HomeMy WebLinkAboutCC 1994-07-14 MinutesINDEX
MINUTES OF REGULAR MEETING
July 14, 1994
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
2
SPECIAL ITEMS.
7/14/94
2.
CONSENT AGENDA.
DISCUSSION
2-5
7/14/94
2.1
ACCEPT BID: RAMON LORENTE, CORP -- FOR
R 94-468
5
FURNISHING / INSTALLATION OF A FENCE AT
7/14/94
CURTIS PARK -- ALLOCATE $15,736.75.
2.2
AUTHORIZE FUNDING OF MODEL CITY CRIME
R 94-469
5
PREVENTION SUB -COUNCIL -- ALLOCATE
7/14/94
$36,864 FROM LAW ENFORCEMENT TRUST FUND
(LETF)
2.3
AUTHORIZE CONTRIBUTION TO THE YOUTH
R 94-470
6
CRIME AND DRUG PREVENTION SOCCER
7/14/94
LEAGUE -- ALLOCATE $61,092 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
2.4
ACCEPT BID: UNISYS CORPORATION -- FOR
R 94-471
6
FURNISHING 14 NEW PRINTERS, FOR POLICE
7/14/94
DEPARTMENT.
2.5
ACCEPT BID: UNISYS CORPORATION -- FOR
R 94-472
7
FURNISHING DCA/ICC SOFTWARE AND
7/14/94
HARDWARE PRODUCTS (AS PURCHASES BECOME
NECESSARY) FOR VARIOUS CITY
DEPARTMEIrTTS -- OPTION FOR EXTENSION OF
CONTRACT SUBJECT TO AVAILABILITY OF
FUNDS.
2.6
ACCEPT BID: ATLANTIC AUTO SUPPLY --
R 94-473
7
FOR FURNISHING TWO ASYMMMIC HYDRAULIC
7/14/94
LIFTS -- FOR DEPARIV= OF GSA & SOLID
WASTE / MOTOR POOL DIVISION -- ALLOCATE
$9,190.
2.7
ACCEPT BID: SAEZ REFRIGERATION,
R 94-474
8
INC. -- FOR FURNISHING SIX AU UVDTIVE
7/14/94
FREON CYLINDERS -- FOR DEPAR'IT4ENT OF
GSA & SOLID WASTE / MOTOR POOL
DIVISION -- ALLOCATE $7,163.16.
2.8
ACCEPT BID: SOLO PRINTING, INC. -- FOR
R 94-475
8
PRINTING / BINDING OF POLICE
7/14/94
DEPA MVIEN P' S ANNUAL REPORT -- ALLOCATE
$9,500.
2.9
AUTHORIZE PAYMENT OF $50,000 AS REWARD
R 94-476
8-9
FOR INFORMNPION WHICH LED UP TO OR
7/14/94
RESULTED IN THE ARREST AND CONVICTION
OF KILLERS) OF CITY OF NORTH MIAMI
POLICE OFFICER S`I'EVEN BAUER.
2.10
ACCEPT BID: LEWIS GREEN CONSTRUCTION,
R 94-477
9
INC. --- TOTAL BID FOR PROJECT: EDISON
7/14/94
SIDEWALK REBUILDING (IMPACT FEE
PROJECT) B--4569 -- ALLOCATE $81, 431
FROM CIP 341195 -- EXECUTE CONTRACT.
2.11
ACCEPT DONATION OF VACANT REAT� PROPERTY
R 94-478
9
LOCATED AT 1405 N.W. 61 STREET --- TO BE
7/14/94
USED FOR EXPANSION OF AFRICAN SQUARE
(SUBJECT!' TO EXAMINATION / APPROVAL OF
ABSTRACT AND OPINION OF TITLE) --
ALLOCATE $12,000 FROM CDBG FUNDS.
2.12
AMEND RESOLUTION 93-226, WHEREBY
R 94-479
10
EXECUTION OF MDURANDUM(S) OF AGREEMENT
7/14/94
WAS AUTHORIZED WITH MUNICIPALITIES FOR
PURPOSES OF CREATING AN URBAN SEARCH
AND RESCUE TASK FORCE -- AUTHORIZE
EXECUTION OF MEMORANDUM(S) OF AGREEMENT
WITH VILLAGE OF KEY BISCAYNE AND ANY
OTHER LOCAL GOVERM ENI'S (APPROVED BY
FIRE CHIEF AND CITY MANAGER).
2.13
AUTHORIZE AGREEMENT WITH HOUSING
R 94-480
10
OPPORTUNITIES PROJECT FOR EXCELLENCE,
7/14/94
INC. (HOPE) -- TO PROVIDE AN
ADMINISTRATIVE GRANT ($50,000) FOR
IMPLEMENTATION OF FAIR HOUSING
ENFORCEMENT AND EDUCATIONAL OUTREACH
ACTIVITIES WITHIN CITY'S HOUSING
PROGRAMS -- ALLOCATE FUNDS FROM CDBG
PROGRAM.
2.14
AUTHORIZE EXECUTION OF AMENDMENr TO
R 94-481
11
EXISTING CONTRACT WITH MIAvlI--DADE
7/14/94
k
COMMUNITY COLLEGE (M-DCC) -- FOR CITY'S
i
RENDERING OF IN-SERVICE FIRE
TRAINING --- EXTEND CONTRACT (AUGUST 1,
1994-JULY 31, 1995) --- ALl OC_ATE FUNDS.
2.15
APPROVE, IN PRINCIPLE, DESIGNATION OF
R 94-482
11
RAFAEL HERNANDEZ HOUSING AND ECONOMIC
7/14/94
DEVELOPMENT CORPORATION AS SPONSOR TO
UNDERTAKE DEVELOPMENT OF THREE NEW
SINGLE FAMILY HOMES AFFORDABLE TO LOW /
MODERATE INCOME FAMILIES /
INDIVIDUALS -- ON CITY -OWNED VACANT
PARCELS IN WYNWOOD NEIGHBORHOOD,
SUBJECT TO CONDITIONS.
2.16
CLAIM SETTLEMENT: GABRIEL CASTELLON
R 94-483
12
($25,000).
7/14/94
2.17
RATIFY CITY MANAGER'S ACTION IN
R 94-484
12
AWARDING FORMAL BID FOR ROOF
7/14/94
REPLACEMENT AT GIBSON PARK TO J.
I
VALIENTE ROOFING, INC. -- AILOC:ATE
$39,448 FROM CIP 331341 (GIBSON PARK
RENOVATIONS).
2.18
RESCIND RESOLUTION 94-277, WHEREBY BID
R 94-485
13
OF J.C.I. INTERNATIONAL, INC. WAS
7/14/94
ACCEPTED FOR PROJECT: CITYWIDE SIDEWALK
REPLACEMENT PHASE V B-4558 -- NULLIFY
CONTRACT -- DIRECT MANAGER TO SEEK NEW
BIDS.
2.19
ACCEPT PROPOSED DONATION OF THREE
R 94-486
13
REFRIGEERATED / INSULATED TRAILERS
7/14/94
(COMBINED VALUE $18,000) FROM (a) XTRA
CORPORATION, TRANSPORT INTERNATIONAL
POOL, INC., AND (b) PLM INTERNATIONAL,
INC. -- FOR USE BY FIRE -RESCUE
DEPARTMENT TO TRANSPORT / STORE URBAN
SEARCH AND RESCUE (USAR) AND DISASTER
MEDICAL ASSISTANCE TEAM (DMAT)
EQUIPMENT -- AUTHORIZE MANAGER TO
ACCEPT Fif1'Uf E DONATIONS.
2.20
AUTHORIZE CITY MANAGER TO ISSUE
R 94-487
14-15
INVITATION FOR BIDS FOR SALE OF CITY-
M 94-488
OWNED PROPERTY AT 5500 N.W. 17 AVENUE.
7/14/94
3.
DISCUSS AND DEFER (TO SEPI'EMBER
M 94-489
MEETING) CONSIDERATION OF' PROPOSED
7/14/94
RESOLUTION CONCERNING POSSIBLE PAYMhIP
OF LEGAL FEES TO BLACK & FURCI IN
CONNECTION WITH 'ITiE.T.R REPRESENTATION OF
WILLIAM LOZANO.
4.
(A) INSTRUCT CITY ATTORNEY TO DO
M 94-490
WHATEVER STEPS MAY BE LEGALLY
7/14/94
REQUIRED TO FORCE THE UNIVERSITY
OF MIAMI TO LIVER UP TO ITS PRIOR
COMMITMENT UNDER THAT CERTAIN
ORIGINAL AGREEMENT WITH THE CITY
CONCERNING THE .TAMES L. KNIGHT
CONVENTION CENTER WHEREIN IT
VOUCHED TO BRING, ANNUALLY, AT
LEAST 100,000 PROFESSIONALS
AND/OR CONVENTIONS FOR USE OF
SAID FACILITY.
(B) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO EXECUTE CERTAIN
AGREEMENTS WITH AETNA LIFE
INSURANCE COMPANY, PERTAINING TO
THE MIAMI CONVENTION CENTER. (See
label 34)
5.
(A) WAIVE RESIDENCY REQUIREMENT
M 94-491
(PURSUAN'T TO ORDINANCE 11130) FOR: POLA
R 94-492
REYDBURD, MIRIAM SCHOFIELD AND MARIAN
7/14/94
M. SMITH, -110 ALLOW ZHKM TO SERVE AS
MEMBERS ON THE COMMISSION ON THE STATUS
OF WOMEN.
(B) APPOINT i REAPPOINT / CONFIRM
INDIVIDUALS TO SERVE AS MEMBERS OF THE
COMMISSION ON THE STATUS OF WOMEN.
(Appointed were: Crystal Griggs, Patti
Allen Isabelle Mi lanes -Buccinna, Nancy
Benouaich, Marie Rodriguez, Deborah
Weiss-Goodstone, Audrey Stoeckel -Gomez.
Reappointed were: Luisa Garcia -Toledo,
Monna Lighte, Anita Rafky, Bernadette
A. Morris, Regina Berman, Sharon Bock,
Racheal Isan, Pauline Ramos, Pola
Reydburd, Rosario S. Roman, Miriam
Schofield, Eugenia Tynes, Danielle
Webb, Gail Nedelman-Stone, Marian M.
Smith, Leoner Lagomasino, Laura Perez &
Rosie Gordon -Wallace.)
6.
AUTHORIZE DONATION OF SCHOOL SUPPLIES
R 94-493
TO THE GIDEON ACADEMY, A NON -RELIGIOUS
7/14/94
SCHOOL.
16-17
18-35
36-40
40-42
7.
8.
pp
10.
11.
12.
13.
14.
DISCUSSION CONCERNING PUBLIC WORKS-
DISCUSSION 42-45
SEWER PROJECT IN THE ROADS AREA.
7/14/94
DISCUSS AND DEFER (TO JULY 26TH
DISCUSSION 45-46
MEETING) CONSIDERATION OF DADE
7/14/94
HELICOPTER'S CONTINUED USE OF
CITY -OWNED PROPERTY ON WATSON
ISLAND.
AUTHORIZE RESTRICTION OF VEHICULAR
R 94-494 46-49
ACCESS TO CERTAIN STREETS IN THE
7/14/94
SHORECREST NEIG3BORHOOD -- ON A 120-DAY
TRIAL BASIS.
RESCIND RESOI.UI'ION 79-807, THEREBY
R 94-495 50-52
PROVIDING FOR REOPENING THE PORTION OF
7/14/94
JEFFERSON STREET BETWEETI THE SOUTH
RIGHT OF WAY LINE OF WASHIN.M3 N AVENUE
AND THE NORTH RIGHT OF WAY LINE OF
CHARLES AVENUE, WITH PROVISOS.
RATIFY CITY MANAGER'S FINDING THAT AN
R 94-496 53-54
EMERGENCE' NEED EXISTED -- WAIVE
7/14/94
COMPETITIVE SEALED BIDS -- APPROVE
ACQUISITION OF TRUNK ORGANIZERS FROM
L.L. DISTRIBUTOR -- APPROVE PURCHASE OF
LIFE RING BUOYS FROM CRUISING GEAR, AND
FIRE EXTINGUISHERS FROM FIREMASTER
FOR POLICE DEPARITMU -- ALIDCATE
$34,861.
WAIVE COMPETITIVE SEALED BIDDING
R 94-497 55-56
PROCEDURES FOR PROCUREMENT OF PAINTING
7/14/94
SERVICES FOR THE MIAMI SPRINGS GOLF
COURSE CLUBHOUSE FROM MANOLO HORTA
PAINTING COMPANY -- RATIFY CITY
MANAGER'S FINDING THAT A VALID PUBLIC
EMERGENCY EXISTS -- ALLOCATE $13 , 500 .
PERSONAL APPEARANCE: MR. RUBEN KING-
DISCUSSION 57-59
SHAW, JR., CHAIRMAN OF MIAMI CENTENNNIAL
7/14/94
'96, CONCERNING EARLY PLANNING STAGE RE
THE MIAMI CENTENNIAL CELEBRATION.
PERSONAL APPEARANCE: MR. MICHAEL A.
DISCUSSION 59-66
DUDIK -- TO DISCUSS THE CELEBRATION
7/14/94
15.
AUTHORIZE CITY MANAGER TO NEGOTIATE /
R 94-498
66-71
EXECUTE NECESSARY DOCUMENTS TO ACCEPT
7/14/94
'
DONATION PROFERRED BY RANSOM EVERGLADES
SCHOOL TO MAKE CAPITAL IMPROVEMENTS
(VALUE $40,000) TO THE SOFTBALL FIELD
AT VIRGINIA KEY PARK, WITH CONDITIONS.
16.
(A) INSTRUCT LAW DEPAI?I'MENP TO
M 94-499
71-83
IMMEDIATELY CHANGE EXISTING LAW TO
M 94-500
ALLOW MIAMI RESIDENTS TO TAKE ANY
7/1.4/94
NECESSARY STEPS TO PROTECT THEIR
PROPERTY AGAINST CRIME (INCLUDING USE
OF BARBED WIRE FENCING) -- DIRECT
ADMINISTRATION TO SCHEDULE A PUBLIC
HEARING IN CONNECTION THEREWITH.
(B) GRANT REQUEST BY STIRRUP GROVE
HOMEOWNERS' ASSOCIATION FOR FUNDING
($10,000) IN THE FORM OF LOW INTEREST
DOAN --- FOR INSTALLATION OF GATES AND
LIGHTING IN THEIR AREA (F'RANKLIN AVENUE
FROM MAIN HIGHWAY TO HIBISCUS
STREET) --- INSTRUCT ADMINISTRATION TO
FAVORABLY CONSIDER BOUNDARY LINES BE
CHANGED IN ORDER THAT THEY WOULD BE
CONSIDERED AS PART OF THE TARGET AREA.
f,
17.
ACCEPT DONATION OF PICNIC SHELTER
R 94-501
83-85
(ESTIMATED VALUE $15,000) AND
7/14/94
DECORATIVE GATEWAY (ESTIMATED VALUE
$5,000) FROM SOUTH FLORIDA COUNCIL, BOY
SCOUTS OF AMERICA / LINCOLN MARTI
CA14POREE -- TO BE CONSTRUCTED IN ROBERT
KING HIGH PARK / CARLOS ARBOLEYA
CAMPGROUND.
18.
PERSONAL APPEARANCE: MR. CARLOS
R 94-502
85-87
BATISTA, PRESIDENT OF LIG-iT UP MIAMI --
7/14/94
GRANT REQUEST FOR ENDORSEMENT OF ITS
"LIGHT UP MIAMI" EFFORT TO PRODUCE
ILLUMINATION AND LIGHTING COORDINATION
FOR EVENTS RELATED TO THE SUMMIT OF THE
AMERICAS .
19.
GRANT REQUEST BY REPRESENTATIVES FROM
R 94-503
87-88
SEVERAL COMMERCIAL CRUISE BOAT OWNERS
7/14/94
FROM BAYSIDE TO INTRODUCE AND SPONSOR A
PROGRAM OF FREE BOAT TRIP TOURS FOR A
YEAR-ROUND YOUTH AND SENIOR CITIZENS
PROGRAM.
20.
GRANT REQUEST BY METROPOLITAN DADE
R 94-504
COUNTY DEPAR31ENr OF HUMAN RESOURCES,
7/14/94
OFFICE OF COMMUNITY SERVICES, TO
UTILIZE $197,000 IN EXISTING CITY OF
MIAMI HOPWA BRICK AND MORTAR
CONTINCE CY DOLLARS FOR PROVISION OF
EMERGENCY SHORT-TERM RENT / MORTGAGE
PAYMENTS TO ASSIST HIV / AIDS CLIENTS.
21.
GRANT REQUEST BY REPRESENTATIVES OF
M 94-505
OPERATION SAVE EYES FOR STREET CLOSURES
7/14/94
CONCERNING ITS WALK--A-THON AND FESTIVAL,
EVENT (SEPTEMBER 5, 1994).
22.
ALLOCATE $ 3 0, 0 0 0 TO CHOP I N
R 94-506
FOUNDATION OF THE UNITED STATES,
7/14/94
INC. -- FOR PERFORMANCES AT
GUSMAN CENTER (MARCH 3-12,
1995) -- CITY TO BE REIMBURSED IF
PROCEEDS FROM EVENT SHOW PROFIT.
23.
AUTHORIZE ISSUANCE OF REVOCABLE PERMIT
R 94-507
TO MIAMI-DADE COMMUNITY COLLEGE FOR
7/14/94
ACCESS / USE OF MIAMI BOBBY MADURO
BASEBALL STADIUM PARKING LOT (2301 N.W.
10 AVENUE) -- TO PROVIDE PARKING
FACILITIES TO STUDENTS / FACULTY /
VISITORS OF THE COILEGE MEDICAL CENTER
COMPLEX -- INITIAL PAYMENT FOR USE OF
SAID AREA TO BE $70,000 ANNUALLY,
THEREAFTER INCREASING SAID CONTRACT BY
5% PER YEAR.
24.
EMERGENCY ORDINANCE: ACCEPT GRANT -IN-
ORDINANCE
AID AWARD ($110,000) -- ENTER INTO
11162
AGREEMENT WITH NATIONAL HISTORICAL
7/14/94
PUBLICATIONS AM RECORDS COMMISSION
(NHPRC) TO ESTABLISH AN ARCHIVES AND
RECORDS MANAGEMENT PROGRAM -- ESTABLISH
NEW SPECIAL REVENUE FUND: MIAMI
MUNICIPAL ARCHIVES AND RECORDS
MANAGEMENT PROGRAM.
89-94
94-96
100-103
103-105
25.
EMERGENCY ORDINANCE: CREATE NEW
ORDINANCE 105-107
SPECIAL REVENUE FUND: PROGRAMS FOR THE
11163
DEVELOPMENTALLY DISABLED - 1994-95 --
7/14/94
APPROPRIATE $475,786, CONSISTING OF A
$334,032 GRANT FROM STATE OF FUJRIDA,
DEPAR'IMFTTT OF HEALTH AND REHABILITATIVE
SERVICES (HRS), $41.,754 AS CONTRIBUTION
FROM GENERAL FUND FOR RE;QIJIRED LOCAL
MATCH, AND $100,000 IN CARRY-OVER FUND
BALANCE FROM SPECIAL REVENUE FUND:
RECREATION PROGRAMS FOR THE
DEVELOPMENTALLY DISABLED FY'94.
26.
ACCEPT GRANT ($334,032) FROM STATE OF
R 94-508 107
FLORIDA, DEPARTMENT OF' HEALTH AND
7/14/94
REHABILITATIVE SERVICES (HRS) TO FUND
PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED.
27.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE 108
NEW SPECIAL REVENUE FUND: FEDERAL HOME
11164
INVESTMENT PARTNERSHIP GRANT PROGRAM
7/14/94
(THIRD YEAR) -- APPROPRIATE $3,757,000,
AS APPROVED BY DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FOR
IMPLEMENTATION OF THE HOME INVEST Wr
PARTNERSHIP PROGRAM.
