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OF MEETING FIEF ON ,juNF.. 30 1994
PLANNING AND -ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIAAI
City Clerk
w
INDEX
MINUTES OF REGULAR MEETING
June 30, 1994
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION 1-2
SPECIAL ITEMS.
6/30/94
2.
PERSONAL APPEARANCE: MUSICAL
DISCUSSION 2-3
RENDITION BY MS. ELSA ALBERTO OF
6/30/94
A SONG DEDICATED TO THE CITY
WHICH SHE BELIEVES WILL PROMOTE
MIAMI.
3.
(A) CONSENT AGENDA -- PERSONAL
DISCUSSION 3-6
APPEARANCE OF THE HONORABLE
6/30/94
ARNALDO ALEMAN (MAYOR OF MANAGUA,
NICARAGUA)
(B) DISCUSSION CONCERNING
ADDITIONAL DONATION OF FIRE GEAR
TO THE CITY OF MANAGUA, REPUBLIC
OF NICARAGUA -- COMMISSION
DIRECTS ADMINISTRATION TO DONATE
30 SURPLUS CITY GARBAGE TRUCKS AS
FOLLOWS: (a) TEN OF SAID TRUCKS
SHALL BE EARMARKED FOR HAITI; (b)
TEN FOR SANTO DOMINGO, AND (c)
TEN TO BE SPECIFICALLY EARMARKED
IN THE FUTURE.
3.1
DONATE TEN SURPLUS GARBAGE
R 94-432 6
PACKING TRUCKS (AS CATEGORY "A"
6/30/94
STOCK) TO SISTER CITY MANAGUA,
REPUBLIC OF NICARAGUA, PLUS
MISCELLANEOUS FIRE GEAR IN
SUPPORT OF ITS MUNICIPAL
SANITATION EFFORTS.
3.2
AUTHORIZE ACCEPTANCE OF A PASS-
R 94-433 6-7
THROUGH GRANT FROM METROPOLITAN
6/30/94
DADE COUNTY ($3,200) -- FOR
PRODUCTION / PROMOTION OF ROYAL
POINCIANA FIESTA TO BE HELD JUNE
10-19, 1994.
3.3 AUTHORIZE ENGAGEMENT OF LAW FIRM
R 94-434
ECKERT SEAMANS CHERIN & MELLOT TO
6/30/94
SERVE AS COUNSEL FOR CITY OF
MIAMI, JORGE L. FERNANDEZ AND A.
QUINN JONES, III -- IN POST -TRIAL
AND APPELLATE MATTERS IN
CONNECTION WITH THE CASE OF PERRY
L. ANDERSON, JR. VS. CITY OF
MIAMI, JORGE L. FERNANDEZ, AND A.
QUINN JONES, III (CASE NO. 92-
0435-CIV-GRAHAM) -- ALLOCATE
$25,000.
3.4 AUTHORIZE APPLICATION TO THE
R 94-435
FLORIDA INLAND NAVIGATION
6/30/94
DISTRICT ("FIND"), UNDER SAID
AGENCY'S WATERWAYS ASSISTANCE
PROGRAM FOR GRANT FUNDING
($75,590) FOR BAYWOOD PARK
SHORELINE ENHANCEMENT PROJECT.
4. ACCEPT DONATION TO THE CITY OF MIAMI OF R 94-436
20 OAK TREES BY REED LANDSCAPING, INC. 6/30/94
5. REFER TO ADMINISTRATION FUNDING REQUEST M 94-437
BY REPRESENTATIVES OF NEW WOMAN 6/30/94
ENTREPRENEUR CENTER -- DIRECT
ADMINISTRATION TO MEET WITH MRS.
BETTINA RODRIGUEZ AGUILERA IN TRYING TO
ACCOMMODATE HER REQUEST.
6. AUTHORIZE CITY MANAGER TO ENTER INTO R 94-438
AGPMENT WITH DIAZ TOWING TO PROVIDE 6/30/94
TOWING / WRECKER SERVICES FOR ZONE 7 IN
ORDER TO ALLOW SAID COMPANY TO BE ONE
OF THE BACKUP SERVICES AT THE TIME.
7. BRIEFLY DISCUSS AND DEFER CONSIDERATION M 94-439
OF Ca44ERCIAL SOLID WASTE ACCOUNTS 6/30/94
UNTIL RFP BIDS ARE RECEIVED IN ORDER TO
DETERMINE THE MOST COST-EFFECTIVE
SOLUTION FOR THE CITY.
8. MAYOR STEPHEN P . CLARK IS DISCUSSION
PRESENTED WITH TOURNAMENT 6/30/94
THEODORE R. GIBSON ETHNIC UNITY
URBAN LEAGUE MAYOR'S CUP
CHALLENGE AWARD.
7
7-8
m.
10-13
13-17
18-20
all
9.
DISCUSS AND DEFER (TO A MEETING
M 94-440
21-24
PRIOR TO OCTOBER 1, 19 94)
6/30/94
CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND CODE
SECTION 22-12 (WASTE FEES), TO
ESTABLISH AN ANNUAL RESIDENTIAL
RECYCLING FEE FOR ALL SINGLE
DUPLEX RESIDENCES.
10.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
24-25
ARTICLE XI, SECTIONS 54-198 AND 54-201,
FIRST READING
CONCERNING USE OF PUBLIC RIGHTS -OF -WAY
6/30/94
FOR INSTALLATION OF PAY TELEPHONES, TO
CLARIFY / CORRECT REQUIRU494 'S FOR
PERMIT APPLICATION FEES AND FOR
LOCATION PLANS FOR INSTALLATION OF PAY
TELEPHONES IN THE PUBLIC RIGHTS--OF-WAY.
11.
SECOND READING ORDINANCE: AMEND 11139,
ORDINANCE
25-26
BY ESTABLISHING APPROPRIATIONS FOR
11161
CAPITAL IMPROVEMENT PROTECT: WATSON
6/30/94
ISLAND SANITARY SEWERS, IN THE MOUNT
OF $2,000,000.
12.
AUTHORIZE EXECUTION OF CONTRACTUAL
R 94-441
26-27
AGREEMENT WITH DOWNIUM MIAMI
6/30/94
PARTNERSHIP (FORMERLY DMBA) -- TO
REHABILITATE 81 BUSINESSES IN
ACCORDANCE WITH THE COMMERCIAL FACADE
TREATME U PROGRAM -- ALLOCATE $113,400
FROM CDBG - COMMERCIAL FACADE
REVITALIZATION PROGRAM FUNDS.
13.
ALLOCATE $145,000 OF PREVIOUSLY
R 94-442
27-28
APPROPRIATED 20TH YEAR C=4UNITY
6/30/94
DEVELOPMENT BLOCK GROWL' (CDBG) FUNDS,
AS FOLLOWS: (a) $60,000 TO MdISH
FAMILY SERVICES, INC. (FOR CITYWIDE
SENIOR CRIME WATCH PROGRAM) ; AND (b)
$85,000 TO THE GREATER MIAMI YOUTH
SERVICES CORPS, INC. (FOR A PUBLIC
IMPROVEME U PROGRAM) -- EXECUIE
INDIVIDUAL AGREEMENTS.
ALLOCATE $1,857,755 OF 20TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS AND $238,459 OF
INDIRECT COSTS FROM THE AFORESAID
GRANT FUNDS (AS PREVIOUSLY
APPROPRIATED BY ORDINANCE 11136)
FOR APPROVED SOCIAL SERVICE
PROJECTS: (Note: funded were: (A)
ACTION COMMUNITY CENTER, INC.;
(B) ALLAPATTAH COMMUNITY ACTION,
INC.; (C) ALTERNATIVE PROGRAMS,
INC.; (D) ASPIRA OF FLORIDA,
INC.; (E) ASSOCIATION FOR THE
DEVELOPMENT OF THE EXCEPTIONAL;
(F) ASSOCIATION FOR THE USEFUL
AGED, INC.; (G) BETTER WAY OF
MIAMI, INC.; (H) CATHOLIC
COMMUNITY SERVICES, INC.: (i)
CENTRO MATER CHILDCARE, (ii) TEEN
OUTREACH PROGRAM, (iii) L.H.
COMMUNITY CENTER CHILDCARE, (iv)
NOTRE DAME DAY CARE, AND ( v ) SAN
JUAN DE PUERTO RICO DAY CARE AND
NEIGHBORHOOD CENTER; (I) CURE
AIDS NOW, INC.; (J) FIRST UNITED
METHODIST CHURCH, INC. (K)
HAITIAN AMERICAN CIVIC
ASSOCIATION, INC.; (L) HAITIAN
AMERICAN COMMUNITY ASSOCIATION OF
DADE COUNTY, INC.; (M) HISPANIC
COALITION, INC.; (N) JAMES E.
SCOTT COMMUNITY ASSOCIATION, INC.
(JESCO); (0) KIDCO, INC. (P)
LIONS HOME FOR THE BLIND
FOUNDATION; (Q) LITTLE HAITI
HOUSING ASSOCIATION, INC. (R)
LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTERS, INC. (i)
ELDERLY HOT MEALS, AND (ii) PRO
SALUD; (S) MIAMI COALITION FOR
THE HOMELESS; (T) MIAMI JEWISH
HOME AND HOSPITAL FOR THE AGED,
INC.; (U) MIAMI MENTAL HEALTH
CENTER, INC.; (V) OVERTOWN
OPTIMIST CLUB; (W) SOUTHWEST
SOCIAL SERVICES, INC.; (X) ST.
AGNES RAINBOW VILLAGE, INC. (i)
SUMMER CAMP, AND (ii) CHILD CARE;
AND (Y) ST. ALBAN'S DAY NURSERY,
INC. -- EXECUTE AGREEMENTS.
R 94-443 29-30
6/30/94
15.
(A) AUOCATE $48,600 (OUT OF 20TH YEAR
R 94-444
CON4UNITY DEVELOPMENT BLOCK GRANT
M 94-444.1
(CDBG) FUNDS) TO DE HOSTOS SENIOR
6/30/94
CENTER -- TO OPERATE PROGRAM FOR THE
j
ELDERLY IN WYNWOOD TARGET AREA FOR THE
PERIOD 7/1/94 - 7/30/95)-- E)MCUTE
AGREEMENT.
(B) DIRECT CITY MANAGER TO REQUIRE DE
HOSTOS SENIOR CENTER TO PROVIDE THE
CITY WITH A THREE-MONTH PROPOSED BUDGET
AND DIRECT THAT FUNDS BE RELEASED BY
THE CITY ONLY UPON PRESENTATION OF
PERTINENT INVOICES.
16.
ALLOCATE FUNDS FROM COMMUNITY
R 94-445
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO
6/30/94
THE TRI CITY COMMUNITY ASSOCIATION,
INC. -- FOR ITS HC HE IMPROVEMENT
PROJECT FOR LOW INCCM'!E PERSONS --
EXECUTE AGREEMENT.
17.
ALLrO(ATE $242,180 OF PREVIOUSLY
R 94-446
APPROPRIATED 20TH YEAR COMMUNITY
6/30/94
DEVELOPMENT BLACK GRANT (CDBG) FUNDS AS
GRANTS/LOANS (PER ORDINANCE 11136) FOR
PREVIOUSLY APPROVED PHYSICAL
IMPROVEMENTS PROJECTS: (a) ASSOCIATION
FOR THE DEVELOPMENT OF THE EXCEPTIONAL,
INC.; AND (b) LITTLE HAVANA ACTIVITIES
AND NUTRITION CENTERS OF DADE COUNTY,
INC. -- EKECUTE AGREEMED17S.
18.
AUTHORIZE EXECUTION OF PROFESSIONAL
R 94-447
SERVICES AGREEMENT WITH MRA
6/30/94
INTERNATIONAL, INC. -- TO PREPARE A
CONCEPTUAL REDEVELOPMENT PLAN FOR THE
DINNER KEY AREA PROPERTIES, INCLUDING
VIRRICK GYM, DINNER KEY BOATYARD AND
MARINA, AND OTHER SURROUNDING PROPERTY
OWNED BY THE CITY ($50,000).
19.
DECLARE MOST ADVANTAGEOUS METHOD TO
R 94-448
DEVELOP CERTAIN IMPROVEMENTS ON CITY-
6/30/94
OWNED WATERFRONT LAND IS BY UNIFIED
DEVELOPMENT PROJECT (UDP) -- SET PUBLIC
HEARING TO TAKE TESTIMONY REGARDING
SAID RE? FOR DEVELOPMENT OF A MEGA
YACHT MARINA AND RELATED USES ON CITY -
OWNED WATERFRONT PROPERTY LOCATED AT
WATSON ISLAM.
30-33
34-37
38
39-44
44-46
20.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
CONSIDERATION OF PROPOSED
6/30/94
RESOLUTION TO ACCEPT
RECOMMENDATION OF THE CITY'S
AUDIT ADVISORY COMMITTEE'S
RANKING OF THE TOP THREE TEAMS OF
CERTIFIED PUBLIC ACCOUNTING FIRMS
PROPOSING SERVICES AS EXTERNAL
AUDITORS FOR THE CITY OF MIAMI,
ETC.. (See label 22)
21.
AUIHORIZE ISSUANCE OF REQUEST FOR
R 94-449
PROPOSALS (RFP) FOR SOLID WASTE
6/30/94
COLLECTION SERVICES, INCLUDING
RECYCLING -- CITY MANAGER DIRECTED TO
HOLD AN INFORMATIONAL MEETING AT CITY
HALL FOR THE PUBLIC'S INPUT.
22.
(Continued discussion) RESOLUTION
R 94-450
TO ACCEPT CITY'S AUDIT ADVISORY
6/30/94
COMMITTEE'S RANKING OF TOP 3 CPA
FIRMS PROPOSING SERVICES AS THE
CITY'S EXTERNAL AUDITORS --
MANAGER DIRECTED TO EXTEND
PRESENT CONTRACT WITH DELOITTE
TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS; SHARPTON, BRUNSON &
CO., P.A.; VERDEJA AND GRAVIER,
P.A., AND WATSON AND CO., P.A.
FOR ONE ADDITIONAL YEAR AT THE
SAME LEVEL OF COMPENSATION IN
ORDER TO DEVELOP NEW RFP. (See
label 20)
23.
AUTHORIZE FINAL PAYMENT TO LAW OFFICE
R 94-451
OF FINE, JACOBSON, SCHWARTZ, NASH,
6/30/94
BLOCK AND MW3L,AND ($171,199.51) -- FOR
SERVING AS COUNSEL FOR THE CITY BEFORE
U.S. DISTRICT COURT IN CONNECTION WITH
CASE OF PERRY L. ANDERSON, JR. VS. CITY
OF MIAMI, JORGE L. FERNANDEZ, AND A.
QUINN JONES, III (CASE NO. 92-0435-CIV-
GRAHAM) -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
24.
AUTHORIZE PAYMENT TO BAKER & McKENZIE
R 94-452
($19,464.49) -- FOR LEGAL SERVICES
6/30/94
RENDERED IN CONNECTION WITH THE
EXPENDITURE OF FUNDS FOR F.E.C.
BICENTENNIAL PORT PARK PROJECT --
AUTHORIZE ADDITIONAL LEGAL WORK NO►r TO
EXCEED $10,000.
46-47
47-51
51-60
60-61
62-63
25.
ACCEPT PLAT: OAK SHADOW.
R 94-453
63-77
6/30/94
26
PERSONAL APPEARANCE: MR. W .
DICCUSION
63-77
TUCKER GIBBS TO DISCUSS OAK
6/30/94
SHADOW PLAT (LOCATED AT EMATHLA
STREET AND SECOFFEE STREET, IN
COCONUT GROVE).
27.
PERSONAL APPEARANCE: MR. JEFFREY B.
DISCUSSION
63-77
DEGEN TO DISCUSS LOT SPLIT ON 2801
6/30/94
EMATHLA STREET, COCONUT GROVE.
28.
ACCEPT BID: NORTH AMERICAN EQUIPMENT
R 94-454
77-78
SYSTEMS, INC. (d/b/a BOBCAT OF
6/30/94
MIAMI) -- FOR FURNISHING TWO SKID STEER
LOADERS (29,095.98) -- FOR DEPARTMENT
OF PUBLIC WORKS -- RATIFY CITY
MANAGER'S AUTHORIZATION TO TRANSFER
C"UNITY DEVELOPMENT FUNDS TO PUBLIC
WORKS NEW EQUIPMENT ACCOUNT FOR THIS
PURPOSE.
29.
AUTHORIZE NEGOTIATION / EXECUTION OF
R 94-455
78-79
PROFESSIONAL SERVICES AGREEMENT WITH
6/30/94
POST, BUCKLEY, SCHUH AND JERNIGAN,
INC. -- FOR A FEASIBILITY STUDY TO
CONSOLIDATE SELECTED CITY MAINTENANCE
FUNCTIONS OF THE CITY OF MIAMI
MUNICIPAL SHOPS -- ALLOCATE FUNDS FROM
CIP 311018.
30.
(A) DESIGNATE MURCIA, SPAIN, AS A
R 94-456
79-81
SISTER CITY.
6/30/94
(B) COMMISSIONER DE YURRE SUGGESTS TO
THE ADMINISTRATION THAT THE CITY SHOULD
MOVE EXPEDITIOUSLY IN ALSO MAKING
MIRANDA, VENEZUELA AND SUSA, TUNISIA
SISTER CITIES WITH OUR CITY.
31.
WAIVE CITY CODE PROHIBITION (AS
R 94-457
81-82
CONTAINED IN SECTION 2-302) AS IT
6/30/94
APPLIES TO MR. LEON LEONARD (POLICE
DEPARTMENT.' EMPLOYEE) -- TO PARTICIPATE
IN THE CITY'S CDBG ASSISTED SINGLE
FAMILY REHABILITATION LOAN PROGRAM,
WITH PROVISOS.
32.
PERSONAL APPEARANCE: REYNOLD
DISCUSSION
82-86
MARTIN, AS REPRESENTATIVE FOR THE
6/30/94
BLACK FIREFIGHTERS ASSOCIATION ON
PRESENT HIRING AND PROMOTIONAL
PRACTICES.
33.
(A) FUNDING REQUEST BY MR. DAVID
DISCUSSION
ALEXANDER, COCONUT GROVE LOCAL
6/30/94
DEVELOPMENT CORPORATION, FOR A
PUBLIC HOUSING PROGRAM IN THE
COCONUT GROVE AREA -- REFERRED TO
CITY MANAGER TO A RECOMMENDATION.
(B) BRIEF DISCUSSION CONCERNING
THE ST. HUGH OAKS PROJECT --
URGE CITY MANAGER TO FIND A WAY
TO INVOLVE BLACK WORKERS IN THE
PROJECT.
34.
(A) STATUS REPORT ON THE NORTH
DISCUSSION
POLICE SUBSTATION BY MAYOR
6/30/94
GWENDOLYN BOYD, COMMANDER OF THE
NORTH DISTRICT POLICE SUBSTATION.
(B) PERSONAL APPEARANCE: MR.
THELBERT JOHNAKIN, PRESIDENT OF
THE MODEL CITY CRIME PREVENTION
SUB -COUNCIL AND TASK FORCE TO
DISCUSS CITY'S HIRING PRACTICES.
35.
RESCHEDULE SECOND REGULAR CITY
R 94-459
CCMnSSION MEETING OF JULY TO TAKE
6/30/94
PLACE ON JULY 26, 1994, AT 9:00 A.M.
36.
COMMISSIONER J.L. PLUMMER BRIEFLY
DISCUSSION
TRIES TO INTRODUCE POCKET ITEM
6/30/94
RESOLUTION ACCEPTING A BID OF
PROPOSAL FOR MARINE IMPROVEMENTS
AT WATSON ISLAND MARINA YACHT
CLUB -- VICE MAYOR DAWKINS
INVOKES 5-DAY RULE.
37.
RESCIND RESOLUTION 94-368 WHICH HAD
R 94-460
AWARDED BID TO WGMC, OF PALM BEACH, FOR
6/30/94
FURNISHING ONE CAB AND CHASSIS FOR A 25
YARD REFUSE PACKER.
38.
BRIEF DISCUSSION CONCERNING
DSICUSSION
INSURANCE BENEFITS FOR ATTORNEYS
6/30/94
PRESENTLY ADVISING CITY BOARDS.
39.
CLASSIFY 98 STREET HAWK LIGiTBARS
R 94-461
(MODEL NO. S1) AS CATEGORY "A" SURPLUS
6/30/94
STOCK, SHOULD THEY BECOME AVAILABLE --
STIPULATE THAT SAID LIGH BARS SHALL BE
DONATED TO THE FRATERNAL ORDER OF
POLICE (FOP) -- TO BE SOLD AMID TO USE
SAID PROCEEDS STRICTLY FOR THE FOR
ESTABLISHMENT OF A POLICE REWARD FUND.
86-89
94-99
99-100
100-101
101-102
102-104
40. CLARIFYING COMMENTS BY MAYOR
CLARK CONCERNING CONDUCT OF
PUBLIC HEARING SCHEDULED FOR THE
AFTERNOON MEETING SESSION
CONCERNING APPEAL OF SPECIAL
EXCEPTION GRANTED BY ZONING BOARD
TO PERMIT A TEMPORARY CARE
FACILITY FOR THE HOMELESS AT 1500
N. MIAMI AVENUE. (Applicant(s):
Dade County School Board /
Community Partnership for the
Homeless, Inc. Appellant(s):
Frank Martel, Hal Kluger, Richard
Sprague, Leif Griffin, Dave
Exter, Rick Shiffman, the Omni,
Edgewater, Overtown, Wynwood
Community Improvement
Association, Inc.) (See label 49)
41. ESTABLISH $10,000 REWARD FROM CITY OF
MIAMI FOR INFORMATION LEADING TO ARREST
AND CONVICTION OF INDIVIDUALS WHO
TERRORIZED POLICE OFFICER'S FAMILY
(SAID REWARD TO BE REVIEWED FOR
POSSIBLE EXTENSION AFTER OCM13ER 1,
1994).
42. DISCUSS AND CONTINUE (FOR FURTHER
INFORMATION) CONSIDERATION OF
PROPOSED RESOLUTION REQUESTING A
SPECIAL EXCEPTION (ORDINANCE
11000, ARTICLE 9, SECTION 931 -
DRIVE -THROUGH AND DRIVE-IN
ESTABLISHMENTS; CAR WASHES;
REQUIREMENTS FOR RESERVOIR
SPACES, ETC) AT 700 N.W. 54
STREET [ZONED C-1 RESTRICTED
COMMERCIAL] TO ALLOW A DRIVE -
THROUGH RESTAURANT FACILITY WITH
A REDUCTION AS TO REQUIRED NUMBER
OF PARKING SPACES. (Applicant:
Robert G. Brown.)
43. APPROVE REQUEST FOR SPECIAL EXCEPTION
TO REDUCE NUMBER OF REQUIRED NUMBER OF
PARKING SPACES AT DRIVE -THROUGH
FACILITY LOCATED AT 2 N.E. 79 STREET,
ZONED C-1 RESTRICTED CONMERCIAL.
(Applicant(s): Chevron U.S.A., G.P.
Thurmond, T.P.G. Taylor Corp.)
DISCUSSION
6/30/94
R 94-462
6/30/94
DISCUSSION
6/30/94
R 94-463
6/30/94
108-110
116-117
44. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO AMEND R-80-3341
REGARDING LA SANTA MARIA
RESIDENTIAL PROJECT (1643
BRICKELL AVENUE), SEEKING A
MODIFICATION OF THE WATERFRONT
CHARTER AMENDMENT TO WAIVE
PRESENT CITY CHARTER WATERFRONT
SETBACK AND SIDEBACK REQUIREMENT
PROVISIONS. (Applilant(s): SM
Brickell Limited Partnership.)
(See label 47)
45. DISCUSS AND CONTINUE (TO JULY
26TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION CONCERNING
APPEAL OF ZONING BOARD'S GRANTING
OF VARIANCES TO PERMIT YARD
SETBACK OF 1.84' AND ROOF
OVERHANG PLUS PERMANENT
STRUCTURAL PROJECTIONS FROM
BUILDINGS FOR AN EXISTING ROOFED
TERRACE, FOR A LEGAL
NONCONFORMING DUPLEX RESIDENCE
LOCATED AT 1618-1620 S.W. 18
STREET, ZONED R-1 SINGLE FAMILY
RESIDENTIAL. (Applilant(s):
Carlos M., Mercedes & Maria A.
Calvo. Appellant(s): 0. & D.
Abad & H. Rodriguez.)
46. DISCUSS AND CONTINUE
CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL SPECIAL
EXCEPTION GRANTED BY ZONING BOARD
TO ALLOW ONE ADDITIONAL DWELLING
UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA FOR A LOT
SIZE OF 7,887 SQUARE FEET LOCATED
AT 630-632 S.W. 19 ROAD; UNTIL
APPLICANT CAN BE PRESENT AT THE
HEARING TO ANSWER QUESTIONS IN
CONNECTION WITH HIS APPEAL.
(Applicant(s): Miriam D. Miles.
Appellant(s): Jose M. Pineda.)
DISCUSSION
6/30/94
DISCUSSION
6/30/94
M 94-464
6/30/94
118-121
121-127
127-140
! 47. (Continued discussion) GRANT REQUEST
R 94-465
FOR MODIFICATION OF EXISTING WATERFRONT
6/30/94
CHARTER AMENXIENT, AMEND R-80-334,
PERTAINING TO LA SANTA, MARIA
RESIDENTIAL PROJECT AT 1643 BRICKELL
AVENUE --MODIFY CITY'S CHARTER
WATERFRONT SETBACK PROVISION TO PROVIDE
FOR A 14% AVERAGE SIDE YARD WIDTH AND A
50' SETBACK FROM THE BAY, SUBJECT TO
ALL CONDITIONS OF R-80-334 AND PLANS ON
FILE DATED MAY 2, 1994 AND LANDSCAPING
PLANS DATED APRIL 28, 1994.
(Applllant(s): SM Brickell Limited
Partnership.) (See label 44)
48. CONTINUE AGENDA ITEMS PZ-8, PZ-9,
DISCUSSION
PZ-10 AND PZ-11 (TO MEETING OF
6/30/94
JULY 26TH).
49. (Continued discussion) CONTINUE AGENDA R 94-466
ITEM PZ-7 (CONSIDERATION OF PROPOSED 6/30/94
RESOLUTION CONCERNING APPEAL OF ZONING
BOARD'S GRANTING OF A SPECIAL EXCEPTION
FROM ORDINANCE 11000 (ARTICLE 4,
SECTION 401, SaMULE OF DISTRICT
REGULATIONS, C-2 LIBERAL CCMMERCLAL,
CONDITIONAL PRINCIPAL USES) TO PERMIT A
TEMPORARY CARE FACILITY FOR THE
HCME:LESS (RESCUE MISSION) AT 1500 NORTH
MIAMI AVENUE, ZONED C-2 LIBERAL
COMMERCIAL) TO JULY 5, 1994 AT 6:00
P.M. AT THE JAMES L. KNIGHT CENTER
AUDITORIUM FOR PURPOSES OF HOLDING A
PUBLIC HEARING IN CONNECTION UH�REWITH.
(Applllant(s): Dade County School Board
/ Comimmity Partnership for the
Homeless, Inc. Appellant(s): Frank
Martel, Hal Kluger, Richard Sprague,
Leif Griffin, Dave Exter, Rick
Shiffman, the Omni, Edgewater,
Overtown, Wynwood Community Improvement
Association, Inc.) (See label 40)
140-144
144-145
146-153
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 30th 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 9:07 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
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
ABSENT:
Vice Mayor Miller J. Dawkins
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
m n stration had wit yawn the following agenda items: CA-1,
CA-5, 8-A, 17, 18, 19, 21, 30, 33, PZ-5A, and PZ-513.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Certificates of Appreciation: Jorge L. Arrizurieta, Gregory K. Barret & Dwayne
Pyles -- for their efforts as Florida Marlines representatives in making a reality the
project: Reviving Baseball in the Inner City League.
(B) Commendation: Junior League of Miami -- for sponsoring premiere of film, "Our
Miami: The Magic City."
1 . June 30, 1994
(C)
(D)
(E)
Commendation: Louis Dilbert -- for his meritorious achievement as finalist at 67th
Scripps Howard National Spelling Bee competition.
Commendation: Police Officers Orestes Chavez and Osvaldo Mazzieri -- Most
Outstanding Officers for Month of April 1994.
Commendation: Mr. & Mrs. Borges Los Reyes Danzon -- for winning dance
contest.
----------------------------------------------------------------------------------------------------------------
2. PERSONAL APPEARANCE: MUSICAL RENDITION BY MS. ELSA
ALBERTO OF A SONG DEDICATED TO THE CITY WHICH SHE
BELIEVES WILL PROMOTE MIAMI.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Gort, you're recognized.
Commissioner Gort: Mr. Mayor, at this time, I'd like to call item 35, which was the young lady
that sent some... They composed this song, that she thought it could be used•by the City of
Miami for promotion, and I'd like to introduce her. Elsa Alberto.
Ms. Elsa Alberto: My name is Elsa Alberto. I live at 55 Northwest Third Street, Miami. I'm
here today to present to you a song dedicated to the City of Miami. This song was written by
Ms. Raquel Maya De Hatias, a Cuban composer who is present here today. This song projects
the positive City that we have. It also talks about some of the many beautiful and positive things
that the City of Miami offers to its visitors and residents. I'm sure that if this song is used with a
well produced video of our City, it will help change the negative image that has been projected
nationwide and around the world. This negative image has made a real bad impact on many
potential visitors who are afraid to visit Miami. Ms. Hatias and myself have worked on this
song, moved by the gratitude and love that we have for this great City of Miami to which we
Cubans especially owe so much. It will be an honor, and it will give us a great satisfaction,
having contributed in a small way to the City in which we live, and the Mayor, and the
Commissioners adopt this song to be used in promoting this great City of ours, the City of
Miami. Thank you. Now I'm going to perform the song.
Mayor Clark: All right.
Commissioner Gort: Wait. This was created in Allapattah.
(AT THIS POINT, MS. ALBERTO SINGS)
(APPLAUSE)
Ms. Alberto: Thank you.
Commissioner Gort: Thank you very much. I hope this will set the tone for the rest of the day.
Mayor Clark: Thank you very much. We're going on with business and thank you for this fine
appearance.
Commissioner Gort: Thank you.
2 June 30, 1994
N
NOTE FOR THE RECORD: Vice Mayor Dawkins entered the
Commission Meeting at ; 1 a.m.
----------------------------------------------------------------------------------------------------------------
3. (A) CONSENT AGENDA -- PERSONAL APPEARANCE OF THE
HONORABLE ARNALDO ALEMAN (MAYOR OF MANAGUA,
NICARAGUA)
(B) DISCUSSION CONCERNING ADDITIONAL DONATION OF FIRE
GEAR TO THE CITY OF MANAGUA, REPUBLIC OF
NICARAGUA -- COMMISSION DIRECTS ADMINISTRATION TO
DONATE 30 SURPLUS CITY GARBAGE TRUCKS AS FOLLOWS: (a
TEN OF SAID TRUCKS SHALL BE EARMARKED FOR HAITI; (b
TEN FOR SANTO DOMINGO, AND (c) TEN TO BE SPECIFICALLY
EARMARKED IN THE FUTURE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On the consent agenda, we have two items that have been withdrawn, item 1 and
item 5. Do we have other requests or decisions to make here on the consent agenda?
Commissioner Plummer: If there is none, I'll move that it be approved.
Commisisoner Gort: Second.
Mr. Cesar Odio (City Manager): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Odio: I don't know if you want to take separate CA-2. We have Mayor Arnoldo Aleman
here from...
Mayor Clark: I was going to introduce him in just a moment.
Mr. Odio: OK.
Mayor Clark: But for the record, Mr. Manager, go ahead and introduce the Mayor for the public,
will you, please.
Mr. Odio: I'd like to introduce the Mayor of Managua, Nicaragua, Arnaldo Aleman, who has
been...
(APPLAUSE)
Mayor Clark: Mr. Mayor, Mr. Mayor, if you'd use the microphone to introduce your colleagues,
please.
Mr. Odio: "Arnaldo, si quiere presentar a tu..."
3 June 30, 1994
W
W
NOTE FOR THE RECORD: INTERSPERSED THROUGHOUT
THE HEREIN TRANSC ARE STATEMENTS IN SPANISH.
FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND
THE CORRESPONDING TRANSLATION INTO ENGLISH OR
SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS
WILL BE DENOTED BY CAPITAL LETTERS, TRANSLATIONS
WERE MADE BY CITY MANAGER CESAR ODIO.
Mayor Aleman: MUCHAS GRACIAS, HONORABLE CONSEJO. TENGO EL GRAN
HONOR DE ESTAR ESTA MANANA AQUI ENTRE USTEDES COMO CIUDAD
HERMANA, MANAGUA/MIAMI. Y ME HONRA EN PRESENTAR A NUESTRO
CONSEJO MUNICIPAL, EL LICENCIADO RODOLFO BAEZ, SECRETARIO DEL
CONSEJO MUNICIPAL; DR. JULIO ESPINAL; DON ADOLFO ORENA, NUESTRO
CONSEJAL MAYOR MEDARDO MANA. UN SALUDO MUY FRATERNO DEPARTE DE
LA CIUDAD DE MANAGUA CON NUESTRA CIUDAD HERMANA DE MIAMI.
MUCHAS GRACIAS.
TRANSLATION: It's a great honor for him to be here today representing Managua, Nicaragua,
a Sister City of the City of Miami. He wants to introduce his City Commission. He's one of the
councilmen. A broad salute from the City of Managua, Nicaragua to the City of Miami.
Mayor Clark: Thank you. Mr. Mayor, we're going to read you this in English, but we'll have
the Clerk, Madam Clerk, read this resolution in English to the Mayor and his colleagues, item
CA-2.
Ms. Matty Hirai (City Clerk): CA-2, Mr. Mayor?
Mayor Clark: Yes, ma'am.
Ms. Hirai: "Classifying ten surplus garbage packing trucks as Category "A" stock; further
donating the same to the Sister City of Managua, in the Republic of Nicaragua, such donation to
be valid and effective between June 30, 1994 and July 1, 1995, upon the execution of the
appropriate release documents. Said vehicles to be used by the City of Managua in its municipal
sanitation efforts; transportation, packing and shipping costs to be the sole responsibility of the
Sister City of Managua."
Mayor Clark: All right. Mr. Manager, would you translate into Spanish for my colleagues.
Mr. Odio: ESTA RESOLUCION LE ESTA OTORGANDO 10 CAMIONES DE RECOJER
BASURA CATEGORIA "A" PARA LA CIUDAD HERMANA DE NICARAGUA Y ESTA
DONACION SERA VALIDA Y EFECTIVA DESDE JUNIO 30, 1994 AS JULIO 1, 1995. ASI
QUE LOS CAMIONES SERAN ... ESTARAN DISPONIBLES INMEDIATAMENTE.
Mayor Aleman: MUCHAS GRACIAS.
Mr. Odio: Mr. Mayor, we'd like to incorporate in that resolution, if we may, I was notified by
the Fire Department they had bunk gear available that is surplus, so if we could incorporate it in
part of the resolution.
Mayor Clark: Whatever you deem...
Commissioner Plummer: What was available?
4 June 30, 1994
Mr. Odio: It's the industrial suits, the fire suits that are not used here anymore.
Commissioner Plummer: Oh.
Commissioner Gort: The used ones?
Commissioner Plummer: Yeah.
Mayor Clark: All right. That should be included in the resolution, Mr. Plummer.
Commissioner Plummer: That's fine, as amended.
Mayor Clark: All right. Any discussion?
Vice Mayor Dawkins: Under discussion, yes, under discussion. I'd like the next...
Ms. Hirai: Mr. Vice Mayor, your microphone, sir.
Vice Mayor Dawkins: I'd like to reserve the next thirty pieces of surplus materials and
equipment; ten pieces for Haiti, whenever it's free, or whenever they get through doing whatever
they're doing; ten pieces for Santo Domingo; and ten pieces for... to be determined later. And I
make that a part of this motion.
Commissioner Plummer: Acceptable to me.
Vice Mayor Dawkins: Beg your pardon?
Commissioner Plummer: Acceptable to the maker.
Commissioner Gort: As seconder, I don't have any problem, either.
Vice Mayor Dawkins: OK. No further discussion.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: This is on the... You have to read the terminology on the consent.
Mayor Clark: Read it. Go ahead, Mr. Plummer.
Commissioner Plummer: Before the vote adopting items included in the consent agenda is
taken, is there anyone present who is an objector or proponent that wishes to speak on any item
in the consent agenda? Hearing none, the vote on the adoption of the consent agenda will now
be taken. Madam Clerk.
5 June 30, 1994
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
3.1 DONATE TEN SURPLUS GARBAGE PACKING TRUCKS (AS CATEGORY "A'
STOCK) TO SISTER CITY MANAGUA, REPUBLIC OF NICARAGUA, PLUS
MISCELLANEOUS FIRE GEAR IN SUPPORT OF ITS MUNICIPAL SANITATION
EFFORTS.
RESOLUTION NO. 94-432
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.2 AUTHORIZE ACCEPTANCE OF A PASS -THROUGH GRANT FROM
METROPOLITAN DADE COUNTY ($3,200) -- FOR PRODUCTION / PROMOTION
OF ROYAL POINCIANA FIESTA TO BE HELD JUNE 10-19, 1994.
RESOLUTION NO. 94-433
AUTHORIZING THE CITY MANAGER TO ACCEPT A PASS -
THROUGH GRANT FROM METROPOLITAN DADE COUNTY,
FLORIDA, ("THE COUNTY") IN THE AMOUNT OF $3,200.00, FOR
THE PRODUCTION AND PROMOTION OF THE ROYAL
POINCIANA FIESTA TO BE HELD JUNE 10-19, 1994; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE COUNTY FOR THIS PURPOSE.
A RESOLUTION
6 June 30, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.3 AUTHORIZE ENGAGEMENT OF LAW FIRM ECKERT SEAMANS CHERIN &
MELLOT TO SERVE AS COUNSEL FOR CITY OF MIAMI, JORGE L.
FERNANDEZ AND A. QUINN JONES, III -- IN POST -TRIAL AND APPELLATE
MATTERS IN CONNECTION WITH THE CASE OF PERRY L. ANDERSON, JR. VS.
CITY OF MIAMI, JORGE L. FERNANDEZ, AND A. QUINN JONES, III (CASE NO.
92-0435-CIV-GRAHAM) -- ALLOCATE $25,000.
RESOLUTION NO.94-434
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE
LAW FIRM OF ECKERT SEAMANS CHERIN & MELLOTT
("ECKERT SEAMANS") TO SERVE AS COUNSEL FOR THE CITY
OF MIAMI, JEORGE L. FERNANDEZ AND A. QUINN JONES, III IN
POST -TRIAL AND APPELLATE MATTERS IN CONNECTION WITH
THE CASE OF PERRY L. ANDERSON, JR. VS. CITY OF MIAMI,
JEORGE L. FERNANDEZ, AND A. QUINN JONES, III, CASE NO. 92-
0436-CIV-GRAHAM; FURTHER ALLOCATING FUNDS FOR SAID
SERVICES, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE
CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST
FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.4 AUTHORIZE APPLICATION TO THE FLORIDA INLAND NAVIGATION
DISTRICT ("FIND"), UNDER SAID AGENCY'S WATERWAYS ASSISTANCE
PROGRAM FOR GRANT FUNDING ($75,590) FOR BAYWOOD PARK
SHORELINE ENHANCEMENT PROJECT,
RESOLUTION NO. 94-435
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO MAKE APPLICATION TO THE FLORIDA
INLAND NAVIGATION DISTRICT ("FIND") UNDER SAID
AGENCY'S WATERWAYS ASSISTANCE PROGRAM FOR GRANT
FUNDING IN THE ESTIMATED AMOUNT OF $75, 590 FOR THE
BAYWOOD PARK SHORELINE ENHANCEMENT PROJECT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND TO PROVIDE THE REQUIRED
CERTIFICATIONS SHOULD SAID GRANT BE AWARDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Mayor Clark: Thank you. Thank you for being here, Mr. Mayor. Thank you very much. We
know you're busy people. Thank you so much.
