
1
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: The two at large are not on the table at this time.
Commissioner Plummer: That is correct, sir.
I
Mayor Clark: You have two, two appointments, J.L.
Commissioner Plummer: That's correct, sir.
Vice Mayor Dawkins: Mr. Mayor, would it be...
Commissioner Plummer: But we'll vote on the at large.
Vice Mayor Dawkins: Would it be appropriate, Mr. Mayor, since we said that with four -fifths
vote, everybody would be appointed, would it be appropriate to take the appointees from the five
of us, and if nobody objects to one of them, then let's pass them, and if anybody objects, then we
come back and vote on it?
Commissioner Plummer: You mean at large?
Vice Mayor Dawkins: No, the regular.
Mayor Clark: The regular. All right. Let us see what happens here. J.L., you got your
appointments?
Commissioner Plummer: My appointments, the regular appointments will be Mr. Tom Post and
Mr. Jeff Bercow.
Mayor Clark: Mr. Gort?
Commissioner Gort: I have Kelly Meagan and Carole Ann Taylor.
Mayor Clark: Who are they?
Commissioner Gort: Kelly Meagan and Carole Ann Taylor.
Mayor Clark: Mr. Dawkins?
Vice Mayor Dawkins: Tony Alonso and Antonio Jackson,
38 June 9, 1994
Mayor Clark: All right. Mr. De Yurre?
Commissioner De Yurre: Larry Kahn and Luli Landis.
Mayor Clark: My names are Sergio Rok and Miriam Lopez.
Commissioner Gort: All right.
Mayor Clark: Now we vote on the other two.
Commissioner Gort: Mr. Mayor, I'd like to suggest two individuals for the list that would like to
participate. They've been active, and I want you to know for the last six months, I've been
talking to the people and the property owners within the Omni and the Brickell area and the core
downtown, and they're willing to get involved. They'll get involved, and they understand that
they need to get involved. So at this time, I'd like to propose for at large, Tim Prunka. He's
from the core, representing the First Union Building, and Bob Zoeller. Tim Prunka and Tom
(sic) Zoeller. Prunka, am I correct?
Unidentified Speaker: Correct.
Commissioner Gort: And Tom Zoeller - Bob Zoeller, I'm sorry. See, I am changing your name,
Bob.
Commissioner De Yurre: And they're part...
Vice Mayor Dawkins: Wait, hold it here. Wait now. I don't...
Commissioner De Yurre: Are they part of the twelve?
Commissioner Gort: Yes.
Commissioner De Yurre: They're on the list of twelve.
Commissioner Gort: These would be the two at large.
Mayor Clark: Well, those two persons....
Vice Mayor Dawkins: No, at large.
i
Mayor Clark: Wait, wait a minute.
Vice Mayor Dawkins: Go ahead, I'm sorry. Go ahead.
Mayor Clark: All right. Do you move it?
Commissioner Gort: I'd like to propose those two individuals at large.
Commissioner Plummer: Are we all going to propose names?
Vice Mayor Dawkins: Yes, we better.
Commissioner De Yurre: Well, if you got somebody else; if not, they're in.
39 June 9, 1994
Mayor Clark: That's right.
Commissioner Plummer: Well, I was going to propose Mr. Ralph Kapustin, who's very, very
much involved in the downtown and the Dade Partnership, and he's very much interested, and I
think that he's...
Vice Mayor Dawkins: Philip Bloomfield, he's in downtown.
Commissioner Plummer: Well, I mean, if we're going to proffer names.
Mayor Clark: How about Skip Shephard? He's a great guy.
Vice Mayor Dawkins: That's right, that's another one.
Commissioner Plummer: He can't serve on the boards.
i
Commissioner De Yurre: Mr. Mayor, if I may, understanding that Commissioner Gort is
heading the DDA...
Mayor Clark: And he works with them every day. I think he should be...
Commissioner De Yurre: ... and he's going to be working, and they're on the list, you know, my
vote is going to go for his two people. So.
Mayor Clark: You offered the two names? Let's do it like this, see if we got enough.
Vice Mayor Dawkins: But, you see, no, don't say it like that, OK? Wait now, let's work
together. Let's work together. OK? Just say that since Commissioner Gort works with them,
we respect his right.
Commissioner De Yurre: That's right.
Vice Mayor Dawkins: Don't say that your vote will go with him, because he needs four -fifths.
So if J.L. Plummer and I vote against him, he doesn't have four -fifths.
Commissioner De Yurre: Well, why would you need four -fifths...
Vice Mayor Dawkins: So don't create a problem. Just say what you're going to say. Say that...
Commissioner De Yurre: No, no, but listen. But why would you need four -fifths for this? It's a
majority. You just go on the ballot, and you choose and whoever gets the most votes gets in.
It's a ballot kind of thing.
Mayor Clark: This isn't a four -fifths vote. This is...
Commissioner De Yurre: Yeah, but it don't matter.
Mayor Clark: All right. Call the roll on those two names.
40 June 9, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-391
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS AT -LARGE
MEMBERS TO THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
BOARD:
TIMMOTHY PRUNKA (Commission at -large appointment)
ROBERT ZOELLER (Commission at -large appointment)
[Note: The essence of the herein motion was incorporated onto R-94-391.1]
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.
Mayor Clark: Now, that's all finished.
Commissioner Gort: Mr. Chair... Mr. Mayor.
Commissioner Plummer: All right. Now... Now...
Mayor Clark: Now we vote on...
Commissioner Gort: Mr. Mayor, may I say a little statement, as Chairman of the DDA?
Mayor Clark: Surely.
Commissioner Gort: Thank you, sir. First of all, I want to thank all of you for participating in
this process, and I think that we all understand the importance of downtown, and I want to
congratulate the newly elected people. But I'd like to continue this effort that we've done. For
the first time, you've got the Core, the Brickell, and the Omni working together, and I think we
all understand we've got some hard times ahead of us, and the neighborhoods understand the
importance of downtown Miami. But downtown Miami also has realized how important it is for
us to work with our neighborhood. So it will be a pleasure for me to work with all of you, and
I'm sure that all of us are going to be involved in the process. Thank you very much, Mr.
Mayor.
Mayor Clark: Thank you. Now, let's vote on the five - the ten members that we all... Madam
Clerk, call the roll on the ten members, the two, two, two, two, two. All right?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
41 June 9, 1994
NM
RESOLUTION NO. 94-391.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE DOWNTOWN DEVELOPMENT 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 Gott, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
Y p
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
7. (Continued) WAIVE RESIDENCY REQUIREMENT (CONTAINED IN
ORDINANCE 11130) IN ORDER TO PERMIT ELI FEINBERG, STEVE
SUAREZ, JULIO GONZALEZ-REBULL AND BILL BAYER TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
BOARD. (See label 5)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now, Mr. Mayor...
Mayor Clark: Yes.
Commissioner Plummer: If I may, before I was so rudely interrupted. In reference to the Sports
Authority, sir, I wish to call to your attention, predicated on your asking and remaining the
policy as it is, there are presently four members that have been appointed who are not in
j compliance. I bring to your attention the following names: Eli Feinberg, the gentleman sitting
here in front of us; Mr. Steve Suarez.
Vice Mayor Dawkins: Which one? Which one? Which one is Eli Feinberg?
Commissioner Plummer: That ugly one in the second row.
Vice Mayor Dawkins: OK. All right.
Mayor Clark: You're running second to him. Go ahead.
I
Commissioner Plummer: Mr. Steve Suarez, Mr. Julio Rebull, and Mr. Bill Bayer are not in
compliance with the present...
42 June 9, 1994
Mayor Clark: I'm going to move at this time, Mr. Plummer, that all four members be certified
by a four -fifths vote of this Commission. They're all good people, they've served, they got the
background and the intuition, the knowledge. I make a motion of that nature right now, that we
waive that four -fifths vote.
Commissioner Gort: Mr. Mayor, I second the motion. I'd like to make a little statement. These
individuals, like Eli Feinberg is one of the founding members of the Authority; Julio Gonzalez
Rebull, are people that have been serving in the Authority for a long time. A lot of times, when
we have done a lot of things we have grandfathered things in. I think these individuals, they
have worked so hard for the City for so many years, should be grandfathered in, and any new
appointment that replaces them, I think we should abide by the new rules.
Mayor Clark: Roll call, Madam Clerk.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-392
A RESOLUTION WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN
SECTION 2-428 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR JULIO GONZALEZ-REBULL, ELI FEINBERG, STEVE SUAREZ
AND BILL BAYER WHO SERVE AS MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA").
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: Under discussion. I'm voting yes, but this gives the Mayor four
appointees instead of three, but I vote yes.
Commissioner Plummer: I've got to vote no. We sent a thing to the committee. All four of
them are personal friends of mine, they're great people, and they'll serve with distinction. But if
43 . June 9, 1994
W
1-2
we go to a committee, I mean, there's no stopping it now. You're going to have to do it for
every one of the others, and I just think we need to be fair and across the board. We chose a
committee to go out and to do the study. They came back, we adopted their study, and now
we're already going against it. I'd like to vote for these people, and they'll win, but I just want
to make one vote for the committee that I thought did a good job. So I'll vote in the negative.
Commissioner De Yurre: Well, hold it. Then I'm going to change my vote.
Commissioner Plummer: I'm sorry?
Commissioner De Yurre: I'm going to change my vote then. I'm going to vote no. So that'll be
the end of that.
i Mayor Clark: What's the matter, Victor?
Commissioner De Yurre: J.L. comes here and starts speaking about how great these people are.
Now, all of a sudden, he turns around and votes no because he's the one vote that we can still
pass everything, and he's going to vote no.
Commissioner Plummer: Well, yeah, Victor.
Commissioner De Yurre: Hey...
Commissioner Plummer: Excuse me. My problem, Mr. Mayor, is simple. You know, if you're
going to change it, let's change the rule.
Mayor Clark: We did right then.
Commissioner Plummer: No, sir. You did it for just these four. And if you want to change it
and go back to the original system, I'll vote yes. But if you're going to have a rule and you're
going to put a rule in effect, then let's live by it. If you're not, then change the rule, and I'll vote
for these four. They're all friends of mine.
Commissioner Gort: Mr. Mayor.
Commissioner De Yurre: And then whatever we decide here goes into the whole residency issue
of the City of Miami. Remember that.
Commissioner Plummer: That's right. That's right. And that's what you're doing here. You're
taking the first step to break the rule. Now, you want to change the rule, Mr. Mayor? I'll vote
for it.
Mayor Clark: I'll vote for it two.
Commissioner Plummer: Hey, that's fine with me.
Mayor Clark: And all that needs is a majority vote.
Commissioner Gort: Mr. Mayor, if I may.
Mayor Clark: Yeah, you... Go ahead, Willy.
Commissioner Gort: I think we... The motion, and the reason I stated I supported these four
individuals is because they've served, and they've been serving for many years, and they would
like to continue to serve.
44 June 9, 1994
Commissioner Plummer: Sure.
Commissioner Gort: And that's the only exception. Any new appointees, I will go by the
requirement. So what I'm saying is, these people have worked in the past...
Mayor Clark: Ladies... Hold it, just a minute. Hold it, Willy, just a minute. Ladies, please,
there are no signs allowed in this Commission room. Somebody is liable to get hurt with those
things, so please leave your signs outside.
Commissioner Gort: So it's not breaking the rules, so people that, you know...
Commissioner Plummer: Hey, Willy, I couldn't care less. It's just the idea that you're going* to
have one rule that's going to...
Mayor Clark: All right. Are you still OK, Victor?
Commissioner De Yurre: I'll go along with it, but, you know...
Commissioner Plummer: Do what you want. Do what you want.
Mayor Clark: I vote yes. Four affirmative votes.
----------------------------------------------------------------------------------------------------------------
8. (Continued) BRIEF DISCUSSION CONCERNING THE STATE OF FLORIDA
CABINET AND METRO-DADE COUNTIES APPOINTEES TO THE DDA.
(See label 6)
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: I'm listening.
Mr. Jones: You also need to appoint... This is still on DDA. You still need to appoint the
cabinet representative, and also the Metro -Dade representative.
Commissioner Plummer: Mr. Mayor, may I suggest to you - and I cannot speak for Willy - the
one that always attended when I was Chairman was Gerald Lewis. And for whatever reason, I
would say that he probably would be the best one to appoint there. And the one from the County
Commission who always attended, to my great surprise and pleasure, was Arthur Teele. So I
would proffer those two names, if they're in accord with Mr. Gort. I want to give Mr. Gort the
history of when I was there.
Commissioner Gort: Well, since I'm fairly new at this, don't we give the opportunity to the
County and the State to do their selections?
Mayor Clark: Let's do that. Hold up on that, Quinn.
END OF DISCUSSION -- NO ACTION TAKEN
45 June 9, 1994
----------------------------------------------------------------------------------------------------------------
9. DISCUSSION CONCERNING FUNERAL / MOTORCYCLE ESCORTS.
Mayor Clark: Item 4. This is...
Mr. Cesar Odio (City Manager): Commissioner Plummer...
Mayor Clark: What is this, J.L.?
Commissioner Plummer: Well, this is not really my item. It's my item to hold up, because the
funeral homes are concerned, Mr. Mayor. The problem is that the escorting of funerals... I
assume this is all escorts outside of the City, whether it's funerals or otherwise. The funeral
homes, needless to say, are very concerned, because the only ones providing funeral escorts
today are the City of Miami, to my knowledge.
Mr. Odio: Yes, sir.
Commissioner Plummer: There is one private company, which is not very active at the present
time. They did a study, Mr. Mayor, and that study showed that forty-six percent of the escorts
that they were doing in no way, shape, or form affects the City of Miami. And what they're
asking to do is to go back to the old policy that said that to provide a funeral escort, it had to
meet one of three criteria: It either had to touch at the funeral home, the church or the cemetery,
had to be in the City of Miami. Now, I have to say to you that that's probably a fair scenario.
The problem is, is that we are now... We used to run all those funeral escorts when we had
thirty-three motorcycles. Today, we don't have but a third of those, if I'm correct. The problem
existing is, is that what I would ask this Commission to do, is to make that policy effective the
first of October. And the reason for that, Mr. Mayor, is that some people, some other cities have
gone to a scenario, and the Manager and I have spoken about talking to the Fraternal Order of
Police, about them starting a private company, not City -oriented, but a private company, to buy
their own motorcycles and all of that, and they would provide the service to the funeral homes
under whatever is required. So, Mr. Mayor, other than that, I would try to answer any questions
that you might have, but that is the gist of the problem.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: When you say the private firm that is not functioning, which private firm
are you referring to?
Commissioner Plummer: Commissioner, there's a black firm. It's out of West Palm, I believe.
Unidentified Speaker: No,1 think it's North Dade.
Commissioner Plummer: North Dade? All right. The problem with that private firm, sir, is the
fact that they are not empowered to actually, by legal standards, to go through, and break traffic
lights and the other, as an officer, a police officer is empowered to do.
Vice Mayor Dawkins: What is the procedure for empowering them to do that?
Commissioner Plummer: Sir, I can't answer that. I don't know.
46 June 9, 1994
Vice Mayor Dawkins: OK. Let me tell the fellow Commissioners the history of this, and why,
all of a sudden, I'm a little disturbed by the action. During...
Mr.Odio: Mr...
Vice Mayor Dawkins: No, no. I said I'll tell them. No, you listen. I'll tell them. During the
incident after the MacArthur incident, the City of Miami Police refused to provide escort
services for black funerals.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: Yes, sir. Oh, yes. Therefore...
Commissioner Plummer: Sir, that's only with one firm.
Vice Mayor Dawkins: ... a firm started up, and they started providing police escorts for black
funerals. Now, all of a sudden, they've been doing it since then, and now it's illegal. So, Mr.
City Attorney, find me the methodology to legalize these people who've been doing this all these
years, so that they can remain competitive and continue to earn a living.
Commissioner Plummer: I agree with you, Commissioner, but I disagree with you. They do
provide funerals for black funeral homes, and there is one black funeral home, and I will not
mention him, who owes the City over twenty thousand dollars in back...
Vice Mayor Dawkins: Well, name them so we can collect it.
Commissioner Plummer: No, sir, I'm not going to do it.
Vice Mayor Dawkins: OK. Just a minute.
Commissioner Plummer: There is one black firm, that they refuse to ride for, because he owes
over twenty thousand dollars in back fees that he never would pay. He said it was free. Sir, I
join with you in asking the City Attorney to see if there is a legal way, because the same with the
Fraternal Order of Police. It is not... Excuse me, let me clarify this, please. It is not my concern
about the legality. That will either be yes or no. It is the legality that makes the liability yes or
no, and there is the area of my concern; that if they don't have the authority to do such, that the
liability, if an accident were to occur, could be humungus. If they have that...
Vice Mayor Dawkins: But it also means that they can buy insurance which holds the City
harmless. That's number one.
Commissioner Plummer: The funeral home harmless.
Vice Mayor Dawkins: I ain't got nothing to do with that. Hey, I'm worried about the City of
Miami. You're the funeral director. That's your problem.
Commissioner Plummer: It has nothing to do with the City.
Vice Mayor Dawkins: But Mr. Manager, please get with the City Attorney and whoever... And
I don't know why you guys don't want to call his name, because I'm going to find out from you
after a while anyway.
Commissioner Plummer: I'll be glad to tell you afterwards.
47 June 9, 1994
04
Vice Mayor Dawkins: OK. And file a lawsuit on behalf of the City of Miami to collect what
that individual owes, plus any legal fees we incur in collecting our money.
Commissioner Plummer: I agree.
Mayor Clark: All right. Fine. Let's move on.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
10. PERSONAL APPEARANCE: MR. TONY CLEMENTE, DIRECTOR,
MIAMI-DADE WATER AND SEWER AUTHORITY -- STATUS REPORT
TO CITY COMMISSION CONCERNING WASA DEVELOPMENTS AND
REPAIR WORKS.
Commissioner Plummer: Mr. Mayor, the next item is mine, which is item number 5.
Mayor Clark: No, please, please, before we do that. Mr. Tony Clemente. Tony, where are you?
Commissioner Plummer: He's here.
Mayor Clark: He was scheduled at ten o'clock, our WASA director, Water and Sewer
Authority. You're doing a great job on that line, Tony.
Mr. Clemente: Thank you, sir. And that's because I think the... We've had a lot of cooperation
from your staff, along with the citizens of the City of Miami, and...
Mayor Clark: For the edification of all concerned, this is the sewer line that was in bad repair.
It's being replaced by a new sewer line that is how many days ahead of schedule?
Mr. Clemente: It's over a year ahead of schedule.
Mayor Clark: Over a year ahead of schedule. How much under budget?
Mr. Clemente: We estimate it's going to be approximately eight to nine million dollars under
budget.
Mayor Clark: Under budget. Always get chastised when they go over, but never congratulate
you when you're under. Continue, Tony, please.
Mr. Clemente: Thank you, sir. Chairman Teele asked me to come before the Miami City
Commission and give you a status report concerning the commitment that we have made when
the City granted to the County easements to construct this line. And very briefly... I see you
have a full agenda today, so I'm going to be very short. We have a handwritten memorandum
that outlines each commitment that the County made to the City and the status of those
commitments. I'm very pleased, if I... I'll just go highlight some of these. Just a moment.
Thank you. The various commitments was, first of all, we've had, is tried to minimize the
impact of the Miami Arena. We had an extremely good relationship with them. We provided
access during all events, not only to the arena by stopping work, but also all the parking
facilities. We worked double shifts non -arena events, and as such, we've had a minimum
impact. We've hired additional police to help facilitate, at our cost, traffic flow to the arena
48 June 9, 1994
while this construction was going on. We have, do have a full-time City of Miami staff person
working at the department, helping facilitate review of various projects that affect the City of
Miami. We committed to have penalties for crossing of all the main streets in the City of Miami.
I'm pleased to inform you that no penalties were assessed because we completed the crossing of
every major thoroughfare in the City of Miami in less than seven days. We have established a
lifeline rate for water and sewer users, and we're also now developing, we have private
consultant evaluating, trying to establish the economic hardship rate, to make sure that water and
sewer is always affordable for all the citizens in Dade County. We committed to utilize a local
bid preference in awarding those contracts. We did that. Not only that, we had... BBE (Black
Business Enterprise) goals were set for these projects, and I'm pleased to inform you, not only
were the goals met, but the goals were exceeded.
Vice Mayor Dawkins: In those goals, for the "B" contractors, name me some of the contracts
that were let.
Mr. Clemente: Commissioner, I don't have that off the top of my head, but I will supply you...
Vice Mayor Dawkins: No. I'll call you, Tony, I'll call you.
Mr. Clemente: I'll give you a list of all the minority contractors that were used, sir. We
committed to...
Vice Mayor Dawkins: See, I'm interested in some laying pipe and some other, rather than just
labor.
Mr. Clemente: Right. Well, I'll tell you, generally speaking, two of our biggest pipe layers is
Solo Construction and Urban Construction...
Vice Mayor Dawkins: OK.
Mr. Clemente: ... in Dade County, and we use them quite a bit on other jobs.
Vice Mayor Dawkins: OK. Thank you.
Mr. Clemente: We committed to construct an eight -inch force main. The design is complete for
that. We hope to issue the bids in August, and that will be constructed very shortly to serve the
City of Miami. The access road should be completed. We have the design approved now.
We're about to prepare the bid specs for that. We did install the water meter which was
requested, and we also have continued to test the existing line, and monitor that, and the director
of Public Works has been a member of the standing committee to continue to review the status
of that line. And that pretty well summarizes that. As of today, we are in full compliance with
all the commitments we have made to the City of Miami. In addition, the City Manager has
raised concerns about the impact to some of the neighborhoods. We have committed to restore
those neighborhoods back to the condition they were, if not better. In doing that, we intend to...
In some cases, we're going to repave driveways, we're going to provide repaving of the street, of
the full width of the street where any work was done, and we're looking also to provide some
additional landscaping in those areas, where it's desired by the neighborhood.
Mayor Clark: Along the causeway, Tony, on the north side, all the trees will be replaced and
everything else?
Mr. Clemente: Yes, sir. That's a different contract, but all those trees that were removed,
there's a new landscape plan that's been prepared, and that will be fully replanted on an
equivalent amount of trees and vegetation along that causeway.
49 June 9, 1994
Mayor Clark: Nothing from me but congratulations, Tony. You've done a fantastic job in a
short length of time.
Mr. Clemente: Thank you, sir. Again, the other major project that affects the City of Miami, as
far as new development, is on Flagler Street. We, again, are expediting that project. We hope to
have that new sewer line for the portion that needs to be replaced, and for the portions restricting
development. The new portion of the Flagler Street line should be completed by the end of the
year, so that by the end of this year, we do not anticipate there should be any restrictions on
development within the City of Miami, in that we have the plant capacity now, and we have the
new bay line in place, and the Flagler Street line being completed. That's all I have, Mayor. If
there's any questions, I'd be glad to answer.
Mayor Clark: Yeah, question, Tony.
Commissioner Gort: Tony, let me ask you a question. When you're talking about the Flagler
Street, my understanding is, from reading the map, you're only going to come down Flagler
Street to about 62nd or... And then you go into the 4th Street. Am I correct.
Mr. Clemente: I'm sorry, that's correct.
Commissioner Gort: In other words, the Flagler, the corridor of Flagler, the one that holds the
traffic, that will be until the end of this year, or could be sooner than that?
Mr. Clemente: Well, what we're doing...
Commissioner Gort: Because I know you're doing that very fast in there.
Mr. Clemente: We broke up Flagler Street. The entire Flagler Street line has to be replaced
down to... I think it's about... around 37th Avenue, right near the Flagler Dog Track. The
critical section was farther, farther west. So we broke the job up into four segments, and the two
center segments are what we're fast -tracking, and that's where the weak link is in the line, as far
as corrosion, and that's the portion of the line that needed to be replaced, as far as building
permits. So we're fast -tracking that. That's what's going to be completed by the end of this
year. The other two segments will take a little bit longer, but they're not key to new
development in the City of Miami.
Mayor Clark: Very good.
Commissioner Gort: But they're not right on Flagler Street, they're just off Flagler.
Mr. Clemente: No. As a matter of fact, what we did... Again, the existing line goes down
Flagler Street.
Commissioner Gort: Yeah.
Mr. Clemente: Recognizing that, again, our goal is always try to minimize the impact to the
community. To try to put in another line, a new line down Flagler Street, Flagler Street already
has so many utilities in it, Flagler Street has already been rebuilt to some degree, as far as street
construction, and because of the disruption to businesses that would occur if you try to put in a
new line, we took an alternative route, so it's sort of parallel to Flagler. There is one small
portion where it does come down Flagler Street.
Commissioner Gort: The reason I want to congratulate you is because I think that's a great
effort, keeping that off Flagler Street. It'11 be very important for us, and we appreciate that.
So June 9, 1994
Mr. Clemente: Thank you. That's our intent, and, again, as any additional projects come up that
affect the City of Miami, we've been working with your Manager, we've been meeting with
homeowner groups before the job, and then we establish a hot line to ensure that nobody is
denied access to their property while we're doing work, that if dust becomes a problem, we get
notified immediately, and then we're very committed to going back and restoring the area so that
it looks better than it did before we got there.
Commissioner Gort: Thank you, sir.
Mr. Clemente: Thank you.
Commissioner Plummer: Tony.
Mr. Clemente: Yes, sir.
Commissioner Plummer: In that line, people at 15th Road are very grateful that they've done a
great job, and the road is better than it was before.
Mayor Clark: I'm glad they're grateful now, J.L., because they were not grateful three weeks
ago.
Commissioner Plummer: Oh, I understand. You know, that's the way it works. But they are
concerned about a big, red humungus crane that appears to be broken on the corner of 15th Road
and 1st Avenue that's been sitting there for two months.
Mayor Clark: They're trying to break it down and take it apart.
Commissioner Plummer: It's not part of the landscape.
Mr. Clemente: OK. That's not part of our art in public places program.
Commissioner Plummer: It's part of your group that dug the hole in the ground.
Mr. Clemente: No, I understand. As a matter of fact, I've seen the crane, and I'll get a status
report on how soon that's going to be out of there.
Mayor Clark: That's a massive crane. It could pick this building up, I think. Anything else?
Thank you, Tony. Congratulations.
Mr. Clemente: Thank you, sir.
Mayor Clark: Keep up your...
Mr. Clemente: Again, we really appreciate the support we've gotten from the Commission and
the staff.
Mayor Clark: We appreciate your great work you've done on this system here. Keep us out of a
jack pot.
END Or DISCUSSION -- NO ACTION TAKEN
51 June 9, 1994
NKRMM
Uij
-------------------------- -------------------------------------------------------------------------------------
11. DISCUSSION CONCERNING: (a) NEEDED REMOVAL OF SIGN AT
1240 N.W. 59 STREET; (b) NUISANCE ABATEMENT BOARD; (c)
PREVALENT CRIME AND DRUG PROBLEMS -- REQUEST
ADMINISTRATION TO REPORT EVERY MONDAY AS TO POLICE AND
BUILDING OWNER'S STEPS TAKEN IN CONNECTION WITH THE
EXISTING CRIME SITUATION -- ADMINISTRATION TO BRING
ISSUE BACK IN 90 DAYS FOR COMMISSION CONSIDERATION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Number 5.
Commissioner Plummer: Mr. Mayor, this has been before this Commission before. Is Mr.
Arturo here? Arturo? Mr. Mayor, if what is said to me is true, we've got a major problem. He
has a major problem. Arturo has an apartment house at this given location. This gentleman has
explained to me, as he did before, and he has asked the police department, he has cooperated
with the DEA (Drug Enforcement Administration), he has put up a fence around his apartment
house, he has allowed them to use it for surveillance, and yet, when a drug dealer is chased off of
the street by the Police Department, they run him behind the fence that he has put there, written a
notice of violation, and now, he's in front of the Nuisance Abatement Board. This gentleman, to
the best of my knowledge, unless somebody will correct me, has done everything humanly
possible to be a good landlord. He has offered the place to the City for surveillance. He's
offered it, and it has been used by DEA. He has put the fence, as required. Yet, when he asks
for help, the only help he gets is from the Nuisance Abatement Board citing him. Now, unless
somebody can dispute that these statements are not correct, then something is radically wrong.
Mr. Cesar Odio (City Manager): Mr. Plummer...
Commissioner Plummer: Sir.
Mr. Odio: Mr. Mayor, please, if I may. My concern here is that we do have a Nuisance
Abatement Board, that they do hear cases, and they have been very fair. And if we're going to
start bringing here appeals from the Nuisance Abatement Board - I'm not referring to this, in
particular, but philosophically - what do we need the board for?
Commissioner Plummer: Well, I'll tell you what.
Mr. Odio: He was found guilt...
Commissioner Plummer: Then maybe the thrust of what the board is doing - not in this
particular...
Mr. Odio: This whole case was heard, and then he was found guilty.
Commissioner Plummer: Excuse me. He was found guilty of what, sir? I asked...
Mr. Odio: You want me to put it on the record? I'll read it.
Commissioner Plummer: I asked for the...
Mayor Clark: Wait a minute. Let's hear the record, J.L.
52 June 9, 1994
Commissioner Plummer: OK, fine. Go ahead.
Mr. Odio: Defendant was sitting on the second floor balcony when codefendant approached.
Defendant stated, "I got weed." Codefendant tossed the defendant money from the ground floor.
Defendant opened a brown paper sack and tossed down one plastic bag of marijuana.
Codefendant then was stopped by Officer Couseillant from narcotics. He recovered... Officer
Smith stopped... You have a problem with that?
Mr. Aristides Martinez: No, not me. He's asking me if it's me. I'm saying no.
Mr. Odio: No, not you, but it's your building. Officer Smith stopped defendant. Officer
Knowles recovered the brown paper sack from defendant, red shirt... pouch from his red shirt
pouch pocket, and a brown paper sack contained eight clear plastic bags marked "Judah," and
eight manila envelopes marked "Judah," containing marijuana. Defendant had twenty-five
dollars in U.S. currency. And this was brought... And this is not the first time.
Commissioner Plummer: Mr. Manager, Mr. Manager, I will now ask Mr. Martinez to tell you,
sir, what he has told me, what he was told when he calls the Miami Police Department, asked for
help, asked them to come into his apartment complex, and to take care of that matter. Mr.
Martinez, would you tell this Commission exactly what you told me when you asked for help,
what is the response you get?
Mr. Odio: Again, Commissioner, if I may, please, my problem is, in this whole thing, is if we're
going to hear every case the Nuisance Abatement Board hears, we're setting a precedent here.
Commissioner Plummer: We're not setting a precedent, Mr. Manager, if what is happening is
wrong. Now, what I'm saying to you, when a man who has alleged to me that he has done
everything he can do within his power to try to clean that mess up, and he asks for help, and they
turn their back on him, we need to make some major changes, whether it's the Nuisance
Abatement Board, the Miami Police Department. I'm saying to you, if this man didn't do a
damn thing, he didn't put up a fence, he didn't offer his place for the surveillance of the cameras,
or he didn't do anything, then I'd say to you, burn him. Burn him!
Mayor Clark: All right. Please, Mr. Dawkins, you have the floor.
Vice Mayor Dawkins: As J.L. said, this gentleman has been before us numerous times. This
gentleman has a log where he has personally called the Police Department and reported drug
activities in the building. This gentleman has worked diligently to try to solve the problem. The
Police Department has worked as hard as they could to resolve the problem. The police arrest
individuals, and sometimes in as much as twelve minutes from the time they book them, they're
back on the streets, these same individuals, back to this same building. Now, what they're not
saying to this Commission is, this is a major problem, and it has been occurring, and it's going to
continue to occur. If I were Mr. Martinez, the City of Miami would have a serious problem. I
would give you the building. If I gave you the building, you would have to, as the City of
Miami, assume the responsibility. And as the City of Miami, you resume the ability (sic) for the
replacement of the individuals in the building. As the City of Miami, you would have to place
the people in a setting equal to or better than that that they are in, and pay the rent. But we aren't
thinking about that. All we're thinking about, in my opinion, is everybody looking good, and
Mr. Martinez looking like a devil. Now, somewhere along the lines, fellow Commissioners and
Nuisance Abatement Board... No, they're not my favorite, at all. OK? They know that.
Nuisance Abatement Board does not attempt to solve problems, in my opinion. Nuisance
Abatement Board creates problems, in my opinion. OK? But somewhere, the Nuisance
Abatement Board, the City of Miami, the Housing, the DEA, the State of Florida, all of us must
53 June 9, 1994
come together, because if you do not erase this drug problem in this one building, then 59th, 60th
and 61st Street will still remain a drug haven and what have you. Now, I don't know... And I'm
going to leave it to the Manager, that's what we pay him for, and I don't care... And please, Mr.
Manager, don't tell me that anybody who wants to be heard here, that I can't bring them here
because they went before the Nuisance Abatement Board, because anybody who feels that they
have been wronged by the Nuisance Abatement Board, I am willing to hear them.
Mr. Odio: Well, the problem is, Mr. Commissioner, when you created the Nuisance Abatement
Board, you said that all appeals would go to circuit court. And therefore, you cannot, unless you
change that, that's the way it is. That's the way the ordinance was passed.
Vice Mayor Dawkins: OK. Can I abolish the Nuisance Abatement Board?
Mr. Odio: You can do whatever you want, sir.
Vice Mayor Dawkins: OK now. I have no problem with that.
Commissioner De Yurre: Mr. Mayor, it's not just so much a matter of us circumventing the
Nuisance Abatement Board. I believe that any individual has a right to come here and speak
their mind. There is no question about that. Then again, we're not here to tell the Nuisance
Abatement Board what to do. There is a procedure that exists, and as long as that procedure
exists, it has to be followed. However, that does not take away from the fact that what his
problem is, is something that needs to be addressed.
Commissioner Plummer: That's...
Commissioner De Yurre: And that is why he is here. That's why J.L. brought it before this
Commission. That's why we're discussing it. And certainly, when you hear what he's saying,
when you hear what J.L. is saying, something is wrong somewhere, and that's what we need to
address.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Commissioner Gort.
Commissioner Gort: I'm fairly new at this game, but the feedback that I received from a lot of
the neighborhoods on the Nuisance Abatement Board, they've done a great job in there. And I
sat down with Mr. Martinez, and he talked to me, and I think it's unfair to hear something here,
if we don't hear both sides. I think in every argument, there's two sides to each one of them. So
I think if we're going to have Mr. Martinez in here, and appealing this, I think we should hear
from the other side also, because I don't like to hear one side of the argument. I like to hear both
sides of the argument.
Commissioner Plummer: Well, we've not heard from him. We've not heard from Mr. Martinez.
Mr. Martinez: My name is Aristides Martinez, for the record, and I am not here to appeal a
decision by the Nuisance Abatement Board. I am here to ask this Commission for help,
because... And "help" translates in more of a police presence in that area. OK. I am here
because as a taxpayer and somebody that has or is responsible for approximately a ten million
dollar investment in Liberty City, and we pay eighty-five thousand dollars of taxes every year,
we do not get the police presence in there that we need to get, due to, based on the number of
arrests, and killings, and drug pushings that happen around that area. And the people that live
there are also citizens of Miami, and they are entitled to receive the same police protection that is
evident in other areas of the City of Miami. In addition to that, all of the... So all of the cases
54 June 9, 1994
that the Nuisance Abatement Board, in this particular building that they're addressing to, none of
the people are residents of my building. But, you see, they mill in the parking lot, or they are
outside. Sometimes they run into the building, or they might be in the second floor of the
building. You know, I would have to have twenty-four hour police presence in there to preclude
nonresidents from coming into the building. I cannot lock the gates, because the Fire
Department requires that at least one gate be always open on the perimeter of the site. So access
to the building by undesirables is something very difficult to do, unless you have a police
presence of twenty-four hours a day. The project does not produce the money to provide for a
twenty-four hour police protection, which, if we only had one pair of policemen, it would be
three hundred and twenty-two thousand dollars a year. OK? This project cannot support that.
So I am here, like I was here in January of 1993. The solution is on a two... on an effort on both
sides. It's an effort on the part of the owners, and as Mr. Plummer said, you know, I am certain
that, you know, there are other things that we can do, and I am... I'm willing to do them, with the
recommendation of the Nuisance Abatement Board or with the recommendation of whomever
that has a good idea that we can implement. But presently, we do background tests on all of our
tenants, criminal background tests on all of our tenants. We also have a... have provided units
for DEA, ATF (Alcohol, Firearms, and Tobacco), the City of Miami Police, to do sting
operations within the apartments. We call the Police Department whenever we have a situation
that is apparent to us that we see from the office. Now, these are eleven buildings, so we have an
office in one of the buildings. We don't have a constant presence in all of the buildings, and
some tenants, frankly, are afraid to call the police, because most of the times, unless they can
give an anonymous tip, they have to leave their name or where they live, and they live in a
constant... I mean in a total terror, to live in that area. So I am here to ask on behalf of the three
hundred and seventy-five children that live in my projects, you know, and the families, and the
mothers, and all that, that live there, please, give me some meaningful police, uniform police
presence in those streets, 59th, 60th, 61st Street, not for my project, but for all of the projects that
are in that area. I am not here appealing a decision of the Nuisance Abatement Board.
Commissioner Gort: OK. Good. Thank you, sir.
Major Gwen Boyd: Good morning. I'm Major Gwen Boyd, the commander of the North
District Sub -Station. I just want to say that the citizens who reside at 1240 Northwest 59 Street
are fed up with the constant drug transactions that are occurring. Mr...
Commissioner Plummer: Are they the residents of that area, or they are residents of somewhere
else?
Major Boyd: They live at 1240 Northwest 59 Street. Mr. Martinez' property went before the
Nuisance Abatement Board as a result of the collaborative effort of the Neighborhood Resource
Officers, the NET (Neighborhood Enhancement Team) Administrator, the street narcotics unit,
the POPS (Push Out Pushers) unit, ATF, and the citizens who were constantly calling the Police
Department complaining about the amount of drug transactions occurring on their property. As
of last Saturday, the street narcotics unit, Lieutenant Darling's crew conducted a sting operation,
and during the process, they were shot at. We're not saying that Mr. Martinez is not doing
something. We're saying that the Police Department is out there on a regular basis, on a daily
basis, doing stings, via the POPS unit, the street narcotics unit, or the impact teams, as well as
the patrol officers, trying to effectuate arrests. However, we have more than one hot spot within
the north district. We have at least about sixty to seventy-five. And what are we doing?
Continually sending these specialized units to these particular areas, and the bad guys get out,
they go right back out there and sell drugs again. What we want to do is make these landlords
more accountable for their property. Mr. Martinez has been working with us, but what he is
doing is not enough. The Police Department is very supportive of the Nuisance Abatement
Board, because that is our vehicle for making sure that these landlords take accountability for
this property. The citizens keep asking us, "Why can't you do more? Why can't you arrest these
55 June 9, 1994
people?" We arrest them, and they go right back out there and continue their same business.
The only way we can do something about stopping it is to make those landlords assist us. And
all we have asked Mr. Martinez to do... He has complied with some things, but we want him to
do... The citizens call, but they are not about to go out there and confront the drug dealers on the
property. We have asked him, the Nuisance Abatement Board has ordered him to assign a
twenty-four hour on -site responsible person who would go out and challenge that person.
Commissioner Plummer: A guard, that's a policeman.
Major Boyd: They have erected the no -trespassing signs. When the Manager goes out there and
sees someone, all he has to do is call the Police Department. If the person is there, then we can
make the arrest. The Nuisance Abatement Board has also requested that he provide some type of
management plan as to how he's going to manage his particular apartment complex. So far,
based on what I have been told, he has not done that, saying that he cannot afford to do so. And
another request has been to obtain a private security company or off -duty officers. I mean, we
are not proposing to him to hire an officer, we are just asking him to make sure that he has
someone on the property who would be accountable, who would call the police and let us know
and we can go and remove the unauthorized person.
Commissioner Plummer: Major, do you admit that he has a major problem...
Major Boyd: Am I...
Commissioner Plummer: ...with drugs in that particular area?
Major Boyd: I am saying that he has a major problem, the Police Department has a major
problem and there is only so much...
Commissioner Plummer: Do you admit that the gentleman has asked time, and time, and time
again for help from the Police Department, offering his premises to be used in any way, shape or
form, using the Police Department to come in and question any and all of his tenants? Has that
not been the case?
Major Boyd: Mr. Plummer, this came up as a result of Mr. Martinez going before the Nuisance
Abatement Board.
Commissioner Plummer: That... You are not answering my question.
Major Boyd: And when he offered the unit, then he went to some community meeting and
advised the people that this is what was going to occur...
Commissioner Plummer: That was last January.
Major Boyd: ...and of course, that could not occur. So now he has offered an alternate unit for
us to work with.
Commissioner Plummer: He offered that last January when he was here before. You know, my
problem, I guess, is very simple. And just for the record, I was the one who brought to this
Commission - thought then, and still think now - the Nuisance Abatement Board is a very fine
tool that we have within the City. It doesn't mean that sometimes boards that are the best in the
world don't need some changing. That's why I brought this to the table. Now, as far as I am
concerned, with the attitude that has been prevailing here today, Mr. Martinez, if you don't sell
those damn buildings, and get out of the City of Miami, you are a fool, sir. Because I want to
tell you something, obviously, you are not going to get any more help than what you've had in
56 June 9, 1994
the past, and you are going to continued to be cited, and I don't know what else to tell you. You
know, here you are providing housing, which was something we've been trying to do. You tell
me that you've done everything that you can.
Commissioner De Yurre: Let me ask, J.L. Mr. Mayor, if I may?
Mayor Clark: Yes.
Commissioner De Yurre: Do any of these criminals, or alleged criminals, live in that property?
Major Boyd: We have asked for a list of the residents living within that complex.
Commissioner De Yurre: Well...
Major Boyd: We've just received it.
Mr. Pierre Rutledge: Pierre Rutledge, coordinator of the City's Nuisance Abatement Board.
What happens is that this is a property for unwed mothers. And what happens, a lot of the guys
who are arrested are boyfriends, brothers, etc. of the women who live in the apartments. When
the arrest is effectuated, they are asked, "where do you live?" "I live here, in apartment 11," is
the answer. So that's what goes on the "A" (arrest) form. What you had, you had tenants,
women, who came and said, "Well, yeah, he was my ex -boyfriend, but we broke up." And they
were being arrested on the property. So there is some connection.
Commissioner De Yurre: OK. Now, are they being arrested on the property because they are
doing their activity on the property, or that they end up in the property after they go around the
neighborhood selling?
Mr. Rutledge: There are two scenarios. One, they are arrested on the property.
Mayor Clark: It sounds like the Jack Boys.
Commissioner De Yurre: Well, I know they are been arrested on the property. I'm saying, are
they committing the crime on the property, or are they around the neighborhood, and then they
come back to the property?
Mr. Rutledge: Both scenarios.
Commissioner De Yurre: Because you know, the problem that I face...
Mr. Rutledge: Both scenarios. For example, if we come in... if the Police come in and someone
is on the sidewalk...
Commissioner De Yurre: Yeah.
Mr. Rutledge: ...and they are dealing from within the property...
Commissioner De Yurre: Uh-huh.
Mr. Rutledge: ...and they go inside and there are stashes hidden on the property...
Commissioner De Yurre: Uh-huh.
57 June 9, 1994
Mr. Rutledge: ...and they go in to make the transaction there, and an arrest is made where they
are standing on the sidewalk, but the arrest is made on the property. OK. That is the point of.
initiation...
Commissioner Plummer: That's where the fallacy comes in.
Mr. Rutledge: ...of all the transactions. And what happens, what you will find, the tenants came
down here and basically said it was out of control.
Commissioner De Yurre: Well... You know, the problem that I see with this is that here we
have a situation wherein, you have individuals, such as this gentleman here that owns property.
He's going to the Police for aid. Now, the Police is saying, "Listen, we arrest these people."
Which you are, you are doing your job arresting people. But, yet, they keep committing the
crime. Now, they keep committing the crime because they are arrested, and they go right back
out again.
Commissioner Plummer: That's true.
Commissioner De Yurre: And they know that it's a revolving door, and they know that they are
going to spend... Tonight I'm sleeping in jail, but tomorrow I am going to be here at 9 o'clock
again, so I'll see you tomorrow, and bring the cash because I'll have the stuff for you. And that
goes on. Now, the system is the one that is failing. And he's a victim, you know, you are
looking at a man that is a victim of the system because if these guys are in prison, and they are
done away with the first time they are arrested, he has a clean building. He is going to have a
super clean building. Now, you are saying for him to have a 24 hour security guard kind of
thing. There is no way in hell you are going to find any security guard that is going to put his
life on - they'll work at the bank, and bring coffee, you know, to the tellers, and hang out, and
bring sandwiches, and stuff like that - they are not going to put their lives on the line for five or
six bucks an hour. You are crazy to expect that. So, you know, what you are asking of him is...
he's the victim, the system is failing him, it's failing you, it's failing me, it's failing all of us. So,
I think that we need to look at this from a different angle and not put so much burden on him
because it just cannot work that way.
Mr. Rutledge: Commissioner, if I can...
Vice Mayor Dawkins: And I have to agree. I'd like to ask one question though.
Mr. Rutledge: Sure.
Mayor Clark: Go ahead, Miller.
Vice Mayor Dawkins. And I want to make a statement, and then ask a question. For those of
you who do not know, Mr. Martinez was coming to us with this problem before the Nuisance
Abatement Board.
Commissioner Plummer: That's right.
Vice Mayor Dawkins: So he didn't come to us for help after the Nuisance Abatement Board got
on him. Now, check the records, and you will find that he was here long before the Nuisance
Abatement Board. And I'd like to say... piggyback on what Commissioner De Yurre said, you
just told me that individuals in that building shot at a uniformed policeman. OK. And now you
are going to ask that they hire somebody...
Commissioner Plummer: That's not what they said.
58 June -9, 1994
Vice Mayor Dawkins: ...to manage the building, and run out there, and they stop them. I said
that's ridiculous. Who is going to put their lives at stake, when a policeman has been shot at,
and you are going to hire me, like you said, for $6.00 an hour to get shot at. It won't work.
Commissioner Plummer: Mr. Dawkins, that's not what I heard, and I would like that clarified. I
understood...
Mr. Rutledge: The clarification is under...
Commissioner Plummer: ...during a sting -operation...
Mr. Rutledge: Correct.
Commissioner Plummer: ...a policeman was shot at. Not necessarily from that house, or by a
resident of that house. That happens in a lot of cases. Last night it happened in Coconut Grove a
lot. You know, I wonder last night as I came to the City Commission last night, and I watched
drug dealing go down in the corner of Mary and Oak, if they are going to get that place of
business and close it up because they are dealing on those peoples property? It's interesting to
know. And last night, as they were all doing their thing, they were still dealing on the corner of
Mary and Oak on a bicycle. I...
Vice Mayor Dawkins: Well, J.L., let me tell you...
Mayor Clark: All right...
Vice Mayor Dawkins: Just one. I'm closing this if you'd allow me, Mr. Mayor. I have a drug
flea market which operates on 59th, 60th, and 61st Street, from 12th Avenue to 17th Avenue. It
is a drug flea market, you can purchase anything you want, and you will get shot at anywhere
between 12th Avenue and 17th Avenue, on 60th Street, 59th, and 61st Street. So, when you tell
me that they were shot at in that vicinity, I'll accept that, and tell you that you are dead right, and
some more will be shot at tonight or tomorrow night.