28.
SECOND READING ORDINANCE: ESTABLISH 9
ORDINANCE 109-110
NEW SPECIAL REVENUE FUNDS: (1) JTPA
11165
TITLE II / OLDER WORKER (PY'94); (2)
7/14/94
JTPA TITLE IIA / NEIGHBORHOODS JOBS
PROGRAM (PY'94); (3) JTPA TITLE IIC /
NEIGHBORHOODS JOBS PROGRAM (PY'94); (4)
JTPA TITLE III PAN/AM DISLOCATED
WORKERS PROGRAM (PY'94); (5) JTPA TITLE
III / EASTERN AIRLINES DISLOCATED
WORKERS PROGRAM (PY'94); (6) DHRS / RCA
(PY'95); (7) JTPA TITLE III DISLOCATED
WORKERS PROGRAM (PY'94), (8) JTPA TITLE
IIB SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (PY'94); AND (9)
OFFICE OI' INTERGOVERNMENTAL LIAISON
(PY'94) -- APPROPRIATE, RESPECTIVELY:
(1) $30,000; (2) $800,000; (3)
$800,000; (4) $100,000; (5) $200,000;
(6) $60,000; (7) $400,000; (8)
$685,000; AND (9) 70,000, FROM U.S.
DEPAR7.14EENT OF LABOR GRANT AWARDS --
ACCEPT GRANT AWARDS -- ENTER INTO
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29.
(A) SECOND READING ORDINANCE: AMEND
ORDINANCE
110-114
CODE C-14AP`1.'ER 2 (ADMINISTRATION) ,
11166
SECTION 2-409 (SCHEDULE OF CIVIL
7/14/94
PENALTIES) -- INCREASE DOLLAR AMOUNT OF
i
CIVIL PENALTY FOR VIOLATION OF USING
THE STREET OR SIDEWALK FOR ADVERTISING
/ DISPLAY PURPOSES AND PLACING SIGNS ON
STREET OR SIDEWALK SURFACE.
(B) BRIEF DISCUSSION ON POLITICAL
SIGNS.
30.
FIRST READING ORDINANCE: AMEND CODE
FIRST READING
114-116
CHAPTER 39, ARTICLE II (SIDEWALK AND
ORDINANCE
STREET VENDORS) -- ESTABLISH PROCEDURES
FOR ASSIGZIMEW OF VENDORS TO SPECIFIC
7/14/94
VENDING ZONES IN COCONUT GROVE SPECIAL
VENDING DISTRICT -- PROVIDE FOR VENDING
FRANCHISES AND FRANCHISE FEES.
31.
AUTHORIZE CITY MANAGER TO COMMENCE
R 94-509
116-119
NEGOTIATIONS FOR ACQUISITION OF OLD
7/14/94
UNITED WAY PROPERTY (S.W. 10 STREET AND
S.W. 2 AVENUE) FOR DEVELOPMENT OF A
130-UNIT AFFORDABLE RENTAL HOUSING
PROJECT BY THE DOWNTOWN MIAMI COMMUNITY
DEVELOPMENT CORPORATION.
32.
(A) EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
120-123
INITIAL RESOURCES / APPROPRIATIONS FOR
11167
SPECIAL REVENUE FUND: OPERATION
R 94-510
C.A.R.S. -- ACCEPT GRANT ($45,540) FROM
7/14/94
FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY -- AUTHORIZE MANAGER TO
EXECUTE NECESSARY DOCUMENTS.
(B) URGE FLORIDA DEPARIMEN T OF MOTOR
VEHICLES TO REINSTITUTE MONITORING
OFFICE AT THE PORT OF MIAMI TO
SPECIFICALLY CHECK FOR STOLEN
I`
AUTOMOBI'LES BEING SHIPPED OUT OF THE
i'
COUNTRY IN CONTAINERS.
33.
(A) ALLOCATE $50,000 TO BAYFRONT PARK
R 94-511
123-125
MANAGEMENT TRUST -- FOR MAINTENANCE OF
R 94-512
BICENTENNIAL PARK.
7/14/94
(B) ALLOCATE $30,000 TO BAYFRONT PARK
MANAGEMENT TRUST -- FOR SECURITY AT
j
I
BAYFRONT PARK.
34.
AUTHORIZE EXECUTION of THE FOLLOWING
R 94-513 125-126
AGREEMENTS WITH AETNA LIFE INSURANCE
7/14/94
COMPANY, PERTAINING `10 THE MIAMI
CONVENTION CENTER (400 S.E. 2 AVENUE):
(1) SE'I'PLET*.WF AGREEMENT; (2) LEASE
ASSUMPTION AGREEMENT; (3) PARKING
RIGHTS ASSUMPTION AGREEMENI; AND (4)
AMENDMENT #5 'IO LEASE. ( See label. 4 )
35.
AUTHORIZE EXECUTION OF AMENDMENT 2 TO
R 94-514 127-129
EXISTING AGREEMENT WITH THE YWCA OF
7/14/94
GREATER MIAMI, INC. --- PROVIDE AN
ADDITIONAL $200, 000 1110 COMPLETE
REHABILITATION OF OVERTOWN / CULMER
CHILD DAY CARE FACILITY (1009 N.W. 5
AVENUE), WIli PROVISO -- ALLOCATE FUNDS
FROM 18TH AND 19TH YEAR CDBG FUNDS.
36.
ALLOCATE $25,000 FOR STEPHEN ZACK,
R 94-515 129-132
OUTSIDE COUNSEL ACTING ON T14X CITY'S
7/14/94
BEHALF IN LAWSUIT FILED BY WYNWOOD
DEVELOPMENT CORPORATION AGAINST THE
CITY.
37.
AMEND ORDINANCE 10840, WHICH
ORDINANCE 132-133
ESTABLISHED INITIAL APPROPRIATIONS FOR
FIRST READING
THE COCONUT GROVE SPECIAL EVENTS
7/14/94
DISTRICT FUND - FY 90-91 -- TO PROVIDE
FOR INCREASE OF $70, 000 AS A RESULT OF
ADDITIONAL MONIES DUE TO SUCCESSFUL
COLLECTION OF COCONUT GROVE SPECIAL
EVENS DISTRICT SUPPLEMENTARY USER FEE.
38.
AUTHORIZE AGREEMENT WITH
R 94-516 134-138
METROPOLITAN DADE COUNTY FOR SALE
7/14/94
OF PROPERTY NO. 2, FOR
$6,000,000, SUBJECT TO
CONDITIONS -- SAID SITE PRESENTLY
INTENDED FOR USE AS A DIAGNOSTIC
CENTER FOR THE TRAUMA CENTER, AT
JACKSON MEMORIAL HOSPITAL.
39.
DIRECT CITY ATTORNEY TO INITIATE
R 94-517 139-140
CONDEMNATION PROCEEDINGS TO
7/14/94
ACQUIRE FEE SIMPLE TITLE TO REAL
PROPERTY AT 823, 829, 833 AND 841
N.W. 2 AVENUE -- ENGAGE LAW FIRM
OF WILLIAMS AND CLYNE TO
REPRESENT THE CITY.
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40.
DISCUSSION CONCERNING PROPOSED
M 94-518
MODIFICATION TO PROPOSED CHARTER
7/14/94
AMENDMENT NO. 1 TO BE PRESENTED TO THE
VOTERS AT A SPECIAL CITY OF MIAMI
ELECTION PRESENTLY SCI-1EDULED FOR
NOVEMBER 8, 1994, CONCERNING UNIFIED
DEVELOPMENT PROJECTS.
41.
APPROVE FISCAL YEAR 1993-94 BUDGET FOR
R 94-519
SOUTHEAST OVERTOWN / PARK WEST
7/14/94
COMMUNITY REDEVELOPMENT TAX INCREMENT
TRUST FUND.
42.
ACCEPTANCE OF DONATION TO THE
DISCUSSION
CITY OF VACANT REAL PROPERTY
7/14/94
LOCATED AT 1264 N.W. 31 STREET,
MIAMI, FLORIDA, IN THE ALLAPATTAH
COMMUNITY TARGET AREA. (Note: The
essence of the herein Resolution
was contained iri R-94-385.1,
previously adopted at the meeting
of June 9, 1994.)
43.
APPROVE ADDENDA '1T) GUIDELINES OF
R 94-521
COMMUNITY DEVELOPMENT BLOCK GRANT
7/14/94
(CDBG) FUND SINGE FAMILY
REHABILITATION LOAN PROGRAM AND
AUTHORIZE IMPL12=ATION OF POLICE
OFFICER / PUBLIC SERVICE AIDES
REHABILITATION LOAN PILOT PROJECT AND
PUBLIC WORKS / RIGHT-OF-WAY
IMPROVEMENTS PILOT PROJECT. (Later
modified -- See label 60)
44.
AUTHORIZE DOWNTOWN DEVELOPMENT
R 94-522
AUTHORITY (DDA) TO ESTABLISH PROPOSED
7/14/94
MILLAGE RATE OF .5 MILLS FOR DOWNTOWN
DEVELOPMENT DISTRICT, FOR FISCAL YEAR
OCTOBER 1, 1994 - SEPTEMBER 30, 1995.
45.
AUTHORIZE TRANSFER OF $350,000 TO
R 94-523
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
7/14/94
FROM GENERAL FUND AS ADVANCE PAYMENT OF
AD VALOREM TAXES TO BE RECEIVED FROM
METROPOLITAN DADE COUNTY BEFORE END OF
1994-95 FISCAL YEAR.
46.
AUTHORIZE CITY MANAGER TO ENTER INTO
R 94-524
LICENSE AGREEMENT' WITH GRAN CENTRAL
7/14/94
CORPORATION (GCC) FOR THE RIGHT TO
CONSTRUCT / INSTALL / MAINTAIN NINE
POLES AND STREET LIGHTS ALONG N.W. 1
AVENUE BETWEEN N.W. 8 AND 5 STREETS.
141-143
144
145-147
147-148
149
150
151
47.
AUPHORIZE CONTINUED FINANCING OF
R 94-525
152
PROTRACTED / COMPLEX INVESTIGATIONS --
7/14/94
ALLOCATE $350,000 FROM LAW ENFORCEMENT
TRUST FUND (LErF).
48.
AUPHORIZE FUNDING OF MIAMI POLICE COPS
R 94-526
153-154
AND KIDS ATHLETIC DRUG DIVERSIONARY
7/14/94
PROGRAM --- ALLOC-ATE $133,079 FROM LAW
ENFORCEMENT TRUST FUND (LETF)
49.
ACCEPT BID: M. VILA AND ASSOCIATES,
R 94-527
154-155
INC. ($818,687 TOTAL CONTRACT COST PLUS
7/14/94
$145,615 ESTIMATED EXPENSES) -- FOR
PROJECT: MORRIS PARK STORM SEWER
RETROFITTING PHASE II B-5611 --
ALLOCATE FUNDS FROM CIP 342280 --
EXECUTE CONTRACT.
50.
BRIEF DISCUSSION SEEKING CLARIFICATION
DISCUSSION
155
FROM CITY MANAGER AS TO WHETHER THE
7/14/94
CITY WOULD NEED TO ISSUE STORM SEWER
BONDS -- MANAGER ASSURES COMMISSION
CITY DOES NOT NEED TO GO AFTER SAID
BONDS.
51.
ACCEPT BID: F & L CONSTRUCTION, INC.
R 94-528
156
($368,000 TOTAL CONTRACT COST, PLUS
7/14/94
ESTIMATED EXPENSES OF $57,453) -- FOR
PROJECT: DOWDTPOWN STREET IMPROVEMENTS -
SIDEWALK REBUILDING (IMPACT FEE
PROJECT) B-4570 -- ALLOCATE FUNDS FROM
CIP 341135 -- EXECUTE CONTRACT.
52.
ACCEPT BID: ROYAL ENGINEERING
R 94-529
157
CONSTRUCTION, INC, ($151,360 CONTRACT
7/14/94
COST PLUS $25,673 FOR ESTIMATED
EXPENSES) -- FOR PROJECT: LITTLE HAVANA
SIDEWALKC REBUILDING (IMPACT FEE
PROJECT) B-4567 --- AJ LOCATE FUNDS FROM
CIP 341198 -- FXEC[TrE CONTRACT.
53.
ACCEPT BID: ROYAL ENGINEERING
R 94-530
158
CONSTRUCTION, INC. ($344,500 TOTAL
7/14/94
CONTRACT COST PLUS $53,902 IN ESTIMATED
EXPENSES) -- FOR PROJECT: SILVER BLUFF
STREET IMPROVEMENTTS - SIDEWALK
REBUILDING (IMPACT FEE PROJECT) B-
4569 -- ALLOCATE FUNDS FROM CIP
341121 -- EXECUTE CONTRACT.
54.
ACCEPT BID: LEWIS GREEN CONSTRUCTION,
R 94-531
INC. ($153,980 TOTAL CONTRACT COST PLUS
7/14/94
$26,080 IN ESTIMATED EXPENSES) -- FOR
PROJECT: FLAGAMI SIDEWALK REBUILDING
( IMPACT FEE PROJECT) B-4566 -- ALLOCATE
FUNDS FROM CIP 341199 -- EXECUTE
CONTRACT.
55.
ACCEPT BID: MARIN & MARIN
R 94-532
CONSTRUCTION, INC. ($290,253 TOTAL
7/14/94
CONTRACT COST PLUS $23,220.24 IN
ESTIMATED EXPENSES) -- FOR PROJECT:
MARINA IMPROVEMENTS - MIAMI YACHT CLUB
H-1068 -- ALLOCATE FUNDS FROM CIP
311808 -- EXEC'UI'E CONTRACT.
56.
AUTHORIZE INCREASE IN CONTRACT (NOT TO
R 94-533
EXCEED $43,000) WITH HORIZON
7/14/94
CONTRACTORS, INC. -- FOR PROJECT:
OVERTOWN COMMUNITY DEVELOPMENT STREET
IMPROVEMEW-PHASE ONE B-4553 --
ALLOCATE FUNDS FROM CIP 3413.81.
57.
(A) INQUIRY OF THE CITY MANAGER
DISCUSSION
CONCERNING RECENT PROPOSAL BY METRO
7/14/94
COMMISSIONER ART TEELE THAT THE CITY
AND COUNT'X JOIN HANDS IN CONNECTION
WITH THE OVERTOWN PARK WEST DEVELOPMENT
PROTECT -- MANAGER SEEKS COMMISSION
DIRECTION A.S TO WHETHER THE COMMISSION
IS INTERESTED IN CITY'S PROPOSAL --
COMMISSION REQUESTS FULL INFORMATION
CONCERNING ISSUE BEFORE FINAL, DECISION
IS MADE.
(B) BRIEF COMMENTS CONCERNING THE ST.
HUGH OAKS PROJECT.
58.
INQUIRY CONCERNING STATUS OF HEALTH
DISCUSSION
INSURANCE BENEFITS TO CITY BOARD
7/14/94
MEMBERS --- ISSUE DEFERRED TO BE
DISCUSSED AT BUDGET TIME.
159-160
160-161
162-164
164-170
170-171
60.
(Continued) AMEND PREVIOUSLY
R 94-534 176-178
ADOPTED RESOLUTION 94-521 (WHICH
7/14/94
RESOLUTION APPROVED ADDENDA TO
GUIDELINES OF COMMUNITY
DEVELOPMENT BLOCK GRANT [CDBG]
FUND SINGLE FAMILY REHABILITATION
LOAN PROGRAM AND AUTHORIZED
IMPLEMENTATION OF POLICE OFFICER
/ PUBLIC SERVICE AIDES
REHABILITATION LOAN PILOT PROJECT
AND PUBLIC WORKS / RIGHT-OF-WAY
IMPROVEMENTS PILOT PROJECT);
THEREBY: (1) AFFORDING THIS
OPPORTUNITY TO ALL CITY OF MIAMI
EMPLOYEES, AND (2) PROVIDING THE
SAME TYPE OF LOAN (AT 3%) TO
EMPLOYEES RESIDING OUTSIDE THE
TARGET AREA, WHENEVER LEGALLY
POSSIBLE. (See label 43)
61.
CODESIC94ATE INTERSECTION OF FLAGLER
R 94-535 178-180
STREET AT 37 AVENUE AS "TONY CUESTA
7/14/94
WAY."
62.
AUTHORIZE LOAN / GRANT ($600,000) FROM
R 94-536 180-182
FY 1994 HOME INVESTMENT PARTNERSHIP
7/14/94
PROGRAM TO EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION -- FOR PURPOSE
OF DEVELOPING CASA GRANDE, A 104-UNIT
ELDERLY HOUSING PROJECT, PLANNED FOR
DEVELOPMENT ON SIX VACANT PARCELS AT
S.W. 9 AVENUE AND S.W. 8 STREET.
63.
APPROVE GRANT OF EASEMENT TO BELL SOUTH
R 94-537 182-183
TELECOMMUNICATIONS, INC. (d/b/a
7/14/94
SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY) -- FOR CONSTRUCTION /
INSTALLATION / MAIN'TENANCE OF A NEW
FIBER OPTICS TELEPHONE SERVICE AND
APPURTENANCES UNDER AND THROUGH THE
CITY OF MIAMI FIRE TRAINING CENTER
(LOCATED AT 3425 JEFFERSON STREET).
64.
GENERAL COMMENTS BY COMMISSIONER
DISCUSSION 183-184
PLUMMER CONCERNING THE JENNINGS RULE,
7/14/94
WHILE WAITING FOR A QUORUM OF THE CITY
COMMISSION TO BE PRESENT.
65. (A) APPROVE CHIEF PROCUREMENT R 94-538
OFFICER'S REJECTION OF PROTEST BY R 94-539
MET CONSTRUCTION, INC., IN 7/14/94
CONNECTION WITH BID NO. 93--94-
132: HADLEY PARK OLYMPIC POOL
COMPLEX.
(B) AWARD BID TO: SEALAND
CONTRACTORS, INC. ($2,448,415) ---
FOR PROJECT: OLYMPIC POOL COMPLEX
AT CHARLES HADLEY PARK - B-
6211 -- ALLOCATE FUNDS FROM CIP
331349 --- EXECUTE CONTRACT.
(C) COMMISSIONER DE YURRE
COMMENTS ON PRESSING NEED FOR A
YOUTH CENTER TO BE ESTABLISHED AT
CURTIS PARK, AS A COMPONENT TO
THE POOL AND IN ORDER TO HOUSE
AND PROVIDE FOR OTHER ACTIVITIES
AND ENTERTAINMENT FOR THE
COMMUNITY -- REQUEST
ADMINISTRATION TO RESEARCH THE
ISSUE AND COME BACK FOR FURTHER
COMMISSION CONSIDERATION.
66. (A) DENY APPEAL OF STEVEN R 94-540 200-236
POLAKOFF AND MICHAEL CARVER -- R 94-541
REVERSE HISTORIC AND 7/14/94
ENVIRONMENTAL PRESERVATION
BOARD'S DECISION WHICH HAD
AUTHORIZED A CERTIFICATE OF
APPROPRIATENESS FOR CONSTRUCTION
OF A WALL, FENCE AND DRIVEWAY AT
759 N.E. 57 STREET (WITHIN
MORNINGSIDE HISTORIC DISTRICT).
(B) GRANT APPEAL OF JESSE H.
DINER, PIERCE H. MULLALLY AND
JOHN R.W. PARSONS -- REVERSE
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DECISIONQ
WHICH HAD AUTHORIZED A
CERTIFICATE OF APPROPRIATENESS
FOR CONSTRUCTION OF A WALL, FENCE
AND DRIVEWAY AT 759 N.E. 57
STREET (WITHIN MORNINGSIDE
HISTORIC DISTRICT).