7 June 30, 1994
Mayor Clark: Mr. De Lucca has a special shot here. I want you to come forward. Where is that
camera man? Is he still with us? Come on up, Charles. Bring your people up, too.
Commissioner Plummer: Too bad he couldn't get a big trophy.
Mayor Clark: Hey, listen, we won that thing, buddy. What are you talking about? You want to
wait till he gets here? Let's wait till he gets here then. Let's wait till he gets here. This is the
Theodore Gibson. How many times have we won that, Charles?
Unidentified Speaker: This is the second time.
Mayor Clark: Second time in how many years?
Commissioner Plummer: A hundred and five.
Unidentified Speaker: In eight years.
Mayor Clark: Well, when Plummer starts to play golf, we'll win it every year.
Commissioner Plummer: Not me.
Commissioner Gort: One of these days you got to teach me how to play that.
Mayor Clark: It's very easy to do. In fact, Plummer is a famous advocate of mattress polo.
Commissioner Plummer: Hey, I played nine holes once in my life in a small town called
Newman, Georgia. I played nine holes, got eleven blisters, and figured out I was a great
fisherman.
----------------------------------------------------------------------------------------------------------------
4. ACCEPT DONATION TO THE CITY OF MIAMI OF 20 OAK TREES BY
REED LANDSCAPING, INC.
Mayor Clark: On the regular agenda, item number 2.
Commissioner Plummer: That belongs to De Yurre.
Mayor Clark: Mr. De Yurre.
Commissioner Plummer: No, Gort, Gort, that's yours. Oak trees.
Mayor Clark: Well, OK.
Commissioner Gort: I have this company that's willing to donate these oak trees, and I
understand we have to bring to us for a resolution.
8 June 30, 1994
Commissioner Plummer: Second the motion.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Gort: Do I need to read the resolution, or do you read it? -
Commissioner Plummer: Just accept it. -
Mayor Clark: I don't think you have to read the resolution.
Commissioner Plummer: And also instruct the Clerk or the Administration to write a thank you
note.
Commissioner Gort: OK.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-436 —
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
DONATION BY REED LANDSCAPING, INC. OF 20 OAK TREES VALUED AT
$300 PER TREE.
(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.
9 June 30, 1994
----------------------------------------------------------------------------------------------------------------
5. REFER TO ADMINISTRATION FUNDING REQUEST BY
REPRESENTATIVES OF NEW WOMAN ENTREPRENEUR CENTER --
DIRECT ADMINISTRATION TO MEET WITH MRS. BET 1NA
RODRIGUEZ AGUILERA IN TRYING TO ACCOMMODATE HER
REQUEST.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 3.
Commissioner Plummer: That's De Yurre.
Commissioner De Yurre: Yes. Mr. Mayor, we have here Bettina Rod-Inclan who is going to
speak in reference to the New Woman Entrepreneur Center.
Mayor Clark: She looks very happy today.
Ms. Bettina Rodriguez-Aguilera: Well, I'm happy because I'm alive and I'm here. I come here
to talk about the New Woman Entrepreneur Center. It is located at 5040 Northwest 7th Street.
And just for the record, my name is Bettina Rodriguez-Aguilera. I presented a request for a
grant through Mr. Frank Castaneda's office for the New Woman Entrepreneur Center of sixty-
five thousand dollars. In that pot of economic development, there is still monies available, and
my recommendation was not approved by the board, and I come here today to ask the
Commission to grant the sixty-five thousand dollars for the center. This would be the first center
in the City of Miami to offer programs, and it is in effect, it's doing it at this point, incubator
office space for women to assist them in starting business. This would eliminate the start-up cost
for women. They do not have to obtain computers, copiers, fax machines. Everything is there
for their use, plus also information on license and permits. The Miami Women's Commission
on the Status of Women, in this issue in the back, talks about the center, and we have gotten
support from radio stations, and we are now also trying to get support from other sources.
Mayor Clark: Let me ask one question, please. Mr. Manager, is this standard procedure when
they're not recommended, they come back and appear before the Commission, or at the meeting
when we distribute these funds?
Commissioner Plummer: No.
Mr. Cesar Odio (City Manager): Well, the Commission has the right to bring someone here to
be heard. The procedure is to go through the CDBG (Community Development Block Grant)
process, which concluded two meetings ago. .
Mayor Clark: Did you know about the process before, ma'am?
Ms. Rodriguez-Aguilera: Yes, sir. I tried to come through the... I went through the process, I
did present my grant. At that point, they explained to me that if the monies were not approved,
the people who did not get their money approved had the right to come to the Commission and
request to see if monies could be approved, if there still was money in that pot. I did try at that
time to come. At that point, Mr. Castaneda said that I should not speak at that moment, that I
j should come to the next hearing. At that point, then, I should talk, because it wasn't fair to the
other groups.
Commissioner Plummer: That's your problem now, because if there's any surplus funds,
they've got to be made available to all those that were denied.
10 June 30, 1994
Ms. Rodriguez-Aguilera: At the next hearing I came, and I was not allowed at that point, either,
to speak, because they said that that item was not... that I couldn't speak on that item. So at this
point, from what I understand, I do have the right to come and appeal, and I have not had the
right to do that, up to this point.
Mayor Clark: Mr. De Yurre, you have the floor.
Commissioner De Yurre: Yeah. Mr. Mayor, do we have... this is... We're talking about
business development. From the business development monies, can we find some monies to
assist them this year?
Mr. Frank Castaneda: Commissioner, basically, let me tell you what staff's recommendation
was. Basically, the board and staff recommended against it. First of all, our programs are
directed at target areas, community -based organizations, in which community -based
organizations take responsibility for the area. The other issue is that this woman is geared
specifically to women, and Federal regulations prohibit discrimination on sex, race, ethnic group,
or whatever. So we cannot allow that to happen. But, you know, they did go through the
process. They did make an appeal when the community -based organizations were being
discussed here, and the Commission basically felt that they did not want to hear that issue at that
time, and I think that's why she's here today.
Ms. Rodriguez-Aguilera: Right. But it's not just for women. I mean, we have had men that we
have assisted, and they're on the record that we have assisted. It's for everyone. Just the issue
that it says "women" doesn't mean that it's only for women.
Mr. Castaneda: No, it says, "incubator space for women."
Commissioner Plummer: Well, I think if... Let me give you a little bit of history. The problem
is, if you have surplus funds, you have to have a public hearing, and open it up to all of those that
were denied, who have the same opportunity come and speak and try to make application for
those funds. Now, usually that's not towards... until the end of the fiscal year when any of these
funds are then declared surplus or not being used, and that's going to be your problem here
today.
Commissioner De Yurre: OK. Well, what about business development, which is not the usual
CDBG process that we have? You know, there's got... I would, Mr. Mayor, I would just move
that the Administration get together with her and see if we can identify some monies that could
be provided to the center.
Commissioner Plummer. Second the motion.
Mayor Clark: There's a motion and a second. With no objection, cast a unanimous ballot.
Instruct the lady, Victor, what you would like her to do.
Commissioner De Yurre: Thank you. Just meet with Frank.
Ms. Rodriguez-Aguilera: All right. Thank you very much.
Mayor Clark: Thank you, ma'am.
11 June 30, 1994
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.94-437
A MOTION REFERRING BACK TO THE CITY MANAGER FUNDING REQUEST
BY REPRESENTATIVES OF THE NEW WOMAN ENTREPRENEUR CENTER (IN
THE AMOUNT OF $65,000); FURTHER DIRECTING THAT THE MANAGER
MEET WITH MS. BETTINA RODRIGUEZ AGUILERA, TO SEE IF THE CITY
CAN POSSIBLY ACCOMMODATE HER REQUEST BY INDENTIFYING A
FUNDING SOURCE.
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: On item number 4, it's yours, Victor.
Commissioner De Yurre: Yes, sir, Mr. Mayor.
Vice Mayor Dawkins: Hold it. I need a clarification on the last motion.
Mayor Clark: Yes.
Vice Mayor Dawkins: Just a minute. Are we saying to the Manager, go find money and give it
to her, or are we saying go the the man... for her to go to the Manager and see if he has money
for her? What are we saying? Well, no, no, you... I said, what are we saying? I didn't ask what
you're saying. I'm asking what is this Commission saying to you?
Commissioner Plummer: Well, let me speak for me, the latter of your two was mine.
Commissioner De Yurre: To see if there is money available.
Commissioner Plummer: Go to the Manager and see if he can work something out. It doesn't
say to the Manager, "You got to pay."
Commissioner De Yurre: It doesn't have to be the sixty-five, could be a little bit less or
whatever, but...
Mayor Clark: Please, one at a time, one at a time, all right?
Commissioner Plummer: And if it's over forty-five hundred dollars, he'd have to bring it back
to us.
12 June 30, 1994
0
Mayor Clark: All right. Any further discussion, Mr. Dawkins?
Vice Mayor Dawkins: No, sir.
6. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
DIAZ TOWING TO PROVIDE TOWING 1 WRECKER SERVICES FOR ZONE
7 IN ORDER TO ALLOW SAID COMPANY TO BE ONE OF THE BACKUP
SERVICES AT THE TIME.
Commissioner De Yurre: Mr. Mayor, on number 4, Diaz Towing Company asked for the
opportunity to speak before us on a zoning... on a towing issue, and I would like for them to take
a moment and express their views on whatever they want to talk about.
Mayor Clark: All right. Your name, please.
Mr. Jose Sanchez Gronlier: Good morning, Honorable Mayor and Commissioners. My name is
Jose Sanchez Gronlier. I'm an attorney representing Diaz Towing, and Lourdes Molina. My
addressing is 1531 Northwest 13th Court, Miami, 33125. We are here today because we would
like to be given an opportunity to serve as a backup towing company in Zone 7 of the City of
Miami for the remainder of the six months that are left until bids are open. Diaz Towing is a
company that has been providing service in Dade County for a long time. It's a triple A main
contractor, has excellent references, has the correct equipment that's required, has been
associated with FHP (Florida Highway Patrol) for about five or six years, and has been for
twelve years the contractor for Randle -Eastern. At this point, we would like to be given the
opportunity to serve during this six years and...
Commissioner De Yurre: Six months. Well, let me ask, what does a backup service entail?
Mr. Ron Williams (Assistant City Manager): Commissioner, essentially, that entails the call to
the particular zone that the tow is required in, that service provider is unavailable, and therefore,
the backup is called to fill in.
Commissioner De Yurre: OK. And usually, what do we do? Who do we call?
Mr. Ron Williams: The Police Department would call that backup that's been identified,
regardless of what the zone would be.
Commissioner De Yurre: OK. Do we have a list now of who those backups are, for example, in
this zone that they're discussing?
Mr. Williams: No, we do not have a full list of backups. Essentially, the Commission awarded a
towing agency per zone, and essentially, what the proposal here is, as I understand it, is to assign
a floating backup, so that if Zone 3, perhaps, was overloaded and couldn't fill in, then a backup
would come in.
Commissioner De Yurre: OK. So then there's no set determined backup company?
Mr. Ron Williams: As I understand it, they don't identify a particular backup at this point.
What has happened, per my understanding, is an adjoining zone may be used as a backup, if they
had tow wreckers available.
13 June 30, 1994
Mayor Clark: All right. Mr. Dawkins, you have the floor.
Vice Mayor Dawkins: Mr. De Yurre, the backup was established, if my recollection services me
right, by this Commission in order to get the towing companies to assist a black in operating a
towing system. That's what the backup was supposed to have been. The bid was let, zones were
assigned, and those operators who received zones said - and if I'm in error, somebody on the
Commission who was here correct me - said that they would work with the backup, whomever it
was, to provide any equipment that that individual did not have, to assist that individual in
getting ready to bid when this contract expires. Is that a correct statement up here? OK. Now, I
have no problems with Diaz coming in at the end of five months and bidding like everybody
else, but I do have a problem with this Commission telling Diaz that with five months left in a
contract, we will arbitrarily tell you it's all right for you to go in. Now, that's just my personal
opinion.
Commissioner Plummer: And the present contract is up in January?
Mr. Williams: I believe that's correct, Commissioner.
Commissioner Plummer: All right. When we would assume... I'm assuming if we were to rebid
and to reaward, that you would be going out in the next month or so with the documents for
either an RFP (Request for Proposals) or an RFQ (Request for Qualifications). Under normal
circumstances, you do it two or three months prior to the award.
Mr. Williams: We would have to, because you recall, a big time -consumer in this whole issue is
the verification of equipment that towing companies have, plus a review of their response
records.
Vice Mayor Dawkins: Will you go out in a few months or not?
Mr. Williams: Yes, we will, Mr. Vice Mayor.
Vice Mayor Dawkins: Well, say that. That's what the Manager asked - I mean Mr. Plummer
asked.
Mayor Clark: All right.
Commissioner Plummer: Well, I think you have one other problem, and I think it's just like the
last problem.
Mayor Clark: Tell us about it.
Commissioner Plummer: Well, I think the problem is, Mr. Mayor, that if you open the door,
then you have to open the door to all companies who would like to bid on this thing. You can't
just offer it to one without offering it to all, and then we'll have another bidding procedure. But
I concur with Dawkins, that you're talking about five months, and then everybody will have the
same equal and fair shot.
Mayor Clark: Very good. What's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor, let me ask you a question.
Mayor Clark: Yes.
14 June 30, 1994
Commissioner Gort: My understanding is this backup would not come into action unless no one
can provide services within the zone?
Mr. Williams: In the assigned zone, that's correct.
Commissioner Gort: Let me tell you, Mr. Mayor, I don't have any problem with that. I've seen
a lot of accidents taking place and traffic being blocked for a long time, and disturbing a lot of
the people in the driving seat because there's not a tow truck to take the car away, because
they're full service. I don't have any problem with having a backup.
Mr. Gronlier: I would like to point out that Diaz Towing has served, has been called by the City
of Miami Police as backup when the backups have been unable to provide service, like when
there was a truck stuck in the Brickell Bridge. Diaz Towing served as backup at the request of
the City of Miami, because the backups could not, did not have either the equipment or the
drivers to handle the emergency.
Vice Mayor Dawkins: Following Commissioner Gort's lead, I move that you open up to
everybody who wants to go, not to Diaz, anybody who wants to be a backup, and in... to the
present zones in the City of Miami, let them be back up, not just Diaz Towing. Now, I'll go
along with that.
Commissioner Gort: No problem.
Commissioner Plummer: Well, just for the record, let me clarify it, unless I'm wrong. My
understanding is there are three companies right now that are in the backup.
Commissioner Gort: I thought you said none.
Commissioner Plummer: There's three. Am I correct? Who are you? Where did you come
from? Are you part of my high-priced help?
Unidentified Speaker: No.
Commissioner Plummer: All right. That's my understanding. And let me tell you, just for the
record, of the three companies that are there presently, they're telling me there's not enough
there for the three. Now, you know, they might be crying poor mouth, but as far as I'm...
Commissioner, I will vote against the motion on the floor.
Commissioner De Yurre: Let me ask you something, J.L. J.L., let me ask you a question.
Commissioner Plummer: Sure.
Commissioner Gort: I was under the understanding...
Mayor Clark: Hold on. Just a moment, now, please. Mr. Dawkins has a motion on the floor.
Vice Mayor Dawkins: I withdraw the motion, Mr. Mayor.
Mayor Clark: All right. Who has a motion?
Vice Mayor Dawkins: Second.
Commissioner Gort: I have a question.
15 June 30, 1994
M
W
Mayor Clark: Yes, sir.
Commissioner Gort: I was under the impression we didn't have the backups.
Commissioner Plummer: Three.
Mr. Williams: Let me respond, Commissioner Gort. My understanding is that we don't. Now,
the police may have established three that they are calling...
Commissioner Plummer: No. We established them.
Mr. Williams: ... on some kind of schedule. I don't know how they got those assigned. This
Commission did not assign three backups, to my knowledge.
Vice Mayor Dawkins: Hold it, hold it, hold it. This Commission directed you or somebody,
when we put out the bids, Mr. Williams, and... Mr. Manager - not Mr. Williams, Mr. Manager.
When the bids were let out, and going back to what I said, in order to help a black firm become
involved in towing, this Commission directed that backups be established; is that correct?
Mr.Odio: Yes.
Vice Mayor Dawkins: OK. That's all. I don't know where Mr. Williams is getting his facts
from.
Mayor Clark: What is the motion?
Vice Mayor Dawkins: I don't know.
Commissioner De Yurre: I move, Mr. Mayor, I move that Diaz Towing be allowed to be the
backup.
Vice Mayor Dawkins: I'll go along with it if you say "add to the backup," but not "the."
Commissioner De Yurre: Well, I don't know if there are any backups. At least to be one of the
backups, if there are any at this point in time, that they be included in that list, and on a rotating
basis.
Vice Mayor Dawkins: Somebody's trying to say something, Mr. Mayor.
Mayor Clark: Yes, ma'am.
Ms. Ana Latour Grande: If I may, I'm Ana Latour Grande, from Ferrell, Cardenas, and Fertel,
on behalf of Downtown Towing. It's my understanding that there are presently three existing
backup companies, and Downtown Towing is one of those companies. It's my understanding,
from speaking with Dagmar Del Rosal of Downtown Towing, that there's not enough work for
the backup companies. They may get called once a month or something like that. So...
Mayor Clark: That's the chance they take.
Ms. Grande: Right. Well, I don't see that there's the need for there to be another backup
company.
Mayor Clark: We have a motion on the floor. Thank you, ma'am.
16 June 30, 1994
Commissioner Gort: I'll second the motion.
Mayor Clark: All right. That they be added to the list. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-438
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
DIAZ TOWING, TO PROVIDE TOWING AND WRECKER SERVICES TO THE
CITY OF MIAMI FOR "ZONE 7", SAID ZONE CREATED TO PROVIDE SERVICE
FOR OVERAGES IN EACH OF THE OTHER SIX ZONES CITYWIDE.
Upon being seconded by Commissioner Gort, 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Without it being open to everyone and being fair, I have to vote no.
Vice Mayor Dawkins: Feeling that we already have three, and you didn't say that this would be
the fourth one under those three, and when they couldn't get to the three that's there, then get to
the fourth one, I have to vote no.
COMMENTS MADE AFTER ROLL CALL:
Ms. Matty Hirai (City Clerk): The motion passes.
Mayor Clark: The motion passes.
Mr. Gronlier: Thank you.
Mayor Clark: OK. Thank you all.
!1
17 June 30, 1994
----------------------------------------------------------------------------------------------------------------
7. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF COMMERCIAL
SOLID WASTE ACCOUNTS UNTIL RFP BIDS ARE RECEIVED IN ORDER
TO DETERMINE THE MOST COST-EFFECTIVE SOLUTION FOR THE
CITY.
Mayor Clark: Item number 7.
Commissioner De Yurre: Five,
Mayor Clark: Five? We passed 5 sometime ago, Victor.
Vice Mayor Dawkins: No, no, sir.
Mr. Cesar Odio (City Manager): No, sir. We're proposing that the City of Miami Solid Waste
Department ceases the commercial account pickup, Mr. Mayor, and turn it over to the private
sector.
Mayor Clark: This is on the downtown commercial accounts?
Mr. Odio: It's on Citywide commercial accounts.
Commissioner Plummer: Well, Mr. Mayor, my thoughts on the matter - I was here when we
established this - it was to be an experimental program. As far as I know and everything that I
have seen, it's been a failure. The program has been a financial failure, and it seemed like the
more that we got in these accounts, the more money we lost. And as far as I'm concerned, the
only thing I think worth considering is the fact that we should do the in-house commercial, and
maybe I'm totally out of line there, but to... For example, Commissioner, at Bayfront Park, we
pay the City at Bayfront Park, the City, we pay thirty-three thousand dollars to do our bins down
there, and I'm assuming every other facility in the City, we do, and I think that's worth
consideration, to see whether or not it's better to do that in-house or go to the private sector. But
as far as competing with the private sector, I think that we've lost money. That's my thoughts.
Mayor Clark: Mr. Dawkins has the floor.
Vice Mayor Dawkins: Mr. Mayor and fellow Commissioners, there's an item on here to discuss
going private with all of our garbage. I would move that this item be tabled...
Commissioner Plummer: Until then.
Vice Mayor Dawkins: ... until at the time the bids, the RFPs (Requests for Proposals) come in,
and we're in a position to find out what is least cost-effective to the City of Miami, and which is
more beneficial to the City of Miami, and I would so move.
Commissioner Plummer: I have no problem with that. Second.
Mayor Clark: Any exception?
Vice Mayor Dawkins: Go ahead.
18 June 30, 1994
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-439
A MOTION TO TABLE CONSIDERATION OF AGENDA ITEM 5 (DISCUSSION
REGARDING COMMERCIAL SOLID WASTE ACCOUNTS) UNTIL THE BIDS IN
RESPONSE TO THE REQUEST FOR PROPOSALS ARE RECEIVED, IN ORDER
THAT THE COMMISSION MAY FURTHER DISCUSS AND CONSIDER WHICH
BIDS ARE MOST COST-EFFECTIVE AND BENEFICIAL TO THE CITY OF
MIAMI.
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: Item number 6.
Commissioner Plummer: Excuse me. Mr. Manager, I have to ask this question. Will that be
prior to October 1st? Because I think all of this scenario is going to be extremely important on
the budget.
Mr. Odio: Let me say this. The...
Vice Mayor Dawkins: Hold it, hold it. How could it be important on the budget when you don't
know what a commercial company is going to charge us for garbage?
Commissioner Plummer: No. Commissioner, I'm not talking about that. I'm talking the... You
said the overall subject should be described as one. Total... And we know it's no secret, we're
talking privatization, we're talking about recycling, we're talking about the total picture. And if
we make major changes, it could affect the budget positively or negatively. So that's why I'm
saying that I hope we'll bring this to a conclusion before budget time.
Vice Mayor Dawkins: All I'm saying to you is, irregardless of whether it's before budget or
after budget, and you go private, and the private haulers tell you they want "W' dollars for the
garbage, and you only got "1X" dollars budgeted, you got a serious problem.
Mayor Clark: All right.
Commissioner Plummer: I said positive or negative.
Mayor Clark: The motion is to hear them at one time. Please. The motion is to hear it all at one
time. Thank you.
19 June 30, 1994
Commissioner Plummer: That's fine.
----------------------------------------------------------------------------------------------------------------
8. MAYOR STEPHEN P. CLARK IS PRESENTED WITH TOURNAMENT
THEODORE R. GIBSON ETHNIC UNITY URBAN LEAGUE MAYOR'S CUP
CHALLENGE AWARD.
Mayor Clark: The next item. Charlie, come on up and use the microphone and tell everyone
what that's all about, will you? Use that microphone right there.
Mr. Charles De Lucca: I'm sorry T. Willard Fair couldn't get here, but this here is the Mayor's
Cup Challenge. This is... We run a tournament the last eight years at the City of Miami
Melreese Golf Course. We've raised close to a quarter of a million dollars for the Urban League
of Greater Miami, and we want to present this trophy to the City of Miami. This is 1994, eight
years ago, you all won it. Mr. Mayor, your name has been on every year, because Dade County
has won every year. We're happy to see this back to the City of Miami, and we want to present
this to you all to keep for one year in your trophy case, Mr. Manager.
Commissioner Plummer: I have a question,
Mr. De Lucca: Yes, sir.
Commissioner Plummer: Is there any correlation of where that resides and where the Mayor
resides?
Mr. De Lucca: It looks like it. It's become a habit. But we want to thank the Commission, on
behalf of "T" and the Urban League of Greater Miami. We want to thank you all for all the
support that you have given the Urban League.
Mayor Clark: Charlie, help your dad. That thing is getting too heavy.
Mr. De Lucca: OK. We would like... This is my son, Charlie. And we would like to present
this to Alex Martinez, who was the leader of this team, along with Kathy Hadley, you all keep
this here, and we'll all get together and maybe get a picture. I'd like my grandkids in here, too.
Mayor Clark: Sure. Come on out here in the center, Charles, and let the Commission be in the
background.
Vice Mayor Dawkins: I want everybody to know, the Mayor declared the golf clubs he won
with this, he declared them.
Mayor Clark: I've got so many golf clubs now, I don't know which one to use. Yes, sir,
Charles.
Vice Mayor Dawkins: Thank you, Charlie.
END OF DISCUSSION -- NO ACTION TAKEN
20 June 30, 1994
----------------------------------------------------------------------------------------------------------------
9. DISCUSS AND DEFER (TO A MEETING PRIOR TO OCTOBER 1, 1994)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND CODE SECTION 22-12 (WASTE FEES), TO ESTABLISH AN
ANNUAL RESIDENTIAL RECYCLING FEE FOR ALL SINGLE / DUPLEX
RESIDENCES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 7, is that where we are?
Commissioner De Yurre: Six.
Mayor Clark: An ordinance amending Chapter 54 of Article...
Ms. Matty Hirai (City Clerk): Six, Mr. Mayor.
Mr. Ron Williams (Assistant City Manager): Number 6, Mr. Mayor.
Mayor Clark: Six? I'm trying to speed this thing up. Solid waste account. We just got...
That's 5.
Mr. Williams: Mr. Mayor, this is a request that the Commission approve a thirty dollar recycling
fee, with escalations, in accordance with Dade County CPI (Consumer Price Index), each year.
This additional amount, as you know, would push the City's fee from one -sixty to one -ninety.
The thirty dollars would be specifically allocated to recycling or diversion -related programs, and
we think this additional revenue certainly will bring us into focus, and reduce by that projected
$1.8 million dollars, the subsidy that the general fund now contributes to the Solid Waste
Department. So we recommend highly that the Commission consider this on first reading, and
make any adjustments that we need to for the second reading.
Vice Mayor Dawkins: OK. Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Again, here we go, telling the citizens we're going to add... How much?
Mayor Clark: Thirty dollars.
Vice Mayor Dawkins: Thirty dollars per household...
Mr. Williams: Thirty dollars, with an escalation fee, Mr. Vice Mayor.
Vice Mayor Dawkins: Ah-ha! Thirty dollars, with an escalation fee of what? Of ten percent a
year, twenty percent a year?
Mr. Williams: No. In accordance with the Dade County CPI is the way it should...
Vice Mayor Dawkins: The what? You see, now, I have to be Darril Sharpton to try to figure out
what you all are telling me about the CPI and what that means to this week and next week. I'm
not that.
21 June 30, 1994
Mr. Cesar Odio (City Manager): Mr. Commissioner, let me explain. We. don't intend to
increase the recycling fee. This is only a pass -through. Whatever we have to pay out to provide
this service, that's all we want to cover.
Vice Mayor Dawkins: OK. Well, aren't we going to, also, when we put out the RFP (Request
for Proposals), again, for private haulers of the City of Miami's trash, garbage and recycling,
won't that also be considered when the bid comes back in?
i Mr. Odio: It will be, Commissioner, except that we...
i
Vice Mayor Dawkins: All right. So now, here again, we're setting up, fooling the public, telling
them that it's thirty dollars, when we know it will be more than thirty dollars, because you've
already built in, where I'll have no argument, that it's an escalation clause. And I told you,
Commissioner, that this was not it, that it was going up. We told you that when you voted on it.
Mr. Odio: The recycling, as you know, is State -mandated. We have no choice in recycling.
Vice Mayor Dawkins: It's a State mandate, OK? But it's mandated at cost only.
Mr. Odio: Well, we are... That's what we want to do, pass on the cost.
i
Vice Mayor Dawkins: Now, right now, right now, because of - and I have no problems with
saying this, because the press already knows this - the Manager is into a... See, he's not listening
to me. He's not listening to me. He doesn't even know what I'm saying.
Mayor Clark: Mr. Manager.
Vice Mayor Dawkins: What did I say, Mr. Manager?
Mr. Odio: I'm sorry. I didn't hear you, Commissioner.
f Vice Mayor Dawkins: OK. See? That's all, I'm through. I mean, I'm finished. If he's not
interested in what I'm saying, I'm finished.
i
Mayor Clark: All right. It's on the ordinance. Do you want the ordinance or you don't want it?
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: Well, can I ask a question?
Mayor Clark: Mr. Gott has the floor.
Commissioner Plummer: I'm sorry.
Commissioner Gott: Mr. Mayor, I've personally got a problem with this. I don't understand.
We asked the people to do curbside in order to reduce the subsidizing of it, and now, we're
coming back and saying, "Now, you got to do the curbside now, and we'll also increase your
rent." Commissioner, I personally have a problem with this one. I know it's a recycling, doesn't
have anything to do with the regular, but I have a problem.
Mr. Odio: Nothing at all.
Mr. Williams: Strictly -recycling, Commissioner Gort.
- 22 June 30, 1994
Commissioner Plummer: Well...
Mayor Clark: Mr. Plummer.
Commissioner Plummer: I think Commissioner Dawkins asked a question that I didn't hear an
answer to. Can you sit there and give me comfort that this increase is absolutely just to cover
cost?
Mr. Odio: It will cover the cost.
Commissioner Plummer: No, no, no. It's not making money on to supplement something else;
that it is this amount of money raised for this revenue, will go just for recycling.
Mr. Odio: Yes, sir, it is just for recycling.
Commissioner Plummer: All right. OK.
Mr. Odio: And it's practically a pass -through. If we continue doing it with the SEA (Sanitary
Employees' Association), we have to pay them. If we go private, we have to pay them.
Commissioner Plummer: Well, Mr. Manager, I think you're derelict in not bringing out one
point. When I voted for this originally, there was an entirely different concept out in that world
than it is today. Back then, you had people who would buy paper and cardboard. Today,
there's no market for it. The only market that I know out there today is aluminum, and that,
people will buy, and that has greatly reduced. So where we used to be able to make money from
a source of revenue off of the recycling, today, you can hardly give it away. So that's where, as
far as I know, that the cost factor has gone up. Nobody wants to pay more taxes, and it's not
popular to vote on a tax, but if it's something to cover cost, I think that's legitimate.
Mr. Williams: As a matter of fact, Commissioner, if I may add, it's been clearly determined
around the country that the cost of recycling, the per ton cost of recycling far exceeds the actual
disposal cost in other segments, meaning to do this diversion, to do this separation, to do this
environmentally -sensitive program is very expensive, and certainly, the City of Miami should
provide the pass -through to take care of it.
Vice Mayor Dawkins: I'd like to make a motion.
Mayor Clark: You're on, Mr. Dawkins.
Vice Mayor Dawkins: That since we are going to go private, that this, again, be carried over and
discussed when we discuss what we've got to pay, and know what we're doing, and I move that
this, too, be tabled until we discuss all the garbage issues.
Mayor Clark: Is there a second?
Commissioner Plummer: I'll second the motion under the same terms and conditions as before;
that it's got to be prior to October 1, because I do feel it has a bearing.
Mayor Clark: Madam Clerk, cast a unanimous ballot.
23 June 30, 1994
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.94-440
A MOTION TO TABLE CONSIDERATION OF AGENDA ITEM 6 (PROPOSED
FIRST READING ORDINANCE TO AMEND CODE SECTION 22-12 ("WASTE
FEES") TO ESTABLISH AN ANNUAL RESIDENTIAL RECYCLING FEE FOR ALL
SINGLE/DUPLEX RESIDENCES IN THE CITY) TO A LATER TIME, BUT PRIOR
TO OCTOBER 1, 1994 IN ORDER THAT THE COMMISSION MAY CONSIDER
ALL GARBAGE -RELATED ISSUES AT ONE TIME.
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.
----------------------------------------------------------------------------------------------------------------
10. FIRST READING ORDINANCE: AMEND CODE ARTICLE XI, SECTIONS
54-198 AND 54-201, CONCERNING USE OF PUBLIC RIGHTS -OF -WAY
FOR INSTALLATION OF PAY TELEPHONES, TO CLARIFY / CORRECT
REQUIREMENTS FOR PERMIT APPLICATION FEES AND FOR
LOCATION PLANS FOR INSTALLATION OF PAY TELEPHONES IN THE
PUBLIC RIGHTS -OF -WAY.
Mayor Clark: Next item, item number 7.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Any discussion?
Commissioner Plummer: Read the ordinance.
Mayor Clark: Call the roll, Madam Clerk.
24 June 30, 1994
AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE
USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES,
TO CLARIFY AND CORRECT THE REQUIREMENTS FOR PERMIT APPLICATION FEES
AND FOR LOCATION PLANS FOR THE INSTALLATION OF PAY TELEPHONES IN THE
PUBLIC RIGHTS -OF -WAY; MORE PARTICULARLY, BY AMENDING SECTIONS 54-198
AND 54-201 OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gort and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
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.
----------------------------------------------------------------------------------------------------------------
11. SECOND READING ORDINANCE: AMEND 11139, BY ESTABLISHING
APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT: WATSON
ISLAND SANITARY SEWERS, IN THE AMOUNT OF $2,000,000.
Mayor Clark: Item number 8.
Commissioner Plummer: Move it. De Yurre moved it before I... It's immaterial.
Mayor Clark: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 11139, ADOPTED APRIL 14,
1994, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING APPROPRIATIONS FOR A CAPITAL IMPROVEMENT PROJECT
ENTITLED "WATSON ISLAND SANITARY SEWERS" IN THE AMOUNT OF
$2,000,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
25 June 30, 1994
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 De Yurre,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11161.
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.
----------------------------------------------------------------------------------------------------------------
12. AUTHORIZE EXECUTION OF CONTRACTUAL AGREEMENT WITH
DOWNTOWN MIAMI PARTNERSHIP (FORMERLY DMBA) -- TO
REHABILITATE 81 BUSINESSES IN ACCORDANCE WITH THE
COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE $113,400
FROM CDBG - COMMERCIAL FACADE REVITALIZATION PROGRAM
FUNDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 9 is moved by Commissioner Gort and seconded by Plummer.
Mayor Clark: OK.
Vice Mayor Dawkins: Are you the Mayor now?
Mayor Clark: He's trying to be.
Vice Mayor Dawkins: Looks like it. I mean, take it easy. Take it easy, young fellow. You'll
get to be the Mayor one day. Take it easy.
Mayor Clark: No discussion on this item. Call the roll, Madam Clerk.
Commissioner Plummer: Remind me I don't like you.
26 June 30, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-441
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACTUAL AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH DOWNTOWN MIAMI PARTNERSHIP (FORMERLY
DMBA), FOR THE PURPOSE OF REHABILITATING EIGHTY-ONE (81)
BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE
TREATMENT PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $113,400.00, FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, would you explain to my blue brother over there that the
reason Commissioner Gort was making this motion was because he's Chairman of DDA
(Downtown Development Authority).
Mayor Clark: I hear it now.
----------------------------------------------------------------------------------------------------------------
13. ALLOCATE $145,000 OF PREVIOUSLY APPROPRIATED 20TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, AS
FOLLOWS: (a) $60,000 TO JEWISH FAMILY SERVICES, INC. (FOR
CITYWIDE SENIOR CRIME WATCH PROGRAM); AND (b) $85,000 TO
THE GREATER MIAMI YOUTH SERVICES CORPS, INC. (FOR A PUBLIC
IMPROVEMENT PROGRAM) -- EXECUTE INDIVIDUAL AGREEMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. On item number 10.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
27 June 30, 1994
Mayor Clark: Any discussion?
Commissioner Plummer: Dawkins doesn't complain.
Mayor Clark: Hearing none, cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 94-442
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $145,000 OF 20TH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 11136, ADOPTED APRIL 14, 1994, AS
FOLLOWS: $60,000 TO JEWISH FAMILY SERVICES, INC. FOR THE CITYWIDE
SENIOR CRIME WATCH PROGRAM AND $85,000 TO THE GREATER MIAMI
YOUTH SERVICES CORPS, INC. FOR A PUBLIC IMPROVEMENT PROGRAM;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE
AFOREMENTIONED AGENCIES.
(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.
28 June 30, 1994
------------------------------------------ ---------------------------------------------------------------------
14. ALLOCATE $1,857,755 OF 20TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS AND $238,459 OF INDIRECT COSTS
FROM THE AFORESAID GRANT FUNDS (AS PREVIOUSLY
APPROPRIATED BY ORDINANCE 11136) FOR APPROVED SOCIAL
SERVICE PROJECTS: [Note: funded were: (A) ACTION COMMUNITY
CENTER, INC.; (B) ALLAPATTAH COMMUNITY ACTION, INC.; (C)
ALTERNATIVE PROGRAMS, INC.; (D) ASPIRA OF FLORIDA, INC.; (E)
ASSOCIATION FOR THE DEVELOPMENT OF THE EXCEPTIONAL; (F)
ASSOCIATION FOR THE USEFUL AGED, INC.; (G) BETTER WAY OF
MIAMI, INC.; (H) CATHOLIC COMMUNITY SERVICES, INC.: (i) CENTRO
MATER CHILDCARE, (ii) TEEN OUTREACH PROGRAM, (iii) L.H.
COMMUNITY CENTER CHILDCARE, (iv) NOTRE DAME DAY CARE,
AND (v) SAN JUAN DE PUERTO RICO DAY CARE AND
NEIGHBORHOOD CENTER; (I) CURE AIDS NOW, INC.; (J) FIRST UNITED
METHODIST CHURCH, INC. (K) HAITIAN AMERICAN CIVIC
ASSOCIATION, INC.; (L) HAITIAN AMERICAN COMMUNITY
ASSOCIATION OF DADE COUNTY, INC.; (M) HISPANIC COALITION,
INC.; (N) JAMES E. SCOTT COMMUNITY ASSOCIATION, INC. (JESCO);
(0) KIDCO, INC. (P) LIONS HOME FOR THE BLIND FOUNDATION; (Q)
LITTLE HAITI HOUSING ASSOCIATION, INC. (R) LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS, INC. (i) ELDERLY HOT MEALS,
AND (ii) PRO SALUD; (S) MIAMI COALITION FOR THE HOMELESS; (T)
MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC.; (U) MIAMI
MENTAL HEALTH CENTER, INC.; (V) OVERTOWN OPTIMIST CLUB; (W)
SOUTHWEST SOCIAL SERVICES, INC.; (X) ST. AGNES RAINBOW
VILLAGE, INC. (i) SUMMER CAMP, AND (ii) CHILD CARE; AND (Y) ST.
ALBAN'S DAY NURSERY, INC. -- EXECUTE AGREEMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 11.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Any discussion? Hearing none, cast a unanimous ballot.