Commissioner Plummer: Mr. Mayor, may I close?
Mayor Clark: Let Mr. Martinez say something.
Commissioner Plummer: I'm sorry.
Mr. Martinez: May I? Excuse me. I just wanted, for the record, to say to the Mayor, that the
Management Plan, and Mr. Rutledge knows, was submitted to the board, and it was approved. I
also want to say to the Mayor, for the record...
Commissioner Plummer: How long ago?
Mr. Martinez: On the last meeting of the Nuisance Abatement Board, we were requested to have
it, and we produced it on the 1240 Building.
Commissioner Plummer: Is that true, Mr. Rutledge?
Mr. Rutledge: Hum -hum.
Commissioner Plummer: Well, then why did the Major say that it wasn't, that they are still
asking for it?
59 June 9, 1994
Mr. Martinez: I don't know.
Mr. Rutledge: Maybe that was An error.
Commissioner Plummer: Oh, OK.
Mr. Rutledge: We do have that, but there is some parts of the order which haven't been adhered
with. If he adheres...
Commissioner Plummer: He is in compliance with the request.
Mr. Martinez: OK. I'm sorry, may I finish?
Mr. Rutledge: The request for the Management Plan, yes, but there are some other things...
There are some other things that we've asked for in the Management Plan that are not there, it's
incomplete.
Commissioner Plummer: OK.
Mr. Rutledge: All right, so... Yes, something has been presented, but it's not complete. And I
don't want to sound on the defensive, but I have to put this on the record, the Nuisance
Abatement Board, and Commissioner Plummer, you are an active member of the Florida
Leagues of Cities, has been rated number one in the Southeast region, as far as Nuisance
Abatement Boards nationwide. What we were created to do was handle a problem that I think
had really gotten out of control. You arrest them, they go to jail, they come right back out, it's a
revolving door syndrome. And you had land owners saying, "Well, what do you want me to
do?" What we set out to do is to have responsible land ownership. And what has happened, as a
result of our actions, Mr. Martinez is working with the police, he's getting the attention that he
should get, but the problem is still existing, but they are not existing to the level that they were
existing before. If we would have never addressed it, I can imagine it would be out of control.
In defense of some of those properties on that street, there are some clean properties, on that
street. Mr. Martinez owns some clean properties in that area, but there are others that are not
clean properties. We want to address them because what happens is the citizens cry out for it,
the tenants cry out for it, we need help. And it would be a disservice to the citizenry of the City
of Miami if we did not address it. And Mr. Martinez has been the only one to come before this
Commission to complain about it. Most of the land owners say, "You got me, you are telling the
truth, I've been looking for this relief to help me work this problem out for five or ten years."
This is a single case, and I think this should be no reflection of the good job that the Board is
doing.
Commissioner Plummer: Mr. Rutledge, you are never so good that you can't be better.
Mr. Martinez: May I?
Commissioner Plummer: I would like to close.
Mayor Clark: Let me Mr. Martinez say something.
Mr. Martinez: OK. Thank you, Mayor. Basically, I wanted to correct for the record that the
Management Plan was presented, and in spite of what Mr. Rutledge says, it was approved by the
Board on the 1240 Building. OK? So, as far as I am concerned, I don't have anything additional
to do on the 1240 N.W. 59th Street Building pursuant to the Nuisance Abatement Board other
than appear there once a month for the next six months, on that building, to give them a status
60 June 9, 1994
report. Also, I was never requested to have... I was... I cannot provide a person that will reside
in that building, that will confront those drug dealers, OK. I just cannot provide, find, that
individual. And the tenants that are in there, the only thing that we did on the 1240 Building is,
we identified one person that will be on call 24 hours a day. I just wanted to correct the record
on that issue. Thank you, that's all. Thank you very much.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Lock it up, J.L. Commissioner Plummer: Mr. Mayor, I would request the
Administration be charged with the responsibility, on a weekly basis, that every Monday
morning, every Commissioner sitting here, receives a report of what the police has done for this
given locale, and what the owner of the building has done. So that we, the Commission, can
make a rational judgement in the end of 90 days bring this matter back before the City
Commission, and we will then have some kind of an experience of what has been going on, and
this Commission then will take action if necessary whether that's in a form of a motion, if it's
necessary, I don't think it's unreasonable to ask...
Mayor Clark: No, it's just... Mr. Manager, you can respond to that request.
Vice Mayor Dawkins: And I'd just like to say in closing, Mr. Rutledge, the Nuisance Abatement
Board is only as good as it is because this City Commission allowed you and others to go around
the country and look at other Nuisance Boards as you organized this one. And that's why you
picked up on all of the mistakes that the others made, and you eliminated them and made yours
the best in the nation. But it wasn't because you went out from scratch and came up with the
best thing since high button shoes.
Mayor Clark: All right. Thank you, folks, for being here. Thank you, Mr. Martinez.
Mrs. Matty Hirai: Mr. Mayor, do we call the roll on... Is it directive? It's directive.
Commissioner Plummer: He said he didn't need it.
Ms. Hirai: Fine, thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
12. (A) DISCUSSION CONCERNING THE SALE OF CITY ASSETS.
(B) BRIEF COMMENTS CONCERNING PROPOSED RESOLUTION TO
ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE
COUNTY FOR SALE OF CERTAIN PROPERTY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number six. Miller, this is your item.
Vice Mayor Dawkins: Mr. Mayor, I would like to either move number 6 to be heard with item
35, or hear item 35 with number six. Whatever pleases the...
Commissioner Plummer: What's 35?
Mayor Clark: What is 35?
61 June 9, 1994
Mr. Cesar Odio (City Manager): Thirty-five was withdrawn.
Mayor Clark: Was it what?
Mr. Odio: Thirty-five has been withdrawn.
Commissioner Plummer: Oh. OK. Yeah.
Vice Mayor Dawkins: I'll discuss 35 on the 6th.
Mr. Odio: I mean, we withdrew that item. It's not going to be...
Vice Mayor Dawkins: That's all right.
Commissioner Gort: Thirty-five will be...
Vice Mayor Dawkins: All right. I'll take six and discuss 35. I don't have no problem.
Mayor Clark: What is it?
Vice Mayor Dawkins: Mr. Mayor and fellow Commissioners, we are constantly selling City of
Miami properties. In fact, the item that was pulled from the agenda, was to sell a piece of
property for $6 million, which I'm glad it was pulled. And I did not see an appraisal of the value
of the property. I did not know what the date of those appraisals were. Nor did I see - and this
goes for all of the properties being sold by the City of Miami - I have yet to see concerning item
36...
Mayor Clark: Thirty-five.
Commissioner Plummer: Thirty-five.
Vice Mayor Dawkins: ...thirty-five, where the County Manager went before the City... the
County Commission and asked them to pass a resolution allowing him to purchase a piece of
land from the City of Miami for $6,000,000. I have not seen that. I have not seen where the
hospital trust...
Commissioner Plummer: Oh, yeah.
Vice Mayor Dawkins: .. organized... authorized by a board action, the trust to seek to purchase
the piece of property for $6,000,000. So we are talking about selling property, and I don't ever
I see a tendered offer. Now, I am requesting that no property sales be carried out until October.
Now, I have said here, and I often see where projected income, which in my opinion, if you do
not have a tendered offer for $6,000,000 for a piece of property - that's a projection - these
projections are factored into the budget as anticipated income. The State of Florida says the
budget's numbers must balance. It did not say, "Dollars must balance." So, therefore, when you
I balance numbers and the budget is passed, and you move numbers around, it's not bad. So I
I, would hope that by withdrawing this item, that the Manager will not put it back on the agenda
until October.
Commissioner Plummer: May I discuss, Mr...?
Mayor Clark: Yes, sir, you sure may.
Commissioner Plummer: One of the reasons... my colleague is absolutely correct. One of the
reasons it was withdrawn was it was to be taken before the full board today of the Public Health
62 June 9, 1994
i;
Trust. Those who had negotiated had agreed upon, and the Administrator had agreed upon. I...
it's unfortunate that the Administration has not provided, and I would hope that you would
provide my colleague with the appraisals so he could see them. To my colleague, there is one
way that I would like to recall to your attention that there is a guarantee - a guarantee - that the
moneys that are derived from the sale can be assured and completely locked. And that is in the
cash fund of the trust fund, if you designate those dollars to be placed into there, they can only
be removed from that fund on a 4/5ths vote of this Commission.
Vice Mayor Dawkins: Commissioner Plummer.
Commissioner Plummer: And I think...
Vice Mayor Dawkins: Let me cut you off right there, please.
Commissioner Plummer: Sure.
Vice Mayor Dawkins: Just one permission.
Commissioner Plummer: Sure.
Vice Mayor Dawkins: Miami Dade Community College bought a piece of property from the
City of Miami...
Commissioner Plummer: The adjacent piece, yes, sir.
Vice Mayor Dawkins: At which time the City received $4,000,000 for that piece of property. At
that time the sitting Commissioner Miriam Alonso passed a resolution, and it was voted on by
this Commission, that that money be placed on a trust and not be moved unless it's by a 4/5ths
members of this Commission. That money is not in the trust, and I don't ever remember voting
to move it out. So don't tell me about putting money in trusts because it doesn't exist.
Commissioner Plummer: Mr. Dawkins, then let's call some people on the carpet. Mr. Manager,
where is the 4,000,000?
Mr. Cesar Odio (City Manager): We have a fund balance of $4,000,000. And the appraised
value, by the way, on this property that we are talking... first of all, since I've been Manager in
my memory, we have only sold one piece of property, and that was to Miami Dade Junior
College to enhance the hospital college that they have there.
I Vice Mayor Dawkins: Medical college.
Mr. Odio: The Jackson Memorial Hospital is in dire need of expansion to serve the citizens of
Miami. They came to us and wanted this additional parcel. The two parcels were appraised, and
I'll provide the copies of the appraisals. The highest appraised value of two parcels was
$6,000,000. We are getting... We are selling one parcel for $6.3 million.
Vice Mayor Dawkins: And you mean to tell me that the County Commission...
Commissioner Plummer: No, no, no. Excuse me. Excuse me.
Vice Mayor Dawkins: ...is going to allow the County to pay you more than the assessed value of
a piece of property with public funds? What?
Mr. Odio: I said that we, Commissioner Plummer and 1, negotiated the best deal possible for the
City of Miami.
63 June 9, 1994
Vice Mayor Dawkins: Yeah, but no, no. I'm not asking what you two negotiated. I am asking
you, have you been before the County Commission or the trust, and told them that you are going
to pay one third more than the appraised value for a piece of land, and the County Commission
or the trust okayed it?
Mr. Odio: As we said, that's not my job.
Commissioner Plummer: Well, excuse me.
Vice Mayor Dawkins: Well, then it's not your job to bring it here to me until it's been done.
See what I'm trying to tell you, Mr. Plummer. You all...
Commissioner Plummer: Let me clarify for the record, the Manager, at one time, and I met with
Mr. Ira Clark who is the Administrator and Mr. Alan Rosenthal who is the attorney for the board,
and that is where the negotiations commenced and the negotiations ended. Now, let me clarify
one other point, it is not 6.3, it is $6,000,000. The only thing that they have beyond that is they
have the first right of refusal on what is referred to as parcel two and parcel three.
Vice Mayor Dawkins: What is the appraised value of two and three?
Commissioner Plummer: There is no appraisal. To my knowledge, there was none done, sir.
Vice Mayor Dawkins: So, don't talk about giving him away...
Commissioner Plummer: Well...
Vice Mayor Dawkins: ...until you know how much they are that you are giving away.
Commissioner Plummer: We are not talking about giving them away, Commissioner. We are
saying they have the first right of refusal, that's all.
Vice Mayor Dawkins: That's giving it away.
Commissioner Plummer: No, sir, it's not. There is not a price set.
Vice Mayor Dawkins: You don't have... you don't have an appraisal.
Commissioner Plummer: Sir, we are not even negotiating that they are taking that. The...
Vice Mayor Dawkins: You are saying they have the right of first refusal, that is...
Commissioner Plummer: Of...
Vice Mayor Dawkins: ...the right to...
Commissioner Plummer: All right.
Vice Mayor Dawkins: ...buy over anybody else.
Commissioner Plummer: They have the right to refuse.
Mr. Odio: ...price.
64 June 9, 1994
El
Commissioner Plummer: And our refusal also at the right price, of course.
Mr. Odio: By the way, one of the parcels that we are talking about is the transfer station. We
are under contract with the County until the year 2006. So there is no way, unless the County
abandons the transfer station, that we could even talk about it.
Vice Mayor Dawkins. Well, when you come back in October have me an appraisal on all of
them, a reasonable appraisal.
Mayor Clark: Please, excuse me, Mr. Dawkins. This item 35 is deferred...
Commissioner Plummer: That's correct.
Mayor Clark: ..until the next meeting.
Vice Mayor Dawkins: The next meeting?
Mayor Clark: yes.
Vice Mayor Dawkins: See? You see, this is why I'm saying and this is why I get very angry
and very disturbed, OK. Now, I asked that this be placed on the agenda so that I could react to
it. And I'm getting a little disturbed, Mr. Mayor. It was pulled off the agenda for me not to
discuss it, and I don't want it back at the next meeting, and then you guys pull it off and slip it
back under at the next meeting. That's unfair to me, Mr. Mayor.
Mayor Clark: I didn't know. I'm not slipping anything.
Vice Mayor Dawkins: That is unfair.
Mayor Clark: That was the...
Commissioner De Yurre: Mr. Mayor, if I may for a minute?
Commissioner Plummer: May I just clear the record, please, Victor? The matter was pulled off
of the agenda at the request of Mr. Rosenthal from the Public Health Trust who...
Mayor Clark: It wasn't pulled off because of us.
Commissioner Plummer: ...called me... I asked him to call the Manager and convey that the
request to be pulled off the agenda came from Mr. Rosenthal, not from me, not from the
Manager.
Vice Mayor Dawkins: OK. Well, I'm requesting, as a Commissioner, that it be pulled and put
back on the agenda in October. That's my request as a Commissioner.
Commissioner De Yurre: Mr. Mayor, if I may?
Mayor Clark: Yes, sir.
Commissioner De Yurre: To begin with, just so that everybody understands, you know, a right
of first refusal, what it means is that you get the best price, and then they can either match it or
not, it isn't that you are going to them and you negotiate with them solely for that matter. Now,
I'm listening to all that is going on. One thing that is very disturbing to me is that if we got
$4,000,000 for the sale of the other piece of property, and it was supposed to be put in a trust,
that all we are hearing is that there is only $4,000,000...
65 June 9, 1994
Commissioner Plummer: In the trust.
Commissioner De Yurre: ...that exists on our balance, which means that there isn't another
penny. If it weren't for this piece of property, we'd be at zero. So that's a concern, needless to
be said. What we are looking at is another situation, and I believe that Miller has a good point in
saying, "Hey, we are selling and then the money is gone, or nothing happens." We may want to
have a policy here that whatever property is sold that that money be used to purchase property,
other land for other use. Obviously, this land is of no use to us right now, and it something that
is needed by Jackson. We have to understand that because we are not doing much with that right
now. So if we have, all of a sudden, a pot of $6,000,000, then there should be something to be
considered of saying, "Hey, we are going to have this money available. What needs do we have
as far as acquiring new land, acquiring property, that we may want to benefit our community and
improve the quality of life of our citizens?"
Commissioner Plummer: Victor.
Commissioner De Yurre: You know...
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: Just... if I may, let me just answer Victor, if I may? Victor, that is not
property that is not being used, and this is not money that will just be used for whatever. That is
presently the motor -pool...
Commissioner De Yurre: Uh-huh.
Commissioner Plummer: ...it is presently the communications. It has been estimated - right or
wrong - but the number given to me to duplicate the motor -pool across the street on another
piece of City -owned property is going to be in the neighborhood of $4,000,000.
Commissioner De Yurre: OK.
Commissioner Plummer: So, you know, you are not just taking $6,000,000 and blowing it to the
wind, of the six that you are getting, at least four, will be going to put a state -of -the art motor -
pool in place of what was now rundown and decrepit. So I just want that in the record.
Commissioner De Yurre: Well, isn't that basically what I'm saying, that it's being replaced...
it's being... the money is not just being put away were it dwindle away and disappear in time.
Commissioner Plummer: OK. I just want you to know that it's not - you know - a piece of
property that is not being used. And let me just say for the record, Mr. Mayor, this, the urgency
here is not our urgency to sell. The urgency is that of the hospital which has to build a
diagnostic center to go along with the trauma center. At least that's what they said to us. That
they are in dire need to start that construction yesterday. Now, if the answer is going to come
back that this can't happen, I think it ought to come back as quickly as possible to them that they
know that this ain't going to happen. If not, then I think it needs to happen the other way for the
purposes of the safety of the people of this community. I'm not making accusations that that's a
true statement or not, I'm telling you that is what we were told.
Vice Mayor Dawkins: And that's all I said was that if Jackson waited this long, they can wait
until October to get the property. That's all I said.
Mayor Clark: Is there a special reason you want to wait until October?
66 June 9, 1994
Vice Mayor Dawkins: Yes, sir. Because... Yes, sir. I just said, I just don't see the money being
parlayed,and I just would like to wait that's all. I have no problem. I will vote for it in October.
One vote against it in July means nothing, but I will be voting negatively in July. Again, I'll be
on the losing side of if for one vote. That is nothing unusual up here.
Mayor Clark: You're gaining, though. Every time you're gaining. Right?
Vice Mayor Dawkins: Well, it depends on whose empire it is.
Mayor Clark: Well, I don't go to the hospital, so. All right, let's move forward.
END OF DISCUSSION -- NO ACTION TAKEN
-----------------------------------------------------------------------------------------------------------------
13. PERSONAL APPEARANCE: LEONA HELEN COOPER, ON BEHALF OF
THE LOLA B. WALKER'S HOMEOWNERS' ASSOCIATION --
CONCERNING REQUEST FOR REOPENING OF JEFFERSON STREET,
(BORDERED BY WASHINGTON AVENUE AND CHARLES TERRACE) --
REFERRED TO CITY MANAGER -- SCHEDULE PUBLIC HEARING.
-------------------------------------------------------------------------------------------------------------
Mayor Clark: We are going to hear from... is it item 21?
i
Commissioner Gort: Yes, sir.
Commissioner Plummer: Are we on item...
Mayor Clark: These young people were waiting long enough.
Commissioner Plummer: I don't know, ask the Mayor.
Mayor Clark: Twenty-one. Twenty-one.
Ms. Leona Helen Cooper: Good morning.
Commissioner Plummer: What number?
Commissioner Gort: Twenty-one.
Mayor Clark: This is...
Ms. Cooper: This one?
Mayor Clark: Yes, ma'am.
Ms. Cooper: Good morning, Mr. Mayor and Commissioners, my name is Leona Helen Cooper,
and I reside at 200 Washington Drive, in Coral Gables. And I am the convener of an ad -hoc
committee that was called on because of a very problematic situation we have that exists in the
cities of Coral Gables and Coconut Grove. As you remember in the fall, exactly November of
1992, there was a young woman by the name of Chega Sarasibu (phoenetic) who was practically
decapitated on a school bus that was picking up and delivering children to Carver Middle
67 June 9, 1994
School. It is a very serious problem we have with the traffic in that area. And it impacts the
safety of not only Carver Middle and Elementary Schools, but also St. Alban's Day Nursery as
you see represented here in the gold and purple shirts. The reason it impacts on St. Alban and
we will start with those streets in working over, is because the school buses are improperly using
a private access road that leads into Brooker Street. As you know, Brooker Street from Thomas
Avenue to Charles Terrace is a private road. That property owner here is here today to speak to
that, and also we have representing today Carver Middle School's Principal and Assistant
Principal, if they can stand up? And we also have from Little Carver, Mrs. Mooney who is the
Principal. And she is over here.
Mayor Clark: Ms. Cooper, let me ask this question?
Ms. Cooper: Yes.
Mayor Clark: Who is against what you want?
Ms. Cooper: Well, we are hoping that you are not against it, but what we have to ask of you is
since in 1979 your City decided to close Jefferson Street between Washington Avenue and
Charles Terrace, and there is no access road. And for me to explain to you why we need that
open is, is because we need to have some access for those busses that deliver the children to
Carver Middle School to get through without having to impact.
Mayor Clark: All right. Just a moment. Mr. Wally Lee.
Mr. Wally Lee: Yes, sir.
Mayor Clark: As the public works director, what would be the problem if we open the street up?
Mr. Lee: It will relieve the bus situation there in the mornings when the kids come to school...
Mayor Clark: What will it complicate? Anything?
Mr. Lee: We have not done a study, Mayor.
Mr. Cesar Odio (City Manager): And...
Vice Mayor Dawkins: What street?
Mr. Lee: And where there has not been a public hearing either.
Vice Mayor Dawkins: What street is that north of Charles Street - the one-way street that dead
ends into the playground for the school - what is that?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
Vice Mayor Dawkins: Yeah, that. What is that?
Commissioner Plummer: That's along side of the Fire Training College.
Vice Mayor Dawkins: What... it's a private road, what is the name of it?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD)
68 June 9, 1994
Mr. Lee: The private...
Vice Mayor Dawkins: Ma'am.
Ms. Cooper: No. Let the property owner for that private street speak. This is Mr. Weisheart.
Mayor Clark: What is the name of the street?
Vice Mayor Dawkins: What is the name of the street? That's all.
Unidentified Speaker: It doesn't have any name.
Vice Mayor Dawkins: OK. Good. All right, so now if you cut that off, then the school buses
will have to go around down Douglas to Charles and then go down Charles and make a turn in
the basin and come out, is that correct? Is that we are asking for, Ms. Cooper?
Ms. Cooper: No, what we are not asking for.
Mr. Lee: No.
Vice Mayor Dawkins: Yes, ma'am.
Ms. Cooper: Because the street that you are talking about them turning down is a private road
also. You see, not only is that street, Brooker Street, between Washington Avenue and... no.
Thomas Avenue and Charles Terrace is a private road, but those streets there is a perimeter road
i on the back of the Fire College...
Vice Mayor Dawkins: Yes, ma'am.
Ms. Cooper: That is also a private road.
Vice Mayor Dawkins: That is the one I'm talking about.
Ms. Cooper: Yeah. That's a private road.
Vice Mayor Dawkins: All right, that's...
Ms. Cooper: And so is Brooker Street.
Vice Mayor Dawkins: Fine.
Ms. Cooper: There is no agreement between the School Board and the property owner for them
to use those streets for their buses. Now, the big problem is, is because this is why you have St.
Alban's Day Nursery represented today.
i
Commissioner Plummer: How can they be private streets?
Vice Mayor Dawkins: That's right.
Ms. Cooper: You have children this size taking children to school. And the school buses are
coming down a street that is not authorized for them to use. And so we have the problem of
these children being hurt, no emergency vehicle could get through in the mornings if there is an
emergency to a car, and then on the other side, we also have representation from the Dade
69 June 9, 1994
County Water and Sewer Department because since this school is in two cities, the City of Coral
Gables and the City of Miami, we have a double problem. And the city... the Dade County
Water and Sewer Department is going to be expanding their area, their building, and so
therefore, they are going to close off their alley way and so we will have less access to get into
the school to deliver children...
Vice Mayor Dawkins: Uh-huh.
Ms. Cooper: ...and we have the same problem on the Coral Gables side, which is not your
responsibility.
Vice Mayor Dawkins: But what you are saying then is restrict the bus access to Booker Street,
and the access road because on Brooker Street also in front of St. Alban's...
Ms. Cooper: Exactly.
Vice Mayor Dawkins: ...you have parents putting out their kids...
Ms. Cooper: Right.
I
Vice Mayor Dawkins: ...out of their cars to go in there.
Ms. Cooper: Exactly.
i
Vice Mayor Dawkins: And you got the buses coming down there also, and then you have the
people parked here letting their kids out, and the people parked to this side of the street, and
there's not enough room for the bus to come through. So you want us, you want the School
Board, and the City of Miami, and Coral Gables to restrict the bus access to those two roads.
Ms. Cooper: But what I'd more than likely want you to approve for us, and I am sure that you
have to have a discussion with your... who has been very actively involved with our ad hoc
committee, and Mr. Lee has been very helpful. He provided us with information as to why that
street was closed, Jefferson Street, the street in question to be reopened. The reason that street
was closed, there was a public hearing, and it came before this Commission, and in 1979, you
closed that street when we first came about with the fire college, and for the expansion of the
park, which is now the Esther Mae Armbrister Park. What we'd like to see happen today is the
reopening of Jefferson Street for the access of school buses, so that we don't have that terrible
impact of buses trying to make a turn in an area that is not acceptable. The safety officer from
the City - from the School Board is not with us today. She had a problem. But some of the
people from the middle school and the little school might want to speak to this, and also the
property owner.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Excuse me, Ms. Cooper.
Ms. Cooper: Yes.
Mayor Clark: School is out now, right?
Ms. Cooper: No. School is still in. I had to direct traffic on Grand Avenue this morning before
I got here.
Mayor Clark: When does it close?
70 June 9, 1994
Commissioner Gort: Two more weeks.
Ms. Cooper: Two more weeks.
Commissioner Gort: I have a question, Mr. Mayor.
Ms. Cooper: Oh, I'm sorry, I'm not with the school. It's the 14th? The 14th.
Mayor Clark: Tuesday.
Ms. Cooper: Tuesday.
Mayor Clark: Now, we can't settle this here today, I know that.
Ms. Cooper: Oh, we know that. But we want your blessings, though, you see, because it's for
the safety of the community.
Mayor Clark: What I'd like to do is have Mr. Lee take this over, and you all consort with Mr.
Lee. Then we'll have a public hearing to close the street at that time.
Ms. Cooper: Open. OK. Open the street.
Mayor Clark: Open the street.
Ms. Cooper: Open the street.
Mayor Clark: Or close it, one of the two, whatever you want to do.
Commissioner Gort: Mr. Mayor, my understanding is you only want it open for the buses.
Ms. Cooper: Exactly.
Commissioner Gort: No other traffic.
Ms. Cooper: Because we don't want to impact other people, now, because we're now going to
open a street, because you'll have another group down here.
Commissioner Gort: OK.
Mayor Clark: Ms. Cooper, can you get back with Mr. Lee in the next - before the 30th of June?
Ms. Cooper: Sure.
Commissioner Gort: You got our blessings.
Ms. Cooper: We've got your blessing.
Commissioner Gort: Yes, ma'am.
Mayor Clark: We'll get back and work this up in a public hearing and take care of it at that time.
All right, Wally?
Ms. Cooper: OK. Thanks a lot. Thank you.
71 June 9, 1994
Mayor Clark: Thank you so much, Leona.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
14. DISCUSSION CONCERNING DEVELOPMENT OF A NEW CITY
ADMINISTRATION BUILDING IN THE GOVERNMENT CENTER
AREA -- DISCUSSION RESCHEDULED FOR FIRST COMMISSION
MEETING IN JULY -- CITY ADMINISTRATION TO COME BACK
WITH RECOMMENDATION.
Mayor Clark: All right. Now we're back to number b - number 7.
Commissioner Plummer: Seven.
Mayor Clark: Development of a new Administration building. Mr. Bailey?
Mr. Herb Bailey: Yes. We have been requested to come before you again to discuss the
possibility of building our own City Hall, our own City Administration Building that would be
sufficient to accommodate the majority of the City staff, which would include the City
Commission, and the City Manager's Office, the Downtown Development Authority, the City of
Miami Pension Office, and the Miami Sports and Exhibition Authority. We are currently paying
one and a half million a year in rent. We project that we will need one hundred and seventy-five
thousand square feet, and a new facility that would accommodate or centralize the majority of
the City's operation.
Mayor Clark: What do you estimate the cost at?
Mr. Bailey: Under today's prices, it's somewhere between... Well, we estimate it to cost
somewhere around a hundred and fifty dollars a square foot, or less, maybe between a hundred
and twenty-five, a hundred and fifty. That calculates between twenty-five and thirty million
dollars. However, there have been overtures made to us that the building could be done on a
turnkey basis, at a price of which we have yet to see, that might be an economical factor, in
terms of our consideration. We contend that if we can do this, a new building, with this amount
of square footage, at two million dollars annual ammortization, we think it will be worthwhile.
Commissioner Plummer: Well, what are you saying? Build a new place, or buy an existing?
Mr. Bailey: No. Build a new facility. We have always recommended that we build a facility
that would be built to suit the needs of the City Commission, from scratch, not to retrofit.
Commissioner Plummer: Well, I'll speak for one. I'm very happy where I am. It doesn't cost
the taxpayers any additional money, and as far as I'm concerned, I'd like to stay here. What you
do with the other offices... Let me tell you something. At the present time, you've got a glut of
office space in the downtown area, i.e., I just negotiated for Downtown Development offices
from an annual rental fee, where they were in the very luxurious penthouses of two hundred and
seventy-two thousand dollars, plus twenty-six thousand dollars for parking, they are now on
Biscayne Boulevard at three -thirty, for a total of seventy-two thousand dollars a year.
72 June 9, 1994
Mayor Clark: At a savings of what?
Commissioner Plummer: And that's where I left you. Now, let me tell you, when you start
talking twenty-four - excuse me - twenty-five to thirty million dollars, as I'm sure it was before,
it doesn't include any parking. The additional parking structure would be another three to five
million dollars. And I just tell you, as far as I'm concerned, for the City Commission and the
Management, I think we're comfortable in this building. As far as any other building is
concerned, I just don't think it's necessary. Dollars are tight, dollars are getting tighter, and I
personally am very happy where we are, and go negotiate with some empty buildings in
downtown. Mr. Manager, you're very aware of one building in which they offered to the City at
eight dollars a square foot, seven floors.
Mr. Cesar Odio (City Manager): Yeah, but they only have fifty thousand square feet.
Commissioner Plummer: Mr. Manager, if you can get it at eight dollars a square foot, get that
fifty thousand and go look for another fifty thousand. You can't duplicate and own it for eight
dollars a square foot. So all I'm saying - excuse me - you know that the same offer from that
same gentleman was, "Take the fifty thousand square feet free of charge, just do away with my
taxes." That was his obligation. OK? So I'm saying to you, I don't want to spend any more of
the taxpayers' money. That's one person speaking.
Mayor Clark: That's right, that's the opinion of Mr. Plummer, J.L. Plummer. I don't know how
far you've gone with this. There's no guarantee we're going to do anything. But at least you've
given us some preliminary thoughts of what you're doing. Now, insofar as proceeding further,
not unless you get information from this Commission, by a majority vote, I think you leave it
right where it's at. We want an estimate of what we would expect if we went in that direction.
Mr. Gort.
Commissioner Gort: Well, Mr. Mayor, that's one of the questions I was going to ask, if we can
get... To come back to us with some numbers, and if we can build a new building for the same
amount that we pay in the rent right now, I wouldn't have any problem with it, because as I
recall, back in the '80s, we created the Government Center, and correct me if I'm wrong, but it
was my understanding the City of Miami is the one that created the Government Center for
everybody to be there. We got the State, we got the County, except the City. And if it's feasible
and it's for the same price, I don't have any problem in looking at it. I would like to look at it. I
would make the decision, according to the numbers.
Mayor Clark: How about you? You feel the same way?
Commissioner De Yurre: Mr. Mayor, I discussed with Cesar the other day the possibility of
borrowing Section 108 money from the Federal Government to build this facility, and if we can
do that, as he is confirming, yes, that we can, then we can repay it based on our needs. Now, can
we afford to pay one and a half million, as we repay it? And over the next seventeen years,
we've paid back the building, based on the same amount of money that we've been dishing out
at this point in time, and we have ourselves our own building. And I think that might be the best
way to go at this point in time.
Mr. Odio: I didn't have time, Commissioner, yesterday, but the answer to your question on
Section 108, yes, you can use that money.
Commissioner De Yurre: So the funding is available, and we can pay it back as we deem
appropriate, and...
Mr. Odio: You can work out an arrangement with the...
73 June 9, 1994
Commissioner De Yurre: And that alleviates that problem. It takes care of a need that comes
seventeen years down the road, we don't have to pay that million and a half dollars anymore. So
it's our building, paid for free and clear.
Mr. Odio: I'd like to ask a question, if I may. There's also other settings. You could have the
setting of where we could actually dispose of the present Administration building, and just build
one tower with all City services in one tower.
Commissioner Plummer: Oh, oh.
Mr. Odio: We have... There are requests for that building to be purchased from us. There is a
need for it. That building is inadequate. We'll be coming to you soon. We need the space
downstairs and we have to spend some money there, so.
Commissioner De Yurre: Well, two major concerns were, you know, what would it cost, where
would the money come from, and how would it be paid. And through this Section 108, those
answers are whatever we want to do. So whatever money we need, it's there.
Mr. Odio: Yes, yes they are.
Commissioner De Yurre: However we want to pay it back, we determine that. So those two are
the major roadblocks that would impede this thing from happening. It's there, and the size of the
building, it really doesn't matter. If we want to sell and use that money for the construction of
this building or whatever, we can do that also. So this is... I think this is a great solution to
dealing with this matter, and I would certainly support any kind of motion here to indicate to the
City Administration to go ahead and bring something back, based on those parameters.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, I don't have any problem with the motion, but I would also
like to get back, what are the terms that we have on existing facilities that we have on rental
agreement, how many years we got left, and so on.
Mr. Odio: I believe we have two...
Commissioner Gort: I would also like to see...
Mr. Bailey: About two.
Mr. Odio: Three.
Mr. Bailey: But the...
Commissioner Gort: I'd like to look at all the alternatives, because if we do have a problem, and
we got that many vacant buildings in downtown, we should look at it, too. I'd like to see all the
different alternatives that we can have.
Mr. Odio: We will provide that. We have three years left, and... Three, no?
Unidentified Speaker: Two.
Mr. Odio: Two? Two, I'm sorry... two years left. Two years, I'm sorry, it's two years. It
would take two to three years to build a new tower, so.
74 June 9, 1994
W
Mayor Clark: Sure.
Commissioner Plummer: Mr. Mayor, just for the record, on three different occasions, this
Commission has gone to the public in a referendum asking if a new City Hall was possible, and
three times, overwhelmingly, they've turned it down. More importantly, you don't have to
reinvent the wheel. Prior to your coming on this Commission, about three years ago, I believe it
was, we went through an RFP (Request for Proposals) process. We went out and asked people to
come forth to give us ideas. I was strong, trying to buy the DuPont Building. We could have
bought it for eight million dollars total, two hundred and fifty thousand square feet, and four
hundred and fifty, parking spaces, but the Commission at that time turned it down. So all your
numbers are available. They just need updating, at best, because of the fact that they went
through all of this. Commissioner Dawkins well remembers, and I'm sure Victor does, that this
was an old scenario, an old hat. But, you know, I just... Money is tight. We've got a lot of
vacant property downtown, and I just think we either ought to either rent, or even consider
maybe buying an existing building to keep it from going into foreclosure.
Vice Mayor Dawkins: Well, Mr. Plummer, you hit the nail on the head. Remember when we
had the opportunity to purchase the CenTrust Building?
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: Fifty million dollars, and you couldn't get this Commission...
Commissioner Gort: For how much?
Vice Mayor Dawkins: Fifty million dollars.
Mr. Odio: We could have bought it for forty... Yes, you're right, forty-six million dollars.
Vice Mayor Dawkins: Tell them, Mr. Manager. The RTC Building...
Mr. Odio: We could have bought it for forty-six million dollars.
Vice Mayor Dawkins: ... for forty-six million dollars, and this Commission wouldn't do it, Mr.
Gort.
Commissioner Plummer: That was almost a true statement. You couldn't have bought it. The
people who bought it, bought it for forty-eight million, with a proviso, a kicker. And that kicker
is that when the day comes that they sell it, RTC gets a huge percentage of any profit that is
made.
Vice Mayor Dawkins: But the City was never going to sell it.
Commissioner Plummer: So the City wouldn't be selling it, the City wouldn't, so you wouldn't
have bought it for forty-eight.
Vice Mayor Dawkins: Yes, you would have. Yes, you... OK. All right. Well, we didn't try.
All right, now.
Mayor Clark: Let's move forward. You know how to move, Mr. Manager.
Mr. Odio: Yes, sir, I'll bring'it back.
75 June -9, 19:94
aw
Vice Mayor Dawkins: The reason we didn't try, Mr. Mayor, is because Plummer and the Mayor
said, "This is the best building," they don't want to leave here, "I'm going to stay here till I die,"
and that's why we didn't buy the building.
Mayor Clark: So they're dying off on it, huh?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: I was here, I was on the Commission when we built this, we bought this building.
Unidentified Speaker: Were you?
Commissioner Plummer: Yeah.
Mayor Clark: Sure. Hell, yes.
Commissioner Plummer: Sure, sure.
Mr. David Gell: Mr. Mayor.
Commissioner Plummer: When I first was... They used to meet in the old police station.
Mayor Clark: That was our headquarters. Yes, sir.
Commissioner Plummer: Yeah, over on 11th.
Mr. Gell: Will you entertain discussion from the public?
Mayor Clark: On this item?
Mr. Gell: Yes, no, what?
Mayor Clark: We're not doing anything on the item right now.
Mr. Gell: OK.
Mayor Clark: We're just asking for some... There will be a time to discuss it.
Mr. Gell: Thank you.
Mayor Clark: Be happy to. All right. You know what to do, Mr. Bailey and Mr. Manager.
Mr. Bailey: Just bring it back with some proposals and parameters on how much it costs and...
Mayor Clark: Yeah. With some foundation, with some foundation.
Commissioner Plummer: Yes, bring it back in October of 1999.
Mr. Bailey: Fine.
Mayor Clark: Don't listen to that. Don't listen to him.
Mr. Odio: We'll bring it back in the first meeting of July. I'll bring... We'll bring it back in the
first meeting of July.
76 June 9, 1994
W
Commissioner Plummer: October of'99, isn't that what it is, Miller?
Mr. Bailey: No, no, first meeting of July.
Mayor Clark: Get it quick. Get it quick. We'll see what happens.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
15. DIRECT ADMINISTRATION TO ADVERTISE PUBLIC HEARING TO
CONSIDER REQUEST FOR PAYMENT OF ATTORNEY FEES BY
COUNSEL FOR FORMER POLICE OFFICER, WILLIAM LOZANO --
DIRECT CITY ATTORNEY TO PREPARE TWO RESOLUTIONS IN
ANTICIPATION OF DECISION BY THE CITY COMMISSION, ONE
RESOLUTION GRANTING COUNSEL'S REQUEST FOR PAYMENT OF
FEES AND A SECOND RESOLUTION DENYING SAID REQUEST --
DIRECT VICE MAYOR DAWKINS TO MEET WITH LUCIA DOUGHERTY,
ESQ., FORMER FOP PRESIDENT, AL COTERA, AND THE CITY
ATTORNEY AND TO COME BACK WITH A RECOMMENDATION FOR
FURTHER CONSIDERATION AND ULTIMATE DECISION BY THE CITY
COMMISSION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number S.
Commissioner Plummer: Item number 8, Mr. Mayor, is... As you know, I asked that this matter
be brought before this Commission, and in some way, shape, or form, be resolved, predicated on
the fact that the applicant, Mr. Roy Black, had indicated that if this Commission did not make
some maneuver, that he was going to go to court to try and get compensated for his fees resulting
from the defendant in this particular case, a Miami policeman. The matter was deferred
originally for the purpose of the City Attorney indicating at that time that there was a case on
point, I think you told me, Mr. City Attorney, in West Palm. It is immaterial where it was. It
was exactly on point as to whether or not the City had an obligation in this matter, or just maybe
a moral obliga... I'll stop if you wish, Mr. Dawkins.
Vice Mayor Dawkins: Mm-mmm. I'm going to wait till you finish.
Commissioner Plummer: Oh. OK. And so, you know, it was a matter of this Commission
trying to negotiate what had been proffered, as I understand it, a fee of seven hundred and ten
thousand dollars, which Mr. Black is asking for, or going to court, at which time, Mr. Black
would ask for a fee that he had said was justified, right or wrong, at approximately a million and
a half dollars. And so I ask that this matter be brought before this Commission. And in putting,
very truthfully, the City Attorney on the spot, no question, the spot is, Mr. City Attorney, to look
into Mr. Black's presentation as to whether or not his fees are in any way, shape, or form
justified, or they are not, and to come back, if you could, and recommend to this Commission a
number that you feel would be a fair settlement in this case. You know, politically, politically,
the thing to do is not to settle. Let it go to court, and then the court's the bad guy, because, you
know, we understand that this thing is very, very sensitive. But I think that if there is a chance
that we can negotiate this out, that we're better off, and so that's why I said let's try to bring it to
a head, and let's try to get it behind us, because the longer it continues, the more festering it
could or could not create. So... Mr. Dawkins.
77 June 9, 1994
Vice Mayor Dawkins: Mr. Mayor, J.L. is bending the truth.
Commissioner Plummer: Well, straighten me out.
Vice Mayor Dawkins: The truth is, the law says - the Charter says, or the law, I don't know
which one it is - that this Commission has the right to pay or it has the right to deny to pay.
Now, to put the City Attorney on the spot of whether he should tell this Commission which
interpretation of the law they ought to have is unfair. That's number one.
Commissioner Plummer: I didn't ask for that.
Vice Mayor Dawkins: Number two, Mr. Black - and nobody up here has said it more than J.L.
Plummer - let's go to court. If you check the records, you will see. Every time there has been a
settlement, J.L. Plummer says, "Let's go to court." Now, J.L. Plummer is saying, "Let's don't go
to court."
Commissioner Plummer: I didn't say that, either.
Vice Mayor Dawkins: I mean, you got to be consistent.
j Commissioner Plummer: Mr. Dawkins, number one, I didn't say...
Mayor Clark: This is a little private feud between the two. That's all right.
Commissioner Plummer: No, not really, Mr. Mayor, but since my name was involved with my
blue brother, let me...
Mayor Clark: I'll settle it finally.
Commissioner Plummer: Let me just very simply say, yes, in those cases where J.L. thinks that
there has been a wrong and go to court, I'll continue to say that. In this particular case, if there is
the potential that it will cost us a million and a half dollars, where we have the opportunity to
settle for less than half, that is the determination that I have asked the City Attorney to make, and
that is where I have put the City Attorney on the spot, to make, number one, that determination,
if his claim of the million and a half is valid, and if his seven hundred and ten thousand dollars is
justified. Now, that doesn't mean I'm going to be making any motion to pay the seven -ten.
OK? Those are the questions that I ask to the City Attorney, and those are the questions that I
now, again, ask of the City Attorney. Mr. Mayor, if you want to present, let Mr. Black make his
presentation, so be it. But that's up to you, sir.
Commissioner De Yurre: If I may, Mr. Mayor, before we do anything else.
Mayor Clark: Yes, sir.
Commissioner De Yurre: First of all, I need the City Attorney to answer one question. Are we
obligated in any way, fashion or form to pay any of these fees?
A. Quinn Jones, III, Esq. (City Attorney): Commissioner De Yurre, the answer to that, at least
insofar as my interpretation of the law, is no. I've advised this Commission...
Commissioner De Yurre: OK, no. It's no.
Mr. Jones: OK.
78 . -June .9, 1994
Commissioner De Yurre: OK. Thank you. So now, the next question is, are there three votes on
this Commission to say we're willing to pay something? It could be a penny, it could be a
dollar, it could be seven hundred and ten thousand dollars. And that's the next motion that needs
to be made here. If there are not three votes here to pay a penny, then there's nothing else to
discuss, and that's the end of that. J.L., you want to make a motion to give him some
consideration, make the motion; if not, that's the end of the issue.
Commissioner Plummer: I'll make a motion to this extent: That this Commission endeavors to
try and settle, not going to court, and that means that there would be some consideration, if, in
fact, it were to pass with three votes.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, I've got a lot of questions. One of them is, every meeting that
I've been here, we had cases that they were settled because they don't want to take it to court,
because if they go to court, we're going to pay twice as much and so on. And I voted in, I think,
about six or seven items here. My question to the Attorney is, am I understanding that you're
saying that we don't have to pay him? And could we go to court and...
Mayor Clark: No. He said we're not obligated to pay him.
Commissioner Gort: We're not obligated to pay it. Can we go to court and win?
Mr. Jones: Well, that's a key question, because, of course, the... Let me see if I can just put this
into perspective.
j Commissioner Gort: And if we do go to court, what could be, like all the memorandum that I
got in the past, what is going to be our cost, or assumption cost, if we do go to court?
Mr. Jones: Well, let me just say this. This has been a continual argument over the years, as to
whether the interpretation of this Florida Statute 117 that relates to reimbursement of attorneys'
fees for police officers, whether, in fact, a municipality is obligated to pay. The liberal reading
of the statute makes it quite clear that it's discretionary on the part of the municipality. Now,
Mr. Black will tell you there is a Florida Supreme Court case that was decided back in 1990
involving the City of Fort Walton Beach where several council members sued the City, claiming
reimbursement for attorney's fees for a successful outcome of enjoining a recall petition. Now,
what the Supreme Court said in that case, if you have a statutory provision that is repugnant or
explicitly says that it changes the common law, then, of course, the statute will prevail. Here, in
this instance, we have a case that says there's a common law duty for a municipality to provide
legal representation or reimbursement of defense, legal defense for employees who were charged
with misconduct in the course and scope of their employment. We have a very specific Florida
Statute enacted by the Florida Legislature which is repugnant to the common law. It says,
municipality, if, in fact, you have an employee who has been acquitted, whatever, it is at your
discretion to pay these attorney's fees. That's exactly what the case law states.
Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor. I...
Mr. Jones: Can I just finish one thing? Now, what I mentioned to, which Commissioner
Plummer alluded to a few moments ago, we've had one decision in this particular circuit which
involved a police officer, Robert Sandilier, who shot a guy up in Broward County or whatever.
The Judge ruled in our favor on the exact point that I just mentioned to you; that you do, in fact,
have a statutory provision that is repugnant to the common law. Therefore, a literal reading of
that statute says it's not obligatory on your part to pay these attorney's fees. That's what you're
79 June 9, 1994
confronted with. Now, the precedent that's been set, however, is that you've been consistent
over the last three or four years - I mean three or four months - in paying...
Commissioner Plummer: We paid all the rest of them.
Mr. Jones: ... in paying attorney's fees. So that's where you are with it. But still, as you
indicated, it's my interpretation that it is discretionary on your part.
Commissioner Plummer: Can I ask a question? There's one question that's got to be asked.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Mr. Dawkins, then Mr. Plummer.
Vice Mayor Dawkins: I'd like to move that this be taken off the discussion item and scheduled
as an item where people from the community can be well noticed, and that the City Attorney
bring back two resolutions, one to pay, and one not to pay, because there are a lot of people in
the community who need to be heard on this who don't even know it was scheduled, and I'd like
to move that this be moved to either the next Commission meeting, or the first Commission
meeting in July, and be noticed in the Miami Times, the Miami Herald, and all the other
newspapers that it is a public hearing as to whether or not we should pay Mr. Roy Black, so that
those individuals in the community who are desirous of being heard can be heard.