I
El
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of July, 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 9:08 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to he. present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner Wit -redo Gort
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
-------------------------------------------------
NOTE FOR THE RECORD: At this point, Commissioner De Yurre
informs the Commission that he has to appear in Court and will be
absent for the morning session of the meeting. He left the meeting at
9:10 a.m.
-------------------------------------------------
-------------------------------------------------
NOTE FOR THE RECORD: At this point, Vice Mayor Dawkins
proposed that Agenda item 13 (Discussion concerning whether or not to
pay the legal fees of Black & Furci) be postponed until Commissioner De
Yurre is present.
-------------------------------------------------
July 14, 1994
`"
IRS
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Certificate. of Appreciation: Boy Scout Troop No. 50, Calusa District -- for their
participation in four Saturday cleanup events coordinated by Downtown NET.
City Seal Medallions: Presented to Den mothers: Ms. Velma Eason and Ms. Dalian
Sanchious, and Chairman: Ms. Jennifer Butler.
NOTE FOR THE RECORD: Prior- to the beginning of the meeting,
Administration had wit drawn the following agenda items: 17, 30,
31, 44, CA-20, and CA-21
---------------------------- •-------------------------------------------------------------------------------------
2. (A) CONSENT AGENDA.
(B) REAFFIRM CITY COMMISSION POLICY THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED FOR FURTHER DISCUSSION
} AND/OR CLARIFICATION WILL BE AUTOMATICALLY
WITHDRAWN AND SCHEDULED AS A REGULAR ITEM ON THE
i
NEXT REGULARLY SCHEDULED MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Items to be pulled... We'd he out of here at nine -thirty if we'd started.
Vice Mayor Dawkins: Fourteen.
Commissioner Plummer: Consent agenda?
Vice Mayor Dawkins: Yeah, 14.
Commissioner Plummer: Items I want pulled, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Item 2, 4, 14, 15 and 26.
Mayor Clark: Two, 4, 14... other two?
Ms. Matty Hirai: Fiftten.
Commissioner Plummer: Fifteen and 26.
Commissioner Plummer: Yes, sir.
Mayor Clark: All right, sir. Yes, sir. Mr. Gort, you have the microphone.
2 July 14, 1994
Commissioner Gort: We have a young kid working with us today, helping his mom out. Elvi's
son, Omar Ricardo, where is he at? Would you stand for a minute? I hope you learn a lot.
Thank you for being here with us.
(APPLAUSE)
Commissioner Plummer: Mr. Mayor, if there's no other extractions from the consent agenda, I
move it be approved.
Mayor Clark: All right. Is there a second?
Commissioner Gort: Second.
Mayor Clark: All right. If there's no exception, call the roll, Madam Clerk.
Commissioner Plummer: Before the vote on adopting items included in the consent agenda is
taken, is there anyone present who is an objector or proponent that wishes to speak on any item
in the consent agenda?
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Plummer: Hearing none...
Mr. Gonzalez-Goenaga: Yes, yes.
Commissioner Plummer: ... the vote on the adoption of the consent agenda will now he take...
You have a...
Mr. Gonzalez-Goenaga: Yes.
Commissioner Plummer: Mr. Mayor, you do have an objection on an item on the consent
agenda.
Mayor Clark: Mr. Plummer, did you withdraw 15, also?
Commissioner Plummer: Yes, sir.
Mayor Clark: All right, sir, fine.
Commissioner Plummer: Uh-huh. Two, 4, 14, 15 and 26 for discussion.
Mayor Clark: Got them. Yes, sir. All right.
Commissioner Plummer: You have a speaker there that wishes to speak to an item on the
consent.
Mayor Clark: On the consent agenda. Are you on the consent agenda?
Mr. Gonzalez-Goenaga: Yes.
Mayor Clark: Give us your name and address, please.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. My address is in Miami,
Florida. plumber...
3 July 14, 1994
Commissioner Plummer: Manny, what item number?
I Mr. Gonzalez-Goenaga: Item 10.
Commissioner Plummer: Consent 10.
Mr. Gonzalez-Goenaga: Ten. Accepting bid for the printing of the Police Department annual
report. I do not have arty quarrel...
Commissioner Plummer: If we're going to go privatization, why buy more equipment?
Mr. Gonzalez-Goenaga: ... with the amount of money involved, but my concern is that being an
annual report of the Police Department, just like in any public corporation, the good, the bad and
the ugly must appear. Because if we are going to spend nine thousand just to say how good the
Police Department of the City of Miami has been performing, how good all the officers, that
there are no had apples. That... Then, we don't need that. This is a... This would he a waste of
money. I urge that a roll, fair, honest disclosure of the good, the had and the ugly of the Police
Department.
Mayor Clark: Thank you for your comments. Please, have a seat.
Commissioner Plummer: Can I... Mr. Mayor, may I ask, Joe, how many of these copies are
printed, and where do they go? I mean, you know, it's ten thousand dollars. Is this... for what
purpose? It's ninety-five hundred dollars. You know, I mean, if they're sitting in a closet doing
nothing...
Lt. Joseph Longueira: No, sir. They're distributed...
Commissioner Plummer: Joe, send me a memo telling me where they go and what they're used
for.
Lt. Longueira: OK.
Commissioner Plummer: Thank you, Mr. Mayor.
Mayor Clark: All right. Any further discussion? Yes, ma'am.
Vice Mayor Dawkins: No, not on that. Call the roll.
Mayor Clark: Call the roll, ma'am.
NOTE FOR THE RECORD: BY CONSENSUS OF THE CITY
C?3MMISSION, IT HASB DETERMINED THAT A CONSENT
AGENDA ITEM, ONCE PULLED BY A GIVEN COMMISSIONER
TO SEEK FURTHER CLARIFICATION ON A GIVEN ITEM, SAID
ITEM WILL AUTOMATICALLY BE DEFERRED AND
SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE
AGENDA.
4 July 14, 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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayer Stephen P. Clark
NOES: None.
ABSENT: Commissioner Victor De Yurre
2.1 ACCEPT BID: RAMON LORENTE, CORP -- FOR FURNISHING / INSTALLATION
OF A FENCE AT CURTIS PARK -- ALLOCATE $15,736.75.
RESOLUTION NO. 94-468
A RESOLUTION ACCEPTING THE BID OF RAMON LORENTE,
CORP. FOR THE FURNISHING AND INSTALLATION OF A FENCE
AT CURTIS PARK AT A TOTAL PROPOSED COST OF $15,736.75;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 451552-
860, PROJECT NO. 703607; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2 AUTHORIZE FUNDING OF MODEL CITY CRIME PREVENTION SUB -
COUNCIL -- ALLOCATE $36,864 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
RESOLUTION NO. 94-469
A RESOLUTION AUTHORIZING THE FUNDING OF THE MODEL
CITY CRIME PREVENTION SUB -COUNCIL, AND ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT OF $36,864, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX
CODE 029002-247, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.705.5.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
j
5 July 14, 1994
2.3 AUTHORIZE CONTRIBUTION TO THE YOUTH CRIME AND DRUG
PREVENTION SOCCER LEAGUE -- ALLOCATE $61,092 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-470
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE
YOUTH CRIME AND DRUG; PREVENTION SOCCER LEAGUE, IN
AN AMOUNT NOT TO EXCEED $61,092 AND ALLOCATING
FUNDS THEREFOR FROM 'I1-II? LAW ENFORCEMENT TRUST
FUND, PROJECT NO. 690001, INDEX CODE 290904-996, SUCH
EXPENDITURE HAVING I3EEN CERTIFIED BY THE CHIEF OF
POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055.
(Here follows body of resolution, emitted here and on file in the Office of
the City Clerk.)
2.4 ACCEPT BID: UNISYS CORPORATION -- FOR FURNISHING 14 NEW PRINTERS,
FOR POLICE DEPARTMENT.
RESOLUTION NO. 94-471
A RESOLUTION ACCEPTING THE BID OF UNISYS
CORPORATION FOR THE FURNISHING OF FOURTEEN (14) NEW
PRINTERS, IN A PROPOSED AMOUNT OF $6,266.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT E-911 SPECIAL REVENUE
FUND, PROJECT NO. 196002, ACCOUNT CODE NO. 290461-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCTTHE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
6
July 14, 1994
2.5 ACCEPT BID: UNISYS CORPORATION -- FOR FURNISHING DCA/ICC
SOFTWARE AND HARDWARE PRODUCTS (AS PURCHASES BECOME
NECESSARY) FOR VARIOUS CITY DEPARTMENTS -- OPTION FOR
EXTENSION OF CONTRACT SUBJECT TO AVAILABILITY OF FUNDS.
RESOL,LTTION NO. 94-472
A RESOLUTION ACCEPTING THE BID OF UNISYS
CORPORATION FOR THE FURNISHING OF DCA/ICC SOFTWARE
AND HARDWARE PRODUCTS, AS PURCHASES BECOME
NECESSARY, FOR VARIOUS CITY DEPARTMENTS, ON A
CONTRACT BASIS I�OR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO ADDITIONAL ONE, (1) YEAR PERIODS AT
PRICES STIPULATED ON BID NO. 94-94-075R I*OR THE
DEPARTMENT OF MANAGEMENT AND BUDGET/COMPUTERS
DIVISION: ALLOCATING FUNDS THEREFOR FROM THE
VARIOUS CITY DEPARTMENTS' APPROVED OPERATING
BUDGET ON AN "AS NEEDED BASIS"; AUTHORIZING THE CITY
MANAGER TO INSTRUCTTHE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THESE PRODUCTS, AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO
ADDITIONAL ONE (1) YEAR PERIODS. AT THE SAME PRICE,
TERMS AND CONDITIONS AS STIPULATED IN THE ABOVE
` CITED BID NUMBER, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 ACCEPT BID: ATLANTIC AUTO SUPPLY -- FOR FURNISHING TWO
ASYMMETRIC HYDRAULIC LIFTS -- FOR DEPARTMENT OF GSA & SOLID
WASTE / MOTOR POOL DIVISION -- ALLOCATE $9,190.
RESOLUTION NO. 94-473
A RESOLUTION ACCEPTING THE BID OF ATLANTIC AUTO
SUPPLY FOR THE FURNISHING OF TWO (2) ASYMMETRIC
HYDRAULIC LIFTS FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL
DIVISION, AT A TOTAL PROPOSED COST OF $9,190.00;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL
DIVISION ACCOUNT CODE NO. 421707-840, PROJECT NO. 503001;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 July 14, 1994
2.7 ACCEPT BID: SAEZ REFRIGERATION, INC. -- FOR FURNISHING SIX
AUTOMOTIVE FREON CYLINDERS -- FOR DEPARTMENT OF GSA & SOLID
WASTE / MOTOR POOL DIVISION -- ALLOCATE $7,163.16.
2.8
RESOLUTION NO. 94-474
A RESOLUTION ACCEPTING'TI IE BID OF SAEZ REFRIGERATION,
INC. FOR THE FURNISLi1NG OF SIX (6) AUTOMOTIVE FREON
CYLINDERS FOR THE DEPARTMENT 'OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION
AT A TOTAL PROPOSED COST OF $7,163.16; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION
ACCOUNT CODE NO. 421701-720; AUTHORIZING THE CITY
MANAGER TO INSTRUCTTHE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
ACCEPT BID: SOLO PRINTING, INC. -- FOR PRINTING / BINDING OF POLICE
DEPARTMENT'S ANNUAL REPORT-- ALLOCATE $9,500.
RESOLUTION NO. 94-475
A RESOLUTION ACCEPTING THE BID OF SOLO PRINTING, INC.
FOR THE PRINTING AND BINDING OF THE POLICE
DEPARTMENT'S ANNUAL REPORT AT A PROPOSED AMOUNT
OF $9,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1993-
94 POLICE DEPARTMENT OPERATING BUDGET, ACCOUNT
CODE NO. 290201-680; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9 AUTHORIZE PAYMENT OF $50,000 AS REWARD FOR INFORMATION WHICH
LED UP TO OR RESULTED IN THE ARREST AND CONVICTION OF KILLER(S)
OF CITY OF NORTH MIAMI POLICE OFFICER STEVEN BAUER.
RESOLUTION NO. 94-476
A RESOLUTION AUTHORIZING PAYMENT IN THE AMOUNT OF
$50,000 TO THE OFFICE OF THE CHIEF OF POLICE OF THE CITY
OF NORTH MIAMI, FLORIDA, SAID PAYMENT OFFERED BY THE
CITY OF MIAMI AS REWARD FOR INFORMATION WHICH LED
UP TO OR RESULTED IN THE ARREST AND CONVICTION OF
THE KILLER(S) OF CITY OF NORTH MIAMI POLICE OFFICER
STEVEN BAUER; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI GENERAL FUND, FY'93-94 FOR SAID PAYMENT.
8 July 14, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.10 ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. -- TOTAL BID FOR
PROJECT: EDISON SIDEWALK REBUILDING (IMPACT FEE PROJECT) B-4569 --
ALLOCATE $81,431 FROM CIP 341 195 -- EXECUTE CONTRACT.
RESOLUTION NO. 94-477
A RESOLUTION ACCEPTING THE BID OF LEWIS GREEN
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF
$67,950.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED "EDISON SIDEWALK IZE13UILDING (IMPACT FEE
PROJECT) B-4568"; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJEC"I' NO. 341195, AS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED, IN
THE AMOUNT OF $67,950.00, TO COVER THE CONTRACT COST
AND $13,481.00 TO COVER THE ESTIMATED EXPENSES, FOR. AN
ESTIMATED TOTAL COST OF $81,431.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11 ACCEPT DONATION OF VACANT REAL PROPERTY LOCATED AT 1405 N.W. 61
STREET -- TO BE USED FOR EXPANSION OF AFRICAN SQUARE (SUBJECT TO
EXAMINATION / APPROVAL OF ABSTRACT AND OPINION OF TITLE) --
ALLOCATE $12,000 FROM CDBG FUNDS.
RESOLUTION NO. 94-478
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
DONATION OF VACANT REAL PROPERTY LOCATED AT 1405
NORTHWEST 61 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY AND LEGALLY DESCRIBED IN EXHIBITS "A"
AND "B" ATTACHED HERETO, TO BE USED FOR THE
EXPANSION OF AFRICAN SQUARE PARK, SUBJECT TO
EXAMINATION AND APPROVAL OF THE ABSTRACT AND THE
OPINION OF TITLE FOR THE SUBJECT PROPERTY BY THE CITY
ATTORNEY; ALLOCATING FUNDS IN AN AMOUNT NOT TO
EXCEED $12,000 FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, PROJECT NUMBER 331053, INDEX CODE
58910.1-270, FOR PAYMENT OF UNPAID LIENS, RECORDING
FEES, TITLE INSURANCE AND RELATED COSTS ASSOCIATED
WITH THE ACCEPTANCE OF THIS DONATION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 July 14, 1994
Im
2.12 AMEND RESOLUTION 93-226, WHEREBY EXECUTION OF MEMORANDUM(S)
OF AGREEMENT WAS AUTHORIZED WITH MUNICIPALITIES FOR PURPOSES
OF CREATING AN URBAN SEARCH AND RESCUE TASK FORCE -- AUTHORIZE
EXECUTION OF MEMORANDUM(S) OF AGREEMENT WITH VILLAGE OF KEY
BISCAYNE AND ANY OTHER LOCAL GOVERNMENTS (APPROVED BY FIRE
CHIEF AND CITY MANAGER).
RESOLUTION NO. 94-479
A RESOLUTION, WITH ATTACHMENT(S), AMENDING
RESOLUTION NO. 93-226, ADOPTED APRIL 15, 1993, WHEREBY
THE CITY AUTHORIZED THE CITY MANAGER 'TO EXECUTE
MEMORANDUMS OF AGREEMENT BETWEEN THE CITY OF
MIAMI, AND SEVERAL MUNICIPALITIES FOR PURPOSES OF
CREATING, AN URBAN SEARCH AND RESCUE TASK FORCE,
THEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM(S) OF AGREEMENT WITH THE VILLAGE OF
KEY BISCAYNE AND ANY OTHER LOCAL GOVERNMENTS,
APPROVED BY THE FIRE CHIEF AND THE CITY MANAGER, AS
PARTICIPANTS IN SAID TASK FORCE.
(Here follows body of resolution, emitted here and on file in the Office of
the City Clerk.)
2.13 AUTHORIZE AGREEMENT WITH HOUSING OPPORTUNITIES PROJECT FOR
EXCELLENCE, INC. (HOPE) -- TO PROVIDE AN ADMINISTRATIVE GRANT
($50,000) FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT AND
EDUCATIONAL OUTREACH ACTIVITIES WITHIN CITY'S HOUSING
PROGRAMS -- ALLOCATE FUNDS FROM CDBG PROGRAM.
RESOLUTION NO, 94-480
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC., (HOPE), A
FLORIDA NONPROFIT CORPORATION, TO PROVIDE AN
ADMINISTRATIVE GRANT IN THE AMOUNT OF $50,000 FOR THE
IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT AND
EDUCATIONAL OUTREACH ACTIVITIES WITHIN THE CITY'S
HOUSING PROGRAMS, WITH FUNDS THEREFOR BEING
ALLOCATED FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 July 14, 1994
1:1`4
2.14 AUTHORIZE EXECUTION OF AMENDMENT TO EXISTING CONTRACT WITH
MIAMI-DADE COMMUNITY COLLEGE (M-DCC) -- FOR CITY'S RENDERING OF
IN-SERVICE FIRE TRAINING -- EXTEND CONTRACT (AUGUST 1, 1994-JULY
31, 1995) -- ALLOCATE FUNDS.
RESOLUTION NO. 94-481
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE? AN AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED DORM, TO 'THE EXISTING
CONTRACT BETWEEN 'THF. CITY OF MIAMI AND MIAMI-DADE
COMMUNITY COLLEGE (M.D.C.C.), FOR THE CITY'S
RENDERING OF IN-SERVICE FIRE 'TRAINING, THEREBY
EXTENDING THE PERIOD OF SAID CONTRACT FROM AUGUST 1,
1994 THROUGH JULY 31, 1995: ALLOCATING FUNDS THEREFOR
FROM THE FIRE -RESCUE DEPARTMENT'S GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 280201-I80.
(Here follows body of resolution, emitted here and on file in the Office of
the City Clerk.)
2.15 APPROVE, IN PRINCIPLE, DESIGNATION OF RAFAEL HERNANDEZ HOUSING
AND ECONOMIC DEVELOPMENT CORPORATION AS SPONSOR TO
UNDERTAKE DEVELOPMENT OF THREE NEW SINGLE FAMILY HOMES
AFFORDABLE TO LOW / MODERATE INCOME FAMILIES / INDIVIDUALS -- ON
CITY -OWNED VACANT PARCELS IN WYNWOOD NEIGHBORHOOD, SUBJECT
TO CONDITIONS.