29 June 30, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-443
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $1,857,755 OF
TWENTIETH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND $238,459 OF INDIRECT COSTS FROM THE AFORESAID GRANT FUNDS AS
APPROPRIATED BY ORDINANCE NO. 11136, ADOPTED APRIL 14, 1994, TO
PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL
SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
SAID AGENCIES FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
15. (A) ALLOCATE $48,600 (OUT OF 20TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS) TO DE
HOSTOS SENIOR CENTER -- TO OPERATE PROGRAM FOR THE
ELDERLY IN WYNWOOD TARGET AREA FOR THE PERIOD
7/1/94 - 7/30/95)-- EXECUTE AGREEMENT.
(B) DIRECT CITY MANAGER TO REQUIRE DE HOSTOS SENIOR
CENTER TO PROVIDE THE CITY WITH A THREE-MONTH
PROPOSED BUDGET AND DIRECT THAT FUNDS BE RELEASED
BY THE CITY ONLY UPON PRESENTATION OF PERTINENT
INVOICES.
Mayor Clark: Item number 12.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: No exceptions... Yes, sir.
Mr. Robert Arias: I believe there's some discussion.
30 June 30, 1994
_1
Mayor Clark: All right.
Commissioner Plummer: On which item?
Mr. Arias: Item number 12.
Commissioner Plummer: That's next.
Mayor Clark: Please come... Hand him the microphone, will you? Give us your name, please,
sir.
Mr. Arias: My name is Dr. Robert Arias. I'm the chairman of the board of De Hostos Senior
Center. We'd like to indulge your... ask for your indulgence in this matter, as if... You approved
already to our institution, to our agency, the full amount for one year back in April. At this point
in time, we have had some problems with the agency which we have taken steps to correct, as
the board of directors, and I believe we have them all corrected. I think Mr. Castaneda is very
well aware of what has transpired. I've been working with him very diligently on this. And at
the present time, I have been out-of-pocket, because I had a hip replaced, but I'm back in the ball
game now, and I expect to run this agency as it's supposed to be run. I think we've placed a
proposal with Mr. Castaneda that I think that he's relatively aware of what we're going to do.
Mayor Clark: Doctor, does this give you the money you're looking for?
Mr. Arias: No, sir. If you can approve this the whole year, as you approved it before, and you
can put us on probation for three months, for six months, for however long, but we cannot work
with just funds for three months, in view of the fact that we're going to have to pay the insurance
cost up front, workmen's compensation. There's several items that need to be paid off up front.
Mayor Clark: Let me ask Mr. Castaneda. How much does this amount to, and what is the total
year's budget?
Mr. Frank Castaneda: Commissioners, the total year's budget is a hundred and ninety-four
thousand, four hundred dollars. We are funding... Our recommendation is to fund them for
three months, and come back in September, and if everything is as right as I think things are
proceeding, fund them for the balance of the year.
Mayor Clark: All right. We think we under...
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: Couldn't we have them provide a budget of the costs that need to be
paid up front, let's say, the first three months, and we can provide them that money, so they can
take care of those needs? And that way, we can alleviate their concern of the up -front cost that
they're going to incur.
Mr. Castaneda: Commissioners, if you're concerned on that issue - and I'm not too clear on
their concern - if you want, we could add another five thousand dollars to the forty-eight, and
then give you fifty-three thousand, six hundred dollars, and make sure that you can cover
commitments that are for longer than the three-month period.
Commissioner De Yurre: Well, my motion would be, Mr. Mayor, so we can move along, is for
them to provide a budget of what monies they're going to be need for this three-month period, in
31 June 30, 1994
excess of... just dividing it and prorating it. If they need an extra, 'XI dollars, then we make it
available to them during this three-month period.
Commissioner Plummer: The amendment is acceptable.
Mr. Castaneda: Could we put a figure on it? Five thousand dollars would do it?
Mr. Arias: Well, the problem is, for example, the insurance is four thousand dollars. The
workmen's compensation is thirty-six hundred dollars. That can't be prorated into we're going
to pay one third now and one third...
Mayor Clark: Is ten thousand dollars enough?
Mr. Arias: Probably so. However, how are you going to provide that to us? Is it going to be one
sixth?
1
Mr. Odio: You give us a budget of what you need to pay up front, and we will take care of that,
according to the motion.
Commissioner De Yurre: Yeah, that's it.
Mr. Odio: That's it.
Commissioner De Yurre: You give them a budget.
Commissioner Plummer: Supply the invoices.
Mr. Arias: OK.
1 Commissioner Plummer: Supplying the invoices.
1 Mr. Arias: Now, let me clear up the fact that we're going to sign a contract for three months, or
we're going to sign a contract for one year?
l
Commissioner Plummer: Three months. You're on probation.
Mr. Odio: You are still the same, but you will get the monies up front to deal with the problems
you said you had to make payments up front. We will cover that, sir.
Mr. Arias: I understand that. The budget and the monies are one thing. The contract,
contractual agreement is what I'm asking.
Mr. Castaneda: Three months.
Mayor Clark: It will be for a year, as it was in the past, or somebody else will run it.
Mr. Arias: OK.
Mayor Clark: All right?
Commissioner De Yurre: Fine. OK. So moved.
Mayor Clark: Moved by Mr. De Yurre. Second by Mr. Gort.
32 June 30, 1994
Commissioner Plummer: Yeah, well, that's part of 12. There's no problem.
Mayor Clark: Cast a unanimous ballot. Thank you folks for coming down.
Mr. Arias: Thank you.
The following resolution and motion were introduced by Commissioner De Yurre, who moved
their adoption:
RESOLUTION NO. 94-444
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $194,395 OF
TWENTIETH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPROPRIATED BY ORDINANCE NO. 11136 TO DE HOSTOS SENIOR CENTER
TO OPERATE A PROGRAM FOR THE ELDERLY IN THE WYNWOOD TARGET
AREA FOR THE PERIOD JULY 1, 1994 THROUGH JUNE 30, 1995; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID
PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 94-444.1
A MOTION DIRECTING THE CITY MANAGER TO REQUIRE DE HOSTOS
SENIOR CENTER TO PROVIDE THE CITY OF MIAMI WITH PROPOSED
BUDGET FOR THE NEXT THREE MONTHS OUTLINING ANTICIPATED
COSTS/EXPENSES IN ORDER TO OPERATE SAID GROUP'S ELDERLY
PROGRAM IN WYNWOOD; FURTHER DIRECTING THE ADMINISTRATION TO
RELEASE REQUIRED FUNDS ONLY UPON RECEIPT OF PERTINENT
INVOICES.
[Note for the Record: The essence of this motion was incorporated into R-94-444.]
Upon being seconded by Commissioner Plummer, the resolution and motion 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.
.33 _ June 30, 1994
----------------------------------------------------------------------------------------------------------------
16. ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS TO THE TRI CITY COMMUNITY ASSOCIATION,
INC. -- FOR ITS HOME IMPROVEMENT PROJECT FOR LOW INCOME
PERSONS -- EXECUTE AGREEMENT.
Mayor Clark: Item 13.
Commissioner Plummer: Move it.
Mayor Clark: Any discussion?
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: This item, Tri-City, I think there's some individuals here who want to
speak on it.
Mayor Clark: Does someone want to speak on this item? Mr. De Yurre, do you want to speak
on this item?
Commissioner De Yurre: No.
Mr. Harry Brown: Yes.
Mayor Clark: All right. Let's have your name, please, for the record.
Mr. Brown: OK. Good morning. My name is Harry Brown. I'm from Tri-City Community
i Associates. We would like to thank the City for approving us for the twenty-five thousand
dollars. And one question that we have is, is this for the year?
Mayor Clark: Mr. Castaneda, is this for the full year?
Mr. Frank Castaneda: Yes, yes.
Commissioner Plummer: Yeah, of course.
Mr. Castaneda: We sat down with them, and we said that if their productivity increases and
everything is going fine, we'll come back here, and we'll be recommending additional money.
Vice Mayor Dawkins: When does the year end?
I Mr. Castaneda: The year goes from July 1st through June 30th.
Vice Mayor Dawkins: June 30th?
Mr. Castaneda: That's correct.
Vice Mayor Dawkins: So you're going to give them twenty-five dollars (sic) to last them from
June now till June 30th, 195. Is that what you're telling them?
34 June 30, 1994
Mr. Castaneda: Twenty-five thousand, July 1st through June 30th.
Vice Mayor Dawkins: Yeah. Well, you're telling them you're going to give them twenty-five
dollars (sic) to last them...
Commissioner Plummer: Twenty five thou...
Vice Mayor Dawkins: ... twelve months, and two into twenty-five gives you two thousand
dollars a month, and you expect them to be a viable, operational concern. Is that right?
Mayor Clark: Now let me ask this question.
Vice Mayor Dawkins: Go right ahead, Mr. Mayor.
Mayor Clark: Sir, did you have a budget you started out with?
Mr. Brown: Yes, we did, sir.
Mayor Clark: How much was it?
Mr. Brown: The original budget was a hundred and seventy-one thousand dollars. We made a
lot of variations to the budget since the...
Mayor Clark: Adjustments, and what's it now?
Mr. Brown: We're to eighty thousand.
Mayor Clark: Approve eighty thousand dollars.
Vice Mayor Dawkins: All right. Eighty thousand. What do you get from the County?
Mr. Brown: From the County, we get two hundred and ten thousand.
Vice Mayor Dawkins: So eighty plus... give them three hundred... Let's... I move that
whatever... that the City give them money to make it up to three hundred thousand dollars so that
they could operate.
Commissioner Gort: Mr. Dawkins.
Vice Mayor Dawkins: Yes, go right ahead.
Commissioner Gort: Mr. Mayor, I met with this group, and one of the requirements, my
understanding is, that with the money that was allocated to them was supposed to repair...
They're doing repairs on affordable houses within the neighborhoods. They were supposed to do
thirteen houses. Now, also, I think they got together with Frank Castaneda and with the housing
individuals, because my understanding is we're also providing loans to different neighborhoods
in order to do the services that this same company is doing, that this same corporation is doing.
One of the suggestions is, maybe the City, through the Housing Department, could contract with
these individual to provide the services going into that area, what they're doing, in effect, besides
the other money.
Vice Mayor Dawkins: We can't do that, Mr. Gort.
35 June 30, 1994
Commissioner Gort: Why not?
Commissioner Plummer: Have we seen the budget?
Vice Mayor Dawkins: Because we have to put it out for bid.
Commissioner Plummer: Have you seen a budget?
Vice Mayor Dawkins: We have to bid it. I mean, if we're, you know, if we're going that way,
Mr. Gort, we have to bid it.
Mr. Castaneda: No, no, Commissioners. We had a meeting with them and the Housing, and
basically, they have clients that could very easily participate in the single-family rehab program.
I
Vice Mayor Dawkins: You're not hearing Commissioner Gort. Commissioner Gort is saying
that they do houses, and the twenty-five thousand dollars you're offering them is not going to do
two houses. That's what he's trying to tell you. He's trying to find the methodology to ensure
that what they are supposed to be doing will benefit everybody in the City of Miami. That's all
he's saying.
Mayor Clark: Mr. Dawkins has a motion on the floor. Is there a second to the motion?
Commissioner Gort: What's the motion?
Vice Mayor Dawkins: Let the City bring up to three hundred thousand dollars, whatever else,
they're getting from the County.
Commissioner Gort: Second.
Mayor Clark: So a total of three hundred thousand.
Commissioner Plummer: Is that from all sources?
Vice Mayor Dawkins: Yes.
Mayor Clark: Yeah.
Commissioner Plummer: And all of the money from the City of... of our money will definitely
be spent within the City of Miami?
Vice Mayor Dawkins: Yes, sir, by all means.
Mayor Clark: Is there a second?
Commissioner Gort: I second it.
Mayor Clark: Any objections? Hearing none, cast a unanimous ballot. Thank you, folks.
Mr. Brown: Thank you very much. Thank you.
36 June 30, 1994
52
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-445
A RESOLUTION, WITH ATTACHMENT, ALLOCATING $90,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE TRI CITY COMMUNITY
ASSOCIATION, INC. FOR ITS HOME IMPROVEMENT PROJECT FOR LOW
INCOME PERSONS FOR THE PERIOD AUGUST 1, 1994 THROUGH JUNE 30,
1995; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
AFOREMENTIONED AGENCY FOR SAID PURPOSE.
(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.
37 June 30, 1994
N
5
----------------------------------------------------------------------------------------------------------------
17. ALLOCATE $242,180 OF PREVIOUSLY APPROPRIATED 20TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS
GRANTS/LOANS (PER ORDINANCE 11136) FOR PREVIOUSLY
APPROVED PHYSICAL IMPROVEMENTS PROJECTS: (a) ASSOCIATION
FOR THE DEVELOPMENT OF THE EXCEPTIONAL, INC.; AND (b) LITTLE
HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY,
INC. -- EXECUTE AGREEMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 14.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: Any discussion on 14? With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-446
A RESOLUTION ALLOCATING $242,180 OF TWENTIETH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS APPROPRIATED BY ORDINANCE NO.
11136, ADOPTED APRIL 14, 1994, AS GRANT/LOANS TO TWO (2) AGENCIES AS
HEREIN SPECIFIED FOR PREVIOUSLY APPROVED PHYSICAL IMPROVEMENT
PROJECTS; REQUIRING THAT SAID GRANT/LOANS BE REPAID TO THE CITY
IF THE RENOVATED PROPERTY IS SOLD; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PROJECTS.
(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.
38 June 30, 1994
----------------------------------------------------------------------------------------------------------------
18. AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT
WITH MRA INTERNATIONAL, INC. -- TO PREPARE A CONCEPTUAL
REDEVELOPMENT PLAN FOR THE DINNER KEY AREA PROPERTIES,
INCLUDING VIRRICK GYM, DINNER KEY BOATYARD AND MARINA,
AND OTHER SURROUNDING PROPERTY OWNED BY THE CITY
($50,000).
Mayor Clark: Fifteen.
Commissioner Plummer: We need some discussion on 15.
Mayor Clark: All right, sir.
Vice Mayor Dawkins: A lot of discussion.
Commissioner Plummer: Well, you know, all of these ideas here, I said before, and I'll use
Virrick Gym as an example. It's well and good to talk about redoing Virrick Gym and spending
all this money for a conceptual plan, but I got to know, where is the money that's going to do the
plan? Because we've been informed that primarily, you're looking at Virrick Gym alone.
Mr. Cesar Odio (City Manager): No, sir. You are being misinformed.
Commissioner Plummer: Excuse me. I was told by staff that to redo Virrick Gym would cost
approximately two million dollars...
Mr. Odio: No.
Commissioner Plummer: ... but you would not know until you actually got into it as to what the
total cost would be.
Mr. Odio: You asked me to come back with a plan for the waterfront here, after the charrette.
This consultant has been invaluable. He has been best that I have ever worked with in helping us
put a plan together. Virrick Gym is part of the plan. We do not know at this time what it would
cost to rebuild.
Commissioner Plummer: Excuse me, Mr. Manager.
Mr. Odio: We've been working in a committee now. We're waiting for two engineers, outside
engineering firms that are doing a study to tell us what needs to be replaced, what are the
demands that are on those buildings. It's not only Virrick, it's the other two hangars.
Commissioner Plummer: Sir, you're speaking out of the terms of where I was located.
Mr. Odio: I don't know where you...
Commissioner Plummer: I was speaking to Virrick Gym, and I would ask you to please call
Chief Rollason, who, it was his statement on the record that Virrick Gym would cost no less than
two million dollars, that he gave the record of the money from FEMA (Federal Emergency
Management Agency). And where was the rest of the money coming from? You know,
downstairs in these halls are filled with studies that were approved, and have been gathering dust
for years. Now, you're telling me that we've got real budget problems.
39 June 30, 1994
Mayor Clark: All right. Let's talk to Chief Rollason.
Commissioner Plummer: Chief, did you make a statement on the record prior that the Virrick
Gym was at least two million, but could be more, once you got into redoing it?
Chief Frank Rollason: Right. I was asked at a Commission meeting...
Commissioner Plummer: Exactly.
Chief Rollason: ... what was my estimate of what we felt we were at this point, and from the
engineers that we had at that time, that we were looking at approximately two million dollars.
Commissioner Plummer: And you would not say that for sure until you started into it, because
you could be looking at a different picture once you got into it.
Chief Rollason: That's correct.
Commissioner Plummer: Yeah. Thank you, sir.
Chief Rollason: There was some that was hurricane damage, and some that wouldn't be
hurricane -related, and what the insurance would pay and wouldn't pay, we wouldn't know until
we got into it.
Commissioner Plummer: OK.
Mayor Clark: Would this, Mr. Manager, would this clear up the issue then, and find out exactly
what we're talking about?
Mr. Odio: Yes, sir. This...
Mayor Clark: Let me tell me colleagues this. Willy was there alongside of me, and so was the
Chief. When we attended Standard and Poore's, and also Moody's the other day, they... In our
bond rating, we're trying to get out of a negative status, up there in New York, and I think we're
out of it now, because they requested... They didn't tell us what to do, but MRA was the
organization they had a lot of faith in, insofar as our bonding ability is concerned. When they
came back with the report, we told them MRA was on the agenda to be approved, that MRA...
They were very satisfied with it. I'm trying to get the City back in some type of a secure
position, insofar as our bond rating is concerned, because one point, one point up or down could
mean millions of dollars to the taxpayers of this community, and that's the reason I think the
Manager up with this at the present time. Am I wrong now, Chief? You were there, the
Manager was there, and my colleague, Willy Gort, was right beside me.
Commissioner Plummer: Mr. Mayor, I still go back to my point. It's fine to do studies, and it's
fine to get the best group in the world, and it doesn't say how much they are going to...
Vice Mayor Dawkins: Fifty thousand.
Commissioner Plummer: I guess they're not to get less than fifty thousand. But, Mr. Mayor,
what good is a study for a grandiose plan, which the paper will write about, and then two years
later, write about why hasn't the City implemented the plan? And the simple reason is, we don't
have the money.
Mr. Odio: You are assuming that, Commissioner. MRA will find, advise us on how to find
monies if we needed to. We have had meetings... I didn't want to do this now. We have had
40 June 30, 1994
W
meetings with the Olympic Committee, we have had meetings with groups that would be
interested in doing the work for us with their money. So you have to wait until we finish this
report to decide whether you want to vote for it or not.
Commissioner Plummer: Mr. Mayor, my...
Mayor Clark: They also provide, J.L., the financial wherewithal to make the job a complete
thing.
Commissioner Plummer: My final comment, Mr. Mayor, is the next time and from henceforth
until October 1, when the Manager comes crying poor mouth to me, I won't believe him.
Mayor Clark: You'll loan him money, I know it.
Vice Mayor Dawkins: That's right, and vote for the budget, too, when it comes up here.
Mayor Clark: Mr. Gort, you have the floor.
Commissioner Gort: Mr. Mayor, as I recall, when we had the meeting here, we asked the
Manager and the people in Coconut Grove to go back and try to come up with a plan, and once
we looked at the plan, the feasibility of doing it or not doing it. They were supposed to be
working with us to try to help us with the financing and locate the money. We can't do anything
until we know what's going to happen, what it takes, and how much it's going to take. We need
to find that out. I don't know if we have a study that has been done in the past. I agree with J.L.
If we have a study that's been done in the past that tells us what to do, let's look at it. If we
don't, then we need one.
Mayor Clark: Well, this is... Do you move this item, you say?
Commissioner Gort: Yes, sir.
Mayor Clark: All right. Is there a second?
Commissioner De Yurre: I'll second it for discussion, Mr. Mayor.
Mayor Clark: All right.
Commissioner De Yurre: Because one thing that I want to know, and I want to make sure of, is
that they just don't come back with one plan, one alternative, because one of the ones I'm
looking for is one that says, "You knock down Virrick Gym." That's one I'm looking for. So
I'd like to see that as an option, make sure that that's an alternative, as far as costs are concerned,
that we can build something there that's going to be suitable for the community, among other
alternatives. I just don't want something that somebody wants to see happen, and that's the
end... And that's what's going to come back in the report. I want to see alternatives.
Mr. John A. Brennan: Mr. Mayor...
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: It was my understanding...
Mayor Clark: We'll let you talk, just a moment.
Vice Mayor Dawkins: ... that we were going to file for a charrette...
41 June 30, 1994
10
W
Mayor Clark: We did.
Vice Mayor Dawkins: ... and it would 'come back with individuals or groups with conceptual
plans and financial backing in place.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: Now, that was my understanding.
Commissioner Plummer: That was mine.
Vice Mayor Dawkins: Now, we're going to spend fifty thousand dollars just to tell me that it
would be great if we go out and hire whoever to do this beautiful plan. Then, we got to go look
for the financing. I mean, it was... My understanding was that whoever came up with whatever
we were going to put from Pan American Drive to Monty Trainer's door would find the
financing, and come up with, as he said, not one conceptual plan or schematic drawing, but two
or three, and each one would have the funding in place. Now, that was my understanding.
Mayor Clark: All right. Let's hear from these people right now. Yes, sir.
Mr. Brennan: My name is John A. Brennan. I'm a taxpayer around here. I would like to have,
if this proposal is passed, I would like to have included in the proposal... I just got through
reading the proposal a couple of times. It says... It makes no mention of what the public asks for
this property. The charrette that was carried on here a few months ago was extended for a long
period of time. The City spent quite a bit of money on that, too. But the City community, the
interested people in this community asked for the buildings to be held up, do not tear down the
buildings, the boatyard to be maintained, and that the Virrick Gym be a community center. I
hope that... If you just add those things into your request to the consultant, I personally would
not have a big problem with you having another consultant, but that is, of course, your job.
Thank you.
Mayor Clark: Thank you very much. Yes, sir.
Mr. Bruce Reep: My name is Bruce Reep. On the March 24th meeting, Cesar Odio was
instructed by this Commission to do a feasibility study based on the Virrick Gym charrette. And
I have the tape, that's what he was instructed to do, and I would like him to have the time to do
so. The consulting engineers that are doing all the work in the analysis of what it's actually
going to cost to do these buildings is not completed. He only has a preliminary report. Please
allow him to finish what he needs to do, getting in at least the cost that it would take to make
these buildings up to par, up to all the codes, and so we will know what it cost to do it. And let
him go forward with trying to finish what he's already started. He's already hired consulting
engineers to come in, constructional engineers, electrical engineers. Let him finish his job.
Mayor Clark: Sir, he's requesting this.
Mr. Reep: OK. Wait a second. And the second thing is, when he requests this, his proposals
here is for 1985 master plan. It does not mention the Virrick Gym charrette study, which he's
supposedly doing a feasibility study on. He's supposed to be doing a feasibility study on what
the community asked for. Is it feasible? Well, you can't do that if now, you're going to go back
nine years to the master plans. All we ask is that he does, if you do allow this to pass, as Mr.
Brennan said, please make sure that it's based on what you had instructed him to do; that this
group that would be paid fifty thousand dollars, the MAR group would do it based on the Virrick
Gym charrette study, as the community has already spent a lot of time and energy, and so have
you, and money. But let him go through the process.
42 June 30, 1994
Mayor Clark: All right.
Mr. Reep: But make sure we're included, that the Virrick Gym charrette study is included.
Mayor Clark: Thank you, sir.
Mr. Reep: Thank you.
Mayor Clark: Yes, sir.
Mr. John Riordan: Yes. John Riordan. I'm a landscape architect. I live at 3141 McDonald
Street, Coconut Grove. I was on the charrette, and the community pretty well expressed itself,
what it wants for Dinner Key, and I don't see that being included in this proposal, or even
mentioned. We are upset about it. Another thing I would mention is that there's no
consideration given to the overall new - still in abeyance - Grove master plan. That's been
sitting around for a year and a half. I mean, you know, if you're going to do it, do it, but let's
have a logical process. We're upset. Thank you.
Mayor Clark: Thank you, sir. Yes, ma'am.
Ms. Joyce Nelson: My name is Joyce Nelson, president of the Coconut Grove Civic Club. I
wrote all of you a letter yesterday and brought it to your office. The community has worked
very hard on this project. You asked for their input. They spent the time, they have come to
meetings, they have done everything you have asked them to do. And then, again, it seems like
we're being undermined, and you're going off on your own idea of a plan, several plans of your
choice. We did our study, we said what we wanted, you've heard what we wanted, and now, we
would like the plan implemented. That's what we're asking you to do.
Mayor Clark: Thank you very much.
Commissioner Gort: Excuse me, Mr. Mayor. Is it my understanding this motion is to
complement what they're stating?
Mayor Clark: Yes.
Commissioner Gort: Am I correct when I made my motion?
Mayor Clark: Yes.
Commissioner Gort: Or am I hearing wrong?
Commissioner Plummer: No.
Commissioner Gort: OK. I just wanted to clear the record.
Mayor Clark. All right. Call the roll, Madam Clerk.
43 June 30, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-447
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MRA INTERNATIONAL, INC.
("CONSULTANT") TO PREPARE A CONCEPTUAL DEVELOPMENT PLAN FOR
THE DINNER KEY AREA PROPERTIES INCLUDING VIRRICK GYM, DINNER
KEY BOATYARD & MARINA, AND THE OTHER SURROUNDING PROPERTY
OWNED BY THE CITY, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND
DOLLARS ($50,000.00); ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
v: ivm
None.
----------------------------------------------------------------------------------------------------------------
19. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY
UNIFIED DEVELOPMENT PROJECT (UDP) -- SET PUBLIC HEARING TO
TAKE TESTIMONY REGARDING SAID RFP FOR DEVELOPMENT OF A
MEGA YACHT MARINA AND RELATED USES ON CITY -OWNED
WATERFRONT PROPERTY LOCATED AT WATSON ISLAND.
Mayor Clark: Item number...
Commissioner Plummer: Fifteen.
Mayor Clark: Sixteen.
Commissioner Plummer: It's to set a public hearing for the October the 13th for the Megayacht
on Watson Island, and it's only to establish the best method. It is not actually the RFP (Request
for Proposals). I will so move that a public hearing be held, Mr. Mayor.
44 June 30, 1994
Mayor Clark: Is there a second? I lost them all.
Commissioner Plummer: I'm sorry?
Vice Mayor Dawkins: What number are we on?
Commissioner Plummer: Item 16, to set a public hearing.
Mayor Clark: We're trying to run this meeting to get you out of here on time.
Vice Mayor Dawkins: You're doing all right, now.
Mayor Clark: I will.
Vice Mayor Dawkins: Fifteen? Fifteen?
Mayor Clark: Yes, get a second to it.
Vice Mayor Dawkins: Sixteen. OK, what is 16? Hold it, bear with me. All right.
Commissioner Plummer: To set a public hearing, Miller.
Vice Mayor Dawkins: No, no, no.
Mayor Clark: No?
Vice Mayor Dawkins: No.
Mayor Clark: Why did you call him back? Victor?
Commissioner Plummer: What?
Mayor Clark: Do you second?
Vice Mayor Dawkins: No.
Mayor Clark: I got to get a yes vote somewhere.
Commissioner Plummer: Oh, OK. Two out of three is...
Mayor Clark: You vote on this public hearing? He seconds the motion.
Commissioner De Yurre: What item?
Commissioner Plummer: Sixteen, Victor.
Mayor Clark: All in favor, signify by saying "aye"; opposed, like sign. So ordered.
Commissioner Plummer: Yes. All right. That's it.
45 June 30, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-448
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD
TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT
LAND IS BY THE UNIFIED DEVELOPMENT PROJECT (UDP) PROCESS;
AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR
PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC
HEARING FOR OCTOBER 13, 1994 AT 10:00 A.M. TO TAKE TESTIMONY
REGARDING SAID RFP FOR THE DEVELOPMENT OF A MEGA YACHT
MARINA AND RELATED USES ON CITY -OWNED WATERFRONT PROPERTY
LOCATED AT WATSON ISLAND, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Clark: Number 17.
Commissioner Plummer: Seventeen, 18 and 19 are withdrawn. We're on 20.
----------------------------------------------------------------------------------------------------------------
20. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO ACCEPT RECOMMENDATION OF THE CITY'S AUDIT
ADVISORY COMMITTEE'S RANKING OF THE TOP THREE TEAMS OF
CERTIFIED PUBLIC ACCOUNTING FIRMS PROPOSING SERVICES AS
EXTERNAL AUDITORS FOR THE CITY OF MIAMI, ETC.. (See label 22)
Mayor Clark: OK. Item number 20.
Commissioner Plummer: I'll move 20.
Vice Mayor Dawkins: Twenty? All right, hold it, hold it, hold it.
Mayor Clark: Where's Willy? Where's Willy?
Commissioner Plummer: I don't move 20.
46 June 30, 1994
V
Vice Mayor Dawkins: OK. All right. You can call anybody. Call the Army, the Navy, and
everybody. Call everybody out here.
Mayor Clark: Where's Willy?
Vice Mayor Dawkins: Because this is one that I have a problem with.
Mayor Clark: All right. Where's Willy?
Commissioner Plummer: Well, Mr. Mayor, till they get back, why don't we go ahead and come
back.
Vice Mayor Dawkins: No, no. You all are going to push 20 through anyway. You just heard he
got... he wants three votes. So let's just say what I got to say and you all pass it. That's all.
Mayor Clark: Wait a minute, let's wait and go to 21. Twenty-one is withdrawn.
Commissioner Plummer: Twenty-one is withdrawn.
AT THIS POINT, ITEM 20 WAS TABLED.
---------------------- --------------- ---------------------------------------------------------------------------
21. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR
SOLID WASTE COLLECTION SERVICES, INCLUDING RECYCLING --
CITY MANAGER DIRECTED TO HOLD AN INFORMATIONAL MEETING
AT CITY HALL FOR THE PUBLIC'S INPUT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-two,
Commissioner Plummer: Twenty-two is Miller, on...
Vice Mayor Dawkins: Move it. No.
Mr. David Kennedy: Mr. Mayor.
Mayor Clark: Yes.
Mr. Kennedy: Mr. Mayor and Honorable Commissioners, my name is David Kennedy.
Mayor Clark: Yes.
Mr. Kennedy: Address is 1150 Northwest 72nd Avenue. I represent the Dade Waste Haulers'
Council. This is a group of thirty independent haulers who pick up about thirty percent of the
commercial trash and garbage in this community, and have two thousand families needing their
economic welfare from us. The County has set up a series of workshops to discuss items so that
everybody can have an input in it. We would like to request that before you put out an RFP
(Request for Proposals) that you would have a workshop so that everybody could have input and
bring out their problems that... So you know that there are independents out there that would
like to have some of the game.
Mayor Clark: All right. Mr. Manager, would you respond?
47 June 30, 1994
Mr. Cesar Odio: No, I... The RFP process is a long, drawn out process. They will have a... We
have meetings when we draft the RFP, whoever wants to bid on it, and they can discuss it
openly.
Commissioner Plummer: Mr. Manager, that's not what I'm hearing former Mayor Kennedy say.
What I'm hearing him say, I don't see any problem with; that if, in fact, we approve 22, to
consider going to the RFP, that we have a conceptual town hall meeting allowing people to come
in and speak their mind about the scenario. What's wrong with that?
Mr. Odio: I don't know...
Vice Mayor Dawkins: That's not what I heard.
Commissioner Plummer: Oh.
Mr. Odio: That's not what you heard. You heard different than I did.
Commissioner Plummer: All right. Well, then...
Vice Mayor Dawkins: Wait a minute now. Let's be sure. Let's be sure what we're hearing.
Commissioner Plummer: All right.
Vice Mayor Dawkins: I think I heard former Mayor Kennedy say that they wanted to conduct a
workshop, the firm he's with, and draw up the RFP, and put it out.
Commissioner Plummer: No, no, no.
Vice Mayor Dawkins: OK. Well, tell me what you're saying then.
Commissioner Plummer: No. Excuse me. If... Dave, come back up and clarify it for us.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: All right? My understanding is we have like a town hall meeting
where all of the private haulers, everbody who wants to speak on the issue, come speak!
Mr. Kennedy: Absolutely. We don't want to draw up the RFP. That would be nice,
Commissioner, but...
Commissioner Plummer: It's too good to be true.
Vice Mayor Dawkins: Well, why do I need the people from the private haulers to come tell me
how to pick up garbage in the City of Miami? Why?
Commissioner Plummer: Excuse me. Unless I'm mistaken, Miller...
Vice Mayor Dawkins: Say what, now?
Commissioner Plummer: That's not what they're talking about.
Vice Mayor Dawkins:, What are they talking about?
48 June 30, 1994
Commissioner Plummer: They want to come and express their overall view about the garbage
situation.
Vice Mayor Dawkins: Like what? What is the overall view, other than picking it up?
Commissioner Plummer: Getting rid of it, which is the most expensive point, I understand at
this point...
Mr. Odio: That's not our part.
Vice Mayor Dawkins: Well, that's out. We'll put that in an RFP. What else they got to show
me?
Mr. Kennedy: Well, we want to talk about, if you're going to do a privatization, for example.
Vice Mayor Dawkins: That's the only reason we're going to have the RFP.
Mr. Kennedy: All right. If it's going to be that way, we would like to have it divided into
districts...
Vice Mayor Dawkins: No. No, we aren't going to do you... No. See...
Mr. Kennedy... so that the smaller companies would have an opportunity to bid on some of these
projects, rather than just knock all the small companies out of business.
Vice Mayor Dawkins: Oh. Well then... Well, see, well now you got my attention. See, you
could have said that at first, and I wouldn't have to go through this. Divide it where smaller
companies can participate. Well, you got me wholeheartedly now. Go ahead.
Commissioner Plummer: I really see no problem of people wanting to come and speak go the
Commission in a town hall...
Vice Mayor Dawkins: That's not what he said. He just said he's interested in bringing it down
where smaller companies can go into it.
Mr. Odio: I can save a lot of discussion here.
Mayor Clark: Let's hear from the Manager.
Mr. Odio: What we're asking here today is that we draft the RFP, we bring it back to discuss it
here in a public hearing, and they can say whatever they want then.
Commissioner Plummer: And you know what's going to happen? The usual.
Mr. Odio: But to delay this process even more, and you've been talking about October 1st, then
we'll never make the October 1st deadline. We need to...
Vice Mayor Dawkins: Mr. Mayor, I'll say one thing. I'm like J.L., this is my final comment. I
agree with former Mayor Kennedy's concept. And the only way his concept can be included is
that when we put out the RFP, it must be structured to sat that smaller companies will be looked
at favorably, or et cetera, et cetera, so that they can... The smaller company cannot bid with
Waste Management effectively.
Commissioner Plummer: Well, Mr. Mayor, I don't think it's the intent of anybody to stop the
RFP, because if we don't go with an RFP and agree to go privatization, there's nothing else
49 June 30, 1994
j really to talk about, other than the ongoing problems, hopefully resolved in the Sanitation
Department now.
Vice Mayor Dawkins: You know, J.L., you are right. Let's go with RFP. The Manager has...
Everybody out here, including the present garbage people have to know that when the Manager I
says that it's privatization, it's five votes up here that go with what the Manager recommends.
Everybody has to know that. So let's put that out now, and then let's come back and do
whatever we have to do to the RFP. So I move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: With no objection to the RFP, cast a unanimous ballot, Madam Clerk.
4
Commissioner Plummer: But, Mr. Mayor, I also have... I'm sorry.
Vice Mayor Dawkins: What?
Commissioner Plummer: I have to add that the group of people petition the Manager for
wanting to have a meeting to talk about the issue, that the Manager would be instructed to call
such a meeting here at City Hall, whether the Commission is here or not, you would have that
# opportunity.
iMayor Clark: To have that information...
Commissioner Plummer: It would not be a formal meeting.
Mayor Clark: To have that information available for us.
Commissioner Plummer: Informational meeting. I see nothing wrong with that, sir.
jMayor Clark: All right. Fine. We've already passed the other.
Mr. Odio: Me neither.
50 June 30, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-449
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE A
REQUEST FOR PROPOSALS (RFP), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SOLID WASTE COLLECTION SERVICES INCLUDING
RECYCLING; SAID RFP TO BE PRESENTED TO THE CITY COMMISSION FOR
ITS REVIEW AND APPROVAL PRIOR TO ADVERTISEMENT AND ISSUANCE.
(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.
----------------------------------------------------------------------------------------------------------------
22. (Continued discussion) RESOLUTION TO ACCEPT CITY'S AUDIT
ADVISORY COMMITTEE'S RANKING OF TOP 3 CPA FIRMS PROPOSING
SERVICES AS THE CITY'S EXTERNAL AUDITORS -- MANAGER
DIRECTED TO EXTEND PRESENT CONTRACT WITH DELOITTE
TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS; SHARPTON, BRUNSON
& CO., P.A.; VERDEJA AND GRAVIER, P.A., AND WATSON AND CO.,
P.A. FOR ONE ADDITIONAL YEAR AT THE SAME LEVEL OF
COMPENSATION IN ORDER TO DEVELOP NEW RFP. (See label 20)
Mayor Clark: Let's go back to item number 20. It's the external auditor selection. They
recommended three teams; is that right? One to...
Commissioner Plummer: They rank three teams, Mr. Mayor.
Mayor Clark: Rank them one, two, three; one, two and three.
Commissioner Plummer: We passed it.
Mayor Clark: We didn't move on this yet.
Vice Mayor Dawkins: The only thing I... Mr. Mayor, under discussion, on 20. We're on 20,
Mr. Mayor?
51 June 30, 1994
W
Mayor Clark: Yes, sir.
"�
Vice Mayor Dawkins: Under discussion. I sit here constantly, and I say, and we started out by
having the big eight, the big ten, or whatever it is, include blacks, Hispanic, and women on their
bids. And I said at that time that in one day, one of these firms should have learned by now to be
the lead on this, and one of the big eight companies or big ten would be the co. But every time I
come up here, the City of Miami goes and picks a firm, and it has five percent, ten percent, 15
percent minority participation, and they keep doing it over, and over, and over. Never do they
come up here and say, on this one, the split is fifty/fifty, or fifty-one for the minorities and forty-
nine for us. And so that's my complaint, and I'll be voting no, because I can... Nobody seems to
understand that the smaller companies will never be able to put on their resume that they handled
one of these, if you don't let them.
Mayor Clark: All right.
Mr. Carlos Garcia: Mr. Mayor, Commissioners...
Commissioner Plummer: Excuse me. Can I understand? Now, what you're saying is that none
of the three are acceptable to you at this point, because they don't give a minority at least fifty
percent? Is that...
Vice Mayor Dawkins: No. A sizeable amount of it, J.L. I don't care whether it's fifty or not,
but at least more than twenty-five or ten, fifteen percent.
Commissioner Plummer: Well, let me ask this question.
Mayor Clark: Yes.
Commissioner Plummer: Mr. Garcia, you went through all these propositions.
Mr. Garcia: Yes, sir.
Commissioner Plummer: Just take any one of the firms and tell me what is the minority
participation, really, and the firm, the largest participation of minority, which firm, and if not...
Don't mention the name.
Mr. Garcia: Yes, sir. The top three firms are willing to give fifty percent of the contract to
minority firms. The firm that was ranked number one was planning to give twenty-two percent
to a black firm, eighteen percent to a Hispanic firm, and ten percent to a female -owned firm.
Vice Mayor Dawkins: Who... Where is that, who is that?
Mr. Garcia: The firm of KPMG Pete Marwick.
Vice Mayor Dawkins: All right. Where are they located?
Mr. Garcia: They have an office here in Miami.
Vice Mayor Dawkins: Where is their main office?
Mr. Garcia: I don't know, but I know the office...
Vice Mayor Dawkins: You know it's not in Miami though, don't you?
52 June 30, 1994
Mr. Garcia: Well, the office that is handling...
Vice Mayor Dawkins: The main office is not in Miami, correct?