Commissioner Plummer: Mr. Dawkins, I have no problem with that, except I want to make one
thing on the record clear, if it's right or wrong. Mr. City Attorney, whether you or your
predecessor - I don't know which one was involved - a statement was made to me by Mr. Black
that when this officer asked for legal counsel, he was told by the City Attorney's Office that they
could not represent him, it was a conflict of interest. Is that a true statement?
Mr. Jones: I'm not sure whether... I don't recall my having made such a statement, but as you
know, Commissioner, over the years, the City Attorney's Office has never defended employees
relative to criminal proceedings. We don't practice criminal law. But that's not the issue in the
case, I mean, that we're dealing with. Irrespective of the fact as to whether, in fact, if we were
capable, and we do have some people that are capable, but it would have, in fact, posed a conflict
of interest, even if we could have. But I think you have to look beyond that.
Commissioner Plummer: OK. So it wasn't you who made the statement.
Mr. Jones: No. I...
Commissioner Plummer: Could it have been one of your predecessors?
Mr. Jones: It could have been my predecessor.
1
Mayor Clark: Mr. Cotera.
I
Mr. Al Cotera. Yeah. My name is Al Cotera. I'm the president of the Fraternal Order of Police.
I'll make my comments very brief. Yes, the request was made, as has been our practice to
request assistance first from the City, and there usually is a conflict of interest. Basically, the
issue here is one of policy. We think that it's very important that this Commission respond to
that policy and support its police officers. He was acquitted. That's as simple as it is. That's
what the courts have said. We've been able to negotiate in the past. I have not participated in
these particular negotiations -with- Mr. Black. I am unaware of the fees involved, but we -think _
that by negotiating and coming down with a -reasonable fee, that this Commission should
.. _June .9, 1994
approve it and should pay it, as they have in the past. Look at what happened when we did not
defend, when we did not want to get an attorney for Perry Anderson. You ended up paying two
and a half million dollars, where it could have cost you a hundred thousand.
Mr. Jones: That's not true, and that's a very big distortion, Al, and you know better than that.
It's not. You're talking about two separate types of cases.
Mr. Cotera: Two separate types of cases totally.
Mr. Jones: Yes.
Mr. Cotera: But the liability is there, and it was there, and you may have run into the same issue
here. I think it would be wise for one of the Commissioners to sit down with Mr. Black, find out
what the real fee should be, and then go ahead and pay it. Thank you.
Mayor Clark: Well, we got a motion on the floor now to postpone this till the first meeting in
July; is that right?
Vice Mayor Dawkins: I'll incorporate in my motion Mr. Cotera's suggestions that somebody try
to come back with a fee, to see that... if the Commission will accept it. I have no problem with
that.
Mayor Clark: You seconded his motion, J.L.?
Commissioner Plummer: Sure. I... Mr. Mayor, all I'm saying is that regardless of how, we need
to get it behind us. I've said that for some length of, period of time now. Without this matter
being resolved, it is doing no one any good.
Mayor Clark: All right. There's a motion and a second on the floor.
Commissioner Gort: OK. Would you clarify the motion, please.
Vice Mayor Dawkins: The motion is, and was amended by Mr. Cotera, that this be rescheduled
for the next Commission meeting or at the July meeting, and that it be noted in all of the
newspapers that it's going to be discussed, so that individuals in the community can come down
and be heard.
Mayor Clark: We better not have anything else on the agenda that day, Mr. Manager. All right.
Motion...
Commissioner Gort: Discussion on the motion.
Mayor Clark: Go ahead.
Commissioner Gort: And I can respect your opinion and bring the public, and I think it's very
important. But I think if we do it for this one case, we've got to do it for all the other cases that
are going to come up in front of us where we're going to make a decision.
Vice Mayor Dawkins: I have no problem with that.
Commissioner Gort: OK.
Mayor Clark: All right. Call the roll.
81 June 9, 1994
Commissioner Plummer: Can I further suggest that Mr. Dawkins' motion definitely be followed
through, and I would like to suggest that Mr. Dawkins sit down and negotiate with Mr. Black
over his fee.
Vice Mayor Dawkins: Wait, now. Hold it.
Commissioner Plummer: Ha -ha-ha.
Vice Mayor Dawkins: I will go sit with Mr. Black, and Mr. Black and I will talk. OK? I'm not
going to attempt to tell Mr. Black, "I know that what you did is worth six dollars or worth eight
dollars." I will sit with... I have no problem with sitting with Mr. Black and seeing if we, the
two of us, can come to some kind of common ground that could be brought back to the
Commission, if that's acceptable to Mr. Black.
Commissioner Gort: Let me ask you a question. Since we have established a procedure in the
past, why don't we follow the same procedure that was passed down with the other officers?
Vice Mayor Dawkins: What was that procedure?
Commissioner Gort: I understand that the attorneys and the unions got together and then they
came out with a figure. That's the way it was done in the past.
Commissioner Plummer: That's fine.
Commissioner Gort: My understanding is that we should follow the same procedure that has
been followed in the other cases where police officers have been involved. My understanding is
that procedure was not done in this case. Am I correct?
Mr. Jones: That's correct, and I would just note that the FOP (Fraternal Order of Police) was
reluctant to get involved in this matter, I guess, given the controversial nature of it.
Vice Mayor Dawkins: Wait a minute. Did anybody ask the FOP to get involved? See, you see,
I mean... No, no, Al. No, no, no. See, did anybody ask the FOP to get involved? OK? No.
See? So now... Come on, let's be...
Mayor Clark: I don't believe you should move like you're moving in fast -setting cement, if this
has to happen like this. We don't know whether that will even be acceptable to this Commission
the day it's presented.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: Well, Mr. Mayor, are we also maybe trying to avoid a screaming
match, that if Commissioner Dawkins, in sitting with Mr. Black, whose main purpose is trying to
avoid a lawsuit or other matters, that if they reached an agreement, would preclude a public
hearing? Now, I would hope that would be the case, if Mr. Dawkins - which is exactly what I
was trying to do - that if Mr. Dawkins can reach an agreement with Mr. Black, then he reports
back to this Commission, and it's not a public hearing. It just comes back as a settlement
between whatever he recommends. It's up to the two of them.
Mayor Clark: Pray, buddy, pray.
Commissioner Plummer: You suggested it, buddy.
Vice Mayor -Dawkins: Look, look, I have no problem. with -it. oK?
82 _ _June 9, 1994
Commissioner Gort: All right.
Vice Mayor Dawkins: If Mr. Black has no problem with it. OK?
Commissioner Plummer: What have you got to lose?
Vice Mayor Dawkins: But I think, though, I think that in the meeting should be Lucia
Dougherty, Al Cotera, and me. I don't think it should be me and Mr. Black. I don't think so.
Commissioner Plummer: Whoever.
Commissioner Gort: You also need your Attorney's Office.
Vice Mayor Dawkins: Chain saw?
Commissioner Gort: Your Attorney.
Commissioner Plummer: Chain saw?
Mayor Clark: Chain saw, God almighty. They're going to work on you, Roy.
Commissioner Plummer: Hey, Mr. Dawkins, it was surely... Mr. Dawkins, speaking for one,
it's acceptable to me to try to settle.
Vice Mayor Dawkins: You know what? I love J.L. Plummer. You know, he's my blood
brother, my blue brother. Ain't no way in hell I can sit with Mr. Black and go back to the black
community and tell them I offered to pay Black nothing. You can't do that to me, J.L. Come
on, don't be ridiculous.
Commissioner Plummer: You suggested it.
Mayor Clark: But I be damned if I suggested that I be the one to sit down with him, and go back
to the black community, and tell them that's what we did.
Commissioner Plummer: "A" commissioner.
Mayor Clark: But you'll sit with the other people. You'll sit with the other people.
Vice Mayor Dawkins: Come on!
Mayor Clark: All right. Wait a minute. You'll sit with the other people, right?
Vice Mayor Dawkins: Yes.
Mayor Clark: And Mr. Black. OK. Let's don't try to elongate this any further.
Commissioner Plummer: I agree.
Mayor Clark: Call the roll, Madam Clerk, with that proviso, that Mr. Dawkins, Commissioner
Dawkins, the Vice Mayor, is going to sit down with Ms. Dougherty, Al Cotera, and who else?
Vice Mayor Dawkins: The City Attorney.
83 June 9, 1994
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Ms. Matty Hirai (City Clerk): Mr. Roy Black.
Mayor Clark: City Attorney.
Vice Mayor Dawkins: Not nobody else, the City Attorney.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. All right, because then there will be two of us going to the black
community, just not me.
Mayor Clark: Call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-393
A MOTION DIRECTING THE CITY ADMINISTRATION TO ADVERTISE A
PUBLIC HEARING TO CONSIDER REQUEST FOR PAYMENT OF ATTORNEY'S
FEES BY COUNSEL FOR FORMER POLICE OFFICE WILLIAM LOZANO, SAID
PUBLIC HEARING TO BE HELD AT THE CITY COMMISSION MEETING OF
JULY 14, 1994, AT APPROXIMATELY 10:00 A.M., IN THE CITY COMMISSION
CHAMBERS AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA;
FURTHER DIRECTING THE ADMINISTRATION TO PLACE SAID AD IN
AUTHORIZED LOCAL NEWSPAPERS IN ORDER TO INVITE INPUT FROM THE
PUBLIC; FURTHER DIRECTING THE CITY ATTORNEY TO PREPARE TWO
RESOLUTIONS IN ANTICIPATION OF DECISION BY THE CITY COMMISSION,
ONE RESOLUTION APPROVING REQUEST FOR PAYMENT OF COUNSEL'S
FEES AND THE SECOND RESOLUTION NOT APPROVING REQUEST FOR
PAYMENT OF COUNSEL'S FEES; FURTHER REQUESTING VICE MAYOR
DAWKINS TO MEET WITH LUCIA DOUGHERTY, ESQ., A REPRESENTATIVE
OF THE FRANTERNAL ORDER OF POLICE (NAMELY, FORMER FOP
PRESIDENT AL COTERA), AND THE CITY ATTORNEY, AND TO COME BACK
WITH A RECOMMENDATION FOR FURTHER CONSIDERATION AND
ULTIMATE DECISION BY THE CITY COMMISSION.
84 June 9, 1994
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Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: Wait, now, Mr. Black has not... That's OK, Mr. Black?
Mr. Black: Yes, Commissioner.
----------------------------------------------------------------------------------------------------------------
16. APPROVE NEW LICENSE AGREEMENT WITH THE DADE COUNTY
SCHOOL BOARD FOR ITS USE OF SIX CITY OF MIAMI PLAYGROUNDS
LOCATED ADJACENT TO ELEMENTARY SCHOOLS.
Mayor Clark: We're on item number 9.
Mr. Cesar Odio (City Manager): Mr. Mayor, on item 9, we were told to go back to the School
Board and negotiate a better agreement. We have now... can say that we have the equivalent of
eighty percent of our cost in the parks. So I would strongly recommend that we agree to this.
Commissioner Plummer: What were they offering before?
Mr. Odio: Sixty.
Commissioner Plummer: And now, you told me when I made it eighty that they would never go
for it, right?
Mr. Odio: I didn't say that. I said that...
Commissioner Plummer: OK. I'll move...
Mayor Clark: All right. Please, let's just get...
Commissioner Gort: Second.
85 June 9, 1994
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Commissioner Plummer: I'll move the eighty percent...
Mr. Odio: The equivalent of eighty percent, yes, sir.
Mayor Clark: Equivalent of eighty percent. That's 9-A?
Commissioner Plummer: Yes, sir. We're getting twenty percent more money from the School
Board by my previous deferral.
Mayor Clark: Second. No exception, cast a unanimous ballot.
Commissioner Plummer: Just for the future, after that's now passed, Mr. Mayor, Mr. Manager, I
want you to know in the next year or two, I'm going for a hundred percent.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-394
A MOTION AUTHORIZING LICENSE AGREEMENT WITH THE SCHOOL BOARD
FOR ITS USE OF SIX CITY PARK PLAYGROUNDS WITH PAYMENT TO THE
CITY (ON THE BASIS OF QUARTERLY REIMBURSEMENT), AS MORE FULLY
OUTLINED DURING DISCUSSION BY THE CITY COMMISSION ON THIS DATE.
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.
86 June 9, 1994
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17. (A) DISCUSSION CONCERNING REAPPOINTMENT / AWARD OF
PROPOSED SALARY / BENEFITS PACKAGE FOR RAFAEL O.
DIAZ, ESQ., DEPUTY CITY ATTORNEY, AND JOEL MAXWELL,
ESQ., DEPUTY CITY ATTORNEY -- DEFER DISCUSSION UNTIL
BUDGET TIME. (See label 19)
(B) (Continued) VICE MAYOR DAWKINS SEEKS CLARIFICATION
FROM THE CITY COMMISSION CONCERNING PRIOR MOTION
DIRECTING HIM, LUCIA DOUGHERTY AND AL COTERA TO
MEET CONCERNING COUNSEL'S REQUEST FOR PAYMENT OF
PROFESSIONAL FEES FOR THE DEFENCE OF FORMER POLICE
OFFICER WILLIAM LOZANO, AND TO COME BACK WITH A
RECOMMENDATION PRIOR TO THE CITY COMMISSION'S
FINAL DECISION ON THIS ISSUE.
Mayor Clark: Nine -A. Motion on 9-A.
Mr. Cesar Odio (City Manager): That's Commissioner De Yurre's item.
Commissioner Plummer: That's De Yurre.
Mayor Clark: Nine -A.
Commissioner De Yurre: Yes.
Mayor Clark: You move it?
Commissioner De Yurre: You know, at the last... At the last meeting, we had this issue where
the Deputies ended up getting a package, the City Clerk's Office Deputy got a package, and I felt
it was only appropriate that the Deputy of the City Attorney's Office get a similar kind of
package. So that's why I put...
Mayor Clark: How many Deputies does he have?
Commissioner De Yurre: There's only one that I'm aware of.
Mayor Clark: No, there's two.
A. Quinn Jones, III, Esq. (City Attorney): I recently appointed, which I sent you members, Joel
Maxwell, as Deputy City Attorney.
Commissioner Plummer: Who was the one before that?
Mr. Jones: Rafael Diaz.
Commissioner De Yurre: Well, he is still.
Mr. Jones: He is still, yeah. I have two Deputies now.
Commissioner De Yurre: OK. Well, then, let it apply to both.
87 June 9, 1994
Vice Mayor Dawkins: Second, whatever it is.
Commissioner Plummer: Well, excuse me. I... Does the Charter provide...
Vice Mayor Dawkins: No.
Commissioner Plummer: I don't think that there is anything that we, the Commission - and
that's what scares me, is getting involved with the City Attorney - we've never done this before.
And how far are we going to go before this stops? We've never... We are in charge of the three.
Now, if you're going to do it, then I guess we're going to do it for all the way down the line.
Commissioner De Yurre: Well, we do it for the City Clerk's Office, for the Deputy.
Commissioner Plummer: But that was always part and parcel of the scenario. You know, I've
got to put on the record, Mr. Mayor, I'm looking at the total cost of personnel in the Mayor's
office.
Mr. Odio: The lawyer's.
Commissioner Plummer: In the lawyer's office, I'm sorry. What did I say, personnel?
Mayor Clark: If you saw that cost, you could put that in your pocket.
Commissioner De Yurre: It's about the same. It's about the same amount.
Commissioner Plummer: The Mayor's office, Mr. Mayor. You know, truthfully, Victor, I'm
going to address this more so at budget time. All right? But when you start a lawyer, under
today's conditions, a month ago at $85,000 plus perks, I got some major problems.
Commissioner De Yurre: Which are? What are the perks?
Commissioner Plummer: I don't know. I assume their pension... I'll go into it at budget time.
But I want to tell you something. I assume each one of you have been presented with this list in
which there were raises given last month. I thought raises were only at budget time, but
obviously, we'll find out why there were major given here in the last month or so.
Mayor Clark: What department?
Commissioner Plummer: In the Law Department, major raises. And I'm going to be asking
very serious questions, Mr. Jones, at budget time, about all of these people on here that got
major, major raises in the middle of a budget year, as two questions. But let me get back to the
major problem. The major problem is, if you want this Commission to set the Deputies, then
we're going to do it from now on, I assume, but we also will tell you, Mr. Attorney, who your
Deputies will be, because we voted on the Deputy of the Clerk. So, you know, it doesn't stop
where it's convenient.
Commissioner De Yurre: When did we appoint...
Commissioner Plummer: And I would much prefer...
Commissioner De Yurre: When did we appoint the Deputy Clerk?
Commissioner Plummer: We always did, and we always have named the Deputy Clerk, and
approved it. They come under our provision. According to the Charter, as you well know, we
88 June 9, 1994
control three people and their offices. All right? We control the offices through budget. All I'm
saying is, I would much prefer the City Attorney have the right to designate his Deputies, and to
compensate at the proper time, in budget, which we approve in October, and I would prefer us to
keep our nose out of that business. But if we're going to do it, then let's don't stop where it's
convenient. Let's go and do what needs to be done, and we'll so tell Mr. City Attorney, whether
it's this City Attorney or some other, we'll tell you who your Deputies are going to be, and we're
going to tell you what they can make. I think that's wrong...
Commissioner De Yurre: But that's not the procedure...
Vice Mayor Dawkins: Mr. Mayor...
Mayor Clark: Hold it, hold it, hold it.
Commissioner De Yurre: That's not the procedure that exists over here. She appoints or she
names a Deputy, and we approve it, you know, we give it the OK.
Mayor Clark: Affirm it.
Commissioner De Yurre: It isn't like we tell her who to put there.
Commissioner Plummer: Well, but you have the right of veto. You're somewhat telling them
who they're going to put there.
Ms. Matty Hirai (City Attorney): Yes, yes.
Commissioner Plummer: Because you just veto it till you get who you want. Look, I'm not
arguing. I'm saying you're setting a precedent that is dangerous, in my book, but if that's what
you want to do, then go ahead and proceed. But let's know what the rules of the game are.
Mayor Clark: All right. Mr. Dawkins has the floor.
Vice Mayor Dawkins: Mr. Mayor - Manager, since J.L. is talking about the raises of the City
Attorney, provide me with the raises given to people on your staff in '90, '91, '92, and '93,
provide me with the 922s, where they went from whatever. So I need that before the budget
hearing, so we can see if there's a parallel of promotions in one area, and we're not challenging
it, and picking on somebody else in another area, and challenging it. OK? I just want to be able
to make a comparison.
Commissioner Plummer: Absolutely.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: And the only thing else I need to say, on that last motion, for me to work
with Mr. Black, whatever is agreed on must be brought back and voted on by this Commission.
Mayor Clark: That's right.
Commissioner Plummer: Absolutely.
Vice Mayor Dawkins: OK. That's all I needed to know.
89 June 9, 1994
Mayor Clark: Mr. Gort, you have the floor.
Commissioner Gort: Well, Mr. Mayor, as being the new man in here, and yourself being the
new person here...
Mayor Clark: No, I got reborn.
Commissioner Gort: ... I think that we'll welcome the information of all the departments, and
the salaries, and the raises, and all that, and we want to look through all of them. And I think
we've got to do that. We've got to standardize and make sure we have standards in all
departments, and there should be one standard and not double standards.
Mayor Clark: Very good.
Commissioner Gort: So I agree with that.
Mayor Clark: Thank you. Well, where are we at now, 9-13 or 9-A?
Commissioner De Yurre: OK. Well, I have a motion. So you can...
Mayor Clark: Nine -A?
Commissioner De Yurre: Yeah.
Commissioner Gort: What's the motion?
Commissioner De Yurre: That both Deputies in the City Attorney's Office be afforded the same
package that the Deputy Clerk was awarded at the last meeting.
Commissioner Gort: Which package are we talking about?
Commissioner De Yurre: There was a ten percent raise, and there was a pension package,
whatever that was, to make it comparable.
Mayor Clark: Well, what are you going to do? Is there a second to his motion?
Commissioner Gort: You're asking for a raise, salary raise.
Commissioner Plummer: Well, wait a minute now.
Commissioner Gort: And you're asking for a...
Mayor Clark: Did they get a raise recently?
Commissioner Plummer: Yeah. They just got a raise. And Mr. Diaz went on... He got his last
raise in '92, and he got a five percent raise, which puts him at ninety-eight thousand, plus perks.
Commissioner De Yurre: When was that? '92?
Mr. Jones: That's not correct.
Commissioner Plummer: Well, it's approximately a five percent increase that he got.
Mr. Jones: Well, all of the attorneys... You will recall that that was when the Commission
eliminated the car allowance and the car insurance.
90 June 9, 1994
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r
Commissioner Plummer: Well, excuse me. I was asked a question. Mr. Maxwell got a raise in
June the first of this...
Mr. Jones: Yeah, for just...
Commissioner Plummer: May I finish?
Mr. Jones: Sure.
Commissioner Plummer: I'm going to try and answer the Mayor's question. According to what
you gave me, Mr. Maxwell got a raise on the first day of June of this month of eight thousand,
six hundred and twelve dollars, approximately a nine percent increase, which puts him up to a
hundred and three thousand dollars, plus perks.
Mayor Clark: Oh, Jesus. No, I can't vote for this.
Commissioner De Yurre: A hundred and three?
Commissioner Plummer: Yes, sir. He is at...
Mr. Jones: That's not... That's incorrect, Commissioner. That's incorrect.
Commissioner Plummer: Well, then, I'm using...
Mayor Clark: Well, how is it incorrect? There's...
Mr. Jones: No. Let me explain to you.
Commissioner Plummer: All right, sir.
Mr. Jones: His previous salary was eighty-five. Upon promotion, he was given a ten percent
increase, which would have brought his present salary to ninety-four thousand, five hundred and
thirty-six dollars. As you see there, 6/1/94, it shows you the incremental increase which...
Commissioner Plummer: I do stand corrected, Mr. Mayor.
Mr. Jones: OK?
Commissioner Plummer: That the 6/8 did prevail, and his salary would be ninety-four thousand,
five hundred and thirty-six dollars, plus perks, which equate to approximately in the general
employee side of between thirty-eight to forty percent.
Mayor Clark: And a ten percent raise on that would be?
Commissioner De Yurre: Well, no, if he already got that raise, then...
Commissioner Plummer: No, that... The other one would be the one. Now, Mr. Diaz, on that
same date, was making ninety-three thousand dollars, or approximately thirteen hundred dollars -
no - eight hundred dollars difference. So there's an eight hundred dollar difference. Mr.
Maxwell wasn't a Deputy, correct?
Mr. Jones: He was... No. Mr. Maxwell was chief assistant.
91 June 9, 1994
Commissioner Plummer: Mr. Diaz was...
Mr. Jones: Was the only Deputy I had.
Commissioner Plummer: ... was the Deputy. He was making ninety-three. And I think there's
another point that has to be taken into consideration. Mr. Maxwell started in '82, and Mr. Diaz
started in '88.
Mayor Clark: Mr. Jones, do you have any openings down there for Deputy Attorneys?
Commissioner Plummer: I want to tell you, I'll apply.
Mayor Clark: Yes, I was going to say.
Commissioner De Yurre: You've got to go to law school first.
Commissioner Plummer: Why?
Mayor Clark: Man, we don't worry about law at this stage. I know more than any attorney
that's been in law practice for twenty-five years. I challenge them all.
Commissioner De Yurre: You've still got to go.
Commissioner Plummer: Why?
Commissioner De Yurre: Still got to go.
Commissioner Plummer: Why waste my time? Just go down and go to work. I can do as good
a job.
Commissioner De Yurre: Still got to go. I would say that in Maxwell's case that he gets a perk
package, and that Diaz get his ten percent and the package. That's my motion. Live or die, you
know.
Commissioner Plummer: Well, you can make it, you know. I think we ought to discuss it, as we
do all, at budget time. I...
Vice Mayor Dawkins: OK. I second it for discussion.
Commissioner Plummer: OK.
Vice Mayor Dawkins: Go ahead. I second it.
Commissioner Plummer: It's under discussion. I just think it ought to be carried over to budget
time. It's when we discuss monies, we discuss salaries, you know. I don't know why... what do
you call it?
Mayor Clark: Let's do it like that, Victor. Let's do it like that.
Commissioner Plummer: Were given right now, where raises were given in the middle of the
year. That's not the policy around here. It never has been, except for the three which we
control. And I just would be opposed to doing anything now.
Vice Mayor Dawkins: Well, for once, Commissioner De Yurre is trying to show that the City
Attorney should be in charge of his budget. So let's do it. OK? I want it clearly understood that
92 June 9, 1994
the Manager is not in charge of the Law Department. And the Manager has been saying all
along, "I don't run the Law Department," but everybody keeps pushing it on the Manager. So
put this...
Mr. Odio: Yeah, let's make it clear. I don't have anything to do with it.
Vice Mayor Dawkins: There you are. There you are.
Mayor Clark: All right. Let's hold this up until budget time, Victor.
Commissioner De Yurre: Well, I got my motion. Vote against it. We have a motion on the
floor.
IMayor Clark: Well, I'm not going to vote for it.
Commissioner Plummer: I got to vote against it. I'm sorry.
Mayor Clark: Well, what do you say, Willy?
Commissioner Gort: I can't vote for it.
Mayor Clark: It's not going to pass.
Vice Mayor Dawkins: All right. So it's three to two. Well, now, call the roll.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DE YURRE AND SECONDED BY VICE
MAYOR DAWKINS, THE HEREINABOVE MOTION ON
ITEM 9-A FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
NAYS: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: On the motion presently, no.
Commissioner Gort: You know, I'd like to stress I know the two individuals, and I'm voting
because of the principle, and not of the individuals. I think both individuals are very capable,
they do a great job for the City, but it's not the individuals. It's because of the principle. I have
to vote no.
Mayor Clark: I'll vote on it at budget time, and not today.
COMMENTS MADE AFTER ROLL CALL:
Ms. Hirai: It fails.
_ .93 .June -9, 19.94
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18. (A) BRIEF COMMENTS CONCERNING PROPOSED AMENDMENT TO
ORDINANCE 11130 CONCERNING COCONUT GROVE PARKING
ADVISORY COMMITTEE AND OFF-STREET PARKING
AUTHORITY -- NO ACTION TAKEN.
(B) BRIEF COMMENTS CONCERNING PROPOSED PURCHASE OF
PROPERTY NEXT TO THE BARNACLE PROPERTY.
Mayor Clark: OK. How about 9-13?
Mr. Cesar Odio (City Manager): This is a proposed amendment, and...
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: What's this about?
Mr. Odio: Item 9-B.
Commissioner Plummer: This is Clark Cook's item.
Mr. Odio: Yeah. Commissioner Dawkins asked for this, but I was looking for Clark Cook.
Mayor Clark: Mr. Dawkins, is this your item?
Mr. Clark Cook: I'm right here.
Commissioner Plummer: Mr. Cook, would you put on the record, and I'll wait if Mr. Dawkins
wants...
Mr. Odio: Oh, there he is. I'm sorry.
Commissioner Plummer: Would you please put on the record... I'm getting phone calls that you
are going to buy a particular piece of property. I've tried to convince the people that you're not
going to buy next to the Barnacle.
Mr. Odio: No. Excuse me.
Commissioner Plummer: And...
Mr. Odio: Excuse me, excuse me, Commissioner.
Commissioner Plummer: And let's get on the record so we can...
Mr. Odio: No, no, no. Wait. This has nothing to do with this, but I'll put it on the record. Mr.
Cook was asked by me in an official meeting with the Law Department on a settlement offer
made by Triester and Charlene on the property next to the Barnacle.
Commissioner Plummer: OK.
Mr. Odio: At that meeting, I asked Mr. Cook that before I could even hear out the offer the
people were making, to do an analysis through a consultant whether the proposal they were
94 June 9, 1994
making was feasible or not. He has informed me two days ago that it's not. Therefore, there is
nothing on the table to discuss, zero.
Commissioner Plummer: All right. So for the record, those people that are calling my office
that are very concerned, there is absolutely no intent at this point to pursue the acquisition of the
property for parking next to the Barnacle.
Mr. Odio: No.
Commissioner Plummer: Thank you. You got anything on this item?
Vice Mayor Dawkins: Which one?
Commissioner Plummer: Nine-B. You asked that it be brought.
Vice Mayor Dawkins: I don't know. Whatever it was, I've forgotten.
Mayor Clark: Good-bye.
Vice Mayor Dawkins: Bye. I don't even know what it is. Bye.
Mayor Clark: On item... Where are you going, J.L.? On item 10...
Mr. Odio: Well, let me refresh... I think in this issue of 9-B, Commissioner...
Vice Mayor Dawkins: Yes, sir, Mr. Manager.
Mr. Odio: That we were talking about the committee, the parking committee that is formed in
Coconut Grove, and the question was whether they should report to DOSP (Department of Off -
Street Parking) or the City. I believe that's the issue, isn't it?
Vice Mayor Dawkins: That's the issue?
Mr. Cook: I believe that was the issue you all were discussing at the time, and I think there was
some confusion. If my...
Vice Mayor Dawkins: Wait a minute. Hold it, hold it. It was my item. Is that what you
understood I was saying? Not "you all," now, "me."
Mr. Cook: Commissioner, I was not here at that particular time. I cannot say...
Vice Mayor Dawkins: OK. All right. So now discussion. Forget the item, Mr. Mayor. It's my
item, let it go.
END OF DISCUSSION -- NO ACTION TAKEN
95 June 9, 1994
----------------------------------------------------------------------------------------------------------------
19. (Continued discussion) BRIEF COMMENTS CONCERNING CITY
ATTORNEY, A. QUINN JONES' APPOINTMENT OF JOEL MAXWELL,
ESQ., AS DEPUTY CITY ATTORNEY. (See label 17A)
Vice Mayor Dawkins: Mr. Mayor, I got a problem here. The City Attorney, in his official
capacity as City Attorney, and we told him after the transition team, you know, to run the
department. This gentleman has decided that he wanted to make Joel Maxwell a Deputy. But
the Manager cannot do anything unless he knows what we're going to do. See? So somehow
here, somebody has to say either Mr. Maxwell can make Joel a Deputy or he cannot.
Mr. Cesar Odio (City Manager): The issue is, Commissioner, according to the Charter, the only
one that can sign for the City is the City Manager.
Vice Mayor Dawkins: OK.
Mr. Odio: And I'm not going to sign something that I have no responsibility over. I used to
sign... The responsibility was transferred to the Commission, so.
Vice Mayor Dawkins: All right. So the Commission signs this. The Commission signs this.
Mr. Odio: Or you could order me to sign it. But I'm not going to take the...
Vice Mayor Dawkins: OK. I hear you. OK.
Mr. Odio: OK.
Vice Mayor Dawkins: All right. Now, OK. Then, now how do we... Somebody tell me... I
need Commissioner De Yurre, because we're the only three here. Somebody tell me how we get
the City Attorney in charge of his budget, and the City Attorney make these decisions. How do
you do that?
Mr. Odio: You did that. You told...
Vice Mayor Dawkins: Well, why can't he sign this, if I did that?
Mr. Odio: Well, he can answer that one.
A. Quinn Jones, III, Esq. (City Attorney): The problem is, Commissioner, is that all paperwork
or whatever, in terms of processing personnel actions or whatever has a signature block there for
the Manager to sign off. What he's saying is that since he had no control. I mean, it's a "Catch
22." I mean, everything that I have to do, every department, he has to sign off on...
Vice Mayor Dawkins: As the City Manager, he's supposed to sign off on it.
Mr. Jones: ... as the City Manager, you know. But that has... I mean...
Mr. Odio: When I have control.
Mr. Jones: Well, I mean the whole thing about the budget...
96 June 9, 1994
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Vice Mayor Dawkins: Yeah, but... Hold it, hold it, hold it. You know what? "Have control"
means what, Mr. Manager?
Mr. Odio: If I sign the department head's 922, I have something to do with that decision. When
he's making the decision...
Vice Mayor Dawkins: Well, how can you have a decision on who the City Attorney wants to
make a Deputy City Attorney?
Mr. Odio: I don't want that decision.
Vice Mayor Dawkins: Well, then... Well, sign it, then.
Mr. Odio: Let him sign it.
Vice Mayor Dawkins: Well, fine, he signed it. But you... he... It cannot be... He signed it. It
cannot be processed unless you countersign it.
Mr. Odio: Yes, but in the last meeting of this Commission, you told me that you wanted to
transfer the... give him free hand.
Vice Mayor Dawkins: Yeah, but we can't do that until you give him his budget. So you've got
to sign until then.
Mr. Odio: No. I'm not even involved in his budget anymore.
Vice Mayor Dawkins: That's right.
Mr. Odio: You told him to prepare his own budget.
Commissioner Plummer: No, that's not a true statement.
Vice Mayor Dawkins: Thank you, Mr...
Mayor Clark: Please, let's just...
Commissioner Plummer: The Charter... Unless you're going to change...
Mr. Odio: Wait, no, I want to clarify this.
Commissioner Plummer: Mr. Mayor, if I may. Unless you're going to change the Charter, the
City Attorney is not charged with presenting this City with a balanced budget. The City
Manager is charged, and as such, it is only logical for a balanced budget to be presented by the
Manager, that he must have some control over all, as he does our City Commission offices. I
don't know how a man can be charged with a responsibility when he doesn't have control.
Vice Mayor Dawkins: Mr. Plummer.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: He does not have control of your budget. He does not have control of my
budget. He does not have control of the police budget. He does not have control of the fire
budget, firemen's budget. He does not have control of the Solid Waste budget. What he does
have is control to say to us, "You got 'X' dollars to work with, and you work within those 'X'
97 June 9, 1994
dollars." Now, if he tells the City Attorney, "You got 2X dollars," and the City Attorney decides
he wants to flex those 2X dollars, that's fine. But he can't tell him, "No, I want you to work with
1X dollars."
Commissioner Plummer: That's what we said before. OK?
Vice Mayor Dawkins: Well, then, no problem.
Commissioner Plummer: The City Attorney has to have an "X" number, of which he must
perform within.
Vice Mayor Dawkins: So this is within...
Commissioner Plummer: And that's all we're saying now.
Vice Mayor Dawkins: And this is within the "X" dollars.
Mr. Odio: What happened, let me... Commissioner, in the last Commission meeting, you told...
You made the City Attorney's budget independent.
Vice Mayor Dawkins: At budget hearing. At budget hearing.
Mr. Odio: You told him he reviews his own budget, and he presents...
Vice Mayor Dawkins: We can't do that... You can't do that in the middle of the year.
Mr. Odio: That's right. But...
Vice Mayor Dawkins: You've got to do it in the budget hearing, Mr. Manager. Until that
budget, you have to operate under the budget that we're operating under.
Mr. Odio: I agree, and I don't mind signing. I have been, up to the other day, signing any forms
that I receive from them, without even questioning them, and I have...
Mayor Clark: Sign these forms.
Vice Mayor Dawkins: All right. I move that...
Mr. Odio: But you have to tell me to do it.
Vice Mayor Dawkins: I move that we order the Manager to sign this.
Mr. Odio: OK. Then I'll do it.
Commissioner De Yurre: I don't think we can do that.
Commissioner Plummer: I don't think we can. You can't order the Manager.
Vice Mayor Dawkins: No, we can't do that. You can't. We can't do that.
Mayor Clark: He said he'll sign.
Mr. Odio: You can authorize me to sign on any request from the Law Department until the next
budget time, I guess.
98 June 9, 1994
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Mayor Clark: All right. A request is made to you to sign off on that.
Mr. Odio: I will sign.
Commissioner Plummer: That's it. A request, that's fine.
Mayor Clark: Ladies and gentlemen, we'll see you at 2:30.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12 NOON AND RECONVENED AT 2:40 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION
EXCEPTING COMMISSIONER DE YURRE FOUND TO BE
PRESENT.
----------------------------------------------------------------------------------------------------------------
20. RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF A
MICROFILM READER / PRINTER FROM INFORMATION MANAGEMENT
OF FLORIDA -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS FROM
LAW ENFORCEMENT TRUST FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The "enano" will be here shortly.
Mayor Clark: A resolution authorizing the waiver of sealed bids for purchase of a digital
microfilm reader/printer.
Commissioner Plummer: Where are we?
Mayor Clark: On 10.
Commissioner Plummer: Mr. Mayor, I'll move it, but I, just for the record, want to say, as I
always do, I have a problem with a sole source.
Mayor Clark: Well, sometimes that happens.
Commissioner Plummer: Well, yeah. It happens too often around here, though.
Mayor Clark: All right. Moved by Mr. Plummer.
Vice Mayor Dawkins: Second by Dawkins. But you say you have a problem with it, but you
vote for it every time.
Commissioner Plummer: Well, because I don't have the time, Mr. Dawkins, to go out and check
the specs and make sure how the specs were written.
Mayor Clark: Please. Peace, peace, peace. Motion and a second. Call the roll.
99 June 9, 1994
10
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-395
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A MICROFILM READER/PRINTER FROM
INFORMATION MANAGEMENT OF FLORIDA, THE SOLE SOURCE PROVIDER
FOR THIS EQUIPMENT AT A PROPOSED TOTAL COST OF $15,000.00 FOR THE
DEPARTMENT OF POLICE, ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 290995-840, PROJECT NO.
69001, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE
932.7055; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Victor De Yurre
------------------------------------------ --------------- -------------------- -----------------------------------
21. RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF
MAINTENANCE SERVICES FOR THE IMTEC 35MM MICROFILM
CAMERA FROM INFORMATION MANAGEMENT OF FLORIDA WITH
OPTION FOR EXTENSION OF CONTRACT SUBJECT TO
AVAILABILITY OF FUNDS -- FOR DEPARTMENT OF PLANNING,
BUILDING AND ZONING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 11, a resolution authorizing waiver of competitive bids for an Imtec
thirty-five millimeter microfilm camera.
Commissioner Plummer: Like it or not, this is part of the same. You got to move it. I will.
Commissioner Gort: Second.
100 June 9, 1994
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Mayor Clark: All right. With no objection, cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 94-396
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF MAINTENANCE SERVICES FOR THE IMTEC 35MM
MICROFILM CAMERA FROM INFORMATION MANAGEMENT OF FLORIDA
THE SOLE SOURCE PROVIDER FOR THIS SERVICE ON A CONTRACT BASIS
FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A PROPOSED ANNUAL COST OF
$8,420.00 FOR THE DEPARTMENT OF PLANNING, BUILDING AND ZONING;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 560402-722-
421001, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICE TO ISSUE A PURCHASE ORDER FOR THIS SERVICE
AND THEREAFTER TO EXTEND THIS CONTRACT ANNUALLY, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
22. RATIFY CITY MANAGER'S EMERGENCY ACTION -- WAIVE
COMPETITIVE SEALED BIDS -- FOR REPAIR OF THE AERIAL 24
RESPONSE VEHICLE FROM CASSO'S PAINT & BODY REPAIR -- FOR
FIRE -RESCUE DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 12.
Mr. Cesar Odio (City Manager): It was an accident that one of our fire trucks had. We are...
Commissioner Plummer: Move it.
Mr. Odio: ... going after the liability part. I don't know if we'll get the money back, but...
101 June 9, 1994
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Commissioner Gort: Second.
Mayor Clark: All right. With no exception, cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-397
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS OF COMPETITIVE SEALED BIDS
FOR THE REPAIR OF THE AERIAL 24 RESPONSE VEHICLE FROM CASSO'S
PAINT & BODY REPAIR FOR THE DEPARTMENT OF FIRE -RESCUE AT A
TOTAL PROPOSED AMOUNT OF $5,759.77; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF FIRE -RESCUE ACCOUNT CODE NO. 280701-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS:
ABSENT:
Mayor Clark: Item 13.
None.
Commissioner Victor De Yurre
Vice Mayor Dawkins: We went over 13, Mr. Mayor.
Commissioner Plummer: Fourteen, Arva Parks is not here, Mr. Mayor. She was here earlier.
Mayor Clark: Well, let's hold it up.
Commissioner Plummer: Next meeting.
Mayor Clark: It's withdrawn, next... June the 30th.
Second. Cast a unanimous ballot.
102 .
Motion to withdraw by Mr. Dawkins.
.June .9, 19.94
Commissioner Plummer: Right.
NOTE: At this point, agenda item 14 was withdrawn.
----------------------------------------------------------------------------------------------------------------
23. PERSONAL APPEARANCE: MR. NESTOR RODRIGUEZ -- REQUEST FEE
WAIVER FOR USE OF GUSMAN CENTER IN CONNECTION WITH THE
FIFTH AMERICAN NATIONAL CHOPIN PIANO COMPETITION (MARCH,
1995) -- REFER TO DEPARTMENT OF OFF-STREET PARKING --
SUGGEST REQUEST BE PROVIDED TO ADMINISTRATION IN WRITING
DURING CONSIDERATION FOR NEXT BUDGET CYCLE.
Mayor Clark: Item 15.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Dawkins: Hold it now. Is Mr. Rodriguez here? OK.
Commissioner Plummer: On 15... On 15, Mr. Mayor, if you're not aware, the City cannot
waive at Gusman Hall.
Mayor Clark: Well, they want... How much are they asking for?
Mr. Cesar Odio (City Manager): About twenty thousand dollars.
Mayor Clark: So what's the Administration's recommendation?
Mr. Odio: I would have to recommend against any funding, since we have a budget problem,
but...
Mayor Clark: This is for 1995?
Mr. Nestor Rodriguez: Correct.
Mayor Clark: Let's wait until after we adopt the budget.
Commissioner Plummer: Well, excuse me. This here is only asking for a waiver of the rental.
Mr. Odio: It takes twenty thousand dollars to do the performance, according to what I see here
in their request.
Commissioner Plummer: OK. Well, sir, you would have to make application to the Off -Street
Parking Authority.
Mr. Rodriguez: Is there a formal application for that, sir?
Commissioner Plummer: You'll have to check with Mr. Clark Cook. I will tell you, sir, to the
best of my knowledge, there is no... And when I say "no," as long as I've been here, there's no
103 June 9, 1994
}
granting of any waivers on Gusman. It is part of the gift that Mr. Gusman gave to the City. One
of the provisions, there would never, ever be waivers.
Mr. Odio: And if they waive, we have to pay the deficits, anyway. We pay them the deficit
every year.
Mayor Clark: Make the application to the Off -Street Parking Authority, Mr. Clark Cook. All
right, sir?
Commissioner Plummer: Right. Also, Mr. Mayor, he could, of course, as you and I well know,
he could make application to the TDC, which is Tourist Development Council.
Mayor Clark: Yes.
Mr. Rodriguez: We are seeking those funding opportunities, but I also, on behalf of the
foundation, wanted to request a grant from the City, itself, to help underwrite the cost of Gusman
and underwrite the cost of the event.
Mayor Clark: We have to wait until...
Commissioner Plummer: The cupboard is bare. You'll have to come back...
Mayor Clark: We have to wait until budget time to see what we have available, sir.
Mr. Rodriguez: So this is starting in October, you're saying?
Commissioner Plummer: Well, we start in September, sir. It's approved in October.
Mr. Rodriguez: When would be the appropriate time to...
Commissioner Plummer: Tomorrow.
Mr. Rodriguez: How about today?
Commissioner Plummer: Put in a letter of request to the Administration to be considered.
Mr. Rodriguez: OK.
Mayor Clark: Twenty thousand dollars. Send me a letter if you don't send anybody else a letter.
All right?
Mr. Rodriguez: OK. OK. Thank you.
Mayor Clark: Thank you, sir. On item...
Commissioner Plummer: When you do it, sir, put... Make sure you surrender your total budget.
Mr. Rodriguez: Correct. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
104 June 9, 1994
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-------------------------------------------------••--------------------------------------------------------------
24. GRANT REQUEST BY REPRESENTATIVES OF THE "MIAMI / BAHAMAS
GOOMBAY FESTIVAL IN COCONUT GROVE, INC." FOR DESIGNATED
PERMITS AND APPLICABLE FEE WAIVER CONCERNING ITS RECENT
EVENT ALONG GRAND AVENUE -- APPROVE $10,000 FEE WAIVER
PROVIDED THEY BACK TO 32 AVENUE NEXT YEAR.
Mayor Clark: Item 16. Mr. Rolle, Billy.
Mr. Cesar Odio (City Manager): He wants us to waive the Coconut Grove supplementary user's
fee of ten thousand dollars. We have to strongly recommend that we do not do that, since we
will set a precedent in the Grove. We have never waived this fee, and I don't think we should
start now.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, I was charged by this Commission to head up a committee
of the Standing Festival Committee, in which we coordinated these fees. The Goombay Festival
was one that we excluded from the fees. That was when they were fully content to be west - I
guess west or south, or whatever you want to call it - of 32 Avenue. Not Douglas, of 32. Now,
Billy, let me tell you. They only this year went one block beyond that. And, you know, you can
say for one block, it's one thing or another. But, Mr. Rolle, I want to tell you something. Sir,
my office received an awful lot of complaints this year, in particular, from the post office, that
people could not get in and out of the post office. Now, I don't know why you feel it's important
to have that extra block. Maybe it is, maybe it isn't. I'm willing, if you're willing, to make a
motion, and I'm only speaking for one, to waive the fee on that one block for this year, if you'll
go back to the 32nd Avenue. I mean, it makes all the difference in the world, Billy. And you
know it, I don't have to draw you no pictures. You block off Commodore. The merchants on
Commodore were upset. People couldn't get to their businesses. The postal clerks were
complaining to me they couldn't get their trucks in and out. People at 7-Eleven, some of them
were making money, some of them weren't. Mr. Mayor, what the fee is that they're speaking
about is a fee that was supposedly - not supposedly - that was charged for the restoration caused
by any damage of wear and tear on the City by virtue of having the festival there. We exempted
Goombay because they were one of the few who really had a tie to Coconut Grove and the
Bahamian heritage. I will tell you that's where I'm at, and I would answer any questions on
behalf of the committee, or these people could speak in their behalf, but I think it's very, very
important that serious consideration be... going back to 32nd Avenue.
Mayor Clark: Bill.
Mr. William Rolle: OK. William Rolle. I reside at 3430 Williams Avenue. The intent of the
fee was to discourage festivals from coming to Coconut Grove. We were home for sixteen years
at that time, Bahamians, Coconut Grove. The intent was to not have so many festivals. Now,
they are charging us for that impact fee, ten thousand dollars for one block. If that's the case, it
will be six blocks for sixty thousand. We pay the City sixty thousand dollars in services. We
only ask for that one block because of integration, one of them, because we were here, and we've
been here, and you're given us the right for that... We didn't disturb Commodore Plaza. We pay
police monies, whatever they asked for, thirty-four thousand, because they set the tone for the
festival. We want a safe festival, so we go and pay that. Now, that would take care of
105 June 9, 1994
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Commodore Plaza and all the rest. We're going to keep this festival integrated, and we will,
Commissioner Plummer, make ways for these trucks to get in. I would like to accept that, it's
good, but we'd like to come and finish up...
NOTE FOR THE RECORD: Commissioner De Yurre entered the
meeting at 2:47 p.m.
Commissioner Plummer: For your information, at Main Highway, there was a police car with
barricades that stopped people from coming Commodore Plaza, and the merchants were saying
that they were being denied the right of doing business. Now, that's not me talking, OK? That
they had it actually blocked off. So, hey, I'm not trying to create problems. I'm trying to bring
them to the table.