RESOLUTION NO. 94-482
A RESOLUTION, WITH ATTACHMENTS, APPROVING IN
PRINCIPLE, THE DESIGNATION OF THE RAFAEL HERNANDEZ
HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, A
NOT -FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE
THE DEVELOPMENT OF THREE (3) NEW SINGLE FAMILY
HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW
AND MODERATE INCOME ON SEVERAL, CITY -OWNED VACANT
PARCELS LOCATED IN THE WYNWOOD NEIGHBORHOOD,
WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED
IN THE ATTACHED EXHIBIT "A", SUBJECT TO SAID
CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE
CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION
AND PERMANENT FINANCING; DIRECTING RAFAEL
HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT
CORPORATION TO PREPARE AND FINALIZE PROJECT PLANS
AND SPECIFICATIONS, CONSTRUCTION AND PERMANENT
FINANCING, AND CONSTRUCTION SCHEDULE TO BE
SUBMITTED WITHIN TWELVE (12) MONTHS OF THE DATE OF
THIS ACTION FOR FINAL CONSIDERATION AND APPROVAL BY
THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 July 14, 1994
2.16 CLAIM SETTLEMENT: GABRIEL CASTELLON ($25,000).
RESOLUTION NO. 94-483
A RESOLUTION AUTHORIZING 'I'IJE DIRECTOR OF FINANCE TO
PAY GABRIEL CASTEL,LON THE' SUM OF $25,000 IN FULL AND
COMPLETE SATISFACTION OF ANY AND ALL CLAIMS,
DEMANDS, AND JUDGMENTS FOR ATTORNEY'S PEES AGAINST
THE CITY OF MIAMiPtIRSl1AN'I' r['O 'I'I{R FINAL .ITT
, . DGMENT
FOR ATTORNEY'S Fh,ES FOR PI,AIN'I'IFF ACdAINS"I"I'IlE CITY OF
MIAMI, AS ORDERED 1.3Y JUDGL MARTIN D. KAHN OF THE
ELEVENTH JUDICIAL CIRCUITON APRIL 22, 1994, CASE NO. 90-
59075 (CA 23), WITH SAID FUNDS TO BE PROVIDED FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND.
(Here follows holy of resolution, omitted here and on file in the Office of
the City Clerk.)
2.17 RATIFY CITY MANAGER'S ACTION IN AWARDING FORMAL BID FOR ROOF
REPLACEMENT AT GIBSON PARK TO J. VALIENTE ROOFING, INC. --
ALLOCATE $39,448 FROM CIP 331341 (GIBSON PARK RENOVATIONS).
RESOLUTION NO. 94-484
A RESOLUTION, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S ACTION IN AWARDING THE FORMAL
BID FOR ROOF REPLACEMENT AT GIBSON PARK TO J.
VALIENTE ROOFING, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, IN THE AMOUNT OF$39,448, WITH
FUNDS THEREFOR ALLOCATED FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT #331341 "GIBSON PARK
RENOVATIONS."
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
12 July 14, 1994
2.18 RESCIND RESOLUTION 94-277, WHEREBY BID OF J.C.I. INTERNATIONAL,
INC. WAS ACCEPTED FOR PROJECT: CITYWIDE SIDEWALK REPLACEMENT
PHASE V B-4558 -- NULLIFY CONTRACT -- DIRECT MANAGER TO SEEK NEW
BIDS.
RESOLUTION NO. 94-485
A RESOLUTION RESCINDING RESOLUTION NO. 94-277,
ADOPTED APRIL 14, 1994, WHI REBY THE BID OF J.C.I.
INTERNATIONAL,, INC., WAS AC'C 'T'ITD FOR THE PROJECT
ENTITLED "CITYWIDE SIDEWALK REPL.ACF.,MENT PHASE V B-
4558" (THE "PROJECT"). AtJ"I'1-101ZIZING 'i'1IL; CITY MANAGER TO
NULLIFY THE CONTRAC'"]' BETWEEN T'1I1 CITY OF MIAMI AND
J.C.I. INTERNATIONAL., INC'., FOR SAID PROJI-C'T BY REJECTING
ALL BIDS RECEIVED BYTHE HE CITY IN CONNECTION WITH SAID
PROJECT; FURTHER, DIRECTING THE CITY MANAGER TO SEEK
NEW BIDS BASED ON SUCH SPECIFICATIONS AS HE DEEMS
APPROPRIATE AND TO BRING BACK SAID BIDS TO THE CITY
COMMISSION FOR REVIEW AND APPROVAL.
(Here fellows hotly of resolution, omitted here and on file in the Office of
the City Clerk.)
2.19 ACCEPT PROPOSED DONATION OF THREE REFRIGERATED / INSULATED
TRAILERS (COMBINED VALUE $18,000) FROM (a) XTRA CORPORATION,
TRANSPORT INTERNATIONAL POOL, INC., AND (h) PLM INTERNATIONAL,
INC. -- FOR USE BY FIRE -RESCUE DEPARTMENT TO TRANSPORT / STORE
URBAN SEARCH AND RESCOE (USAR) AND DISASTER MEDICAL
ASSISTANCE TEAM (DMAT) EQUIPMENT -- AUTHORIZE MANAGER TO
ACCEPT FUTURE DONATIONS.
RESOLUTION NO. 94-486
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT THE PROPOSED DONATION OF THREE (3)
REFRIGERATED/INSULATED TRAILERS, WITH A COMBINED
VALUE OF APPROXIMATELY $18,000, FROM XTRA
CORPORATION, TRANSPORT INTERNATIONAL POOL, INC. AND
PLM INTERNATIONAL, INC., FOR USE BY THE DEPARTMENT OF
FIRE -RESCUE FOR THE, PURPOSE OF TRANSPORTING AND
STORING URBAN SEARCH AND RESCUE (USAR) AND DISASTER
MEDICAL ASSISTANCE TEAM (DMAT) EQUIPMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT FUTURE
DONATIONS, FROM TIME TO TIME AND FROM OTHER
SOURCES, NEEDED FOR THE CITY'S USAR AND DMAT
PROGRAMS, UPON THE CITY MANAGER'S FINDING THAT SAID
DONATIONS ARE NECESSARY FOR THESE PROGRAMS AND
WILL NOT NEGATIVELY IMPACT AND/OR BECOME AN UNDUE
FINANCIAL BURDEN TO THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 July 14, 1994
2.20 AUTHORIZE CITY MANAGER TO ISSUE INVITATION FOR BIDS FOR SALE OF
CITY -OWNED PROPERTY AT 5500 N.W. 17 AVENUE.
RESOLUTION NO. 94-487
A RESOLUTION AUTLIORIZING TIIE CITY MANAGER TO ISSUE
AN INVITATION FOR BIDS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE SALE OF THE CITY -OWNED
PROPERTY LOCATI D AT 5500 NORTHWF,ST 171'11 AVENUE,
MIAMI, FLORIDA, MORN, PARTICULARLY DESCRIBED AS LOT
24, BLOCK 13, FLORA PARK ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT I300K 5, PAGE 53 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO
APPLICABLE CITY CHARTER AND CODE PROVISIONS.
(Here follows body of resolution, emitted here and on file in the Office of
the City Clerk.)
Commissioner Plummer: Item number 2, Mr. Mayor, is mine, and I'm very simply questioning
why we're buying more sanitation...
Vice Mayor Dawkins: Hey, it' it's the consent agenda, it's supposed to be moved to the next
item - I mean next agenda.
Commissioner Plummer: Oh. If that's what you want to do, that's fine with me.
Vice Mayor Dawkins: Yeah, fine. That's what I want to do.
Mr. Odio: But Miller, Miller, please, please.
Vice Mayor Dawkins: No, that's what I want to do. I mean, that's the procedure. If you pull it
from the agenda, it goes to the next agenda.
Commissioner Plummer: As a regular item, that's correct.
Vice Mayor Dawkins: That's right. That's right. That's our procedure.
Mayor Clark: So what items would those be, now?
Vice Mayor Dawkins: So all of them will go to the next...
Commissioner Plummer: Two... My items, Mr. Mayor were... Hold on, let me go back. Two...
Mayor Clark: Two, 4, 15 and 26.
Commissioner Plummer: ... 14, 15, and 26.
Mayor Clark: They go to the next consent agenda. Motion and...
Vice Mayor Dawkins: Next regular agenda.
Mayor Clark: Next regular agenda.
14 July 14, 1994
Commissioner Plummer: No. What the policy that was adapted was, is that if an item was
pulled from the consent, then it would carry over automatically to the next agenda as a regular
agenda item.
Mayor Clark: That's what he said.
Commissioner Plummer: That's the item. Yeah.
Mayor Clark: Motion on that? Moved by Mr. Dawkins. Second. All in favor, signify by saying
"aye." This will bring it up to date.
Commissioner Plummer: Aye, aye.
Mayor Clark: Classify...
Commissioner Plummer: OK.
Mayor Clark: Cast a unanimous ballot.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-488
! A MOTION REAFFIRMING PRIOR CITY COMMISSION POLICY THAT ANY
AGENDA ITEM THAT IS PULLED FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION OR CLARIFICATION WILL BE AUTOMATICALLY
PLACE BY THE ADMINISTRATION AS A REGULAR ITEM ON THE NEXT CITY
COMMISSION MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Plummer: So now we go to the regular agenda, correct?
Mayor Clark: Regular agenda.
Commissioner Plummer: OK. We'll be out of here at 9:15.
15 July 14, 1994
----------------------------------------------------------------------------------------------------------------
3. DISCUSS AND DEFER (TO SEPTEMBER MEETING) CONSIDERATION OF
PROPOSED RESOLUTION CONCERNING POSSIBLE PAYMENT OF
LEGAL FEES TO BLACK & FURCI IN CONNECTION WITH THEIR
REPRESENTATION OF WILLIAM LOZANO.
Vice Mayor Dawkins: Mr. Mayor, he wants to tell you... lie wants to say something.
Mayor Clark: Yes, sir. Give us yoin- name and address, please.
Mr. Ralph Packingham: Good morning, Mr. Mayor and Commissioners. My name is Ralph
Packingham, from Floral Park Homeowners' Association. And we would like to know...
Commissioner Plummer: What item are you here on, Ralph'?
Mr. Packingham: The Roy Black payment. We'd like to know...
Mayor Clark: More than likely, it won't be heard until after 2:30.
Commissioner Plummer: Mr. Mayor, for Ralph's... I will move at that time that this item be
deferred. We received word from the attorney who represents Mr. Black if that isn't funny - that
she is ill and will not be here, and, Mr. Mayor, I will, at the time, ask that that matter be deferred
until at least the next meeting.
Mr. Packingham: 'Thank you very much.
Commissioner Plummer: Ralph, for your information, I assume the colleagues will go along
with it, but that will be my action at that time.
Mayor Clark: All right. There's a motion and a second to defer to the next agenda. Call the
roll, Madam Clerk.
Vice Mayor Dawkins: The next regular agenda, or the next... next regular or... Go right ahead,
Mr. Manager, sir.
Mr. Cesar Odio (City Manager): I already... The agenda of the 26th is heavily over...
Commissioner Plummer: Well, whatever is the next available agenda, Mr. Manager.
Mr. Odio: I mean, we are overloaded. We just moved... We just moved five items.
Vice Mayor Dawkins: So this will be the September meeting.
Mr. Odio: September meeting.
Commissioner Plummer: Whatever is the next available meeting.
Mayor Clark: Call the roll, Madam Clerk.
16 July 14, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-489
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13 (PROPOSED
RESOLUTION AUTHORIZING PAYMENTOF LEGAL. FEES TO THE LAW FIRM
OF BLACK &. FURCI FOR REPRESENTATION OF WILLIAM LOZANO IN THE
CASE OF THE STATE OF FLORIDA VS, WILLIAM LO_ZANO, TO THE NEXT
CITY COMMISSION MEETING AS REGULAR AGENDA ITEM.
Upon being seconded by Vice Mayer Dawkins, the motion was passed and adapted by
the fallowing vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mr. Packingham: Thank you very much.
Mayor Clark: So you don't have to wait around, Ralph.
Commissioner Gort: Mr. Mayor, may I ask a question.
Mayor Clark: Yes.
Commissioner Gort: Mr. Mayor, I'm a little confused. The next meeting, I thought we had
changed it to the 21st.
Mr.Odio: Twenty-sixth.
Commissioner Gort: It is the 26th?
Commissioner Plummer: Yeah.
Commissioner Gort: Thank you.
Commissioner Plummer: I'd like to cancel it, but...
17 July 14, 1994
PON
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----------------------------------------------------------------------------------------------------------------
4. (A) INSTRUCT CITY ATTORNEY TO DO WHATEVER STEPS MAY BE
LEGALLY REQUIRED TO FORCE THE UNIVERSITY OF MIAMI TO
LIVER UP TO ITS PRIOR COMMITMENT UNDER THAT CERTAIN
ORIGINAL AGREEMENT WITH THE CITY CONCERNING THE
,TAMES L. KNIGHT CONVENTION CENTER WHEREIN IT
VOUCHED TO BRING, ANNUAI LY, AT LEAST 100,000
PROFESSIONALS AND/OR CONVENTIONS FOR USE OF SAID
FACILITY.
(B) DISCUSS AND TEMPORARILY TABLE, CONSIDERATION OF
PROPOSED RE,,SOLUTION T'O EXECUTE CERTAIN AGREEMENTS
WITH AETNA LIFE INSURANCE COMPANY, PERTAINING TO
THE MIAMI CONVENTION CENTER. (See label 34)
Commissioner Plummer: Item 3, Mr. Mayor.
Mr. Cesar Odio (City Manager): Item 1.
Commissioner Plummer: Item... Where is item...
Mr. Odio: Before your consent agenda.
Commissioner Plummer: What?
Commissioner Gort: Oh, yes.
Mr. Odio: Before the consent agenda is item 1.
Commissioner Plummer: There is... Oh. I didn't... Did I miss something?
Vice Mayor Dawkins: No. But it is... Item 1, before the consent agenda.
Commissioner Plummer: Oh. Well, Mr. Manager, why don't you tell us about this.
Mr. Odio: Yes, sir. As you are aware, the building, the whole building was placed under the
bankruptcy court. After three years, the Judge appointed a trustee, Mr. Kenneth Welt. After
many hearings in front of the Court, the Court ordered Mr. Welt to get Aetna, who are the
mortgageholders, and the City to come to an agreement. After...
Commissioner Plummer: Can I interrupt you? When you speak...
Mr. Odio: Yeah. Well, you're going to anyway, so.
Commissioner Plummer: OK. No. What I'm asking is, when you said the whole scenario, to
me, the whole scenario is the convention center, the hotel...
Mr. Odio: We're talking about the hotel only.
Commissioner Plummer: All right. Well, that's not what's on here, because it says pertain...
This is the reason for my question. Pertaining to the Miami Convention Center. That's why I'm
asking the question.
18 July 14, 1994
Mr. Odio: Well, the whole complex is known that way. The contracts are issued that way. It's
technical in nature. But we're dealing about the hotel tower, which is where Aetna and some
portions of space that is also used, commonly used by both sides... by three sides, because you
also have the university involved.
Commissioner Plummer: OK. So it's basically the hotel is the main thrust.
Mr. Odio: The mortgagee is holding over the hotel tower, mainly, and the agreement is about
the hotel tower.
Commissioner Plummer: OK, fine, because that's not what's on the agenda, so that's why I
asked for the clarification.
Mayor Clark: Well, it's really to execute the following agreement, is what it is, and then... after
that decision.
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: And you've been fighting this as long as we have. To what advantage is
it for the City of Miami to go along with this agreement? And the City of Miami - I'm sorry, the
University of Miami - continues to contribute nothing to the debt service, nothing to the removal
of the debt service, they do not bring any seminars, they do not bring... Miami Dade Community
College puts more seminars in that facility than the University of Miami. They take all of their
seminars to the University of Miami. But yet you want us to vote to indemnify the University of
Miami...
Mr. Odio: No, sir.
Vice Mayor Dawkins: ... and still hold the hotel hostage.
Mr. Odio: You are not suing them, sir.
Vice Mayor Dawkins: What am I doing?
Mr. Odio: OK. The University of Miami is separate. It has nothing to do with this at all.
Vice Mayor Dawkins: OK. Wait, hold it now. Is... When the hotel complex was built - OK? -
now, when the whole hotel complex was built, did it not include plans and agreements from the
University of Miami?
Mr. Odio: The agreements and plans for the University of Miami are with the City of Miami.
The developer made an agreement with a separate company on the hotel tower, which is called
the developer, or Miami Centers and Associates.
Vice Mayor Dawkins: So therefore, in the event that the City of Miami does not save the hotel,
then the University of Miami and all go down the drain with the hotel.
Mr. Odio: Well, the hotel will be saved, one way or the other, sir.
19 1 July 14, 1994
Vice Mayor Dawkins: OK. Then whoever saves it, they deal with the University of Miami.
Mr. Odio: No, sir.
Vice Mayor Dawkins: Why not?
Mr. Odio: The agreement between the University of Miami is between the University of Miami
and the City of Miami, and not with anybody else. So we have to deal with the university.
Vice Mayor Dawkins: All right. So if we do not...
Mr. Odic): Yes, it is, sir.
Vice Mayor Dawkins: OK, I'm sorry. I'll wait till you finish.
Mr. Odio: No, I'm sorry. He's saying "no." Yes, it is that way.
i
Vice Mayor Dawkins: OK. Now, what you're saying; to me, sir...
I
Commissioner Plummer: That's a bunch of garbage.
I Vice Mayor Dawkins: That's...
Mr. Odio: It's not garbage. It's a contract that you approved in 1975.
Commissioner Plummer: Sir, Mr. Dawkins...
Mayor Clark: Please, now, one at a time.
Vice Mayor Dawkins: I yield to Commissioner Plummer.
Commissioner Plummer: OK. We approved it, and it's never been enforced, but I'll get to that
as soon as he is finished. Go ahead.
Vice Mayor Dawkins: OK. Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: In the event that... OK, so you're telling me the City of Miami owns the
part that the University of Miami is in, but it does not own the hotel.
Mr. Odio: Yes. Sir, the hotel has...
Vice Mayor Dawkins: Beg your pardon?
Mr. Odio: That's correct.
Vice Mayor Dawkins: So therefore, whatever happens to the hotel, we still own the part that the
University of Miami has.
Mr. Odio: We still have a lease with the University of Miami for that thirty-five thousand square
feet.
Vice Mayor Dawkins: All .right. So, well, all right. Well, let the hotel go. And I mean, and...
How much... Wait a minute. Wait, now. How much are we subsidizing the hotel for?
. 20 July 14, 19.94
W
Mr. Odio: Nothing, sir.
Vice Mayor Dawkins: Beg your pardon?
Mr. Odio: Not the hotel. We don't subsidize the hotel at all.
Vice Mayer Dawkins: All right.
Mr. Odio: We subsidize the Knight Center or the conference part.
Vice Mayor Dawkins: OK. Well, is the Knight... Well, is the hotel in the Knight Center?
Mr. Odio: It's separate from...
Vice Mayor Dawkins: Is the hotel in the Knight Center?
Mr. Odio: It's in the complex, yes, sir.
Vice Mayor Dawkins: All right. All right. I'll rephrase it. Is the hotel in the Knight Complex?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Do we subsidize the Knight Complex?
Mr. Odio: We do.
Vice Mayor Dawkins: All right. So we subsidize the hotel
Mr. Odio: Right.
Vice Mayor Dawkins: OK?
Mr. Odio: Now, I would suggest that you hear what we have come up with, that it's
advantageous...
Vice Mayor Dawkins: I move that this he deferred. I mean, I'll wait until Commissioner
Plummer finishes, and if he has a... If it could be cleared up, then I'll... I won't.
Commissioner Plummer: Yeah. And the problem that I have - and, you know, this is nothing
new, that I've put on the record before - the University of Miami absolutely came to this
Commission when this deal was put together, and have never, ever lived up to their end of the
bargain. They absolutely have not lived up to their bargain.
Mr. Odio: But it was not...
Commissioner Plummer: Excuse me. When this deal was put together, they wanted the name of
James L. Knight on there so had, they came with a grand and glorious, a three and a half million
dollar contribution for this facility, with the following proviso, Mr. Dawkins. You... Were you
here then?
Vice Mayor Dawkins: No, I...
Commissioner Plummer: OK.
21 July 14, 1994
Vice Mayor Dawkins: No. You and Howard Gary...
Commissioner Plummer: Let me remind you what the proviso was.
Vice Mayor Dawkins: You and [-Toward Cary did this.
Commissioner Plummer: 'They showed financial projections. They showed financial projections
that they would bring a hundred thousand professionals a year to that facility for continuing
education.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: That the professionals spent more money, and would fill up that hotel,
and they would use the banquet facilities. And for the. first four years, they never, ever once
used that facility. When I went to them and raised holy hell, here was their answer. "Well, the
Law School wants to have their luncheons, and banquets, and things somewhere else." They
were holding them on Miami Beach. That facility sat empty. It was never used. Now, let me go
one step further and tell you how this affects the overall scenario. The City of Miami agreed that
we would not take any income from this hotel until it reached a gross of twenty million a year.