Mr. Garcia: Probably not.
Vice Mayor Dawkins: OK. Thank you.
Mr. Garcia: But the office that would be handling this account would be here, locally. The
second firm also has a thirty percent of the contract to a Hispanic firm, fifteen percent to a black -
owned firm, and five percent to a female -owned firm. And the third firm has said that they will
give fifty percent of the contract to minority firms, without specifying which percentage goes to
every firm.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: We have a committee to sit down and look at all those proposals, and I
guess we have a recommendation. Could we go through the process, instead of asking specific
questions?
Mayor Clark: You said all three are qualified, right?
Mr. Garcia: Yes, Mr. Mayor. Both... All three of them are top firms. Yes.
Commissioner Plummer: I only have one other question. Did you negotiate price?
Mr. Garcia: The price was considered as part of the request.
Mayor Clark: The rating?
Commissioner Plummer: No, no, the price, how much they're going to charge us.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: Oh, I'm sorry. I thought...
Mr. Garcia: Yes. The price was considered as part of the selection process.
Commissioner Plummer: OK. Tell me of "A," "B," and "C," what was the different...
Commissioner Gort: Mr. Mayor...
Mr. Garcia: OK. Of... Of the... Of firm number one...
Mayor Clark: Please, J.L. Just a moment, please. Mr. Gort.
Commissioner Gort: I'm a new guy in here, so I got a lot of questions, and I got a lot of
problems. If we have a procedure, I'd like to go through the procedure. If there's a committee
that we would listen to the report, I'd like to listen from the report, how they went about, how
they selected, what was the procedure used to select the people.
Mayor Clark: Where is the committee?
53 June 30, 1994
i
i
,
Mr. Garcia: I don't believe they are here today, Mr. Mayor. I'm representing the Committee,
but I'm City staff. I don't vote on the committee.
Mayor Clark: No. Let me say this. Before we go ahead with this, Mr. Gort is new, and he's our
bond expert now on the Commission. I suggest we defer this, Mr. Manager. Let Mr. Gort be
fully informed as to what... Yes, sir?
Commissioner Gort: No, I read my backup material. I'm aware of this. That's why I got doubts
from some of the questions that are being asked, and if you want to defer, it's fine with me, but I
read the backup material. But I want everybody here... There's a lot of public in here, there's a
lot of people here. I want them to be aware of what's the procedure the City uses in selecting its
vendors.
Mayor Clark: Well, when you select three vendors, it doesn't mean you have to pick any one of
them, do you? There's no...
Mr. Garcia: You can pick up any three of them. The Audit Advisory Committee is
recommending that you pick firm number one. But again, the City Commission has the latitude
of picking any of the top three firms.
Mayor Clark: Well, if that be the case...
Commissioner Plummer: Can I get my answer, Mr. Mayor?
Mayor Clark: Yes.
Commissioner Plummer: I'd like to know the price.
Mr. Garcia: Yes.
Commissioner Plummer: How much?
Mr. Garcia: Of firm number one, the price was minimum three hundred and fifteen thousand
dollars with a cap of three hundred and fifty thousand dollars. OK?
Commissioner Plummer: So that's it, that's three -fifty?
Mr. Garcia: That's firm number one.
Commissioner Plummer: OK.
Mr. Garcia: Firm number two, three hundred and sixty-eight thousand dollars, flat. OK?
Commissioner Plummer: Regardless.
Mr. Garcia: Firm number three...
Commissioner Plummer: That's more honest, by the way.
Mr. Garcia: Yes.
Commissioner Plummer: Go ahead.
54 June 30, 1994
Mr. Garcia: Firm number three, also three hundred and sixty-eight thousand dollars flat. Firm
number four, which is not being recommended at all, was three hundred and thirty thousand
dollars, which was Coopers and Lybrand.
Mayor Clark: Well, you asked to pick three. Willy?
Commissioner Plummer: Well, wait a minute, wait a minute. Here, now, you've really got me.
And I could speak freely now about Coopers and Lybrand, because they're no longer my
personal auditors. You can't convince me that Coopers/Lybrand is a schlock outfit. Hello? I'm
calling collect. Tell me why one of the big eight, a Coopers/Lybrand, who is a top notch firm,
was not included in the top three, and especially when they were the cheapest.
Mr. Garcia: Well, Coopers and Lybrand is a very good firm. But again, I'm speaking on behalf
of the committee. I did not make that decision myself, but they felt that the other three firms
were stronger in the area of municipal financing.
Commissioner Plummer: Well, that's a good point. OK. What do you want to do, Mr. Gort?
Mr. Garcia: Mr. Mayor and Commissioners, if I may say so, we have a time constraint here.
This process should have been finalized by now. I imply that, you know... I hope that you will
make a decision today.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: From my understanding, we had a committee that sat down and listened to
all the proposals. They read all the proposals. They had the assignment to do a selection, and to
come with some recommendation to us. It's up to us either to accept the recommendation of the
committee or not. And I don't have any problem with accepting the recommendation of the
Committee.
Mayor Clark: You move the recommendation of the committee?
Commissioner Gort: I don't have any problem moving that.
Mayor Clark: Well, let's get a motion. Do you want to speak, sir?
Mr. Sherrill Hudson: My name is Sherrill Hudson. I'm the managing partner of Deloitte and
Touche. I live at 15325 Southwest 74th Court. We have served as the auditors of the City of
Miami for the last five years. I think if you check with the staff, we've done a fantastic job. The
City is going through a tremendous amount of changes right now. You're implementing a new
financial system, and I think it would be very, very disruptive at this time to make a change. I
think we bring a wealth of talent here. We have a Hispanic woman that would be the partner in
charge to follow Frank Paredes, who has been the partner over here. We started, Commissioner
Dawkins, years ago, I believe it was one of the first times in this community, when we had fifty
percent participation of minority firms, and we had a terrific team. We had twenty-two and a
half, twenty-two and a half, and five percent. What I would urge you to do is that the cost
involved, the disruption that would be there, and lost time, now is not a good time to do it. We
have a great team that would continue the tradition that we've done in the past five years. Thank
you.
55 June 30, 1994
Mayor Clark: How long is this contract, Carlos?
j
Commissioner Plummer: It's proposed for five years.
Mr. Garcia: Five years. Mr. Mayor.
Mayor Clark: Does the Commission need any more information?
Unidentified Speaker: Mr. Mayor.
i Mayor Clark: Why don't we extend the contract one year, and then...
Commissioner Plummer: Can we do that?
Vice Mayor Dawkins: I'll go with it?
Mayor Clark: Huh?
Vice Mayor Dawkins: I'll go with it.
Mr. Odio: They have the option to decide to extend it for a year, if they so choose.
A. Quinn Jones, 111, Esq. (City Attorney): If there is no provision in the contract to extend it,
you can't extend it.
Vice Mayor Dawkins: It's all here, Mr. City Attorney. We are going to vote.
Mayor Clark: What are you saying?
Mr. Jones: Well, I'm saying, I was just asking Mr. Garcia whether, since I'm not familiar with
the contract, if there's a provision in there that allows for an extension. If it's not, then certainly,
you don't have any basis to extend it.
Mr. Garcia: There's no extension on the contract, but I think the Law Department had said
before that if there is an emergency, we could extend the contract for another year, and then go
out for bids again. But that's...
Commissioner De Yurre: Excuse me. Excuse me a second. Mr. Mayor...
Mr. Garcia: Again, I am not speaking, I cannot speak for the City Attorney.
Commissioner De Yurre: The City Attorney just made a comment which is, you know, kind of
mind -boggling. You said that the City Attorney's Office has not seen the contract?
Mr. Jones: No, that's not what I said, Commissioner. I said I have not seen the contract.
Perhaps there has been someone in my office that has reviewed it.
Commissioner De Yurre: Well...
Mr. Jones: All I'm saying to you, if there is no provision in the contract that would allow for an
extension, then, of course, you don't have any basis to extend it. That's all I'm saying.
Mayor Clark: Can you extend it or can't you?
56 June 30, 1994
,r
Vice Mayor Dawkins: There has to be a provision in the end of it, Mr. Mayor, which says that it
can be renewed or not renewed at your... Go right ahead.
Commissioner Gort: Mr. Mayor.
Vice Mayor Dawkins: I yield, Mr. Gort.
Commissioner Gort: I have a question. Something has been brought up about the changes in the
computer. How does staff feel about that?
Mr. Garcia: Well, evidently, that's going to create some additional work, and it will be easier to
have.., to remain with the auditors that we have today. But again, that's just something that we
can handle internally.
Mayor Clark: All right. I want to make a motion right now, see if it will fly. I want to move
that we extend it one year, and then get this thing in shape. Is there a second?
Vice Mayor Dawkins: Is there a second to the Mayor's motion?
Commissioner Gort: I don't have any problem seconding. One year.
Mayor Clark: One year. And then...
Vice Mayor Dawkins: Is there a second, twice?
Commissioner Plummer: Excuse me. Let me... Let me...
Vice Mayor Dawkins: Either sec...
Commissioner Plummer: if I'm going to vote favorably on this, let me put some...
Vice Mayor Dawkins: Well, are you seconding for discussion?
j Commissioner Plummer: It's under... Willy...
Commissioner Gort: I already seconded it.
Vice Mayor Dawkins: Willy seconded?
j Commissioner Plummer: Yeah.
Vice Mayor Dawkins: OK. I'm sorry. Go right ahead.
Commissioner Plummer: I have to know, first, what they're going to charge us for the additional
year, how much. I need to know that they're going to bind themselves immediately on the fifty
percent participation of minority, which they've agreed to do in the future. And I will tell you
that in the future, I would hope if we go out to a rebidding process, that it is not for a five-year
period of time. Most contracts around here for professional services are two years. And I think
that a two-year contract is adequate, it keeps them on their toes, it doesn't let them sit back and
become dead wood. So, Mr. Manager, if you go out, as the Mayor's motion, as I understand it,
during that period of time, you will develop a new RFP (Request for Proposals) that, in fact, it
would be reduced from five years to something that I think is reasonable, which would be two.
Vice Mayor Dawkins: Any other discussions from any member of the Commission?
57 June 30, 1994
t
Mr. Odio: May I ask a question sir?
Vice Mayor Dawkins: Just one minute. Any other? Hearing none, Mr. Manager, go ahead.
Mr. Odio: The way I understand, it's the extension of one year for the same group of people or
team that was in place now.
Vice Mayor Dawkins: That is the motion.
Commissioner Plummer: But here again, at a. price that they've been charging us.
Mayor Clark: That's right.
Mr. Odio: Yes.
Commissioner Plummer: And if they will include the minority participation.
Vice Mayor Dawkins: That's all included in the motion.
Mr. Odio: That's what I'm saying, it's the same team.
Commissioner Plummer: Well, but I don't know that they've had, up to this point...
Mr. Odio: Yes, they have.
Commissioner Plummer: ... a fifty percent minority participation.
Mr. Odio: Yes, they have had.
Commissioner Plummer: They have?
Mr. Odio: Oh, yes, sir.
Vice Mayor Dawkins: That's a part of the motion.
Commissioner Plummer: OK. All right.
Vice Mayor Dawkins: Any other discussion on the motion? All right, from the public. Go right
ahead, ma'am.
Ms. Mary Wood: Yes. My name is Mary Wood, and I'm a partner with KPMG Peat Marwick,
and we are the number one ranked firm that's being recommended by your Audit Advisory
Committee today, and we have pulled together a very strong team of professionals that include
the minority firms that have been working with the City for the past five years. That team, the
black team of Sharpton and Brunson, and the Hispanic firm of Verdeja has committed to join our
team for the next five years, which I think can address your concern about continuity and
significant changes this next year as you're going through your financial system. We have
continuity with our team. We also went through this process in good faith, with the
understanding that the City was interested in looking at outside firms and was going to strongly
consider making a change at this time. And I can assure you that a lot of energy, and effort, and
time, and money has gone into this process, and we would be very disappointed if, at this point
in time, you would change the situation and extend a contract that could have been extended, I
assume, at the beginning of this process, instead of at the end of the process. I'd like my team to
come to the podium as well. Octavio.
58 June 30, 1994
Vice Mayor Dawkins: Now, you have... We are in the vote. OK? I'm allowing you the
privilege of speaking. I'm not going to... I would hope that you'd do this as swiftly as you can.
Ms. Wood: That's fine, sir.
Vice Mayor Dawkins: Thank you.
Mr. Octavio Verdeja: My name is Octavio Verdeja. I'm the managing partner of Verdeja,
Iriondo and Gravier, and as Ms. Wood explained, we went through the whole process, and we
were ranked number one, and, you know, we feel that we, you know... The Audit Committee did
what it was supposed to be doing and we are here to... expecting your deliberations.
Vice Mayor Dawkins: Anybody else?
Ms. Wood: Yes. I'd like to mention that this firm is the only firm that had ten percent women -
owned minority. All the other firms only had five percent. So they are really looking out for all
the teams, not just, you know, a little token, like the other firms are having, and I would really
appreciate it if you would take that into consideration. Thank you.
Vice Mayor Dawkins: OK.
Mr. Tony Brunson: Good day. I'm Tony Brunson of Sharpton, Brunson and Company, and we
look forward to the day when we feel we can compete equally, in terms of minorities stepping
forth. But...
Vice Mayor Dawkins: Any further...
Mr. Brunson: But currently we do...
Vice Mayor Dawkins: Any further discussion?
Mr. Brunson: We are a member of the Peat Marwick team. Thank you.
Vice Mayor Dawkins: You're not the new guy on the block. OK. Any...
Commissioner Plummer: No. My question is, when you get in that, would you consider the
anglos....
Vice Mayor Dawkins: You're out of order, Commissioner Plummer. You're not... You're out
of order. Any other further discussion from the Commissioners or the public? Hearing none,
call the roll, Madam Clerk. Is the motion understood?
Mayor Clark: One year, same price, same percentage of minorities.
Vice Mayor Dawkins: All right. Call the roll, Madam Clerk.
59 June 30, 1994
r),: �:,.
d
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-450
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL COMPETITIVE
BIDS AND SELECTION PROCEDURES FOR THE ACQUISITION OF EXTERNAL
AUDITING SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1994;
FINDING THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING SUCH
WAIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH DELOITTE & TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, IN ASSOCIATION WITH SHARPTON, BRUNSON AND
COMPANY, P.A.; VERDEJA, IRIONDO AND GRAVIER; AND WATSON AND
COMPANY, P.A. FOR SAID SERVICES, AT THE SAME PRICE, TERMS AND
CONDITIONS AS SET FORTH IN THE AGREEMENT WITH SAID FIRM DATED
DECEMBER 1, 1989, AS AMENDED, AND AUTHORIZED BY RESOLUTION NO.
89-533, AS AMENDED; FURTHER REQUIRING AT LEAST FIFTY PERCENT
(50%) MINORITY PARTICIPATION; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $368,000, FROM THE FISCAL YEAR 1994-95
OPERATING BUDGETS OF THE DEPARTMENT OF CONFERENCES,
CONVENTIONS, AND PUBLIC FACILITIES; THE GOVERNMENT CENTER
PARKING GARAGE ENTERPRISE FUND; THE SOUTHEAST
OVERTOWN/PARKWEST REDEVELOPMENT TRUST FUND; THE
DEPARTMENT OF FINANCE, AND THE COMMUNITY DEVELOPMENT BLOCK
GRANT FUND, AS FOLLOWS: $7,500 FROM ACCOUNT NO. 350119-340, $7,500
FROM ACCOUNT NO. 260221-340, $5,000 FROM ACCOUNT NO. 550108-340,
$278,000 FROM ACCOUNT NO. 26021'1. •280, AND $70,000 FROM ACCOUNT NO.
450806-280.
(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: Commissioner Victor De Yurre
ABSENT: None.
60 June 30, 1994
----------------------------------------------------------------------------------------------------------------
23. AUTHORIZE FINAL PAYMENT TO LAW OFFICE OF FINE, JACOBSON,
SCHWARTZ, NASH, BLOCK AND ENGLAND ($171,199.51) -- FOR
SERVING AS COUNSEL FOR THE CITY BEFORE U.S. DISTRICT COURT
IN CONNECTION WITH CASE OF PERRY L. ANDERSON, JR. VS. CITY OF
MIAMI, JORGE L. FERNANDEZ, AND A. QUINN JONES, III (CASE NO. 92-
0435-CIV-GRAHAM) -- ALLOCATE FUNDS FROM SELF-INSURANCE
AND INSURANCE TRUST FUND.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number...
Mr. Cesar Odio (City Manager): Twenty-three.
Mayor Clark: ... Twenty-three. What do we have here?
Commissioner Plummer: Move it. It's due and owing. Let Marty Fine rest in North Carolina.
This was what... We took an outside counsel, and this is the money that we owe. Right, Mr.
Attorney? You recommend it?
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: I move it.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-451
A RESOLUTION AUTHORIZING FINAL PAYMENT TO THE LAW OFFICES OF
FINE, JACOBSON, SCHWARTZ, NASH, BLOCK AND ENGLAND ("FINE
JACOBSON"), IN THE AMOUNT OF $171,199.51 FOR SERVING AS COUNSEL
FOR THE CITY OF MIAMI BEFORE THE UNITED STATES DISTRICT COURT, IN
CONNECTION WITH THE CASE OF PERRY L. ANDERSON, JR. VS. CITY OF
MIAMI, JORGE L. FERNANDEZ, AND A. QUINN JONES, III, CASE NO. 92-0435-
CIV-GRAHAM; ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
61 June 30, 1994
Upon being seconc mmissioner De Yurre, the resol s passed and adopted
by the following vu..:
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.
----------------------------------------------------------------------------------------------------------------
24. AUTHORIZE PAYMENT TO BAKER & McKENZIE ($19,464.49) -- FOR
LEGAL SERVICES RENDERED IN CONNECTION WITH THE
EXPENDITURE OF FUNDS FOR F.E.C. BICENTENNIAL PORT PARK
PROJECT -- AUTHORIZE ADDITIONAL LEGAL WORK NOT TO EXCEED
$10,000.
Commissioner Plummer: I assume 24, Mr. City Attorney, is the same?
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: I move it.
Mayor Clark: What is this, number 24?
Commissioner Plummer: Outside counsel. We...
Mayor Clark: Please don't rush this thing. I get you through here quick enough, now.
Commissioner Plummer: OK.
Mayor Clark: All right. This is how much, ten thousand dollars?
Mr. Jones: For nineteen thousand, four hundred and sixty-four, forty-nine. And further
authorizing an additional amount of ten thousand dollars.
Commissioner Plummer: Not to exceed ten.
Mr. Jones: Not to exceed ten thousand dollars.
Mayor Clark: All right. Moved by Mr...
Vice Mayor Dawkins: So it's thirty thousand dollars.
Mayor Clark:... Mr. Plummer.
Commissioner Plummer: I moved it, sir.
Vice Mayor Dawkins: Seconded by Commissioner Gort - I mean Commissioner De Yurre.
Mayor Clark: Call the roll.
62 June 30, 1994
W
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-452
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
BAKER & McKENZIE, ATTORNEYS AT LAW, THE SUM OF $19,464.49 FOR
LEGAL SERVICES RENDERED IN CONNECTION WITH THE F.E.C.
BICENTENNIAL PORT PARK PROJECT FOR THE PERIOD OF APRIL 1, 1994
THROUGH APRIL 30, 1994; ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-250.
(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.
----------------------------------------------------------------------------------------------------------------
25. ACCEPT PLAT: OAK SHADOW.
26. PERSONAL APPEARANCE: MR. W. TUCKER GIBBS TO DISCUSS OAK
SHADOW PLAT (LOCATED AT EMATHLA STREET AND
SECOFFEE STREET, IN COCONUT GROVE).
27. PERSONAL APPEARANCE: MR. JEFFREY B. DEGEN TO DISCUSS LOT
SPLIT ON 2801 EMATHLA STREET, COCONUT GROVE.
Mayor Clark: Item number 25.
Mr. Cesar Odio (City Manager): Mr. Mayor, you sent this back to me. I met with the owner of
that property, and also referred to the attorney that was opposing this for his clients, and what I
agreed to do with the present owner is to have a covenant in place. You have seen a copy of it,
Mr...
Mr. Tucker Gibbs: Yes, I have.
Mr. Odio: Based on the covenant that has been provided, I recommend that we accept the Public
Works Director's decision.
Mayor Clark: All right. For the record, your name, please, sir?
Mr. Gibbs: My name is Tucker Gibbs. I have offices at 2665 South Bayshore Drive in Miami.
Yes, I have reviewed the covenant, but the covenant... All the covenant seems to say is that on
63 June 30, 1994
this particular lot, this one lot, that the property will never be used for more than two houses, and
that's what the Zoning allows. The covenant is somewhat superfluous, I would suspect.
Mr Odio: It is not.
Mr. Gibbs: Why is it not?
Mr. James Kay: There was an issue raised at the last Commission meeting when this subject was
discussed, and one of the issues - the questions - that was raised by one of the opponents was that
this property might be used for as many as four houses, similar to a PUD (Planned Unified
Development) or a PUN (Development of Planned Unit Nature), and that was the reason why
this covenant was drawn up.
Mr. Gibbs: Mr. Mayor.
Mayor Clark: Yes.
Mr. Gibbs: That was done in the context of both pieces of property that the applicant owns.
Both lots total, I think it's forty-two hundred - forty-two thousand square feet. Forty-two
hundred, what is it? Forty-two thousand square feet. And the concern was that it could be, upon
looking... And I spoke to Mr. McMaster, who I think was the person who made that comment,
afterwards. Looking at the Zoning Code, it is clear that a planned unit development cannot fit on
that, because it doesn't have the minimum size of the lot, those two lots combined. So you can't
put four. You can put, as the City knows, three on the combined lots.
Mayor Clark: You're not for this, then, apparently.
Mr. Gibbs: We are not for it.
Mayor Clark: All right.
Mr. Gibbs: And basically, the concern we had is, the item was withdrawn before we could
complete our presentation. What I'd like to do, without repeating everything that was said at the
last meeting, would be to ask... ask, Mr. Mayor, that all the comments that were made at the
meeting on the 23rd of May regarding these items be included in this record, and that all files,
correspondence, video tapes, audio tapes, and memos on this particular issue that's in the City's
possession be placed in the record at this time.
Mayor Clark: No problem. Sure, let them put them in there.
Mr. Gibbs: OK. And... OK, great. And what I'd like to also...
Mayor Clark: If you can carry them, you can have them.
Mr. Gibbs: Thank you. I know they're public records.
Commissioner Plummer: Mr. Gibbs, are you going to pay us for doing your work?
Mr. Gibbs: No. I'm not asking you to make copies or anything else. I'm just asking it to be
placed in the record.
Vice Mayor Dawkins: But it's already in the record, as a matter of minutes and what have you.
Everything that you just asked for is already in the record.
64 June 30, 1994
Mr. Gibbs: Right. And that's all I...
Vice Mayor Dawkins: So what's the point of your wanting me to put it in the record again?
Mr. Gibbs: No. All I wanted is the acknowledgment that it is being placed in the record.
Mayor Clark: Well, it's a heavy load.
Mr. Gibbs: Now it's in the record, so we're fine.
Vice Mayor Dawkins: Beg your pardon? It's in the records already.
Mr. Gibbs: Right. OK.
Vice Mayor Dawkins: All you have to do is go to the Clerk and request that motion and that
item, and it's in the record.
Mr. Gibbs: OK.
Vice Mayor Dawkins: So what are you asking for?
Mr. Gibbs: I think it's complete. I think Mayor Clark accepted it, so it's fine, and we can go on.
Mayor Clark: Go ahead.
Vice Mayor Dawkins: All of the Commission accepted it, because it's already there. I just
don't... I don't understand where you're going, and I wish you would tell me. What's the
object?
Mr. Gibbs: I want it officially to be placed in the record.
Commissioner Plummer: He's going to court. You know where he's going.
Mr. Gibbs: That's right. That's exactly it.
Vice Mayor Dawkins: Beg your pardon?
Mayor Clark: He's going to court.
Mr. Gibbs: I want to make sure the record is clear, that's all. And I'm glad the Mayor's...
Vice Mayor Dawkins: Oh. So like J.L. Plummer says, you want us to compile all this together,
so when you get ready to go to court, you'll come to the City of Miami, just to ask for the record.
Mr. Gibbs: Oh, no, not at all. Not at all, not at all. What I'm asking is an acknowledgment that
these are officially part of the record, and you've acknowledged, the Mayor has acknowledged,
and I think the Commission has.
Mayor Clark: Mr. Gibbs, when to hold and when to fold.
Commissioner Plummer: If I may inquire, Mr. Mayor.
Mr. Gibbs: Thank you.
65 June 30, 1994
Commissioner Plummer: Mr. Gibbs, are you here pro bono?
Mr. Gibbs: Today, I am here pro bono, but I am registered with the City Clerk...
i
Commissioner Plummer: Asa lobbyist.
Mr. Gibbs: ... as a lobbyist on this issue.
Commissioner Plummer: IRS will appreciate that.
Mr. Gibbs: I'm sure they will. Mayor Clark, I'd also like to know if I would have the
opportunity for a one minute rebuttal at the conclusion of the comments made by the applicants.
Mayor Clark: Who's the applicant, right here? You want to...
Mr. Gibbs: Just a rebuttal.
Mayor Clark: Let the applicant proceed, then.
Mr. Gibbs: One last question, if I may. Will I have the opportunity to cross-examine on the
i
witnesses?
Vice Mayor Dawkins: No. This is not a court of law.
Mr. Gibbs: It is...
Vice Mayor Dawkins: Mr. City Attorney?
Mayor Clark: Mr. Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, it's up to you.
t
Commissioner Plummer: Well, normal procedure, sir, I would hope we would follow it, and you
will ask your questions through the Chair, and the Chair will answer yes or no, whether you can
cross-examine.
Mayor Clark: If you want to cross-examine, go ahead.
Mr. Gibbs: Thank you. I appreciate that. I'll wait till my rebuttal then, and let the applicant
have the floor.
Mayor Clark: So be ready for cross-examination. Put on your suit of armor. Yes, sir.
Mr. James Kay: No. I... We are here to just hear Mr. Gibbs' presentation and any other
presentations, and we're really here for item number 25, which is approval of the plat. If you'd
like, you can let the applicants... applicants speak at this time.
Mayor Clark: Do you want to cross-examine him now? OK. Let's...
Mr. Gibbs: No. My point was, I thought that all three of these items were going to be
considered as one item, and instead of, you know, handling it individually, you all would handle
this together. That's what I thought happened at the last meeting. So that's why I was going to
wait till the end. If you'd like, I'll be happy to speak on this issue, yet again.
66 June 30, 1994
Mayor Clark: You better. You're running out of time, I'll tell you that.
Mr. Gibbs: Well, I just wanted the opportunity to speak after the applicant. If I had that
opportunity, I don't need to speak now. My clients may want to speak, though. OK.
Mayor Clark: Do it right now.
Mr. Gibbs: Well, I'd like to hear what the applicant has to say. That's the reason why I wanted
the opportunity to for rebuttal.
Mayor Clark: Mr. Applicant, what is this about?
Mr. Gibbs: But my clients may want to speak.
Mayor Clark: Go ahead. Give us your name for the record.
Mr. Rick Zelman: Thank you, Mr. Mayor, Mr. Vice Mayor and Commissioners. My name is
Rick Zelman. I'm an attorney. I'm here on behalf of the applicant. My address is 1110 Brickell
Avenue, Miami. We're perfectly content to let Mr. Gibbs have one minute to rebut, if he'd like
to. Of course, we'd like to rebut his rebuttal, if you would let us do that.
Mr. Gibbs: That's fine with me.
Mr. Zelman: I have just a few quick comments. I don't want to take too much of your time.
The applicant, Michael Kuryla, is here today. He does have some remarks, and I ask respectfully
if you would allow him to make a few comments. We were not allowed to speak last month
when this item was on the agenda, and deferred, so if you wouldn't mind terribly, we'd like a
couple of minutes of your time, just to make sure you understand the positions that are being
advocated here today, and, of course, are being supported by the City Manager, the City
Attorney, and the Chairman of the Plat Committee, the Supervisor of Plats, also. Thank you.
Mayor Clark: All right.
Mr. Michael Kuryla: Your Honor and Commissioners, my name is Mike Kuryla. How do you
do? I'm here with my family today. We live at 2811 Emathla Street in Miami, adjacent to the
plat. We have lived in the Grove for twenty-five years. I've raised a family in the house that we
built on Emathla Street, and we've paid close to one hundred thousand dollars in property taxes.
We are responsible citizens and caring neighbors for those who have needed our help from time
to time. The replat before you today is the end result of some unusual circumstances brought
about by me. Some three and a half years ago, I accidentally witnessed a series of events at 2801
Emathla Street, which involved the former owner dealing drugs. At that time, I resolved to have
this person removed from my neighborhood, and with the assistance of Commissioner Plummer,
and now Attorney General Reno, the person was arrested, and his property was seized by the
City of Miami. It was subsequently discovered that this person would use the premises to drug
boys and abuse them sexually. This intensified my resolve to be certain he never came back to
my neighborhood, even if it meant purchasing the property from the City of Miami. Since 1990,
I have supported the City's efforts to perfect title, in order to be able to auction the property, only
to see these efforts thwarted by opinions of the Florida Supreme Court. The unencumbered title
was returned to the felon. After determining that Zoning SD-18 overlay permitted a replat of
this land, my wife and I acquired the property by purchase in mid-1993. The process of
replatting to obtain one additional home site began in 1993. Working with the oldest and
perhaps most respected firm in town, Biscayne Engineering, the preliminary tentative plat was
presented to the Street and Plat Committee, and anyone else who chose to attend this meeting.
These are open to the public. The first meeting on November 4 deferred the tentative plat,
67 June 30, 1994
subject to revisions and additional information. This was done in the ensuing two months. And
the second meeting of the Street and Plat Committee took place on January the 14th of this year.
On this occasion, regretfully, after months of diligent effort and substantial expense incurred by
my wife and me, the tentative plat was again deferred, this time, regretfully, because a member
of the committee sitting in for the Chief Assistant City Attorney was not prepared to address the
issue. The third and final meeting of the Street and Plat Committee, at which, by consensus,
favorable vote and no dissenting vote registered, the plat was approved. This approval is dated
March the 10th of 1994, three and a half months ago. The approval by the Street and Plat
Committee involved meeting every single requirement required by municipal code, and thereby,
approval from member representatives of the Planning Department, the Zoning Department, the
Department of Public Works, the City Platting Unit; following the suggestions, to the letter, of
the Legal Department, expressed by the Chief Assistant City Attorney, Ms. Miriam Maer;
obtaining approvals from the Fire Department, the Police Department, the NET (Neighborhood
Enhancement Team) Office, Florida Power and Light, Southern Bell, WASA (Water and Sewer
Authority) People's Gas, in addition to every technical requirement for recording the plat.
Finally, the City Manager has recommended that the City Commission adopt a resolution
accepting the plat, Oak Shadow. The resolution has been prepared and approved by the Chief
Assistant City Attorney, and approved as to form and correctness by the City Attorney. All of
the above have approved the plat of Oak Shadow for your acceptance today, and I request a
favorable vote. Thank you.
Mayor Clark: Thank you, sir. Now...
Mr. Gibbs: I'd like to, if I could, rebut and then ask the applicant a couple of questions which
relate to the hardship issue.
Mayor Clark: Ask... Through the Chair, ask the questions.
Mr. Gibbs: I certainly will. I certainly will. As we spoke on the 23rd, we have several points...
I just want to reiterate very quickly.
Mayor Clark: You spoke to whom?
Mr. Gibbs: Spoke to the City Commission at a public meeting on the 23rd.
Mayor Clark: All right. Identify that. OK.
Mr. Gibbs: The process by which the Public Works Director, in his capacity as the Plat and
Streets Chairman, or I forget what his... Plat Administrator is the correct title.
Mr. Kay: Supervisor of plats.
Mr. Gibbs: OK. His process to... The process that allows him to grant the waiver is flawed,
procedurally and substantively, because there was no notice and opportunity for the public to be
heard within this process.
Mayor Clark: Please.
Mr. Gibbs: That's his waiver.
Mayor Clark: Please, please, please. Now, Mr. Attorney, does he have the administrative ability
to do that?
Mr. Jones: Yes, he does.
68 June 30, 1994
el
W
Mayor Clark: All right. Continue with your questions.
Mr. Gibbs: OK. Even if this process was not flawed, as the City Attorney has stated, the owner
failed to meet the standards that were set out in the ordinance. Specifically, the Public Works
Director basically said that the applicant had a financial hardship, because the property that was
to be dedicated contained a fence, and it would be more expensive to remove the fence than the
fence was worth - the property was worth. Is that correct, Mr. Kay?
Mayor Clark: Can you respond to that?
Mr. Kay: That was one of the...
Mr. Gibbs: Right.
Mr. Kay: ... one of the reasons listed, and that is correct, about three times the value of the
property.
Mr. Gibbs: Right. And the other reasons involved the fact that allowing this dedication would
deprive the property owner of the reasonable use of his land. And again, as I said on the 23rd, I
don't think that allowing somebody - not allowing somebody to divide his lot or split his lot in
terms of granting a waiver is a denial of that.
Mayor Clark: In his determination, that was his prerogative to make that statement.
Mr. Gibbs: I understand that. I understand. Right.
Mayor Clark: All right. Fine.
Mr. Gibbs: I understand that, and we discussed that. In addition, we contend the City has the
discretion to reject the plat because of the failure of the Public Works Director to apply the code
directly.
Commissioner Plummer: I thought a plat was a matter of right.
Mr. Gibbs: However, we feel that in this approval of this plat and the waiver, that the City is
treating this owner differently than it's treated others in this neighborhood. Other people in
similar situations have had to dedicate turning radii, as well as land to the City so that the City
can have a proper zoned right-of-way, which is within your code. It's... The zoned right-of-way
here, I think, is fifty feet. I have examples of eight dedications in the last ten years that were
required. In the City... In the City, I don't believe there ever has been a waiver of these
requirements, these safety requirements, based on financial hardship. And I'd like to ask Mr.
Kay if there ever has been a waiver, based on financial hardship.
Mr. Kay: There's been a number of waivers, based upon... some of which were financial.
Mr. Gibbs: And those were stated... And which ones were those?
Mr. Kay: Thinking back, there were waivers given for the radii on Chinatown, which are
actually at both corners. One where there was an existing...
Mayor Clark: All right. Now, listen. Now, we're getting a little far afield. This is not... This is
not the Circuit Court that you're going to.
69 June 30, 1994
Mr. Gibbs: No, no, I understand that, but I need to put that on the record.
Mayor Clark: Now, let's wind this up right quick, now. You can try those in court.
Mr. Gibbs: OK. Finally, the covenant, itself, as I said before, is meaningless, because it merely
reaffirms that the platted property would be used in accordance with the Zoning Code as it exists
now.
Mayor Clark: Mr. Attorney, is the covenant proper?
Mr. Jones: The covenant is proper.
Mayor Clark: All right. Fine.
Mr. Gibbs: Certainly, it's proper. It's proper in all legal form. I'm just saying that it's
superfluous because it states something that's already in your City Code.
Mayor Clark: Maybe you would like to have it say something different. That's the reason you
say it's superfluous.
Mr. Gibbs: No, no. I'm not in favor of these covenants.
Mayor Clark: OK.
Mr. Gibbs: In addition, the final thing is this fence that everybody's talking about was built
without permits. We have researched the files in the City of Miami, and have found no building
permits for this particular fence. For this fence, built without building permits, to be accorded
some importance by this Commission or the Public Works Director, when the fence itself was
illegally put up, without building permits, I think, creates a problem. I don't know about this
hardship, but if the hardship is based on an illegal fence, I think the City may have a problem
defending this.
Mayor Clark: All right. Anything further?
Mr. Gibbs: Yes. I have a couple of questions relating to, if you look at the property and you
look at the plat, Mr. Kuryla owns the property next door. He has a house on that property. That
property contains not twenty thousand square feet, which is what every piece of property just
about in the neighborhood contains. It contains twenty-two thousand square feet. Our position
is very simple. The dedication should be made. Mr. Kuryla does have an out. He can move the
property line between his house that he owns and the property which he bought last August.
And the question I have to Mr. Kuryla and his attorney is, instead of going through this entire
process, why he just didn't move his lot line.
Mayor Clark: That's his prerogative.
Mr. Gibbs: I understand that, but if this is being based on a hardship, that Mr. Kuryla has no
other alternative when he is splitting his lot but to get this dedication waiver, but he does have
another alternative. And the question is, why didn't he exercise that alternative?
Mr. Odio: Mr. Mayor.
Mayor Clark: Why didn't you wear a red tie today?
Commissioner Plummer: Exactly.
70 June 30, 1994
Mayor Clark: It's your decision.
Mr. Gibbs: I just want to know.
Mr. Zelman: May we respond, please, Mr. Mayor?
Mayor Clark: You answer. I'm going to bring this to a close right quick, then. Go ahead.
Commissioner Plummer: Mr. Mayor, may I, please?
Mayor Clark: Yes.
Commissioner Plummer: Mr. City Attorney, refresh my memory. A plat is a matter of right.
Mr. Jones: Yeah. This is purely a ministerial act that's before you to approve. You really don't
have any discretion to deny it. This was already approved by the Plat and Street Committee, as
you mentioned, Mr. Plummer, Commissioner Plummer. That's what's before you.
Commissioner Plummer: Again, for the record, I or my colleagues cannot vote to deny.
Mr. Jones: Absolutely.
Mr. Gibbs: Mr. Mayor.
Commissioner Plummer: Let's make the record very clear.
Mr. Gibbs: OK.
Commissioner Plummer: That's not a purview that we have. You can stand here and argue all
day long...
Mr. Gibbs: OK.
Commissioner Plummer: We might agree with you or disagree. Even if we agreed with you, we
do not have the legal right to deny. So I want that understood. Proceed from there.
Mr. Gibbs: Mr. Mayor, Mr. Mayor, may I ask a question of you?
Mayor Clark: Yes, sir.
Mr. Gibbs: The question I have for the chair is, if the City fails to apply the law correctly, in
their granting of a waiver, is the act of approving the plat containing the waiver ministerial?
Mr. Jones: Mr. Gibbs, that's a question that you have to answer. I'm not going to answer it for
you.
Mr. Gibbs: No, I asked the Mayor. I asked the Mayor that question.
Mayor Clark: I can't answer that question.
Mr. Gibbs: Well, OK. And I didn't know if you would ask the City Attorney that question.
Mayor Clark: All right. Let's...
71 June 30, 1994
Commissioner Plummer. Excuse me, if I may. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: The point I'm trying to make is, we can sit here and listen all day to
both sides, but we don't have the right to act negatively. So you keep talking sir, because I'm
not going to listen. It benefits me nothing to listen.
Mr. Gibbs: Mr. Mayor, my clients would like the opportunity, some of them would like the
opportunity to at least make...
Mayor Clark: No, sir. I think we've had two shots at this, now. It's up to the Commission, if
they want to hear from them.
Mr. Gibbs: OK. These are neighbors who live in the neighborhood, who would like to speak on
it. It's your decision.
Commissioner Plummer: The people took the time to come down here to be heard. I think they
should have a one minute say-so.
Mayor Clark: But not repetitive.
Commissioner Plummer: And as long as John Duvall doesn't get that right, I'm in favor of it. If
he gets a right to talk, I don't want to hear it.