Mayor Clark: Let me have a motion, please.
Commissioner Plummer: Mr. Mayor, I would make a motion at this... Ted, if you argue with
my motion... I would make a motion that we waive the fee of this year of ten thousand dollars,
with a proviso that they will go back to the 32nd Avenue, and free up the rest of the merchants in
Coconut Grove. I would offer.
Mr. Williams: It's OK. We'll go back to 32nd.
Mayor Clark: Second the motion. Call the roll.
Vice Mayor Dawkins: What is...
Mayor Clark: Waive the fee if they go back to 32nd Avenue.
Commissioner Plummer: Right. And, Mr. Rolle, if you want to take one of the side streets
that's not blocking, you know, the main commercial area, I don't think there's any problem with
that.
Mayor Clark: All right. Call the roll, ma'am.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-398
A RESOLUTION RELATED TO THE 1994 MIAMIBAHAMAS GOOMBAY
FESTIVAL HELD BY MIAMIBAHAMAS GOOMBAY FESTIVAL IN COCONUT
GROVE, INC. ON JUNE 4 AND 5, 1994; WAIVING THE REQUIREMENTS
CONTAINED IN SECTION 54-173 (1) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA,, AS AMENDED, WHICH REQUIRES THAT THE PROMOTER OF THE
EVENT PAY TO THE CITY A SUPPLEMENTARY USER FEE; CONDITIONED
UPON MIAMIBAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.
MOVING THE FESTIVAL WEST OF THIRTY-SECOND AVENUE ON GRAND
AVENUE, AND ALLOWING SAID FESTIVAL TO USE SIDE STREETS WITHOUT
BLOCKING THE COMMERCIAL AREA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
106 June 9, 1994
p.
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Rolle: Thank you.
----------------------------------------------------------------------------------------------------------------
25. COMMISSIONER PLUMMER CRITICIZES COMMITTEE ON ECOLOGY
AND BEAUTIFICATION COMMITTEE FOR THEIR PLANNING A
BEAUTIFUL, LOVELY PARTY AT THE SURF CLUB AT MIAMI BEACH,
OUTSIDE CITY OF MIAMI LIMITS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Seventeen has been withdrawn. Eighteen...
Commissioner Plummer: Mr. Mayor, Mr. Mayor, can I bring up... I have a problem with the
Beautification, and I wish somebody would please express to them. You know, I fought very
hard for the Beautification Committee, and they're going to have a beautiful and a lovely, lovely
party at the Surf Club on Miami Beach.
Mayor Clark: Yeah.
Commissioner Plummer: Now, I got a problem with that, Mr. Manager, and I hope you convey
to the Beautification Committee, the Beautification Committee of Miami, that they will stay in
Miami, and spend their money in Miami. OK?
Mr. Cesar Odio (City Manager): It's not...
Commissioner Plummer: Hey, I'm saying to you, I love the people, they're a great committee,
but the Surf Club on Miami Beach is not Miami, and I would hope that you would convey that to
them, that I don't like the idea that my committee is going elsewhere. Thank you, Mr. Mayor.
Commissioner De Yurre: J.L., also that, you know, also, they can do it in Miami, either one.
OK? Either one. Either City, that will be fine.
Mayor Clark: All right. OK. Next case.
Commissioner Plummer: Will somebody call Immigration?
Commissioner De Yurre: I was born here, my friend.
END OF DISCUSSION -- NO ACTION TAKEN
107.. .June 9, 19.94
----------------------------------------------------------------------------------------------------------------
26. (A) DECLARE CITY OF MIAMI AS SYMBOLIC CAPITAL OF THE
CUBANS IN EXILE, AND LITTLE HAVANA AS THEIR
CULTURAL AND HISTORIC ENCLAVE.
(B) DECLARE CITY OF MIAMI AS SYMBOLIC CAPITAL OF THE
HAITIANS IN EXILE, AND LITTLE HAITI AS THEIR CULTURAL
AND HISTORIC ENCLAVE.
Mayor Clark: Item 18, item 18. A resolution declaring Miami as the symbolic capital of the
Cuban community in exile, and Little Havana as an historic and eventual enclave.
Commissioner Plummer: I don't understand.
Mr. Humberto Machado: Well, first of all, Mr. Mayor and Commissioners...
Mr. Cesar Odio (City Manager): Oh, well, OK, this is...
Mr. Machado: Well, a little...
Mr. Odio: Go ahead, go ahead.
Mr. Machado: I want to express my feeling at that moment. First of all, thanks for giving me
the opportunity to build this City for you, and to make this proposition to the discussion and
approval of this...
Mr. Odio: Resolution.
Mr. Machado: ... resolution, exactly. For that reason, I am giving you my thank yous. OK. I
would like, if you have the kindness, to read the resolution in English.
Mr. Odio: Let me have it.
Mr. Machado: I will give you, exactly.
Mr. Odio: Or we could put it on the record, Mr. Mayor, unless... What I can do is just, instead
of reading the whole thing, let's... OK.
Mayor Clark: Is it in Spanish now?
Mr. Odio: It says...
Mayor Clark: Is it in Spanish now, Cesar?
Mr. Odio: It is in English here, so he wanted... What he... It is resolved - and I'm abbreviating -
to declare the City of Miami the symbolic capital of the Cuban people in exile and La Pequena
Habana or Little Havana its historical and cultural enclave. And in order that this resolution be
known to the world as an expression of solidarity from all the people of our America whom the
City offers home, and in particular, and as recognition of the courage, the tenacity, the fighting
spirit and the love for their roots by the Cuban nation in exile, this testimony is given. And this
is this group...
108 June 9, 1994
Commissioner Plummer: Well, what does he hope to accomplish by doing this?
Mr. Odio: I think it's symbolic.
Commissioner Plummer: Just symbolic only?
Mr. Odio: It is symbolic, yes.
Commissioner Plummer: It gives them no rights, other than a symbolism that this community
is...
Mr. Odio: Well, I have the same rights as you have. I'm an American, but I mean...
Commissioner Plummer: No, I was just asking...
Mr. Odio: This is symbolic, symbolic.
Commissioner Plummer: This is not a money -making or a profit -making venture?
Mr. Odio: No, no, no. This is just a resolution.
Commissioner Plummer: OK. I'm just asking. Please, can I ask a question?
Mr. Odio: I'm trying to answer for him, because I'm reading.
Commissioner Plummer: OK.
Mr. Odio: It's just symbolic, it says.
Commissioner Plummer: And, excuse me, for the record, you're not in the same privileges that I
am.
Mr. Odio: No, I'm older than you, sir.
Commissioner Plummer: I'm a human being that is a Christian, that takes life nice and easy.
Mayor Clark: All right. We want to move this thing?
Commissioner Plummer: I'll move it, sir.
Mayor Clark: Is there a second?
Commissioner Plummer: Hold it.
Vice Mayor Dawkins: Hold it. Before you move it, even though the President of the United
States and the Congress and all do not feel that Haitians are prosecuted (sic), if we do this, would
it be in order to create Little Haiti as a symbolic gesture, to let them know that we sympathize
with them, also?
Mayor Clark: Sure. It would only be natural.
Vice Mayor Dawkins: OK. Then pass the motion for both of them.
Mayor Clark: Sure. Sir, I have no problem.
109 June 9, 1994
Commissioner De Yurre: Well, so be it.
Commissioner Plummer: So be it. My motion is now altered to include both.
Vice Mayor Dawkins: All right.
Commissioner De Yurre: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
Commissioner De Yurre: That's it.
Mr. Machado: OK. Thank you, sir.
I
Mayor Clark: Thank you.
The following resolutions were introduced by Commissioner Plummer, who moved their
adoption:
RESOLUTION NO. 94-399
A RESOLUTION DECLARING THE CITY OF MIAMI, FLORIDA, TO BE THE
SYMBOLIC CAPITAL OF THE CUBAN PEOPLE IN EXILE, AND LA PEQUENA
HABANA (THE LITTLE HAVANA NEIGHBORHOOD OF THE CITY OF MIAMI),
ITS HISTORICAL AND CULTURAL ENCLAVE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 94-399.1
A RESOLUTION DECLARING THE CITY OF MIAM1, FLORIDA TO BE THE
SYMBOLIC CAPITAL OF THE HAITIAN PEOPLE IN EXILE, AND THE LITTLE
HAITI NEIGHBORHOOD OF THE CITY OF MIAMI AS ITS HISTORICAL AND
CULTURAL ENCLAVE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolutions were passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
110 June 9, 1994
67
NOTE FOR THE RECORD: At this point, agenda item 19 was
withdrawn.
----------------------------------------------------------------------------------------------------------------
27. GRANT REQUEST FROM REPRESENTATIVES OF THE SHORECREST
HOMEOWNERS' ASSOCIATION, INC. FOR FEE WAIVER CONCERNING
PROPOSED INTER -TRIBAL INDIAN FESTIVAL TO BE HELD AT LEGION
PARK (DECEMBER 1-4, 1994) -- SUBJECT TO CITY BEING REIMBURSED
IF GROUP MAKES ANY PROFIT FROM SAID EVENT.
Mayor Clark: Number 20. Inter -tribal... Is someone here on this?
Ms. Ann Carlton: Yes, I'm here.
Mayor Clark: Yes, ma'am.
Commissioner Plummer: Is this for Bingo or slot machines?
Ms. Carlton: I wish it were, but it's not.
Mayor Clark: Go ahead, Ann. What's this about?
Ms. Carlton: I've been the... I'm a member of the Executive Board of the Inter -Tribal Council.
This is a council set up of Indians from all over the United States that will be brought here to
Biscayne Boulevard at Legion Park. We have commitments from all of the Indians. Two people
who were supposed to be here to talk to you about this is Jimmy Tiger and Betty Osceola. They
had to go to Oklahoma City to the Indian Pow -Wow to get the signatures of the people who will
participate here in Miami. We have commitments from almost half the tribes already. What we
are asking for initially is a few things that we need to help us to bring this to fruition and to make
it a successful program. The program that we're asking for... Actually, what we're asking for is
a three thousand dollar commitment from the Commission to purchase teepees that we would
place in Legion Park for promotional purposes, and to purchase promotional material. We're
also asking for a waiver of the park use fee, the building rental fee, and the snow mobile fee. If
we can get those, it will be a tremendous help to us. This is not... This is, so far, this is the first
one we're going to have. We know it's going to be successful, because we have a lot of
volunteers working for it. It is something that we have never had before. This will be the first
one, and hopefully, we'll have many more after this. It will...
Mayor Clark: Commissioner Gort.
Ms. Carlton: Pardon?
Mr. Odio: I would recommend the waiver of the fees, and that's all.
Mayor Clark: Mr. Gort has the floor.
Commissioner Gort: Mr. Mayor, I've.discussed_this issue with .them before. In the. northeast,
one of the things we're looking fdr is, my understanding is, we want each neighborhood to,try to
June .9, 1994
W
create within their own neighborhood their own theme. And I think the theme of Native
Americans is a great one, and this could be the commencement of it. My understanding is some
tribes are interested in establishing a permanent Indian site on one of the islands right off the...
right across from the...
Ms. Carlton: Legion Park.
Commissioner Gort: ... Legion Park. And if we could do that, that would be some of the
solution that we can have for that northeast area. If we could really create it, the tourist
attraction with the Native Indians, Native Americans being established in there as a tourist
attraction, I think finally, some of those hotels will be able to get, and the motels in the area will
be able to get some of the business. I think this program, these people have been working on it a
long time, and that could be very attractive and bring a lot of people into that area. And I'll be
all in favor of it, Mr. Manager. I think we should try to accommodate this.
Commissioner Plummer: I think we need to ask some questions.
Commissioner Gort: Yes, sir. I always leave the questions up to you, sir. I will learn from you.
Commissioner Plummer: Mr. Mayor, I'm a little concerned that I'm looking at salaries of a
hundred and thirty-two - I mean total cost of personnel, we're looking at eighty thousand dollars
for dancers. We're looking at three thousand for a master of ceremonies. I don't know who he
is. A festival coordinator of fifteen thousand, a production coordinator at ten, and technical at
four. That's a hundred and twelve thousand is personnel cost.
Mr. Carlton: What you're looking at...
Commissioner Plummer: Who is the festival coordinator?
Ms. Carlton: It's a young woman by the name of Kim - what's Kim's last name - Hinson
(phonetic). The figures that you have there...
Mayor Clark: Is that Mr. Hinson?
Ms. Carlton: Yes.
Mayor Clark: Is that your budget, you're asking for that money here?
Commissioner Plummer: No, no, here's the budget.
Ms. Carlton: No, no. That's a...
Commissioner Plummer: No. Here's the budget right here.
Ms. Carlton: That's a part of the budget that you see right there. I've gone through that budget,
because I .had not seen it before. However, in going through...
Commissioner Plummer: Well, the point that I'm trying to make, if I may...
Ms. Carlton: Yes.
Commissioner Plummer: ... is that a hundred and twelve thousand is personnel, and the total
budget is only one seventy-nine, with the City's parks and everything involved in there. It's
more than fifty percent is personnel.
112 June 9, 1994
MO
Ms. Carlton: No.
Commissioner Plummer: The waiver of the park amounts to what? According to this here, it's
two thousand, eighty-seven dollars.
Ms. Carlton: Right, and forty cents. Mm-hmm.
Commissioner Plummer: And if that is the case... And what is event personnel staff. That's six
thousand, one hundred and forty-one dollars and twelve cents.
Ms. Carlton: Right.
Commissioner Plummer: You're anticipating they're going to pay that, Mr. Manager?
Mr. Odio: Yes, sir.
Commissioner Plummer: OK. Mr. Mayor, I'll make you a motion, if you're ready.
Mayor Clark: Ready.
Commissioner Plummer: My motion is that we grant the waiver of the rental, predicated, if they
make a profit of any kind, the City gets back the two thousand, eight -seven dollars and forty
cents. If there is no profit, you pay us back nothing.
Vice Mayor Dawkins: I second the motion.
Ms. Carlton: That's agreed upon.
Vice Mayor Dawkins: I second the motion, and under discussion.
Mayor Clark: All right.
Vice Mayor Dawkins: You got a total budget of a hundred and seventy-nine thousand dollars.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: You got grant request at fifty-five thousand dollars, which leaves a
balance of a hundred and twenty-four thousand dollars. Where will that come from?
Commissioner Plummer: If you go up to the top, Mr. Dawkins, corporate contributions of ten
thousand; hotels, five thousand; private individuals, three thousand.
Vice Mayor Dawkins: Is that money or in -kind? See, I mean, if you know, now, I'll ask you.
Commissioner Plummer: No, it's here.
Vice Mayor Dawkins: If I... If this... If you can tell me that the corporate contribution is cash
money... It says hotel/motel, in -kind. That's not money. That's in -kind.
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: But if you're going to pay these people, who you say a hundred and
twelve thousand dollars, you need money.
113 June 9, 1994
Commissioner Plummer: They usually want that.
Vice Mayor Dawkins: So do you mind if I go this way?
Commissioner Plummer: No wampum.
Vice Mayor Dawkins: Thank you, sir.
Ms. Carlton: OK. Go ahead.
Mr. James Lo Schiavo: My name is James Lo Schiavo. I am the president of the Greater
Biscayne Boulevard Chamber of Commerce. The goal of this festival is to bring back the
boulevard, to have various events on there. We have contacted Don Shula, Wayne Huizenga, a
lot of... Phil Peterson, Phil Peterson Motorcycle. We've gotten... We haven't gotten anything
from Wayne Huizenga or Don Shula, but we've gotten affirmative commitments, and we did get
stuff from Phil Peterson's Motorcycle, and a lot of other people along the boulevard. When we
put the budget together, that was their proposed budget. As for the eighty thousand dollars for
the Native American entertainers - and that was what their fees are - that was something that we
are paying so that we have something, performers there for the people to come see.
Vice Mayor Dawkins: In other words, all I'm asking you is that all you are asking from the City
of Miami is fifty-five thousand dollars, amen, that's it?
Commissioner Plummer: No. No. That's from Metro.
Mr. Lo Schiavo: I would love fifty-five thousand.
Ms. Carlton: We'd love to have fifty-five thousand.
Vice Mayor Dawkins: You know, I mean, you know...
Mayor Clark: Your request from the City is, the mobile, the snow mobile and the rent for the...
Mr. Lo Schiavo: We also would like to request the staff of six thousand, one hundred and forty-
one -twelve, which I get the feeling we're not going to get, but...
Commissioner Plummer: You're right. So we will take the permits and rentals. I want you to
know that if there is any extra money left over - and we expect there to be - it is going to a
scholarship fund for Native American Indians, and that was why we're putting... one of the
reasons we're putting this on.
Mayor Clark: It's moved by Mr. Plummer.
Commissioner Plummer: Yes, sir.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Second by Mr. Gort. Call the roll.
Commissioner De Yurre: Where is this money going to come from?
114 June 9, 1994
f
Mayor Clark: They're going to raise the money.
Ms. Carlton: We're raising the money ourselves. We have commitments, we already have some
cash already that's been already given to us. We're not asking you for anything unreasonable.
All we're asking for is a...
Mayor Clark: OK, OK. You got it now.
Commissioner De Yurre: No, no. I just wanted to know, where is the fifty... Were we supposed
to give them fifty-five thousand dollars?
Mayor Clark: No, no. We're not giving them any money at all.
Commissioner Plummer: Nothing,
Mayor Clark: Free rent and the showmobile.
Commissioner De Yurre: OK.
Vice Mayor Dawkins: That's all.
Vice Mayor Dawkins: You hear that, Mr. Manager?
Ms. Carlton: What about the three thousand dollars? Can I get that? i need that.
Mayor Clark: No, ma'am.
Commissioner Plummer: You heard my motion.
Mayor Clark: The money is not there.
Commissioner Plummer: OK.
Ms. Carlton: OK. Thank you.
Commissioner Plummer: The waiver of the rental, that's it.
115 June 9, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-400
A RESOLUTION RELATED TO THE NATIVE AMERICAN CULTURAL FESTIVAL
SPONSORED BY THE GREATER BISCAYNE BOULEVARD CHAMBER OF
COMMERCE, TO BE HELD IN LEGION PARK, MIAMI, FLORIDA, ON
DECEMBER 1-4, 1994; WAIVING FEES, IN AN AMOUNT NOT TO EXCEED
$2,087, FOR THE PARK PERMIT AND USE OF THE RECREATION BUILDING
AND SHOWMOBILE, SAID WAIVER SUBJECT TO THE SPONSOR'S: (1)
PAYMENT TO THE CITY OF ALL FEES WAIVED SHOULD SAID EVENT
REALIZE A PROFIT; (2) SUBMITTAL OF A POST -EVENT AUDIT; AND (3)
COMPLIANCE WITH ALL CONDITIONS AND/OR REQUIREMENTS AS MAY BE
PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
i--------------- ---------------------------------------------------------------: ---------------------------------
i 28. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
i APPROPRIATIONS FOR SPECIAL REVENUE FUND: HIDTA HOOKEN --
ACCEPT GRANT ($50,787) FROM U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS -- EXECUTE NECESSARY
DOCUMENT(S).
Mayor Clark: On 22... 21, we've handled already.
Commissioner Plummer: We're up to twenty...
Mr. Cesar Odio (City Manager): Twenty-two is to create a...
Commissioner Plummer: Where are we?
Mr. Odio: ... an account called HIDTA. How do you say that?
Lt. Joseph Longueira: HIDTA Hookem.
116 June 9, 1994
Mr. Odio: HIDTA Hookem.
Mayor Clark: What item are we on now?
1 Mr. Odio: Twenty-two, Mr. Mayor, to accept a grant from the Department of Justice of fifty
thousand, seven hundred and eight -seven dollars.
Commissioner Plummer: They're going to give us money. I'll move it immediately.
i
j Mayor Clark: Second. Call the roll.
Commissioner Plummer: No. It's an emergency ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
Commissioner Plummer: And that's for the...
Mayor Clark: All right. Moved...
Vice Mayor Dawkins: Under discussion.
Mayor Clark: All right. Hold on.
Vice Mayor Dawkins: Under discussion. You got fifty thousand dollars. We just said this
morning that we can't fight the drug trafficking in Liberty City, drug flea market, and in Coconut
Grove. Will this fifty thousand dollars be earmarked for the high intensity drug trafficking area
known as the drug flea market, and the drug market in Coconut Grove?
Lt. Longueira: Sir, all I can tell you about...
Vice Mayor Dawkins: I'm asking the Manager.
Mayor Clark: Mr. Manager.
Mr. Odio: Well, the grant says...
Commissioner Plummer: No.
Mr. Odio: The answer is no, because it says... but that... It's to target organizations Citywide
that are involved in narcotics trafficking.
Vice Mayor Dawkins: OK. For the... Citywide.
Mr. Odio: But it's for organizations Citywide.
Vice Mayor Dawkins: Citywide.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: OK. That's all. I just needed to know.
Commissioner Plummer: Fifty thousand wouldn't begin to do one block in the Grove.
117 June 9, 1994
M
Mr. Odio: Well, but at least, you know...
Commissioner Gort: It's better than nothing.
Mayor Clark: At least it's something. Let's don't...
Commissioner Plummer: Yeah, I agree with that.
Vice Mayor Dawkins: OK. Call the roll.
AN EMERGENCY ORDINANCE, ESTABLISHING INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"HIDTA HOOKEM," ACCEPTING A GRANT IN THE AMOUNT OF $50,787 FROM
THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO ACCEPT SAID GRANT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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.
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. 11156.
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.
118 June 9, 1994
! 29. (A) (Continued) RECONSIDER PRIOR M-94-366, WHICH HAD
DEFERRED AGENDA ITEM CA-22 (REGARDING RATIFICATION
OF SPECIAL CHARGES FOR USE OF THE BOBBY MADURO
BASEBALL STADIUM PARKING I.OT BY C.C.A.L.
CORPORATION FOR FLEA MARKET).
(B) RATIFY SPECIAL CHARGES / TERMS / CONDITIONS FOR USE
OF BOBBY MADURO MIAMI BASEBALL STADIUM PARKING
I LOT BY C.C.A.L. CORPORATION FOR PRESENTATION OF FLEA
MARKETS (WEEKENDS DURING JUNE 1, 1994 - MAY 31, 1995),
i AS MODIFIED. (See label 213)
Mayor Clark: Back to item CA-22. Mr. Gort has a...
Commissioner Plummer: Whoa, whoa, whoa.
Commissioner Gort: This is the consent agenda. I pulled out this item on Bobby Maduro Flea
Market, and the reason I pulled this item is because I had some questions, requests on some of
the problems that they had with the... previously, the way it was running. My understanding is
the contract that the City has would take care of all the problems and all the...
Commissioner Plummer: I'm sorry, I have not seen the contract.
Mr. Odio: Well, I need to... It's on your packet. It's in your agenda packet. Let me point out
on the record that the problems we have had, one of them, the worst, is that they never clean up,
and week after week, we warned them, and what we're saying to them now, one week they fail
to clean up, then they're closed down.
Commissioner Plummer: Let me ask you a question.
Mr. Odio: Because we don't have enough... We don't make money out of them if we start
monitoring them every week, week after week.
Commissioner Plummer: How much are they paying?
Mr. Max Cruz: It will be approximately forty thousand dollars a year, sir.
Commissioner Plummer: How much per day?
Mr. Cruz: It will be, initially, the first three months will be three hundred dollars per day. After
three months, it will be four hundred dollars per day.
Commissioner Plummer: OK. And have they put up in the way of a performance bond?
Mr. Cruz: They were not requested a performance bond, so...
Commissioner Plummer: Oh, ho-ho!
Mr. Cruz: ...it has not been done before.
119 June 9, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-424
{ A RESOLUTION RESCINDING RESOLUTION NO. 90-273, ADOPTED APRIL 12,
1990, IN ITS ENTIRETY, WHICH CONDITIONALLY RECOGNIZED THE MIAMI
ANNIVERSARY COMMITTEE, INC. AS THE COORDINATING BODY OF
ACTIVITIES FOR THE CENTENNIAL ANNIVERSARY OF THE FOUNDING OF
THE CITY OF MIAMI IN 1996; AND DESIGNATING THE CITY OF MIAMI AS
THE OFFICIAL ORGANIZER OF ALL ACTIVITIES OF SAID CENTENNIAL
ANNIVERSARY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, I would like to ask...
Mayor Clark: Hold it, just a minute. We've got an introduction coming here. Willy.
Commissioner Plummer: All right.
Commissioner Gort: Mr. Mayor, I would like to introduce Ralph Duarte, who was very helpful
during my campaign. He helped me a lot, and I promised him that he would be able to come here
and sit in this chair that he helped me to get.
Commissioner De Yurre: Is he going to vote for you at six o'clock?
(APPLAUSE)
220 June 9, 1994
Commissioner Plummer: Put up five thousand dollar cash bond. Now, Max, they are going to
have somewhat of an exclusive for how many days out of the year, that other people will be
excluded by their exclusivity?
Mr. Cruz: Commissioner, it is not exclusive. If the City of Miami brings an event, a concert, a
baseball game, the City of Miami will have priority. We'll notify them within seventy-two hours
that they cannot open the flea market.
Mayor Clark: Let me ask this question, Mr. Manager. What about the provision of guests?
Mr. Odio: We don't have any obligations. At the moment we have a commitment to do
something else with that property, whether it's guest, or housing, or whatever we choose to do,
they know that they will not be there.
Commissioner Plummer: This is, to my understanding, there's not guarantee...
Mr. Odio: That's right.
Commissioner Plummer: ... of any dates.
Mr. Odio: Right.
Commissioner Plummer: We can cancel at any time.
Mr. Cruz: Yes, sir.
Mr. Odio: Yes, sir.
Commissioner Plummer: And you think three hundred dollars a day is fair.
Mr. Odio: Yes..
Commissioner Plummer: How many booths do they have?
Mr. Cruz: They probably will have, or they had in the past around from a hundred to a hundred
and fifteen.
Commissioner Plummer: So each booth... How much do you charge for booths, sir?
Mr. Lopez: Twenty dollars.
Commissioner Plummer: How much?
Mr. Lopez: Twenty dollars.
Commissioner Plummer: Twenty dollars, so that you're taking in two thousand... up to three
thousand dollars a day...
Mr. Lopez: Excuse me, sir.
Commissioner Plummer: Excuse me. Let me just... Tell me where I'm wrong.
Mr. Lopez: Yes.
121 June 9, 1994
Commissioner Plummer: You're taking up approximately three thousand dollars a day in just
the rental of the space of the booths; is that correct?
Mr. Lopez: For the past two years, we've been working in the sidewalk, because the debris was
inside the stadium, and we had all that. We couldn't... We only have about fifty booths now,
fifty, sixty booths.
Commissioner Plummer: OK. And so all they're offering you, then, at best, is ten percent.
Mr. Cruz: There will be four hundred after initial...
Commissioner Plummer: No, wait a minute, wait a minute. Yeah, ten percent.
Mr. Cruz: Ten percent. After the initial three months, there will be four hundred dollars per day,
which is slightly over the ten percent.
Commissioner Plummer: Well, let me tell you, as far as I'm concerned, it's cheap. I'll go for
four hundred from the start, and a five thousand dollar deposit, which only would be touched if
they didn't live up to their commitment. I'll make that in the form of a motion.
Mayor Clark: Five thousand dollar cash deposit.
Mr. Lopez: We've been with the City for thirteen years and...
Mayor Clark: Sir, please. Do you want it or don't you?
Commissioner Plummer: I made a motion, Mr. Mayor.
Commissioner Gort: Wait a minute.
}
Commissioner Plummer: You got a problem?
Commissioner Gort: What was your motion?
Commissioner Plummer: The motion is, from the start, four hundred dollars a day, and a cash
bond, only to be used if they don't clean up, as they're supposed to do...
Commissioner Gort: J.L...
Commissioner Plummer: It would be deleted from...
Commissioner Gort: I'll second for discussion.
Commissioner Plummer: OK.
Commissioner Gort: And maybe you might want to amend it.
Mayor Clark: All right. What's your discussion?
Commissioner Gort: My problem, my understanding is, I had the same problems that J.L. had,
and then when I got the confirmations of the contract, some of the requirements that we're going
to require now, that each vendor has got to be licensed by the City of Miami, so that will
eliminate a lot of vendors.
122 June 9, 1994
Commissioner Plummer: Oh, each one has to have an occupational license?
Commissioner Gort: Yes, that each...
Commissioner Plummer: Each and every time, or for a year?
Commissioner Gort: Yes.
Mr. Cruz: Most of their vendors, Commissioner, are permanent vendors that will be there a
year... They've been with them a year or two years.
Commissioner Plummer: And what kind of license are they taking? Because that's a big deal.
Mr. Cruz: OK. It has to be an occupational license.
Commissioner Plummer: What kind?
Mr. Lopez: It's a flea market...
Commissioner Plummer: Is it peddler's license?
Mr. Lopez: No.
Commissioner Plummer: That's four hundred and fifty-eight dollars.
Mr. Lopez: It's a flea market license, the same one that every... every...
Commissioner Plummer: And how much is the license?
Mr. Lopez: I think it's forty-five dollars, what they pay.
Commissioner Plummer: Okay.
Mr. Pedro Hernandez: We don't know.
Commissioner Plummer: Let me also clear...
Mr. Hernandez: We don't know.
Commissioner Plummer: Let me make you... Do you have food served there? Do you have
food booths?
Mr. Lopez: One booth, yeah.
Commissioner Plummer: OK. Make the people aware that the State of Florida came down for
Goombay, and were charging forty dollars for a restaurant license for every booth at Goombay
that sold food. It created a riot. So be aware. If, in fact, they're making an occupational license,
I'll go with the three/four.
Commissioner Gort: OK.
Commissioner Plummer: With the five thousand dollar cash deposit, in case they don't live up
to what they say they're supposed to do.
123 June 9, 1994
Commissioner Gort: Or bond.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir, Mr. De Yurre. Hold on.
Commissioner De Yurre: Is there... What about the parking situation? Who controls that?
Mr. Cruz: They control their own parking. We don't get involved on the weekend.
Commissioner De Yurre: OK. Do they charge for the parking?
Mr. Cruz: No, they do not.
Commissioner De Yurre: No charge for the parking.
Mr. Lopez: No, we don't charge for the parking.
Commissioner De Yurre: OK.
Commissioner Plummer: Victor, let me ask a question, if I may, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Why is it for all the shows that are out here, you charge for parking,
but the boat show, you didn't?
Mr. Cruz: I believe, Commissioner, that, you know, that the information that I had, that it was
included in the price of the rental.
Mayor Clark: Tony.
Commissioner De Yurre: There's no charge for entering into the flea market?
Mr. Pedro Hernandez: Not at all.
Mr. Lopez: No, no.
Mr. Hernandez: All we do is let the people get in and bring us business, that's it.
Mr. Tony Pajares: Commissioner, this boat show was a first-time boat show, and the first time
shows of any kind in Coconut Grove, we do not charge for parking.
Commissioner Plummer: OK. I just asked, that's all. Thank you.
(� Mr. Hernandez: There is something I want to discuss before you go, you move on, about the
amount of money that you ask as bond...
Commissioner Plummer: Sir, the cash bond would only be touched if you don't do what you're
supposed to do by cleanup and the other stuff that is there. Anything... You have to have the
insurance. I'm assuming they have to have liability.
Mr. Hernandez: We have everything that the City requires.
124 June 9, 1994
Commissioner Plummer: The bond would only be...
Mayor Clark: A five thousand dollar cash bond is what you must have.
Commissioner Plummer: That's it.
Mayor Clark: OK?
Mr. Hernandez: I don't understand what you're saying.
Mayor Clark: Sir?
Commissioner Plummer: If you don't clean up...
Commissioner Gort: He will explain it to you.
Commissioner Plummer: ... we'll do it for you, and then we'll deduct it from the bond...
Mayor Clark: All right.
Commissioner Plummer: ... and give you the balance.
Mayor Clark: Any further discussion? All in favor, sig... Call the roll.
The following motion and resoultion were introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 94-401
A MOTION TO RECONSIDER PRIOR MOTION 94-366, WHICH HAD DEFERRED
AGENDA ITEM CA-22 (PROPOSED MOVED: RESOLUTION TO RATIFY AND
APPROVE SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF
THE BOBBY MADURO MIAMI BASEBALL STADIUM PARKING LOT BY
C.C.A.L. CORPORATION FOR FLEA MARKETS ON AVAILABLE WEEKENDS
DURING THE PERIOD OF JUNE 1994 THROUGH MAY 1995). (Note for the
Record: Immediately thereafter, the City Commission adopted R-94-401.1, approving
agenda item CA-22, as presented.)
125 June 9, 1994
RESOLUTION NO. 94-401.1
A RESOLUTION, WITH ATTACHMENT, RATIFYING AND APPROVING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM PARKING LOT BY C.C.A.L.
CORPORATION FOR SAID ORGANIZATION'S PRESENTATION OF FLEA
MARKETS ON AVAILABLE WEEKENDS DURING THE PERIOD JUNE 1, 1994
THROUGH MAY 31, 1995; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT; IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS
PURPOSE, SUBJECT TO THE ORGANIZERS: (1) OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE, AND (2) POSTING A $5,000 PERFORMANCE
BOND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the motion resolution were passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
30. (Continued) AUTHORIZE CITY MANAGER TO ENTER INTO
PROFESSIONAL SERVICES AGREEMENT WITH ARTHUR ANDERSEN &
CO., CERTIFIED PUBLIC ACCOUNTANTS, WITH THE PARTICIPATION
OF MINORITY FIRM OF WATSON & CO. -- TO ANALYZE FINANCIAL
VIABILITY OF PROPOSALS SUBMITTED IN RESPONSE TO RFP FOR
VIRGINIA KEY BOATYARD UDP. (See label 2A)
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I pulled CA-16, and they say that they need CA-16, so I will move CA-
16 from this morning.
Commissioner Plummer: Oh, boy.
Mayor Clark: What is CA-16?
126 June 9, 1994
Vice Mayor Dawkins: Arthur Andersen and whatever that other...
Mayor Clark: OK. All right. Moved, second.
Mr. Cesar Odio (City Manager): That's the boatyard.
Commissioner Plummer: Hold on, Mr. Mayor, if I may. Mr. Manager, again, I'm very happy to
put it back on the agenda, I'm happy to let it go through, but my question is, Mr. Manager, why
always Arthur Andersen? We've got a lot of auditing companies in this community. And, you
know, Commissioner Dawkins is the one who speaks of minorities and smaller companies.
Smaller companies will never have an opportunity to get larger if they don't get business.
Mr. Odio: We have a rotating basis in place now.
Commissioner Plummer: Well, but you see...
Vice Mayor Dawkins: Yeah, but you rotate it with the larger firms, Mr. Manager.
Commissioner Plummer. The same ones over, and over, and over.
Mr. Odio: If you notice...
Commissioner Plummer: Now, I would... You know...
Commissioner Gort: How about a joint contract?
Mayor Clark: In the future, give us a new list of these firms. Let's move on with this.
Mr. Odio: I will bring back a new list of accountants, CPAs.
Commissioner Plummer: Please. And that's not speaking bad of Arthur Andersen, it's just the
idea they're a national company, and we got local people here. We got a lot of local auditors.
Mayor Clark: OK. Fine.
Vice Mayor Dawkins: And, J.L., they stuck this Ms. Watson in here, Pam Watson, as a black
minority owned, and I don't even know what percentage she has, if she's got anything
significant.
Commissioner Plummer: Yeah. OK. It's... Please, I'm just saying...
Mayor Clark: Moved and seconded on item 16, Madam Clerk. If there's no objection, cast a
unanimous ballot.
Mr. Odio: CA-16.
Commissioner Plummer: Yeah.
127 June 9, 1994
W
W
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 94-402
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTHUR
ANDERSEN & CO., CERTIFIED PUBLIC ACCOUNTANTS, WITH THE
PARTICIPATION OF THE MINORITY -OWNED ACCOUNTING FIRM OF
WATSON & CO., TO ANALYZE THE FINANCIAL VIABILITY OF PROPOSALS
SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE
VIRGINIA KEY BOATYARD UNIFIED DEVELOPMENT PROJECT ISSUED ON
FEBRUARY 4, 1994; AUTHORIZING COMPENSATION FROM FUNDS
AVAILABLE IN THE FISCAL YEAR 1994 PROFESSIONAL SERVICES ACCOUNT
OF THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION,
TO BE REIMBURSED TO THE CITY BY THE SUCCESSFUL PROPOSER UPON
EXECUTION OF A NEGOTIATED DEVELOPMENT AGREEMENT, FOR
SERVICES NOT TO EXCEED AN AMOUNT OF $25,000 FOR ANALYSIS OF ONE
PROPOSAL, $6,250 FOR EACH ADDITIONAL PROPOSAL, AND OUT-OF-
POCKET EXPENSES NOT TO EXCEED AN AMOUNT OF $3,000, FOR THE
PERIOD COMMENCING UPON EXECUTION OF THE PSA AND ENDING UPON
COMPLETION OF PROFESSIONAL SERVICES.
(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.
----------------------------------------------------------------------------------------------------------------
31. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 54 (STREETS
AND SIDEWALKS) AMEND SECTION 54-104 (NONSTANDARD STREET
WIDTHS) -- MODIFY WIDTH OF N.W. 9 STREET BETWEEN N.W. 1 AND 2
AVENUES.
Mayor Clark: Item 23. Emergency ordinance amending City Code Section... for the emergency
ordinance.
Commissioner Plummer: Move it.
128 June 9, 1994
ow
fj
Mayor Clark: Streets and Sidewalks. Moved by Mr. Plummer, seconded by Mr. Gott. Call the
roll, Madam Clerk. You have to read it? Roll call.
AN EMERGENCY 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;
ESTABLISHING AN EFFECTIVE DATE; AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gott, 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 Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None,
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gott, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11157.
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.
129 June 9, 1994
7
----------------------------------------------------------------------------------------------------------------
32. BRIEF COMMENTS ON PREVIOUSLY WITHDRAWN AGENDA ITEM 24
[PROPOSED EMERGENCY ORDINANCE TO AMEND CODE SECTION 38-
9 (PARK FEES FOR USE OF VIRGINIA KEY PARK)] -- DIRECT CITY
ATTORNEY TO BRING BACK PROPOSED LEGISLATION WITH
LANGUAGE PROVIDING FOR TWO DIFFERENT SETS OF FEES: (a) ONE
APPLICABLE TO CITY RESIDENTS; AND (b) ONE APPLICABLE TO
COUNTY RESIDENTS.
Commissioner Plummer: Mr. Mayor, if I may, please.
Mayor Clark: Yes, sir.
Commissioner Plummer: Item 24 has been withdrawn.
Mr. Cesar Odio (City Manager): I withdrew it.
Commissioner Plummer: Mr. Manager, I want to say to you, sir, when you bring this back,
ninety percent of the people who use that facility that you're speaking of here are not City
residents. I would want to see...
Mr. Odio: Ninety percent?
Commissioner Plummer: Yes, sir. They're all these... the windsurfers. I would want to see that
there be a schedule of fees, just like Venetian Pool, one fee for City residents, and one fee for
County residents. They do it at Venetian Pool. And as far as I'm concerned, I want you, sir, to
show me that the revenue is adequate to be self-sustaining. And I realize it's going to be a high
fee, but other than that, let's close it. There's regional beaches over there elsewhere.
Mr. Odio: This beach has a high demand for it. The last weekends have been full.
Commissioner Plummer: It's all the surfers, yeah.
Mr. Odio: No, no, no. Regular people are using that beach also. That's what I've been told.
Commissioner Plummer: Sir, all I'm saying to you is, is that we don't want to see a Jacksonville
where five people drowned. OK? But if we're going to have lifeguards out there, and it's going
to be non -City residents, I, as a taxpayer, do not want to pay to provide a beach for County
residents. Let them provide their own. So that's what I'm saying for one vote when you bring it
back.
Mayor Clark: That's all right. That's his opinion, so it's been withdrawn.
NOTE FOR THE RECORD: At this point, agenda item 24 was
withdrawn,
END OF DISCUSSION -- NO ACTION TAKEN
130. _June 9, 1994
------------------------- --------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: EMERGENCY SHELTER GRANT (FY'94) -- APPROPRIATE
$368,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT 1994 EMERGENCY SHELTER GRANT.
Mayor Clark: Item number...
Commissioner Plummer: ... twenty-five. I moved it before, I'll move it again. Second reading.
Mayor Clark: Is there a second? With no exception, cast a unanimous ballot. Twenty-six.
A. Quinn Jones, III, Esq. (City Attorney): Let me read the ordinance.
Mayor Clark: All right. Roll call.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"EMERGENCY SHELTER GRANT (FY'94)", AND APPROPRIATING FUNDS FOR
OPERATION OF SAME IN THE AMOUNT OF $368,000 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) 1994
EMERGENCY SHELTER GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 28, 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. 11158.
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.
131 June 9, 1994
M
--------------------------------------------------------- ------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND CODE SECTION 2-48 --
PROVIDE THAT CITY CLERK SHALL BE RESPONSIBLE FOR
ADMINISTRATION OF THE CITY'S ARCHIVES AND RECORDS
MANAGEMENT PROGRAM -- DESIGNATE CITY CLERK AS OFFICIAL
CUSTODIAN OF PUBLIC RECORDS AND RESPONSIBILITY OF CITY
OFFICIALS AND EMPLOYEES WITH RESPECT THERETO -- PROVIDE
FOR DUTIES OF CITY CLERK, CITY DEPARTMENTS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Twenty-six, I moved before. I'll move it again.
Commissioner Gort: Second.
Mayor Clark: Roll call.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY ADDING SECTION 2-48 TO
PROVIDE THAT THE CITY CLERK SHALL BE RESPONSIBLE FOR
ADMINISTERING THE CITY'S ARCHIVES AND RECORDS MANAGEMENT
PROGRAM, CONSISTENT WITH 257.36 FLORIDA STATUTES; PROVIDING FOR
THE CUSTODIANSHIP OF PUBLIC RECORDS AND THE RESPONSIBILITIES OF
CITY OFFICIALS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING
FOR DUTIES OF THE CITY CLERK AND CITY DEPARTMENTS; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of April 28, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11159.
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.
Mayor Clark: Thank you, Madam Clerk.
132. .June 9, 1994
---------------------------------------------------- -----------------------------------------------------------
35. INSTRUCT CITY ATTORNEY TO DRAFT PROPOSED ORDINANCE TO
REGULATE VENDORS' ACTIVITY IN THE COCONUT GROVE SPECIAL
VENDING DISTRICT, PROVIDING FOR: (a) ESTABLISHMENT OF A FEE;
(b) A ROTATION SYSTEM OF VENDING SITES; (c) THE REVOCATION
OF A VENDING PERMIT AFTER 3 VIOLATIONS ARE INCURRED;
ESTABLISH REQUIREMENT FOR LIABILITY INSURANCE; (d) ASSIGN
REGULATION ENFORCEMENT TO THE NET.
Mayor Clark: Twenty-seven.
Mr. Cesar Odio (City Manager): Mr. Mayor, on 27, the NET' (Neighborhood Enhancement
Team) Administrator for Coconut Grove or part of Coconut Grove would like to put something
on the record.
Commissioner Plummer: Is that to eliminate all of them?
Mr. Odio: What do you call your section? East?
Ms. Christina Abrams: Northeast.
Mr. Odio: Northeast Coconut Grove.
Ms. Abrams: No, Commissioner, I wanted to make a suggestion. In order to assist me in
enforcing...
Mayor Clark: Yes, ma'am, would you identify yourself.
Ms. Abrams: Yes. Christina Abrams, Coconut Grove Northeast.
Vice Mayor Dawkins: Wait a minute. How many sections of Coconut Grove is there? Two.
Well, how the hell... How do you get Northeast?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Dawkins: Say what, now?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: You know...
Vice Mayor Dawkins: Northeast and southwest. Well, there's a black one over there called the
South Grove.
Commissioner Plummer: No, it's called West Grove.
Vice Mayor Dawkins: Well, West Grove.
Mayor Clark: You're talking about the weather vane.
Vice Mayor Dawkins: See now, let's get our act... I mean, you all get your act together up here.
OK? Tell me. I don't know but one Coconut Grove, me. All right?
133 June 9, 1994
OMh
Mr. Ted Stahl: That's right.
Unidentified Speaker: We hope it will stay unified. We hope it will be one Grove, but there are
two NET offices.
Vice Mayor Dawkins: What you're hoping, you're coming up here telling me something
different, she is. So y'all make up your mind.
i
Mayor Clark: Now, let's not get into an argument. Now, damnit, I'm not going to stand this
anymorel You have the floor, and don't respond until you're asked to respond.
Vice Mayor Dawkins: Thank you. All right. So what is Northeast Grove?
Ms. Abrams: I believe it's everything east of McDonald.
Vice Mayor Dawkins: East of McDonald. All right. What is Southeast Grove?
Ms. Abrams. Southwest of McDonald.
Vice Mayor Dawkins: No, no. You said northeast. OK? Now, if you go from northeast, you
got to go to southeast.
Ms. Abrams: Southwest.
Vice Mayor Dawkins: No.
Mr. Carlos Smith (Assistant City Manager): Commissioner, when you requested us to... Carlos
Smith, Assistant City Manager.
Vice Mayor Dawkins: Say what, now?
Mr. Smith: When the Commission requested that we split the Grove into two areas, we split the
Grove along McDonald Avenue. East of McDonald Avenue...
Vice Mayor Dawkins: When did we... When did this Commission request that?
Mr. Smith: Back in February.
Vice Mayor Dawkins: That you make two Groves.
Mr. Smith: That's correct. Two Coconut... Two...
Commissioner Plummer: No, no, no, that's not a true statement.
Mr. Smith: I'm sorry, two NET offices.
Mayor Clark: Please, now, I'm telling you now, we'll have no meeting if this goes on.
Mr. Smith: You asked us to create two NET offices in Coconut Grove.
Vice Mayor Dawkins: Yeah, that's right. I did not ask you to set up the Grove - split the Grove.
Commissioner Plummer: That's exactly right.
134 June 9, 1994
Mr. Smith: That's right.
Vice Mayor Dawkins: I did not ask you to split the Grove. I said put two NET offices in the
Grove.
Mr. Smith: That's correct. And we created...
Vice Mayor Dawkins: So now, you cannot find any place in the minutes where you were told to
split the Grove. You cannot find that in the minutes. Now, you will find where it was said that
if...
Mr. Smith: Create a second office.
Vice Mayor Dawkins: Beg your pardon?
Mr. Smith: To create a second office.
Vice Mayor Dawkins: Second NET office.
Mr. Smith: That's correct.
Vice Mayor Dawkins: And nobody said anything about splitting the Grove into northeast,
southeast, and southwest.
Mr. Smith: That's correct, and I stand corrected.
Vice Mayor Dawkins: OK. Thank you. Go right ahead, Ms. Abrams.
j Ms. Abrams: Thank you, sir. At the first reading, the...
Commissioner De Yurre: Mr. Mayor, if I may ask, what area do you service, or do you just
j service the whole Grove; both serve the whole Grove?
y
Ms. Abrams: In laymen's terms, the Center Grove and the North Grove, and everything on the
bay.