Without what had been promised by the University of Miami, who never lived up to their
promise - even today, do not live up to their promise - there's no way that hotel is going to gross
in excess of twenty million. It's never, ever grossed.
Mr. Odio: Commissioner, if you would allow us to...
Commissioner Plummer: Now, let me finish. May I finish?
Mr. Odio: Because you're using the wrong numbers now. You have not allowed us to put on
the table the agreement that we had reached, which changes those numbers.
Mr. Raul Valdes-Fauli: Mr. Mayor.
Commissioner Plummer: When we went from there, what happened was, very simply, that the
hotel, after the Andrew Storm, one complete floor of that hotel was never renovated. Sixty
rooms, I think, is what I was told, and I could be corrected on that statement.
Mr. Valdes-Fauli: Sixty-five.
Commissioner Plummer: Sixty-five.
Mr. Valdes-Fauli: Yes, sir.
Commissioner Plummer: Were never renovated. And yet, we're sitting back, waiting to hit
twenty million, so we can get a couple of dollars out of this thing. That, in my estimation, is
where the trouble is. Then you have the... the sheik that came over here, who bought the hotel
and didn't do anything with it. Now, you know, what I'm sorry is, is that the University of
Miami, who made very strong promises to this Commission, never lived up to it. Mr. Manager
will recall, when we went to buy out the retail, we tried to buy back the University of Miami.
They weren't using it, but they wouldn't sell it. They wouldn't let us use it. I think the place has
been used three or four times. And, if, in my estimation, one serious offender is what this
Commission, at the time, was promised by the University of Miami, who never, ever lived up to
their obligation. Allowing them in the door for a three and a halt' million dollar contribution, and
they came out with something in excess of twenty million dollars worth of value. Now, to me,
22 July 14, 1994
that's where the problem is. And Mr. Manager, if you have different numbers, I'll now shut up
and listen to you, but i was there.
Commissioner Gort: Mr. Mayor.
Mr. Valdes-Fauli: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I appreciate hearing the history of it. Now, I know a little bit about the
background, and the contract, the way it was done in the past, and why it's not working. I don't
know... I have two questions. One, I'd like to hear what the new contract is saying, what is
being worked out. And number two, if legally there's any way that we can force the university
to participate: a little hit more, or what can we do about it?
Commissioner Plummer: I wish we could.
Commissioner Gort: And if this contract would affect that other contract at all. These are the
three questions I'd like to have answered.
Mr. Odio: Yes, sir. I appreciate it.
Mayor Clark: All right.
Mr. Odio: The agreement that we had reached with Aetna is that we lower the cap from the
twenty million dollars down to nineteen million dollars.
Commissioner Plummer: Ha!
Mr. Odio: Just a minute, Commissioner. They've been selling nineteen point seven for the
last... before the hurricane. Now, we have also got an agreement from them that they will pay
minimum rent, something that we have never had before. They will start paying the minimum
rent immediately.
Commissioner Plummer: How much?
Mr. Odio: They will also agree to
rent.
Commissioner Plummer: A month?
Mr. Odio: A month - a year.
Mr. Valdes-Fauli: Can L.
one hundred and twenty-five thousand dollars minimum
Mr. Odio: Maybe you should. Maybe you should.
Mr. Valdes-Fauli: Yeah.
Mr. Odio: He won't interrupt you.
Mr. Valdes-Fauli: Commissioner Plummer, you're absolutely correct, that this has been a... My
name is Raul Valdes-Fauli, and I represent Aetna Insurance Company. And you're absolutely
correct, that this has been a disaster for everybody concerned. You're absolutely correct. The
23 July 14, 1994
City has suffered. The City has never seen a penny from this. Aetna had a thirty-eight million
dollar loan in this property which has been written down to eighteen million dollars, because
nobody in this deal., excepting the City and excepting my client, lived up to their expectations.
You're absolutely correct. This however, f submit to you, is a way to solve this problem, or a
beginning. This is the beginning of serious people sitting here with money involved, with a
financial commitment, and with financial stability, to fix the problem, and to make money for
the City, and, hopefully, to make money for my client. The threshold is coming down from
twenty million dollars to nineteen n;illion dollars. You're right, it's only one million dollars, but
the hotel has been selling over nineteen nnillion dollars in the past, and you will he getting rent.
If there is no nineteen million dollars, you will he getting your hundred and t'venty-five thousand
dollars per year, which is only a hundred and twenty-five thousand dollars, you're right, but it's
a hundred and twenty-five thousand dollars more than you've been getting in the past. However,
the biggest thing here is that those sixty-five rooms that you very well point out, they have not
been fixed, plus the other roorns in the hotel, plus the lohby, plus all of the other facilities in the
hotel, my client is going to put eight million dollars ill there. to fix that hotel, and, hopefully, not
only will they sell twenty million dollars or nineteen now, with the new threshold, they will sell
twenty-five and thirty million dollars, and you will start getting rent. With this arrangement, we
are out of any... an owner that has not lived up to the expectations. We are in a new situation
with a deep pocket ors our side, which now holds the lease, Aetna insurance. We are going to
put eight million dollars or more in the hotel, with a commitment to finish the renovation,
hopefully, by the summit. Hopefully. That depends on contracts, that depends on the. Hyatt.
The Hyatt is going to do the renovation. And you do have a deep pocket here, and I respectfully
submit to you that this is a totally different situation. Don't just look at the hundred and twenty-
five thousand dollars. Don't just look at the nineteen versus twenty million. Look at the eight
million dollars of fresh money, minimum, that we're going to put in there. Look at our
commitment to renovate, not only the 65 rooms you're talking about, but the, whole hotel,
including lobbies, including rugs, including wallpaper, including everything. This is a new deal,
and this is a new deal that, hopefully, will work for the City, and, hopefully, will work for our
client. The university, I'm not going to address. 1 can hear your frustration. We're frustrated at
that because we hold the mortgage. We have the money behind this. Hopefully, something can
be done about that. But don't throw a good deal out because one of the parties, which is not
before you at this point, offering a solution, which we are, because one of the parties has not
lived up to the expectations that everybody had, that we had. We. had to write down this
mortgage from thirty-eight million to eighteen million, because, partly, the reasons you're
talking about. This is a new beginning, and I submit to you that you should approve this,
because it will give the City a new start, and it will give us a new start. I'd be very happy to
answer specific questions, Mr. Commissioner.
Commissioner Plummer: Raul, my problem, there's one subject that I didn't speak to.
Vice Mayor Dawkins: J.L., may I... hold a minute.
Commissioner Plummer: Sure.
i
Vice Mayor Dawkins: Let's hear from the University of Miami, so that when we... we can, you
know, go through this, once and for all,
Mr. Odio: The university is not here.
Vice Mayor Dawkins: Well, who is that?
Mr. Odio: She's our attorney.
Vice Mayor Dawkins: No, that's all right. I don't need her, then. Go ahead, Commissioner
Plummer.
24 July 14, 1994
Commissioner Plummer: My problem, Raul, is very simple. The City of Miami, right now, is
paying in subsidy approximately four million a year? What we're paying in...
Mr. Odio: About three and a half.
Commissioner Plummer: OK. Three and a half million dollars. Now, you see, my problem still
is with the university. All right? And that's not going to go away, and things are not going to
change. And the reason for that is, 1 go hack to day one, when, before this Commission, what
was said to this Commission was that the financial projections done by the university and the
financial projections done by this City, that within five years, had the university lived up to what
they said, that place would be debt free and marking money. it has never, ever done that. Now,
we turn around, and we said, "OK, University of Miami, you won't get out and do what you
promised to do. Now, OK." The Manager came here, and he said, "Well, the reason we're not
doing anything is because of no exhibition space." We turn around and we spend another ten
million dollars buying out the retail... eight million on that. OK, three million. I stand corrected.
We spent three million dollars to acquire twenty-six 1110usand square feet of buying out the retail.
The hotel still isn't making; it. Now, unless we. can force the University of Miami, I think your
client's making a had deal. I got to tell you something. Because of the deal they have. got... We
have got to find a way to force them. Now, Miller makes...
Mr. Valdes-Fauli: Commissioner, you have never been more right than saying that my client is
making a had deal, but it is the hest deal that is available at this time. And in life, sometimes,
you have to make a bad deal in order to get a fresh start, in order to get a fresh beginning.
Commissioner Plummer: Let me...
Mr. Valdes-Fauli: I could not agree with you more that the university as not lived up to its
expectations. I agree with you. But the university is not here before us today. We have a trustee
in bankruptcy. The owner didn't live up to his expectations. I agree with you. Now, we have
two innocent parties arguing with each other, or maybe not with each other, but in cross
purposes, because we are on the same side of this issue. And what we're proposing to you is that
we pull together and we deal now with those people that have not lived up to their expectations.
One, the owner; and the other one, the university. I agree with you, Mr. Commissioner.
Commissioner Plummer: Well, I just want...
Mayor Clark: All right. Hold it, J.L. J.L. Wait a minute. Just a minute, now.
j
Vice Mayor Dawkins: Well, I thought we...
Commissioner Plummer: OK. I just wanted to finish up. Mr. City Attorney, Commissioner
Dawkins made a statement that interests me. If we don't agree to this, it goes into foreclosure; is
! that correct? What happens, if we don't agree to this deal?
i
Mr. Jones: Well, right now, perhaps Myrna can address that, because she's been representing us,
the City's interest, in this whole thing... It's a very complicated issue. I can't explain all the
dynamics of it. But perhaps if you'd let...
Vice Mayor Dawkins: Well, yes, or no, does it go into foreclosure? That's all I need.
Mayor Clark: Let us find out.
25 July 1.4, 19.94
Mr. Jones: Commissioner, if YOU would let... As I indicated, Ms. Bricker has been on this from
day one. I'm not totally familiar with all the dynamics of this whole situation. If you'd allow
her a few minutes, she can explain to you and answer your question.
Commissioner Plummer: All right. Let me tell you where. I'm coming from, and, hopefully,
you'll address it. OK? if we allow this to go into foreclosure, that means the University of
Miami is into foreclosure, and then we can deal with the damn... OK?
Mayor Clark: We're not trying; to run this case. Let her. She represents us in this case.
Commissioner Plummer: Sure.
Ms. Myrna Bricker: Perhaps I can clarity a few points here, and...
Vice Mayor Dawkins: Your name and address, please.
Ms. Bricker: My name is Myrna Bricker. I'm an attorney at the Law Firm of Semet, Lickstein,
Morgenstern, Berger, Friend, Brooke and Gordon. And I have been Outside special bankruptcy
counsel, representing; the City in connection with the bankruptcy proceedings that began in
November of 1991. The developer has been in Chapter XI, and has been in litigation with its
mortgagee, Aetna, for all of this time. This agreement would cause the bankruptcy case to be
dismissed, The agreement that is before the Commission today has nothing to do with the
University of Miami. That is a separate issue, and there may he significant problems to deal, to
iron out with the University, but the agreement here is the lease between the City and the
developer, Miami Center Associates. To answer CommiSSiOner Plummer's question, if we do
not, Or if you choose not to approve this agreement, then the case remains in bankruptcy. There
is a trustee who has been appointed by the Court at our urgence, because we found that
something had to he done to break the stalemate between the debtor, who kept promising to file
plans and to put the money in to do the renovations of the hotel, but it never happened, and the
bankruptcy court allowed it to continue. If you do not approve this agreement, then we're stuck
back in bankruptcy court, where the trustee could assume the lease. And that is a term, a legal
term, which means the trustee has the ability to assume this lease under the very same terms and
conditions that existed before. We have worked hard to negotiate a new lease. I think that the -
from my perspective - this is a favorable position for the City, because it gives you a different
lease, a modified lease, with rent, that you never had before.
Commissioner Plummer: You still haven't answered my question, Please, how do I force the
University Of Miami to live up, to do what they promised to do? That's all I'm asking. Look, I
think I can negotiate with this group here.. The nineteen million, I'm not happy with, but it's
negotiable. I think we can negotiate a hundred and twenty-five thousand down to a month,
rather than a year. That's negotiable. OK? My problem is, none of it is going to work,
regardless of what your numbers are, unless we can get the University of Miami to live up to
what they promised to do, simply.
Ms. Bricker: The answer is that you are absolutely right. That is a major problem, but it really
is a separate and different problem from the one that you're dealing with today. The University
of Miami has a separate lease with the City. If the City is not happy with the way the university
is performing under that lease, then it can deal with it in a number of ways. But I submit to you
that the hotel is at issue today, the lease on the hotel, which is separate and apart from the
university. In fact, the university is acting as a kind of spoiler in this proceeding.
Commissioner Plummer: They always have.
Ms. Bricker: Pardon?
26 July 14, 1994
Commissioner Plummer: They always have.
Mr. Valdes-Fauli: The university has us hostage, or is trying to have us hostage. Because this is
a deal between its, Aetna and the City. The university has nothing at all to do with this. And
yet, they say that they're: going to threw a wrench into this in order to mess it up. Look, don't
look at the hundred and twenty-five. thousand dollars. Don't look at the nineteen million versus
twenty. Look at the eight million dollars we're going to put in, starting tomorrow, in carder to
renovate those rooms, in order for those roams to he ready for the Summit, the Superhowl, for all
of those things. Those sixty-five rooms you talked about, it's not just those sixty-five, as I said,
and i'll repeat myself, it is the whole. hotel. You're going to have a first class banner facility
there with our money, with our eight million dollars. Let's deal with tilt: university tomorrow,
but let's approvee this, and we will start dealing with the university next week, tomorrow. This is
a deal between Aetna and the City. The university is not here, they're not represented. You
know, the university is foreign to this p:;rticular deal. Look at the eight million dollars, look at
the Superhowl, look at the. Summit, look at the renovation of the whole hotel. You're going to
have a flagship operation there.
Mayor Clark: All right. Now, let's come to some decision here.
Ms. Bricker: Could I interject?
Mayor Clark: Yes, ma'am.
Ms. Bricker: Just one point: That there is some urgency and in a decision. There is a hearing
scheduled in the bankruptcy court which...
Mayor Clark: And lie won't play around much longer.
Ms. Bricker: ... which really will be determinative of whether this case is going to be dismissed
and the renovations are going to be started immediately, in time for the Hemisphere Summit, and
things of that, which are coming up, or whether it's going to languish in bankruptcy court. So
we... There is an urgency, and we would ask you to act on it as...
Vice Mayor Dawkins: I yield to Mr. Gort.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, my understanding is, from hearing from everyone here, that we
have two different cases. One is the lease that we have at present with Aetna, and the other is the
lease with have with the City of Miami. I don't know what kind of lease we signed, when we
signed with the University of Miami, if we could force them to do anything or not. That's
something, I think, our attorneys would have to look into. I don't know what the lease is with
the University of Miami, but if they're two separate leases, I think we don't have nothing but to
win in here. To stay in the status quo right now, we're not gaining anything. At least we're
going to have the building renovated to... which will upgrade the areas in there. At the same
time, we need to he ready for the events coming up in December. At least we've got a promise
of a hundred and twenty-five thousand dollars. We're not getting anything right now. So after
going through the contract myself, I don't have any problem moving on this, and deal with the
University of Miami some other way. Let's get the contract with the University of Miami and
let's see what the lease and what the terms were. I'm sure whoever put that lease together was...
There's some terms in there where we can... we requested a minimum of participation.
Mayor Clark: All right.
27 July 14, 1994
Mr. Valdes-Fauli: You know, I can understand your frustration, and Commissioner Dawkins...
Mayor Clark: Please, just a second, please.
Mr. Valdes-Fauli: I'm sorry.
Mayor Clark: Mr. Dawkins.
Mr. Odio: Mr. Mayer?
Vice Mayor Dawkins: The nineteen million dollars that the hotel is speaking of, is that nineteen
million dollars grass, or is that nineteen million dollars net, before the City of Miami's share...
Mr. Odio: Gross.
Vice Mayor Dawkins: No, no, no. You can't tell me, no. I need up over here.
Mr. Valdes-Fauli: Let me answer that, sir. That is nineteen million dollars gross.
Vice Mayor Dawkins: We will get... OK.
Mr. Valdes-Fauli: If we sell nights... I mean, you know...
Vice Mayor Dawkins: No, no, no.
Mr. Valdes-Fauli: ... room nights, gross...
Vice Mayor Dawkins: No, no, no. Just go along with me, please. OK?
Mr. Valdes-Fauli: Yes, sir.
Commissioner Plummer: What is our percentage above that?
Vice Mayor Dawkins: OK? If the hotel reaches nineteen million dollar gross, what is the rental
fee for the City of Miami out of the nineteen million dollars?
Mr. Odio: Three hundred and twenty thousand dollars, okay?
Vice Mayor Dawkins: Now, what is the rental rate for the City of Miami when you go beyond
nineteen million dollars in one year?
Mr. Odio: The percentage increases. If it goes to...
Vice Mayor Dawkins: No, wait a minute. Why he does not know nothing?
Mr. Odio: Oh, OK.
Vice Mayor Dawkins: Why he doesn't know anything?
Mr. Valdes-Fauli: I do, sir. And I, you know, am... I do. I've worked out on the agreement. It
is an escalating scale.
Vice Mayor Dawkins: OK.
28 July 14, 1994
Mr. Valdes-Fauli: And when we reach nineteen million dollars, in year one...
Vice Mayor Dawkins: Right.
Mr. Valdes-Fauli: You get one point six percent, which is three hundred and twenty thousand
dollars. And the more we sell, the higher the percentage gets.
Commissioner Plummer: Where, does that number come from, Raul?
Mr. Valdes-Fauli: I'm sorry. That comes from the lease, sir.
Commissioner Plummer: One point six of what?
Mr. Valdes-Fauh: One point six percent of nineteen million dollars gross sales.
Vice Mayor Dawkins: OK. I have three more questions.
Commissioner Plummer: But it's not in excess of?
Mr. Valdes-Fauli: And that also includes some concession revenue, so it's not only room nights.
Vice Mayor Dawkins: OK.
Mr. Valdes-Fauli: And the more we sell, the higher the number gets, versus... in a percentage
sense.
Vice Mayor Dawkins: No, no. My concern is, once you've reached nineteen million dollars,
OK?
Mr. Valdes-Fauli: Yes, sir.
Vice Mayor Dawkins: And we get one point six percent of nineteen million, and for the sake of
discussion, you go to twenty-five million, does my rate triple, quadruple, or does it remain one
point six?
Mr. Valdes-Fauli: Yes, sir. Your rate at twenty-five million would basically... At twenty-two
million, it goes to one point nine. At twenty-five million...
Vice Mayor Dawkins: So I go from one point six to one point nine, which is three tenths of a
percent.
Mr. Valdes-Fauli: Twenty-two. And at twenty-six, it goes to two point five. Sir, remember, this
is gross.
Vice Mayor Dawkins: Wait a minute. Let me explain something to everybody in here. OK?
This problem is not his, his, mine and J.L.'s. This problem was created by Grassi, Ferre, and
somebody else up here. OK? We were not here. Howard Gary? It was dropped on Howard
Gary. I made the mistake of saying Howard Gary. Howard Gary did not do this. He tried to
straighten it out. Now, the City of Miami - University of Miami - are they going to pay for any
of the renovations?
Mr. Valdes-Fauli: Sir, we are putting in first dollars cash, more than eight million dollars with
no...
29 July 14, 1994
r
j;
Vice Mayor Dawkins: Wait a minute, wait a minute. We have a difference of...
Commissioner Plummer: That's right.
Vice Mayor Dawkins: Are you going to... Is the University of Miami going to put in any dollars
towards this revenue?