Mayor Clark: All right. Now, everybody line up.
Mr. Gibbs: Thank you for your consideration.
Mayor Clark: Yes, sir.
Commissioner Plummer: One minute I said.
Mayor Clark: One minute apiece.
Mr. Zelman: Mr. Mayor, at the conclusion of these remarks, will we have a one minute also?
Mayor Clark: Sure.
Mr. Zelman: Thank you very much.
Mayor Clark: Yes, ma'am, give us your name.
Ms. Norma Post: My name is Norma Post. I live at 2061 Tigertail Avenue, which is just at the
end of the block of that same street where Mr. Kuryla owns two properties now. I wanted to say,
first of all, that this is a very unique neighborhood. The three blocks are all twenty thousand
square foot lots. It's unique, and I think it's important to the City of Miami, as it is to every city,
beautiful city in the world to preserve one section of their city that's different from the rest.
They've done that... They do that in Coral Gables, they've done it in Paris, in Bellegrade,
throughout the world, where you can see trees, where it is not all concrete, the way the main part
of the City of Miami is, which is solid concrete. So I think it's important to the City to preserve
this area. And this is one in road into the area, which was made first on 22nd Avenue in 1978.
72 June 30, 1994
e
Mayor Clark: Your minute is up. Thank you.
r
Ms. Post: May I just say this, for the record? I think that this is a scandalous situation in which
one man, one exception, one property owner is being permitted to do something that no other
property owner in this area has been able to do for twenty years, and that is to have...
Mayor Clark: Thank you, ma'am.
Ms. Post: ... have... not be required on a corner lot to make a twenty-five foot dedication to the
City. Everyone else has had to do this.
Mayor Clark: Thank you, ma'am. You've made your point.
Ms. Post: And I would like to ask the Commission, if you vote on this, what reason you can give
me why an exception is made for this one place. This is not...
Mayor Clark: Thank you, ma'am. One minute, one minute has expired two minutes ago. Thank
you.
Ms. Post: This is not democracy.
Mayor Clark: Thank you, ma'am. You made your point. Yes, ma'am.
Ms. Joyce Nelson: My name is Joyce Nelson, president of the Coconut Grove Civic Club. My
address is 2535 Inagua Avenue. I'd like to point out to you that this is not consistent with the
City of Miami's Comprehensive Master Plan. This is against your plan, and if you approve this,
you're going against the plan for our community.
Mayor Clark: Thank you, ma'am.
Ms. Nelson: And we are very much against this.
Mayor Clark: Thank you, ma'am. Yes, ma'am.
Ms. Charlotte Duvall: My name is Charlotte Duvall. I live at 1900 Secoffee Street. I'd just like
to say that Mr. Kuryla stated that NET approved this. In the presence of the City Manager,
Christina Abrams stated that she voted against this, and it was passed against her vote and
against her approval. I would also like to state that when people refer to splitting a lot, I think in
your mind, you have that it would be divided straight down. That's not the case. The house
that's currently on this lot touches the hundred foot line. So therefore, to divide this lot, it has to
become a jigsaw puzzle. The... Lot number one has to protrude into lot number two in the
middle. And then lot number two, on either side of the house comes beyond the hundred foot
line.
Mayor Clark: OK.
Ms. Duvall: So it's a very strange, unique way of dividing a lot, which is not consistent with the
neighborhood.
Mayor Clark: Thank you, ma'am. All right. You will have a minute. That's all, Mr. Gibbs.
All right. Go ahead.
Mr. Zelman: Just one minute. Thank you, Mr. Mayor. There's been an awful lot of hysteria and
misinformation that I fear has been promulgated to all of you in this entire process. Mr. Kuryla
73 June 30, 1994
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has tried on seven different occasions to meet with the neighbors and explain what the plan is,
explain that there's two hundred feet of road frontage on this site. It's going to be a hundred feet
for each home, which is not a problem. We were deferred last month, which was fine. We went
back to the City Manager, we met with him, we discussed a covenant to make sure that those
concerns were addressed as to what was going to be built there. Those issues were not going to
be a problem. We were happy to comply. We're consistent with the platting requirements. The
law is there, it's legal. We're consistent with the Zoning Code. The City Attorney already
passed on it. We'd very much appreciate your support. We've done everything we can possibly
do to be in compliance with the law. Thank you very much.
Mayor Clark: Thank you, sir. Is there a motion on this? Give me a motion.
Commissioner Gort: Mr. Mayor..
Mayor Clark: Do you move it?
Commissioner Gort: Mr. Mayor, no, I've got a question. Being the new guy on the block... If
we cannot vote for this, why is this in front of us?
Mayor Clark: What is it?
Mr. Kay: This is approval of a plat. It's item number 25, of Oak Shadow.
Commissioner Plummer: His question is the same I've asked for years. If we have no choice of
yes or no, why bring it here? I mean, it's like asking us to be a rubber stamp.
Mayor Clark: Just going to find out how you vote. Anything else?
Commissioner Plummer: You can't vote no, Mr. Mayor.
Mayor Clark: I'll show you how you do it. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-453
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED
OAK SHADOW, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
74 June 30, 1994
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Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: Mayor Stephen P. Clark
Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Well, hey, I'm willing to learn, after twenty-four years. I vote yes,
according to the City Attorney's rule that that's the only way I can vote.
Commissioner Gort: I don't understand it, but according to the attorney, I have to vote yes. I
don't know why it's in front of us.
Vice Mayor Dawkins: I know we're headed to court, so let the courts decide. I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: Mr. City Attorney, you stated that there was only one vote that could be
passed on this item. Did you not state that?
Mr. Jones: That's correct.
Vice Mayor Dawkins: We have two members of this Commission who voted in the negative.
OK. Now, what does that do?
Mr. Jones: What does it do?
Vice Mayor Dawkins: Yes, sir. He...
Commissioner Plummer: In my estimation...
Vice Mayor Dawkins: Because if you have three members who voted according to what you
told us.
Mr. Jones: Yeah. Well, what...
Vice Mayor Dawkins: And you have two Commissioners who voted in what you did not say.
Then the first people to go to court is the City Commission, to find out which three, which of us
up here is right and which one is wrong.
Mr. Jones: No. Commissioner, what will happen, if you have one further vote, to approve this.
You need one more vote to approve this. In the event that you, for whatever reason, disapprove
this item, then the applicant would be entitled to go to court and get a Writ of Mandamus
compelling the City, compelling you, the City Commission...
Vice Mayor Dawkins: You didn't say that.
75 June 30, 1994
SO
Mr. Jones:... to perform what is a ministerial act.
Vice Mayor Dawkins: You did not say that before the vote. You told us the only... And if I'm
in error now, somebody correct me. You told this Commission that the only vote it could make
was in the positive, to uphold this.
Mr. Jones: That's correct, Commissioner. The City...
Vice Mayor Dawkins: Now you're telling me...
Mr. Jones: No. That's not what I'm telling you, Commissioner. I'm telling you that the City
Code requires that this come before you for approval. It's simply a ministerial act for which you
have no discretion. It's been passed by the Plat and Street Committee, which is empowered with
the authority to pass this.
Vice Mayor Dawkins: I call to reconsider, and when you reconsider, I'm going to vote nothing.
I'm going to abstain. If you're going to do this, let's... I'm mean, I'm going to do it right.
Mr. Jones: Commissioner, you can abstain. You...
Vice Mayor Dawkins: You just told me, sir, that I couldn't vote no.
Mr. Jones: No. I said you can abstain, Commissioner.
Vice Mayor Dawkins: No, no, no. You told me that I couldn't vote no.
Mr. Jones: I'm telling you that the act before you is merely a ministerial act that you have no
discretion over to disapprove. That's what I'm telling you.
Mayor Clark: All right. Let's move forward.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Clark: All right. Let's move forward.
Commissioner Plummer: Mr. City Attorney and Mr. City Manager...
Mayor Clark: Jesus.
Commissioner Plummer: ... I think that in the future, the statement that was just made by the
City Attorney should be included to every homeowner. I'm sure that all of these people:! and I
know most of them by first name - came down here with a thought that they could, maybe, make
a change. All right? And here we are saying that we cannot, under any circumstances, vote for
that change, whether we want to or not. I would hope in the future...
Mr. Gibbs: I warned my clients of that. Don't worry.
Commissioner Plummer: Well, I'm just saying that in the future, I think it should be known to
the people that this is a ministerial act, that the Commission has no choice but to vote favorably,
and that maybe they wouldn't waste their time coming down here if they didn't feel that they
could make a change. So I would hope in the future on all plats, it would be so indicated to the
public that it's strictly ministerial, and the Commission has no choice.
Vice Mayor Dawkins: I hate to prolong this, but it's not, because you just had two people vote
the way that they say you can't vote. So what's the need of putting it in writing?
76 June 30, 1994
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Commissioner Plummer: The way I would read that, Mr. Vice Mayor, is that it's a unanimous
vote. The two people that voted no are a non -vote.
Mayor Clark: All right.
Vice Mayor Dawkins: You can't do that, either.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, my suggestion is I think we should change the code. I would
hate to have anything in front of me which I could not vote on. I like to see if that could be
changed in the future.
Mayor Clark: Good idea. OK. Let's move forward. Number 26.
Commissioner Plummer: Well, 25, 26 and 27 are all the same, Mr. Mayor, unless you want to
hear... somebody has other input.
Mr. Jones: Twenty-six and 27, virtually, you've already taken... You've already heard public
comment on that. That's what 26 and 27 were.
Mayor Clark: All right. Same vote, same vote, same vote. Go ahead.
----------------------------------------------------------------------------------------------------------------
28. ACCEPT BID: NORTH AMERICAN EQUIPMENT SYSTEMS, INC. (d/b/a
BOBCAT OF MIAMI) -- FOR FURNISHING TWO SKID STEER LOADERS
(29,095.98) -- FOR DEPARTMENT OF PUBLIC WORKS -- RATIFY CITY
MANAGER'S AUTHORIZATION TO TRANSFER COMMUNITY
DEVELOPMENT FUNDS TO PUBLIC WORKS NEW EQUIPMENT
ACCOUNT FOR THIS PURPOSE.
Mayor Clark: Let's move to item number 28.
Commissioner Plummer: Move it.
Mayor Clark: By Mr... Moved and seconded. Any discussion? Hearing none, cast a unanimous
ballot.
77 June 30, 1994
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-454
A RESOLUTION ACCEPTING THE BID OF NORTH AMERICAN EQUIPMENT
SYSTEMS, INC. DB/A/ BOBCAT OF MIAMI, FOR THE FURNISHING OF TWO (2)
SKID STEER LOADERS FOR THE DEPARTMENT OF PUBLIC WORKS AT A
TOTAL PROPOSED COST OF $29,055.98; RATIFYING THE CITY MANAGER'S
AUTHORIZATION TO TRANSFER COMMUNITY DEVELOPMENT FUNDS TO
PUBLIC WORKS NEW EQUIPMENT ACCOUNT NO. 310501-840 FOR THIS
PURPOSE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
----------------------------------------------------------------------------------------------------------------
29. AUTHORIZE NEGOTIATION / EXECUTION OF PROFESSIONAL
SERVICES AGREEMENT WITH POST, BUCKLEY, SCHUH AND
JERNIGAN, INC. -- FOR A FEASIBILITY STUDY TO CONSOLIDATE
SELECTED CITY MAINTENANCE FUNCTIONS OF THE CITY OF MIAMI
MUNICIPAL SHOPS -- ALLOCATE FUNDS FROM CIP 311018.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-nine.
Commissioner Plummer: Oh, I'll move it, Mr. Mayor.
Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Gort. Any discussion? Hearing none,
cast a unanimous ballot.
78 June 30, 1994
0011
I
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-455
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM OF POST,
BUCKLEY, SCHUH AND JERNIGAN, INC. FOR A FEASIBILITY STUDY TO
CONSOLIDATE SELECTED CITY MAINTENANCE FUNCTIONS OF THE CITY
OF MIAMI MUNICIPAL SHOPS; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $47,760.00, FROM CAPITAL IMPROVEMENT
PROJECT NO. 311018, AS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
11139.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
----------------------------------------------------------------------------------------------------------------
30. (A) DESIGNATE MURCIA, SPAIN, AS A SISTER CITY.
B) COMMISSIONER DE YURRE SUGGESTS TO THE
ADMINISTRATION THAT THE CITY SHOULD MOVE
EXPEDITIOUSLY IN ALSO MAKING MIRANDA, VENEZUELA
AND SUSA, TUNISIA SISTER CITIES WITH OUR CITY.
Mayor Clark: Item 30.
Commissioner Plummer: Withdrawn.
Mayor Clark: Item number 31.
Commissioner Plummer: Mr. Mayor, I... Us designating, we have what now, nine or ten, or
eleven?
Mayor Clark: About nine, I think.
Commissioner Plummer: Well, are we reaching somewhat of a saturation point?
Mayor Clark: No, no. We got... They're active now. They have been inactive for a long time.
Now, they're...
79 June 30, 1994
Commissioner Plummer: OK. I'll move it, Mr. Mayor.
Mayor Clark: All right.
Commissioner Plummer: It's the...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: And I also have a Sister City Committee already formed right here in the City
concerning that.
Commissioner Plummer: OK. But, please, remember, to be legal, Mr. Mayor, they have to go
through the SCI (Sister Cities International) to get a charter.
Mayor Clark: They have to go through what?
Commissioner Plummer: SCI, Sister Cities International in Washington.
Mayor Clark: Absolutely they have to be or we they wouldn't be able to be here before us today.
Commissioner Plummer: All right, sir.
Mayor Clark: Very close affiliation.
Mayor Clark: Moved and seconded. Cast...
Commissioner De Yurre: Second. And, Mr. Mayor, just for the record, I want to make sure that
also, with the same speed and expeditious desire with Murcia, that we move ahead also with
Miranda, Venezuela and Susa, Tunisia, which we're working on.
Mayor Clark: If you will check up with the Sister City Committee and make sure there's not a
duplication. If it has a committee form, like that is right there, we'll move faster than the speed
of light.
Commissioner DeYurre: Good.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-456
A RESOLUTION DESIGNATING THE CITY OF MURCIA, SPAIN, AS A "SISTER
CITY" OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
80 June 30, 1994
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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.
----------------------------------------------------------------------------------------------------------------
31. WAIVE CITY CODE PROHIBITION (AS CONTAINED IN SECTION 2-302)
AS IT APPLIES TO MR. LEON LEONARD (POLICE DEPARTMENT
EMPLOYEE) -- TO PARTICIPATE IN THE CITY'S CDBG ASSISTED
SINGLE FAMILY REHABILITATION LOAN PROGRAM, WITH PROVISOS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Number 32.
Commissioner Plummer: Mr. Mayor, I will move it with one provision.
Mayor Clark: All right, sir.
Commissioner Plummer: And that provision is that he cannot involve himself in any property
that has been previous or is subject to a City board for action. In other words, he would not get
involved in any Nuisance Abatement property, he would not get involved in any Code
Enforcement property, which could conceivably be looked at as a conflict of interest.
Mayor Clark: Very good. With that...
Commissioner Plummer: But anything else, he is waived to do.
Mayor Clark: With that caveat, there's a motion.
Commissioner Gort: Second.
Mayor Clark: All right. With no exception, cast a unanimous ballot with that addendum in
there.
Commissioner Plummer: Bye.
81 June 30, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-457
A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
THE PROHIBITION SET FORTH IN SECTION 2-302 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHEREBY A CITY EMPLOYEE IS PROHIBITED
FROM TRANSACTING BUSINESS WITH THE CITY, THEREBY AUTHORIZING MR.
LEON LEONARD, A CITY OF MIAMI POLICE DEPARTMENT EMPLOYEE, TO
PARTICIPATE IN THE CITY OF MIAMI COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") ASSISTED SINGLE FAMILY REHABILITATION LOAN
PROGRAM ADMINISTERED BY THE DEPARTMENT OF DEVELOPMENT AND
HOUSING CONSERVATION THROUGH THE CDBG PROGRAM OF THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SAID
WAIVER BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST
INTEREST OF THE CITY AND CONDITIONED UPON THE STIPULATION THAT
SAID PARTICIPATION SHALL BE LIMITED TO THOSE PROPERTIES THAT ARE
NOT OR HAVE NOT BEEN THE SUBJECT OF ANY CITY BOARD ACTION.
(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.
----------------------------------------------------------------------------------------------------------
32. PERSONAL APPEARANCE: REYNOLD MARTIN, AS REPRESENTATIVE
FOR THE BLACK FIREFIGHTERS ASSOCIATION ON PRESENT HIRING
AND PROMOTIONAL PRACTICES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 33.
Mr. Cesar Odio (City Manager): It's been withdrawn, Mr. Mayor.
Vice Mayor Dawkins: Mr. Mayor, before you get to 33...
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: ... could I have the privilege of a pocket item? The...
82 June 30, 1994
Commissioner Plummer: Oh, no. Oh, no.
Vice Mayor Dawkins: Well, it's public appearance, public appearance.
Commissioner Plummer: It ain't eight o'clock. Oh, no.
Vice Mayor Dawkins. Will the members of the Fire Department come up here?
Commissioner Plummer: Oh, no.
Vice Mayor Dawkins: We got a problem.
Mayor Clark: Members of the Fire Department?
Vice Mayor Dawkins. Yes. Oh, wait a minute, let me rephrase that. The black - some black
members of the Fire Department.
Mayor Clark: What is this?
Vice Mayor Dawkins: State your problem, because, see, this is the only way it can get public. I
can't do it.
Mr. Reynold Martin: Good morning.
Vice Mayor Dawkins: Just state your problem, because this public, and then you'll have to...
We'll have to schedule a hearing. State your problem.
Mr. Martin: I am Reynold Martin, from the Fire Department. I'm also with the People United to
Lead the Struggle for Equality. We of the Professional Black Fire Fighters' Association have set
back and watched the City of Miami deliberate on the issues surrounding the legality of the
consent decree adopted by the City as a result of a finding of illegal discrimination found by the
Federal Government in the application of hiring and promotional policies in the various
departments within City Government which include the Fire Department. Recently, there was a
hearing before the Honorable Judge Kehoe on a motion initiated by Local 587.
Vice Mayor Dawkins: Just a minute now. You're not going to read all of this, I hope.
Mr. Martin: Yes, sir. It's short.
Vice Mayor Dawkins: OK. No. Sr:e... no. Mr. Mayor, let me say something. We have a
problem in the Fire Department. I've said it all along. I ask that this be scheduled at the next
Commission Meeting, Mr. Manager, as a hearing, so that I can find out how this City of Miami
can go back to court, Mr. City Attorney, to either strengthen the consent decree or find out that
it's in order. That's all I want. But I had to get them, let them come down here and say we
want... We got to do it.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor and Commissioner, let me just caution
you. You should all know, and you are aware that the Professional Black Fire Fighters' Union
has a lawsuit pending against the City, which the allegations of which are certainly the same as
what they're attempting to raise here now. So I would caution you in terms of any public
hearing discussing any items that may impact on that particular lawsuit. You should also be
aware that the Federal Government has sued the IAFF on behalf of the Black Fire Fighters'
Union, which may resolve many of the problems that they're complaining about. So I would just
83 June 30, 1994
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caution you that any discussion relative to any matters which are of concern, and the center, and
the focal point of these lawsuits not be discussed in a public forum. You are going to severely
Impact...
Vice Mayor Dawkins: If the public is desirous of being heard on this item - the public - the
public cannot come down here and be heard. Is that what you're telling me, Mr. City Attorney?
Mr. Jones: But what I'm asking you, Commissioner, is that you not place me in a position of
trying to defend the City, and severely hampering my efforts of defending the City.
Vice Mayor Dawkins: I did not put you in that position. The Fire Department put you in that
position. OK? That's my opinion. OK? Mr. Manager, schedule this as a hearing for the public.
The public asked me to ask you to put this on as a public hearing. OK? Now, it's up to
everybody else to decide whether you want to hear the public or not.
Mr. Odio: Mr. Mayor...
Mayor Clark: Well, I just...
Vice Mayor Dawkins: OK. Go right ahead, sir.
Mayor Clark: Mr. Dawkins, let me tell you, we're in the hole so much now because of problems
where we didn't listen to our Law Department. I mean, sizeable problems. If he believes that
we would jeopardize our legal position by hearing this in public, I think it's...
Commissioner Plummer: Well, Mr. Mayor, we always want to try to afford the public the right
to be heard.
Mayor Clark: Without question.
Commissioner Plummer: But I would say that, if, in fact, this is to come about - and I
understand fully what the City Attorney is saying - that he, the City Attorney, would set the
parameters of what could be discussed.
Vice Mayor Dawkins: And what cannot be discussed.
Commissioner Plummer: And what cannot. OK? That he, and he alone, would be the sole
judge, because he is the one who is going to have to defend us in the court action presently
pending.
Vice Mayor Dawkins: I agree in total. I have no problem with that.
Commissioner Plummer: Now, Mr. City Attorney, could you live with that, where you have that
sole authority?
Mr. Jones: Commissioner Plummer, I... You know, I hate to say that I can't set any parameters.
Any discussion relative to any of those matters which is subject to the lawsuit, I think, would be
wholly improper. And you really are putting me in a compromising...
Commissioner Plummer: No, you just answered.
Mr. Jones: You're putting me in a compromising position. That's all I'm saying.
84 June 30, 1994
Commissioner Plummer: You've answered the question already by saying you can't put
anything in it. Now, I want to ask one other question. You said that the Federal Government has
a suit pending presently against the International.
Mayor Clark: Representing the...
Mr. Jones: The IAFF (International Association of Fire Fighters), which is the...
Mr. Odio: I have...
Commissioner Plummer: Now, my question, very simply, is that the same Federal Government
who, a couple of years ago, came to the City of Miami and said, "remove" the consent decree?
Mr. Jones: Different administration, but same Government.
Commissioner Plummer: I thought I was confused somewhere along the line. Thank you.
Vice Mayor Dawkins: OK. Mr. City Attorney...
Commissioner Plummer: Excuse me. Mr. Dawkins, but for the record, this City Commission
refused to do it.
Vice Mayor Dawkins: That's right. Mm-hmm. OK. Mr. Mayor... through the Mayor to the
City Attorney.
Mayor Clark: Yes.
Vice Mayor Dawkins: If you cannot legally hear this in the City Commission chamber, what's
the procedure for going to court and asking the court to speed up the case that they have against
them, or do you become a party to that suit, or what is the procedure of getting involved?
Mr. Jones: Commissioner...
Vice Mayor Dawkins: I mean, for the public, not for me, because you're already involved for
me.
Mr. Jones: For the public, Commissioner, I can tell you that since the black fire fighters are
represented by counsel, if they want an expedited hearing, certainly, it behooves them to prevail
upon their counsel to ask the Court for an expedited hearing. Certainly, there is no mechanism
for any member of the public to become a party to this lawsuit. It's... The public is not
aggrieved. It's these individual fire fighters who believe that they have been aggrieved, and are
seeking redress from court. So it would behoove them to prevail upon their counsel of record to
ask Judge Kehoe or whomever the lawsuit is before, for an expedited hearing, if they think that
for some reason that they've been aggrieved.
Vice Mayor Dawkins: Mr. Mayor, in order to expedite it, we'll hear two minutes from them,
and then they'll have to decide what they're going to do with the public.
Mr. Martin: We'd like the Commission to sit with us and review the circumstances in the Fire
Department as relating to upcoming promotions.
Vice Mayor Dawkins: He just said we can't do that.
Mr. Martin: We can't sit down and talk about what the Fire Department is planning to do?
85 June 30, 1994
Mr. Jones: No. You have to understand, Mr. Martin, back in 1983, '84 or whatever, you know,
the IAFF filed an unfair labor practice against this City because of that very same situation,
where members of the Professional Black Fire Fighters' Association took it upon themselves to
meet with various members of the Commission and whatever else. It was my opinion at the
time, and it still is, that that's an illegal and unfair labor practice, and I would only advise the
Commissioners that they not put themselves in that situation and open them up for liability.
Vice Mayor Dawkins: And that is why I had them come here, following your advice. I had
them come here, so that the fire fighters would not say they came to Miller Dawkins' office and
Miller Dawkins did this. OK? All right. OK.
Mr. Martin: But the PULSE (People United to Lead the Struggle for Equality) has requested the
same thing. The organization called PULSE has requested the same thing.
Mayor Clark: Well, sir, I'm sorry.
Vice Mayor Dawkins: Look, sir. Sir, that's all. We have to follow our legal advice, sir, and you
have to go back, like he said, to your legal advice, and have them tell you what to do to
counteract his legal advice.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. Thank you, Mr. Mayor. Thank you.
Mayor Clark: Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: At this point, agenda item 34 was
withdrawn.
----------------------------------------------------------------------------------------------------------------
33. (A) FUNDING REQUEST BY MR. DAVID ALEXANDER, COCONUT
GROVE LOCAL DEVELOPMENT CORPORATION, FOR A PUBLIC
HOUSING PROGRAM IN THE COCONUT GROVE AREA --
REFERRED TO CITY MANAGER TO A RECOMMENDATION.
(B) BRIEF DISCUSSION CONCERNING THE ST. HUGH OAKS
PROJECT -- URGE CITY MANAGER TO FIND A WAY TO
INVOLVE BLACK WORKERS IN THE PROJECT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-six.
Commissioner Plummer: He's here, David Alexander.
Vice Mayor Dawkins: Here he is, over here.
86 June 30, 1994
Commissioner Plummer: That bright and shining star from the City of Coral Gables.
Mr. David Alexander: Good afternoon, Mr. Mayor and Commissioners, Mr. Vice Mayor. David
Alexander, representing Coconut Grove Local Development Corporation, and the Coconut
Grove Family and Youth Intervention Center. We appeared before you at the CDBG
(Community Development Block Grant) hearing and requested funding for housing and social
services to support our new efforts in Coconut Grove. The LDC (Local Development
Corporation) would like to purchase and build out up to five single-family homes in the City of
Miami, emphasis on Miami portion of Coconut Grove. And we'd also like support from the
Commission for administrative services in support of a grant of a half a million dollars, over
three years, which has been selected for us by Dade County. I'd like to recognize in the
audience this afternoon several representatives of our support groups, and also concerned
citizens. We are represented today by Planned Parenthood, Tucker Elementary School, the Boys
and Girls Club, the Shake -A -Leg Foundation, the Gibson Memorial Fund, and several
community residents. The problem really was that we weren't able to make the cycle for CDBG,
and so we are asking to be added today.
Mayor Clark: All right.
Commissioner Plummer: We ought to hear from Community Development.
Mr. Frank Castaneda: Commissioners, this is an item that was brought up under the Community
Development Block Grant process as to... Let me divide their request into two areas, because
first of all, they're asking for fifty thousand dollars under the public service category for the
intervention program. As you are well aware, we've exceeded that cap. We do not have any
more money under that category, and that's the reason that the CD (Community Development)
Advisory Board denied that request. As to the fifty thousand dollars for the scattered housing
site, there are no... There is not a housing community, a housing CBO (community -based
organization) in the area. If the Commission wishes to fund them as a housing CBO, that's fine.
They were not recommended by the board, however, staff, Housing staff says that they are
willing to work with them if you want to do that.
Mayor Clark: You're going to make it. You're going to make it. All right. What's the pleasure
of the Commission?
Commissioner Gort: Mr. Mayor, my understanding is... Can we hear from the Housing staff?
My understanding is your request is for affordable housing within the Coconut Grove area.
Mr. Alexander: Correct, Commissioner Gort.
Commissioner Plummer: Is there any money left? We cut their budget by what, a million
dollars?
Mr. Castaneda: We'll get money from the Housing budget to do that, if that's what you want to
do.
Commissioner Plummer: They were in here... We cut them what, a million dollars?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: We cut you a million dollars?
Mr. Jeff Hepburn: I think it was half a million.
87 June 30, 1994
Commissioner Plummer: And they were crying poor mouth now, and now you're telling me
you're going to turn around and cut some more? I would... It's your item. I would recommend
we send it to the Administration, and come back at a later time with a recommendation.
Commissioner Gort: Yeah. No, I don't have any problem with the... I'd like to see them sit
down. My understanding is we will see some affordable housing down, I think we can all get
together and come up with a plan, which you already have probably in place or something. OK?
Commissioner Plummer: Mr. Manager, what do we know about St. Hughes Oaks? I haven't
heard anything about the lottery drawing. I don't know who's getting those houses.
Mr. Hepburn: We're going to be on the next Commission agenda, July 14th to further discuss
that.
Commissioner Plummer: What are you going to be on there for? To tell me it's not ready?
Mr. Hepburn: No. We're going to talk about price and the selection process.
Commissioner Plummer: OK. Don't make any commitments on that selection process until this
Commission tells you how we're going to do it.
Vice Mayor Dawkins: While you're on that, I hate to do this, but Mr. Bailey - I mean, no, - Mr.
Manager, I get calls every morning at seven o'clock telling me to drive over to the St. Hugh
building site, and then the next day, they call and say, "Did you go?" I say, "Yeah." They say,
"How many black people did you see working on the site?" I say, "None." And I've been doing
that for the last two months. Now, I don't know what to tell them. I just keep riding over there.
Now, some kind of a way, on our next whatever it is, we got to find some way to get them
involved, because I... And they stand out there and wait till I get there, Mr. Bailey. They don't
just call. Now, what can we do to see that this is not... does not occur again?
Mr. Herb Bailey (Assistant City Manager): Mr. Vice Mayor, the minority requirements are in
the bid documents. The contract has been let, and when Public Works put out the bid, those
minority requirements were in there. This contractor met the minimum minority requirements.
Vice Mayor Dawkins: Well, when did he... OK. All right. When you come to discuss the
letting and et cetera, bring a break-out (sic) of the minorities that they participated, and what
they did. Was it digging a foundation? Was it laying the blocks? Was it the electrician? Was it
a plummer? And let me know. And be sure, now, that when you say "minority participation,"
that he spread it out as it was supposed to be spread out. And just bring me that in writing.
That's all I ask, sir.
Commissioner Plummer: In dollar value.
Mr. Bailey: OK, Commissioner. We'll do that.
Vice Mayor Dawkins: Thank you.
Mr. Bailey: I just want to say that we are in favor of Coconut Grove Economic Development
becoming a (UNINTELLIGIBLE). I think what they've done for housing, even though it's
across the street in Coral Gables, but it does complement the Grove in Miami, I think their track
record has indicated to them they do have the capability, and we would be willing to try to find a
way to work with them.
Commissioner Plummer: That's why we're sending them to you to work it out.
88 June 30, 1994
Mayor Clark: OK. Thank you. All right, let's move on.
Commissioner Plummer: Mr. Mayor, please. Mr. Bailey, again, I am concerned, and have a lot
of people expressing concern to me about who is going to be getting the houses in St. Hugh.
Mr. Cesar Odio (City Manager): Commissioner, you'll have that agenda...
Mr. Bailey: We will be here July the 14th. We'll have a discussion with that, and at the
conclusion of that discussion, I think all those questions will be answered.
Commissioner Plummer: OK. Let me just ask for the record now, and I'll stop a lot of phone
calls. At this point, no one has a commitment of a guarantee in that provision.
Mr. Bailey: That is correct.
Commissioner Plummer: Thank you, sir.
Mayor Clark: All right. Let's move on. Yes, sir.
Commissioner Gort: Mr. Mayor, I'd like to give a suggestion. Mr. Gibson - I'm sorry - Mr.
Dawkins, in talking to the... I understand what you're saying, but I think it would be very
important, also, if we do it before and not after the fact, that the requirement... And some of the
requirements maybe should be people within the neighborhood should try to recruit people
within that neighborhood where it's being done. Because this is the economic development we
need to do in those neighborhoods.
Vice Mayor Dawkins: I agree with you, sir. That's right.
Commissioner Gort: OK.
Mayor Clark: All right. Item 37.
Mr. Alexander: Mr. Mayor.
Mayor Clark: Yes.
Mr. Alexander: Your indulgence, sir. We have a fiscal year which starts on the first of June -
July - and I would ask the Commission to reconsider, because we have to plan our budget and
our implementation. This is the last chance we have...
Commissioner Plummer: You'll do it after the 15th of July, David.
Mr. Alexander: After the 15th?
Mayor Clark: The 14th of July.
Mr. Alexander: OK. Thank you.
Mayor Clark: All right, sir. Thank you.
Commissioner Plummer: Just take fifteen days off your budget.
END OF DISCUSSION -- NO ACTION TAKEN
89 June 30, 1994
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34. (A) STATUS REPORT ON THE NORTH POLICE SUBSTATION BY
MAYOR GWENDOLYN BOYD, COMMANDER OF THE NORTH
DISTRICT POLICE SUBSTATION.
(B) PERSONAL APPEARANCE: MR. THELBERT JOHNAKIN,
PRESIDENT OF THE MODEL CITY CRIME PREVENTION SUB -
COUNCIL AND TASK FORCE TO DISCUSS CITY'S HIRING
PRACTICES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Regular agenda item 37. Beatrice Loussaint. Black fire fighters want you to be
aware they're monitoring this item...
Vice Mayor Dawkins: You all are right on time.
Mayor Clark: All right. Now we have...
Vice Mayor Dawkins: Mr. Johnakin.
Mr. Thelbert Johnakin: OK. My name is Thelbert Johnakin. I live at 1345 Northwest 51 Street.
I'm the chairman of the Model City Crime Prevention Sub -Council working at the north police
substation. Good morning, Mr. Mayor, Vice Mayor, the Board of Commissioners. There was a
part, there's a part there, have been left off here in reference to... We're getting into the hiring
practices, but we're also going to bring you up to date on the north police substation. And I
asked Major Boyd to bring us up to date on that, on that station. It's something that
Commissioner Dawkins or Vice Mayor Dawkins and Commissioner Plummer, they been
working on since 1990. So we'd like to have an update on that.
Mayor Clark: All right. Who's going to give us an update?
Mr. Johnakin: Major Boyd.
Mayor Clark: Major. All right.
Major Gwendolyn Boyd: Good morning. Major Gwendolyn Boyd, the Commander of the north
district substation. In reference to Mr. Johnakin's concerns, he listed four concerns. The first
one was in reference to additional parking at the north district substation. And right now, based
on the meetings that we've held with Lieutenant Longueira, the only feasible property is at the
corner of Northwest 11th Avenue and 62nd Street, which the City is in the process of
considering purchasing that lot. However, on the day that Commissioner Dawkins did a walk
through of the north district substation, he expressed an interest in obtaining... Commissioner
Dawkins expressed an interest in obtaining the lot that's a lot closer to the front entrance of the
north district substation. And right now, a church sits on that lot, and it's at Northwest 10th
Avenue and 62nd Street. OK. In reference to Mr. Johnakin's second request for new gates to be
installed at the north district substation, we've had a new motor installed by GSA (General
Services Administration), and the gates are working for now. So there is no problem with the
gates. However, we're still in need of a key card, so the officers can access entrance into the rear
parking lot, as well as in the... into the main building. Some of the officers who were initially
assigned to this station when it opened in 1989 have key cards, but a lot of the new personnel do
not have key cards. I've discussed this with Lieutenant Longueira, and Honeywell did call him,
but they kept missing each other. So Honeywell has been apprised that we are in need of the key
cards, and they're still working on it. But we don't want them to take another year to get the key
90 June 30, 1994
cards issued. In reference to the request for a new central air conditioning unit, GSA has
completely repaired the air conditioner that we have in place, and it is putting out nice and cool
air, and we are satisfied with that. The request for windows that provide adequate sunlight, we
made a request to have the louvers removed from the station, and I was told by Lieutenant
Longueira that we need to get permission from Chief Calvin Ross to have that done. And Chief
Ross has given us his permission to have the louvers removed. So hereafter, we'll be making a
request to Mr. Ron Williams to have his personnel to remove the louvers.
Commissioner Plummer: What louvers are you talking about?
Major Boyd: The louvers are on every window at the north district, and the only way that
anyone can see outside is through the little slits. And my concern is if a person is being mugged
right outside my window, I cannot see that individual unless I squat down, and unless the person
really screams loud, because otherwise, visibility is almost nill. And I've invited various
community people to hold their crime watch meetings within the north district, and they gave me
the response, "Is anybody there? We can't see inside, and we assume that you all can't see us,"
which is a safe assumption.
Commissioner Plummer: Mayor, is that the same thing that in Flagler and 22 Avenue the whole
front is glass and now they've gone back and the first three levels have been frosted so you can't
see in or out? Is that the same concept?
Major Boyd: The south... No, no, no. There's only one large window at the north district, and
it's in my office. The other windows are pretty high up.
Commissioner Plummer: You're not listening to me. In the south district at Brickell, at Beacon
Boulevard...
Major Boyd: The south district station.
Commissioner Plummer: The whole front is glass.
Major Boyd: That is correct.
Commissioner Plummer: But the first... The glass, as I assume is put there so you can see
through. Now, they've gone back, and the first three panels of glass from the bottom up have
been frosted so nobody can see. I wonder why they put glass. I assume it's the same thing, if
you had the louvers.
Major Boyd: I don't know what their concerns are, but our concerns are, there's only one large
window at the north district, and it's in my office. And again, I would hate for a citizen to be
mugged right outside my window and I could not see that person and send immediate assistance.
So therefore, we want the louvers removed.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I hope that we have standards for all the police stations, and not different
standards in different stations, because if we have that problem in other stations, I mean, we
should be aware of it. We should worry about that other station, too.
Major Boyd: I was told that the reason the louvers are at the windows at the north district is
because the north district is the center of a lot of riots, and the possibility of a bomb being
thrown through the window.
91 June 30, 1994
Vice Mayor Dawkins: OK. I'm going to correct this for you for the last time, I hope. OK? I'm
going to put it in the record so you'll know, and J.L. Plummer will verify it, because I'm here.
Major Boyd: OK.
Vice Mayor Dawkins: The reason the station looks like it looks, and is like it is, is because
Howard Gary, nor Chief Harms, wanted this station. Now, they had the same problem that they
have now. They had a bond issue that they wanted passed. And I said, the only way you're
going to get the bond issue passed is that you place ten million dollars in the bond issue; five
million dollars to build a station south of Flagler Street, and five million dollars to build a station
north of Flagler Street. Since Chief Harms, Howard Gary, nor Maurice Ferre wanted that
station, they did all they could to make it look as bad as they could, and didn't put anything in it.
So the reason is looks like it does is because Howard Gary didn't want it, Chief Harms didn't
want it, and Maurice Ferre didn't want it, and that's why it looks like it looks.
Major Boyd: I know when I've attended community meetings, is all I get from the community
people is that the station looks like a fortress, and it does. It's not a user friendly building.
Vice Mayor Dawkins: And I've given you the reason. You are correct.
Commissioner Plummer: Let's put one other thing in the record, if I may, because, as Dawkins
says we were both here. We were emphatic that both could not, in any way, exceed five million
dollars. The substation in the north, five, and the south. We cut out gymnasiums, we cut other
frills out. So the people in the department and the people of the community had input of what
they wanted for their five million dollars. So in the dollar amount, nobody was slighted. And let
me tell you, Dawkins and I fought like tigers to keep it to that amount, because every time we
turned around... They did things up there... They didn't even put furniture in. They didn't put
furniture. And yet, still, with everything that this Commission tried to do, even today, has
broken faith with the public. Those were, if you go back to the wording when approved by the
voters, were to be full service substations, and they're not. They are not.