Commissioner De Yurre: Like what avenue, what street?
Ms. Abrams: Picture McDonald, if it were to go, run north/south, on the 32nd Avenue?
Commissioner De Yurre: Yeah.
Ms. Abrams: Run it all the way to the bay, and that's what I'm responsible for, everything east
of that.
Commissioner De Yurre: East of that. So you got part of Main Highway?
Ms. Abrams: Right. The whole Village Center, the North Grove.
Commissioner Plummer: Where does it break on Main Highway?
Ms. Abrams: Main Highway, I believe it's Royal Road, if I'm not mistaken.
135 June 9, 1994
Commissioner Plummer: Royal Road, St. Hughes Church.
Ms. Abrams: Correct.
Commissioner Plummer: So Victor lives in the other Grove.
Ms. Abrams: Now, you see, you're not in my area.
Commissioner Plummer: Well, Mr. Mayor, if I may. Christina, let me tell you something. In
the future, when you come here and you talk about the Northeast Grave, which we never
approved, you're going to have a problem with me. OK? You're in Coconut Grove, period.
Ms. Abrams: Yes, sir.
Commissioner Plummer: Thelma is in Coconut Grove.
Ms. Abrams: Yes. OK. Thank you. I'm clear.
Mayor Clark: Now, what is this, now? What do we want? About the vending?
Ms. Abrams: This is about the street cart vendor. The last time the City Commission voted on
it, we recommended some changes to the ordinance, and I would like to recommend if we could
add some of these statements I'm about to make to the ordinance. The ordinance was passed
providing for locations to be assigned on a quarterly basis. So every three months, we had a
lottery system, and we charge a flat fee of two hundred dollars. I believe that would be difficult
for us to enforce, and I would suggest, with all due respect, if we could have it set up so that if
anyone is interested in vending in Coconut Grove, that they can bid on a spot. There's ten spots
available. They can bid on the spot, with a cap of three thousand and a minimum bid of five
hundred, and then should there be a tie, there would be a lottery. But this way, a vendor is
assigned to one spot, and they have that spot for the entire year. Right now, the way the
ordinance is drafted, they would have to rotate it, and one would not know what spot they're
going to get. And this is their livelihood, and I would like to recommend that they have more
permanent status. I would...
Commissioner Plummer: I disagree.
A. Quinn Jones, III, Esq. (City Attorney): That's what you had before.
Commissioner Plummer: That's what we had before, and everybody was upset about it, because
you have... If I may, Mr. Mayor. You have one person who has a choice spot, and that is wrong.
That is public property. Everybody should have the same right to have any one of the ten
locations. To me, the only sense of fairness - I agree with the quarterly draw, OK? - and the first
location is number one. You pull out a name, and that's who goes to one; pull out a name, and
that's who goes to two. To do it any other way, in my estimation, is unfair.
Mayor Clark: That's what we have now, Mr. Plummer.
Commissioner Plummer: No, sir. No, sir. You got people that have homestead rights.
Mr. Abrams: First come, first served.
Commissioner Plummer: They got squatter's rights. They've been there forever. They come at
midnight the night before to stake out that location, and it's wrong. I would like to see it moved
from Public Works over to the NET office; they establish a register of people who are interested;
136 June 9, 1994
1
set a fee, whatever you think that fee is that's fair and equitable; and once every three' months,
pull a slip. Pull a slip. Mr. Mayor, other than that, it, to me, is unfair. So you all do what you...
Mayor Clark: All right. That's fine. Is that what we have now?
Ms. Abrams: That is... That passed on first reading.
Commissioner Plummer: Then we have one other problem that we've got to discuss. The other
problem is that they are proposing to have two vendors in front of Cocowalk.
Ms. Abrams: Not directly in front. It's between Cafe Sci Sci and Cocowalk.
Commissioner Plummer: Christina, my problem is, you can't move on the sidewalk in front of
Cocowalk with the restaurant there, the Cocowalk amount of pedestrian walkway, right all the
way down to the corner. I think it's just going to impede.
Mayor Clark: Mr. Plummer, can you come up with an ordinance that will straighten this thing
out?
Commissioner Plummer: Sir, what I've just suggested, I think, in my mind, will straighten it
out. I can't say that everybody else agrees to that, because if you had my real ordinance, I'd like
to eliminate them all. I think it's in competition with the private companies who pay taxes, but
that's beside the point. OK? If you want an ordinance, I can create a very simple ordinance that
says... My ordinance, if I created it, would be strictly for the interest of fairness, solely. I don't
know one vendor from the other. I would not give one preference over the other. It would be a
formula and a system that would be fair and equitable across the board.
Mayor Clark: If we have an ordinance to that nature, would you agree with that?
Mr. Stahl: I'm only involved...
Commissioner Plummer: Ted Stahl, for the record, your name and address.
Mr. Stahl: My name is Ted Stahl. I am a merchant on Commodore Plaza, and a property owner,
and a resident at 3171 Royal Road. The reason I'm standing at this podium is I have been
involved in this situation and this...
Commissioner Plummer: From day one.
Mr. Stahl. ... from day one, which is almost seven years now, going back and forth, taking up
public time, taking up the City's time, hours, countless hours of expense. And the original
problem - a little history, I'll go as rapidly as I can - why we constantly are coming before you.
Many years ago, this community was plagued with vendors all over our sidewalks, selling cats,
dogs, jewelry, and their children were sleeping in the alcoves and urinating all over our public
streets. We came to you with a problem, and we asked, could you help us straighten out a
problem in this small community. At that time, there were some legitimate vendors, and they
were good vendors, but with them came a lot of mess. We came to you on both sides. We were
like enemies. And you sent us to the bargaining table, and you said, sit down with the City
Attorney, sit down with Public Works, the vendors are to sit down with the merchants and the
people of this community and come up with a compromise, which we did. And that
compromise, which was the original ordinance has successfully worked in this community since
the day it was put into effect. The only problem with the original ordinance was rotation. There
was no rotation. And when these young people who come with their carts... And these carts
don't weigh fifteen pounds. They're huge. They have to push them sometimes from their
137 June 9, 1994
Q
homes. It's a lot of hard work. And for these vendors to come at daybreak, ready to grab a spot
at four o'clock or eight o'clock in the morning was wrong. The original ordinance was perfect.
Just have some kind of rotation system, and we have no problems.
Commissioner Plummer: That's exactly what I'm saying.
Mr. Stahl: Then... Now, as far... And I don't disagree with you, Mr. Plummer, but let me
explain to you about Cocowalk. Cocowalk has the widest public right-of-ways in this City.
Commissioner Plummer: Thank Godi
Mr. Stahl: They are not obstructed by any news racks, they are not obstructed by ay waste
receptacles, they are not obstructed by any large planters taking up public property. But you go
directly across the street to Coconut Grove Bank, on that corner where the sidewalks are four -
foot width and eight -foot width on the Grand Avenue side, where you have nine news racks
anchored together, signal girders, bicycle racks, waste receptacles, and Public Works places a
vendor spot. Now, if you want to talk about congestion, that's the corner you look at. But yet,
you have a spot there. You can't even move. And if I owned Coconut Grove Bank, I would
have sued the City a long time ago. It's unfair. It's wrong.
Commissioner Plummer: I agree.
Mr. Stahl: And Cocowalk...
Commissioner Plummer: Ted, you were here when we tried to eliminate four thousand
newspaper racks, and Ted Stahl used to do some things late at night about newspaper racks, and
nobody ever caught you at.
Mr. Stahl: Wait a minute. Don't you accuse me of anything. No way.
Commissioner Plummer: And, you know, the first time we did, First Amendment, we have a
right to be there, you can't charge us, you can't put a vending license, you can't do any of that.
So you know we tried, Ted. So give us credit for what we tried to do.
Mr. Stahl: Yeah. We're still working on that.
Commissioner Plummer: OK.
Mr. Stahl: So the problem here is that Cocowalk has come into our community, and we
welcome. They've brought business. They are a big taxpayer. But we all pay taxes in this
community. And if we must share these news racks, and if we must share these waste
receptacles, and if we must share these vendors in front of our property, then we feel that the...
This particular company or Cocowalk should also express their interest in helping this
community by taking some of the gaunt (sic) in front of their operation. And that's not asking
too much.
Mayor Clark: All right. Let me tell you what we're going to do. You got to what, rotation,
J.L.?
Commissioner Plummer: That's what I... We're both in agreement on that, Mr. Mayor.
Mr. Stahl: Yes.
Commissioner Plummer: The only place we're disagreeing is Ted and I - now, not the vendors -
but Ted and I, and the only disagreement is the two in front of Cocowalk, which I'm opposed to.
138 June 9, 1994
Mayor Clark: Well, do we have an ordinance prepared?
Commissioner Plummer: We have an ordinance.
Mr. Jones: We have an ordinance, Mr. Mayor, but it's totally different from that.
Commissioner Plummer: Yes, sir.
Mr. Jones: We've incorporated into the ordinance here before you now the conditions and
criteria that you gave us to work with there. What you're doing now is proposing something that
is radically different from this.
Mayor Clark: Rotation.
Commissioner Plummer: Yeah.
Mr. Jones: ... and to the extent that it's just is not as complicated as this.
Mayor Clark: Well, we're not going to spend three hours on listening to this, I'll tell you that.
Commissioner Plummer: Can I bring, Mr. Mayor, to your attention and my colleagues, I've
already been informed by the Dade Partners of Downtown. They are going to beg this
Commission - they're coming forth very quickly - to eliminate all vendors in the downtown area.
So they're going to ask that of this Commission. Whether or not we grant it, I just want you to
know that they're upset downtown, also.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Mr. Mayor, if... Like Ted says, if it's good for the Coconut Grove Bank
to have its sidewalks obstructed, it's just as good for Cocowalk. Now, if it's good for Cocowalk
to have their sidewalks unobstructed, then by all means, we should move all the stuff from across
the streets in the bank, obstructing the bank. I mean, we have to be fair.
Mayor Clark: Well, where are we headed here now? What do we need to do?
Commissioner Plummer: Well, Mr. Mayor, I'll make you a motion.
Mayor Clark: Yeah.
Commissioner Plummer: My motion is that we first and foremost move this out of Public Works
into the NET office; second of all, that a rotation be established for the ten locations that are
there presently, on a quarterly basis; that anyone wishing to have one of those locations who
meets the criteria previously established will be on a first come - I'm sorry - on a basis of...
Mr. Stahl: Rotation.
Commissioner Plummer: I don't know how to word it. How do I want to word it? The first
location will be the first name drawn; the second location will be the second name. You know
what I mean.
Ms. Abrams: Yes.
Commissioner Plummer: OK.
139 June 9, 1994
Unidentified Speaker: A lotto.
Commissioner Plummer: A lotto... Well, that can be a lot of ways.
Ms. Abrams: That's a lottery.
Commissioner Plummer: And I would move that, Mr. Mayor, as what we establish for Coconut
Grove. And, excuse me, just so we don't be unfair, let's try it for six months or two periods.
And we'll try it, and bring it back after that, For an experience.
Mr. Joel Maxwell (Assistant City Attorney): We'd have to bring you an ordinance at the
meeting in July to do that. You want to adopt it at... You can adopt it at that time as an
emergency ordinance.
Commissioner Plummer: Well, bring it back this afternoon.
Mr. Stahl: May I ask...
Mr. Maxwell: We wouldn't be able to prepare it today.
Ms. Abrams: That's great.
Commissioner Plummer: Why? With all the money I'm paying you lawyers, you can't do that
this afternoon? A hundred thousand dollars here, and a hundred thousand dollars there, you
can't prepare a simple ordinance?
Mr. Maxwell: That wouldn't be a simple ordinance. The answer would be we could not have
that ready for you this afternoon.
Commissioner Plummer: Takes me twenty seconds to say it, and him eight days to draft it.
Mayor Clark: All right. Please, now. What have we got on the table, anything?
Commissioner Plummer: No, I move it, Mr. Mayor.
Commissioner Gort: Second.
Mr. Stahl: May I answer Mr. Plummer's statement? If you turn this over to NET, which we all
agree is the best, because they know the problems...
Commissioner Plummer: Ha! You better agree. You asked me to do it.
Mayor Clark: Please, please now. Let's move on.
Mr. Stahl: Would you also ask that they have the right to enforce this ordinance by issuing three
citations of warnings; on the third, they lose their license for the year.
Commissioner Plummer: Sir, I would want to go stronger than that; that if someone is in
violation, the Police Department will go there and remove them, period; no three violations.
Mr. Stahl: That's our problem, Mr. Plummer. That's the way it's been, and we can't get the
police. The police don't understand the ordinance. We have to carry the ordinance in our back
pocket all the time. They know it.
140 June 9, 1994
Ms. Abrams: They're busy.
Commissioner Plummer: They have a police officer in there, which is called an NRO
(Neighborhood Resource Officer) that can go there and tell these people, "Either you comply, or
bye-bye."
Ms. Abrams: If you give... If you...
Commissioner Plummer: Play hard ball.
Ms. Abrams: But 1 will enforce it. If you say three notices of violations and they lose their
permit, I'll do it.
Ms. Stahl: That's what we'd like, Mr. Plummer.
Ms. Abrams: I or any representative from my office can do that, without necessarily having to
go to the police.
Commissioner Plummer: Why should I give them three strikes?
Mr. Stahl: Two, one?
Mr. Maxwell: The ordinance before you, the one before you incorporated that request from the
last meeting, Mr. Plummer. It has a provision in it for revocation if there are three violations,
and it sets up a three -step. That's already in there. And it also transferred enforcement to the
NET office. The one in front of you doesn't.
Commissioner Plummer: All I'm saying is, why give them three violations? I would not want
them to violate it at all, and if they do, they either comply or bye-bye.
Mr. Stahl: That's fine, but would you give NET the right to enforce this?
Commissioner Plummer: Absolutely.
Mr. Stahl: Thank you.
Mr. Maxwell: What you have here is... Of course, it would be your prerogative. If you like, you
can cut it down to one. However, revocation does require due process. That's built into the
ordinance at the moment, as well.
Mr. Stahl: Yes, sir, I know that.
Commissioner Plummer: If they don't meet the requirements, they're gone.
Mayor Clark: All right. Let's move forward. We're just talking back and forth, and
accomplishing nothing.
Commissioner De Yurre: Mr. Mayor.
Mr. Maxwell: I would suggest... I would...
Mayor Clark: Go ahead.
141 June 9, 1994
Commissioner De Yurre: Mr. Mayor, these ten spots I'm looking at right here, are those the
current, also the current ten spots?
Ms. Abrams: No. Those are revised. They include two in front of Cocowalk.
Commissioner Plummer: Yeah.
Ms. Abrams: They were moved from two previous locations, displaced by the sidewalk cafe.
Commissioner De Yurre: Do we have presently any site located in front of Mayfair?
Ms. Abrams: Mayfair is going to be under construction. We do have one site in front of
Mayfair. It's on front of the Oak Feed. But they now have a sidewalk cafe, and they're also
going to be under construction for the next few months.
Commissioner De Yurre: And was that spot in front of Mayfair an original spot? Because I've
never seen that before.
Ms. Abrams: It is currently an original spot, right.
Mr. Stahl: Yes, sir. Yes, sir.
Ms. Abrams: It wasn't used until now, because...
Commissioner Plummer: I'm not interested in that.
Commissioner De Yurre: OK. My next issue with reference to the motion that is being placed
here, I have a problem, J.L., with the quarterly lottery. Some of these, you know...
Commissioner Plummer: You want a monthly?
Commissioner De Yurre: ... carts are, you know, they cost money, maybe like up to a, you
know, a thousand, two thousand dollars to put something nice, which is what we want.
Commissioner Plummer: Definitely.
Commissioner De Yurre: It's an investment that people are not going to make that kind of
investment just to take a shot at three months, and then they may be out. I would look at a
lottery more like you get in, you get ten in for one year, you rotate them month to month, and
they go around from spot to spot, so they can enjoy the good and the bad of each one, and then
you do that on an annual basis. And then, they're more willing to, you know, to make that
investment of really putting a nice cart in the area.
Commissioner Plummer: Victor, I would go along with six months, and I like your idea. OK?
Mayor Clark: Six months sounds all right to me.
Commissioner Plummer: Six months, and rotate it every month, I have no problem with that,
none at all. That's a good, very good idea.
Mayor Clark: Do you want to add something, sir?
Mr. Wayne Brehm: Mr. Mayor and Commissioners, my name is Wayne Brehm. I'm the
director of the Coconut Grove Chamber of Commerce. I would like to read a statement into the
record on behalf of the Chamber.
142 June 9, 1994
"The executive committee of the Coconut Grove Chamber of Commerce
reviewed and discussed the proposed ordinance at their meeting of Monday, June
6, 1994. Although the board of directors has not had an opportunity to consider
the ordinance changes, the executive committee has found no objectionable
provisions in the proposed ordinance, and will so report to the board of directors.
The primary concern of the Coconut Grove Chamber of Commerce is there be no
unfair competition created by allowing push cart vendors to sell their items or
goods which are sold at stores in Coconut Grove. We say 'unfair competition,'
because it would be difficult, if not impossible, for a store merchant with
substantial overhead in the form of thousands of dollars per month rent, taxes,
employee salaries, et cetera, to compete with a push cart vendor, who has
virtually no overhead beyond license expenses and construction or purchase of a
push cart. Items such as those already sold at Coconut Grove stores, including T-
shirts, jewelry which is not handmade, coffee, food, et cetera, should not be sold
from push carts. We believe there is ample room for store -based merchants, as
well as for push cart vendors in Coconut Grove. However, care must be taken to
ensure that in our already strained economy, unfair competition does not drive
even more store -based merchants out of Coconut Grove. For this reason, we are
staunch supporters of the ordinance provisions which permit only the sale of
handmade items from push carts, and that the sale of food or drink not be
permitted from push carts. We ask that if any changes are to be made in the
ordinance in order to permit the sale of food or of beverages or to" - excuse me -
"that the board of directors of the Coconut Grove Chamber of Commerce be
permitted to speak in opposition to those changes, after having had an opportunity
to consider and discuss this adverse impact which they may have on our
members."
Mayor Clark: All right.
Mr. Brehm: On a personal note, I own OM Jewelry on Grand Avenue, and have been in
business in the Grove for twenty-five years. Many of these carts are selling jewelry. A large
percent of this jewelry is manufactured in Mexico, and it's required by the Mexican Government
to be stamped "Mexico" when it's exported. I'm not bringing this up so much because of the
unfair competition, even though I do pay about ten thousand dollars a month in overhead, but
because of the spirit of the original ordinance. I don't mind competition from genuine quality
hand-crafted goods. I do mind the selling of imported, manufactured junk on the streets of
Coconut Grove. That cheapens our image to both visitors and our locals. I would ask that you
direct Christina at NET, or whoever you deem appropriate, to enforce the ordinance as it was
written. It's never been done, and it's time that these people sell what they're supposed to be
selling, handmade items.
Mayor Clark: All right. Thank you, sir.
Commissioner Plummer: Wasn't there a provision, as I recall, Christina, or Public Works, that
they could not sell anything from a cart that was sold within a hundred feet of the cart? Is that...
Wasn't that in the ordinance?
Mr. Maxwell: No, Mr. Plummer. There was a provision several years ago, about seven or eight
years ago, in the original ordinance that said that you couldn't sell anything within three hundred
feet of a store that sold like goods.
Commissioner Plummer: OK. OK. All right. That's correct.
Mr. Maxwell: But that was. struck. That was struck down by the court.
143 June 9, 1994
Commissioner Plummer: And what insurance are they now required to carry? How much
liability?
Mr. Maxwell: None. But the ordinance in front of you would require a million dollars.
Commissioner Plummer: All right, sir. Well, that would be included in my motion.
Mayor Clark: All right. Let's move on this thing. Is there a second to Mr. Plummer's motion?
Commissioner Gort: I second.
Mayor Clark: Second.
Commissioner De Yurre: Yeah, the only question is, what kind of revenue are we going to
receive finally? Because I don't think that was decided.
Commissioner Plummer: I said whatever was fair, they can establish. What are they charging
now?
Ms. Abrams: Nothing, other than the annual permit for three hundred dollars, or approximately
three hundred. We were recommending two hundred dollars a month, based on your
recommendation at the last meeting.
Commissioner Plummer: That's fine. If you feel that's fair, that's fine with me.
Mr. Stahl: And may we request that those figures that are collected go into the Standing Festival
Committee, so that it could be used in refurbishing our streets, our sidewalks, instead of going
into the...
Mayor Clark: No.
Commissioner Plummer: Whatever you want, Mr. Mayor. I... Please. You know, if they want
to do that, I have no problem. Where else would it go?
Commissioner Gort: That's not a bad idea.
Mr. Odio: To the general fund.
Mayor Clark: All right. Let's call the roll on this item so we can move forward. Call the roll,
Madam Clerk.
Commissioner Plummer: I tell you, the sidewalks in Main Highway right now are atrocious.
144 June 9, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-403
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE
TO REGULATE VENDORS ACTIVITY IN THE COCONUT GROVE SPECIAL
VENDING DISTRICT, SAID ORDINANCE TO CONTAIN THE FOLLOWING
GUIDELINES:
•REGULATION AND ENFORCEMENT OF VENDORS WILL BE ASSIGNED TO
THE NEIGHBORHOOD ENHANCEMENT TEAMS (NET);
*NET OFFICES TO ESTABLISH A REGISTER WHICH WOULD LIST ALL
INTERESTED VENDORS;
•ESTABLISHMENT OF A FAIR AND EQUITABLE USER FEE FOR USE OF THE
PUBLIC RIGHT-OF-WAY UTILIZED BY THE VENDOR (PROBABLY $200 PER
MONTH) WHICH MONIES WOULD BE EARMARKED FOR THE ONGOING
REPAIR OF STREETS AND SIDEWALKS OF COCONUT GROVE;
ESTABLISHMENT OF A ROTATION SYSTEM COVERING ALL PRESENTLY
EXISTING VENDING SITES (10 SITES), BY INSTITUTING A LOTTERY -TYPE
DRAWING;
*THE DURATION OF VENDOR PERMITS SHALL BE FOR SIX (6) MONTHS,
WITH MONTHLY ROTATION OF ALL SITES;
•PROVISION FOR THE REVOCATION OF VENDING PERMIT AFTER 3
VIOLATIONS;
•INSTITUTE A REQUIREMENT OF $1,000,000 WORTH OF LIABILITY
INSURANCE FROM EACH VENDOR;
FURTHER STIPULATING SAID GUIDELINES WOULD BE ENFORCED FOR A
TRIAL PERIOD OF SIX MONTHS, BEFORE RECONSIDERATION BY THE CITY
COMMISSION.
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,
Mr. Stahl: Thank you very much. And, Mayor Clark, we would like to thank you. But we do
want you to understand, there's a lot of effort and work by the general public to go into this, and
we appreciate your interest.
Mayor Clark: Thank you, sir. All right. Item 28.
Ms. Mara Fernandez: No, we're not...
Mr. Maxwell: I need some direction.
145 June 9, 1994
2
Ms. Fernandez: Can we possibly speak on this? We've been waiting in line for the push cart
ordinance as well. My name is Mara Fernandez. I'm a resident, 3092 Fuller Street, a merchant
there. We've had these problems go on for a very long time, and we, as vendors, had decided
that at one point, we were all united for an actual bid for the spots. Unfortunately, we were
never notified as to why that wasn't a correct approach to our problem. I understand that
Commissioner Plummer, at the last meeting when we touched upon this issue, suggested the
lottery, but I'm not sure as to why. We have many questions that we still have, and we don't feel
that this should come before a definite decision without the Commission respectfully listening to
what we have to say about this. I mean, we've been...
Commissioner Plummer: We will on first reading, Mr. Mayor.
Ms. Fernandez: No. Actually, we didn't have a chance to speak then, either. I was here, and we
broke for lunch...
Mayor Clark: This is only first reading. You'll have it on the second reading.
Commissioner Gort: You will have it on first reading.
Commissioner Plummer: No, this is not even first reading.
Mr. Maxwell: You come back at first reading.
Commissioner Plummer: First reading will be at the next meeting.
Mayor Clark: It could be amended at that time.
Ms. Fernandez: All right. So then we can then organize ourselves and submit...
Mayor Clark: Make sure you get up front on that time, the second reading. All right?
Ms. Fernandez: All right. OK. Thank you.
Mayor Clark: Thank you, ma'am.
146 June 9, 1994
---------------------------------------------------------------------------------------------------------------
36. DISCUSS AND DEFER CONSIDERATION OF PROPOSED SECOND
READING ORDINANCE TO AMEND 11139, BY ESTABLISHING
APPROPRIATIONS ($2,000,000) FOR CAPITAL IMPROVEMENT PROJECT
ENTITLED: WATSON ISLAND SANITARY SEWERS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 28, second reading on the capital improvement appropriations
ordinance.
Commissioner Plummer: Mr. De Yurre moved it. I'll move it if he doesn't want to.
Mayor Clark: Is there a second?
A. Quinn Jones, III, Esy,: An ordinance amending Ordinance Number 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 two
million dollars, containing a repealer provision and severability clause.
Mayor Clark: All right. Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): Commissioner Plummer.
Commissioner Plummer: Yes.
Ms. Hirai: Commissioner Gort.
Commissioner Gort: Yes.
Ms. Hirai: Vice Mayor Dawkins.
Vice Mayor Dawkins: No.
Ms. Hirai: Commissioner De Yurre votes yes. Mayor Clark.
Mayor Clark: I vote yes.
Vice Mayor Dawkins: Let me explain my "no" vote. I think that there are other places in the
City of Miami that we need to be putting gutters, streets and things in, without going to Watson
Island, which is not developed, and putting in a sanitary sewer, and I vote no.
Mayor Clark: This is just for the edification, this is not a sewer line for a sewer. This is a pump
station, really, a main...
Vice Mayor Dawkins: It does not say "a pump station."
Mayor Clark: Is that right?
Vice Mayor Dawkins: It states "Watson Island sanitary sewers," Mr. Mayor.
Mayor Clark: All right. Listen.
147 June 9, 1994
Mr. Jim Kay: This is a subaqueous force main between the mainland of Miami and Watson
Island, and a pumping station.
Commissioner Plummer: It's both.
Vice Mayor Dawkins: OK. All right. I would like, then, for this to be deferred, and you bring it
back and show me that it's a pumping station. See, that's not what I'm voting on. I'm voting on
what you have in front of me. Then you come and tell me that what you have...
Commissioner Plummer: You move to defer?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: I second the motion. Let me tell you why I'm seconding the motion.
You might put that thing in anywhere you want on that island, and we'd have another monkey,
as we have in Biscayne Boulevard, with a pumping station, the ugliest looking thing in the
world, right on Biscayne Boulevard, where, possibly, if you'd used a little - not you - some sense
in the early days, you could have maybe hid the damn thing off of the boulevard and the entrance
to our City.
Mayor Clark: OK. Let's move.
Mr. Odio: If I may, let me read what it says. It says no sanitary sewers exist on Watson Island.
Waste generated flow to septic tanks. Before State and County approvals are given to new
leashold improvements of any size, City must construct a pump station and extend the sewer line
from Bicentennial Park to Watson Island.
Vice Mayor Dawkins: OK. Well, why is it such a hurry, when we're under a sewer moratorium
now because...
Mr. Odio: We're not, sir.
Vice Mayor Dawkins: We are. You cannot hook up to the sewer because the lines are
overloaded, and etcetera, and now you're going to prepare to add more sewage to that line.
Mr. Odio: This is a...
Commissioner Plummer: Mr. Odio, if I may.
Mr. Odio: Yes, sir.
Commissioner Plummer: A smart Manager, when two of his bosses asks you to defer it, doesn't
stand there and argue with two of his bosses.
Mr. Odio: Yeah, but I'm not smart, and I was going to bring in June 30th...
Commissioner Plummer: You're right.
Mr. Odio: ... an RFP (Request for Proposals) request...
Commissioner Plummer: You're right.
148 June 9, 1994
Mr. Odio: ... to start doing something in Watson Island, which sorely needs it. We began the
cleanup there now. We need to have your permission to issue an RFP to be able to do something
there.
Vice Mayor Dawkins: Well, then, I feel that, as the Commissioner, that you should wait. You
feel that you want to do it now. I feel that you should wait.
Mr. Odio: I'll wait.
Vice Mayor Dawkins: Thank you.
Mayor Clark: All right. That's been deferred till the next meeting.
Commissioner Plummer: Fine.
END OF DISCUSSION -- ITEM DEFERRED
----------------------------------------------------------------------------------------------------------------
37. SECOND READING ORDINANCE: AMEND CODE SECTION 53-161 --
CHANGE RATE SCHEDULE FOR USE AND OCCUPANCY OF THE MIAMI
CONVENTION CENTER.
-------------------------------------- -------------------------------------------------------------------------
Mayor Clark: All right. Let's have item number 29.
Commissioner Plummer: I'm going to move 29, but I've got a question.
Mayor Clark: OK. Move it and question it.
Commissioner Plummer: How does Mr. Dawkins second the motion...
Vice Mayor Dawkins: Second.
Commissioner Plummer: ... and be absent?
Vice Mayor Dawkins: Second.
Commissioner Plummer: Read the agenda. The agenda says Mr. Dawkins seconded the motion,
and he was absent. Did he do it in absenteeism? Did he do it by EPS (extra sensory
perception)?
Commissioner De Yurre: No, because he had to go to the bathroom between the...
Commissioner Plummer: Did he do it by the bathroom?
Mayor Clark: Listen. We're just taking a lot of time here for nothing. I'm trying to move these
meetings forward with dispatch. Give me a chance! You've made the motion. Did you second
it, Willy?
Commissioner Plummer: I made it.
149 June 9, 1994
Commissioner Gort: Yes, sir.
Mayor Clark: All in favor, signify... All right. 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;
f CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND
f PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 5, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11160.
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.
150 June 9, 1994
Mayor Clark: Item 30.
Cmmissioner Plummer: It's withdrawn.
Vice Mayor Dawkins: Withdrawn, Mr. Mayor.
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE ACCEPTANCE OF A HOME INVESTMENT PARTNERSHIP'S
PROGRAM (HOME PROGRAM) FROM U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) IN THE AMOUNT OF $3,757,000
FOR THE DEVELOPMENT OF LOW / VERY LOW INCOME FAMILIES
HOUSING -- APPROVE GUIDELINES AND IMPLEMENTATION OF HOME
PROGRAM -- EXECUTE AGREEMENTS.
Mayor Clark: Item 31.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, you should take item 32 before you take
31.
Mayor Clark: What is that?
Mr. Jones: Thirty-two establishes the...
Mayor Clark: Home grant. OK. Motion on 32. Is there a motion?
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Right, second.
Mayor Clark: That was a resolution?
Mr. Jones: Yeah.
Mayor Clark: Cast a unanimous ballot.
151 June 9, 1994
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The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-404
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO ACCEPT A HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT
(HOME PROGRAM) IN THE AMOUNT OF $3,757,000 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FOR THE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND VERY LOW
INCOME FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI, AS
APPROVED BY THE CITY COMMISSION; APPROVING THE HOME PROGRAM
GUIDELINES, ATTACHED HERETO AND INCORPORATED HEREIN; AND
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE HOME PROGRAM
IN ACCORDANCE HEREWITH; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL THE NECESSARY AGREEMENTS AND
DOCUMENTS BETWEEN THE CITY OF MIAMI AND THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR IMPLEMENTATION OF THE
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
152 June 9, 1994
39. (A) FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUND: FEDERAL HOME INVESTMENT
PARTNERSHIP GRANT PROGRAM (THIRD YEAR) --
APPROPRIATE $3,757,000, AS APPROVED BY DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
IMPLEMENTATION OF THE HOME INVESTMENT
PARTNERSHIP PROGRAM.
(B) DIRECT CITY MANAGER TO RESERVE $2,000,000 OUT OF THE
$3,757,000 FEDERAL HOME INVESTMENT PARTNERSHIP
GRANT PROGRAM (THIRD YEAR) IN ORDER TO ESTABLISH A
SINGLE FAMILY HOME OWNERSHIP PROGRAM TO BUILD
SINGLE FAMILY HOMES AT A COST NOT TO EXCEED $60,000
PER HOME.
Mayor Clark: Thirty-one.
Vice Mayor Dawkins: Second, under discussion.
Mayor Clark: All right, discussion.
Vice Mayor Dawkins: Is this going to be for single-family homes, or is this going to be for multi
dwellings, or is this going to be for rehab, or multi dwellings?
Mr. Jeff Hepburn: There are a combination of things there. There's one program that basically
allows for us to build single-family homes and make homeowners on vacant lots that the City
currently owns. There's a program there also to fund nonprofit corporations to develop housing
in the City's target areas. There's a program that will allow five hundred thousand dollars to be
utilized for the Olympia Building Rehab, if that occurs, and also two hundred thousand for
multifamily new construction in the City.
Vice Mayor Dawkins: OK. Off the top of your head, of the three and three quarter million
dollars, how much of that is reserved for new single-family, no -previous -owner homeowners.
Mr. Hepburn: There's roughly a half million dollars right now.
Vice Mayor Dawkins: A half million?
Mr. Hepburn: That's correct.
Vice Mayor Dawkins: I could not vote for you to take three and three quarter million dollars,
and reserve a half a million dollars only to construct new homes for people.
Mr. Hepburn: Commissioner Dawkins, Vice Mayor Dawkins...
Mayor Clark: Let me...
Vice Mayor Dawkins: Yes, sir, go right ahead, sir.
Mr. Hepburn: There is one program, there's two million dollars being earmarked. Again, this is
a program that will fund nonprofit groups that do home ownership housing, like CODEC, that's
doing Melrose currently.
153 June 9, 1994
Vice Mayor Dawkins: That's what you want it for, right?
Mr. Hepburn: What I'm saying to you is that I have no idea at this point what those nonprofits
are going to do until they come to the table.
Vice Mayor Dawkins: OK. All right. I will accept the motion to accept this money, and you
come back to this Commission and let us know what you want to do with it, and we approve it.
Commissioner Plummer: So you want to hold item 31..
Mayor Clark: Let me ask this question. You know the homes that are going up on the highway,
down just west of 37th Avenue, between 37th and probably Ponce, on the south side?
Mr. Hepburn: Franklin? Franklin Avenue?
Mayor Clark: The highway, 32nd - 37th Avenue to Ponce, on the south side, where all those old
apartments...
Vice Mayor Dawkins: That's Coconut Grove. They're doing that in Coconut Grove.
Commissioner Plummer: No, that's the Gables.
Vice Mayor Dawkins: That's David, David. Mm-hmm.
Mayor Clark: How much are those homes worth?
Mr. Hepburn: I'm not sure. There's a nonprofit doing those. Coconut Grove... David
Alexander, I think, their group.
Mayor Clark: Well, I want to tell you, there was no sense in tearing down those apartment
houses and building single-family homes on a highway that travelled. That is... That's the most
stupid thing you ever saw in your life.
Vice Mayor Dawkins: But we didn't do it. We didn't do it.
Mr. Hepburn: That's not the City's project.
Mayor Clark: I know it.
Vice Mayor Dawkins: Mr. Mayor...
Mayor Clark: Is that HUD (Housing and Urban Development) money?
Vice Mayor Dawkins: Yes, yes. Mr. Mayor.
Mayor Clark: Yeah.
Vice Mayor Dawkins: We have twenty-five available lots in Overtown on which to build single-
family homes in Overtown. We jump up and down and scream about we want to develop
Overtown, bring Overtown back, and here, we have three point three quarter million dollars with
which to construct single-family homes on land that the City already owns that we could put
houses that would bring taxes...
154 June 9, 1994
Plummer: Well, make a motion.
Commissioner Gort: Yes, sir, he's right, it's wrong.
Vice Mayor Dawkins: ... and then you tell me that you're only going to make a half a million
dollars.
Mr. Hepburn: This is for the City's program where we build scattered site single-family homes
on vacant lots, the five hundred thousand dollars. The two million dollars, we'll be working
with groups like New Hope Overtown, which currently we're working with. There are plans to
build single-family homes on lots that are located west of I-95.
Commissioner Plummer: May I ask a question?
Mr. Hepburn: But the two million that I'm talking about, those funds will be earmarked for
projects like that.
Mayor Clark: OK. The motion is to accept the money.
Commissioner Plummer: Can I ask a question, sir?
Mayor Clark: Yes, sir, you sure can.
Commissioner Plummer: Are you telling me or Commissioner Dawkins that that is what the
Federal grant says you've got to do?
Mayor Clark: Don't you have some discretion there?
I Mr. Hepburn: There is discretion, yes.
Mayor Clark: All right.
Commissioner Plummer: Then if Commissioner Dawkins were to make a motion that two
million dollars must go for single-family residences, that that can be done? Is that within the
purview?
Mr. Hepburn: That could be done.
Commissioner Plummer: Then, Mr. Dawkins, it's a simple matter.
Vice Mayor Dawkins: OK. I make a motion that we reserve two million dollars for single - of
this three point three quarter million dollars - for single-family homes.
Commissioner Plummer: I second the motion.
Mayor Clark: On the motion, on the motion.
Commissioner Plummer: You know, I don't want any more of these high-rise ghettos.
Commissioner Gort: Mr. Mayor.
Mayor Clark: On the motion. On the motion. Not to have a single-family home at $110,000.
Vice Mayor Dawkins: No, fifty-five thousand - wait - coming in at sixty thousand.
155 June 9, 1994
t
Mr. Hepburn: No, no, no.
Commissioner Plummer: Absolutely not. Not way.
Mayor Clark: You could break these down to about fifty-five...
Vice Mayor Dawkins: Sixty. We'll bring them in at sixty.
Mayor Clark: ... sixty thousand dollars.
Mr. Hepburn: Yeah, we're probably looking at sixty, sixty-five.
Mayor Clark: If not, I'll build them for that. Make money.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: Is it the intention of this motion for these single -families to be built by the
City, or can they also be built by a nonprofit corporation within the - with a track record within
the neighborhoods?
Commissioner Plummer: Anybody who wants to build them.
Vice Mayor Dawkins: Anybody who can bring them in at sixty thousand dollars, Mr. Gort.
Anybody.
Commissioner Plummer: With a proviso that if we don't do it, as we have done in the past, that
anybody who would be granted that amount of money, as a construction company, has to get
approval from this Commission as to the amount of rent they're going to charge.
Mr. Hepburn: Yeah. We would come to this Commission with each allocation that we would
make to these nonprofit groups.
Commissioner Plummer: No question.
Mr. Hepburn: We would not make this without your approval.
Mayor Clark: All right. A motion by Mr. Dawkins.
Commissioner Plummer: Well, CODEC does an excellent job, for example, and CODEC could
come in here and apply for it. Why not?
Mayor Clark: Motion by Mr. Dawkins.
Vice Mayor Dawkins: Call the roll.
Mayor Clark: Call the roll.
156 June 9, 1994
W
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The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 94-405
A MOTION DIRECTING THE CITY MANAGER TO RESERVE $2,000,000 OUT OF
THE $3,757,000 FEDERAL HOME INVESTMENT PARTNERSHIP GRANT
PROGRAM (THIRD YEAR)" MONIES TO BE SPECIFICALLY EARMARKED TO
BUILD SINGLE FAMILY HOMES AT A COST NOT TO EXCEED $60,000 PER
HOME.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Please, I don't understand the motion. Bring it back to me.
Mayor Clark: Two million dollars reserved for single-family homes.
Commissioner Plummer: Single-family.
Commissioner Gort: Single-family.
Commissioner Plummer: Right.
Commissioner Gort: They cannot be used for anything else.
Mayor Clark: That's right.
Vice Mayor Dawkins: No, nothing else.
Commissioner Gort: Just single-family. So East Little Havana, if they want to build, like
they've done in the past...
Vice Mayor Dawkins: If Little Havana wants to build a single-family home, you put a single-
family home in Little Havana.
Commissioner Gort: I can't vote for it.
Vice Mayor Dawkins: If Little Havana does not want to build a single-family home, then you
take the other part of this three point...
Commissioner Plummer: A million - million, three quarters.
157 June 9, 1994
s _
i
Vice Mayor Dawkins: ... three quarters of a million dollars, which will give you one million,
three quarters, and build something else.
Commissioner Gort: All right, got it.
Commissioner Plummer: That's it.
Commissioner Gort: No.
Mayor Clark: All in favor, signifying by saying "aye."
Ms. Matty Hirai (City Clerk): Votes no.
Vice Mayor Dawkins: He votes no. -
Ms. Hirai: He votes no.
COMMENTS MADE AFTER ROLL CALL:
A. Quinn Jones, III, Esq.: Mr. Mayor, you still need to establish the fund to accept the money.
That's what item 31 is.
Commissioner Plummer: We did.
Mr. Jones: No, you didn't. There's a corollary. What you did was you...
Commissioner Plummer: All right. I move item 31.
Vice Mayor Dawkins: Second.
Mr. Jones: OK. Let me read the ordinance.
Mayor Clark: Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.]
Vice Mayor Dawkins: And I think I need to put in here, so we all... Mr. Gort, Commissioner
Gort, I think we need to put in here, so we all are on the same wave length...
Commissioner Plummer: What's that?
Vice Mayor Dawkins: ... that if anybody, Coconut Grove, Wynwood, Northeast Miami,
anybody in the City of Miami wants to do some multiples out of the rest of this money, they're
entitled to it.
Mayor Clark: Sure they are. All right. Now, read the... On 33, is it?
Mr. Odio: Yes, sir.
Mayor Clark: Thirty-three? No, we just... Call the roll on that last one, Madam Clerk.
158 June 9, 1994
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"FEDERAL HOME INVESTMENT PARTNERSHIP GRANT PROGRAM (THIRD YEAR)",
AND APPROPRIATING $3,757,000 FOR EXECUTION OF SAME AS APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
1 IMPLEMENTATION OF THE HOME INVESTMENT PARTNERSHIP PROGRAM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
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.
----------------------------------------------------------------------------------------------------------------
40. ESTABLISH NINE (9) NEW SPECIAL REVENUE FUNDS: (1) JTPA TITLE II
/ OLDER WORKER (PY'94); (2) JTPA TITLE IIA / NEIGHBORHOODS JOBS
PROGRAM (PY'94); (3) JTPA TITLE IIC / NEIGHBORHOODS JOBS
PROGRAM (PY'94); (4) JTPA TITLE III PAN/AM DISLOCATED WORKERS
PROGRAM (PY'94); (5) JTPA TITLE III / EASTERN AIRLINES
DISLOCATED WORKERS PROGRAM (PY'94); (6) DHRS / RCA (PY'95); (7)
JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'94); (8) JTPA
TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
(PY'94), AND (9) OFFICE OF INTERGOVERNMENTAL LIAISON (PY'94) --
APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF LABOR GRANT
AWARDS -- EXECUTE NECESSARY AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
Vice Mayor Dawkins: Move 33.
Mayor Clark: Read the Ordinance.
Commissioner Gort: Second.
Mayor Clark: Seconded. Call the roll.
159 June 9, 1994
AN ORDINANCE ESTABLISHING NINE (9) NEW SPECIAL
REVENUE FUNDS ENTITLED: "JTPA TITLE ll/OLDER WORKER (PY'94)", "JTPA TITLE
IIA/NEIGHBORHOODS JOBS PROGRAM (PY'94)", "JTPA TITLE IIC/NEIGHBORHOODS
JOBS PROGRAM (PY'94)", "JTPA TITLE III PAN/AM DISLOCATED WORKERS
PROGRAM (PY'94)", JTPA TITLE III/EASTERN AIRLINES DISLOCATED WORKERS
PROGRAM (PY'94)" , "DHRS/RCA (PY'95)", "JTPA TITLE III DISLOCATED WORKERS
PROGRAM (PY'94)", "JTPA TITLE IIB SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (PY'94)" AND "OFFICE OF INTERGOVERNMENTAL LIAISON
(PY'94)", AND APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN
THE RESPECTIVE AMOUNTS OF $30,000, $800,000, $800,000, $100,000, $200,000,
$60,000, $400,000, $685,000 AND $70,000 FROM U.S. DEPARTMENT OF LABOR GRANT
ANN ARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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.
----------------------------------------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2
(ADMINISTRATION), BY AMENDING SECTION 2-409 (SCHEDULE OF
CIVIL PENALTIES) -- INCREASE DOLLAR AMOUNT OF CIVIL PENALTY
FOR VIOLATION OF THEE USE OF STREET / SIDEWALK FOR THE
ADVERTISING / DISPLAY / PLACEMENT OF SIGNS ON STREET AND/OR
SIDEWALK SURFACE.
Mayor Clark: Next item, 34. Motion? Give me a motion on 34.
Mr. Cesar Odio (City Manager): This is the anti -graffiti and illegal signs ordinance.
Commissioner Gort: So move.
Vice Mayor Dawkins: Which item?
Mr.Odio: Thirty-four,
160 June 9, 1994
Mayor Clark: Thirty-four,
Vice Mayor Dawkins: Hmm?
Mr, Odio: Thirty-four, sir.
Vice Mayor Dawkins: Thirty-four?
Commissioner Gort: Yes.
Mayor Clark: It's been seconded. Call the roll - I mean read the ordinance.
Mr. Jones: An ordinance amending Chapter 2 of the Code of the City of Miami, Florida, as
amended, entitled "Administration," by amending Section 2-409 entitled "Schedule of Civil
Penalties," by increasing the dollar amount..."
Vice Mayor Dawkins: This is the same thing we moved this morning and I deferred.
A. Quinn Jones, III, Esq. (City Attorney): No, it isn't.
Vice Mayor Dawkins: This is the same item that I told you that we would hear with item 6, and
I deferred it.
Mr.Odio: Thirty-five.
Mr. Jones: That was 35.
Mayor Clark: You said 35.
Vice Mayor Dawkins: Well, this is 35 you're on.
Ms. Matty Hirai (City Clerk): It's 34.
Mr. Jones: This is 34.
Vice Mayor Dawkins: OK. Go ahead.
Mayor Clark: Call the roll, Madam Clerk.
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION" BY
AMENDING SECTION 2-409 ENTITLED "SCHEDULE OF CIVIL PENALTIES" BY
INCREASING THE DOLLAR AMOUNT OF CIVIL PENALTY FOR THE VIOLATION OF
USING THE STREET OR SIDEWALK FOR ADVERTISING OR DISPLAY PURPOSES
AND PLACING SIGNS ON STREET OR SIDEWALK SURFACE; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
161 .June 9, 1994 -
M]
M2
Was introduced by Commissioner Gort and seconded by Commissioner Plummer and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
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.
Mayor Clark: Thirty-five is withdrawn.
Mr. Odio: It has been withdrawn.
----------------------------------------------------------------------------------------------------------------
42. ALLOW VIRGINIA KEY MARINA PARTNERSHIP, INC. TO CONTINUE
PRESENT USE OF THE AREA GOVERNED BY CONCESSION
AGREEMENT (DATED MAY 19, 1978) WITH MARINE STADIUM
ENTERPRISES, INC., WITH PROVISOS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-six.
Mr. Cesar Odio (City Manager): I'd like to change that. Thirty -five -A, sir.
Mayor Clark: Thirty -five -A?
Mr. Odio: I'd like to offer this, an amendment to this resolution to... so that it would be on a
month -to -month basis, the extensions.