Mr. Valdes-Fauh: No, sir. The University of Miami is not going to put...
Vice Mayor Dawkins: But yet and still, the University of Miami will profit from these
renovations.
Mr. Valdes-Fauli: Sir, the university... I respectfully... I mean, I share your frustration, Mr.
Dawkins.
Vice Mayor Dawkins: But just answer my question. I mean, I don't need... Don't editorialize
it. Just answer my question.
Mr. Valdes-Fauli: The University of Miami is going to profit by this, yes.
Vice Mayor Dawkins: OK. Thank you.
Mr. Valdes-Fauli: With our dollars.
Vice Mayor Dawkins: But on the other hand, now, to you, in the event that we do not go
through with this, and the trustee has a right to sue the City of Miami, does not the trustee have a
right to sue the City of Miami - University of Miami - for not fulfilling its contract?
Ms. Bricker: No, sir.
Vice Mayor Dawkins: So that's just like the homeless. I mean, we're at their mercy.
Ms. Bricker: No, sir.
Vice Mayor Dawkins: Say what, now?
Commissioner Gort: The trustee takes over the operation and the contract.
Commissioner Plummer: But does the trustee take over just the hotel, or the hotel and the
University of Miami area?
Ms. Bricker: Well, the trustee has a number of legal options. We don't know what the trustee
would do.
i
Commissioner Plummer: Well, is one of those...
Vice Mayor Dawkins: No, no. We're asking you, can he? Not what he... We don't want you to
read his mind. Tell me legally.
Ms. Bricker: Legally?
Vice Mayor Dawkins: Can the trustee legally take, if he takes over the City of Miami's
property, take over the University of Miami's property?
30 July 14, 1994
Ms. Bricker: No, sir, he cannot.
Vice Mayor Dawkins: Although it belongs to the City of Miami.
Ms. Bricker: The trustee steps into the shoes of the developer. The developer has no lease with
the University of Miami.
Mayor Clark: We do. We have.
Ms. Bricker: Only the City does. So the trustee would not have any legal...
Vice Mayor Dawkins: But yet and still, you tell me I cannot put the City of - University of
Miami - out, although it's my land, and I'm the trustee - I mean, my land.
Ms. Bricker: The City has legal remedies against the university which have nothing to do with
this...
Vice Mayor Dawkins: OK. No further duestions from me, Mr. Mayor.
Mr. Valdes-Fauli: Sir, if we work together, if we work together, we have a better chance of
fighting the University of Miami than if we are separate and apart. We step into the shoes of the
developer, and we work...
Vice Mayor Dawkins: You know, I... You know, let me say that, I guess, you know, it's
frustrating to sit here and have to go through this. OK? We do not have a new hotel in
downtown Miami. We do not have any beds in downtown Miami. We do not have an all suite
hotel in downtown Miami. We just lost the Omni Hotel. And we have a gentleman here who
says that he's going to upgrade a facility. And... But yet and still, the University of Miami,
we've already given them land out here. Every time you loot: up, we're giving the University of
Miami or Miami -Dade something. Every time you look up, they're down here - besides the tax
dollars - they want something free. And now, we're going to turn around and fix up a hotel for
our benefit, Mr. Mayor, which we need, we need the rooms. And yet and still, you tell me it's
my land, and I can't do anything to the. University of Miami.
Mayor Clark: Listen, Miller, I believe... Please.
Mr. Valdes-Fauli: Commissioner, you're going to get a new hotel in downtown Miami with
eight million of our dollars. You're going to have a new hotel in downtown Miami by approving
this.
Mayor Clark: Wait a minute. Let me try to settle this, if I can. I believe we have to settle this
before we ever get with the University of Miami, because it has nothing to do with this case. So
why don't we go ahead and approve this? This is the best we can work out - and the bankruptcy
Judge said that, also - the best that can be worked out. I congratulate these people. I'd like to
move that we accept this position right now.
Vice Mayor Dawkins: Is there a second?
Commissioner Gort: Second.
Vice Mayor Dawkins: All right. Now, any more discussion?
31 July 14, 1994
Commissioner Plummer: Well, Mr. Mayor, I still have a problem. Not as much... I mean, I
understand the mechanics, but I don't think the City, at the hundred and twenty-five thousand
dollars a year is a fair return to the City.
Mayer Clark: No, i don't... I'm thinking;...
Commissioner Plummer: You're talking; about three hundred dollars a day.
Mayor Clark: But it's a hundred and twenty-five more than we have.
Mr. Odio: Mr. Mayor, I need to clarify something.
Vice Mayor Dawkins: You're out of order.
Mr. Odio: May I clarify something?
Vice Mayor Dawkins: You're out of order. Wait a minute till the Mayor finishes, and then I'll
give you the floor - I mean Commissioner Gort. Go right ahead, Mr. Mayor.
Mayor Clark: All right. I'm finished.
Commissioner Gort: Under discussion, Mr. Mayor. Right now, presently, the status quo is the
worst thing that we have. We didn't have anything to do with this contract. Whoever put this
lease together, put the contract together, made it... Seems like a very had job. I think today, we
have the opportunity to at least improve this a little hit, and it gives, at least, it would give us
some leverage to negotiate with the university and other people. That's the reason why I
seconded the motion and I'm in favor of it.
Commissioner Plummer: Well, I could live with approval...
Vice Mayor Dawkins: Hold it, hold it.
Commissioner Plummer: I'm sorry. Mr. Manager, please.
Mr. Odio: Let me point something out, because we have not been able to explain the whole deal.
I guess a shortage of time. One of the things...
Commissioner Plummer: That's why I'm going to move to defer.
Mr. Odio: One of the things we have cured... We don't have time to defer. One of the things
we have cured here, Mr. Mayor, under the lease that the prior Commission approved in 1975, the
developer had a clause in there. All they had to say is, "We don't have enough cash flow." Cash
flow. They would never, ever have to pay rent to us. Never. We have cured that here. We went
from zero that we had. We had a lease that meant nothing to us, Mr. Mayor and Commissioners,
nothing. We will never obtain one penny. 'Trust me when I tell you that the hundred and
twenty-five thousand dollars minmlUin rent is more than what you would ever get under the
existing lease, because it meant that they would always say "no rent."
Commissioner Plummer: Oh, I've asked before to go to court on that a number of times, and this
Commission wouldn't. You know, my problem, Mr. Vice Mayor, is very simple. I think for this
City to sit back on a twenty million dollar deal, and take and agree to a hundred and twenty-five
thousand a year? It just doesn't make any sense to me.
Mr. Odio: There's also another clause here, Mr. Mayor.
32
July 14, 1994
Vice Mayor Dawkins: OK. Hold it, hold it, Mr. Manager. Let me say something.
Mr. Odio: OK.
Vice Mayor Dawkins: Mr. Mayor, I respectfully request that we bring this back after two
o'clock, because I see a two/two tie here, and we don't need that.
Commissioner Plummer: Well, I...
Mr. Valdes-Fauli: I don't have any objection to coming back.
Mayor Clark: I don't have any objection to that at all.
Commissioner Plummer: I have no objections, but I think we have to try to figure out what's
going to be accomplished between...
Vice Mayor Dawkins: All right. Either we... Well, move it, then. Let's move it and get it out
of the way.
Commissioner Plummer: No, I'm saying between now and two o'clock.
Vice Mayor Dawkins: All right. Call the roll, Madam Clerk.
Commissioner Plummer: No, no, excuse me. Is... because it's going to die. So I'm trying to
keep it alive. Now, Mr. Fauli...
Vice Mayor Dawkins: It is alive.
Mr. Valdes-Fauli: Yes, sir.
Commissioner Plummer: Are you in a position, sir, to negotiate on the price?
Mr. Valdes-Fauli: Mr. Plummer...
Commissioner Plummer: And if so, then we'll defer it. I mean, if we're not going to defer it,
then you're going to die. I mean...
Mr. Valdes-Fauli: I would... I would...
Vice Mayor Dawkins: We're not in... No, wait, hold it, hold it, hold it. I did not say "deferred,"
OK? You have a right, sir, to have your item heard by five members of this Commission. Hold
it, hold it, hold it.
Mr. Valdes-Fauli: I would like to exercise that right.
Vice Mayor Dawkins: Hold it. OK. Hold it, now, wait. You may not have to, but...
Mayor Clark: I withdraw my motion.
Vice Mayor Dawkins: See. And when we've got the five, then you stand a better chance of
having three of the two...
Mr. Valdes-Fauli: I would like to exercise that right, Mr. Dawkins. I appreciate that.
33 July 14, 1994
Vice Mayor Dawkins: It's up to the Mayor. I mean...
Mayor Clark: Sometime after lunch.
Vice Mayor Dawkins: OK.
Mayor Clark: At -ter two -thirty.
Commissioner Plummet: Raul, I would hope that the City could come out with a better deal.
And between now and when you come back with the five members present, I just truly, and truly
believe that the City is entitled to more than a hundred and twenty-five minimum guarantee on a
twenty million dollar deal. I just truthfully believe that.
Mr. Valdes-Fauli: It is not a twenty million dollar deal. I mean, we'll come hack this afternoon.
It is not a twenty million...
Vice Mayor Dawkins: The item is tabled until this noon. Until after the first... first item after
noon, Mr. Mayor?
Mayor Clark: Yeah.
Vice Mayor Dawkins: First item after we come back from lunch.
Commissioner Plummer: I'll he glad to meet with you during lunch, if you want.
Vice Mayor Dawkins: Thank you.
Mr. Valdes-Fauli: Thank you.
Mayor Clark: Thank you. Are you all educated out there?
Commissioner Plummer: Mr. Mayor, I'll tell you what. Now, there by the board, I'd like to
make a motion now that the City Attorney he instructed to do whatever is legally possible to
force the University of Miami to live up to their obligations that they made a commitment to for
this City to bring about the end of the subsidy which is created by their lack of action. I think
that...
Mr. Valdes-Fauli: Commissioner Plummer, if this were Coral Gables, I would second your
motion.
Vice Mayor Dawkins: I second the motion.
Commissioner Plummer: And if it was Coral Gables, I'd let you make the motion.
Mayor Clark: There's no doubt. Cast a unanimous ballot.
Mr. Valdes-Fauli: Because I agree with you a hundred percent.
Mayor Clark: OK. Thank you, Mr. Mayor,
Commissioner Plummer: Mr. Mayor, I made that in the form of a motion.
Mayor Clark: OK.
34 July 14, 1994
Vice Mayer Dawkins: Second.
Mayor Clark: It's carried. Four votes.
Vice Mayor Dawkins: All right, it carries. Four unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-490
A MOTION DIRECTING THE CITY ATTORNEY TO TAKE WHATEVER STEPS
MAY BE LEGALLY REQUIRED TO FORCE. THE UNIVERSITY OF MIAMI TO
COMPLY WITH AND LIVE UP TO ITS PRIOR COMMITMENT UNDER THAT
CERTAIN ORIGINAL AGREEMENT WITI-I THE CITY OF MIAMI CONCERNING
THE CITY OF MIAMI JAMES L. KNIGHT CONVENTION CENTER WHEREIN
THE UNIVERSITY PRESENT FINANCIAL PROJECTIONS VOUCHING TO BRING
TO MIAMI, 100,000 PROFESSIONALS PER YEAR FOR USE OF SAID FACILITY.
Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Victor De Yurre
----------------------------------------------------------------------------------------------------------------
5. (A) WAIVE RESIDENCY REQUIREMENT (PURSUANT TO
ORDINANCE 11130) FOR: POLA REYDBURD, MIRIAM
SCHOFIELD AND MARIAN M. SMITH, TO ALLOW THEM TO
SERVE AS MEMBERS ON THE COMMISSION ON THE STATUS OF
WOMEN.
(B) APPOINT / REAPPOINT/ CONFIRM INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN.
(Appointed were: Crystal Griggs, Patti Allen Isabelle Milanes-Buccinna,
Nancy Benouaich, Marie Rodriguez, Deborah Weiss-Goodstone, Audrey
Stoeckel -Gomez. Reappointed were: Luisa Garcia -Toledo, Monna Lighte,
Anita Ratky, Bernadette A. Morris, Regina Berman, Sharon Bock,
Racheal Ilan, Pauline Ramos, Pola Reydburd, Rosario S. Roman, Miriam
Schofield, Eugenia Tynes, Danielle Webb, Gail Nedelman-Stone, Marian
M. Smith, Leoner L agonlaslno, Laura Perez & Rosie Gordon -Wallace.)
Mayor Clark: All right. What do we have next?
Vice Mayor Dawkins: Item 3.
Mayor Clark; Status of women.
Commissioner Plummer: I'll move that those that are presently there be reappointed. Number 3.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll. Wait just a minute, now. Hold on.
Commissioner Plummer: Let me make sure of one thing. Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: Under the new rules and regulations, I'm assuming that all of the
names here present have been verified, that they do meet with the new rules and regulations.
Am I correct'?
Mr. Jones: As far as I know, Commissioner, that they either live, work, or own a business.
Commissioner Plummer: All right. OK. Just as long as that's understood.
Ms. Matty Hirai (City Clerk): That is not my understanding, Commissioner.
Commissioner Plummer: I'm sorry?
Ms. Hirai: That is not my understanding; is that correct? There are many, many people who do
not presently comply. Would you kindly get on the record and explain it?
36 July 14, 1994
'Commissioner Plummer: Well, Madam Clerk, I will assume you will send them the letter that
you sent to all the rest.
Ms. Hirai: Yes, we have. Yes, we have, sir.
Commissioner Plummer: And if they do not quality, then they understand that they will not be
reappointed.
Ms. Hirai: They expressed to us that they would like to request waivers from you. This is why I
have requested that...
Mayor Clark: Let's don't carry this thing; on for another hour. Please. Are the names on this
list...
Commissioner Plummer: Some of them don't qualify under the new rules, Steve.
Mayor Clark: Some don't quality under the new rule. If they don't qualify under the new rule,
they're just not on, that's all.
Ms. Hirai: Excuse me, Mr. Mayor. When we sent the letters out, two of the individuals, Pola
Reydhurd and Marian Smith, they do not comply with the residency requirement. Miriam
Schofield never responded to the letter, so it's still pending. We do not know whether this
individual does or does not comply.
Ms. Sharon Bock: Mayor and Commissioners, my name is Sharon Bock. I live at 1581 Brickell
Avenue, and I'm here on behalf... to answer any of your questions. We appreciate the
appointment of the members that are currently complying with the residency requirements, and
again, we ask for a waiver of the two members that do not comply. Our reason for making this
request is that one of the members, Mim Schofield, was in compliance with the residency
requirement when she was appointed two years ago. We, by the way, are on three-year terms.
Mayor Clark: Is she present?
Ms. Bock: Yes, she is.
Mayor Clark: All right. That's fine.
Ms. Bock: Mim has worked for the Jackson Hospital when she was appointed, and has recently
retired. Her home is not in Miami. However, when she was appointed, she was... met the
residency requirement set up by the Commission. Our second member, Pola Reydhurd...
Mayor Clark: Where is she?
Ms. Bock: OK. Our... Our second member, Pola Reydhurd, is also an important member, who
also was appointed before the residency requirements were instituted. She is vice chair, as well
as the editor of our newsletter, which is an extremely important function. And I would like to
also... I also would like to point out that this Commission has granted waivers...
Mayor CIark: We know that.
Ms. Bock: OK
Mayor Clark: Please, don't get involved in that. That's a touchy subject up here.
37 July 14, 1994
Ms. Back: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: As I've stated before, first of all, I want to check my appointment. But
Crystal Griggs is part of this, to my understanding. I appointed her, the first meeting. Second of
all, the statement that I made in the past was - and I comply with the rules - but the statement that
I made in the past, I think we should make an exception. Individuals, they have to finish their
term. They have been working„ and they have heen serving; the City for so many years, and let
them finish their terms. When the term is tip, then the new nominations, the new nominees, they
should go ahead and follow. So I'm really to make a motion to waive. the - for those two
individuals, under those following:; conditions.
Commissioner Plummer: I -ley, I have no problem. I'll second the motion, you know, but I think
we ought to just turn around and throw out all the rules and regulations we put in...
Commissioner Gort: J.L., J.L., don't go radical. What I'm saying is very simple.
Commissioner Plummer: We're not living up to it.
Commissioner Gort: People that are already serving, and their terms, when the terms are up,
we'll fill them up with people that meet the requirement. But I think the people that have been
working; for the City of Miami for many years, they deserve them to get them off the board and
not let them finish whatever project they started.
Commissioner Plummer: I have no problem with that.
Mayor Clark: All right. Let's go. Motion and a second. Call the roll.
38 July 14, 1994
r<
THE HEREINABOVE MOTION NO. 94-491 MOVED BY
COMMISSIONER GORT AND SECONDED BY COMMISSIONER s
PLUMMER IS INCORPORATED AS PART IF RESOLUTION NO. 94-
492 AND WAS PASSED AND ADOPTED BY THE FOLLOWING
VOTE:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: All right. Make a motion to report to all those people and let's get moved on here.
OK?
Ms. Bock: Thank you, Mayor and Commissioners. Thank you very much.
Mayor Clark: Motion to reappoint all those members. Is there a second, Mr. Dawkins?
t
Vice Mayor Dawkins: Yes, Mr. Mayor..
Mayor Clark: Call the roll.
t
39 July 14, 1994
h
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-492
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN OF THE CITY
OF MIAMI, FLORIDA, FOR 'PERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following; vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen. P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: At this point, Agenda item 4 was
deferred and Agenda item 5 was withdrawn.
----------------------------------------------------------------------------------------------------------------
6. AUTHORIZE DONATION OF SCHOOL SUPPLIES TO THE GIDEON
ACADEMY, A NON -RELIGIOUS SCHOOL.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 6. He's the...
Vice Mayor Dawkins: That's the brother of Mr. Gort.
Mayor Clark: Of Mr. Gort.
Commissioner Gort: Mr. Mayor, this is the school that's supposed to receive some donations
from the school system, but they cannot give it directly, they would have to go through us. And
I asked for an opinion from the law department, and my understanding is it's OK. It's not a
religious school, so we don't have any problem with it.
Commissioner Plummer: What is it a donation of?
Commissioner Gort: I'm not sure what the total donation is yet, sir.
Commissioner Plummer: Cesar?
40
Auk
Commissioner Gort: We don't knew. The letter came through me. We don't know what the
donation is, how much it's going to he.
Commissioner Plummer: I mean, is it dollars, is it equipment?
Commissioner Gort: No, it's equipment. Equipment.
A. Quinn Jones, III, Esq. (City Attorney): It says desks, chairs, hook shelves, materials.
Commissioner Gort: YOU got it...
Commissioner Plummer: And that's City surplus?
Commissioner Gort: No, no, no. It's from the school system.
Commissioner Plummer: To?
Commissioner Gort: To the school from Sara Velasquez, Gideon Academy. She's going to
receive the donation.
Commissioner Plummer: Is that in the City?
Commissioner Gort: It's in the City of Miami, and they...
Commissioner Plummer: Why does it have to go through us?
Commissioner Gort: Because they will not give directly to a nonprofit corporation. It has to go
through the City, it's my understanding.
Mr. Jones: That's correct.
Commissioner Plummer: Well, what do you want to do?
Commissioner Gort: I'd like to accept it.
Commissioner Plummer: Fine. Second.
Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. So ordered. It's been
accepted.
41 July 14, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-493
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
TRANSFER OF SURPLUS EDUCATIONAL EQUIPMENT FROM DADE COUNTY
PUBLIC SCHOOLS FOR SUBSEQUENT DONATION TO THE GIDEON
ACADEMY, 3501 W. FLAGLER STREET, MIAMI, FLORIDA, AT NO COST TO
THE CITY; FURTIfER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT'S, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID TRANSFER AND TO EFFECT SAID DONATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
NAYS:
ABSENT:
CommissionerJ. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
None.