Vice Mayor Dawkins: Also, J.L., what you're not saying, which the public knows, and we don't
bring it up to them, you look at the south station, it's beautiful. OK? You look at the north
station, it's lousy. South station, out of their five million dollars, had to buy the land. At the
north station, they did not have to buy the land, and they had five million dollars to construct
what you see, and it still looks worse than the one in the south, and I just told you why.
Commissioner Plummer: Yeah. Hey...
Vice Mayor Dawkins: Now, that doesn't mean that we can't correct it, Major.
Commissioner Plummer: ... everybody had their right of input.
Vice Mayor Dawkins: That doesn't mean, major, that we will not and shall not correct. We will
correct it. OK?
Mayor Clark: OK. What else, what else do we have here, now?
Vice Mayor Dawkins: If they want the next bond issue passed, you people need to tell them -
not you people, I mean us up there in that neighborhood - that the only way we will approve this
92 June 30, 1994
661
bond issue and support it, that you earmark another ten million dollars just for this station, and
we will support the bond issue.
Major Boyd: Thank you, sir. Yes, ma'am. Yes, sir, Mr. Johnakin.
Mr. Johnakin: Yes. Mr. Mayor and the Board of Commissioners, I'm here this morning in
reference, really, because of the hiring practices of the City of Miami. It's not we're concerned
so much about the hiring practice. Concerned about every time we call for assistance, when I
hear someone say, "Well, we just don't have the help to do something." That is our concern.
We are out there in the community. At our last meeting - I forgot to bring the papers in - at our
last meeting, we had a hundred and three people, those crime prevention and crime watch
people. And just before that it was in the ninety -some -odd people. And we... We can't keep on
going, going out there working ourselves down. When we call someone for help, somebody
from the City, there's no help. OK. So we had a meeting with the City, with the City Manager,
on the 16th. And what he was telling me, really, it sounded good. They are going to be some
more staff, regular people are going to be hired on the parks. If I'm wrong, Mr. Manager, I want
you to correct me. OK. There will be more employees. I think, Mr. Manager, if I'm not wrong,
with Public Works, Solid Waste, all the departments, the people that you have working there
now that is working part-time, those people would be moved up to full-time people, it's my
understanding, Mr. Manager.
Mr. Odio: You are talking about the Parks Department?
Mr. Johnakin: Yeah, that's the Parks Department on that, yeah.
Mr. Odio: In the Parks Department, we are going to make some part-timers permanent
employees.
Mayor Clark: You know, Mr. Johnakin, the hiring practices of this City are his responsibility,
and if any one of us get involved in those practices, we're out the window.
Vice Mayor Dawkins: Or in jail.
Mayor Clark: Or in jail, get thrown out of office.
Mr. Johnakin: Well, I just wanted to...
Mayor Clark: Much as we preach to you, we'll do everything we can.
Mr. Odio: As I told you the other day, the '95 budget reflects an additional people for the Parks
Department, also.
Mr. Johnakin: Mm-hmm. Well, that was my concern, Mr. Mayor, is that it's come a time that
we need assistance, and I just wanted to bring it and "turn the bowl" so it can go into the record.
Mayor Clark: Appreciate it. I hope he's listening real good.
Mr. Johnakin: OK. And another thing I would like to say at this meeting here. I said
something, maybe I shouldn't have said, that I have a program that I'm holding back on, that I
have a program that will solve some of the trash problems and the... some of the crime problems
right in our neighborhood, and the City Manager applied to me, he said - replied to me. He said,
"Well, you're a part of the problem then, if you don't, you know, turn this program in." So I
brought a whole packet of all the programs that's going, which each... the City Manager and
each one of you will receive one before I leave here this morning.
93 June 30, 1994
Mayor Clark: All right. Thank you, Mr. Johnakin.
Mr. Odio: You're right. What I said was that if you know the solution to a problem, and if you
live in the community, and you don't bring it to us so we can work together, then you become
part of the problem.
Mr. Johnakin: All I'm asking, Mr. Manager is for you all to work with us.
Mayor Clark: Thank you, thank you.
END OF DISCUSSION -- NO ACTION TAKEN
------------------------------------------------------------ ---------------------------------------------------
35. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF
JULY TO TAKE PLACE ON JULY 26, 1994, AT 9.00 A.M.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Would everyone look at their calendar first, please.
Commissioner Plummer: Where is it?
Mayor Clark: Wherever it is.
Commissioner Plummer: They hid it.
Mayor Clark: Do we have a large calendar?
Mr. Cesar Odio (City Manager): Behind the elevator.
Mayor Clark: Where? Behind the elevator?
Vice Mayor Dawkins: What are you going to do with the calendar?
Mayor Clark: I'd like to know... I'd like to ask your indulgence to change the last meeting in
July to... from the 23rd - not the 23rd - from the 24th to the 26th, which is a Tuesday.
Commissioner De Yurre: Well, the 24th is a Sunday.
Mayor Clark: No, it's for the... Well, the 21st, I'm sorry. I'm sorry, of July.
Commissioner Plummer: Mr. Mayor, can we consider... Let me ask you a question.
Mayor Clark: Yes.
Commissioner Plummer: Can we consider the 19th?
Mayor Clark: No, I'm sorry, I'll be gone. This is an accommodation for myself, and for Willy
Gort, also, because he can't... Our meeting was regularly scheduled for the 28th.
Commissioner Plummer: I thought it was the 26th.
94 June 30, 1994
ii "
Mayor Clark: No, sir. It was scheduled for the 28th.
Commissioner Plummer: The 28th is here.
Mayor Clark: And to accommodate Mr. Gort...
Vice Mayor Dawkins: And we moved it to the 21st. Now, we're going some place else.
Commissioner Plummer: Yeah, we moved... That's right, we did move it to the 21st.
Mayor Clark: Yes, sir. Now, Mr. Gort will be out of town when, Willy?
Commissioner Plummer: Can I ask one other question? Mr. Manager, how heavy are those two
agendas? Can we do both...
Vice Mayor Dawkins: You didn't let the Mayor finish, Plummer.
Commissioner Plummer: I'm sorry.
Vice Mayor Dawkins: Let the Mayor finish, then go to the Manager.
Commissioner Plummer: I didn't hear him talking.
Vice Mayor Dawkins: Well, he was.
Mayor Clark: I'll be gone from the 14th to the 24th. Is that right, Lisa?
Unidentified Speaker: Yes.
Commissioner Gort: I'll be gone from the 28th through the 30th.
Mayor Clark: 28th through the 30th?
Commissioner Gort: 28th, 28th.
Vice Mayor Dawkins: I'll be gone from the 1st to the 28th.
Commissioner De Yurre: Yeah, we're never here. The 14th, there's another meeting on the
14th, also.
Mayor Clark: Yes, sir, I know that.
Commissioner Plummer: Yeah.
Commissioner De Yurre: So there's two meetings you need to change.
Mayor Clark: I need to... No, I don't have to. I'll be gone...
Unidentified Speaker: You're leaving Tuesday morning, the 15th.
Commissioner Gort: The 14th is fine.
Mayor Clark: I leave the 15th.
95 June 30, 1994
I'
1
Commissioner De Yurre: Oh, OK.
Commissioner Plummer: Well, the question I wanted to ask is, how heavy are the agendas? Can
we do both in the same day?
Mr. Odin: No, sir.
Commissioner Plummer: OK. Thank you.
Mayor Clark: Could we... Could you accommodate me with the 26th and 27th?
Mr. Odio: Excuse me, Mr. Mayor.
Vice Mayor Dawkins: I have voted to accommodate Victor De Yurre so many times, it's a
pleasure to vote to accommodate the Mayor. I move... What date do you want, Mr. Mayor?
Mayor Clark: The 26th.
Vice Mayor Dawkins: I move the 26th.
Mayor Clark: Sir?
Mr. Odio: Commissioner Plummer asked me a question. Let me say this. If you remove the cap
of the number of items I can have...
Vice Mayor Dawkins: No.
Mr. Odio: ...you could have it in one meeting.
Vice Mayor Dawkins: No. I will not do that, because then you will do it at every meeting.
Commissioner Plummer: Well, I think it's worth considering, Commissioner, because I'm
trying to look at where... If we can come along on the 14th and hold both meetings, it will give
us a six -week vacation, rather than a four -week.
Commissioner De Yurre: Don't you enjoy coming here?
Commissioner Plummer: I enjoy it as long as you're not here, but... We'll send you back to
Italy where you commonly reside.
Vice Mayor Dawkins: OK. The Mayor is trying to get something resolved, and J.L. Plummer is
not.
Commissioner Plummer: What do you want to do?
Mayor Clark: I'd like to...
Vice Mayor Dawkins: You want to do the both of them in one meeting?
Commissioner Plummer: I'd... If we can do it by adding ten more items, it's fine with me.
Mayor Clark: It's all right with me.
Mr. Odio: The problem is, he's telling me now that we could not have the advertising done
before the 14th.
96 June 30, 1994
Mayor Clark: Can't do it.
Vice Mayor Dawkins: Or have them both on the 26th, then.
Mayor Clark: No.
Vice Mayor Dawkins: No.
Mayor Clark: No. We'll have a meeting on the 14th. The meeting on the 26th, is that...
Vice Mayor Dawkins: Hold it. The 14th...
Mayor Clark: Is that OK with everybody?
Vice Mayor Dawkins: All right, the 14th. What about the nine... Like you say, what about the
19th? You won't be here Mr. Mayor?
Mayor Clark: No, sir.
Commissioner Gort: The 26th is a good day for everybody.
Mayor Clark: Tuesday, the 26th.
Commissioner Plummer: Well, let me hit you one other time.
Vice Mayor Dawkins: OK. I'll take the 26th.
Commissioner Plummer: How about if we do... Can we do the 13th and 14th?
Mr. Odio: For Planning and Zoning, you cannot advertise.
Vice Mayor Dawkins: No, because if you could, you could do them all on the 14th, if you could
do that. So it's the 14th and the...
Commissioner Plummer: Well, if you change on the 21st, you still got to readvertise.
Mr.Odio: No.
Commissioner Plummer: Why not?
Vice Mayor Dawkins: Because you're going up to the 26th. The 26th is after the 21st.
Commissioner Plummer: Excuse me. You need ten days of advertising, right?
Mr. Sergio Rodriguez: Right.
Commissioner Plummer: Get it in tomorrow.
Mr. Rodriguez: You don't have time to do it. We already checked this morning.
Commissioner Plummer: Oh, don't give me that, you can't do it.
Mr. Rodriguez: OK. Well, I'm telling you that we cannot do it.
97 June 30, 1994
Mayor Clark: I would like to have it on the 26th, if I could be accommodated.
Commissioner Gort: Right.
Mayor Clark: Can you do it on the 26th?
Vice Mayor Dawkins: Yeah.
Commissioner Gort: 26th.
Commissioner Plummer: Mr. Mayor, as far as I know, I can.
Vice Mayor Dawkins: If not, we'll be without him.
Mayor Clark: Sir? Mr. Plummer?
Commissioner Plummer: As far as I know, sir, without looking at a schedule, I can, yeah.
Mayor Clark: You all right, Victor?
Commissioner De Yurre: Yeah.
Mayor Clark: 26th, Mr. Manager, Sergio. 26th of July.
Commissioner Plummer: Yeah, it cuts down on your vacation.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, we're finished with the regular agenda. Are you...
Mayor Clark: It starts at nine o'clock in the morning.
98 June 30, 1994
N
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-459
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF JULY 1994 TO TAKE PLACE ON JULY 26, 1994 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
---------------------- -----------------------------------------------------------------------------------------
36. COMMISSIONER J.L. PLUMMER BRIEFLY TRIES TO INTRODUCE
POCKET ITEM RESOLUTION ACCEPTING A BID OF PROPOSAL FOR
MARINE IMPROVEMENTS AT WATSON ISLAND MARINA YACHT
CLUB -- VICE MAYOR DAWKINS INVOKES 5-DAY RULE.
Commissioner Plummer: I got two pocket items, and neither one of them are mine.
Mayor Clark: All right.
Commissioner Plummer: The first pocket item, you've all been made aware of, is in reference to
Watson Island, Miami Yacht Club.
Mayor Clark: Yes, sir.
Commissioner Plummer: A resolution accepting the bid of Marin and Marin Construction, Inc.
in the proposed amount of $290,253 total bid of the proposal for marina improvements, Miami
Yacht Club, H-1068, with monies therein allocated from fiscal year 1993/94 Capital
Improvement Ordinance Number 11139, as amended; Project Number 31180-A in the amount of
$282,753 seven hundred fifty-three dollars; and Project Number 311820 in the amount of $7,500
dollars to cover the contract cost, and $7,000 to cover the construction inspection, for an
estimated cost total of $297,253 and authorizing the City Manager to execute a contract in a
form acceptable to the City Attorney with said firm. I so move.
Vice Mayor Dawkins: So much money to spend on a pocket item. I call the rule.
Mr. Cesar Odio (City Manager): Mr. Commissioner...
99 June 30, 1994
Vice Mayor Dawkins: I call the rule, I call the rule. That's too much money to spend on a
pocket item,
Mr. Odio: This is a FEMA (Federal Emergency Management Agency) related...
Vice Mayor Dawkins: I call the rule.
Commissioner Plummer: Hey, you told me that...
Vice Mayor Dawkins: Go ahead and do your next one.
Commissioner Plummer: I told him to take it around to each... OK.
END OF DISCUSSION -- NO ACTION TAKEN
37. RESCIND RESOLUTION 94-368 WHICH HAD AWARDED BID TO WGMC,
OF PALM BEACH, FOR FURNISHING ONE CAB AND CHASSIS FOR A 25
YARD REFUSE PACKER.
Commissioner Plummer: A resolution to rescind... and this is also from the City Manager's
office. A resolution rescinding the previous award to White GMC of Palm Beach for the
furnishing of one CAB and chassis for twenty-five yard refuge packer at the proposed amount of
$56,502 approved under Resolution Number 94-368, and authorizing the purchase of additional
equipment under existing Bid Number 92-93-104 of eight CAB and chassis for the twenty-five
yard refuge packer from Mac Sales of South Florida, non -minority Dade County Vendor, at a
proposed amount of $443,200 and seven twenty-five refuge packers from Metro Tech
Equipment Corporation, non -minority Dade County vendor, at a proposed amount of $172,760
for a total proposed amount of $615,960 for the Department of General Services Administration
and Solid Waste, allocating funds therefrom from the FY'94 Recycling and Educational Grant
Project Number 197006, Account Code Number 421304-840; $55,400 in Fleet Management
Division Account Code Number 420902-880, Project Number 509000; $560,560.00 said
equipment to be acquired through a thirty-six month lease purchased plan offered by a financial
institution; authorizing the City Manager to instruct the Chief Procurement Officer to issue a
purchase order for these equipments. I so move.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: All right. Call the roll, Madam Clerk.
100 June 30, 1994
ylX
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-460
A RESOLUTION RESCINDING THE PREVIOUS AWARD TO WHITE GMC OF PALM
BEACH FOR THE FURNISHING OF ONE (1) CAB AND CHASSIS FOR A 25 YARD
REFUSE PACKER AT A PROPOSED AMOUNT OF $56,502, APPROVED PURSUANT TO
RESOLUTION NO. 94-368, ADOPTED JUNE 9, 1994, AND AUTHORIZING THE
PURCHASE OF ADDITIONAL EQUIPMENT UNDER EXISTING BID NO, 92-93-104 OF
EIGHT (8) CAB AND CHASSIS FOR 25 YARD REFUSE PACKERS FROM MACK SALES
OF SOUTH FLORIDA (NON MINORITY/DADE COUNTY VENDOR) AT A PROPOSED
AMOUNT OF $443,200 AND SEVEN (7) 25 YARD REFUSE PACKERS FROM METRO -
TECH EQUIPMENT CORPORATION (NON MINORITY/DADE COUNTY VENDOR) AT
A PROPOSED AMOUNT OF $172,760, FOR A TOTAL PROPOSED AMOUNT OF
$615,960, 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
420902-880,
PROJECT O400) AND 509000 ($5 0 560), SAID EQUIPMENT TO BE ACQUIREFLEET MANAGEMENT DIVISION, ACCOUNT CODEDTHROUGH A
36-MONTH LEASE PURCHASE PLAN OFFERED BY A FINANCIAL INSTITUTION;
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.)
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.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: I vote no, in principle only. Again, it's a lot of money for a pocket item.
----------------------------------------------------------------------------------------------------------------
38. BRIEF DISCUSSION CONCERNING INSURANCE BENEFITS FOR
ATTORNEYS PRESENTLY ADVISING CITY BOARDS.
Commissioner De Yurre: Mr. Mayor, I have one. Going back to the issue about the attorneys
that serve on the different boards.
Mayor Clark: Yeah.
Commissioner De Yurre: About their insurance program. Can we go ahead and finally approve
that?
101 June 30, 1994
N
W
Mayor Clark: Well, I think we ought to bring that up at budget time.
Vice Mayor Dawkins: OK.
Mayor Clark: Budget time, if it's in the budget, then we go with it.
Commissioner De Yurre: Fine. As long as we have... we know what we're doing and...
Mayor Clark: Right.
Commissioner De Yurre: ... it's conveyed.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
39. CLASSIFY 98 STREET HAWK LIGHTBARS (MODEL NO. S1) AS
CATEGORY "A" SURPLUS STOCK, SHOULD THEY BECOME
AVAILABLE -- STIPULATE THAT SAID LIGHTBARS SHALL BE
DONATED TO THE FRATERNAL ORDER OF POLICE (FOP) -- TO BE
SOLD AND TO USE SAID PROCEEDS STRICTLY FOR THE FOR
ESTABLISHMENT OF A POLICE REWARD FUND.
Commissioner Gort: Mr. Mayor, I have one.
Mayor Clark: All right.
Commissioner Gort: This was given to me by the FOP (Fraternal Order of Police). You all were
delivered a copy. Al Cotera, do you want to address it?
Commissioner Plummer: What is it?
Mayor Clark: Lightbars.
Mr. Al Cotera: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Cotera: Al Cotera, president, Fraternal Order of Police of Miami. Several months ago when
we went to the new Lightbars, we were able to locate some surplus Lightbars. During
negotiations, we wanted to establish a reward fund by being able to sell those Lightbars, and the
funds to be placed in a reward fund for... in the eventuality such as the one you read about in
today's newspaper.
Mayor Clark: Yes.
Mr. Cotera: What has happened in the past is when surplus property is sold through the City, it
goes through... Let's put it this way. You don't get much for it. We strongly feel that we may
be able to get more for it, and be able to place that money in a reward fund to be used strictly for
that purpose, and I will make sure that any monies that are taken and used from that fund, that
the entire Commission and the City Manager would be advised prior to the dispensing of any of
those monies.
102 June 30, 1994
.W
Commissioner Plummer: Advised or approved by the City Commission?
Mr. Cotera: Well, the problem with "approved by the City Commission" is twofold. Number
one is the time limitation. You know, if you have a problem today and you guys aren't meeting
for a month, we need to be able to take care of that problem as swiftly as possible.
Commissioner Plummer: So in other words, you'll just notify us.
Mr. Cotera: That's correct.
Commissioner Plummer: All right. Well, the only proviso I would have on that is that they can
only be sold to law enforcement agencies.
Mr. Cotera: We were looking at selling it to a dealer who sells to law enforcement agencies.
Commissioner Plummer: As long as that is the bind, that's fine.
Mr. Cotera: They'll probably end up, you know, somewhere in Mexico, as far as I'm concerned.
Who knows.
Vice Mayor Dawkins: I'm going to vote for the motion, but I have a problem with you saying
that it's a time constraint to get the City Commission's approval. You never have put a reward
out and paid a reward in thirty days.
Mr. Cotera: Sir, if I...
Vice Mayor Dawkins: No, I mean I'm going to vote for it.
Mr. Cotera: If I have someone that's going to come to me right now and give me...
Vice Mayor Dawkins: Oh, well, that's not a reward.
Mr. Cotera: ... what I need, then...
Vice Mayor Dawkins: OK. No, but you still do not pay until there's a conviction.
Mayor Clark: Next case.
Vice Mayor Dawkins: OK?
Mayor Clark: Call the roll.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
103 June 30, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-461
A RESOLUTION CLASSIFYING NINETY-EIGHT (98) STREET HAWK
LIGHTBARS, MODEL NO. S1 AS CATEGORY "A" SURPLUS STOCK, SHOULD
SUCH LIGHTBARS BECOME AVAILABLE; FURTHER STIPULATING THAT, IN
SUCH CASE, SAID LIGHTBARS SHALL BE DONATED TO THE FRATERNAL
ORDER OF POLICE (FOP), SUCH DONATION TO BE VALID AND EFFECTIVE
BETWEEN JULY 14, 1994 AND JULY 13, 1995, UPON THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS; SAID EQUIPMENT TO BE USED FOR
THE ESTABLISHMENT OF A REWARD FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Mayor Clark: Any other pocket items?
Mr. Cotera: Thank you very much.
Commissioner Plummer: No, sir.
None.
----------------------------------------------------------------------------------------------------------------
40. CLARIFYING COMMENTS BY MAYOR CLARK CONCERNING
CONDUCT OF PUBLIC HEARING SCHEDULED FOR THE AFTERNOON
MEETING SESSION CONCERNING APPEAL OF SPECIAL EXCEPTION
GRANTED BY ZONING BOARD TO PERMIT A TEMPORARY CARE
FACILITY FOR THE HOMELESS AT 1500 N. MIAMI AVENUE.
(Applicant(s): Dade County School Board / Community Partnership for the
Homeless, Inc. Appellant(s): Frank Martel, Hal Kluger, Richard Sprague, Leif
Griffin, Dave Exter, Rick Shiffman, the Omni, Edgewater, Overtown, Wynwood
Community Improvement Association, Inc.) (See label 49)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Well, let me make an announcement right now. Hold it, now, just a minute. Pay
attention. At five o'clock this afternoon, we're going to have the homeless. The proponents are
going to receive an hour and a half, and the opponents are going to receive an hour and a half.
And the appellant goes first. That's the people in opposition. That's the way we're setting up.
104
June 30, 1994
Now, if we get too many people in here, I'm going to cancel the meeting, and hold it for the next
week, and we'll have it at the Hyatt, downtown, because we want everybody to have a chance to
speak, and speak their peace, but not here. If it gets out of hand. I'm just going to cancel the
meeting. I'm going to tell you right now, the meeting is over, it will be heard on the next
Wednesday at the Hyatt. Understand?
Commissioner Plummer: Mr. Mayor?
Mayor Clark: We're not going to have chaos down here. Yes, sir. We're not going to have
anyone upstairs - we're going through construction - and have people injured and a lot of other
things. They're not going to be roaming the halls. If they can't stay in here, they're going to be
outside. There's going to be a table out there, there's going to be television sets out there to
accommodate them.
Commissioner Plummer: I only am going to question, Mr. Mayor, that I have been informed
that they are, one of the groups, is bringing bus loads of people here. And if that's the case,
should we consider right now just going ahead and making it a single item next Wednesday? I
mean, I'm just asking the question.
Mayor Clark: I would think... Listen, I know it's going to be a... And both sides are all pumped
up on this thing, no doubt about it. And we're not trying to delay this. We want to make sure
that everybody has an opportunity to in full forum to hear all the... All the Commissioners can
understand what's going on here. Now, if you want to advise these people now... What do you
think, Sergio? You know, it's going to... I wanted to have it at the convention center, but they
can't rig up, and they promised the paper and everything else that it's going to be on television.
We should have it, and have it at five or six o'clock that afternoon. We got to do that. We got to
,give a chance for people to be there. I just think they're not going to be accommodated here this
afternoon properly.
Commissioner Plummer: Noway.
Mayor Clark: Sergio?
Mr. Sergio Rodriguez: Maybe the best thing would be to wait until five o'clock today to see
what we have, because maybe that many people might not come. But I think at that point, you
can make a decision to continue, and I suggest that maybe six o'clock is a better time to allow
people that are working to be able to make it, and the Knight Center is being checked now to see
if we can have it over there.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Well, you're going to have it as just a single item.
Commissioner Gort: Mr. Mayor.
Vice Mayor Dawkins: What did you say now? I'm sorry, I didn't hear you.
Mr. Rodriguez: That I suggested that maybe we should wait until this afternoon at five to see
what happens, to see how many people, and then make a decision.
Mayor Clark: I wanted to warn you...
Vice Mayor Dawkins: And then if it's overflowing and it looks like we can't handle it, then the
Mayor should make the announcement that it's cancelled and reschedule Wednesday.
105 June 30, 1994
Mr. Rodriguez: Continued to six p.m., at that time.
Vice Mayor Dawkins: All right. I'll buy that.
Commissioner Plummer: Well, you know, Mr. Mayor, the Hyatt downtown makes sense,
because the problem that we're addressing is downtown.
Mayor Clark: Yes.
Commissioner De Yurre: Just for the record, Mr. Mayor, I'd like, if possible, I want to take care
of this today. I'd rather take care of it today.
Mayor Clark: Well, I'd like to. I'd like to, Victor. But you can't have people screaming and
hollering here, can't have no decorum. And we're going to have decorum, or there's going to be
no meeting, I'm telling you.
Commissioner Plummer: Good luck.
Commissioner Gort: Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Gort: I think up to now, you're proven your leadership, and I think you can do
that once more again today. We should put it for six o'clock, and everybody's been calling to
have it for six o'clock, rather than five, and people should be notified it's going to be heard at six
o'clock, and everybody...
Commissioner Plummer: Today?
Commissioner Gort: ... they can sign up. This is my understanding. They can sign up, and wait
outside, and have them come in and speak, and as soon as they speak, they can walk out.
Commissioner Plummer: It will never work.
Commissioner Gort: Well, we should try.
Mayor Clark: We'll try it. If we can do it...
Vice Mayor Dawkins: OK.
Commissioner Gort: ... because there's a lot of people...
Commissioner Plummer: Well, I have a problem starting at six o'clock. 1 have arrangements at
six o'clock.
Commissioner Gort: No, I'm sorry. We should start our regular...
Commissioner Plummer: At five.
Commissioner Gort: At five, our regular... That's the number one item. We got other items to
look at.
Commissioner Plummer: No, no, no. The agenda says we'll start back here at two -thirty this
afternoon.
106 June 30, 1994
Commissioner Gott: Oh, OK.
Commissioner De Yurre: Three o'clock.
Commissioner Plummer: Now, I plan on leaving this evening, and I've got a plane to catch
called blue Cadillac. Now, I've got a lot of driving to do tonight. So the more you put this off,
the longer you're going to delay it. I had inquired of the Mayor's office...
Mayor Clark: I didn't want to delay it. I didn't want to delay it, but the accommodations here
are just not perfect for something like this.
Vice Mayor Dawkins: Yeah. And all I have to say is...
Commissioner Plummer: Mr. Mayor, I have no opposition, whatsoever, with hearing it tonight,
but I don't want to delay it. That's all I'm saying.
Vice Mayor Dawkins: OK. We don't want to delay it, either, but in the event that it is delayed,
you have to move it to the 5th. I will not be here the 6th.
Mayor Clark: The 5th is all right with me.
Vice Mayor Dawkins: OK. I just wanted to let you know.
Commissioner Plummer: The 5th is a Tuesday. He said Wednesday.
Vice Mayor Dawkins: Tuesday, or anything... I leave Wednesday. I will not be here Tuesday.
I'll be here Monday, I'll be here Monday and Tuesday, not Wednesday.
Commissioner Gott: Wednesday, I won't be able to come.
Vice Mayor Dawkins: OK. All right, sir.
Commissioner Plummer: I won't be here Tuesday.
Mayor Clark: Well, if you're here tonight, and you want to get your head knocked in, OK, go
ahead.
Commissioner Plummer: I will be here Wednesday, but I won't be here Tuesday.
Commissioner De Yurre: I'm ready now.
Mayor Clark: You're ready to what? I can see...
Commissioner De Yurre: I got my gloves. I got my gloves.
Mayor Clark: Hey, it takes more than gloves.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12 NOON AND RECONVENED AT 3:06 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER GORT AND COMMISSIONER
DE YURRE FOUND TO BE PRESENT.
107 June 30, 1994
-------------------- --------------------------------------- -----------------------------------------------------
41. ESTABLISH $10,000 REWARD FROM CITY OF MIAMI FOR
INFORMATION LEADING TO ARREST AND CONVICTION OF
INDIVIDUALS WHO TERRORIZED POLICE OFFICER'S FAMILY (SAID
REWARD TO BE REVIEWED FOR POSSIBLE EXTENSION AFTER
OCTOBER 1, 1994).
Mayor Clark: Al, come on up and give us your information. Just before we start the Zoning
hearing, folks, I've got an announcement to make. Identify yourself for all these wonderful
people.
NOTE FOR THE RECORD: Commissioner Gort entered the
Commission Chambers at 3:07 p.m.
Mr. Al Cotera: Good afternoon, Mr. Mayor, fellow Commissioners. My name is Al Cotera,
president of the Fraternal Order of Police of Miami. As you all are aware, the family of one of
our police officers has been terrorized and victimized just recently. We are in the process of
trying to make an apprehension. We must send out the word to the criminal element that we will
not sit back and allow this to happen. Because of the actions that this Commission took this
morning, during lunch, I was able to meet with the Executive Board of the Fraternal Order of
Police, and we have pledged five thousand dollars as seed money to start off a reward for the
apprehension, capture and conviction of the people involved in this atrocious act. Thank you
very much, sir.
Mayor Clark: Thank you.
Vice Mayor Dawkins: Mr. Mayor, if we are sincere, and we up here feel as they feel, I'd like to
move that we also make ten thousand dollars available to make that fund fifteen thousand
dollars.
Commissioner Plummer: Second.
Mayor Clark: No objection, Madam Clerk.
Commissioner Plummer: Excuse me. We have to, according to the City Attorney, there has to
be a date certain, and I think that there's an amen date. I think that's October 1, and then we can
renew it after then, Mr. City Attorney? We had to do that before, so it's... by October 1.
Vice Mayor Dawkins: That's all right. Well, I move that we do that with the City's ten
thousand, but I don't move that we do anything with their five thousand. They run the five
thousand the way they want to. And our ten thousand is not contingent on what they do, and if
the people are not apprehended or what have you by October, come back and we'll renew it.
That's the motion.
Mayor Clark: All right. Very good. Thank you. Thank you, Lieutenant.
Mr. Cotera: Thank you very much, sir.
108 June 30, 1994
Mayor Clark: All right. We're now on Planning and Zoning items.
Ms. Matty Hirai (City Clerk): Mr. Mayor, a unanimous ballot vote cast, right?
Mayor Clark: Ma'am?
Ms. Hirai: We cast a unanimous ballot on that, on the motion?
Commissioner Gort: We have to vote on the motion.
Ms. Hirai: Unanimous ballot.
Mayor Clark: Call the roll.
Commissioner Plummer: Yeah, unanimous.
Ms. Hirai: Yeah. Unanimous ballot?
Mayor Clark: Without objection.
Ms. Hirai: Yes.
Mayor Clark: Thank you, ma'am.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-462
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
MAKE FUNDS AVAILABLE IN THE TOTAL AMOUNT OF $10,000 AS REWARD
FOR INFORMATION LEADING UP TO OR RESULTING IN THE ARREST AND
CONVICTION OF THE INDIVIDUALS WHO ILLEGALLY ENTERED THE HOME
OF A CITY OF MIAMI POLICE OFFICER AND TERRORIZED AND VICTIMIZED
THE POLICE OFFICER'S FAMILY ON JUNE 29, 1994; FURTHER STIPULATING
THAT SAID REWARD SHALL (1) REMAIN IN EFFECT THROUGH OCTOBER 1,
1994, (2) BE REVIEWED BY THE CITY COMMISSION AFTER OCTOBER 1,
19974, IF NECESSARY, AND (3) NOT BE APPLICABLE TO LAW ENFORCEMENT
OFFICERS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
109 June 30, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None
ABSENT: Commissioner Victor De Yurre
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 30th 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 3:09 p.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 Wifredo Gort
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Sergio Rodriguez, Assistant City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
E Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
Cesar Odio, City Manager
110 June 30, 1994
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42. DISCUSS AND CONTINUE (FOR FURTHER INFORMATION)
CONSIDERATION OF PROPOSED RESOLUTION REQUESTING A
SPECIAL EXCEPTION (ORDINANCE 11000, ARTICLE 9, SECTION 931 -
DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES;
REQUIREMENTS FOR RESERVOIR SPACES, ETC) AT 700 N.W. 54
STREET [ZONED C-1 RESTRICTED COMMERCIAL] TO ALLOW A
DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION AS TO
REQUIRED NUMBER OF PARKING SPACES. (Applicant: Robert G.
Brown.)
Mayor Clark: Item 1 is, Sergio?
Mr. Sergio Rodriguez: Right. Lourdes.
Ms. Lourdes Slazyk: Good eve...
Commissioner Plummer: Excuse me, if I may, Mr. Mayor, to try to short-circuit this. It was
Commissioner Dawkins who asked this to be deferred, and if he is satisfied, then I think we're
ready to vote.
Vice Mayor Dawkins: Which item?
Mayor Clark: It's on Checkers.
Mr. Rodriguez: PZ-1.
Ms. Slazyk: PZ-1.
Commissioner Plummer: On 54th Street and 7th Avenue.
Ms. Slazyk: This is the special exception to reduce the reservoir spaces at Checkers.
Vice Mayor Dawkins: Nobody's been to see me, I haven't seen anybody, nobody's talked to me.
Now, how do y'all... How you bring it back?
Commissioner Plummer: Move that it be deferred, that's how you do it.
Vice Mayor Dawkins: No, no, no. You see, this is what I'm talking about, OK? You don't live
out there. I live out there. On the corner of 54th Street and 7th Avenue, you've got a Burger
King on the northeast corner, you've got a Kentucky Fried Chicken on the southwest corner, and
now next to the Kentucky Fried Chicken, you want to put another quick food, and you want me
to allow you to have a drive -through to stack cars. But nobody's been to my office to tell me
what you're going to do or how you're going to do it. I move that this is deferred till they come
and see me.
Ms. Yolanda Cash Jackson: If I may....
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, Mr. Mayor.
Vice Mayor Dawkins: Yes, sir, go ahead, sir.
111 June 30, 1994
Mr. Maxwell: Mr. Vice Mayor, are you talking about the applicants speaking to you? Who are
you asking to speak to you? Staff or the applicants?
Commissioner Plummer: The Administration.
Mr. Maxwell: Or citizen groups?
Vice Mayor Dawkins: I'm talking about anybody, anybody who wants it passed.
Mr. Maxwell: They couldn't. They can't because of Jennings, sir.
Vice Mayor Dawkins: It's what, now?
Mayor Clark: The Jennings decision.
Mr. Maxwell: They're prohibited from approaching you, because of the Jennings rule.
Vice Mayor Dawkins: "They" who?
Mayor Clark: Anybody.
Mr. Maxwell: Anyone other than professional staff here.
Vice Mayor Dawkins: Well, when I said that they should come to see me, why didn't somebody
over there say, "They cannot come see you"7 And then I would not have deferred it, waiting for
them to come see me.
Mr. Maxwell: I can't speak for them, but it's possible...
Vice Mayor Dawkins: No, no, I mean somebody on staff, just like you're telling me now.
Mayor Clark: I think they misunderstood you, Mr. Dawkins.
Mr. Maxwell: Yeah, there's a possibility that they simply misunderstood who you meant by
"they."
Y•
`Dice Mayor Dawkins: Well, now, you're not misunderstanding me now. Why didn't you get a
clear understanding then?
Mr. Maxwell: I don't think...
Mayor Clark: All right. Now you have... Listen, let's don't belabor this thing.
Ms. Jackson: If I...
Mayor Clark: Yes, ma'am.
Ms. Jackson: I'm sorry, Mr. Mayor...
Mayor Clark: It's going to be deferred, so.
Ms. Jackson: We... If I may, Mr. Mayor, my name is Yolanda Cash Jackson, and I represent
Checkers, and have had a chance to speak with those business owners in the area. I am, too,
from the area, grew up in the area.
112 June 30, 1994
Vice Mayor Dawkins: No, ma'am, you used to live in the area.
Ms. Jackson: Used to live in the area.
Vice Mayor Dawkins: Thank you. Go ahead.
Ms. Jackson: My parents still do. I have talked with the business owners, and have some
business owners and economic development people in that area that are here today. We have
talked with them. Mr. and Mrs. Welles, they own the Afro Books and Things; Percy Brown, that
owns the business right next door, the Bonds Alliance, and they are in favor of the coin laundry,
right behind the proposed Checkers site. So we would really appreciate the Commission
considering this at this time.
Mayor Clark: Mr. Dawkins, what do you have to say?
Commissioner Gort: Commissioner.
Mayor Clark: Go ahead, Willy.
Commissioner Gort: Commissioner, my understanding, and this you can correct if it's wrong,
but one of the strategies of marketing is the more people you have doing advertising and
marketing for any specific place, the more people you will have to come and drive in, and that, if
it's in accordance with the guidelines and criteria that were set in the Zoning, this establishment
might be able to help the area, and to bring more people into the area. I don't know, that's
something you have to analyze.
Vice Mayor Dawkins: That would be true, Commissioner Gort, if I did not have people calling
my house constantly, after eleven o'clock, when the Burger King has a crowd in the parking lot,
and they're shooting; when across the streets, where the filling station used to be, that's... We
have had complaints from 7th Avenue and 55th Street to 12th Avenue about the crowds late at
night, at the fast food stores. It's not that I'm standing on my head saying this. You can go to
the Police Department, Commissioner Gort, and get the facts and figures of what I'm telling you.
And all I wanted was somebody to come and sit down and assure me that we will do all we can
to see that this doesn't happen, and if it comes to the point where extra security is needed, "I
promise you, I'll give you that," but they tell me they can't tell me, they can't promise me that.
Commissioner Gort: Commissioner, one of the things that we can do here is set conditions to it.
We can set conditions of closing hours. We can set conditions of what they have to do after they
close. It's up to you.
Vice Mayor Dawkins: But you see, only...
Commissioner Gort: We can attach all kinds of conditions to this application.
Vice Mayor Dawkins: But the only thing is, everybody else up here can ask for things and get
them, and I don't. Then I have to... Then when I come up here, you come telling me you can't
do this or you can't... But everybody else gets it.
Commissioner Plummer: All you got to do is make a motion.
Mayor Clark: You want to vote against it? You want to turn it down?
Vice Mayor Dawkins: You know, Mr. Mayor, we could do that, but if we shut it down, that's
probably twenty people that we're not putting to work. OK? There's about six or eight people
113 June 30, 1994
i
in the neighborhood who - laborers, who come from a labor hall - who will not go to work. But
all I'm asking is, y'all give me the same respect you give everybody else. Come see me.
Mayor Clark: Motion to defer.
Vice Mayor Dawkins: Just don't look at me.
Commissioner Plummer: Second.
Mayor Clark: Motion to defer. Motion to defer.
Commissioner Plummer: Second.
Mayor Clark: Madam Clerk, call the roll.
Ms. Matty Hirai (City Clerk): Commissioner Plummer.
Commissioner Plummer: Yes.
Ms. Hirai: Commissioner Gort.
Vice Mayor Dawkins: Before we defer, Mr. Mayor. Mrs. Cash.
Ms. Jackson: Yes.
4 Commissioner Gort: I don't think we should penalize them because of staff. We shouldn't
penalize those people because of staff.