Mayor Clark: Wait a minute. Just a moment. Is this on the...
Mr. Odio: Virginia Key Boatyard, sir.
Mayor Clark: Mr. Manager, are these people up to date on paying the rent?
Mr. Odio: Are they?
Ms. Ana Sardina: Yes, they are.
162 June 9, 1994
Mayor Clark: To date, they don't owe the City anything?
Ms. Sardina: There have been several disputes. The water has been a problem for a long time.
Yesterday, we reached an agreement, and the water's going to be paid. There's a six thousand
dollar outstanding bill that's going to be paid within thirty days. There's also another dispute
over monies from 1987, and there are legitimate disputes, and that's a sum of about twenty
thousand dollars.
Mayor Clark: Do you think it's possible that we could get that money before we extend this
lease? How are you going to lease something, or give a lease, again, that... to hold back more
money? The final analysis, we'll be holding back for the whole thing.
Mr. Odio: All we're saying is, Mr. Mayor, is that we have to be concerned about all the boat
owners that are using those racks. If we just throw them out now, they have to find... There's
two hundred and something boats there that would have to find alternate storage.
Commissioner De Yurre: Mr. Mayor. Mr. Mayor, if I may.
Commissioner Plummer: I want to ask a question.
Commissioner De Yurre: Hello?
Commissioner Plummer: Go ahead, I'm sorry.
Mayor Clark: Yes, Victor.
Commissioner De Yurre: A couple of questions. We are... When are we expected to go to the
voters with this proposal?
Mayor Clark: Probably October.
Mr. Odio: Either September or October.
Mayor Clark: October, I believe, is what they're saying.
Mr. Odio: If they prefer October, October.
Commissioner De Yurre: OK. That is... July... It's about four months away. Once you give the
notice to the current tenant to vacate, how long do they need to vacate?
Mr. Odio: Thirty days.
Commissioner De Yurre: You expect them to vacate in thirty days?
Mr. Odio: Thirty days.
Commissioner De Yurre: Realistically, then, all those boats will be gone in thirty days, and that
thing... and all those stands, those docking stands are going to be gone in thirty days?
Mr. Odio: Well, because you can put them on notice now that come at election time, that's it.
Commissioner De Yurre: Because, you know, the problem is - and it's a legitimate issue that we
need to deal with - the, you know, displacement of these people that have boats there. However,
sooner or later, they're going to be displaced, because while they're building the new facility,
they're going to have to go somewhere anyway. Is that a legitimate statement?
163 June 9, 1994
Mr. Odio: While they are under construction, whatever happens there, yes, we have to...
Commissioner De Yurre: Of course, they have to, eventually, they have to take that down at
some point in time, and when that's taken down, those people are going to be having to go
somewhere else for whatever time it takes to put new ones.
Mayor Clark: That's exactly right. They're going to have to know that.
Commissioner De Yurre: OK?
Commissioner Plummer: No, not necessarily. That's not a true statement. They...
Commissioner De Yurre: Well, where are they going to go?
Commissioner Plummer: Well, they could put them on trailers, they're regular two -wheel
trailers, and put them over in the yard somewhere.
Commissioner De Yurre: J.L., but they're going to be constructing.
Commissioner Plummer: They can still do it, Victor, just like they do at the Outboard Club.
i
Commissioner De Yurre: OK. Well, that's fine. Mr. Mayor...
Mayor Clark: Hold on. Please.
Commissioner De Yurre: Mr. Mayor, that is fine. My point is that I do not feel that a concern of
ours is the boaters, because sooner or later, whatever is going to happen is going to happen. OK?
My suggestion is that we put these people on notice right now that they have to be out of there in
ninety days, and they can start making plans. In ninety days, we're going to have an award,
either somebody is going to get it or not, and then we move on. I don't want... They're already
i suing us. They're suing us already, which I don't like at all, and we should not appreciate that
E kind of effort. They're already suing us to delay the process. I do not like to deal with that. So
i what is to say that they won't sue us again to delay this and to keep staying there? My move
would be right now, notice them that they have ninety days to be out of there, period, and so be
it.
Mayor Clark: You got that, Manager?
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Just a moment here. Let him get Victor's... Did you hear what Victor said?
Mr. Odio: I heard part of it, sir. I'm sorry.
Commissioner De Yurre: That they have to be gone in ninety days. That's it.
Mr. Odio: The most...
Mayor Clark: It's an extension for ninety days, and no more.
Mr. Odio: That's fine.
Commissioner Plummer: Wait, wait, excuse me.
164 June 9, 1994
Mr. Carlos Lacasa: Mr. Mayor, I'd like to be heard, if I could.
Commissioner Plummer: Could L. Do I take precedence? I think I do.
Mr. Lacasa: Absolutely, Commissioner.
Commissioner Plummer: OK. Mr. Mayor, ninety days means June to July, July/August,
August/September. What's going to happen after September? This other one is not going to be
in effect until after the October election.
Mayor Clark: Well, a hundred and twenty days.
Commissioner Plummer: I strongly suggest, sir, you increase it until the new award.
Mayor Clark: A hundred and twenty days.
Commissioner Plummer: Whatever it is, whatever the new award...
Mayor Clark: All right.
Commissioner Plummer: If it's a hundred and twenty days, or a hundred and twelve days, or
whatever it is...
Mayor Clark: Very good. We'll do that. This hear this gentleman.
Commissioner Plummer:... but put them on notice that that is, in fact, the case.
Mayor Clark: All right. Yes, sir. Your name, please.
Mr. Lacasa: Carlos Lacasa, Mr. Mayor. I'd like to address a couple of issues that have been
raised.
Commissioner Plummer: Wait a minute. I've got one other question, if I may. I am unaware,
Mr. Manager, about any lawsuit that has been filed by the present tenant.
Mr. Odio: As of right now, we have not been served.
Mr. Odio: Oh. Mr. De Yurre, could you tell me about the lawsuit that maybe we might be
served on?
Commissioner De Yurre: J.L., I thought you read the Miami Today this morning. You
mentioned it on the record.
Commissioner Plummer: I only read parts that I thought were important.
Mayor Clark: All right. Let's hear it, let's hear it now.
Commissioner Plummer: Could I... No, I mean I would like to know about a lawsuit, because I
think that's very important. People come into court with clean hands.
Mayor Clark: Have you filed a lawsuit?
Mr. Lacasa: I'll tell you all about it, Commissioner.
165 June 9, 1994
RMV
Commissioner Plummer: You don't know about it?
Mr. Lacasa: I'll tell you all about it. I represent the Virginia Key Marina partnership, and before
we get into the lawsuit, and what it's about... And it's rather benign, it's not as... It's not what
you all think. What happened here is, with regard to extending this operation until you have a
successful bidder, until you have somebody coming in and taking over from the current operator,
you can take some of those boats, and as you build new racks, keep... We're willing to work
with the new operator and let them, our racks, stay there. They can use the racks, and as they
build new ones, we can shift boats over. So you don't interrupt what is an ongoing and
profitable business.
Mayor Clark: Sir, one question. How many racks are actually used right now? How many
boats?
Mr. Lacasa: About two hundred and ninety-four.
Mayor Clark: They're all full?
Mr. Lacasa: They're pretty full, yes.
Mayor Clark: Oh, "pretty full."
Mr. Lacasa: They're all full.
Mayor Clark: All full?
Mr. Lacasa: Yes.
Mayor Clark: All right.
Mr. Lacasa: So, you know, we don't have to completely tear down an operating, ongoing
business, which will be... not... It won't be beneficial to the City. We're willing to work with
you. Now, let me talk to you a little bit about the lawsuit. This lawsuit is a result of some
confusion that happened two weeks ago. On May 25th, we had a meeting with Asset
Management, and at that time, Asset Management and the Administration wasn't certain who the
owners of the racks were; whether it was a permanent improvement, according to the lease, in
which case, it would become the property of the City; or whether it was equipment, in which
case, when our lease expired, and we have to leave, we can take our equipment with us. Because
we weren't certain what our rights were in these circumstances, we had to file this suit to
preserve our rights. This lawsuit does not seek money damages, it does not allege any willful or
misconduct of any kind. It is simply a declaratory action to permit an intermediate body, an
impartial body to determine who the owners of the racks are. Now, I have had indications from
the Administration, who has worked diligently on this, and in good faith, and they have told me
that the racks, they determined, belong to us. I'd like to see that in writing, and I'm sure I'm
going to get it, in which case, the lawsuit will become three quarters a nullity.
Mayor Clark: All right. Let's just take care of that.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: Yes.
Commissioner Plummer: That's not what I heard. Gene Hancock told me they belong to us.
166 June 9, 1994
Commissioner De Yurre: Now, what about all this issue dealing with the RFP (Request for
Proposals) itself?
Mr. Lacasa: That is... Like I said, if we get the rack determination done, three quarters of the
lawsuit will be a nullity. But there's still one issue, and that is, because this ambiguity that was
created on May 24th, when that last letter, that last addendum came out, where they deleted
some words, that the racks would have to be negotiated from the current operator. "From the
current operator," those words were deleted. That's what created our doubt as to whether the
City claimed the racks or not. We did not have a position at that time to bid on by the deadline
on Monday, and that's why we filed the suit. What we're looking for now, since we have to
clear this up...
Commissioner De Yurre: Wait. Hold it, hold it, hold it. What does one thing have to do with
the other?
Mr. Lacasa: It has a lot to do with it.
Commissioner De Yurre: Go ahead. I'm listening.
Mr. Lacasa: If we're going to bid, if Virginia Key Marina Partnership is going to be on this
project - and it would like to - it had to have known by Monday who owned the racks, and we
didn't know. Why is it important? Because on March 30th, there was another addendum, which
had a... which amended a portion of the RFP having to do with one million dollars in minimum
capitalization. That amendment, on March 30th, essentially said that the million dollars didn't
include existing improvements on the property. Because on May 24th, we were not sure what
the City regarded as their property or not, we weren't sure if our racks and our equipment would
be taken out of that million dollar minimum capitalization.
Commissioner De Yurre: And do you really expect that those old... that old equipment there
would be part of the new bid that we would allow? Don't you realize all that has to go out, no
matter what?
Mr. Lacasa: Half those racks, half those racks are less than three years old, and they cost
hundreds of thousands of dollars. They're brand new state of the art equipment by Coastal
Marine, which has their exhibit here at the boat show all the time.
Mayor Clark: Sir, the RFP also required that all the new racks would be new.
Mr. Lacasa: No...
Mayor Clark: Yes, it did.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Is that right?
Mr. Jack Luft: That's right.
Mayor Clark: All the racks would be new. Now, you know full well.
Vice Mayor Dawkins: Mr. Mayor.
167 June 9, 1994
Commissioner De Yurre: So you really have no basis for extending this, because you really
should have been prepared, because the racks really are a non -issue when it comes to the bid
process.
Mr. Lacasa: Well, Commissioner, I respectfully disagree.
Commissioner De Yurre: Well.
Commissioner Plummer: May I ask, what are the outstanding debts that you say they owe the
City?
Ms. Sardina: Prior to Virginia Key Marina taking over...
Commissioner Plummer: As of today, what do they owe the City?
Mayor Clark: That's right.
Ms. Sardina: There's a dispute over twenty thousand dollars.
Commissioner Plummer: There's no dispute. What is the dispute? What is it for? Is it for rent?
Is it for water, or what is it for?
Ms. Sardina: Part of it is for rent, from 1987, when their predecessor was operating the marina.
Commissioner Plummer: OK.
Ms. Sardina: There's a legal issue of whether they assumed that debt or not, which I can't speak
to. That's twelve thousand dollars right there. The rest is audit findings that go back several
i
years also that were not resolved, and they are disputing those.
Commissioner Plummer: Now, this that I was handed, this resolution here - I don't know who
prepared it - said that even to extend it for thirty days, those matters have to be rectified; is that
correct?
Ms. Sardina: Definitely, definitely. And we have been working with our lawyer and their
lawyer, trying to work out resolutions.
Commissioner Plummer: OK.
Ms. Sardina: Actually, some of it has been settled already. We settled six thousand dollars.
Commissioner Plummer: Then it's fourteen thousand, and not twenty?
Ms. Sardina: No, no. It was twenty-six thousand. Last night, we settled six, so there's twenty
thousand pending, which we couldn't come to an agreement on, because it's very complex. It's
not something that's going to be easily solved.
Commissioner Plummer: Then tell me what happens, according to this resolution, if you don't
resolve the remaining twenty thousand dollars. It is my understanding they're out in thirty days.
Is that a correct statement?
Ms. Sardina: We have, under a statute of limitations, I was told by our lawyer, we have three
weeks to sue them, if we don't resolve it in three weeks. `
168 June 9, 1994
Commissioner Plummer: Stop talking about suing them. The resolution which I have here calls
for full payment to be extended for thirty days. If they do not make full payment, which you
contend they owe, in thirty days, as I understand this, they're out.
Ms. Sardina: Correct.
Commissioner Plummer: OK. Do they understand that?
Mr. Lacasa: We understand it, but, as the Asset Management Office has indicated, these are
legitimate disputes.
! Commissioner Plummer: OK.
Mr. Lacasa: And they go back to...
Commissioner Plummer: Excuse me.
Mr. Lacasa: ... conduct that occurred prior to us becoming operators.
Mayor Clark: OK. As long as you understand it, that dispute...
Commissioner Plummer: Well, Mr. Mayor, I think it's got to be understood. I'm willing to
make a motion that their contract, under these terms and conditions of the fourteen and ten point
three percent be extended to the day of the takeover of the new awardee, predicated on them
making full restitution in compliance with the City within thirty days. If not, then that's a
different story. We're entitled to our money. Now they...
Mr. Lacasa: Absolutely, Commissioner. But with regard to this twenty thousand that's in
dispute - and they've qualified it as a legitimate dispute - you know, we have our arguments that
are just as valid as theirs, and we're going to resolve it, but we may not be able to resolve it in
thirty days.
Commissioner Plummer: The only difference is we're in the driver's seat right now, and you're
not. Ha -ha-ha.
Mr. Lacasa: I'm not looking to be in the driver's seat. I'm just looking to do what's right and
fair for both sides.
Commissioner Plummer: Well, I'm elected to do what's right for the City.
Vice Mayor Dawkins: If there's no second, Mr. Mayor, I think Mr. Plummer's motion dies, if
there's no second.
Mayor Clark: No, it's under study. I'll second his motion.
Vice Mayor Dawkins: Huh?
Mayor Clark: What is your...
Commissioner Plummer: My motion is that the motion be granted to extend to the day of the
new awardee, predicated on the same conditions existing, with them making full restitution of
the disputed claims within thirty days. That's my motion. I mean...
Mayor Clark: Well, that's not a bad motion.
169 June 9, 1994
Commissioner Plummer. You want it different? Re -word itl
Mayor Clark: For discussion. I'll second the motion.
Vice Mayor Dawkins: OK, under discussion. Mr. Manager or the City Attorney, when this first
began, I think I remember saying that the racks belonged to the present owner.
Commissioner Plummer: Yeah, yeah.
Vice Mayor Dawkins: And the present owner had a right to keep them, loan them out, or
whatever. Is that a correct statement?
Mayor Clark: Not to the present owner, but to the present lessee.
Vice Mayor Dawkins: No, no... Yeah, who... No, the people who are there now...
Mr. Odio. They own them.
Vice Mayor Dawkins: They own them.
Mr. Odio: Yes.
Vice Mayor Dawkins: And they said we had to buy them, and I said we did not need them, and
they could do anything they want with them. Did I not say that?
Mr. Odio- Yes.
Mayor Clark: You did say that.
Vice Mayor Dawkins: OK. So now, where is the grounds to go to court, saying that we refuse
to buy them, or give them the right to them.
Mr. Odio: Let me explain that.
Vice Mayor Dawkins: Please do.
Mr. Odio: There have been two issues with racks. The older racks there belonged to the City at
one point, and we had a doubt whether those were... legitimately had been transferred to the first
owner, prior to them, and I asked that to be researched, and that's one issue on the racks. The
second issue was, since they are fixed to the ground with concrete, whether they were permanent
installations, and if they were, then they belonged to the City of Miami when they left. The Law
Department ruled just a few days ago that they are not permanent, that they are transportable, so
therefore, they don't belong to us.
Ms. Julie Bru (Assistant City Attorney): Trade fixtures.
Commissioner Plummer: Well, but aren't there two different types of racks; one, that when they
took over that were there; and since they've taken over, new racks that have been added since
they were there?
Mr. Odio: Yeah, but the issue was, are they permanent, is it a permanent structure, because
they're fixed with concrete, or are they not permanent?
170 June 9, 1994
16
Commissioner Plummer: The previous owner was Mr. Gene Hancock.
Mr. Odio: We gave him some racks.
Ms. Sardina: All right, let me clarify something.
Commissioner Plummer: Well, Mr. Hancock told me that he, in his discussion, gave those racks
to the City, the old racks.
Ms. Sardina: Commissioner Plummer, the inventory of concession equipment that was attached
to the lease as an exhibit does not indicate that any racks were included with the area.
"ornrnissioner Plummer: If they're not there, it's not there.
]mayor Clark: All right. Fine. Let me ask you a question.
Mr. Lacasa: Yes, Mr. Mayor.
Mayor Clark: That front yard, where you stored all of those boat trailers, what did you do with
all the boat trailers?
Commissioner Plummer: They're still there.
Mr. Lacasa: With the trailers?
Mayor Clark: Yes.
Mr. Lacasa: We moved them out.
Mayor Clark: Well, who did they belong to?
Mr. Lacasa: Some of them, they belong to some of the boat owners, and we notified them, and
some of them have responded, and some have not. We're storing them...
Mayor Clark: Were you charging rent on those trailers?
Pardon me, sir?
Mayor Clark: Were you charging rent on those trailers?
Mr. Lacasa. No.
Mayor Clark: That lot was full of trailers. There must have been a hundred and fifty trailers in
there.
Mr. Lacasa: Yes, that's correct.
Vice Mayor Dawkins: Mr. De Yurre.
Commissioner De Yurre: Mr. Mayor, if I may, let me ask this. What if... And for me to vote on
this motion, it would have to be the drop dead date for them to move out is election day. OK.
That's the extent...
Commissioner Plummer: But by terminology, Victor, was the day that the new awardee takes
over, so that there's no interim gap in there.
171 June 9, 1994
Commissioner De Yurre: There has to be one. There has to be an interim gap, J.L. Physically,
there has to be one. And they need at least thirty days to move the stuff out.
Commissioner Plummer: Well, excuse me. I guess what I'm more concerned about, whether
it's for them or the City, is the boaters who are there presently. And if there's a way to avoid
them having to move out and go look something for thirty days, and a way that we can provide
them with the service of staying there, is what I'm trying to accomplish. Now, I don't know why
they have to move out. You know, I'm sure that when the new owners take over, it's going to be
i a period of time before they design whatever they're going to design, and you're probably going
to have a six-month or a nine -month kind of a... I don't know.
Commissioner De Yurre: The people are going to have to be out of there anyway.
Mayor Clark: Well, that's true. They're going to be out.
Commissioner De Yurre: OK. Now, my point...
Commissioner Plummer: They're going to have to be out of the racks.
Commissioner De Yurre: My next point is - and this is directed to the City Attorney - what
i happens if - because I don't know what those racks are worth - if you have to move them out? I
have no idea if they're going to be worthless. As far as I'm concerned, I don't know. What
happens if they just leave them there, and don't take them out?
Vice Mayor Dawkins: Madam City Attorney.
Ms. Bru: If they leave them there, that's just... They are ours.
Commissioner De Yurre: At what point in time do they become ours?
Ms. Bru: Well, once you set a date by which time they have to be totally out of the property, that
will be the date that they have to remove all of their personal equipment, fixtures, whatever it is
that they consider trade fixtures, including the boat racks, they have to remove them by that date.
If they are not removed by that date, then they belong to the City. They no longer have a
possessory interest in the leasehold or the premises, and therefore...
Commissioner De Yurre: And that's specified in this agreement, so that there's no lawsuit
afterwards, as to things in dispute, so that they know if they don't move it out by "X" date, then
it becomes our property?
I
1 Ms. Bru: You could do that. You could set a date, at which time, they will have to evict the
property, and anything that they leave there will be considered then the property of the City, and
title will pass to the City.
Commissioner De Yurre: But don't they have to sign this agreement with the new percentage?
Ms. Bru: There isn't really anything to sign. Right now, what you're doing is just authorizing
them to continue there under the same terms and agreements of the original concession
agreement, as modified by the prior resolution, with regards to the percentage on the boat racks.
Commissioner De Yurre: OK. Well, don't they have to agree to that in writing, that, yes, they'll
pay the new percentage?
i
I _
- -172 ,June 9, 19.94 -
Ms. Bru: They didn't last time. If... That's probably a more prudent thing to do, to enter into
some sort of acknowledgment, that, yes, we will abide by these terms and conditions, and, yes,
we will evict the property by such a date; otherwise, we will lose all title to whatever property
we leave behind.
Commissioner De Yurre: I would implement that into this motion.
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Manager, you wanted to say something, Mr. Manager?
Mr. Odio: No, no, if they leave the racks behind, we'll use them.
Vice Mayor Dawkins: Any other discussion on this point?
Commissioner Plummer: I guess.
Vice Mayor Dawkins: Hearing none, call the roll, Madam Clerk.
Ms. Bru: I would like a clarification, please, since I have to follow up on this.
Vice Mayor Dawkins: Go right ahead, Madam City Attorney.
Ms. Bru: What is the drop date; the date that the new operator takes over? What do you mean
by that?
Commissioner Plummer: Whenever the award is made by this Commission.
Ms. Bru: What happens if the process, for some reason, doesn't come to fruition, and there is no
new operator?
Mayor Clark: We'll discuss it at that time.
Ms. Bru: OK.
Vice Mayor Dawkins: Hearing no... Any further discussion?
Commissioner Plummer: Well, she... Mr. Mayor, she makes a good point. If there is no new
awardee, they can be thinking that they're just going to stay there infinitum, because they're not
out.
Mayor Clark: Well, we'll rediscover this in a hundred...
Commissioner Plummer: Let me do it this way, all right?
Mayor Clark:... in a hundred and twenty days, yeah.
Commissioner Plummer: Hey, we'll do it by the absolute, drop dead date of December 1, 1994.
Vice Mayor Dawkins: December what?
Ms. Bru: Or unless a new operator takes over sooner.
Commissioner Plummer: Or subsequent, a new operator takes over awardee.
173 June 9, 1994
Commissioner De Yurre: OK. This is subject to them dropping the lawsuit.
Commissioner Plummer: Of course.
Commissioner De Yurre: Immediately.
Commissioner Plummer: Well, within the thirty -day period of when they were to make
restitution.
Commissioner De Yurre: Well, no, no, I'm talking about this one that they have now, they have
to drop it before this goes into effect.
Commissioner Plummer: Well, if I understand correctly, Victor, it's two parcels to the lawsuit.
The one is the determination of who owns the racks. They do or we do. So that's going to be
decided by a court and I...
Commissioner De Yurre: No, it's already been determined.
Mr. Lacasa: It's been decided.
Mr. Odio: That has already been decided.
Commissioner Plummer: OK. So that's out. So we got a quarter of a lawsuit that says
something about the date of filing. Now...
Commissioner De Yurre: And that is frivolous.
Commissioner Plummer: That has to be dropped.
Commissioner De Yurre: That has to be dropped before this goes into effect; if not, they have to
move out immediately.
Mayor Clark: All right.
Vice Mayor Dawkins: Is the motion understood?
Mayor Clark: Yeah, I think so.
Commissioner Plummer: Not really.
Vice Mayor Dawkins: Call the roll.
Mr. Lacasa: Mr. Mayor, before you take the vote, could I say one more thing, please?
Vice Mayor Dawkins: Yes, you may, sir.
Mr. Lacasa: I just want to remind the Commission that before you're too anxious to have us out,
remember that you're deriving a lot of rental income for the City from this operation. So it's
mutually beneficial. OK?
Vice Mayor Dawkins: I wouldn't mind that, sir, if the profit, we share equally, I wouldn't have a
problem with that.
174 June 9, 1994
Mr. Lacasa: Well, I think...
Vice Mayor Dawkins: But I am depriving the City of a little revenue, and I'm depriving you of a
lot of it.
Mr. Lacasa: Actually, I think it's...
Vice Mayor Dawkins: So now if you're talking in terms of sharing, you got me.
Mr. Lacasa: I think the numbers are the other way around, Commissioner.
Vice Mayor Dawkins: No, no, I don't...
Mayor Clark: OK. Cut it.
Vice Mayor Dawkins: Well, OK, that's your opinion. Call the roll, Madam Clerk.
Commissioner Plummer: Well, just for the record, Mr. Mayor...
Vice Mayor Dawkins: Call the roll, Madam Clerk. We're through with this.
Commissioner Plummer: I have the right, please...
Vice Mayor Dawkins: After we vote, you can speak up.
Commissioner Plummer: What about if it changes my right to vote?
Vice Mayor Dawkins: OK. Well, you may do that also. Go ahead, Commissioner Plummer.
Commissioner Plummer: Very simply, for the record, Mr. Vice Mayor, yes, the revenue is
important. But let me tell you, I am also concerned about the boating public. There's 294
families that could be affected by this, and I think they are entitled to consideration, also.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-406
A RESOLUTION DIRECTING THE CITY MANAGER TO ALLOW VIRGINIA KEY
MARINA PARTNERSHIP, INC. (VKM), THE CONTINUED MONTH -TO -MONTH
USE OF THE AREA GOVERNED BY THE CONCESSION AGREEMENT DATED
MAY 19, 1978 BETWEEN THE CITY OF MIAMI AND MARINE STADIUM
ENTERPRISES, INC., AS ASSIGNED, AMENDED AND MODIFIED, FROM JUNE
30, 1994 UNTIL SUCH TIME AS THE UNIFIED DEVELOPMENT PROPOSALS
(UDP) PROCESS IS COMPLETE OR DECEMBER 1, 1994, WHICHEVER OCCURS
EARLIER, PROVIDED THAT NO LATER THAN JULY 9, 1994, VKM COMPLIES
WITH CERTAIN CONDITIONS AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
175 June 9, 1994
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: What's the motion? I'm sorry, Mr. Mayor. I mean, a lot of things have
been said. I'm not sure on the motion.
Vice Mayor Dawkins: Madam Clerk, read the motion back for Commissioner Gort and me.
Ms. Matty Hirai: (City Clerk): That the contract, that it be granted, and that the contract be
extended under the same terms and conditions, except as modified by the prior resolution; and
that the absolute date would be December 1, '94, unless the new awardee takes over sooner.
Commissioner De Yurre: Also that they have to drop their lawsuit.
Ms. Hirai: Yes. Subject to their dropping the presently instituted lawsuit against the City before
this takes effect.
Commissioner De Yurre: And also, that they have to sign an agreement that they give up all
rights to the property they leave there, if they're not gone by that drop dead date.
Vice Mayor Dawkins: Was that the motion, J.L.?
Commissioner Plummer: Yeah, but let me make sure now. That also includes the $20,000 that's
owed to the City. That's got to be rectified also.
Mr. Odio: Well, that's not fair, because there's twelve thousand dollars that they did not... that
it's a legitimate...
Commissioner Plummer: I didn't set how much. I said whatever is owed to the City. If they
don't owe us but twelve thousand, that's the number.
Mr. Odio: OK. OK.
Commissioner Plummer: If it's six thousand, that's the number. It's up to you.
Mayor Clark: Roll call.
Vice Mayor Dawkins: Now wait a minute. You ready, Commissioner?
Commissioner Gort: Now I got it, yes.
176 June 9, 1994
Vice Mayor Dawkins: Call the roll - continue the roll call, Madam Clerk.
COMMENTS MADE AFTER ROLL CALL:
Mr. Lacasa: Thank you, Commissioners, Mr. Mayor.
Mayor Clark: Thank you.
----------------------------------------------------------------------------------------------------------------
43. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO CLOSE
BICENTENNIAL PARK TO THE GENERAL PUBLIC, EXCEPT ON
SCHEDULED EVENT DAYS, FOR A PERIOD OF 120 DAYS, TO ALLOW
FOR THE REPAIR OF THE PARKS INFRASTRUCTURE.
Mayor Clark: Item 36.
Vice Mayor Dawkins: Thirty-six was deferred.
Mr. Cesar Odio (City Manager): This is permission to close the park for a hundred and twenty
days to repair it.
Vice Mayor Dawkins: OK. Go ahead. Go ahead, Mr... This was deferred? Go ahead, go
ahead, Mr. Clark. Go right ahead.
Mr. Ira Katz: Yes, Commissioner. We're asking for a resolution...
Vice Mayor Dawkins: Give your name and address, please.
Mr. Katz: Yeah. Ira Katz, executive director, Bayfront Park Management Trust. We're asking
your permission to close the Bicentennial Park, with the exception of the twelve event days that
we have scheduled, so that we can do the necessary repairs to make the facility feasible and
useable for those events.
Commissioner Plummer: I move it.
Vice Mayor Dawkins: OK.
Commissioner Gort: Second.
Vice Mayor Dawkins: Is there a second?
Commissioner Gort: Yes, second.
Vice Mayor Dawkins: OK. Under discussion, Mr. Manager.
Mr. Odio: On the events, we have received calls from the Navy. They want to bring back those
visiting ships, and if you would authorize us to do emergency repairs to that area, and then
open...
Vice Mayor Dawkins: OK. Wait. Now, when you say you want authorization to bring a ship
in...
177 June 9, 1994
r
Mr. Odio: Visiting ship.
Vice Mayor Dawkins: ... the ship docks at a berth. It does not dock at a runway where you've
got to pour concrete for a road.
Mr. Odio: No.
Vice Mayor Dawkins: OK.
Mr. Odio: No. What we... Yes. What we need is to fix up the...
Commissioner Plummer: The electric.
i Mr. Odio: ... what they tie up to and they... some connections and...
i
Vice Mayor Dawkins: For the berthing.
i
Mr. Odio: Yes.
Commissioner Plummer: The electric...
Vice Mayor Dawkins: That's all we're talking about.
Mr. Odio: Berthing.
Vice Mayor Dawkins: OK. All right. OK. That's right. Go right ahead. Go ahead.
Commissioner Gort: Move it.
Vice Mayor Dawkins: Call the roll.
Commissioner Plummer: I moved it.
Commissioner Gort: Second.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
i
RESOLUTION NO.94-407
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO CLOSE BICENTENNIAL PARK TO THE GENERAL PUBLIC, EXCEPT
ON SCHEDULED EVENT DAYS, FOR A PERIOD OF TIME NOT TO EXCEED
ONE HUNDRED AND TWENTY (120) DAYS TO ALLOW THE REPAIR OF
BICENTENNIAL PARK'S INFRASTRUCTURE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
178 June 9, 1994
f
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
NAYS:
I_A:T.] Q1IA
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
44. ALLOCATE AN ADDITIONAL $30,000 (FROM CITY MANAGER'S
DISCRETIONARY BUDGET) FOR BAYFRONT PARK MANAGEMENT
TRUST TO ENABLE THE TRUST TO HIRE FULLTIME PARK PERSONNEL
TO MONITOR ACTIVITY IN BICENTENNIAL PARK DURING ITS HOURS
OF OPERATION.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Thirty-seven.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Vice Mayor Dawkins: Call the roll. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-408
A RESOLUTION AUTHORIZING AN ALLOCATION OF AN ADDITIONAL $30,000
ANNUALLY FROM THE CITY MANAGER'S DISCRETIONARY BUDGET FOR
THE BAYFRONT PARK MANAGEMENT TRUST TO ENABLE THE TRUST TO
HIRE FULLTIME PARK PERSONNEL TO MONITOR ACTIVITY IN
BICENTENNIAL PARK, DURING HOURS OF OPERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
179 June 9, 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
45. AUTHORIZE EXPENDITURE OF $70,000 FROM CAPITAL
IMPROVEMENT PROGRAM -- FOR INSTALLATION OF SEMI
PERMANENT FENCING FOR THE SOUTH END OF BAYFRONT PARK.
Vice Mayor Dawkins: Thirty-eight.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-409
A RESOLUTION AUTHORIZING AN EXPENDITURE, IN AN AMOUNT NOT TO
EXCEED $70,000, FROM THE CAPITAL IMPROVEMENT PROGRAM FOR SEMI
PERMANENT FENCING FOR THE SOUTH END OF BAYFRONT PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
i
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
i
NAYS: None.
ABSENT: Mayor Stephen P. Clark
180 June 9, 1994
----------------------------------------------------------------------------------------------------------------
46. EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH TEN
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS: (1)
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.; �2)
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC.; 3)
DOWNTOWN MIAMI PARTNERSHIP, INC.; (4) EDGEWATER ECONOMIC
DEVELOPMENT CORPORATION, INC.; (5) GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE, INC.; (6) HUMAN SERVICES,
PIERRE TOUSSAINT; (7) LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC.; (8) MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION, INC.; (9) SMALL BUSINESS
OPPORTUNITY CENTER, INC., AND (10) ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. -- IN ORDER TO IMPLEMENT A
NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM -- ALLOCATE
FUNDS FROM 20TH YEAR CDBG.
Vice Mayor Dawkins: Forty.
Mr. Cesar Odio (City Manager): This is on the CBos (community based organizations).
Excluded from this list is New Washington Heights and the Latin Quarter Association.
Commissioner Plummer: Move it.
Ms. Betina Rodriguez Aguilera: Excuse me.
Mr. Odio: We are recommending to fund an organization in Little Haiti.
Vice Mayor Dawkins: It's been moved. Is there a second?
Commissioner Gort: Second.
Ms. Aguilera: Excuse me. I would like to speak.
Vice Mayor Dawkins: Would you just wait? You're out of order. OK? Thank you. Is there a
second?
Commissioner Gort: I did second it.
Vice Mayor Dawkins: OK. Now, under discussion. Go ahead, madam.
Ms. Aguilera: I am repre... My name is Betina Rodriguez Aguilera, and I'm representing the
New Woman Entrepreneur Center.
Commissioner Plummer: The what? I'm sorry?
Ms. Aguilera: New Woman Entrepreneur Center.
Mr. Odio: Are you a CBO, ma'am?
Ms. Aguilera: Yes.
181 June 9, 1994
Commissioner Plummer: This is for CBOs.
Mr. Odio: You are not a CBO.
Commissioner Plummer: You're not a CBO.
Mr. Odio: You're not... This is not your item.
Commissioner Plummer: Community based organizations are ten in number of blighted areas.
You are not one of them, ma'am.
Ms. Aguilera: OK. Well, I was told that my item was item 40, so.
Commissioner Plummer: Well, somebody told you wrong.
Vice Mayor Dawkins: OK. Further under discussion. Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Does this include Tri-City?
Mr. Frank Castaneda: Tri-City is a separate item.
Vice Mayor Dawkins: Go right ahead, sir. Thank you. Mr. Manager, through you to Mr.
Castaneda.
Mr. Odio: Tri-City is not included here, is it?
Ms. Castaneda: Tri-City is a separate item. We'll be bringing that on June the 30th,
Commissioner.
Vice Mayor Dawkins: Bring it up when?
Mr. Castaneda: June the 30th.
Vice Mayor Dawkins: June the 30th.
Mr. Castaneda: That's correct, the next Commission meeting.
Vice Mayor Dawkins: Bringing it up for what? To fund them or...
Mr. Castaneda: To fund them for twenty-five thousand dollars.
Vice Mayor Dawkins: OK. Thank you. That's... Any other?
Commissioner Plummer: Question.
Vice Mayor Dawkins: Yes, sir, Mr. Manager.
Commissioner Plummer: Frank.
Mr. Castaneda: Yes, sir. Yes, Commissioner.
182 June 9, 1994
Commissioner Plummer: I'm assuming where you've made this on the agenda that each and
every one of these that are going to be executed agreements are in full, F-U-L-L, compliance
with all the rules and regulations.
Mr. Castaneda: Definitely, Commissioner.
Commissioner Plummer: And you recommend all that are on the agenda.
Mr. Castaneda: All of them are recommended.
Commissioner Plummer: That they have done a good job, and you expect them to continue.
Mr. Castaneda: Yes, sir.
Commissioner Plummer: Thank you.
Mr. Castaneda: And we've given bonuses to those who have done above.
Commissioner Plummer: Thank you, sir. May I ask what happened to the two grants of money
of the ones that you're not recommending?
Mr. Castaneda: Well, in the=•case of New Washington Heights, we are recommending the
funding of Saint John Community Development Corporation.
Commissioner Plummer: And the other one?
Mr. Castaneda: And the other one, we have not made a recommendation in that particular area,
but remember you already have two hispanic... two agencies in Little Havana. You have the
Small Business Opportunity Center, and you have Little Havana Development Authority. So I
don't believe that there's a direct necessity to have that. Now, in Little Haiti, however, we need
the Pierre Toussaint Haitian Catholic Center to provide economic development services in the
Little Haiti area.
Commissioner Plummer: Where did I hear that there was possibly a proposal that the Little
Havana... What was the one that was... We denied. The Latin Quarter, did that...
Mr. Odio: It's not included.
Commissioner Plummer: Excuse me. I understand that. Frank, the Latin Quarter money, why
did I hear that that money was going to be turned over to CAMACOL to do the work that Latin
Quarter was not doing?
Mr. Odio: We have not done that.
Mr. Castaneda: No.
Mr. Odio: We have not recommended that.
Commissioner Plummer: Is that under consideration?
Mr. Castaneda: No.
Mr. Odio: No, sir.
183 June 9, 1994
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Commissioner Plummer: We shouldn't even think about that?
Commissioner Gort: That's not my understanding.
Commissioner Plummer: OK. I was just asking.
Vice Mayor Dawkins: You want to discuss this item, sir?
Mr. Robert Godoy: On that item 42.
Vice Mayor Dawkins: Twenty-two?
Mr. Godoy: Forty-two.
Mr. Odio: We are in number 40.
Vice Mayor Dawkins: We're on 40, sir. OK? Any further discussion on 40? Hearing none, call
the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-410
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH TEN (10) NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS FOR THE PURPOSE OF
IMPLEMENTING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM;
ALLOCATING FUNDS THEREFOR FROM THE TWENTIETH (20TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FOR AMOUNTS 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
184 June 9, 1994
----------------------------------------------------------------------------------------------------------------
47. EXECUTE AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT INC.
(MCDI) IN ORDER TO MAINTAIN MDCI'S REVOLVING LOAN FUND
PROGRAM AND ADMINISTRATIVE PROCEDURES -- ALLOCATE FUNDS
FROM 20TH YEAR CDBG.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Forty-one.
Commissioner Plummer: Move 41. I move it.
Vice Mayor Dawkins: Seconded by Commissioner De Yurre. Any other discussion? Hearing
none, call the roll.
Mr. Frank Castaneda: Commissioner.
Vice Mayor Dawkins: Yes, sir. Go right ahead, Mr. Castaneda.
Mr. Castaneda: I understand that there's a problem with the contract, that the City Attorney
wants that a contract be approved, pending his review, or something to that...
Mr. Jones: Yeah, instead of... Apparently, the contract that you have in your package does not
correlate to what you're attempting to do here. So the resolution would be amended. Instead
of...
Commissioner Plummer: Subject to.
Mr. Jones: Subject to... in a form acceptable to the City Attorney.
Vice Mayor Dawkins: So moved and seconded, accept that.
Commissioner Plummer: That's fine.
Vice Mayor Dawkins: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-411
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MDCI), FOR
THE PERIOD OF JULY 1, 1994 THROUGH JUNE 30, 1995, FOR THE PURPOSE OF
MAINTAINING MDCI'S REVOLVING LOAN FUND PROGRAM AND
ADMINISTRATIVE PROCEDURES; ALLOCATING FUNDS THEREFOR FROM
THE TWENTIETH (20TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, IN THE AMOUNT OF $200,000, FOR THE EXISTING REVOLVING LOAN
FUND PROGRAM, AND $250,000 FOR THE ADMINISTRATION OF THE
REVOLVING LOAN PROGRAM.
185 June 9, 1994
° '1
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
48. EXECUTE AGREEMENT WITH THE BAKEHOUSE ARTS COMPLEX, INC.
(BAC) -- PROVIDE FOR A $40,000 GRANT, TO BE SECURED BY A
MORTGAGE, FOR RENOVATIONS / PURCHASE OF PARTS FOR
M EXISTING ELEVATOR AT BAC -- ALLOCATE FUNDS FROM 20TH YEAR
CDBG.
Commissioner Plummer: Forty -one -A. With the Commission's permission, I would like to
change it from a loan to a grant. The Bakehouse has done an excellent job, and everybody else
has been a winner. Why shouldn't they be one time?
Vice Mayor Dawkins: Is there a second, as a grant and not a loan?
Commissioner Gort: I'll second that one.
Vice Mayor Dawkins: Seconded. Any other discussion? Hearing none, call the roll, Madam
Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-412
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI AND THE BAKEHOUSE ARTS COMPLEX, INC., (BAC),
PROVIDING FOR A GRANT, IN THE AMOUNT OF $40,000, FOR RENOVATIONS
AND PURCHASE OF PARTS FOR THE EXISTING ELEVATOR AT THE BAC;
ALLOCATING FUNDS THEREFOR FROM THE TWENTIETH (20TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
186 June 9, 1994
W
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
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
49. AUTHORIZE EXECUTION OF THE CONFIRMATIONS OF
SUBORDINATION OF MORTGAGE, THEREBY SUBORDINATING TO
THE EXISTING FIRST MORTGAGE EXTENSION FROM FIRST UNION
NATIONAL BANK OF MIAMI, THE THIRD AND FOURTH MORTGAGES
HELD BY THE CITY SECURING A $204,000 INDEBTEDNESS ON THE
REAL PROPERTY OWNED BY THE BAKEHOUSE ART COMPLEX.
Vice Mayor Dawkins: OK. Now, 41-B would have to be...
Commissioner Plummer: Bakehouse. Forty-one-B, I move it.
Vice Mayor Dawkins: Is there a second to 41-13?
Commissioner Plummer: Same, it's a companion. Hello?
Vice Mayor Dawkins: OK. All right. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-413
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONFIRMATIONS OF SUBORDINATION OF MORTGAGE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, THEREBY SUBORDINATING TO THE
EXTENSION TO THE EXISTING FIRST MORTGAGE FROM FIRST UNION
NATIONAL BANK OF MIAMI, THE THIRD AND FOURTH MORTGAGES HELD
BY THE CITY OF MIAMI WHICH SECURE AN INDEBTEDNESS OF A TOTAL OF
$204,000 ON THE REAL PROPERTY OWNED BY THE BAKEHOUSE ART
COMPLEX.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
187 June 9, 1994
W
59
Upon being seconded by Commissioner Gott, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Dawkins: Forty-two.
Mr. Odio: I'm sorry, let me... For the record...
Vice Mayor Dawkins: Go right ahead, Mr. Manager.
Mr. Odio: We do not need 41-13. I believe we granted outright 41-A. Am I wrong on that?
Mr. Castaneda: Yes. This is in reference to the...
Mr. Odio: In reference to something else?
Mr. Castaneda: Yes.
Mr. Odio: OK.
Commissioner Plummer: If you don't need it, don't use it.
Mr. Odio: No, no. I just wanted to make sure that it's not...
A. Quinn Jones, III, Esq. (City Attorney): They're two separate things.
Mr. Odio: OK, fine.
Commissioner Plummer: If you don't use it, you lose it.
Vice Mayor Dawkins: OK. Did you call the roll on that, Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, I did.
188 June 9, 1994
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----------------------------------------------------------------------------------------------------------------
50. EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH TEN
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS: (1 ALLAPATTAH BUSINESS DEVELOPMENT; (2)
CODEC, INC.; (3) EDGEWATER ECONOMIC DEVELOPMENT
CORPORATION; (4) EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION; (5) GREATER MIAMI
NEIGHBORHOODS, INC.; (6) LITTLE HAITI HOUSING ASSOCIATION; (7)
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; (8) FLORIDA
HOUSING COOPERATIVE, INC.; (9) TACOLCY ECONOMIC
DEVELOPMENT CORPORATION, AND (10) RAFAEL HERNANDEZ
HOUSING AND ECONOMIC DEVELOPMENT CORPORATION -- IN
ORDER TO PROMOTE DEVELOPMENT OF HOUSING AFFORDABLE TO
LOW AND MODERATE INCOME FAMILIES / INDIVIDUALS --
ALLOCATE FUNDS FROM 20TH YEAR CDBG.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: OK. Forty-two.
Commissioner Plummer: Well, I'll move it.
Mr. Cesar Odio (City Manager): These are the individual contracts with ten neighborhood based
housing organizations.
Commissioner Plummer: Well, there's people here to speak on it.
Vice Mayor Dawkins: And this is... All this is doing, Mr. Manager, is taking the money that we
approved...
Mr. Odio: That you already approved and...
Vice Mayor Dawkins: ... and distributing it.
Mr. Odio: Yes, sir, exactly what you have approved.
Vice Mayor Dawkins: All right. Is there a second?
Commissioner Plummer: I moved it.
Vice Mayor Dawkins: All right, under discussion. Go right ahead, sir.
Mr. Roberto Godoy: Yes, sir. In the proposed resolution included in the above item of the
agenda under the subject, "Execution of Agreement," Model Housing Cooperative is not
recommended for the forty-two thousand dollars requested. To me, it is a great surprise, because
we have already closed the contract for six units at 1262 Northwest 5th Street, and we have
already signed the contract to buy the property for six units at 1127 Northwest 1st Place, and 52
units at 2046 West Flagler Street with funds from Dade County Andrew Program, and also, at
our request, Florida Housing Finance Agency is opening a program of one million dollars for
cooperative housing. Under item 6 of the agenda, five hundred thousand dollars was proposed to
be allocated to nine community development corporations, and when, at the meeting held in
April 14th, it was promised to increase this amount. In the proposed resolution number 42,
189 June 9, 1994
while it is proposed to increase the amount to six hundred and ninety thousand dollars, Model
Housing Cooperative is not included. However, there are included a number of corporations that
have promised over the next two years, will coordinate the development of a number of housing
projects. But several of them have done nothing for the past three years. It is very important
that we obtain the forty-two thousand dollars requested from CDBG (Community Development
Block Grant) 1994 for expenses. The members of the Congress of the United States, as well as
of the Florida Congress, and the Secretary of Housing know our work to help solve the City of
Miami problem, as far as housing and crime are concerned. We must have the approval of our
request to be included in this program to continue working. Just a while ago, it was at the
request of Commissioner Dawkins, it was requested that two million be used for many, many
places in Overtown, in which nothing is built. I want to say how hard I am working on that. I
just received today from the RTC a proposal for donations of three properties at 1621 4th Street
Northwest, 157 Northwest 4th Street, and 2445 Northwest. I have the package here. I am going
to fill it. I am going to get those lands that are donated to us, because we are a nonprofit, tax-
exempt organization. But we must have the help to be able to prepare all those papers, and I
don't see how, if we're working in hundreds, and all the people are trying to help us, and we get
help of the Dade County, we are not getting this help from the City of Miami. That looks almost
impossible to believe it. Right now in this moment, through the RTC, we are also working in
over 200 units that can be bought for a very reasonable amount of money. Therefore, I sincerely
request that we be included in, with that small amount of forty-two thousand dollars for
expenses, when we are having the help and the promised help of millions of dollars, to be able to
make two or three thousand people owners. Because the big problem here in the Miami City is
that in the last fourteen years, rental has been increased, so that low-income people or a very
high percent... It's not Godoy who says that. It's the Federal Government, and the Federal
Government also say that to these low-income people, only fifteen percent, at the most, has been
increased in the salary. What happens when those will have another eight percent increase?