Victor De Yurre
---------------------------------------- --------------- ---------------------------------------------------------
7. DISCUSSION CONCERNING PUBLIC WORKS -SEWER PROJECT IN THE
ROADS AREA.
Mayor Clark: Number 8 - no, number 7. Hold it up for this afternoon.
Commissioner Plummer: No. De Yurre's not here.
Mayor Clark: Are there persons here on the Roads area? Please come forward.
Vice Mayor Dawkins: Commissioner De Yurre isn't here.
Mayor Clark: Yes. Sir, sir, can you be back here this afternoon? The Commissioner who
sponsored this is not present. Mr. De Yurre.
42
July 14, 1994
Mr. Jesus Roiz: Well, anyways, we... Excuse me, Mr. Clark. My name is Jesus Roiz, 358
Southwest 22nd Road. This is actually not an issue that you have to deviate a lot. The subject
for discussion, it's a Public Works project that was petitioned three or four years ago by the
neighbors.
Commissioner Plummer: All they wanted was an upgrading
Mr. Roiz: It was formerly approved by Public Works in 1991. The engineering work was
started in 1992. And the only reason why Mr. De Yurre wanted to discuss it is to see if it was
possible to ensure that this Commission would prevail on the Administration to make sure that
the funds are... remain in the Public Works budget.
Mayor Clark: Mr. Manager.
Mr. Roiz: They were budgeted in 1992, and the budgets were...
Mayor Clark: Well, let's find out. Wally?
Mr. Cesar Odio (City Manager): it is in the budget, a million, and it will be in the next, '95
budget. It is in there.
Mayor Clark: Go ahead, Mr. Lee..
Mr. Wally Lee: Mr. Mayor and Commissioners, presently, the project is fifty percent complete
in the design stage, and we expect to schedule award around February of next year.
Commissioner Plummer: That's when the shovel goes underground?
Mr. Lee: Yes, sir.
Vice Mayor Dawkins: But the gentleman is saying the total project. He's not interested in fifty
percent of the project.
Mr. Lee: No. This is the stage we are at now, Commissioner.
Commissioner Plummer: Fifty percent finished.
Mr. Lee: The design.
Vice Mayor Dawkins: OK.
Mr. Lee: The project will be started in February.
Vice Mayor Dawkins: No, no. But you cannot finish the project, Mr. Lee, if you have fifty
percent of the design. You must have a hundred percent of the design to do a hundred percent of
the work.
Mr. Lee: Yes, sir, it will be.
Vice Mayor Dawkins: OK. But explain that to the gentleman so he doesn't have to come back
down here.
Mayor Clark: Sir, it will be on line. It's in the budget.
43 July 14, 1994
f Mr. Roiz: Mr. Dawkins, the problem is not with Public Works not doing; the project. They are
f doing their hest. The question is the construction funding. That's the only issue here. And the
reason why we're here, why Mr. De Yurre asked for this meeting;, is because we wanted to make
sure that the funds are not withdrawn once. Public Works requested the. funds.
Vice Mayor Dawkins: But you're not hearing me, either. I'm hearing you. Now, let me see if I
can help you hear me. OK? They just told you...
i
i
Mr. Roiz: Yes, sir.
Vice Mayor Dawkins: ... that fifty percent of the money that you need is in place. That's what
they told you.
Mayor Clark: No. Fifty percent of the design is in place.
Vice Mayor Dawkins: And that's all they got money earmarked for. They did not tell you...
Commissioner Plummer: No, no, no.
Vice Mayor Dawkins: Wait. You see... OK. I'm going; to tell you what I heard. I'm not going
to tell you what the rest of the Commissioners heard. OK? All right now?
Mr. Roiz: Go ahead, Commissioner.
Vice Mayor Dawkins: I've been here thirteen years. I'm telling you what I heard. OK? Now,
unless they tell you that in line item 6098, earmarked for storm sewers in your neighborhood, it
will not get done. They're going to come up here and say, we got "X" dollars to do fifty percent
of that, and that's my earmark. Now, if that's what you're satisfied with, that's fine. But I don't
want you to come back up here and say that I was the one who told you wrong.
Mayor Clark: Sir, sir, the information now, as I understand it - you've heard Mr. Dawkins - that
fifty percent of the design has been completed. Until a hundred percent of the design has been
completed, they can't start the work. The money is in the budget for the work, the total project.
The design completion will he about February, and that's when the work will start. You got it?
That simple.
Mr. Roiz: I understood that. The question is that the money has been in the Public Works
budget before, and it has been disapproved.
Mayor Clark: It has not been taken out, so don't worry about it.
Mr. Roiz: That's what we want to ensure, that for 1995, the monies will remain in Public
Works.
Mayor Clark: "Por seguro," OK?
Mr. Roiz: Thank you.
Commissioner Plummer: Famous last words.
END OF DISCUSSION -- NO ACTION TAKEN
44 July 14, 1994
----------------------------------------------------------------------------------------------------------------
8. DISCUSS AND DEFER (TO JULY 26TI-I MEETING) CONSIDERATION OF
DADE HELICOPTER'S CONTINUED USE OF CITY -OWNED PROPERTY
ON WATSON ISLAND.
Mayor Clark: All right. How about the helicopter? Do you want to held that up?
Mr. Cesar Odio (City Manager): I'd like to make a presentation on that, if you would.
Mayor Clark: On the helicopter?
Mr. Odio: Yes, sir.
i
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: I'd like to have Mr. De Yurre here when it happens, also.
Vice Mayor Dawkins: Not only that, Mr. Mayor, the gentleman from the helicopter, his wife is
in surgery this morning, with cancer, and he... His doctor called me and said he could not be
here.
Mayor Clark: All right. Well, let's move this over to the 26th of September.
Vice Mayor Dawkins: All right. So moved.
Mr. Odio: Of July?
Mayor Clark: Of July.
Mr. Odio: OK. The 26th of July.
Mayor Clark: 26th of July.
Vice Mayor Dawkins: OK. See, now, there again, now, I don't have no problem with it, but we
had six items a few minutes ago. You couldn't move a one. Now, we're fitting one in.
Mr. Odio: Well, let me explain that.
Mayor Clark: Mr. Dawkins, here's what will happen. If we can't get to them on the 26th,
they'll go to September.
Vice Mayor Dawkins: All right. Good, good, Mr. Mayor.
Mayor Clark: We'll keep moving them. It's a cliess game. All right. Item number 8 has been
under discussion. It's moved to September the 26th.
AT THIS POINT, ITEM 8 WAS DEFERRED
45 July 14, 1994
i
Mayor Clark: On R-A, concerning the status of health insurance benefits for the City boards, I
want this to wait until three o'clock, also, until Mr. De Yurre gets hack.
---------------------------------------------------------------------------------------------- -------------------
9. AUTHORIZE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN
STREETS IN THE SHORECREST NEIGHBORHOOD -- ON A 120-DAY
TRIAL BASIS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: May I ask what the seal is for?
Unidentified Speaker: Shorecrest.
Mayor Clark: Let me tell you, they told me that Shorecrest was going to be heard at five
o'clock.
Unidentified Speaker: No. Ten o'clock.
Mayor Clark: Sir?
Unidentified Speaker: Ten o'clock.
Commissioner Plummer: Obviously, you heard from the other side, Mr. Mayor.
Mayor Clark: It's up to the Commission. Do you want to hear it now?
Commissioner Plummer: Fine. Well, let's hear it now and get it out of the way.
(APPLAUSE)
Mayor Clark: What item? What item was it, J.L.?
Mr. Cesar Odio (City Manager): They are item 10.
Commissioner Plummer: Ten.
Mayor Clark: Read into the... Please, now. If you want to be accommodated, be kind.
Authorizing and permitting the restriction of vehicular access to certain streets in the Shorecrest
neighborhood. Authorizing and permitting the restriction of vehicular access to certain streets in
the Shorecrest neighborhood, in the City of Miami, Florida, in accordance with Plan "A" as
attached hereto and made a part hereof, for a one hundred and twenty day trial basis, subject to
conditions as set forth herein. Is that what you're here on.
(APPLAUSE)
Mayor Clark: Do you favor that?
(APPLAUSE)
Mayor Clark: We'll try to accommodate you rapidly. Now, hold on.
46 July 14, 1994
i Mr. Odio: Mr. Mayor, we recommend it, except with one modification on page nine of the
agreement, on item "B," Section 2-D. It reads: "Any modification to the location of the
barricades shall he accomplished exclusively by the City of Miami Public Works Department."
I'd like to include, add the Shorecrest Homeowners' Association.
Mayor Clark: All right. So they're part of it.
Mr. Odio: Yes, sir.
Mayor Clark: I don't think... Identify yourself for the record, and then we're going to make
quick work of this.
Mr. Brian Geenty: My name is Brian Geenty. I live at 656 Northeast 83rd Street, and I'm
president of the Shorecrest Homeowners' Association.
j Mayor Clark: And you are in favor of this totally.
Mr. Geenty: Absolutely.
Mayor Clark: The recommendation of the Manager and everyone else. Is there a motion?
Commissioner Plummer: Well, wait a minute. Let's ask the contrary, just to he safe. Is there
anyone in objection?
i
Mr. Stephen Loffredo: It's not an objection, but we do want to be heard.
Commissioner Plummer: Well, I think you have that right, sir. This is a public hearing.
Mayor Clark: All right. Let him come forward.
Commissioner Plummer: That's why I wanted to get it on the record.
Mayor Clark: Just don't make it long, elongated. If you are objecting, please watch out.
Mr. Loffredo: OK. Yes. Your Honor, my name is Stephen Loffredo. I'm the attorney for the
Little River Club, which is an Alcoholics Anonymous nonprofit organization.
Commissioner Plummer: "Synonymous"?
Mr. Loffredo: "Anonymous."
Commissioner Plummer: Oh.
Mr. Loffredo: Which sits on Northeast 79th Street and has its rear parking area on Northeast
80th Street, which is inside the barricaded area. I also want you to know that I'm a former
Miami Shores councilman and was one of the starters of the barricade movement. So personally,
I fully support what the Shorecrest homeowners are doing, and my client also supports what
they're doing, and we support the plan. The only issue we have is that we have tenants in the
building, and we have a rear parking area which needs to be accessed on 80th Street. The plan,
as it's constructed, all our traffic; will have to come in on 10th Avenue and then come down 81st
Street, which is a residential street, and then on 8th Court, and then into the back of our facility,
which is where our parking is. They have in the plan a barricade, I believe... I can't read it, I
believe it's F-12, on 79th Street and Northeast 7th Avenue, which is a signalized intersection.
47 July 14, 1994
Number 12. All we would ask for consideration is that that he moved back about, I guess fifty
yards, so that it blocks at the corner of 80th Street and 7th Avenue, so that our rear traffic can
come in on 7th Avenue, whiCh is the signalized interchange, go down to 80th Street, make a
right turn. It's about half a block into the rear entrance.
Mayor Clark: I don't think there's an objection to that. I think you've...
Mr. Loffredo: That's all.
Mayor Clark: All right.
Commissioner Plummer: As long as you have signs there so people don't pull down and go the
half a block, and find out they got to turn around and go back. That's the problem that could be
created.
Mayor Clark: All right.
Commissioner Plummer: So I think that if you do, then, agree to that, Mr. Lee, you've got to put
the signs.
Vice Mayor Dawkins: Move it.
Mayor Clark: It's been moved by Mr. Dawkins.
Vice Mayor Dawkins: We let others... Certainly, we have let other communities have
barricades. Let's give it to these. I move it.
I
r
Commissioner Plummer: I'll second it, but I want to make a couple of statements.
Mayor Clark: Please, we're trying to move, J.L.
Commissioner Plummer: First and foremost, don't expect those things to be there tomorrow.
Second of all, I want all of you to know, by virtue of what has happened in other neighborhoods,
the final word on any traffic diversion does not rest with this City. It rests with Metropolitan
Dade County. In some instances where this City has passed, to the behest of neighbors, the
County has come back and countermanded what this City Commission has done. So I want you
to know that there might come the day where you have to go to the County and raise holy hell
with them, if they decide that they're going to change what is being approved here today.
Mayor Clark: J.L., I think they got the ability to handle those things.
Commissioner Plummer: OK. I just want to make sure.
Mayor Clark: Call the roll, s
48 July 14, 1994
1
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-494
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND PERMITTING THE
RESTRICTION OF VE1-1ICULAR ACCESS TO CERTAIN STREETS IN THE
SHORECREST NEIGHBORHOOD IN ITIF CITY OF MIAMI, FLORIDA, IN
ACCORDANCE WITH PLAN "A" AS A'I TACI IED 1-I1RETO ANI) MADE A PART
HEREOF, FOR A 120 DAY TRIAL BASIS, SUBJECT TO THE MODIFICATION OF
PLAN "A" TO SHOW BARRICADE #12 RE'LOCATED 50 YARDS TO THE NORTH
SIDE OF NORTHEAST 80'1'11 S'TREFAT TO ALLOW 'TRAFFIC TO ENTER
NORTHEAST 7I'H AVENUE AND GAIN ACCESS TO NORTHEAST 80TH
STREET, AND SUBJECT FURTHER TO THOSE OTHER CONDITIONS AS SET
FORTH HEREIN.
I (Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Before I vote, I want to explain to the public that these studies have been
conducted by Dade County Traffic and Transportation. We had our own consultant, also, that
did a study of traffic in the area before it came to us. Yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Thank you all. Thank you.
Mr. Geenty: Thank you very much.
(APPLAUSE)
i
Mayor Clark: Leave quietly. Please leave quietly. We got this place overloaded right now.
i
Unidentifed Speaker: We take off our hat to you.
Mayor Clark: You got you a couple of votes, J.L.
Commissioner Plummer: Yeah, I gotcha. There you go.
July 14, 1994
----------------------------------------------------------------------------------------------------------------
10. RESCIND RESOLUTION 79-807, THEREBY PROVIDING FOR REOPENING
THE PORTION OF JEFFERSON STREET BETWEEN THE SOUTH RIGHT
OF WAY LINE OF WASHINGTON AVENUE AND THE NORTH RIGHT OF
WAY LINE OF CHARLES AVENUE, WITH PROVISOS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. A resolution rescinding Resolution Number 79-807, providing for the
reopening of a portion of Jefferson Street situated between the south right-of-way line of
Washington Avenue and the north right-of-way... Are there persons here on that item?
Mr. Cesar Odio: Mr. Mayer, we recommend this, provided that any cost to build the street or
whatever, which is estimated to he about a hundred and forty-eight thousand, two hundred and
sixty-two dollars are paid for by the School Board.
I
j Commissioner Plummer: What is the purpose of opening it? -
}
Mr. Odio: So that the buses can drive around the school
Commissioner Plummer: Yeah, that's right, the safety problem. I'll move item nine.
i
I Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll
Commissioner Plummer: Wait a minute, excuse me. Somebody wishes to be heard.
Mayor Clark: Are you in opposition?
Mr. Wally Lee: No, sir. It's... Mr. Levine from the School Board would like to address the
Commission.
Mayor Clark: Well... When to hold and when to fold. You understand? You want to win this
thing or lose it? You want to open it?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
j Mayor Clark: Well, you're recommending it, aren't you?
j
Mr. Odio: No. It's some people in the neighborhood, but we're saying...
Vice Mayor Dawkins: OIL. All right. Let's hear from him, because we're getting ready... I
know what to do. Go ahead. Let's hear from you, sir.
Commissioner Plummer: What? What's the problem?
Mayor Clark: I don't understand. They wanted...
iMr. Michael Levine: My name is Mike Levine with Dade County Public Schools. We are not
the petitioner or applicant for this reopening. We are supportive of it...
50 July 14, 1994
Vice Mayor Dawkins: OK.
Mr. Levine: ... but have not indicated our ability to fund any road improvements as a result.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Then it doesn't...
Vice Mayor Dawkins: Hold it, hold it, hold it. Go ahead. What else?
Mr. Levine: I'd say that we support it, we would certainly ride our buses through there. I think
it would he a benefit for the community.
Vice Mayor Dawkins: OK.
Mr. Levine: They're the ones that are moving this forward.
Vice Mayor Dawkins: OK. Then we would suggest that the School Board go out Charles Street,
' open up a road behind the school, on out to... What's that road, J.L., what... that Circle-K is on?
What road is that? Is that LeJeune Road?
Commissioner Plummer: Yeah, on LeJeune.
Vice Mayor Dawkins: All right. If the School Board does not want to make the necessary
repairs to the road, then we will suggest that you do not use the street in front of Saint Albans.
We will block it off; that you do not come from Grand Avenue down that street, Booker or
whatever it is, whatever the street is; that you must go all the way down to Grand Avenue -
Douglas, and go down Douglas to Charles, and to get out of the area, you go through the School
Board property, all the way over to LeJeune Road, and turn right on LeJeune Road, going back
to town. Now, you can make up your mind what you want to do.
Mayor Clark: Let me suggest this. Let's pass it with the Manager's recommendation, and let the
School Board live by it.
Commissioner Plummer: Of course. If the School Board doesn't want to pay for it, let them
answer to the neighbors.
Mayor Clark: That's right.
Mr. Lee: Mr. Mayor, may I make a suggestion to the recommendation?
Mayor Clark: Yes, sir.
Mr. Lee: I would recommend that this be passed, subject to finding that the School Board...
Vice Mayor Dawkins: No. I'm not going to "subject to" nothing from the School Board. No.
No, Mr. Lee. No, Mr. Lee. No. It's not subject to the School Board... It's subject to the School
Board accepting this, period.
Commissioner Plummer: Finding the money.
Vice Mayor Dawkins: That's right. They're getting ready to raise my taxes. I passed a billion
dollar bond issue, and every time I want something... then they give away a whole piece of
property for a dollar, and you want me to come on and be... acquiescent?
51 July 14, 1994
Mayor Clark: The action... Please. The action is, the motion is being offered by Mr. Gort with
the stipulations the Manager has written into it. And you can take this hack to the School Board,
and this is the law of this community.
Vice Mayor Dawkins: That's right. i second. Second, Mr. Mayor.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-495
A RESOLUTION CONDITIONALLY RESCINDING RESOLUTION NO. 79-807,
ADOPTED NOVEM13ER 26, 1979, THEREBY PROVIDING FOR THE REOPENING
OF THAT PORTION OF JEFFERSON STREET SITUATED BETWEEN THE SOUTH
RIGHT OF WAY LINE OF WASI-1INGTON AVENUE AND THE NORTH RIGHT OF
WAY LINE OF CHARLES AVENUE (A PRIVATE ROAD), FOR A DISTANCE OF
377.39, SAID RESCISSION CONI11NGE.NI' UPON ALL COSTS CONCERNING
SAID REOPENING BEING PROVIDED BY THE DADE COUNTY SCHOOL
BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
52 July 14, 1994
19
------------------------------------------------------•----------------------------------------------------------
11. RATIFY CITY MANAGI?R'S FINDING THAT AN EMERGENCY NEED
EXISTED -- WAIVE COMPETITIVE SEAI..ED BIDS -- APPROVE
ACQUISITION OF 'TRUNK ORGANIZERS FROM L.L. DISTRIBUTOR --
APPROVE PURCHASE OF LIFE RING BUOYS FROM CRUISING GEAR,
AND FIRE EXTINGUISHERS FROM FIREMASTER -- FOR POLICE
DEPAR'TM ENT-- ALLOCATE $34,86 1.
-----------------------------------------•------------------------------------------------------------------------
Mayor Clark: Item number 10.
Mr. Cesar Odio (City Manager): Eleven, sir. You did 10 already.
Vice Mayer Dawkins: We did 10 already. Eleven.
Mayor Clark: All right. Number 11.
Commissioner Plummer: Forget it.
Mayor Clark: Find... An emergency funding existed.
Commissioner Plummer: For what?
Mayor Clark: Seventeen -five.
Commissioner Plummer: is this...