Vice Mayor Dawkins: Well, let's fire the staff, then.
Mayor Clark: Let's move somewhere.
Vice Mayor Dawkins: OK. What will this do to the project, if we defer it another month?
Ms. Jackson: If it's deferred, then we have to go back. We've spent a lot of time, a lot of
money. I've personally spent a lot of time...
Vice Mayor Dawkins: That's why they're spending money, to make... No, no, no. They're
spending money to make money. Tell me, give me another excuse.
Ms. Jackson: Right. I've spent a lot of time.
Vice Mayor Dawkins: And they pay you for your time. Give me anther one.
Ms. Jackson: We are... We're just trying to move on with the project. If the deferral is because
there are some concerns that the Commission has, I would...
Vice Mayor Dawkins: All right. Go ahead with the roll call.
Mayor Clark: Roll call on deferral.
114 June 30, 1994
Ms. Hirai: Beginning roll call.
THEREUPON, ON MOTION DULY MADE BY MAYOR
CLARK AND SECONDED BY COMMISSIONER PLUMMER,
ITEM PZ-1 WAS CONTINUED 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
Vice Mayor Dawkins: Come see me, that's all I ask. You can't come see me.
Mr. Maxwell: No, staff.
Ms. Jackson: With all due respect, with all due respect, we cannot come and see... We were...
Vice Mayor Dawkins: OK. Staff, talk to staff, and I'll tell staff what I want, and staff will tell
you what I want.
Mayor Clark: OK.
Ms. Jackson: Thank you, sir.
Vice Mayor Dawkins: Is that permissible, Mr. City Attorney?
Mayor Clark: Yeah, that's right.
Ms. Jackson: Is that within Jennings? I don't think... We were told we couldn't do that.
Mayor Clark: Please, please. That's it.
Vice Mayor Dawkins: All right, we'll work it out with staff.
Ms. Jackson: All right. Thank you.
Vice Mayor Dawkins: OK. Thank you.
115 June 30, 1994
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43. APPROVE REQUEST FOR SPECIAL EXCEPTION TO REDUCE NUMBER
OF REQUIRED NUMBER OF PARKING SPACES AT DRIVE -THROUGH
FACILITY LOCATED AT 2 N.E. 79 STREET, ZONED C-1 RESTRICTED
COMMERCIAL. (Applicant(s): Chevron U.S.A., G.P. Thurmond, T.P.G. Taylor
Corp.)
Mayor Clark: What is PZ number 2, Sergio?
Ms. Lourdes Slazyk: PZ-2 is a special exception requiring City Commission approval to allow a
drive -through restaurant with a reduction of reservoir spaces at 2 Northeast 79th Street. The
Department recommendation is for approval with conditions, and the Zoning Board has
recommended approval. The project is designed for drive -through service only. They'll be able
to maintain quick turnaround times. The condition that the Department recommends is that the
lane right at the end of the drive -through on 79th Street be for egress only. There's a possible
conflict, vehicular conflict point there. And the Florida Department of Transportation, as well as
the Planning, Building and Zoning Department recommended that be egress only, and I believe
the applicant has agreed to that. They are here if there's any questions.
Commissioner Plummer: Are there any objectors? Are there any objectors?
Mayor Clark: Are there any objectors present on this item? What's the pleasure of this
Commission.
Commissioner Plummer: Mr. Dawkins, you want...
Vice Mayor Dawkins: Egress east or west on 79th Street?
Ms. Slazyk: They'll be going east, right turn only out.
Commissioner Plummer: Move it with a one year review.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
116 June 30, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-463
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 9, SECTION 931, DRIVE -THROUGH AND DRIVE-IN
ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2, REQUIREMENTS FOR
RESERVOIR SPACES, APPLYING GENERALLY, SUBSECTION 931.2(d), DRIVE -
THROUGH WINDOW FACILITIES FOR EATING AND DRINKING
ESTABLISHMENTS: EIGHT (8) SPACES BEFORE THE SERVICE WINDOW, ONE (1)
SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE
WINDOW; TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A
REDUCTION OF THE RESERVOIR SPACES AS FOLLOWS: EAST DRIVE -THROUGH
LANE, FIVE (5) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE
SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; WEST
DRIVE -THROUGH LANE, THREE (3) SPACES BEFORE THE SERVICE WINDOW,
ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE
SERVICE WINDOW, FOR THE PROPERTY LOCATED AT 2 NORTHEAST 79TH
STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED ON "EXHIBIT A"
ATTACHED HERETO AND MADE A PART OF HEREOF), ZONED C-1 RESTRICTED
COMMERCIAL, PER PLANS ON FILE, SUBJECT TO THE REQUIREMENT THAT THE
NORTHEAST 79TH STREET ACCESS SHALL BE FOR EGRESS ONLY, AND
FURTHER, SUBJECT TO (1) A TIME LIMITATION OF TWELVE (2) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED, AND (2) A REVIEW BY THE
CITY COMMISSION ONE YEAR FROM THE DATE OF ISSUANCE OF THE
CERTIFICATION OF OCCUPANCY.
(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
Commissioner Plummer: Madam counsel, would you like to go on the record so you can get
paid?
Ms. Vicky Leiva: Vicky Leiva, from the law office of Eckert, Seaman, 701 Brickell Avenue.
Thank you.
Commissioner Plummer: You did a good job.
Ms. Leiva: Thank you.
117 June 30, 1994
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44. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AMEND R-80-334, REGARDING LA SANTA MARIA
RESIDENTIAL PROJECT (1643 BRICKELL AVENUE), SEEKING A
MODIFICATION OF THE WATERFRONT CHARTER AMENDMENT TO
WAIVE PRESENT CITY CHARTER WATERFRONT SETBACK AND
SIDEBACK REQUIREMENT PROVISIONS. (Applicant(s): SM Brickell
Limited Partnership.) (See label 47)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. PZ-3.
Mr. Joe McManus: Mr. Mayor and members of the Commission, Joe McManus, Deputy
Director, Planning, Building and Zoning Department. This item was continued from your last
Planning and Zoning Board meeting. This is a requested modification to the Waterfront Charter
Amendment. I believe you heard our presentation at that point. The direction that you gave at
the continuance was that all the parties present their proposed demands and conditions, and put
them on the record, and that they be entered into the record. We have not been able to obtain
those demands or conditions from the opposing parties.
Mayor Clark: All right. Mr. Traurig, I think you made you presentation.
Mr. Robert H. Traurig: Yes, sir.
Mayor Clark: And we had some discussion from the opposition. Mr. Korge, you got something
to add?
Mr. Chris Korge: Well, good afternoon, Mr. Mayor and members of the Commission. I'm here
on behalf of the Imperial Condominium Association. I have here today Mr. Gentry, the
president of it. We have very good news for the Commission. We believe that we have reached
settlement with the Santa Maria Project. There are certain conditions that will be put into the
record by Mr. Traurig, as it relates to the waiver of the setback requirements, Charter setback
requirements. And what we are in the process of doing is finalizing certain settlement - excuse
me - documents which at that point, when they are executed by all the parties, we will then
dismiss our appeal on the class two permit. So we're in the process of preparing all the - in
writing - what we've agreed to in concept orally. Mr. Traurig, I think that he would... There are
things that he'd like to probably put into the record, or I will, as it relates to this particular
resolution. We'd ask that the things that are going to be enumerated by Mr. Traurig be placed as
conditions in the resolution for the granting of the waiver today.
Mayor Clark: Mr. Traurig,
Mr. Traurig: I think Mr. Korge has, for the most part, correctly stated the situation. But we do
have two distinct issues. One is the issue that's before you today, which was our request for a
waiver of the Charter front water... the Charter Waterfront setback provision. The other is their
appeal of the issuance of the class two permit, which your staff has already issued. We have
reached an understanding with them, with regard to these various issues. There is another
hearing that will be held by your Zoning Board on the 18th, I believe, of July, prior to which, I
think that that appeal will probably be withdrawn by the appellants. But in order to give them
some comfort, we are prepared to put into the record today the conditions under which the
mansion can be used - we're talking about the Santa Maria Mansion - with the understanding,
however, on our part that in the event that settlement negotiation has not resulted in a withdrawal
118 June 30, 1994
of their appeal, we don't want to be saddled with these conditions, because they can be imposed
as a part of the class two approval, rather than today. But I want them to have the comfort of
knowing that these are the things that we have agreed to, and the public record should reflect. So
I would like the record to reflect the following: That the mansion is the building at 1643 Brickell
Avenue, and it may be utilized only by the residents and owners of the condominium units at the
Santa Maria and their guests. Two is that the mansion may not be utilized or opened except for
normal, everyday use, which I'll hereinafter define, or special events, and three parties hosted by
the developer, which will be during the period just preceding the finishing of the building, or
within the year following the finishing of the building. Normal and everyday use of the mansion
for the various events shall be strictly limited to library and reading room purposes, a museum
with artifacts, television room, billiard room, and card room. And that's what we define as
normal, everyday use. We can use the mansion for that type of everyday use, plus four special
events which we will describe in a minute, in any given calendar year, and also the three
developer host parties. During the normal, everyday use... I see that Mr. Rodriguez is trying to
take some notes here, but we'll give him our copy. For the normal, everyday use, the mansion
would be open nor earlier than eight o'clock in the morning, and closed no later than ten o'clock
at night, and there would be no food and/or alcoholic beverages permitted in the mansion for the
normal, everyday use. Also, there will be no catering. In addition to the mansion being so
restricted and so limited, there is a certain area surrounding the mansion from Brickell Avenue to
the mansion, including the driveway area in which there would be no outside tables, no bars, no
parties, no music activities, or places of congregation, it being our intention - I think the record
ought to reflect this - that we want to prevent, we want to abate the noise that may affect the
peace and quiet of the people at the Imperial. The special events would be permitted four times
per calendar year, and we have to give three days written notice before a special event. The
special event would begin no earlier than eight o'clock in the morning, and end at midnight, at
which time the doors would be locked, and everybody vacate except the service personnel who
are cleaning up. Each special event shall be limited to a maximum of seventy-five owners,
residents and their guests, plus the necessary service people, and during those special events, the
grounds that I described before, surrounding the mansion, would not be used for any of those
noise -generating activities, which would include the outdoor table use of the bars, parties, music
activities or places of congregation. And in addition, there would be a security guard
maintained, employed or assigned to the mansion area at least an hour before the beginning of
the event and until all of the guests and the condo unit owners have vacated the area of the
mansion or the outside area. But during these special events, unlike the normal, everyday use,
food and beverage is permitted and can be served, including catering services. In addition, there
are three events that Mr. Colombo and SM Brickell, Limited, would be permitted to host within
the twelve months immediately prior to the certificate of occupancy, or within the twelve months
of the issuance of the certificate of occupancy. Those events could start in the morning, and
have to end by one -thirty the following morning. It's only those three events in the history of the
project where they could operate later than twelve o'clock at night, and they could have food,
beverage, catering and so forth without any limitation. So to give...
Mayor Clark: All right. You agree with those?
Mr. Traurig: To give comfort. Yes, sir, Mr. Dawkins.
Vice Mayor Dawkins: No. Mr. Mayor and fellow Commissioners, I think it's unfair to give this
to staff and in five minutes read it, and then expect them to give me an intelligent interpretation
of it. I think that's unfair.
Mr. Traurig: Mr. Vice Mayor, let me answer it this way. The staff has already imposed
conditions.
Vice Mayor Dawkins: No, wait a minute. Wait a minute, wait a minute. No, sir. Wait a minute
now. Wait. They pay you, and I will listen to you, but give me a chance, Mr. Traurig, to get my
119 June 30, 1994
0AS
answer from the people I pay, and then I'll hear you. I don't have a problem with it. But these
people over here have got to tell me something, if it's wrong.
Mayor Clark: Mr. Rodriguez, do you have a response?
Mr. Sergio Rodriguez (Assistant City Manager): I have been trying to follow Mr. Traurig, but I
just got this information now, and for...
Mayor Clark: What do you suggest?
Mr. Rodriguez: One of the items he was mentioning now, I'm trying to follow, at one -thirty in
the morning, and I can't find that over here. So, frankly, I have a hard time in following this
exactly.
Vice Mayor Dawkins: Hey, we don't pay you, either. Leave him alone, please. Thank you. Go
ahead, Mr. Rodriguez.
Mr. Rodriguez: So, you know, I cannot tell you with security, with total assurance that
everything that they are saying is here, so I cannot give you that now. If you want to give us a
time to review it, we can do that, and we can give you an answer later on.
Mayor Clark: Have a seat for a minute, Bob.
Vice Mayor Dawkins: Go ahead, now. Go ahead, Mr. Traurig.
Mayor Clark: You want to relax a bit and let him read over that...
Mr. Traurig: Mr. Vice Mayor, may I add something, please?
Mayor Clark: Yes.
Vice Mayor Dawkins: Yes, sir.
Mr. Traurig: The City has already imposed certain conditions. We're saying that in addition to
the City's conditions, we want to impose additional conditions to satisfy the people at the
Imperial. And just so that you understand about the one -thirty, Mr. Rodriguez, it originally said
twelve, but as the result of some discussions in the anteroom, we have changed that to one -thirty.
Mr. Rodriguez: But, you see, I don't have that.
Vice Mayor Dawkins: OK. The only problem I have with that, I mean, I hear you and I know
that, but the one-third or whatever you're saying or is in addition to what you already promised,
may, in some way, undercut what they said. So I would have to have my... the City Attorney
say, you know, what Mr. Traurig says is correct and what have you. But if... And that's all.
Mr. Traurig: We're very happy to have them do that.
Mayor Clark: All right. Mr. Rodriguez, can you...
Mr. Rodriguez: If possible, I would like to see that we can, the staff can review this, and before
the end of the meeting today, we give you an answer.
Mayor Clark: All right.
120 June 30, 1994
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Vice Mayor Dawkins: Mr. Mayor, before the last... Before item 7, when we get on the rest,
we'll give you an answer, Mr. Traurig.
Mr. Traurig: Thank you.
Mayor Clark: All right.
Commissioner Gort: I want to ask a question here. From what I read or I've heard here, what
it's telling, the only condition the use has to this is that you're restricting the use of the house.
Am I correct?
Mr. Rodriguez: Right, most... Yeah. Mostly, the things they are discussing is restriction of the
use of the mansion, yeah.
Commissioner Gort: OK. Thank you.
Mr. Rodriguez: Which is one of the things that we were doing in the conditions that we were
imposing, except the hours that they are showing now are different than the ones that we
proposed originally.
(AT THIS POINT, ITEM PZ-3 WAS TABLED.)
----------------------------------------------------------------------------------------------------------------
45. DISCUSS AND CONTINUE (TO JULY 26TH MEETING) CONSIDERATION
OF PROPOSED RESOLUTION CONCERNING APPEAL OF ZONING
BOARD'S GRANTING OF VARIANCES TO PERMIT YARD SETBACK OF
1.84' AND ROOF OVERHANG PLUS PERMANENT STRUCTURAL
PROJECTIONS FROM BUILDINGS FOR AN EXISTING ROOFED
TERRACE, FOR A LEGAL NONCONFORMING DUPLEX RESIDENCE
LOCATED AT 1618-1620 S.W. 18 STREET, ZONED R-1 SINGLE FAMILY
RESIDENTIAL. (Applicant(s): Carlos M., Mercedes & Maria A. Calvo.
Appellant(s): O. & D. Abad & H. Rodriguez.)
Mayor Clark: All right, next item. 5-A and 5-13 have been deferred.
Mr. Sergio Rodriguez (Assistant City Manager): You have PZ-4.
Mayor Clark: Sir?
Vice Mayor Dawkins: PZ-4.
Mr. Rodriguez. PZ-4 first.
Mayor Clark: All right. Move on it.
Ms. Lourdes Slazyk: PZ-4 is an appeal of a variance that was approved by the Zoning Board by
a vote of five to three at 1618 and 1620 Southwest 18th Street. The Planning, Building and
Zoning recommendation is for denial. The variance is to reduce the setback area and the roof
overhang area of an addition that was done to a legal nonconforming duplex in a single-family
neighborhood. There...
121 June 30, 1994
Mayor Clark: Yes, ma'am. All right.
Ms. Slazyk: There is no hardship, so the recommendation of the Department is denial.
Mayor Clark: Let me hear from the objectors. That would be the appellants. They're appealing
this decision. Yes, ma'am. Your name for the record. All right, you go first.
Mr. Rodriguez: The appellant.
Mayor Clark: She goes first. She's appealing the decision. The appellant goes first.
Mr. Rodriguez: She's the appellant.
Mayor Clark: You're the appellant? All right, go ahead.
Ms. Marlene Abad: OK. Good afternoon, Mayor Clark and all the Commissioners. Before we
begin, we would like you to know that...
Commissioner Plummer: Your name. Your name and mailing address, and then everybody has
to be sworn in.
Ms. Abad: My name is Marlene Abad, 1612 Southwest 18th Street, Miami, Florida, 33145.
Mayor Clark: Just a moment. Everyone that's going to testify in these Zoning hearings will
please rise and be sworn. Raise your right hand and be sworn by the Clerk.
Ms. Matty Hirai (City Clerk): Yes. Would you kindly rise.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: OK. All right. Now continue.
Ms. Abad: OK. Before we begin, we would like the... We are the next door neighbor of the
individual that has built the illegal roof and construction, and we have brought our neighbors
here again with us. And we would like the Commissioner to know that Mrs. Calvo has verbally
threatened us and the neighbors, stating that she personally has a relationship with Mr. De Yurre
and Mr. Odio, to the point that they, themselves, would allow her to continue her illegal
construction, which is an infraction and violation of Zoning codes. And for that particular
reason, and to make the voting fair, before we begin, we would ask that Mr. De Yurre and Mr.
Odio should abstain or recuse themselves from the voting process in this particular case.
Mayor Clark: Mr. Odio does not vote. And Mr. De Yurre, you heard the accusation.
Commissioner Plummer: Well, Mr. Mayor, I... Mr. Mayor, I think that for the record, let's get it
straight. I think that this party should be asked did she make those comments.
Mr. Carlos Maradiaga: OK. I think Ms. Abad...
Mayor Clark: Give us your name.
Mr. Maradiaga: Yeah. My name is Carlos Maradiaga.
122 June 30, 1994
Commissioner Plummer: Sir, she didn't say that you made the statements. She said that the lady
made the statements, and I think, on the record, we need to ask the lady did she make those
statements. She's under oath. She can go to jail for perjury if she lies, and I think we need to
ask her, under oath, did she make those statements.
Mayor Clark: Jail is full, so don't worry about it.
Commissioner Plummer: Huh?
Mayor Clark: Jail is full. Did you make that statement, ma'am?
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.]
Ms. Mercedes Calvo: YOU PUEDO HABLAR EN ESPANOL?
Vice Mayor Dawkins: No, but we got interpreters. Go ahead.
Ms. Calvo: Interpreter?
Vice Mayor Dawkins: Mm-hmm. No. You'll interpret it.
Mr. Rodriguez: If you go slowly.
Ms. Calvo: YO NO PUEDO DECIR ESO PORQUE AL SENOR ODIO NO LO CONOZCO,
SE QUE ES EL MANAGER DE NUESTRA CIUDAD. Y EL DOCTOR VICTOR DE YURRE,
QUE FUE MI ABOGADO HACE DIEZ ANDS, DIEZ ANDS, EXACTAMENTE, CUANDO
COMPRE EL CONDOMINIUM EN LA PLAYA, HOY ES EL PRIMER DIA QUE LO
VENGO A VER. NO VOY A NEGAR QUE YO HE VOTADO POR EL DOCTOR VICTOR
DE YURRE, PORQUE ESO NADIE... HOY LO PUEDO, DECIR, EL VOTO ES UNA COSA
MUY PRIVADA, PERO NO TENGO POR QUE NEGARLO. AHORA, EL DOCTOR
VICTOR DE YURRE NO ES QUIEN CONSTRUYE NI DESTRUYE A ESTA CIUDAD. POR
LO TANTO, COMO YO VOY A PODER DECIR QUE YO PUEDO RACER EN ESTA
CIUDAD LO QUE QUIERO CUANDO SOY UNA CIUDADANA EXACTAMENTE IQUAL
QUE TODOS LOS QUE ESTAN AQUI?
TRANSLATION: I cannot say that, because I don't know Mr. Odio. I know he's the Manager
of the City. And Dr. Victor De Yurre, who was my lawyer ten years ago, knows exactly when I
bought my condominium at the Beach. This is the first time that I see him. I am not going to
deny that I have voted for Dr. Victor De Yurre. I can say the vote is a private thing, but I don't
have any reason why I should deny it. Dr. Victor De Yurre doesn't build or destroy this City.
How can I say that I can do whatever I want, when I'm only just one more citizen, like
everybody else here?
Commissioner Plummer: The question could have been a simple yes or no answer. Did she
make the statements, or didn't she make the statements?
Vice Mayor Dawkins: But what I don't... Wait a minute. Can I piggyback?
Commissioner Plummer: Sure.
123 June 30, 1994
Vice Mayor Dawkins: This lady made the statement in perfect English. She doesn't understand,
and she replies to all of that English in Spanish.
Mayor Clark: Well, the gentleman has to ask her, tell her what the question was in Spanish.
Vice Mayor Dawkins: In that short span of, space of time?
Mayor Clark: OK.
Vice Mayor Dawkins: OK. Go right ahead.
Mayor Clark: All right. She denies it. All right. Go ahead. What else you have?
Ms. Abad: OK. Well, she denies it, but we have neighbors here to prove it. But if that's going
to be deleted, then we will continue with what we came in for.
Mayor Clark: You have a hearing here that's been recommended by the Zoning Board; is that
right?
Ms. Abad: Yes, sir.
Mayor Clark: And you're here appealing that decision. Stay with that decision.
Ms. Abad: Exactly.
Mayor Clark: Let's stay with the land use, not with the accusations.
Ms. Abad: OK. Well, the reason why we're here is because the illegal roof has been... The
illegal roof and beams are exactly on our home, and we have pictures here as to the violations of
it, and how close it is to our home. We have brought in neighbors to indicate that this particular
situation is hazardous and can be very dangerous for the safety of us, because it's right next to
our home. It was built without our consent. It violated the rules of the zoning. They had the
variance...
Mayor Clark: Do you have some pictures there?
Ms. Abad: Yes, sir. •
Mayor Clark: Would you pass those up here, please.
Ms. Abad: In addition, Mrs. Calvo claims that she is not familiar with any rules regarding who
builds what, and I have a deed here where she is an owner of a condominium on Miami Beach,
and owns six apartment buildings, which she's very familiar with the rules of the City of Miami.
Mayor Clark: All right. Fine. Anyone else want to add something to what she said? Let me ask
one question before you start. Mr. Rodriguez, is this house next door on the line also?
Mr. Rodriguez: The...
Mayor Clark: The way it looks like, they're both touching each other.
Mr. Rodriguez: Well, I believe that... Let me ask that from the staff.
124 June 30, 1994
Mayor Clark: The kettle calling the pot black.
Ms. Slazyk: We would have to see if the house nex': door has acquired a variance.
Mayor Clark: Ma'am, there's a picture right there. The two roofs are touching each other.
Ms. Slazyk: Yeah.
Mr. Rodriguez: No. It looks like it is, but we don't know whether they have any previous, you
know, legal approval of this.
Ms. Slazyk: Right. We would have to look at the legal description of the property next door,
and do a search to see if it is legally grandfathered that way, or if they've obtained a variance in
the past.
Mayor Clark: That can't be legally grandfathered. You know what? The Zoning Ordinance
goes back to 1936 in this City. Grandfather...
Ms. Slazyk: Right. They may have obtained a variance in the past.
Mayor Clark: Well, if they may have obtained one, this lady is asking for the same thing.
Commissioner Plummer: May I inquire?
Mr. Rodriguez: Let me ask one second, the...
Commissioner Plummer: Is the house in the back that the Mayor's referring to this lady's
house?
Ms. Abad: Yes. It's right next to it. She is supposed to be...
Commissioner Plummer: So is your... The question we're trying to make a determination, is
your roof also on the property line?
Ms. Abad: Her roof is on our property line.
Commissioner Plummer: Is your roof on the...
Ms. Abad: No.
Commissioner Plummer: Is the house to the rear on the property line?
Ms. Abad: No.
Commissioner Plummer: Is your house the one directly behind...
Ms. Abad: No. It's five feet within the boundaries.
Commissioner Plummer: I'm sorry?
Ms. Abad: It's five feet from the required.
Mayor Clark: Well, it looks like it's right next to it in that picture. I don't know whether that's
your picture or not.
125 June 30, 1994
Ms. Abad: Right.
Mr. Rodriguez: Let... You know, if... Let me ask, let me get the...
Commissioner Plummer: It looks like a carport that was enclosed.
Mr. Rodriguez: Mr. Mayor, as to your question, let me get the NET (Neighborhood
Enhancement Team) Administrator, Maggie Genoa, or the Zoning Inspector to try to answer that
question, if you want to.
Mayor Clark: Let me... Let's defer this and go out and look at the other house next door that's
complaining. All right? You understand?
Mr. Rodriguez: Mm-hmm.
Mayor Clark: It looks as if this is right next to the roof. I know you can step from roof to roof.
It looks about two feet apart, doesn't it?
Commissioner Plummer: All right. If we're going to defer it, let's do it now.
Mayor Clark: All right. Motion to defer.
Vice Mayor Dawkins: Second.
Mayor Clark: Till the next meeting. You'll have an inspector out by that time, Mr. Rodriguez?
Mr. Rodriguez: Yes, sir, we will get the inspector...
Commissioner Plummer: That will be on the 26th.
Mr. Rodriguez: ... NET inspector to do it, on July 26th.
Commissioner Plummer: Yeah. Has to be a date certain.
Mayor Clark: All right. July the 26th, you come back and see us at that time.
Commissioner Plummer: You need to tell her in Spanish, I think.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
Mr. Rodriguez: VA A SER CONTINUADA PARA EL 26 DE JULIO LA DISCUSION DE
ESTE CASO. ASI QUE VENGA EL 26 DE JULIO.
Commissioner Plummer: MAS O MENOS.
Mr. Rodriguez: We don't know the time yet.
126 June 30, 1994
Mayor Clark: You hang loose.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR DAWKINS, ITEM PZ-4 WAS CONTINUED TO JULY
26, 1994 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: Is 5-A deferred?
Ms. Abad: Thank you.
Mr. Joel Maxwell (Assistant City Attorney): Yes.
Mr. Rodriguez: 5-A is deferred, and 5-13 also is deferred.
----------------------------------------------------------------------------------------------------------------
46. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL SPECIAL EXCEPTION GRANTED BY ZONING
BOARD TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH
ADDITIONAL 2,500 SQUARE FEET OF LOT AREA FOR A LOT SIZE OF
7,887 SQUARE FEET LOCATED AT 630-632 S.W. 19 ROAD; UNTIL
APPLICANT CAN BE PRESENT AT THE HEARING TO ANSWER
QUESTIONS IN CONNECTION WITH HIS APPEAL. (Applcant(s): Miriam
D. Miles. Appellant(s): Jose M. Pineda.)
----------------------------------------------------------------------------------------------------------------
iMayor Clark: All right. We're now on item number 6. OK. On the 26th of...
Commissioner Plummer: July.
1 Mayor Clark: 26th of July.
Ms. Lourdes Slazyk: PZ-6 is an appeal of a special exception which was granted by the Zoning
Board for the approval of an additional dwelling unit on an oversized duplex lot. There is a
provision in the ordinance that when a lot is over five thousand square feet, for each additional
twenty-five hundred square feet, you can put an additional unit on the R-2 by special exception.
The Zoning Board granted this, and the Planning, Building and Zoning recommendation is for
approval, with conditions that the new duplex unit... Basically, there's a duplex on the lot right
now. They're keeping one of the units. The other one had a fire. They want to demolish it and
put two new units in its place. We want to make sure that the landscaping of the two new units
j matches the quality of the landscape of the existing unit. So we're recommending approval with
the condition that a landscape plan be submitted for review and approval by Planning, prior to
127 June 30, 1994
issuance of any building permits.
Commissioner Plummer: Question.
Mayor Clark: Yes, sir.
Commissioner Plummer: If, in fact, this is legal, within the purview of the Zoning Code
presently, why is it before us?
Ms. Slazyk: It's a special exception to do it, because it's an R-2 lot.
Commissioner Plummer: You have to have a special exception?
Ms. Slazyk: Yes, sir.
Commissioner Plummer: OK.
Mayor Clark: All right. Who are the appellants?
Ms. Slazyk: And this is an appeal by the neighbors. The Zoning Board granted this already.
The neighbors are appealing.
Commissioner Plummer: But what you are, in effect, you are saying is that it legally conforms
to all of the requirements.
Ms. Slazyk: Yes. It does not need any other variances or anything.
Mayor Clark: All right. Let's hear from the appellants. Give us your name and address for the
record.
Vice Mayor Dawkins: OK. Thank you.
Mayor Clark: For the record, this is the Roads Section. All right. For the record, give us your
name.
Mr. Jose Pineda: Good afternoon. My name is Jose Pineda. I live at 6701 Southwest 24...
Mayor Clark: Have you been sworn in? Have you been sworn in?
Commissioner Plummer: Nobody has.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Clark: Yeah, I think they have.
Ms. Matty Hirai (City Clerk): Yes. All of those who are going to testify, if you would rise your
j right hand, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
j Mr. Maxwell: Mr. Mayor.
128 June 30, 1994
N
Mayor Clark: Yes, sir.
Mr. Maxwell: Excuse me, Mr. Mayor. Just for the record, could I inquire? Of the information
that was just passed to the Commission, could the record reflect that this information is either
already in the record, or that the opponents, the applicant - the appellee - has been given an
opportunity to review that information, too? I think there's something in writing attached.
Mayor Clark: These are the appellants right here.
Mr. Maxwell: The appellee. Have they also been given a copy?
Mayor Clark: All right. Proceed, Mr. Pineda.
Mr. Pineda: Yes. I was here about a month or a month and a half ago in regard of this thing
here, and these people that request to build an extra addition in there, is right behind my house.
They allowed to build two, let them build two, but not build three. What should they build three
for? There's no place to build three units. They're allowed to build two, it's fine. Not three.
There's no.. That's in the Roads Section. That's not 11th Street.
Commissioner Plummer: Well, the problem, simply, sir, is that they are, by law, allowed to do
it. That's the problem.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.)
Commissioner Plummer: Yeah, I understand, with a special exception.
Mr. Pineda: Well, if they allowed to build, then fine.
Mayor Clark: No. They're allowed to do it if they get the...
Mr. Pineda: But if they don't allow to build, don't build it.
Mayor Clark: They're allowed to do it if they get the permission of the Commission. That's
what they're allowed to do.
Commissioner Plummer: That's correct.
Mayor Clark: Yeah.
Mr. Pineda: Well, that's what we're here for, to protest about.
Mayor Clark: All right. Thank you, Mr. Pineda.
Mr. Pineda: Thank you.
Mayor Clark: Next item - next person.
Mr. Joe Wilkins: My name is Joe Wilkins, 228 Southwest 23rd Road. I am the director - I'm
not the president - of the Miami Roads Neighborhood Civic Association. Our president and
president elect couldn't be here today. As part of your package, you have a letter from our
president basically stating our position. It's a position we've been here with many times in the
past. What makes the Roads neighborhood attractive, valuable and desirable is the open spaces
and the uncrowded ambience. This additional construction threatens that. We have a petition.
We went door to door within the circle on our side of 11th Street, because that is what we
129 June 30, 1994
consider the Roads neighborhood. You have... The material I just distributed shows you copies
of the petition. The original was submitted to the City Clerk. The colors red on the map in front
show the people that signed the petition opposing the variance. The ones that are left empty,
basically, about half of which were people that are on vacation or weren't home. There were
two or three people that did not want to be involved for some sort of political reason, and one or
two... and nobody that really spoke in favor of it. The people that we... that were home, that
were there, that we did talk to, it was virtually unanimous. We like our open spaces, we like our
houses uncrowded. Duplex is legal and bad enough. Three units to a lot. If you look at that
corner, it's already a very crowded corner, and we have some of the immediate neighbors here to
describe why we're opposed. Thank you.
Mayor Clark: Thank you, sir. Yes, sir. In opposition?
Mr. Rolando Atasiano: Yes, sir.
Mayor Clark: Give us your name for the record.
Mr. Atasiano: My name is Rolando Atasiano, 730 Southwest 20th Road. I am close to the...
within the 375. I think what they did over there in that property, actually, it was two lots, and
they made four houses in two lots. And all the neighbors over there, when we get the house and
buy the house over there, we bought a single-family house. And we seen that the neighborhood
is getting worse every time, because they put more and more in one lot. As I do this, I think it's
the... The neighborhood is going. Something is wrong over there. When the people build the
two houses in the back... See, the two lots, they put two houses in the back, between home.
Mayor Clark: Does this property make up two lots, Sergio?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: No. I said not R-2. Are there two lots involved here?
Mr. Atasiano: Yes.
Mr. Rodriguez: It's one... Two lots were resurfaced - refrontage. You know, the front of the
lots were changed and in reality, it's just one lot only, what we're dealing with. And the lot has
more than seventy-five hundred feet.
Mr. Atasiano: Yeah, but let me explain to you something. Originally, it was two lots. Look at
the map.
Mayor Clark: That shows two lots.
Mr. Atasiano: OK.
Mr. Rodriguez: There were two lots facing Southwest 19th Road, and they were refaced.
Mr. Atasiano: Who did that? That's what I don't know, because that was not according to the
neighborhood.
Mr. Rodriguez: Mm-hmm. And if you look at the Zoning map on page three, you will see there
are two different lots, perpendicular to the way they were before.
Mr. Atasiano: OK. Let me explain to you something, if I can. All the lots in that neighborhood
is at fifty feet, fifty foot wide, and deep, a hundred and thirty-five. What they did over there,
130 June 30, 1994
they cut the lot in half, make a twin home, which was illegal. Twin home, no single-family
home. They make a twin home. And then in the front, they took the house, they build
something on the top of the garage, and they make two more there. So actually, they made four
in two lots. I don't know who ordered that. And I understand that the owner has to be
something in the political or not. I think it's... Can I name the owner of the property was? I
think it was Miriam Alonso, the owner of the property. And I don't know how they manage to
get two lots. I went to the City one time asking if I can put a twin - I mean a duplex in my
house... turned down to put a duplex. They said no, that's a single-family home, you can do
nothing.
Commissioner Gort: Just a minute. Let me ask you a question. Staff, was that replatted or...
Because we need to answer that question.
Mr. Atasiano: Yeah, because nobody answers the question with the buildings. That's
completely illegal, what they done in that neighborhood, I'm telling you. Because if our lot...
Mr. Jim Kay: Prior to the establishment of the subdivision regulations, property owners could
reface lots without replatting, but they can no longer do that. If this occurred prior to that time,
1983, then it was very likely a legal construction.
Mayor Clark: OK. All right. Let's continue. Let's hear... Thank you, sir.
Mr. Atasiano: It was legal or illegal? I want to know an answer.
Mayor Clark: Apparently, he said it was OK to do that at that time.
Mr. Atasiano: Well...
Commissioner Gort: Staff said it was all right to do prior to 1983.
Mayor Clark: All right. Let's have another...
Commissioner Plummer: Well, my question is, is this... Because we're showing here a
crosshatched on two lots, which usually indicates that's the lots in question. Now, are the
building or the special exception being asked for on one lot only, or on two lots?
Unidentified Speaker: One.
Mr. Atasiano: Can I ask something?
Commissioner Plummer: You're saying one, she's saying two, and I'm mixed up.
Mr. Atasiano: I can say that is two lots, but cut in half.
Mr. Rodriguez: We're getting the survey right now.
Commissioner Plummer: Wait a minute. If you have two lots and you cut them in half, it's one
and one.
Mr. Atasiano: Right. Right. They cut in half, because all the lots in that neighborhood is a
hundred and thirty feet long. I don't know how...
Commissioner Plummer: Something here is not making two and two.
131 June 30, 1994
Mr. Rodriguez: OK. We're going to get that on the record. One second.
Commissioner Gort: Let me see... Let me see if I can make a little sense. My understanding...
Mr. Rodriguez: What it is, is...
Commissioner Gort: Wait a minute. Let me see. That's R-2, and we can see the R-2 drawn in
there...
Mr. Rodriguez: Right.
Commissioner Gort: Before, the two lots were both R-2.
Mr. Rodriguez: Right.
Commissioner Gort: Am I correct? In other words, before, if they complied and if the had two
lots, they can build four houses, two duplexes. Am I correct?
Mr. Juan Gonzalez: That is correct.
Commissioner Gort: What they have done, sir, is two lots in R-2, each lot, you can build a
duplex in each lot.
Mr. Rodriguez: Right.
Mr. Gonzalea: That is correct.
Commissioner Gort: Now, what I'm understanding in this application, what I'm hearing is those
two lots are being converted into one lot, and they're asking for a duplex and an additional,
instead of two duplexes. Am I correct?
Mr. Rodriguez: They will be asking... Right. They will have a triplex.
Commissioner Gort: Sure, it's right there.
Commissioner Plummer: Well, but wait a minute. But is that triplex proposed to be on a single
lot, which would allow the other lot to be used for two more?
Mr. Rodriguez: Right.
Commissioner Plummer: So in other words, they would have five units instead of four?
Unidentified Speaker: Right, right.
Mr. Rodriguez: They could have...
Commissioner Plummer: Wait, wait, please, please. I pay this man an awful lot of money to
advise me; too much money, but that's beside the point.
Mr. Atasiano: Yeah, we pay a lot of money over there.
Mr. Rodriguez: Let me get Juan, Mr. Gonzalez, which is the Zoning Administrator, to give to
you...
132 June 30, 1994
Mr. Gonzalez: Yeah. Commissioner, Juan Gonzalez, acting Zoning Administrator, Planning,
Building and Zoning. What it is, basically, the short answer is there are... One lot... There were
originally two lots. They were refaced, and now, they're building on one lot. It's a duplex,
which it was always allowed, and it still is allowed, and it's R-2. Now, they're coming in for
that third unit under that provision in one area twenty-five hundred square feet, because you're
seventy... at least seventy-five hundred square feet. The answer is, on the separate lot, which is a
different lot, there's two units. They, too, whoever the owners are, if they have seventy-five
hundred square feet, they can also come in, by special exception, for that third unit. But there's
going to be two separate lots, two units on each lot, and this is a request of a third unit on one of
those lots.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Gonzalez: Which is correct. It will be five units on two different lots, which is fine, under
our Zoning Ordinance, because we allow currently two and two...
Mayor Clark: Noway. Noway.
Mr. Gonzalez: ... and we allow them to get the third one on each lot, if there's seventy-five
hundred square feet or more.
Mayor Clark: Then they go back and get five units there.
Commissioner Plummer: Well, but... Yeah, but from what I'm hearing, Mr. Mayor, is there's
nothing to stop them to come back and ask for a third unit on the second lot.
Unidentified Speaker: Right, and we don't want...
Mr. Rodriguez: If...
Commissioner Plummer: Well, excuse me. Is that a true statement?
Mr. Gonzalez: Yes, that is correct, sir. Whoever the owners of the second lot are, if they want
to come in for a third unit, if they have a duplex there now, and they have at least seventy-five
hundred square feet, they can, by special exception, add another third unit on the second lot.
Mayor Clark: All right. Let's move forward, hear from these other objectors, other persons that
haven't spoken.