They will be thrown to the street. They will be the homeless. And also, what about the crime
that the City is asking? When those young fellows see that the father and mother are going to be
thrown on the street, they go out on the street and look for the money legally or illegally. Why,
if we have the unique solution to help those low-income people, we are not going to get the help
of the City of Miami, for only forty-two thousand dollars? Thank you.
Vice Mayor Dawkins: OK. Did you make this argument to the Administration?
Mr. Godoy: I have done that.
Vice Mayor Dawkins: All right. And the Administration denied the request. We are only...
Mr. Godoy: Did not included it.
Vice Mayor Dawkins: No, no. Now, wait, now. I listened to you. Please, now, give me the
respect of listening to me, please.
Mr. Godoy: Yes.
Vice Mayor Dawkins: OK?
Mr. Godoy: Excuse me.
Vice Mayor Dawkins: Now, you made the same speech to the Administration. OK?
Mr. Godoy: Yes, sir.
Vice Mayor Dawkins: The Administration came to this Commission with a recommendation not
to fund you.
190 June 9, 1994
Wal
Mr. Godoy: Yes, sir.
Vice Mayor Dawkins: Now, we follow, usually - sometimes we don't - most of the times, we
follow the recommendations of the Administration. Now, the Administration recommended no
funding for you. OK?
Mr. Godoy: Yes, sir.
Vice Mayor Dawkins: Now, those who have just arrived here may not understand it, but I've
heard this speech from you for eleven years. For eleven years, you've been here before this City
j Commission telling me that your organization is going to create housing, you're getting money
from the Federal Government, you've gotten money from the State of Florida, you've gotten
money from Dade County, and you've gotten money from the City. And each time you come,
now, you come telling me that you need help because you're going to do this. I mean, this...
Perhaps that's why the Administration... I don't know.
Mr. Godoy: I want to clear up. Model Housing Cooperative has been registered for the last
three years. I don't have anything to do with Florida Housing Cooperative. At that time that I
belonged to that Florida Housing Cooperative, I helped, and I did many, many things.
Vice Mayor Dawkins: OK. Just a minute, sir, because we've got some other things. Mr.
Manager, what's your recommendation, sir?
Mr. Odio: That we continue on and accept the proposal that you have in front of you, and the
resolution on item 42. They were not recommended by the Community Development Housing...
Vice Mayor Dawkins: And your recommendation has been moved and seconded. Any further
discussion? Hearing none, call the roll, Madam Clerk.
191 June 9, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-414
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH TEN (10) NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS
(ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, CODEC, INC.,
EDGEWATER ECONOMIC DEVELOPMENT CORPORATION, EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT CORPORATION, GREATER MIAMI
NEIGHBORHOODS, INC., LITTLE HAITI HOUSING ASSOCIATION, ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, FLORIDA HOUSING
COOPERATIVE, INC., TACOLCY ECONOMIC DEVELOPMENT CORPORATION,
AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT
CORPORATION), FOR THE PURPOSE OF UNDERTAKING ACTIVITIES TO
PROMOTE THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER ALLOCATING
FUNDING FROM TWENTIETH (20TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS AS STATED IN SECTION 3 OF THIS
RESOLUTION FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE
FUNDING SUPPORT AND/OR TO FUND PROJECT DEVELOPMENT RELATED
ACTIVITIES TO THE AFOREMENTIONED COMMUNITY DEVELOPMENT
CORPORATIONS.
(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.
51. (Continued) FURTHER CLARIFYING COMMENTS CONCERNING CITY
COMMISSION DIRECTIVE TO ADVERTISE PUBLIC HEARING IN
CONNECTION WITH COUNSEL'S REQUEST FOR PAYMENT OF FEES IN
CONNECTION WITH DEFENSE OF FORMER POLICE OFFICER WILLIAM
LOZANO. (See labels 15 & 17-13)
Vice Mayor Dawkins: Mayor Clark, before we go any further, I don't know why it's important
to the Miami Herald reporters, but I need to make something clear here, and this Commission
needs to make something clear. This morning, in order to expedite time and et cetera, a
192 June 9, 1994
1 I10 k,
suggestion, or whatever you had, was made that Miller Dawkins meet with a delegation to
discuss a solution to the problem.
Mayor Clark: Right.
Vice Mayor Dawkins: Now, in the discussion of the solution, it is to be brought back to this
Commission to be voted on.
Mayor Clark: Right, sir.
Vice Mayor Dawkins: That's all.
Commissioner Plummer: Yes, sir. Understood. Well, excuse me.
Mayor Clark: Item 43.
Commissioner Plummer: Commissioner Dawkins, that was you, the other party, the City
Attorney, as I recall FOP (Fraternal Order of Police).
Vice Mayor Dawkins: Yes.
Commissioner Plummer: That was the parties involved to sit with you and discuss the issue.
Vice Mayor Dawkins: And bring back to this body to vote on.
Commissioner Plummer: And bring it back here. Whatever you recommended had to be voted
on here again.
Vice Mayor Dawkins: That's right, in the public hearing. I mean, the public will be here to hear
it. That's all.
Mayor Clark: That's right.
Vice Mayor Dawkins: That's all.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
193 June 9, 1994
la
----------------------------------------------------------------------------------------------------------------
52. DIRECT CITY ATTORNEY TO DRAFT PROPOSED CHARTER
AMENDMENT(S) FOR A SPECIAL ELECTION TO BE HELD NOVEMBER
8, 1994, PROPOSING MODIFICATIONS TO THE EXISTING PROCESS OF:
(1) IMPLEMENTING UNIFIED DEVELOPMENT PROJECTS (UDP); (2)
HANDLING PROTESTS FILED BY AGGRIEVED PARTIES IN REGARD TO
SAID PROJECTS; AND (3) REGARDING CONTEMPLATION OF SALES OR
LEASES OF CITY -OWNED PROPERTY.
Mayor Clark: Forty-three.
Mr. Herb Bailey: Mr. Mayor and members of the Commission, item 43 is a resolution asking for
permission to bring back to this Commission in July, the first meeting in July, some
recommendations in modifying the City Charter, specifically item 29-A, as it relates to UDP
(Unified Development Project). On several occasions, we have been requested, the
Administration has been requested by this Commission to come up with some recommendations
which we think would streamline our process in land disposition, and with dealing with, and
negotiating contracts with successful bidders. We have included some suggestions that we think
would modify and make the operation that we have under UDP a little more efficient. We would
like to complete that preparation and bring it back on July the 14th, and if this Commission
decides that is appropriate, then we would like to have it included on the November ballot.
Commissioner Plummer: Mr. Mayor, I'll move it to let them prepare it, and bring it back, and let
us look at it and make that the decision at the time they bring it back. I'll move it.
Mayor Clark: Second?
Vice Mayor Dawkins: Second.
Mayor Clark: No objection. Cast a unanimous ballot. Thank you, Mr. Bailey.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-415
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE
AMENDMENT(S) TO THE CITY CHARTER FOR A SPECIAL ELECTION TO BE
HELD ON NOVEMBER 8, 1994, THEREBY PROPOSING MODIFICATIONS TO
THE EXISTING PROCESS OF: (1) IMPLEMENTING UNIFIED DEVELOPMENT
PROJECTS; (2) HANDLING PROTESTS FILED BY AGGRIEVED PARTIES IN
REGARD TO SAID PROJECTS; AND (3) REGARDING THE CONTEMPLATION
OF SALES OR LEASES OF CITY -OWNED PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
194 June 9, 1994
a
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.
----------------------------------------------------------------------------------------------------------------
53. RATIFY EMERGENCY ACTION OF CITY MANAGER IN THE PURCHASE
OF A TURNKEY FIRE STATION ALERTING SYSTEM (ON A LEASE /
PURCHASE BASIS) FROM MOTOROLA COMMUNICATIONS
ELECTRONIC, INC. -- FOR FIRE -RESCUE DEPARTMENT -- AUTHORIZE
I EXECUTION OF AGREEMENT.
Mayor Clark: Forty-four.
Commissioner Plummer: Move it.
Mayor Clark: With no exception, cast a unanimous ballot.
Commissioner Plummer: I'm only moving that, Mr. Mayor, because I am told that Mr.
Dawkins' questions were resolved in this matter.
Mayor Clark: Yes, sir.
195 June 9, 1994
IR
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-416
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
EMERGENCY ACTION OF THE CITY MANAGER IN THE PURCHASE OF A
TURNKEY FIRE STATION ALERTING SYSTEM, FOR THE FIRE -RESCUE
DEPARTMENT, ON A LEASED PURCHASE BASIS, FROM MOTOROLA
COMMUNICATIONS ELECTRONIC, INC. (MOTOROLA C & E), FOR A FIVE
YEAR PERIOD, AT AN ANNUAL COST OF $54,447.58, FOR A TOTAL PROPOSED
AMOUNT OF $272,237.90; ALLOCATING FUNDS THEREFOR FROM FIRE -
RESCUE FY'94 ACCOUNT CODE NO. 280401-880 AND DADE COUNTY EMS
GRANT AWARD INDEX NO. 280-528-840; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID ACQUISITION; AND DIRECTING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
54. PROTEST BY D.M. CONSTRUCTION OF SOUTH FLORIDA, INC. IN
CONNECTION WITH BID NO. 93-94-080, LOCAL DRAINAGE PROJECT E-
70.
Mayor Clark: Item 45.
Ms. Judy Carter: Sir.
Mayor Clark: Yes. Please, yes, ma'am.
Ms. Carter: If I may begin.
Vice Mayor Dawkins: Yes, ma'am.
Ms. Carter: I'm Judy Carter, GSA (General Services Administration) procurement management,
i chief procurement officer. We received a protest from D.M. Construction. This protest is in
196 June 9, 1994
connection with a Public Works bid that has to do with local drainage. D.M. Construction is a
general contractor. They obtained their certificate of competency from the State of Florida. At
the time of bid opening, they did not have an occupational license to do business as a building
contractor or an engineering contractor. They are, however, the apparent low bidder. D.M. filed
a protest essentially saying this: "That we believe that we should be awarded the bid because
although we are general contractors, that we do, in fact, have the proper license to perform what
essentially is" - and no question, there is no contention, there is no disagreement - "to perform
engineering work." As a result of this, they appealed to me, indicating that, "We, in fact, should
be awarded this bid." This office contacted the State of Florida Construction Trades Board.
This office contacted the County's Trade Board. Based upon our questioning of the staff, as well
as a thorough review of the law, we have determined that, in fact, this particular firm, which is a
general contractor, does not have the proper license to perform engineering work. They cite as
the basis of their protest a particular law, and I would like to just cite that for your information.
They believe that their basis for saying that they can do it is because of this provision in 10-2-A
of the law of Dade County Code that: "A general contractor may do contracts for and take out
permits for the work of a general engineering contractor, room air conditioning contractor,
installation, awning, and any specialty building contract as defined herein." Essentially, they are
saying that because that provision says that a general contractor "may" do general engineering
contractor's work, that, in fact, they should be awarded the bid. However, I take issue and
disagree with that, based upon my findings of what was in the law, as well as what we have been
able to obtain from the State and the County. And I base my determination on the following.
10-3, which also is found in the Dade County law, provides for the requirements of a certificate
of competency to do contracting work in this County, and essentially says that anyone who
wants to contract to do business in this City must obtain their certificate of competency from one
of three sources: One, either the Florida State Construction Industry Licensing Board; the
Florida Electrical Contractors Licensing Board; or the County's Construction Trades Qualifying
Board. This particular firm obtained their certificate of competency from the State, and not from
the County. The provision also says, in 10-3, that provided, however - and this is important -
that for those projects specified in Section 489.103 of the Florida Statutes, which, for your
information, governs public construction contracting for the State, a contractor must be County -
certified. Now, what does 489.103 say? It says that for any construction or contractor's work on
bridges, roads, streets, or highways. And in that instance, it is for this reason that I determined
that because we are dealing with a local drainage project that requires work on roads and streets,
that, in fact, you must be County -certified. They are not County -certified. They are State
certified. Further, there is a justifiable reason why that provision is in the State law. That is
because engineering contracting is not governed by the State of Florida. It's governed by the
County. So therefore, the only engineering contractor that can do work in this City is one that is
County -certified. It is based upon those reasons that I believe that, in fact, they do not have the
proper license to perform the work. They are not County -certified. They are State -certified
general contractors.
Commissioner Plummer: May I ask a question, Mr. Mayor?
Mayor Clark: Surely.
Commissioner Plummer: What is the total cost of the project as projected by Public Works?
Mr. Jim Kay: The contract is four hundred and... approximately four hundred and thirty
thousand dollars.
Commissioner Plummer: And what were these people's bid?
Mr. Kay: Excuse me just a minute. Let me get my...
197 June 9, 1994
Commissioner Plummer: The amount.
Mr. Kay: OK. Their bid was four hundred and twenty-nine thousand and sixty-six dollars.
Commissioner Plummer: And what was the amount of the bid which you're saying that you
wanted to recommend?
Mr. Kay: The bid we're recommending is four hundred and thirty thousand, six hundred and
twenty-six.
Commissioner Plummer: And what is the difference there?
Mr. Kay: The difference is about sixteen hundred dollars, out of a four hundred and thirty
thousand dollar bid.
Commissioner Plummer: Thank you, sir.
Mayor Clark: All right. You may speak now.
Mr. Ronald Gilbert: Yes. My name is Ronald Gilbert. I'm an attorney representing D.M.
Construction. I would ask the Commissioners look at a bid that Dade County, which obviously
knows its law is involved the same type of work that is governed by their code and governed by
the State law, and they say that you don't have to have an engineering contractor's license if you
have a general building contractor's license, and you can do the same type of work. My client
feels that they complied with all the provisions of the bid. There was no specification of the bid
that they had to be a general contractor, engineering contractor. The code sections specifically
allow them to contract for it and do the work. Mr. Fiser is here, one of the principals in the
company, and he wishes to say something.
Mr. Al Fiser: This is the contract specifications and the contract document. It specifically refers
to Chapter 10 of the Metropolitan Dade County, which says, verbatim, "A general contractor
may do, contract for and pull permits for an engineering contractor." That's just as plain as day.
It specifically, verbatim, says that.
Commissioner Plummer: So what do you have to say?
Mr. Kay: Mr. Mayor and members of the Commission, what he is saying is "may" - that is a key
word in there - he "may" do work. All of this work is exclusively within the public right-of-way.
Metropolitan Dade County, we have phoned them and talked to them on the phone. They will
not issue a permit to a GC, general contractor; only to an engineering contractor, when the work
is of this nature, which is construction of curbing, gutters, pavement, drainage facilities, catch
basin, et cetera. I would like to just read for you... He picked up the contract documents here. I
have the same copy, and I'd like to read to you from the advertisement for bids. "Prospective
bidders will be required to submit with their bid a copy of the appropriate certificate of
competency as issued by Dade County, which authorizes the bidder to perform the work." D.M.
does not have a certificate of competency issued by Dade County.
Commissioner Plummer: Well, then, how could he even... If he did not meet the bid
requirements, how is he... He's not a qualified bidder.
Ms. Carter: That is true. And we're recommending...
Mr. Cesar Odio (City Manager): That's exactly what we're saying.
198 June 9, 1994
Ms. Carter: That's exactly what we're saying, sir.
Commissioner Plummer: I move to uphold the decision of the chief procurement officer, based
on the fact that they did not meet the requirements. It doesn't mean that they're not right in what
they're saying, but they didn't meet the requirements of the specs.
Vice Mayor Dawkins: Second.
Mayor Clark: All right. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-417
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF D.M. CONSTRUCTION OF SOUTH
FLORIDA, INC. IN CONNECTION WITH BID NO. 93-94-080, LOCAL DRAINAGE
PROJECT E-70, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on file in the Office of the City
j Clerk.)
i Upon being seconded by Commissioner 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: That's it, fellows.
----------------------------------------------------------------------------------------------------------------
55. ENTER INTO EXPERIMENTAL SHORT TERM CONTRACT WITH
KIMMINS RECYCLING CORPORATION -- FOR TRANSPORTATION OF
YARD WASTE AND NON-PUTRESCIBLE WASTE TO THE KIMMINS
RECYCLING FACILITY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Plummer: Move it. I'm assuming that this is beneficial to the City.
Mr. Ron Williams: It absolutely is, Commissioner Plummer. I would like to advise the
Commission that since the time that we presented this to you for the printed agenda, there is a
j problem with Metropolitan Dade County and the license of this company. We would like for
you to give the City Manager authority to proceed, and if this license issue is not cleared up, we
certainly will not use this company.
199 June 9, 1994
W
la
Commissioner Plummer: Well, of course, if there's no license, we're not going to use an
unlicensed place.
Mayor Clark: Moved by Mr. Plummer. Seconded by Mr. Dawkins.
Commissioner Plummer: Well, you know, it's one more of that spirit of cooperation from the
County, one way.
Mayor Clark: If there's no discussion, we will cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-418
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXPERIMENTAL SHORT TERM CONTRACT, ENDING SEPTEMBER 30, 1994,
WITH KIMMINS RECYCLING CORPORATION ("KIMMINS") FOR THE
DISPOSAL OF YARD AND NON-PUTRESCIBLE WASTE AT THE KIMMINS
RECYCLING FACILITY, SAID DISPOSAL TO REPRESENT A POTENTIAL
ESTIMATED SAVINGS OF $669,368.00 TO THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
56. AUTHORIZE PURCHASE OF OFFICE FURNITURE (UNDER EXISTING
DADE COUNTY BID NO. 1072-1/95) FROM CAMILO OFFICE FURNITURE
AT A TOTAL COST OF $200,000 FOR THE 62 STREET POLICE
SUBSTATION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Forty-seven.
Vice Mayor Dawkins: I move it.
Mayor Clark: Moved by Mr. Dawkins. Second?
Vice Mayor Dawkins: OK. Under second...
200 June 9, 1994
0
Mayor Clark: Hey, listen. Don't forget to get me a new chair, will you?
Lt. Joe Longueira: No problem.
Vice Mayor Dawkins: OK.
Commissioner Plummer: And I get two.
Lt. Longueira: No problem.
Vice Mayor Dawkins: I need to know what object code is 903. Materials and supplies, right?
Mr. Cesar Odio (City Manager): 903?
Vice Mayor Dawkins: Yeah. Here it is. I got it right here, Mr. Manager. OK? All right.
You're taking twenty thousand. 906, you're taking a hundred and eighteen. 906 is "other."
Now, what is "other"?
Commissioner Plummer: That's called a Ross slush fund.
Vice Mayor Dawkins: OK.
Lt. Longueira: 903, 906 and 907.
Vice Mayor Dawkins: OK. The Mayor's chair will come out of that one. I'd like to move this
for two hundred thousand dollars, and then whatever you don't use, you bring it back. If you can
find this, we can find two hundred thousand dollars. And whatever...
Mr. Odio: Sir.
Vice Mayor Dawkins: Yes, sir, Mr. Manager.
Mr. Odio: If I may, I just did the police budget last week. I believe we added another line item
for furniture. I don't want them to think that they're getting this plus that.
Commissioner Plummer: Oh, they will.
Mr. Odio: So I'll reduce the other amount.
Vice Mayor Dawkins: All I'm saying is...
Mr. Odio: Oh, yeah.
Vice Mayor Dawkins: All I'm saying is... Wait, now, I want... Let's be sure everybody hears
me. Joe, you hear me. OK? For five years, J.L. Plummer and I have been begging you to make
62nd Street station comfortable. OK? Nobody heard us. Now, all of a sudden, you're going to
spend a hundred and thirteen thousand dollars to make the central station comfortable. OK?
The same police who sit in the central station in deplorable conditions sit in the 62nd Street
station in deplorable conditions.
Mr. Odio: No, but I agree with you, Commissioner. What I am saying is that I just gave them
another amount of monies for furniture, and I don't want them to think...
201 June 9, 1994
Vice Mayor Dawkins: OK. Whatever you do during the budget hearing, I have no problem. I
will move this for two hundred thousand dollars. If there's any left, he gives it back to you. Is
that agreeable?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: All right. I move it.
Mayor Clark: Second?
Commissioner Gort: Second.
Commissioner Plummer: Well, can I ask what would be the intent of the additional sixty-two
thousand dollars?
Vice Mayor Dawkins: To bring the north station up where when a guy goes in there in the
afternoon and sits down, he feels comfortable, the stress is relieved, he does not sit in a hell hole.
You already say when you send a man to 62nd Street, you send him to Siberia.
Commissioner Plummer: OK. Let me...
Vice Mayor Dawkins: So let's see if we can't make it...
Mayor Clark: Let's go on and take it.
Commissioner Plummer: May I alter that a little bit, Commissioner, with your approval?
Vice Mayor Dawkins: Go right ahead.
Commissioner Plummer: That 62nd Street be first taken care of, with the approval of
Commissioner Dawkins, before the rest of the money is spent for any other station.
Mayor Clark: All right. That's it.
Vice Mayor Dawkins: So moved.
Mayor Clark: So moved.
Commissioner Plummer: I think that will do it.
Mayor Clark: Second?
Lt. Longueira: Commissioner, we worked out deal that...
Vice Mayor Dawkins: Oh, no, no, no. No, no. We did not work out what J.L. just said.
Lt. Longueira: OK. That's fine.
Vice Mayor Dawkins: We did not work that out.
Commissioner Plummer: You heard what I said.
Lt. Longueira: You're right.
202 June 9, 1994
Vice Mayor Dawkins: OK. Thank you.
Lt. Longueira: We'll take care of it.
Vice Mayor Dawkins: OK. Thank you.
i Mayor Clark: With no exception, cast a unanimous ballot.
Commissioner Plummer: Damn, Longueira's getting smart in his old age.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-419
A RESOLUTION AUTHORIZING THE PURCHASE OF OFFICE FURNITURE
UNDER EXISTING DADE COUNTY BID NO. 1072-1/95 FROM CAMILO OFFICE
FURNITURE, AT A TOTAL PROPOSED AMOUNT OF $200,000.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE
NOS. 290201-903, 290201-906, AND 290201-907; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID PURCHASE.
(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.
----------------------------------------------------------- ----------------------------------------------------
57. PURCHASE TWO VA -CON 16 CUBIC YARD COMBINATION HIGH
PRESSURE JET AND VACUUM SEWER CLEANERS (UNDER CITY OF
LAUDERHILL BID) FROM SOUTHERN SEWER EQUIPMENT SALES
CORPORATION -- FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE
FUNDS FROM CIP 352285.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 48. Forty-eight, purchase of two storm cleaning machines.
Commissioner Plummer: Move it. Move it.
Vice Mayor Dawkins: Second.
203 June 9, 1994
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-420
A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) VAC -CON 16-
CUBIC YARD COMBINATION HIGH PRESSURE JET AND VACUUM SEWER
CLEANERS UNDER A CITY OF LAUDERHILL BID FROM SOUTHERN SEWER
EQUIPMENT SALES CORPORATION AT A TOTAL COST OF $303,275 FOR THE
DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT NO. 352285, ACCOUNT CODE NO. 319901-
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.)
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.
----------------------------------------------------------------------------------------------------------------
58. ACCEPT BID: HORIZON CONTRACTORS, INC. -- FOR LOCAL
DRAINAGE PROJECT E-70 B-5609 -- ALLOCATE FUNDS FROM CIP
352285 -- EXECUTE CONTRACT.
Mayor Clark: Number 49.
Commissioner Plummer: Move it.
Mayor Clark: By Mr. (UNINTELLIGIBLE). Cast a unanimous ballot, Madam Clerk.
Vice Mayor Dawkins: Under discussion.
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Lee, we continue to find money for certain projects. OK? Now, we
have had to, through the generosity of the Manager, go to streets like 15th Avenue. And now we
need to go to 8th Avenue and what have you, and take two blocks and tack it on to one of these
half a million dollar contracts, where a bidder will bid on it and then go in and do these two
204 June 9, 1994
streets along with all of it. So now, when you bring me another one of these, make sure that
some of those streets ...
Mayor Clark: Are tacked on.
Vice Mayor Dawkins: ... are between 41st Street and 50th Street, from 17th to 18th Avenue, and
some of those streets from 7th Avenue to loth Avenue, from 41st to 50th Street are tacked on for
renovation.
Mr. Wally Lee: Yes, sir.
Vice Mayor Dawkins: OK. Thank you.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-421
A RESOLUTION ACCEPTING THE BID OF HORIZON CONTRACTORS, INC., IN
THE PROPOSED AMOUNT OF $430,626.00, TOTAL BID OF THE PROPOSAL, FOR
LOCAL DRAINAGE PROJECT E-70 B-5609; WITH MONIES THEREFOR
ALLOCATED FROM THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT
ORDINANCE NO. 11139, AS AMENDED, PROJECT NO. 352285 IN THE AMOUNT
OF $430,626.00 TO COVER THE CONTRACT COST AND $69,195.00 TO COVER
THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$499,821.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
205 June 9, 1994
IQ
W
----------- ------ -----------------------------------------------------------------------------------------------
59. ACCEPT BID: BANNERMAN LANDSCAPING, INC. -- FOR ALLAPATTAH
SIDEWALK REBUILDING (IMPACT FEE PROJECT) B-4565 -- ALLOCATE
FUNDS FROM CIP 341200 -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 50.
Mayor Clark: Fifty by Mr. Plummer.
Commissioner Dawkins: Jesus Christ, we're going home!
Commissioner Plummer: No. We've got to be here at six o'clock.
Mr. Odio: You've got something at six, Commissioner, I'm sorry.
Mayor Clark: Yeah, we got something at six.
Commissioner Plummer: You got the big rip-off at six.
Mayor Clark: Motion and a second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-422
A RESOLUTION ACCEPTING THE BID OF BANNERMAN LANDSCAPING, INC.,
IN THE PROPOSED AMOUNT OF $197,050.00, TOTAL BID OF THE PROPOSAL,
FOR "ALLAPATTAH SIDEWALK REBUILDING (IMPACT FEE PROJECT) B-
4565"; WITH MONIES THEREFOR ALLOCATED FROM THE FISCAL. YEAR 1993-
94 CAPITAL IMPROVEMENT ORDINANCE NO. 11139, AS AMENDED, PROJECT
NO. 341200 IN THE AMOUNT OF $197,050.00 TO COVER THE CONTRACT COST
AND $32,330.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $229,380.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
206 June 9, 1994
bi
59
----------------------------------------------------------------------------------------------------------------
60. UPHOLD DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, WHICH DENIED AN APPEAL AND UPHELD
THE COCONUT GROVE NET OFFICE'S DENIAL OF A TREE REMOVAL
PERMIT FOR THE REMOVAL OF AN OAK TREE AT 2129 TIGERTAIL
AVENUE. (Appellant: Dr. Neil Fisher.) (See label 65)
Mayor Clark: Item 51. Oh, yeah, nobody's here on this thing, are they?
Mr. John Riordan: Yes, I'd like to speak on 51.
Commissioner Plummer: OK. Let...
Mayor Clark: Where is the engineer's report? There is none? Why not?
Commissioner Gort: They're not here.
Commissioner Plummer: Is the applicant here?
Mr. Cesar Odio (City Manager): No.
Commissioner Plummer: I'll move that the matter be deferred.
Mr. Odio: We do have determined, I believe that the tree has damaged... Is that the one?
Unidentified Speaker.: No, no, no.
Commissioner Plummer: What do you mean, "no, no, no"?
Mr. Jones: We need to take some action one way or the other.
Commissioner Plummer: Why?
Mayor Clark: Was he notified to be here?
Mr. Jones: If you don't take any action...
Commissioner Plummer: What?
Mr. Jones: If you don't take any action...
Commissioner Plummer: That's what I want him to do.
Mr. Odio: I... Yeah, go ahead, but I read a report today that I sent to you just during lunchtime
that the tree has done damage to the concrete there, to the concrete and foundation, yes, sir.
Commissioner Plummer: If you don't take any action, he wins?
` Mr. Jones: Mm-hmm.
Commissioner Plummer: Oh. OK.
207 June 9, 1994
JON
Mr. Odio: It has done damage to the foundation.
Mr. John Riordan: My name is Riordan, John Riordan. I live at 3141 McDonald Street. I'm a
registered landscape architect. I looked at that tree originally when they were asking for
permission to remove it. The tree is a hundred years old, a specimen tree, over thirty inches in
diameter, eighteen inches above the ground. It was built... It was there before the house. This
gentleman bought the house, saw the tree, and the patio that is around the tree, the roof extends,
but the foundations for that patio are separate from the foundations for the house. That section
of the roof is supported by four -inch loggia columns. There's a concrete retainer for the
screening and patio flooring between.
Mayor Clark: Wait a minute, sir, just a moment.
Mr. Riordan: The roots of the tree had damaged that.
Mayor Clark: Please. Where is the applicant on this item? You don't want to cut the tree down,
right?
Mr. Riordan: No. None of us want the tree cut down.
Vice Mayor Dawkins: No, he wants to cut it down.
Mayor Clark: What?
Vice Mayor Dawkins: The guy who isn't here doesn't want to cut it down. He wants to cut it
down.
Mr. Riordan: No.
Commissioner Plummer: No, the other way, the other way.
Vice Mayor Dawkins: I mean he doesn't want to cut it down. The guy who wants to cut it down
isn't...
Mayor Clark: Please, now. Are you growing trees?
Mr. Manuel Gonzalez-Goenaga: Excuse me, Mayor.
Mayor Clark: Yes, sir.
Ms. Joyce Nelson: He's not the applicant.
Mr. Gonzalez-Goenaga: No.
Mayor Clark: This gentleman is speaking now. Just relax.
Mr. Gonzalez-Goenaga: No, no problem. I wait.
Mr. Riordan: I'd like to point out that I'm not an engineer, but from my looking at it, that the
roof support is four -inch loggia column with a separate pad. That doesn't seem to be damaged
by the roots of the oak tree. I don't see any damage, without digging, to the foundation, actual
foundation of the house. The man bought the house knowing the tree was there...
208 June 9, 1994
Mayor Clark: We realize that. We realize that.
Mr. Riordan: ... and it's an easy extension for him, an economical extension.
Commissioner Plummer: Sir, you're not an engineer, your testimony is, and...
Mr. Riordan: All right, but I am a landscape architect, and what I'm telling you is that the
purpose...
Commissioner Plummer: Well, what does a landscape architect got to do with it?
Mr. Riordan: The tree.
Mayor Clark: OK. We got your point.
Commissioner Plummer: I don't understand.
Mr. Riordan: OK. It's an easy extension for the house, for him to just cut the tree down and put
it into that area. It's a minimum of about... It's to his advantage. The gentleman has been very
good about going to proper procedure. Most builders in the Grove would just chop the damn
thing down on a weekend, and take a five hundred dollar fine, and laugh at it. So, I mean, you
know, I respect the man's going to all this procedure.
Mayor Clark: Well, he's a legitimate man then.
Mr. Riordan: But people in the Grove are seeing this tree canopy removed by builders and
individuals, and this is one of the... This is part of the charm and value of our Grove. And it...
Mayor Clark: You're a landscape architect. Can you root prune the tree and get rid of it?
Mr. Riordan: No.
Mayor Clark: Too big?
Mr. Riordan: That tree withstood Hurricane Andrew with no damage to the buildings around it
or the...
Mayor Clark: Hundred years old, it stood a lot of hurricanes.
Mr. Riordan: And that... It's been there at least a hundred years. It's been well maintained. It's
one of the few healthy, good trees around.
Mayor Clark: OK. Let's move, let's move forward.
Mr. Gonzalez-Goenaga: May I be recognized on the tree?
Mayor Clark: On the tree, yeah.
Mr. Gonzalez-Goenaga: Yes. I... Since he is not here, I'm speaking for the benefit of Dr.
Fisher, a very... a man of integrity, and I might suggest a solution. That the people who do not
want the tree removed from his own, inside his own property, why don't you take the tree and
move it to City Hall?
209 June 9, 1994
WNW
Commissioner Plummer: City Hall'?
Mr. Gonzalez-Goenaga: Yes, because if it is of such an importance, the preservation of the tree,
I'd be delighted to have it here in City Hall so all the citizens of Miami can look at the tree every
day. Thank you very much.
Mayor Clark, Very good. Thank you, sir. Thank you.
Mr. Riordan: We would prefer to move the house. We'd rather have you look at that.
Commissioner Plummer: Mr. Mayor, I've expressed myself before. If the tree was not in the
house, I would be strongly opposed to it being cut down. The tree...
Mr. Riordan: The tree is not in the house.
Commissioner Plummer: Sir, may I finish? I didn't interrupt you.
Mayor Clark: Please.
Commissioner Plummer: The tree is in the man's domain of his house. I still have the feeling a
man's home is his castle, and as far as I'm concerned, he should have the right to dictate what he
wants in his home. Again, if it was outside of his house, I would never, ever vote to allow it to
be taken down. But it is inside his house, and I think he has a right to do what he wants inside of
his house.
Mayor Clark: You got a motion?
Commissioner Plummer: Now, based on that, my motion would be to...
Mr. Maxwell: Grant the appeal and reverse the decision of the appeal board.
Commissioner Plummer: Grant the appeal, that would be my motion, Mr. Mayor.
Mayor Clark: Victor, are you listening? I know you are.
Vice Mayor Dawkins: Grant the appeal and do what?
Commissioner Plummer: "Grant the appeal..."
Mayor Clark: Grant the appeal and let him cut the tree down.
Commissioner Plummer: ... means that the tree would be allowed to be taken down from within
the man's house.
Mayor Clark: You have a short message to add, that's all.
Ms. Nelson: Yes, I do. My name is Joyce Nelson, 2535 Inagua Avenue, president of the
Coconut Grove Civic Club, representing over 400 members in Coconut Grove. This issue has
been so muddied that I don't think that you are aware of what the real issues are. The tree was in
this house... It's not in the house. It's in the patio, not in the house, number one.
Commissioner Plummer: It's in the living area.
Ms. Nelson: Number two, the man bought the house March 1st, perfectly knowing that this tree
existed there, perfectly knowing that there was a risk that, as the report says, that I think that
210 June 9, 1994
Sergio is referring to, that this tree could, "could" cause damage to the foundation; not it "does"
cause damage. The report says "could cause damage."
Mayor Clark: All right.
Ms. Nelson: At the last Commission meeting that we discussed this issue, you ordered
specifically for him to come here with a structural engineering report.
Commissioner Plummer: That happens to be true.
Ms. Nelson: And if he did not bring it, then why are we discussing this? Deny it. I mean, he
didn't do it. He did not follow your order.
Vice Mayor Dawkins: The only problem I have with that is - and I said it the last time, I'm
going to say it this time, and I will say it next time - the gentleman bought the house. Those of
you who are desirous of not cutting the tree down should pay the man for the house and save the
tree.
Ms. Nelson: Why did he buy the house?
Vice Mayor Dawkins: Because he had American money, and in America, you can do things you
want with your own money.
Ms. Nelson: I bought a house with a tree next to it, too.
Vice Mayor Dawkins: But I'm just saying to you, I'll be voting for the man to cut the tree down.
Ms. Nelson: You want to buy my house?
Vice Mayor Dawkins: I will vote for the man to cut the tree down, because he took American
money and bought the house. Now, if you come back to me and tell me, "We will pay him what
he paid for the house so that we can take the house down from around the tree and leave the
tree," I have no problem with it.
Mayor Clark: OK.
Ms. Nelson: Well, I'm protecting our ordinance. Our ordinance says this is a specimen tree, and
it is protected.
Vice Mayor Dawkins: Also...
Ms. Nelson: That was what we have in the City of Miami.
Vice Mayor Dawkins: It also says that historic preservation should be historically preserved,
and you don't provide no money to keep anything up. You just come and tell me people can't
tear it down.
Mayor Clark: All right.
Ms. Nelson: But he bought it that way.
Mayor Clark: Please, please, please. You've made your point.
Ms. Nelson: And it's not structurally damaging the house. You asked him to bring the report.
He hasn't done it.
211 June 9, 1994
Mayor Clark: No, he didn't do that. He didn't do that.
Commissioner Plummer: The problem is, as I see it, it is within the living area of the house. It
might not be the bedroom, it might not be the dining room, but it is within the living area. That's
what I'm saying.
Mayor Clark: Yes, sir.
Mr. Ted Stahl: Excuse me.
Commissioner Plummer: Buildable area.
Ted Stahl: Ted Stahl, 3171 Royal Road. In due respect to Miller Dawkins and what you just
said, Mr. Dawkins, when I bought my home at 3171, twenty-five years ago, next door to me, on
my property was the second largest banyan tree in the State of Florida, protected by the State of
Florida. When I bought that house, I knew the tree was there, and I knew what the root system
of the trees do to our houses. My house, it cost me thirty thousand dollars when the limbs broke
off and tore my whole house roof off, and the City would not allow lawsuits. I couldn't sue the
State, I couldn't sue the City, couldn't sue Ransom Everglades School. I knew the problem.
Two septic tanks were replaced at my property because of this tree. The tree finally died by
electric pulse, but for twenty-five years, I put up with a problem that I knew I was getting into
when I bought my home. The problem in this community, our canopies are being destroyed too
easily, and that's what we pay big money for in taxes here, is the charm and the vegetation in
this community, and little by little, it's being wiped out. And if we gave Florida Power and
Light Company the right, there wouldn't be a banyan tree on Main Highway today.
Mayor Clark: Thank you.
Commissioner Plummer: Yeah, but Ted...
Mayor Clark: The public hearing is closed. Motion on the floor.
Commissioner Plummer: Ted, who is losing the canopy? Not you. He is, if he wants to.
Mr. Stahl: No, we are. We are losing that canopy. All of my...
Mayor Clark: Please. Would everyone please relax. Motion on the floor to let the man cut the
tree down, seconded by Mr. Dawkins. Call the roll, Madam Clerk.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR DAWKINS, ITEM 51 FAILED BY THE FOLLOWING
VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
ABSENT: None.
212 June 9, 1994
Mayor Clark: You happy?
Commissioner Plummer: Fine. Fine.
Mayor Clark: That's all right. When he comes back with pieces of the house, we're going to
give him back the landscape, see if he can plant them and grow a tree. All right?
Mr. Riordan: Yeah. I know where to plant them, too.
Mr. Maxwell: No... Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes.
Mr. Maxwell: You need the contrary motion on the floor. You need a motion to uphold.
Mayor Clark: Make it. Make it. Don't cut the tree down.
Commissioner Gort: When I look at the plans and... The tree was in existence when the house
was built, and the patio of the house was built around the tree. The person bought the house
about two months or three months ago, so he was aware of the consequences of the tree. That's
f the reason I voted against it.
Vice Mayor Dawkins: You got a motion?
Commissioner Gort: So my motion is to uphold the...
Mr. Maxwell: Deny the appeal.
f Mayor Clark: Let the tree grow.
Commissioner Gort: Deny the appeal.
j Mayor Clark: OK. Second. Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-423
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH
DENIED AN APPEAL AND UPHELD A DECISION OF THE COCONUT GROVE
NET OFFICE, WHICH DENIED A TREE REMOVAL PERMIT FOR THE REMOVAL
OF AN OAK TREE LOCATED AT 2129 TIGERTAIL AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
213 June 9, 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
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
ABSENT: None.
Mayor Clark: We'll reconvene at six o'clock.
Commissioner Plummer: Mr. Mayor, can I take up a few... Are we going to do...
Vice Mayor Dawkins: Oh, I know we got some pocket items.
Mayor Clark: Oh, no, no pockets, no more pockets.
Commissioner Plummer: All right. Well, can I ask a couple of questions, sir?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Mayor, I spoke to you earlier in the day... Oh, I'm sorry. First of
all, the Clerk says we have to make a motion to approve the minutes of the previous meeting. I
so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Second. Cast a unanimous ballot.
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Vice Mayor Dawkins,
the minutes of Commission meetings of March 24, April 14 and
I April 28, 1994, were approved by the Commission.
- 214.. June 9, 1994
----------------------------------------------------------------------------------------------------------------
61. DECLARE THAT THE CITY OF MIAMI COMMISSION SHALL HAVE
FULL CONTROL OF ALL THE PLANNING AND ACTIVITIES LEADING
TOWARD MIAMI CENTENNIAL CELEBRATION IN 1996 -- CITY
MANAGER DESIGNATES ANGELA BELLAMY AS THE STAFF LIAISON
FOR SAID PROJECT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I spoke to you earlier in the day about my concern of the
Miami Centennial Celebration.
Mayor Clark: Yes, sir.
Commissioner Plummer: I would like to make a motion at this time that the in-house committee
that has been formulated by the Manager be the official body that celebrates... that forms the
celebration for our City, and not the Chamber of Commerce.
Mayor Clark: Well, the in-house committee, J.L., along with the Chamber of Commerce group
got together and agreed to do it jointly.
Commissioner Plummer: That's not the way it's working out, Mr. Mayor. I showed you this
morning an ad for a paid individual by the Chamber of Commerce. Mr. Mayor, my only
comment is - I made it to you this morning, and I will do it again - this is our, "our" City's
celebration, not the Chamber's. It's the City's. And I think the City should be sitting in the
driver's seat to say what is what we want for our City, to be our celebration.
Mayor Clark: I don't doubt that at all, and I don't disagree with you at all.
Commissioner Plummer: Then I would make a motion at this time, if it's in order, Mr. Mayor,
that the Manager be instructed that this celebration that is planned for the hundredth anniversary
of this City be under full control of this City Commission, who will designate what will and what
will not happen during that period of the Centennial Celebration. I so move.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: All right. Our committee... Who's on our committee? Who did you appoint?
Commissioner Plummer: Angela, I think, heads it up.
Mayor Clark: Well, let's get Angela out here a minute. I want to clear this.
Commissioner Plummer: I have no problem with the Chamber being a member of that
committee if they want to be.
Mayor Clark: Where is Angela? Where is Angela?
Vice Mayor Dawkins: You mean the total Chamber, or a member from the Chamber?
Commissioner Plummer: A member from the Chamber.
215 June 9, 1994
Vice Mayor Dawkins: Oh, OK.
Mayor Clark: Where is Angela? Come here, Angela, please. She doesn't want to come out.
Angela, when you met with the people from the Chamber of Commerce concerning the
Centennial Celebration, what was your understanding?
Ms. Angela Bellamy (Assistant City Manager): Vivian Pombo has been meeting with them
every time they've met, so she can speak to that.
Commissioner Plummer: Can I ask one simple question before she starts?
Ms. Bellamy: Yes.
Commissioner Plummer: Is she running the show, or are they running the show?
Ms. Vivian Pombo: They are running the show.
Commissioner Plummer: You see, that's the problem I have. This is this City's celebration, and
we should be running the show, whoever the Manager designates. And that's my problem, Mr.
Mayor.
Mayor Clark: How do you mean they're running the show?
Commissioner Plummer: We, our in-house people should be run...
Mayor Clark: Wait a minute, J.L. I'm asking her a question.
Commissioner Plummer: I'm sorry.
Ms. Pombo: I am the only representative from the City on the committee.
Mayor Clark: How many members in your committee?
Ms. Pombo: They have about twenty-five, thirty members.
Mayor Clark: How many?
Ms. Pombo: Twenty-five to thirty.
Commissioner Plummer: And they named the members, we did not.
Ms. Pombo: Exactly.
Commissioner Plummer: It's wrong.
Mayor Clark: This was supposed to be a joint effort on behalf of this committee and the
Chamber's committee, with Seth Gordon, and I think it was about two people.
Ms. Pombo: Well, what happened was back in 1992, the City recognized the Miami
Anniversary Committee, which was a small group. They did a few events. They haven't done
anything else. This group coming out of the Chambers kind of joined what was called the Miami
Anniversary Committee. They renamed the group the Centennial '96, and that's how they're
working.
216 June 9, 1994
go 0
Commissioner Plummer: But why... I'm sorry. I don't understand it, somebody else running
our show. It's "they," it's "they." It's "us." It's "ours." And all I'm saying, Mr. Mayor, in my
motion, is very simple. It is our celebration. We will do the show. Mr. Manager, designate who
you want to run this program, and if there is to be a committee, you will name or this
Commission will name that committee; not the Chamber, not anybody else. We will have our
own celebration..
Mr. Cesar Odio (City Manager): Let me just add...
Commissioner Plummer: I can't understand it any other way.
Mr. Odio: We may add... Let me add something, please. We're going to need substantial
resources from the private sector to do this.
Commissioner Plummer: Sure, no question.
Mr. Odio: And why not joint?
Commissioner Plummer: Fine, but we're running the show. That's what I'm saying.
Ms. Bellamy: Mr. Mayor and Commissioners, if I may. In reading all of the minutes of the
Commission and the resolution that was passed in April of 1990, the Commission clearly said
that they did not want to authorize one committee; that there may be many committees that
would be operating under Centennial.
Commissioner Plummer: That's not what we said.
Ms. Bellamy: I have the...
Commissioner Plummer: What we said at the time that the group that came before us was "non-
exclusive."
Ms. Bellamy: That's correct.
Commissioner Plummer: Well, that's a big difference, now.
Ms. Bellamy: And we also said that it was not for profit, the original committee was a not -for -
profit organization.
Commissioner Plummer: Absolutely.
Ms. Bellamy: That was established.
Commissioner Plummer: Established, that's right. There could have been...
Ms. Bellamy: And we said that there would be a nonexclusivity clause.
Commissioner Plummer: And this Commission would be in charge at all times. That's all I'm
saying now. Mr. Mayor, my motion is very clear. Basically, and very briefly, and very simple.
Our celebration of the Centennial will be "our" celebration.
Mayor Clark: Very good. Now, let me ask you this; that's to the lady on the committee. What
are they talking about, a hundred and fifty thousand dollars a person? You know about that?
217 June 9, 1994
Ms. Pombo: Well, no. The position that they have advertised for, I understand... No, well, that r
is not what was said at the meeting. They started wanting to pay them eighty thousand. The
committee talked them down.
Vice Mayor Dawkins: You resigned the ticket, huh?
Commissioner Plummer: They must work for the Law Department.
Mayor Clark: Listen, listen to this now, please.
Ms. Pombo: I think they're talking about sixty. It's sixty thousand dollars, what they're
planning to pay this person. However, this person will have an assistant. This person will have
an assistant, also.
Mayor Clark: Did they appoint somebody?
Ms. Pombo: No. They're advertising for applications right now.
Commissioner Plummer: Mr. Mayor, if you read this application, it is so specifically written that
it's obvious they know who's being appointed, and this was formulated to meet that individual. I
mean, you... That thing is so specific in nature, it is incredible. That is a "Matthew
Schwartzism". You write it to the individual. Mr. Mayor, my motion is simple. I'm not getting
into all of this other. I just say our celebration should be ours, and we're going to run the show.
Mayor Clark: Let me see that, Willy.
Commissioner Gort: Yeah.
Vice Mayor Dawkins: Has that been seconded?
Commissioner Plummer: You seconded it, didn't you?
Commissioner Gort: Discussion.
Mayor Clark: Yeah.
Commissioner Gort: J.L., I think you should give an opportunity to all those that want to
participate to participate and become part of this.
Commissioner Plummer: Oh, I agree.
Commissioner Gort: It should be a joint effort. Because it's my understanding... And I had a
meeting with those people who came to my office. I was not aware that all of this was taking
place, and they went over the plans, that they want to do a whole year of different events
throughout the whole year. And they're going to take a lot of individuals and a lot of
associations to work with this. I understand what you're saying, but I think that in the efforts of
coordinating things, that the Chamber, we should be working with them.
Commissioner Plummer: Well, but I think we should be the last word. We should be in the
driver's seat. If not...
Commissioner Gort: And above all...
Commissioner De Yurre: If I may, Mr. Mayor. Along these thoughts is that we create the
official organism, and that if they have a body of twenty-five or thirty people that is the
218 June 9, 1994
f,
Chamber's committee, that they can have a couple, two or three representatives in our body, and
then we can help them. They can be the liaison between the Chamber and us, and we can
coordinate whatever we decide, and the Chamber can assist.
Commissioner Plummer: As long as we are in the driver's seat, that's all. That's it.
Vice Mayor Dawkins: That's what he said.
Commissioner Plummer: And if they want to participate with us...
Commissioner Gort: Well, my understanding is all the other proposals would have to come in
front of us and would have to be approved by us.
Commissioner Plummer: No, no, not in that.
Mr. Odio: I was going to suggest, sir, that you... What we ask them to do, that any and all
events, or any things that they want to do, they bring them here for your approval.
Commissioner Plummer: Mr. Manager, I want to make sure that Angela, if it's Angela who you
designate, will be our representative, then she will be the designated person who is heading this
up, not a sixty or a hundred thousand dollar individual. She will be heading it up.
Mayor Clark: Two hundred thousand.
Commissioner Plummer: And let anybody that wants to join in that she feels is beneficial, let
j them join. That's the way I feel about it.
`f Mayor Clark: You appointed Angela?
i
Mr. Odio: Yes, sir.
Mayor Clark: All right. Motion and a second. All in favor of the motion signify by saying
j "aye." Opposed, like sign. So ordered.
219 June 9, 1994
W
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-424
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, I would like to ask...
Mayor Clark: Hold it, just a minute. We've got an introduction coming here. Willy.
Commissioner Plummer: All right.
Commissioner Gort: Mr. Mayor, I would like to introduce Ralph Duarte, who was very helpful
during my campaign. He helped me a lot, and I promised him that he would be able to come here
and sit in this chair that he helped me to get.
Commissioner De Yurre: Is he going to vote for you at six o'clock?
(APPLAUSE)
220 June 9, 1994
Commissioner Plummer: Is that a political introduction?
Vice Mayor Dawkins: Come closer to where you... You can't see from back there.
Commissioner Gort: He's going to running pretty soon.
----------------------------------------------------------------------------------------------------------------
62. COMMISSIONER PLUMMER AGAIN REQUESTS FROM CITY MANAGER
A STATUS REPORT ON THE ST. HUGH OAKS PROJECT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I had asked at a previous meeting... Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: I had asked at a previous meeting to be updated on the St. Hughs
property, of where it is and what is happening. I have not heard a word. Mr. Bailey, we have
said that we're not going to go for the amount of money that was so designated, so I'm asking
again. I don't want this thing to get out from underneath of us, and the people in Coconut Grove
come down at us heads first. I asked for a weekly report. I have not received such.
Mr. Herb Bailey: Commissioner, we did send you a report. However, I will give you an update.
The projected finish date is in September. Everything has been concluded with the exception of
setting the price. We will come back before this Commission and have a public discussion on
setting the price. After that has been d%A1_-, we will then begin to take applications for mortgages.
Commissioner Plummer: And we're then talking about a lotto type of drawing?
Mr. Bailey: After we get more applications that are qualified that exceeds the number of houses,
then it goes into a lottery.
Commissioner Plummer: And how many of that will there be?
Mr. Bailey: It's twenty-three houses.
Commissioner Plummer: All right, sir. And how many days will the operation be open for
applications to be received?
Mr. Bailey: It will be open until we sell all the units.
Commissioner Plummer: Well, if you sell twenty-two of the units, then it's only a lottery for
one?
Mr. Bailey: No, no, that is not the case.
Commissioner Plummer: Well, that's what I'm asking you.
Mr. Bailey: We have twenty-three houses.
Commissioner Plummer: Yes, sir.
Mr. Bailey: If we get forty applications that are qualified, then those forty go into the lottery.
221 June 9, 1994
Ell
Commissioner Plummer: Within what period of time?
Mr. Bailey: Well, we timed... No longer than it takes to draw out those twenty-three
applications.
Commissioner Plummer: You're not following me. If you open up the applications to be...
Vice Mayor Dawkins: Six months, J.L.
Commissioner Plummer: Six months? If that...
Mr. Bailey: You mean the application process?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Yeah.
Mr. Bailey: Oh. The application process, we will keep it open until we get enough qualified
applicants. We don't know how long that would be.
Vice Mayor Dawkins: No, give a time. Give us a time, J.L. Give us a time.
Commissioner Plummer: You got to have a time frame in there, Herb.
Mayor Clark: Six months. Give them six months.
Commissioner Plummer: Six months is fine.
Mr. Bailey: If you want six months, that's fine.
Vice Mayor Dawkins: If you get it before six months... If you get it before six months, you
close it.
Mr. Bailey: OK. That's fine with me. It doesn't matter.
Commissioner Plummer: Well, no, wait a minute now. If you're going to have a true lotto
drawing, Mr. Dawkins, you've got to have it open for a certain period of time. OK?
Vice Mayor Dawkins: OK. Well, hey, OK, no problem. OK.
Mr. Bailey: No, I think we...
Vice Mayor Dawkins: OK. I got one problem.
Commissioner Plummer: OK.
Vice Mayor Dawkins: I don't know how... Mr. City Attorney, you know, I am one of the ones
who yell and scream that employees live in the City of Miami. What's the procedure to make
these homes available for those employees of the City of Miami?
Mr. Cesar Odio (City Manager): On first priority.
Vice Mayor Dawkins: No, not on first priority, because then, we... I don't know.
222 June 9, 1994
Mr. Joel Maxwell (Assistant City Attorney): You could do that, and that would satisfy your
objective, because if those homes didn't go, if there were no applicants, then they'd go to
someone else.
Commissioner Plummer: Well, can we do like what was recommended last night to us - because
I thought it was a great idea - at three percent?
Mr. Odio: Give them a discount.
Vice Mayor Dawkins: What?
Commissioner Plummer: That they be made available to City employees at three percent?
Mr. Maxwell: Give them a better deal.
Vice Mayor Dawkins: I don't care. You could make it ten percent. It doesn't make any
difference to me.
Mr. Bailey: At three percent in which way, Commissioner?
Commissioner Plummer: Three percent mortgage, as an incentive to move in.
Mr. Bailey: I think we ought to discuss... No, I think we have a problem with that.
Vice Mayor Dawkins: Wait a minute, J.L. Wait a minute. J.L., who's always saying we got to
make money to put back, talking about three percent?
Commissioner Plummer: I'm talking about three percent for City employees to move into the
City.
Vice Mayor Dawkins: Three percent one time.
Mr. Bailey: No. We have a problem with the mortgage rate. These are FHA (Federal Housing
Administration) mortgages. They're FHA mortgages, and there are substantial reliefs that we
can permit. For instance, no down payment, we can waive that. We have to set the price. Once
we set the price, and we'll have that at a public...
Commissioner Plummer: Can you set two prices?
Mr. Bailey: No. We have not set the price.
Mr. Odio: Wait, wait, wait.
Commissioner Plummer: I said, can we not set two prices?
Mr. Odio: Maybe we can set a priority and...
Commissioner Plummer: One for City employees.
Mayor Clark: All right. Let's go. Now, come on, that's enough, that's enough. All right. You
finished, Herb?
Mr. Bailey: Yes.
223 June 9, 1994
Mayor Clark: All right.
END OF DISCUSSION -- NO ACTION TAKEN
------------------------- --------------- ------------------------------------------;
-------
63. DECLARE PERIOD OF JUNE 5 THROUGH JUNE 11 1994 AS- SAFE
BOATING WEEK.
Mayor Clark: Resolution adopting Safe Boating Week. I need a motion by this Commission.
Commissioner Plummer: For what?
Mayor Clark: A resolution declaring June the 5th through the 11th Safe Boating Week in this
area.
Vice Mayor Dawkins: So move it, whatever it is, Mr. Mayor.
Commissioner Plummer: OK. Now that it's over.
Mayor Clark: Yes. Well, unless you like... Sometimes you don't bury a person the same day
you get them.
Vice Mayor Dawkins: OK. All right. Well, I have one here that's really important, Mr.
Manager.
Mr. Maxwell: The vote.
Vice Mayor Dawkins: Range Park...
Mr. Maxwell: Mr. Vice Mayor...
Vice Mayor Dawkins: Go right ahead, Mr. City Attorney.
Mr. Maxwell: You do have... You still have the safe boating resolution. You need to vote on
that.
Mayor Clark: Cast a unanimous ballot.
Mr. Maxwell: OK.
Mayor Clark: You got that vote.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Was that a pocket item, Mr. Mayor?
Mayor Clark: This was, yeah.
Commissioner Plummer: OK.
224 June 9, 1994
Vice Mayor Dawkins: OK. We have...
Mayor Clark: Anyone wants to vote against safe boating, they can go ahead.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-425
A RESOLUTION DESIGNATING THE WEEK OF JUNE 5 THROUGH JUNE 11,
1994 AS "SAFE BOATING WEEK"; ENCOURAGING ALL BOATING
ENTHUSIASTS TO PURSUE SAFE BOATING EDUCATIONAL PROGRAMS TO
ENSURE THEIR SAFETY ON THE WATERWAYS OF FLORIDA; AND FURTHER
URGING ALL CITIZENS TO ACT RESPONSIBLY AND NOT CONSUME
ALCOHOLIC BEVERAGES WHILE ENGAGED IN THE OPERATION OF A
VESSEL.
(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
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.
I ABSENT: None.
----------------------------------------------------------------------------------------------------------------
64. DIRECT CITY MANAGER TO IMMEDIATELY COMMENCE
RENOVATIONS AT ATHALIE RANGE PARK AND IF NECESSARY, MAKE
A FINDING THAT AN EMERGENCY EXISTS -- ALLOCATE: (a) $36,000
FROM CIP 331070 (RANGE PARK RENOVATIONS); AND (b) $60,000
FROM 20TH YEAR CDBG.
I
I----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: We hit the papers and all about the Range Park, and I have a resolution
i directing the City Manager to investigate, and if necessary, make a finding of an emergency for
i Athalie Range Park renovations, directing the City Manager to take all necessary steps to
immediately commence needed repairs and improvement to said recreational facility with funds
therefor allocated from the capital improvement project on Range Park renovations, in the
amount of thirty-six thousand dollars, which we approved, and that the funds be made available,
and that the Manager go out tomorrow or the next day as an emergency to get it done. I so
move.
Mayor Clark: Is there a second?
Commissioner Plummer: Second, of course.
225 June 9, 1994
•may
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-426
A RESOLUTION DIRECTING THE CITY MANAGER TO INVESTIGATE AND IF
NECESSARY, MAKE A FINDING OF AN EMERGENCY FOR THE
PROCUREMENT OF ALL GOODS, SERVICES, EQUIPMENT AND MATERIAL
REQUIRED FOR IMPROVEMENTS AND RENOVATIONS AT ATHALIE RANGE
PARK, LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA;
DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO
IMMEDIATELY COMMENCE NEEDED IMPROVEMENTS AND RENOVATIONS
TO SAID RECREATIONAL FACILITY; ALLOCATING FUNDS THEREFOR, IN
THE AMOUNT OF $36,000 FROM CAPITAL IMPROVEMENT PROJECT NO.
331070, ENTITLED "ATHALIE RANGE PARK IMPROVEMENTS", AND IN THE
AMOUNT OF $60,000 FROM THE 20TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, PROJECT NO. 701403; FURTHER DIRECTING THE
CITY MANAGER TO IDENTIFY AND MAKE AVAILABLE SUCH ADDITIONAL
FUNDS AS MAY BE REQUIRED TO COMPLETE NEEDED RENOVATIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, can we ask, Mr. Manager, what have you done about the
Police Department parking that's falling apart?
Mr. Cesar Odio (City Manager): We have a site consultant looking at the defective areas.
Commissioner Plummer: Do you need a motion to do the repairs?
Mr. Odio: No, not yet. Not yet. I will have something... I think that... OK. The problem is, I
have no idea how extensive...
226 June 9, 1994
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----------------------------------------------------------------------------------------------------------------
65. ADDITIONAL COMMENTS BY DR. NEIL FISHER CONCERNING HIS
APPEAL OF A HISTORIC PRESERVATION BOARD DECISION
FORBIDDING HIM TO HAVE AN OAK TREE REMOVED FROM HIS
PROPERTY AT 2129 TIGERTAIL AVENUE DUE TO SAID TREE HAVING
CAUSED ACTUAL STRUCTURAL DAMAGE TO HIS PROPERTY. (See
label 60)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Is this the doctor?
Dr. Fisher: Yeah. Excuse me. I'm sorry, I thought the meeting started at five. I even called the
City Clerk's Office today.
Mayor Clark: I'm sorry. Well, Doctor, the tree is going to stay there.
Mr. Cesar Odio (City Manager): You got... You got what you wanted.
Commissioner Plummer: No. You lost.
Mayor Clark: You lost.
Dr. Fisher: I haven't spoken yet.
Mayor Clark: I know you haven't, because you were supposed to be here at five o'clock.
Dr. Fisher: I was number 51 on the agenda. I even spoke to your secretary, sir, today.
Mayor Clark: Sir, we might have gotten to that item at three o'clock. I can't...
Vice Mayor Dawkins: Are you adjourning till six o'clock, Mr. Mayor?
Mayor Clark: Yes.
Dr. Fisher: But, sir, I mean, I spoke to the City Clerk's Office today. They said five o'clock. I
spoke to your secretary, five o'clock.
Mayor Clark: Here's the City Clerk. You talk to her. You lost.
Vice Mayor Dawkins: Dr. Fisher, if you spoke all night, the vote was three to two. It's going to
still remain three to two.
Dr. Fisher: I should be allowed to be heard. I have not had my ten minutes to speak.
Mayor Clark: Well, sir, this agenda has been mentioned for nine o'clock in the morning.
Dr. Fisher: I never received a notice from City Hall. I can show you exactly what the notice was
from City Hall.
Mayor Clark: I told you...
227 June 9, 1994
LLJ
�J
Dr. Fisher: And I told you, I talked to the City Clerk's Office, I talked to Agenda, I talked to a
person at... the Mayor's secretary.
Commissioner Plummer: Doctor, Doctor, may I say I voted with you, sir.
Dr. Fisher: Mm-hmm.
Commissioner Plummer: But I lost, and I can assure you that you can stand there and talk all
day, and it was not going to change those three votes. They were emphatic. OK?
Dr. Fisher: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------------------------------------- --------------- ------------------- ----------------
66. AUTHORIZE MANAGER TO EXPEND $250,000 TO REPAIR THE CITY'S
PARKING GARAGE FOR THE POLICE DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, Mr. Mayor, we have a problem with the City parking
garage for the Police Department, and I would like to make a motion.
Mayor Clark: All right.
Commissioner Plummer: Authorizing the Manager not to exceed two hundred and fifty
thousand dollars to get the parking structure at the police station fixed, and get it reopened, since
it's to be totally closed. I so move.
Mr. Cesar Odio (City Manager): We should know tomorrow...
Commissioner Plummer: Hey, I'm just trying to do what's necessary. Second?
Mayor Clark: Motion and a second.
Commissioner Gort: Second.
Commissioner Plummer: What choice do we have? I don't see that we got any choice.
Mayor Clark: Cast a unanimous ballot.
228 June 9, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-427
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT, NOT TO EXCEED $250,000, TO REPAIR THE PARKING STRUCTURE
AT THE MIAMI POLICE STATION LOCATED AT 400 N.W. 2ND AVENUE,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
67. INSTRUCT CITY MANAGER TO NEGOTIATE WITH INDIVIDUALS FROM
TELEVISION CHANNEL 9 FOR EFFECTIVE PROGRAMMING TO
MAXIMIZE USE OF SAID CHANNEL -- INVESTIGATE POSSIBILITY OF
IDENTIFYING CORPORATE SPONSORSHIP CONCERNING
ADVERTISING ON CHANNEL 9.
Commissioner Gort: Before everybody walks out, can I have one item, please, Mr. Mayor?
Mayor Clark: Yes.
Commissioner Gort: I'd like to have the...
Commissioner Plummer: What about if I don't like the item?
229 June 9, 1994
19
W
Commissioner Gort: ... the Manager to come back with the people from Channel 9 and come up
with a program, effective program that we should do, and my understanding is there's a lot of
people looking at Channel 9, and I think we should take advantage of it and maximize from it.
Mayor Clark: We're starting a new program, "Ask the Mayor," on television.
Commissioner Plummer: Well, wait a minute. Excuse me. We gave them fifty thousand dollars
just recently.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Channel 9.
Mr. Cesar Odio (City Manager): This is for the equipment. We're talking about programming.
We are reorganizing. We're creating an office that is fully in charge of NET 9. They will be
programming and coming to you for approval. We have one now called "Ask the Mayor," where
people can call in with questions. We're going to have...
Mayor Clark: And get an answer back.
Commissioner Plummer: Well, I have no problem, but I'm just wondering, why do we need to
spend more money? Those who were present...
Mr. Odio: I didn't say we needed to spend more money.
Commissioner Plummer: Oh, I'm sorry.
Mr. Odio: He says we want more programs there.
Commissioner Plummer: Well, what's your motion? I'm sorry.
Commissioner Gort: For the Manager to come back with his staff with the...
Commissioner Plummer: Recommendations?
Commissioner Gort: ... the recommendations.
Commissioner Plummer: That's fine.
Mayor Clark: Programming on the station. Very good.
Commissioner Plummer: I gave to them... And I would hope that they would follow up. I am
totally opposed to advertising on Channel 9, but I see nothing wrong, as with in Channel 2,
where a given corporation sponsors a half hour to an hour. And I would hope that Channel 9...
Mr. Odio: I was going to ask Maria's Furniture to do that.
Commissioner Plummer: ... would go out, like with...
I
Mayor Clark: Corporate sponsors.
Commissioner Plummer: ... corporate sponsors, who would be nothing more than a sponsor.
And, Mr. Manager, not Maria's Furniture.
230 June 9, 1994
Mr. Odio: They've got a great program.
Commissioner Plummer: There are companies who you can hire on a percentage basis to go out,
which we did it...
Mr. Odio: You know, sir, you are right. We need to do that.
Commissioner Plummer: All right. We did that... We did that, Mr. Mayor, at Bayfront Park,
and it was very successful for getting companies to do the marquee. I would hope you would
include in your motion giving the Manager the latitude...
Commissioner Gort: That was part of the motion.
Commissioner Plummer: ... to investigate a company to come in for corporate sponsors of
Channel 9.
Commissioner Gort: That's part of the motion.
Mayor Clark: Very good.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-428
A MOTION INSTRUCTING THE CITY MANAGER TO NEGOTIATE WITH
REPRESENTATIVES OF TELEVISION CHANNEL 9 TO COME UP WITH MORE
EFFECTIVE PROGRAMMING IN ORDER TO MAXIMIZE USE OF SAID
CHANNEL; FURTHER AUTHORIZING THE MANAGER TO INVESTIGATE
POSSIBILITY OF SEEKING CORPORATE SPONSORSHIP FOR CHANNEL 9.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. We'll see you at six o'clock.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 5:21 P.M. AND RECONVENED AT 6:08 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
231 June 9, 1994
----------------------------------------------------------------------------------------------------------------
68. ENTER INTO CONTRACT FOR ACQUISITION OF RESIDENTIAL
PROPERTY AT 168-200 S.W. 32 ROAD, 3200-3202 S.W. 2 AVENUE, AND
1100-1139 S.W. 22 TERRACE (TRACT A. VIZCATRAN GARDEN).
Mayor Clark: Ladies and gentlemen, let's have your attention, please. We have a full
Commission present, Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Clark: On the issue of Vizeatran, is the attorney for... Yes, ma'am, go ahead. You want
to say something?
Unidentified Speaker: No.
Mayor Clark: All right. Mr...
Commissioner Plummer: Mr. Mayor, the last time we met was to ask the Manager to go back
and to try and work out some kind of possible solution, and if not, to come back and to
recommend the amount of money that he felt was legitimate, and I would assume that we would
hear from him first, to make a report of what we asked him to do.
Mayor Clark: Good thought. Go ahead.
Mr. Cesar Odio (City Manager): I believe that the attorney asked me that he wanted to address
the Commission first, so I don't have any problem with that.
Commissioner Plummer: Well, we didn't ask for the attorney to speak first. We asked you to go
back, and that was the reason for the deferment.
Mr. Odio: Well, we have been negotiating. We have... I believe that it would be important that"
he could address the Commission first, and then I'll answer any questions you may have.
Commissioner Plummer: OK. Then, answer my question. My question is, what do you
recommending... the maximum the City can pay?
Mr. Odio: To purchase, we can only recommend the highest appraised value, and under State
law, we can offer up to six hundred thousand dollars.
Commissioner Plummer: Thank you, sir.
Mayor Clark: All right. Mr. Attorney, for the record, identify yourself.
Mr. Joseph Portuondo: Good evening. My name is Joseph Portuondo, on behalf of the owner of
the property of Vizeatran, Limited, and my offices are at 150 West Flagler Street, Suite 2701.
Mayor, on January 13th, you asked my client to stop consideration of construction on that
property of a sixty-four unit high-rise apartment building, to allow some opportunity to negotiate
with the City of Miami, to try to accomplish needs which would be beneficial to ourselves...
Mayor Clark: That was at a Commission meeting.
232 June 9, 1994
Mr. Portuondo: Yes, yes, Mayor. ...to the owner, the City, and to the neighborhood, as well.
The neighborhood has had a history of opposition to any high-rise in that neighborhood. They
view any high-rise as an encroachment upon their residential neighborhood. And as such, over
the years... I've been involved seven years trying to resolve this matter, and I have been, since
January 13th, in constant communication with the City Attorney, the Asset Management people,
and the City Manager's office, as well as Mr. Fletcher, representing the homeowners. I proposed
an agreement approximately a month ago in writing, which has taken some modification since I
wrote it, which I'd like to bring to the Commission now. The proposal that I would like to make,
which essentially maintains the agreement in form with respect to recitals and so forth, but the
consideration changes a little bit. In other words, the money changes. And this is what we are
proposing to do. We are proposing that Vizcatran, Limited keep the property, and that
Vizcatran, Limited agree to a down -zoning of the property, consistent with three duplexes on
that property and the opening of the street. In other words, go back to 1981 and make it that
way, and keep it that way.
(APPLAUSE)
Mayor Clark: Wait, please, please. Let the man make his presentation.
Mr. Portuondo: In exchange for which, as you know, we produced to the City Commission
approximately one point six million dollars in expenses we've incurred over time there, in
exchange for which, we would like the consideration of nine hundred and eighty thousand
dollars, to be composed of the following items. Let me bring you back. Let's go fast rewind
here to 1987. As you recall, we were in a litigation environment with Swire who was the
developer of Claughton Island, and at that point, Vizcatran, Limited forced Swire to pay into
escrow monies, of which there remains presently a liability of three hundred and fifty thousand
dollars. In other words, that is non -City ... not taxpayer money. That came from private funds.
So really, the City is not going to be responsible for that. It's already there. You don't have to
account for it. So we are proposing that the $980,000 be composed as follows. There's
presently $300,000 dollars in cash from that escrow and from Swire. There is $50,000 of
indebtedness that we owe the City of Miami as the result of some activity on that escrow. We,
ourselves, paid the City $48,000 in permit fees for the final issue of permit in January. We want
that back. After all, it's our own money. And on top of that, the City staff has identified
presently that it has $280,000 available from its general funds to contribute to the amount. That
would leave a balance owed, essentially, of $302,000, of which my client is agreeing to receive
in payments over the next three years on the year anniversary from today of $100,000 the first
year anniversary, $100,000 the second year anniversary, and on the last anniversary date,
$102,000, without any interest. And all of us would bear our own expenses with respect to
attorney's fees. I think the neighbors are going to be disappointed about that, because I had
before publicly said that if we got our one point six million dollars back, we would go ahead and
reimburse them for that portion. But we're not getting our one point six million dollars back,
so... And I would urge that the City find another - find somehow to make Mr. Fletcher and his
clients as happy as they can. Essentially, what it's going to cost, what it's going to cost the City
to go back to 1981 out of City -generated funds is going to be $580,000, of which we're getting
three hundred and twenty over the next three years. I think that's a very good bargain for the
City of Miami. It's important to these people to preserve their neighborhood, and I think that
investment is deserved by these people.
(APPLAUSE)
Mayor Clark: You want the floor, Mr. De Yurre?
Commissioner De Yurre: I -think that, Mr. Mayor, if I may, that this is something that, you
know, I don't know if it's like, you know, "we're back".... What's that monster movie that says
233 June 9, 1994
AAA
"We're back"? And the guy, Freddy, keeps coming back. I've been at this... I've been in this
seat for seven years, just about, and J.L. and Miller, I guess they were here from the onset, since
'81, when this whole thing started. This neighborhood has suffered a lot psychologically, the
turmoil that has gone on. I feel that, again, like I've said all along, there are a number of things
that need to be looked at here. First of all, if this would have been a purchase, which is not what
we're talking about here, straight arm's length transaction, then it would have been a situation of
how much is it worth, and I'll pay it, and that's the end of that. But that's not the case here. Just
like you can have your grandfather give you a ring which may be worth twenty dollars, but you
think it's priceless, I think that's what we're dealing with here. We're dealing with the heart and
soul of a community. That property, to them, is priceless, depending on what happens to it. One
other point that is significant to me is the integrity of this Commission, of our government, in
dealing with developers. The developers have to know that they can rely on our decisions, that
they can come and invest their money, make Miami a better place to live in, and not think that
you don't know what the outcome is going to be. We need to make sure that that message is
clear, that we abide by our word, and we will not get into any games of down -zoning or up -
zoning or doing different things that are detrimental to the private sector. Thirdly, it's what I
have said in the beginning, the heart and soul of this community. They have been fighting with
their own money. They have spent countless hours dedicating themselves to this struggle, and
it's long overdue that we come to a culmination that will be satisfactory to them, that the
developer will feel that he has not been wronged, and that we, as government, stand by our
people, our community. We have worked long and hard to come to an understanding, and I
believe that what is being proposed here tonight is more than proper. In fact, they understand
that the City of Miami is strapped for cash, and we have been able to come to an understanding
as to payments over three years of three hundred thousand dollars, at no interest. I feel that this
is something that we should accept. I feel this is something for the good of the community, and I
feel that this community is going to walk out of here tonight feeling good about itself, and
feeling good about its government, and knowing that they, too, can rely on us to do the right
thing. So I'll just, you know, I'll make a motion...
Mayor Clark: Be more specific. The land is down -zoned back to R-2, which is duplex.
Commissioner Plummer: And who owns the land? Do we?
Commissioner De Yurre: They will own it.
Commissioner Plummer: So they're going to make a profit off of building three duplexes. In
other words, they're going to get nine hundred thousand, and nine hundred and eighty thousand.
Commissioner De Yurre: Nine -eighty.
Commissioner Plummer: Plus they're still going to own the land, they're going to sell the
duplexes, and they're going to make additional profit.
Mr. Odio: I just want to put on the record that we will be receiving taxes for sixty thousand
dollars a year, that we would...
Commissioner Plummer: For three duplexes?
Mr. Odio: Yes, sir. It is...
Commissioner Plummer: How do you get sixty thousand a year out of three duplexes?
Mr. Odio: They are valued at about six hundred thousand dollars. You have three duplexes
which, that's right, at today's market prices, what the City would be... The property would be
put in the tax rolls. Therefore, you would be generating sixty thousand dollars a year.
234 June 9, 1994
Mayor Clark: The street is returned back to the City.
Mr. Odio: Yes, sir.
Commissioner Plummer: Yeah. Mr. Mayor, if I may. You know, I have no qualms, and I have
no guilty conscience. I'm the only one - and I don't mean to be bringing it up - that voted from
day one against this project. But I do have a problem with exorbitant fees that are being paid.
Mr. Manager, I understand the one thing that you said to me earlier today is that you want to get
this behind you. And I guess the best thing to do is to try to get it behind us. Usually, though, in
a negotiation, they've made an offer, and we haven't had the right to negotiate or try to make a
better deal. Now, I'll ask you again, and I'm solely going to rely on your decision. You said
prior you would not give a dime more than six hundred thousand dollars.
Mr. Odio: To purchase the property.
Commissioner Plummer: OK, to purchase. But we're not even purchasing it with their offer.
We're not getting the property.
Mr. Odio: That's the point.
Commissioner Plummer: OK?
Mr. Odio: That's a completely different proposal.
Commissioner Plummer: Now, I ask you, on the record, Mr. Manager, what is your best
opinion - and I'm going to govern my vote on that - as to whether or not, in behalf of the people
of this City, is that the best offer or not?
Mr. Odio: I truly believe, and I have - I have no doubts about what I'm going to say - that we
have an obligation to that particular neighborhood, as we have obligations to all the other
neighborhoods.
Commissioner Plummer: I've had it for eight years - more than eight years, sir.
Mr. Odio: I'm not saying that you didn't. You asked me about me. I have to make my decision
based on myself. Legally, if I was asked - and I've said this all along - the State law prohibits
me from offering to purchase the property for more than that price that I mentioned. There's
also... But the Commission has the right to offer more to resolve a problem that has been caused
by past practices, with something that happened ten years ago.
Mayor Clark: By no one in this Commission.
Commissioner Plummer: No one, no.
Mr. Odio: No one in this Commission.
Mayor Clark: Not even including...
Mr. Odio: That's a fact.
Vice Mayor Dawkins: I beg to differ.
Mr. Odio: Oh, I'm sorry.
235 June 9, 1994
Vice Mayor Dawkins: J.L. Plummer and Miller Dawkins were a part of that problem. They
created the problem, not - not these. OK.
Mr. Odio: Yes, but you did not - you did not vote in favor of it.
Vice Mayor Dawkins: All right. OK.
Mr. Odio: I believe, and we've been talking upstairs, there is nothing... that this is a fair offer,
because - because cash out of pocket to the City of Miami, the real money, is five hundred and
eighty-two thousand dollars. Not only that, we put the property back into the tax rolls. We leave
them in the tax rolls. We get the street back. And I suggest, sir, that - you asked me a direct
question - that, yes, we should accept this and leave it, put it behind, and let this community go
back about their business.
Commissioner Plummer: I said I would predicate my vote on that.
Mr. Odio: I recommend it.
Commissioner Plummer: I vote for the motion, but I have to tell you, without question, I don't
think that it's fair. I don't think that it's a fair appraisal of the fairness to the City, nor to these
people, because each and every one of these people are also taxpayers.
Mayor Clark: Well, have you got...
Commissioner Plummer: And I think that we could maybe negotiate a better deal, but if this is
the best deal that we can do, that's what we got to do. Let's put it behind us.
Mayor Clark: Please, sir, please, sir. Now, just relax. J.L.
Commissioner Plummer: Yes, sir.
Mayor Clark: I look at it this way, and I've been involved in this political process for thirty-five
years in this community, part here and part with the County. And there's a certain amount of
good government that goes along with something like this. I know most of these people
personally, and have grown up with them over the past fifteen or twenty, thirty years.
Commissioner Plummer: Likewise.
Mayor Clark: And the problem is, if this goes to court - and I see an ace out there, because this
guy could turn around any court that I ever saw, John Fletcher - if this goes to court, I fear what
would happen after so much history of this being brought up and turned down, and brought up
and turned down, and sent back and turned down, where they're justified in receiving monies for
the work that they've done, because the City's always turned them down, always turned them
down. And if this went to court, they may be able to build a high-rise. I've seen that happen
many times in this City and this County. I believe the Manager has recommended a fair
settlement, and that's the proposal of Mr. Portuondo and his client.
Commissioner Plummer: Mr. Mayor, what I was hoping, just for the record...
Mayor Clark: Yes.
Commissioner Plummer: ... there was some discussion somewhere along the line that regardless
of whatever the price was, is that we were going to get the property, and that area was going to
236 June 9, 1994
be turned into a park. Now, I haven't heard a word about that. That was supposedly one of the
things that had been talked about, that we would get the property, it would be turned into a park,
it would be zoned for government, which means that it could never be used for anything but a
park in that area. Now, you know, we're not having any negotiations, whatsoever.
Mr. Odio: Yes, we did.
Mayor Clark: J.L., we could take the street. We're going to get the street back, and I don't
know how wide the right-of-way is there.
Commissioner Plummer: Well, there's no question, Mr. Mayor. I can tell you, I was here
originally, you could not build a high-rise without the street being a part and parcel of the - part
of the total property...
Mayor Clark: That's true, that's true, The City sold it to them.
Commissioner Plummer: ... because the property is a postage stamp. But all I was hoping was,
is that we could come about the possibility of acquiring that property, which for a million
dollars, in round numbers, is what we're doing, and that that property would become a park for
the people of that community. Now, I haven't heard a word about that. Mr. Manager, did you...
Mr. Odio: If you build a park, you would lose the property from the tax rolls. That means you
would lose sixty thousand dollars a year and...
Commissioner Plummer: We're losing a million now, so I...
Mr. Odio: ... and let me say this. They can speak for themselves. They would not have
accepted the six hundred thousand dollar price, so we would be in court.
Mayor Clark: All right. Let's move this.
Mr. Odio: So I believe me, Commissioner, I've been debating with this...
Mayor Clark: I had sleepless nights, too. All right. Mr. De Yurre, you're open.
Commissioner De Yurre: Mr. Mayor, I would move that we accept this offer, again, subject to
the down -zoning, that it actually occurs. Once that down -zoning occurs...
Mayor Clark: The street's back in the City's ownership.
Commissioner De Yurre: And then...
Mr. Maxwell: The whole thing, Mr. Mayor, would be subject to the applicant filing an
application - not the applicant, but the co -appellee in this case - the property owner, filing an
application to down -zone the property, and to amend the comprehensive plan. There is a
pending lawsuit right now which the property owners have with the City. They are
codefendants, co -appellees in this case, so the whole thing would be subject to that. This would
not be a normal purchase of the property, because that would be subject to other State
regulations.
Mayor Clark: John Fletcher.
Mr. John Fletcher: If I may... John Fletcher. Thank you. If I may, I have a suggestion on
handling that so we don't have to go through a clumsy process. We got partway through the
237 June 9, 1994
process, when it fell through, of down -zoning the property. All we need to do is stipulate in
court to a down -zoning with the property owner, and the City, and my clients. The City - the
Court will remand the matter back to the City, and the City can zone the property, predicated
upon our having been halfway there.
Mayor Clark: Mr. Portuondo, do you understand that?
Mr. Maxwell: We still...
Mayor Clark: No problem with that.
Commissioner Plummer: There's one thing you're forgetting.
Mr. Portuondo: I'm not as smart as Mr. Fletcher, but I understand it's already incorporated in
the agreement that I proposed.
Commissioner Plummer: There's one other area there that you've got to take into consideration,
and that's the reopening of the street. That's not part of the down -zoning.
Mr. Fletcher: Right, that's true. That would have to be a separate dedication by the property
owner.
Commissioner Plummer: That is correct.
Mr. Fletcher: That could simply be a dedication.
Commissioner Plummer: It would have to be rededicated back to the City.
Mr. Fletcher: Right. That would have to be part of the agreement.
Commissioner De Yurre: Mr. Mayor...
Mayor Clark: Mr. De Yurre incorporates all this in his motion, right?
Commissioner De Yurre: Yes, I do, Mr. Mayor.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: I'm sorry I interrupt. You know, in all due respect to Mr. Fletcher, I don't think
that that would preclude the public hearing process for the down -zoning, nor for the comp. plan
change, so it would still have to be all subject to that.
Mayor Clark: You could use this one, John. John.
Mr. Odio: Can you also say that all lawsuits are dropped, there is no... and a promise of no more
filing of lawsuits?
Mr. Fletcher: If I may.
Mayor Clark: Please, John. Please.
Mr. Fletcher: I'm sorry, I didn't mean to interrupt. I'm sorry.
238 June 9, 1994
PON
Mr. Odio: I was going to ask you a question. And this includes all lawsuits being dropped, and
promises of no future lawsuits based on this issue?
i Mr. Fletcher: Exactly. There could be two ways of doing that. And, Joel, if I may, we got
halfway through the hearings when the matter was dropped and...
Mr. Maxwell: What we got through was... That was simply a hearing on the study.
1
Mr. Fletcher: Well, actually... All right.
Mr. Maxwell: And we never got the... No, there was no application pending.
Mr. Fletcher: I agree with you on that. But if that would save time, we could do it that way. If
not, the property owner could simply agree to be an applicant, and not withdraw his application.
We could put our lawsuit on the back burner until it was accomplished, and then dismiss the
lawsuit once it's down -zoned.
Mr. Maxwell: But see, there was no application pending. He... There was no application for
him to withdraw or not to withdraw.
Mr. Fletcher: No, no. What I'm saying is, now, if you don't like the way I suggested, then the
property owner can file an application to down -zone the property.
Mr. Maxwell: That's exactly what I'm suggesting.
Mr. Fletcher: Right. Go through that process, put the lawsuit on the back burner, pending the
outcome of that, and when the property is down -zoned, dismiss the lawsuit.
1 Mayor Clark: All right.
iMr. Maxwell: Fine.
Commissioner De Yurre: So moved.
Mr. Maxwell: That's exactly what we're saying.
Commissioner De Yurre: And, of course, waive whatever fees there are in the application
process.
Mayor Clark: All right. Motion by Mr. De Yurre.
Mr. Manuel Gonzalez-Goenaga: May I be recognized? This is a public hearing. Could I make
my comments?
Mayor Clark: If you have a couple of minutes to add some wisdom to it.
Mr. Gonzalez-Goenaga: No, no, no. I am going to add something very important.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: I think that this... I urge this Commission to arrive at a fair and
equitable result for one particular reason. We cannot let ourselves be governed by past practices.
The past bad practices of this Administration are very well known, and also present practices.
239 June 9, 1994
And I was at the Metro Commission today regarding the FEMA (Federal Emergency
Management Agency) issues.
Mayor Clark: God bless you.
Mr. Gonzalez-Goenaga: There is going to be a lot of problems with FEMA.
Mayor Clark: Well, if you can suffer through that in one day, you're a fortunate man. Mr. De
Yurre has a motion.
Commissioner Plummer: Can I ask a question?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Portuondo, are you going to re...
Mayor Clark: No. Mr. Portuondo.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Commissioner Plummer: Are you going to reimburse the Roads Section people the money that
they have spent and paid for a lawyer?
Mr. Portuondo: No, sir.
Commissioner Plummer: That's not part of the parcel?
Mr. Portuondo: No, sir.
Commissioner Plummer: Don't you think you ought to consider that?
Mr. Portuondo: Sir, if you increase it fifty thousand dollars, I'd be happy to do that. We have
one point six million dollars in the venture, and we're not getting our money back - we've got
one point seven million.
Commissioner Plummer: I just think that they've spent the money, and they paid for Mr.
Fletcher, that you ought to consider them in...
Mr. Portuondo: I'll split it with you. How does that sound?
Mr. Maxwell: Don't, don't...
Commissioner Plummer: That sounds reasonable. At least they got something.
Mr. Portuondo: I'll split it with you. We can split it.
Mayor Clark: All right. That's fair enough.
Commissioner Plummer: That's fair enough.
Mayor Clark: Motion by Mr. De Yurre. Is there a second to his motion? I'll second his motion.
Commissioner Gort: I'll go ahead and I'll second his motion. I'll second his motion. And I feel
like J.L., that it's not fair to the City, but at the same time, I feel that the City made a mistake
when they did the zoning, and that's something that we have to try to fix up.
240 June 9, 1994
Vice Mayor Dawkins: Under discussion, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: J.L. Plummer and I were the two here when this began. Now, we may
hear that we have paid an excessive amount of money for the land, but we will not have
compensated the neighbors for the pain and suffering that was caused by this Commission. At
the very beginning, Swire was supposed to put a hundred units of low income housing on
Claughton Island. This Commission allowed Swire to come off the hook for a lousy three
million dollars. And that three million dollars was divided, and a part of it was given to Liberty
City, part of it to Little Havana, and a part was given to the Roads. At that time, the Roads said
they did not want any low rent housing. This Commission went along with everybody else, and
called them racists, and called them everything. They said, no. Well, OK. Then they said, we
will accept senior housing. Then we went through that, and they patiently went through that.
Then when it went from low rent housing, it went to the Vizcatran. They suffered through that.
Now, there will be those who will say that we're paying an excessive amount of money for a
piece of land, but I think - and if I'm in error, I would like for Mr. Fletcher to correct me - I think
those who have been affected feel vindicated by us paying this amount of money for this land to
solve the problem. So although... Every vote we make up here, we make some people happy,
we make some people angry. So this vote today, we hope to make you happy.
(APPLAUSE)
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-429
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
241 June 9, 1994
R
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.
(APPLAUSE)
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting yes, and I have to stipulate for the record that I'm not proud
of the deal, but I'm voting yes for the people of the area. I voted with them all of the time, and
I'll vote with them this time. But I have to be truthful. I don't... I'm not proud of the deal.
Mayor Clark: All right.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Sir, that hearing is over.
Unidentified Speaker: Is the agenda closed? I wanted to get permission to speak.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: What's that?
Vice Mayor Dawkins: The City Attorney is trying to say something.
Mr. Maxwell: Just a point of clarification on that item. I need it to be abundantly clear on the
record, the whole thing is "subject to"...
Mayor Clark: Absolutely.
Mr. Maxwell: ... and should not be consummated until such time as the whole rezoning and
comp. plan change is completed, including...
Mayor Clark: Absolutely. John understands that, too.
Mr. Maxwell: ... including any appeals that may be taken therefrom, and approval by DCA
(District Court of Appeal).
Vice Mayor Dawkins: That's correct, sir.
Mayor Clark: Fine. Please...
242 June 9, 1994
Vice Mayor Dawkins: The Manager is trying to say something, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Odio: No. When you're finished, I would like to say something else.
Mayor Clark: I've got a short item here by Mr. Gort. That's all, folks, thank you all for coming
down. God bless you. See you in the movies.
----------------------------------------------------------------------------------------------------------------
69. AMEND 94-333 -- AUTHORIZE DONATION OF SURPLUS CITY VEHICLE
TO THE MODEL CITY SUBCOUNCIL.
Commissioner Gort: If you remember, last time we were here, the Crime Prevention Council of
the City of Miami, the Model City Sub -Council...
Mayor Clark: Yes.
Commissioner Gort: ... requested that we... a car be given to them, in order to help them to
patrol.
Mayor Clark: What do you want? What do you need?
Commissioner Gort: I need a resolution to be read. And we all were in favor of having a car
given to the sub -council, Model City Sub -Council, and there's a resolution we need to pass.
Vice Mayor Dawkins: I second it, whatever it is, but we aren't going to get anything. We aren't
going to get anything. OK?
Mayor Clark: Motion, second, no objection. Cast a unanimous ballot, Willy.
Mr. Joel Maxwell (Assistant City Attorney): For the record, it's amending Resolution Number
94-333 to...
Mayor Clark: Folks, please, let's have your attention. Outside. What is it, Cesar?
Mr. Maxwell: For the record, it's amending Resolution 94-333, to add...
A. Quinn Jones, III (City Attorney): Model City...
Mr. Maxwell: ... Model City...
Commissioner Gort: Model City Sub -Council.
Mayor Clark: All right. He's got it. It passed unanimously.
243 June 9, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-430
A RESOLUTION AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 94-333,
ADOPTED MAY 5, 1994, WHICH CLASSIFIED ONE CITY OF MIAMI VEHICLE
AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH VEHICLE BECOME
AVAILABLE, AND DONATING SAID SURPLUS VEHICLE TO THE RAINBOW
VILLAGE/TOWNPARK RESIDENT ASSOCIATION, INC., THEREBY
CLASSIFYING ONE (1) ADDITIONAL VEHICLE AS CATEGORY "A" SURPLUS
STOCK, SHOULD SUCH VEHICLE BECOME AVAILABLE, AND DONATING
SAID ADDITIONAL VEHICLE TO THE MODEL CITY SUB -COUNCIL; SUCH
DONATION TO BE VALID AND EFFECTIVE BETWEEN MAY 5, 1994 AND MAY
4, 1995, UPON THE EXECUTION OF THE APPROPRIATE RELEASE
DOCUMENTS.
(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.
----------------------------------------------------------------------------------------------------------------
70. URGE ORANGE BOWL COMMITTEE NOT TO MOVE THE ORANGE
BOWL CLASSIC FOOTBALL GAME TO THE JOE ROBBIE STADIUM.
-------------------------------- --------------------------------------------------------------------------------
Cesar Odio (City Manager): On the Orange Bowl, sir.
j Mayor Clark: Yeah.
Mr. Odio: I wanted to ask you.
i
Vice Mayor Dawkins: Go right ahead, sir.
Mr. Odio: I just saw a resolution that has been proposed by Bruce Kaplan in the County, with
the support, I believe, of Commissioner Larry Hawkins, and I don't know if maybe it's a good
idea that you consider a resolution sent to the Orange Bowl Committee at some point, weigh it
out... They do have parades and other needs from the City. There is a movement, there is a
movement in the Orange Bowl Committee to move the game to Joe Robbie Stadium.
244 June 9, 1994
Commissioner Gort: To move the Orange Bowl out.
Mayor Clark: Yeah, we know that.
Commissioner Plummer: What is Kaplan and Larry Hawkins' proposal?
Mr. Odio: They are asking the Orange Bowl Committee not to move the game, and if they do,
they are going to cancel any and all fundings to the Orange Bowl Committee that they, the
County, would provide.
Commissioner Plummer: What would be proper for us to do?
i
Mayor Clark: We'll make the same motion he made, pass the same...
Vice Mayor Dawkins: I second it.
Mr. Odio: There was... Who has a copy of that? Do you have it? There is a copy, because
we...
Mayor Clark: Same resolution that they passed, we ditto that.
Commissioner Plummer: So moved.
Mayor Clark: Moved and seconded. Cast a unanimous ballot. No funds to be expended through
the City if the game is sent to the Joe Robbie Stadium.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-431
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE
ORANGE BOWL COMMITTEE TO KEEP THE ORANGE BOWL CLASSIC
FOOTBALL GAME AT THE ORANGE BOWL STADIUM; FURTHER DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
PRESIDENT OF THE ORANGE BOWL COMMITTEE.
(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.
Vice Mayor Dawkins: I move we adjourn.
245 June 9, 1994
MR
Mayor Clark: Absolutely. OK.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:36 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
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246 June 9, 1994