Mr. Wilkins: This is one of our concerns of our association, also. It's setting a precedent.
Mayor Clark: Got you. Got you. All right. Yes, ma'am, do you want to speak?
Commissioner Plummer: Well, wait a minute. I want to ask one other question. Does the staff
know whether or not the second lot is owned by the same party?
Mr. Rodriguez: Let me get right now the information.
Commissioner Plummer: Because then, we could require a covenant on that.
Mr. Rodriguez: We will get it on the record. Just one second, OK?
Commissioner Plummer: Special exception, we can put any conditions we want.
133 June 30, 1994
Mr. Rodriguez: Right.
Commissioner Plummer: All right.
afterwards.
Mayor Clark: Yes, ma'am.
Go ahead, you speak, and then we'll get the answer
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.]
Ms. Josefina Fernandez: MI NOMBRE ES JOSEFINA FERNANDEZ, VIVO EN 1910
SOUTHWEST 7 AVENIDA. YO NO SE HABLAR INGLES BIEN. ME TIENE QUE PONER
UN TRADUCTOR. OK?
Mayor Clark: Sergio, tell her something.
Mr. Rodriguez: OK. I'm sorry. Start again, your name is Josefina?
Ms. Fernandez: Fernandez.
Mr. Rodriguez: Fernandez. So she will ask me to translate to English now.
Ms. Fernandez: YO VIVO EN ESA CASA HACE 22 ANOS DESDE QUE... EN LA CASA
DONDE ESTA FABRICANDO LA SENORA, NO SE. HABIA UNA CASA CON UN PATIO
CON UN GARAGE AL LADO. AHI, UN DIA VINIERON Y TUMBARON TODAS LAS
MATAS QUE HABIAN Y DEJARON ESO ASI. YO TUVE QUE LLAMAR UN DIA PARA
QUE VINIERAN A LIMPIAR AQUELLO PORQUE ESTABA FRENTE A MI CASA Y ERA
UN BASURERO. ENTONCES LO LIMPIARON. DESPUES VINIERON E HICIERON LOS
DOS townhouses QUE HAY, Y DONDE ESTABA EL GARAGE, HICIERON UN
APARTAMENTO, UN townhouse, YO NO SE, PORQUE EN UNA NOCHE, LEVANTARON
UN MURO Y LO PINTARON. EL AMERICANO QUE VIVIA EN LA ESQUINA DIO LA
QUEJA PORQUE ESTABAN ROMPIENDO LA LINEA DE CONSTRUCCION, NO SE
COMO SE LLAMA ESO. VINIERON LOS INSPECTORES Y NO DIJERON NADA Y
SIGUIERON HACIENDO AQUELLO. ASI QUE DE UNA CASA, ESTAN QUERIENDO
HACER CINCO, Y ESO, A MI CASA, LE HA PERTURBADO MUCHO PORQUE LAS
PERSONAS PARQUEAN EN MI CASA, FRENTE A MI CASA. NO ME DEJAN
PARQUEAR, Y ES UN LIO.
TRANSLATION: I live in that house since 26 (sic) years ago. In the house where the lady's
building, there was before one house with a patio with a garage on the side. One day, they came
over, and they destroyed all the landscaping, and they left things as they are now. One day, I had
to call to get them to clean that place, because it was facing my house, and it was a dump. And
they cleaned it. Then after that, they came and built the existing two townhouses. And where
the garage was located, and they did in the place where the garage was, an apartment or
townhouse. I don't know exactly what happened, because in one night, they did everything, and
they built it with a big wall overnight. The American person that lived in the corner gave a
complaint because they were going over the building line. The inspectors came over, they didn't
do anything, and they continued building it. So from one house, they're trying to do five. And
that has created a problem for me, because they park in front of my house, in other places, and
they don't let me park, so it creates a problem for me.
134 June 30, 1994
Mayor Clark: All right. Thank you, ma'am. That gentleman didn't speak. If you'd like to
speak, you may.
Mr. Osiris Nunez: Good afternoon, Mayor and Commissioners. My name is Osiris Nunez. I
live at 720 Southwest 20th Road, and I'm one block away from that property. And I have the
same opinion that these other neighbors have.
Mayor Clark: All right.
Mr. Nunez: I think we are all affected, because they're building five units in that corner.
Mayor Clark: All right, sir. Thank you for your comment.
Mr. Rodriguez: Mr. Mayor, in relation to the question I was asked by Commissioner Plummer,
in the disclosure that we have as to whether they own any property within three hundred and
seventy-five feet, the answer given by them is no.
Mayor Clark: All right.
Commissioner Plummer: Well, let me just make sure of that. That means that the second lot, as
I see it there, is not owned by the same party.
Mr. Rodriguez: Based on the information that we have, right, that's correct.
Commissioner Plummer: Well, did you find out who is the owner? Don't you have a record of
who you mailed out to?
Mr. Rodriguez: We don't usually find out who is adjacent owners, no. We send a notification...
I mean, if you want to, we can check on that.
Commissioner Plummer: Well, yeah, but the prob... Mr. Mayor, the problem I'm having is that
if I were to vote to approve, I would want to put conditions on the lot, especially if it's the same
owner. If it's not the same owner, the second lot isn't going to agree to anything. Why should
they? It's not to their benefit.
Unidentified Speaker: Exactly.
Mayor Clark: All right, let's hear from the applicants or their representative. You're on the
right application? Go ahead.
Mr. Robert H. Traurig: Mr. Mayor and members of the Commission, for the record, my name is
Robert H. Traurig. I'm here representing the owner of subject property, which is located at 632
Southwest 19th Road, in a district that is currently zoned R-2. And it has been indicated earlier
in this session, we are not seeking a change in zoning. We are merely seeking a special
exception, pursuant to Section 401 of the City's Zoning Ordinance 11000, which provides very
clearly that for lots in the R-2 district with more than five thousand square feet, one additional
dwelling unit may be granted for each additional twenty-five hundred square feet. And so our
request is that since this lot contains seven thousand, eight hundred and eighty-seven square feet,
which equates to three dwelling units, we ask you to approve the special exception that would
permit that. Let me point out to you...
Mayor Clark: Mr. Traurig, how big is the piece of property, the total piece of property? Where
is the seventy, seventy-five hundred feet?
135 June 30, 1994
i.
s
i
is
Mr. Traurig: Seventy.
i
Mayor Clark: Give us the outline of the property. Where is it? How big is that lot on the
corner, the two lots?
Mr. Traurig: This is the seven thousand, over seventy-five hundred square feet, over seventy-
eight hundred square feet.
Commissioner Plummer: Who, whoa, whoa! Now, somebody just told me they don't own the
second lot, Bob.
Mr. Traurig: If you look at the legal description here, Commissioner, this has been...
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Joe, I need you to move over.
Commissioner Gort: A point of information. The plat that they have here is completely
different, and I...
Commissioner Plummer: Absolutely.
Commissioner Gort: I'd like for staff to point out the lots, the way... the face, and the two lots
that we're talking about. He's got a map over there.
Commissioner Plummer: That's two lots.
Ms. Slazyk: The shaded area is the lot in question for the application. The shaded area only has
two units on it right now.
Commissioner Gort: OK. That's one lot?
Ms. Slazyk: That's one lot.
Commissioner Gort: Where is the other lot?
Ms. Slazyk: The other lot, I believe what they're talking about, is this.
Commissioner Gort: OK. You "believe."
Mayor Clark: They cut the back end off of two lots, right?
Ms. Slazyk: The back end, right.
Commissioner Plummer: Well, wait a minute, wait a minute. Excuse me. Now, according to
that map and my map, there's a line running in the middle of those shaded areas.
Ms. Slazyk: That... it doesn't... What's on those two shaded areas right now is two units. It's
one lot on the survey.
Commissioner Plummer: No, no, no. Excuse me. Let me go to... Excuse me.
Ms. Slazyk: When they were refaced, that line was eliminated. It's still showing up on the atlas,
but it doesn't exist on the survey. It's one lot, the shaded area.
136 June 30, 1994
Mayor Clark: The duplex is on the two lots up front.
Ms. Slazyk: The two that are shaded.
Mayor Clark: And they cut the back of that off to make another lot out of it.
Ms. Slazyk: Right. The front half is now one lot. The back half is another.
Mayor Clark: How large is the front lot?
Ms. Slazyk: It's about seventy-eight hundred square feet. They need seventy-five hundred to
apply.
Mayor Clark: What happened to Plummer? Where did you go, Plummer? All right. Continue,
Mr. Traurig.
Mr. Traurig: So it's very clear, if you look at the boundary survey, that these lots have been
refaced, and what is the subject of this hearing, which is the one lot of seventy-eight hundred and
eighty-seven square feet is really part of two separate lots. The Planning, Building and Zoning
Department recommended approval with conditions. The conditions which they would impose,
which they have asked the Zoning Board to impose and now ask you to impose relate to
landscaping, to make sure that the quality of landscaping is consistent with the quality that
formerly existed on this property, and which generally is in the neighborhood. This application
was recommended for approval, as I indicated, and the Zoning board approved the application.
And on your Zoning fact sheet, and the Zoning fact sheet that went from the Planning
Department to the Zoning Board, the Planning Department stated that the submitted plan, which
I will show you in a moment, is well designed, provides sufficient open space for not only the
! one existing building, but the two proposed buildings, and that the project would not have an
adverse effect on the surrounding area. The background is that there were two units on this site.
One has been badly damaged by fire. There is a desire to redevelop that portion of the site, and
we would point out to you what that would result in.
Mayor Clark: They're not going to refurbish the one that burned down?
Mr. Traurig: They're going to tear down the one that has been damaged by fire.
Mayor Clark: And build two more.
Mr. Traurig: Let me point out to you that what we've got at the present time, this is the corner of
7th Avenue. This is the house that's been damaged by fire and which needs to be torn down.
What is being proposed is that it be replaced by a duplex building with this configuration. The
result of which is that whereas the neighbor to the south, who is concerned about the effect of the
building on his property, rather than to have a three and a half foot setback between this building
and his property, now would have a, roughly, fourteen foot, thirteen feet, nine inches. These two
properties, this one duplex consisting of two separate units, when added to the existing unit,
would require four parking spaces. These would all be Off-street parking - six parking spaces.
Commissioner Plummer: Bob, I'm sorry to interrupt you, but I cannot continue to listen and
understand, until I understand how this damn thing is put together here. I'm sorry.
Commissioner Gort: Where's the avenue and where is the street on that map?
137 June 30, 1994
Commissioner Plummer: According to this map here, when you relocate the front, OK?
Because on this map here that Joe gave us - maybe I shouldn't be using that - but the curvature is
on...
Mr. Rodriguez: Right.
Commissioner Plummer: ... this, what I would say, facing out. And what I'm looking at here,
when you reface these lots, you can't be doing what was here.
Mr. Rodriguez: The way that Mr. Traurig has shown the map over there is oriented differently
than with north on the top. That's why you're having a problem.
Commissioner Plummer: No, no, no. Forget about the north and the south. When you... Move
that one out, please, Bob. Go to that map.
Commissioner Gort: Very simple. Where's the avenue?
Mr. Rodriguez: The avenue is...
Mr. Traurig: This is the avenue.
Mr. Rodriguez: Right.
Mr. Traurig: This is 7th Avenue. This is 11th Street down here. This is the road.
Commissioner Plummer: You couldn't have cut them this way, because it would be cutting the
places in half.
Commissioner Gort: That's what they did.
Commissioner Plummer: Where's the second lot?
Mr. Traurig: This is half of two lots. This is the other half of two lots.
Commissioner Plummer: Oh.
Mayor Clark: See, what they've done, they've taken...
Commissioner Plummer: This is a second lot involved.
Mayor Clark: They've taken two lots, and they've cut the back half off so they can make a third
lot there out of two lots, is what they've done, really.
Commissioner Plummer: No. They refaced them. That's the...
Mr. Traurig: I can't tell you, Mr. Mayor, when that occurred, but at the present time, this owner
only owns this portion of the property, which is the parcel of property that's been... where the lot
has really been refaced. Instead of having a lot here and a lot here, we now have this one lot, and
this second lot.
Commissioner Plummer: And you're saying to your knowledge, the applicant is not the owner
of the second lot.
Mr. Traurig: I can rely only... I didn't represent the applicant at the Zoning Board, but the
application for the special exception has attached to it what staff has indicated. Mr. Rodriguez
138 June 30, 1994
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indicated that the applicant said under oath that the applicant does not own any contiguous
property.
Commissioner Plummer: And the...
Mr. Rodriguez: The applicant doesn't own any property within 375 feet.
Commissioner Plummer: And the applicant is not here.
Mr. Traurig: The applicant is not here.
Commissioner Plummer: I'll move that this matter be deferred until the applicant can be here,
and I can ask on the record. I want to know. I'm entitled to know. I can't go be trying to work
one way, when I think that I can put restrictions or conditions, and I find out that the person
doesn't own the property.
Mayor Clark: There's a motion on the floor.
Commissioner Plummer: You all do what you want.
Mayor Clark: Please. There's a motion on the floor to defer this item, seconded by Mr. Gort.
Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-464
A MOTION TO CONTINUE TO THE NEXT MEETING CONSIDERATION OF
AGENDA ITEM PZ-6 (APPEAL OF ZONING BOARD'S GRANTING OF SPECIAL
EXCEPTION UNDER ORDINANCE NO. 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL,
CONDITIONAL PRINCIPAL USES FOR LOTS WITH MORE THAN 5,000 SQUARE
FEET TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500
ADDITIONAL SQUARE FEET OF LOT AREA, FOR A LOT SIZE OF 7,887
SQUARE FEET LOCATED AT 630-632 S.W. 19 ROAD) IN ORDER THAT
APPLICANT MAY BE PRESENT TO ANSWER QUESTIONS BY THE
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.
Mayor Clark: Next item. Defer it till the next meeting.
Mr. Traurig: Thank you.
139 June 30, 1994
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Mr. Wilkins: Thank you.
Mayor Clark: All right. You can always come back. Don't ever give up.
Mr. Wilkins: We'll be back.
Commissioner Plummer: I guarantee it.
Mr. Nunez: We'll be back with pictures and everything.
Mr. Wilkins: As a matter of fact, I'm not leaving.
----------------------------------------------------------------------------------------------------------------
47. (Continued discussion) GRANT REQUEST FOR MODIFICATION OF
EXISTING WATERFRONT CHARTER AMENDMENT, AMEND R-80-334,
PERTAINING TO LA SANTA MARIA RESIDENTIAL PROJECT AT 1643
BRICKELL AVENUE --MODIFY CITY'S CHARTER WATERFRONT
SETBACK PROVISION TO PROVIDE FOR A 14% AVERAGE SIDE YARD
WIDTH AND A 50' SETBACK FROM THE BAY, SUBJECT TO ALL
CONDITIONS OF R-80-334 AND PLANS ON FILE DATED MAY 2, 1994
AND LANDSCAPING PLANS DATED APRIL 28, 1994. (Applicant(s): SM
Brickell Limited Partnership.) (See label 44)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On item number 8.
Mr. Sergio Rodriguez (Assistant City Manager): No, Mr. Mayor.
Mayor Clark: What?
Commissioner Gort: We can't hear 7.
Mr. Rodriguez: The next item, if you want to hear the item on Santa Maria again, we are ready
to respond to the questions from Commissioner Dawkins.
Commissioner Plummer: Fine.
Mayor Clark: All right. Bob, listen. Listen up, Mr. Traurig. Folks, please be quiet. Relax.
Ms. Lourdes Slazyk: The staff only has two comments on what we were just handed. First of
all, on item number 9, on the second page of the handout, it said that the events that were going
to be held at the mansion were going to be no later than one a.m. The class two permit limits
noise, any noise or music from the mansion between midnight and one a.m. We want to make
sure that they agree to honor that in this settlement.
Mayor Clark: Will you honor that, Mr...
Mr. Robert Traurig: The answer to that is yes. If one a.m. is more restrictive, we'll live with the
one a.m.
Mayor Clark: All right.
140 June 30, 1994
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Ms. Slazyk: The other... Well, the events may go on until one, but the music has to be turned
off at midnight.
Mr. Traurig: Now, let me clarify this. For only the special event, which is the developer host
party, only that party can go beyond twelve o'clock. We are making more restrictive...
Ms. Slazyk: Right.
Mr. Traurig: ... limited use of the property than what staff had initially requested.
Ms. Slazyk: OK, yeah. The rest of it is more restrictive than the class two, so we're fine with
that. The other comment was from the Zoning Administrator. We made... Just wanted to make
sure that we don't get into the same situation as we did with the UTD (United Teachers of Dade)
Towers, that any events that are going to be held in the mansion be limited to the homeowners,
or homeowners' associations, and no outside groups in that, holding events there.
Mr. Traurig: We agree to that, but the developer host party was before the units had been
occupied, for the most part. But in the event the developer would like to throw a party to thank
the community for what it has contributed to building this building, he wants to have that
opportunity to do it.
Mayor Clark: Let him go with that. Don't be so restrictive, for Christ sake.
Ms. Slazyk: Yeah, as long as it isn't outside groups renting.
Mr. Traurig: We will have no restaurant, we will have no outside activity within the mansion,
whatsoever, and the mansion is limited to those few occasions that are specifically described,
and certainly, with only seventy-five people.
Mayor Clark: Can we move on this thing now?
Ms. Slazyk: Yes.
Mayor Clark: With those restrictions?
Mr. Rodriguez: Yeah, we're ready, ourselves.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, the document that we were given to
look at earlier has been resubmitted to us with a couple of changes I'd like to read into the
record, or Mr. Korge can read into the record. Mr. Korge? Is he around?
Mayor Clark: Mr. Korge is on the roof watching...
Mr. Maxwell: Maybe Mr. Traurig can indicate that this...
Mr. Traurig: Joe, Joe, I have a copy of it with Chris' writing on it. You may read it into the
record, as far as we're concerned.
Mr. Maxwell: All right. Insert the word "units" after "condominiums" in Section 1. So it would
read, "The mansion located at 1643 Brickell Avenue may be utilized only by the residents and
owners of the condominium" - I guess you mean "condominium units" - at the Santa Maria, I
guess. Correct, Mr. Traurig?
141 June 30, 1994
Mr. Traurig: That's correct.
Mr. Maxwell: In Section 3, I'm unclear here as to exactly where he... this interdelineation is
supposed to go, so if you would read into the record your understanding of that, Mr. Traurig.
Mr. Traurig: After the first comma, where it says "except for special events," add in "and the
developer host parties."
Mayor Clark: Where have you been, Chris?
Mr. Maxwell: And Section 8-13?
Commissioner Plummer: Doing something nobody else could do for him.
Mr. Traurig: Section 8-B, we have changed seven days to three days notice.
Mr. Maxwell: And Paragraph 9, Section 9.
Mr. Traurig: Section 9, we changed from the twelve o'clock to the one o'clock.
Mayor Clark: All right. Is it OK now?
Mr. Maxwell: Thank you.
Mr. Traurig: Mr. Mayor, before you take a vote, I hope it's clear that we are severely restricting
the use of the former mansion, but it's predicated upon the dismissal of the appeal by the
Imperial Condominium, which will not occur before this Commission at this point, but will
occur either prior to or at the hearing before the Zoning Board. And the understanding, I hope,
that as part of your motion, if you move to approve, is that unless the appeal is dismissed, that
what we are hopeful that the Commission accomplishes is to restrict the use of the mansion, as
per the staff recommendation, and not as further restricted by what we have agreed to here.
Mr. Maxwell: Mr. Mayor, I don't think, you can make that kind of conditional... that you can
grant those kinds of conditions at this time. Either the resolution will go with the conditions that
you have, or Mr. Traurig's client would have to take his chances.
Commissioner Plummer: Well, can I ask a question of staff?
Mayor Clark: Go ahead.
Commissioner Plummer: He keeps referring to another Zoning Board hearing on the 14th.
What matter is going to be taken up before them on the 14th?
Mr. Rodriguez: There is an appeal of a class two permit that had been granted by the department
and that...
Commissioner Plummer: Excuse me. Is that Mr. Korge's appeal?
Mr. Chris Korge: That's correct.
Mr. Rodriguez: Again, yes.
Mayor Clark: Are you still appealing that?
142 June 30, 1994
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Mr. Korge: That appeal... I'm not sure, procedurally, if the appeal will be dropped, because
there are certain conditions on the class two that are not presently on the class two, which are
different than we've agreed to that may have to be added to the class two, and I don't know that
you can add them administratively, without going to the Zoning Appeals Board. That's
something we'd have to work out.
Mayor Clark: All right. Let's move on this.
Commissioner Plummer: If it's not for that reason, why are we here today?
Mr. Rodriguez: Today you have...
Commissioner Plummer: I thought that was here, the appeal was on that...
Mr. Rodriguez: Today, you have a different issue before you. You have an amendment to the
Waterfront Charter Amendment.
Commissioner Plummer: Oh, that's a separate item.
Mr. Rodriguez: Separate item.
Commissioner Plummer: All right, all right.
Mr. Korge: But for the record, we... I feel fairly comfortable, or I wouldn't be saying this to this
Commission, that we have worked out a satisfactory resolution of this, but it is imperative that
these conditions be placed in the waiver or it's going to be very hard for us to enforce these
conditions, if they're not part of the waiver, because if sometime in the future, these conditions
are not met, the only recourse we would have would be then to seek a remedy of removal of the
waiver, because the waiver will be conditioned on all of these things. And that's why we ask...
Mayor Clark: Then you can tear the building down. Tear the building down. Tear the building
down. OK. Are we ready to move on this thing? I never swa so many conditions. It's...
Commissioner Gort: Are you going to be able to use that house at all?
Mr. Traurig: Not very much.
Mayor Clark: All right. With all those conditions...
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
Mr. Maxwell: It being clear, Mr. Mayor, that these conditions are not subject to any further
action.
Mayor Clark: Yes. Go ahead.
143 June 30, 1994
Oki
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-465
A RESOLUTION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 90-
334, ADOPTED MAY 7, 1980, PERTAINING TO "LA SANTA MARIA"
RESIDENTIAL PROJECT, LOCATED AT 1643 BRICKELL AVENUE, MIAMI,
FLORIDA (AS MORE PARTICULARLY DESCRIBED HEREIN), TO PROVIDE A
50' SETBACK FROM THE BAY (50' REQUIRED); TO PROVIDE A 14% AVERAGE
SIDE YARD BASED ON AN AGGREGATE LOT WIDTH (25% REQUIRED);
ZONED R-4, MULTIFAMILY HIGH DENSITY RESIDENTIAL; SAID
AMENDMENT SUBJECT TO ALL CONDITIONS OF RESOLUTION NO. 80-334,
THE PLANS ON FILE DATED MAY 2, 1994, LANDSCAPING PLANS DATED
APRIL 28, 1994, AND STIPULATIONS AS CONTAINED 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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------
48. CONTINUE AGENDA ITEMS PZ-8, PZ-9, PZ-10 AND PZ-11 (TO MEETING
OF JULY 26TH).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: We're on 8.
Mayor Clark: On 8.
Mr. Sergio Rodriguez: Mr. Mayor, we have to wait until five o'clock for eight, because it's
more than five percent of the City.
Mayor Clark: Eight, eight...
Mr. Rodriguez: Eight, 9, 10, and 11 are... All of them are after five from now on.
Mayor Clark: All right.
144 June 30, 1994
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Commissioner Plummer: Mr. Mayor, I would move that 8, 9, 10, and 11 be deferred until the
next meeting.
Mayor Clark: All right. Second the motion.
Commissioner Plummer: We're going to have our hands full after five o'clock.
Mayor Clark: Second the motion.
Vice Mayor Dawkins: All those in favor...
Mayor Clark: Aye.
Commissioner Plummer: Aye.
Commissioner Gort: Aye.
Mayor Clark: All transferred over.
Commissioner Plummer: Yes, sir.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY MAYOR
CLAR& ITEMS PZ-8, PZ-9, PZ-10 AND PZ-11 WERE
CONTINUED TO THE JULY 26, 1994 COMMISSION
MEETING 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: Come back at five?
Commissioner Plummer: Five o'clock, we'll see all of you.
145 June 30, 1994
•
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49. (Continued discussion) CONTINUE AGENDA ITEM PZ-7 (CONSIDERATION
OF PROPOSED RESOLUTION CONCERNING APPEAL OF ZONING
BOARD'S GRANTING OF A SPECIAL EXCEPTION FROM ORDINANCE
11000 (ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, C-2 LIBERAL COMMERCIAL, CONDITIONAL
PRINCIPAL USES) TO PERMIT A TEMPORARY CARE FACILITY FOR
THE HOMELESS (RESCUE MISSION) AT 1500 NORTH MIAMI AVENUE,
ZONED C-2 LIBERAL COMMERCIAL) TO JULY 5, 1994 AT 6:00 P.M. AT
THE JAMES L. KNIGHT CENTER AUDITORIUM FOR PURPOSES OF
HOLDING A PUBLIC HEARING IN CONNECTION THEREWITH.
(Applicant(s): Dade County School Board / Community Partnership for the
Homeless, Inc. Appellant(s): Frank Martel, Hal Kluger, Richard Sprague, Leif
Griffin, Dave Exter, Rick Shiffman, the Omni, Edgewater, Overtown, Wynwood
Community Improvement Association, Inc.) (See label 40)
Mayor Clark: Wait a minute. Let me explain something to everyone here. Is the attorney for
the homeless here?
Commissioner Plummer: I've seen one of them.
Mayor Clark: Mr. Price? Mr. Shubin? Mr. Shubin is here, right? Mr. Price, let me tell you
what's going to happen, all right? This is an appeal of a Zoning Board decision. So that means
under our procedure, the appellant goes first. I don't see anything in this room but green, which
means they're on your side. Right? And I appreciate they got out here early. They got the seat,
keep it. But they have to go first. You know the procedure.
Mr. Stanley Price: Yes, sir.
Mayor Clark: And first will be the staff presentation for about ten minutes, and then the
appellant's presentation for an hour and fifteen minutes. One hour and fifteen minutes. After
that, you have the shot. Then, they'll have about a five minute rebuttal. I don't know whether
there's going to be examination or cross-examination by the applicant. I would suggest you keep
that to a real bare minimum, if you can. But that will be the presentation. You won't go first.
You know the procedure. You can explain to Mr. Chapman exactly how it works. But you'll
have at least an hour and fifteen minutes for your cause, and they will have an hour and fifteen
minutes, and then five or ten minutes for rebuttal, and we come to a decision. We apologize for
the smallness of the area, but the funds are low. We don't have a bigger place. I wanted to have
it over at the convention center, but it's too late for that now. How many people are out front?
Mr. Price: I don't know, sir. Mr. Mayor, I'd just respectfully advise you that Mr. Shubin, who is
the attorney for the appellant, I don't believe, has arrived yet. So I have no problem with the
procedure, but I don't believe he is here yet to accede to that.
Mayor Clark: Well, we can't proceed until five o'clock, and it's four -fifteen now. So if you see
him in the meantime, please, please tell him that they will have to come first. You have to with
with us a while. Now, we just... We want to do this legal, so no one will come back and say we
didn't do the proper operation.
Mr. Price: Thank you, sir.
146 June 30, 1994
t
i
j
Commissioner Plummer: You might mention...
Mayor Clark: Sisters, stay with us and say a prayer for everybody, will you?
Commissioner Plummer: You might mention, for the record, that the five o'clock was at the
request of everybody, where it had originally been scheduled for two -thirty.
Mayor Clark: Yes. So we'll see you in about forty-five minutes.
1 Mr. Price: Thank you.
Mayor Clark: Don't give up your seat. It may not be there when you get back. Yes.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: I have a list of everyone who wants to speak. Do you understand?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: Just a moment. We have a law, we have a fire law. So many people can be in this
building.
Unidentified Speaker: I understand, but the people with the green tickets who are in the back
here, someone let them in the back door, and the people with the gold tickets that are out front...
Mayor Clark: There is no back door to this building.
Unidentified Speaker: Well, I don't know how they got...
Mayor Clark: Please, I appreciate you...
Unidentified Speaker: Well I have been seeing them go out there.
Mayor Clark: You will have the opportunity....
Unidentified Speaker: Well, how can this happen in a democratic society, that these people were
here early and...
Vice Mayor Dawkins: I'm not with them, but that's what makes it possible for them to be here,
the democratic system.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: They will have a chance to speak for an hour and fifteen minutes, all people with
your sign.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: We'll invite them in.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: We will invite them in, ma'am. We will invited them in before anybody in green
gets to speak. I didn't set this up.
147 June 30, 1994
Vice Mayor Dawkins: Mr. Mayor... Where is the lady? I have to apologize. You are correct.
Somebody opened up the back door and let people in through the back.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Dawkins: You are correct. Yes, ma'am. Somebody opened the back door and
allowed people in the green to come in.
Unidentified Speaker: Well, how can this be a fair trial or a fair hearing if you don't let the
people come in and voice, and see and know what's going on? What kind of fair trial is this?
Mayor Clark: Now, we're not going to have an outburst here. I'll cancel all the meeting. All
right? Let me tell you what I'd really like to do. I'd like to cancel this meeting and have it held
out at the Hyatt Center, where there is 5,000 seats there and everybody can come in anytime they
want to... I don't want this lady to think I opened that back door. No, we're not in session now,
so you'll have a chance to speak.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:15 P.M. AND RECONVENED AT 5:00 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Mayor Clark: The hour is five o'clock, your excellency. Mr. Price.
Commissioner Plummer: Are you going to announce, Mr. Mayor, that due to the lack of interest
today has been cancelled?
Mayor Clark: No. We made a suggestion earlier in the day that because of the crowd, and
everyone wanting a chance to speak, we should hold this in the Knight Center, where we got five
thousand seats, and everyone can have a chance to sit down and watch all the proceedings. And
we apologize for the small area here, but this is all we have, unless the Archbishop would have a
special collection, and we can get a new City Hall. All right, folks. Let's have your attention.
The ground rules are this. The staff will make a presentation that will take about five to ten
minutes. The appellant goes first, Mr. Shubin. You'll be given an hour and fifteen minutes to
make your presentation. Bring in anybody you want to to speak. I have a list of speakers here.
Let me see those. And I'm going to ask them first, are they for the homeless or against the
homeless situation, and if they are against it, they speak first, and the other people just have to
wait. That's our procedure.
Commissioner Plummer: Mr. Mayor, the people that are opposed to the issue speak first?
Mayor Clark: Yes, sir. That's the appellant.
Commissioner Plummer: All right. Then I have to ask this question, in fairness. Ninety percent
of the gold tags... I assume the gold tag means that they are in opposition...
Mayor Clark: Yes.
Commissioner Plummer: ... are outside.
Mayor Clark: Well, we're going to bring them in. He's going to...
Commissioner Plummer: Now, we're going to bring all of those people in and run the green tags
out?
148 June 30, 1994
Mayor Clark: No, we're not going to run them out. They'll be able to...
Commissioner Plummer: How are you going to do it? I mean, that's all I'm asking.
Mayor Clark: They'll come in, and you'll have an hour and fifteen minutes, to a side. I suggest
you're short and to the point. And then we'll have... You may have some cross-examination, if
you'd like. That won't be deducted from your time. I mean, if you... If he cross-examines a
witness, that doesn't take up your time. I've got the watch right here, and I watch it very closely.
Then after...
Mr. John Shubin: Mr. Mayor.
Mayor Clark: Sir?
Mr. Shubin: If I may address Commissioner Plummer's concern, I have the same concern. The
majority of the individuals that are going to speak on behalf of the appeal, against the
application, are outside. I believe that we have been prejudiced by the fact that these individuals
cannot be present at this proceeding.
Mr. Cesar Odio (City Manager): Mr. Mayor, I just took care of that. I asked the lieutenant in
charge to allow some of the yellow tags into this side here, so that...
Vice Mayor Dawkins: The Fire Department won't permit that, and you're the Manager.
Mr. Odio: Well, I'll tell the Fire Department.
Commissioner Plummer: Is it possible, Mr. Mayor, is it possible that possibly, because as we
look here, all the green tags are basically in here, that they could go first, and then the others go
afterwards, because that way, there would be no problem.
Mr. Shubin: I would have no objection to that, Commissioner.
Commissioner Plummer: Well, I don't know that we legally can do that.
Mayor Clark: I know, but the...
I
Mr. Price: I have objection to that.
Commissioner Plummer: OK.
Mr. Price: The burden of proof is not on our side.
Vice Mayor Dawkins: Beg your pardon?
Mayor Clark: The burden of proof is not on his side.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: Yes, sir, I'm listening.
Mr. Maxwell: If I may make a suggestion, Mr. Mayor, or a comment. One of the problems that
may arise as a result of the conversations here is that if this item is taken to court later, there may
be some claim that the Commission based its decision on the number of people in the room or
149 June 30, 1994
were influenced in some way by people in favor, or against. As we've said many times before,
you can't make a decision based by an applause meter, and you can't take a vote of plebscite or
I anything of that type. Therefore, it's really irrelevant here as to who is in the room. However...
And you should keep that in mind. You shouldn't move everybody out, and move new people
in, because that creates a presumption. However, it's very important that any witnesses that
either party has, both parties have, be in the room, and be allowed to participate, to view exhibits
of that type. Mr. Shubin has indicated that there are twenty people he has. So if you are going to
allow additional people into the room, he should designate who those people are so that they can
come into the room, his witnesses.
Mayor Clark: I hate to make this suggestion, but, ladies and gentlemen, we speak with fairness.
We're trying to do justice and equity to this position, and the only fair way to do it... Now,
listen. Don't say no. The only fair way to do it is to postpone this meeting until next Monday or
Tuesday, and start it at six o'clock in the evening, and have everybody at the Knight Center. The
Knight Center is available?
Mr. Odio: Yes, it is.
Mayor Clark: The Knight Center is available, air conditioned, everybody can sit down, the rain
is not going to run anybody out. And 1 would like to... I would sure like to... I don't want to
upset anybody. This lady was very upset, somebody opened the back door. I don't know that
happened. I didn't open the back door, but she said it did. So it could jeopardize, it could...
Please. It could jeopardize one side or the other. I'll be very frank about it. I don't want to... I
don't want to postpone this, either. I think we should get along with it, but equity is not on both
sides with this room filled like it is now.
Mr. Odio: Mr. Mayor, their coordinator is choosing twenty people right now, and they have
been coming in with the yellow tags, so.
Commissioner Plummer: Well, is there not another...
UNIDENTIFIED SPEAKER: No, they're not.
Mr. Odio: They're not? Not you.
Commissioner Plummer: Is there not... Mr. Manager, is there not one other concern? Mr.
Shubin is representing... doesn't mean that other people besides his twenty that don't want to
speak. And I'm sure the same for the other side, that Mr. Price is going to be the primary
speaker, but I'm sure there's other people who want to speak on the issue. So how do you...
Mayor Clark: You want to hear the whole...
Commissioner Plummer: Who are those people that are outside that are not going to be able, on
either side of the issue?
Mayor Clark: I'm going to have to make this decision. It's going to be... Some people are
going to get mad, but don't get mad at me. I'm trying to help, help both sides. This meeting...
Commissioner Plummer: Well, why don't we try to...
Vice Mayor Dawkins: No, let the Mayor, let the Mayor talk some.
Mayor Clark: This meeting is going to be held on the 6th day of July at six o'clock in the
evening at the Knight Center. That's available, right?
150 June 30, 1994
Mr. Odio: Yes, sir.
Commissioner Plummer: That's a Wednesday.
Mr. Odio: Yes, sir.
Mayor Clark: Sir? It's a Wednesday.
Vice Mayor Dawkins: I thought we said we were going to do it the 5th.
Commissioner Plummer: Somebody had a problem with Wednesday.
Mayor Clark: Tuesday... Tuesday... Monday is the 4th of July.
Vice Mayor Dawkins: All right.
Commissioner De Yurre: I can't be there at that time, Mr. Mayor.
Mayor Clark: Well, how about the 5th. Can you be there on the 5th?
Vice Mayor Dawkins: Yes, sir, I can be there on the 5th.
Mayor Clark: Can you be there on the 5th?
Commissioner Plummer: What time?
Commissioner De Yurre: Yeah. But I'd rather be here on the 30th, and get this thing over and
done with.
Commissioner Plummer: What time?
Mayor Clark: At six o'clock in the evening.
Commissioner Plummer: I can be back by then, yes.
Mayor Clark: All right.
Mr. Price: Mr. Mayor.
Mayor Clark: Yes.
Mr. Shubin: We have difficulty if the Commission defers this matter. We have several people
who have flown down here today.
Commissioner Plummer: Fly back.
Mr. Shubin: We'd like...
Mayor Clark: We'd like to keep the over the weekend where they can spend a few bucks here. I
know that, but listen, if you were in my shoes, I know you'd like to do equity. Let's don't argue
with this thing.
151 June 30, 1994
Mr. Price: Mr. Mayor, we're prepared to give up twenty seats for his twenty witnesses, so they
could be present throughout the process, so there will no question in regard to whether this is a
fair and impartial hearing.
Mayor Clark: Stanley, if you were on this side, I think you would agree with me, that they
should be in here like these people are in here. This is only... This is only fairness. I don't want
to postpone it, but how in the world are we going to not be challenged somewhere that the other
people are not in the room.
Commissioner Plummer: That's true.
(APPLAUSE)
MrShubin: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Shubin: There may be one possible compromise that I discussed with the City Attorney
earlier, which would be to, literally, to split the room. And I don't know whether that is... has
any more interest...
j Mayor Clark: I don't want to ask these people to leave their seat. They've been here... Some of
j them have been here for an hour.
Vice Mayor Dawkins: Some of them have been here since two o'clock.
Mayor Clark: Two o'clock. Ladies... since three o'clock, four o'clock. Ladies and gentlemen,
I'm going to declare right now that this Commission is in recess.
Mr. Price: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Price: We are prepared to split the room.
Mayor Clark: What?
Mr. Price: We want to go forward today. We believe this issue is that important. We'll split the
room in half, if that makes...
Mayor Clark: Mr. Price...
(APPLAUSE)
Mayor Clark: It's not a very... It's my decision to make. My decision is, and I look right into
the eyes of my father confessor - I ain't going to tell no lie - this meeting will be held at six
o'clock p.m. on July the 5th at the Hyatt. Everybody can get there, it will be air conditioned, and
that's all we can do. Thank you very much, ladies and gentlemen.
Mr. Maxwell: Mr. Mayor, Mr. Mayor, please, please.
Mayor Clark: Yes.
Mr. Maxwell: What you need is a motion to continue the meeting to that date.
152 June 30, 1994
Vice Mayor Dawkins: So moved.
Commissioner Plummer: Second.
Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. So ordered. Ladies and
gentlemen, that's only basic equity.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-466
A RESOLUTION CONTINUING THE SECOND REGULAR CITY COMMISSION
MEETING OF JUNE 1994 TO JULY 5, 1994 AT 6:00 P.M. AT THE JAMES L.
KNIGHT CENTER, LOCATED AT 400 SOUTHEAST 2ND AVENUE, MIAMI,
FLORIDA, SAID CONTINUANCE TO CONSIDER THE ITEM DESIGNATED AS
ITEM NO. PZ-7 ON THE JUNE 30, 1994 AGENDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Ladies and gentlemen, that is on July the 5th, the day after the 4th of July at 6:00
o'clock at the Hyatt. Come in and enjoy. There is room for plenty people.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:10 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
153 June 30, 1994