Mr. Odio: The reason we had to buy this on an emergency basis, Mr. Mayor, we had a hundred
and some cars delivered for the Police Department. This is part of the equipment that must go
inside a patrol car, so that they are safe, and we had to buy...
Mayor Clark: Is there a motion?
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second, under discussion. Mr. Manager, what is the need for a life ring
buoy in a City of Miami patrol car?
Mayor Clark: To save somebody that fell in the water.
Mr. Odio: If they are dealing with water incidents, then that must be part of the equipment that
they have to have. We deal with a lot of water incidents.
Mayor Clark: Any further discussion? Call the roll, Madam Clerk.
53 July 14, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-496
A RESOLUTION, BY A 4/5TI-IS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFT FR A DULY ADVERTISED PUI3L,IC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THF, RI:QUIRIFMIFNTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE ACQUISITION OF TRUNK ORGANIZERS, IN THE
AMOUNT OF $17,500, FROM L.L. DISTRIBUTOR; FURTHER APPROVING:, THE
PURCHASE OF LIFE RING BUOYS, IN THE AMOUNT OF $10,449, FROM
CRUISING GEAR, AND FIRE, EXTINGUISHERS, IN THE AMOUNT OF $6,912.00,
FROM FIREMASTER, ON AN EMERGENCY BASIS AND UNDER BID NOS. 93-94-
072 AND 93-94-073 FOR A TOTAL. PROPOSED AMOUNT OF $34,8f 1.00 FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPAR'1,MENT GENERAL. OPERATING BUDGET, INDEX CODES
290201-722 ($24,412) AND 290201-719 ($10,449).
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Dawkins: Second roll call. It's an emergency, Madam Clerk.
Ms. Matty Hirai (City Clerk): It's four -fifths. It's a resolution.
Vice Mayor Dawkins: OK. No problem.
Ms. Hirai: Yeah.
54 July 14, 1994
z:
----------------------------------------------------------------------------------------------------------------
12. WAIVE COMPETITIVE SEALED BIDDING PROCEDURES FOR
PROCUREMENT OF PAINTING SERVICES FOR THE MIAMI SPRINGS
GOLF COURSE CLUBHOUSE FROM MANOLO HORTA PAINTING
COMPANY -- RATIFY CITY MANAGER'S FINDING THAT A VALID
PUBLIC EMERGENCY EXISTS -- ALLOCATE $13,500.
Mayor Clark: Next item, another four -fifths on the painting of the golf' course.
Vice Mayor Dawkins: [have.... Before you go, I'd like to read into tile record a protest, not that
it matters.
Mayor Clark: Yeah.
Vice Mayor Dawkins: It says:
"Construction Company Painting. Please be advised as a resident of the City of
Miami, a taxpayer in the City, a vendor for the City, and as a member of the
Coconut Grave Village Council, I strongly object to waiving the formal
competitive hid process for painting the Miami Springs Goll' Course Clubhouse.
There is no emergency painting. The interoffice memorandum states that during
a roof replacement several months ago, the paint finish was damaged, and the
aesthetics of the clubhouse was destroyed."
I just read that into the record, just because it was submitted.
Mayor Clark: Well, let me say that I don't know who wrote it, but God bless them. They
could...
Vice Mayor Dawkins: That's right.
Mayor Clark: There were bids taken on this, were there not?
Mr. Cesar Odio (City Manager): Yes, sir, on an emergency basis. We actually gave it to a City
of Miami resident, a company. We are paying ten percent more because of the residency issue,
but that's the way the policy reads.
Mayor Clark: This public building, belonging to the City of Miami, has not been painted in
twenty-five years, that I know of.
Mr. Odio: At least.
Mayor Clark: And I can tell you, it was an absolute, utter disgrace. And I support this a hundred
percent because, I tell you, it was... People wouldn't even go near the golf course. In fact, you
could come up to... We had to put some pavement out there. People were breaking their ankle
walking into the golf course. It was terrible. So I've got a motion on this? Do you move it,
Willy? Is there a second?
Commissioner Plummer: Mr. Mayor, I'll second it, but, you know, I think that we've got to go
back to the integrity of the bidding procedure. You know, we've got to do it, it's done and we're
ratifying, but, you know, it's... In my mind, it's hard to justify that you've got to paint a building
that is an emergency. OK?
55 July 14, 1994
`�0
Mayor Clark: How many times has this happened?
Mr. Odio: To my knowledge, this is about the first time. And we had to do this, Commissioner,
on the paint job, because of the conditions...
Commissioner Plum►ner: OIL:. I just...
Mr. Odio: ... we couldn't rent the place.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-497
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, FORMAL COMPETITIVE SEALED
BIDDING PROCEDURES FOR THE PROCUREMENT OF PAINTING SERVICES
FOR THE MIAMI SPRINGS GOLF COURSE CLUBHOUSE FROM MANOLO
HORTA PAINTING COMPANY; RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING THAI' A VALID PUBLIC EMERGENCY
EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES; ALLOCATING
FUNDS THEREFOR IN A TOTAL AMOUNT NOT TO EXCEED $13,500 FROM
` LOCATION NO. 4.5-061, ACCOUNT NO. 417502-805102-340 ($600) AND
ACCOUNT NO. 31 1039-805101-340 ($12,900).
I
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Plummer: Thirteen has been deferred until what? September?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: Yeah.
56 July 14, 1994
P
-----------------------------------------.--..-------------------------------------------------------------.-------
13. PERSONAL APPEARANCE: MR. RUBEN KING-SHAW, JR., CHAIRMAN
OF MIAMI CENTENNIAL '96, CONCERNING EARLY PLANNING STAGE
RE THE MIAMI CENTENNIAL CELEBRATION.
Vice Mayor Dawkins: We're on 14 now, Mr. Mayer.
Mayor Clark: Fourteen.
Commissioner Plummer: Yeah. Mr. Mayor, I was the one who brought to the table some time
ago about the City of Miami Centennial Celebration, that we he in the driver's seat. And I want
to tell you, sir, I'm very tickled pink now to find out that you are the Honorary Chairman. I'm
tickled pink to find out that our people are running; the show, and I want to congratulate the
Manager for putting; Angela there, because I think she is really doing; what is expected from the
City for that Celebration. And I just think that it's... I'm very, very well pleased, and I just want
to put that on the record.
Mayor Clark: Well, for your edification, we are soliciting all major, major players in this
situation to raise as much money as possible.
Commissioner Plummer: Absolutely. But we make the decisions.
Mayor Clark: And we're going to continue. All the big airlines, all the shipping industry, and
everything else. They may he part of the County, but they have a dateline Miami, and we're
going to make them live up to that.
Commissioner Plummer: So be it.
Mayor Clark: Mr. Gort.
Commissioner Gort: Well, Mr. Mayor, I think the... Bringing all of us working together, that's
one of the things we talked about in the past, and I'd just like to remind J.L. that he appointed me
to the seventy-fifth anniversary celebration, and we did a great job at that time, too, if you recall.
Commissioner Plummer: That's for damn sure.
Mayor Clark: Angela, do you have any response?
Ms. Angela Bellamy: The only thing I'd like to say, Mr. Mayor and members of the
Commission, is Mr. Ruben King -Shaw, who is the Chair of Centennial '96 is here, and he would
just like to address you briefly.
Mayor Clark: Please do.
Mr. Ruben King -Shaw, Jr.: Thank you. Ruben Jose King -Shaw, Jr., 4754 97th Court. I have
with me five - excuse me - five packages that outline our mission, give you a sense of who the
people are who are bringing you the Centennial Celebration. My comments this morning are
really, in the briefest of fashion, to give you a sense of who we are, to formally introduce
ourselves to you and myself to you; a brief outline of the development of Miami Centennial '96,
how we came to be; a quick status on where we are in our development, in terms of event
57 July 14, 1994
planning and fund-raising, and then share with you our plans for the 96th Birthday Celebration,
which is set for July 26th of this year. And then, if there's same time to solicit your support and
recommendations on how to proceed further. In the quickest of fashions, Miami Centennial '95
is an outgrowth of an organization that was called the Miami Anniversary Committee. That
organization received the blessing and imprimatur of the City Commission, Dade County Public
Schools, the. County Commission, to he the coordinating body of the Centennial Celebration
scheduled for 19...
Commissioner Plummer: But that was changed at the last Commission meeting.
Mr. King -Shaw: Correct. OK. That group has expanded. It reached out in early February of
1994, this year, to a hroad community of individuals from all over the civic and corporate
sectors, to help with the fund-raising, event planning, memhership recruitment, et cetera. That
larger group has been called Minmi Centennial '96, to communicate to the world and to the
community that this group is dedicated to one goal, which is the celebration of our centennial
year. That larger group has an advisory committee.. As you know, the Mayor is the chairperson.
It has a steering committee., and it has an executive committee. Angela Bellamy, of course, is a
part of both groups. It has a...
Commissioner Plummer: Whoa, whoa, whoa, excuse me.
Mr. King -Shaw: I'm sorry.
Commissioner Plummer: Angela Bellamy, according to the City Commission's action of the last
meeting, is not a part of that committee. She is the chairman of those committees, and will run
those committees, and she will appoint who serves on those committees.
Mr. King -Shaw: Agreed.
Commissioner Plummer: OK.
Vice Mayor Dawkins: Secondly, Mr. Mayor, may I ask one question? I see everything here
except a budget.
Mr. King -Shaw: OK. The only reason why that is not there is because I didn't bring it. There is
a budget. There is a start-up budget of three...
Vice Mayor Dawkins: No, no, no. What is the total budget?
Commissioner Plummer: A whole lot of money.
Mr. King -Shaw: The total budget is approximately five hundred thousand dollars.
Vice Mayor Dawkins: That's all?
Mr. King -Shaw: That's all. And that has been raised by corporate contributions.
Mayor Clark: You struck a nerve there.
Mr. King -Shaw: I will tell you why. I will tell you why.
Vice Mayor Dawkins: No, no, no. I will tell you why after you don't do it. Five hundred
thousand dollars is not a hell of a lot of money. But if you say you can do it, I'm with you. OK?
58 July 14, 1994
�k r
Mayor Clark: We're going to get all we can. All we can. Dave Hill is going to give about fifty
thousand, himself.
IMs. Bellamy: Mr. Mayor and members of the. Commission, I just want you to know that all of
the activities will he in the: City of Miami. We're looking for office space in the City of Miami,
and on July 216th, after the break for luncli, we will have a cake so that we can celebrate the
City's ninety-eighth birthday, and at that time, we will have the unveiling of the logo. And we
will continue to give you periodic updates ol' Centennial '96.
Mayor Clark: I'm going to stay right on, right with You all the way, Angela.
Y Y b
Ms. Bellamy: Thank you.
Mayor Clark: All right. Thank you, Mr. King -Shaw. Anything further? Very good. Thank
you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
4
----------------------------------------------------------------------------------------------------------------
14. PERSONAL APPEARANCE: MR. MICHAEL A. DUDIK -- TO DISCUSS
THE CELEBRATION EXCURSIONS OF MIAMI, INC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Number 15. Mr. Dawkins.
i
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: Michael Dudik to discuss Celebration Excursions of Miami, a boat.
Vice Mayor Dawkins: Yes, sir. I just have to say that this gentleman came to my office and said
he could not be heard, and I told him to come before the Commission and lie could be heard.
Mayor Clark: OK.
Vice Mayor Dawkins: Where is... Mr. Manager, this gentleman said he could not be heard, so if
you'd hear him, and that's it. I mean...
Mr. Cesar Odio (City Manager): I heard him. I met with him yesterday. We - the day before
yesterday. We tried to come up with an alternative berthing for his boat, and he said, no, he
wanted what he wanted, or else he would be here today. We cannot please him. I want you to
know that he owns three boats that operate here from Dinner Key Marina, and the reason we
originally did not give him the site that lie wanted was because we had to send him ninety-seven
letters trying to collect the money he owes the City. And...
Vice Mayor Dawkins: Did he pay you, Mr. Manager?
Mr. Odio: Yes. He still owes some money, but...
Vice Mayor Dawkins: What does he owe the City?
Mr. Odio: I don't remember what the amount is...
59 July 14, 1994
Unidentified Speaker: He just paid July's yesterday.
Mr. Odio: He just paid July yesterday, since, i guess, he was coming here today.
Commissioner Plummer: May 1 inquire, Mr. Manager?
Mr. Odio: He's trying to dictate to us where he wants to put his ship. We offered him - his boat.
We offered him that we would have a meeting with the ether heat operators inside the basin
before we could even talk to him, hecause it could affect the operations of others.
Mayor Clark: Excuse. me, Mr. Manager. You don't dictate down here. You make a request. If
you don't like the request, we're sorry. You make a request, that's what we're up to now. No
dictation here.
Vice Mayor Dawkins: OK. But by the same token, whether lie requested, dictated or begged,
four boats have been given the slips that he asked for, long after lie requested them.
Mr. Odio: Mr. Mayor, and Mr. Commissioner, we... Originally, the Celebration... I may forget
the names. I was just briet'Cd today, sir. We gave them the T-slip where he wanted it. And he
decided that it wasn't profitable, so he moved it up Wisconsin. Then when he decided to bring it
back, he wanted the slip back,
Vice Mayor Dawkins: And you had already leased it to someone else?
Mr. Odio: We had already given all of the slips out. There's other boats operating there. It's a
question... We are still willing to work with him in an alternative site, but it's up to you.
Mayor Clark: You know, I believe this... We have a Waterfront Board, haven't we?
Mr. Odio: Yes, we do.
Mayor Clark: Why don't we send them to the Waterfront Board. Let... Those people know that
bay like the back of their hands.
Commissioner Plummer: It's not the hay.
Mayor Clark: What's that?
Mr. Odio: It's inside.
Commissioner Plummer: It's not the bay. It's the inside of the Bayside.
Mr. Odio: The basin.
Mayor Clark: Don't you think they don't know that, too. They know plenty about it.
Mr. Odio: But it will affect... Bayside people have to be involved. It's going to... He is going
to have to build a slip there to tie into the location where now it's being used by boat owners to
come in and get off, and go and walk inside the area. The Hard Rock Cafe is affected. They
have told us they don't want him there, because it's too close to the Hard Rock Cafe, and it will
affect their business. It's not as simple as it seems.
Commissioner Plummer: Let me ask a question, Mr. Manager. Who controls the slips? Do
we...
60 July 14, 1994
1�1
Mr. Odio: We do.
Commissioner Plummer: Or does Bayside?
Mr. Odio: We do.
Commissioner Plummer: Bayside has no say in the matter?
Mr. Odio: But that we consult with them.
Commissioner Plummer: Do they have the right of veto?
Mr. Odio: They would have the right to tell us that they have to... that they don't agree, and if
they don't...
Commissioner Plummer: Do they have the right...
i
Mr. Odio: Yes,
Commissioner Plummer: ... to say no?
A. Quinn Jones, III, Esq. (City Attorney): They have the right to consent.
Mr. Odio: To consent.
Mr. Jones: They must consent.
Commissioner Plummer: They have, they have the right of veto.
Mr. Odio: Yes.
Commissioner Plummer: OK. That's what I wanted to ask. OK?
Mr. Michael Dudik: Mr. Mayor Clark and Commissioners, if I may have just five minutes to
briefly explain.
Mayor Clark: We're counting. Go ahead.
} Mr. Dudik: I didn't bring a chart. We are requesting from the Commission to intervene and
direct the marina manager and dock master's office to assign a permanent commercial dockage
agreement on the south quay wall at Miamarina for the passenger vessel, Celebration. For the
past four years, Celebration has made numerous attempts to secure a dockage agreement for the
commercial vessel, Celebration, in Miamarina, with the operating; consent of Bayside
Marketplace. Over the years, we have been met with constant shifting and unjustified reasons as
to why dockage would not he granted. Some of the reasons given were: We had to wait for new
construction, now stretching over four years. No dockage space was available. However, other
commercial vessels were given assignments. I had to have prior approval from Bayside
Marketplace, which we have received. And most recently, two days ago, in a meeting, I was a
bad risk because of late payments at Dinner Key Marina, although I have paid in excess of two
hundred and eighty-five thousand dollars to the City of Miami for the past twelve years in
dockage, and according to my records, there are no hack dockage fees at Dinner Key Marina.
Yet, the City still_ refuses to give a dockage assignment for Miamarina. For four years, I have
been frustrated, running; around and I_cannot understand why I have not been assigned dockage,
61 .July 14, 19.94
which I am entitled to have, while seven other commercial vessels have received dockage
assignments with signed contracts at Miamarina, and everybody should have had a packet
referring to contracts and agreements in your packet. Two of these vessels, Miami Queen and
Paddlewheel Queen, which are in the pink area on the chart here, and also in your packet, not
only received dockage agreements iniuliediately, but they were extended multi -year three -lease
agreements at tile. Bounty location on June 24, 1993. This location was one of the requested
locations we had formally requested, with acknowledged receipt of application deposit to the
City of Miami since 1990. In fact, we negotiated a dockage agreement with the City to use the
Bounty space. Bounty was absent in i�ebru:uy of 1992, yet the City of Miami refused to sign.
When the Bounty left permanently, the City then entered into an agreement with the Miami
Queen. On September 27, 1990, the Sallie issue was brought up at the Commission hearing,
under Personal Appearances number 8. In discussion over the. issue, Mr. Odio said, and I quote:
"I would suggest they go to the Waterfront Board first," unquote. With that advice, we did.
Presented our case to the Waterfront Board on October 2, 1990. Item number 5. A motion was
made to recommend to the City Commission that Mike Dudik he allowed dockage space at
Miamarina when available. The Waterfront Board voted oil this motion, which was
unanimously passed, eight to zero, with one absent. This recommendation was then brought
back to the Commission here on October 18, 1990, and seems to he totally ignored. I come
before you three years, eight months later, and still without a dockage assignment at Miamarina.
For your review, I have enclosed a partial chronology of letters to and from the City of Miami
for the past four years. This does not include the numerous readings, correspondence, telephone
conversations and legal consultation over the years to negotiate and reach an agreement.
Mayor Clark: All right. Let's try to reach one here now.
Mr. Odio: Mr. Mayor, just for the record, the Miami Queen, it seems that that's the position he
wanted. I offered him that I would put him next to the Miami Queen, that I would move the
Miami Queen, and he said, "No, I want it inside the basin." So to use the Miami Queen now as
an example of getting an agreement there, when he told me two days ago that lie would not want
it outside, he wants it inside, where he wants it.
Mayor Clark: Why, sure, sure, it's always protected. Let me say this. How soon are the new
pilings going in now at the Miamarina?
Mr. Odio: Mr. Mayor, we expect... We are in the design phase now. We should be under
construction by April of next year. That whole place will... All those boats will have to be
moved while we're under construction. We have indicated also that to them.
Mayor Clark: That would be very dangerous.
Mr. Odio: So the whole area will be a construction site next year...
Mayor Clark: Because there would be a tremendous liability to the City if you had that place
occupied back when they're trying to do that.
Mr. Odio: It's not only that, Mr. Mayor, we... Mr. Mayor, the location that he wants, it will, I
think, affect the hard hock Cafe, and it will also affect the boat owners that don't have a - we
don't have a marina there now - that want to come by boat to shop at Bayside. So all we said to
him, two days ago, let's have a meeting with the people that could he affected, and if they
consent, I have no problem, as long as it's temporary, because when we start construction, you
will have to move. That's not acceptable. I offered him a place outside where...
Mayor Clark: Will you accept the place outside?
62 July 14, 1994
Mr. Dudik: It is not protected, Mr. Mayor.
Mayor Clark: I'm sorry, sir. We don't run the weather. The Dear Lord does that. I know. I'd
like to be protected, too. I'd like to have inland, everything protected. But some people have to
get out there and rough it.
i
Mr. Howard Sutter: May it please the Conlinission, Mr. Mayor, my name. is Howard Sutter, I'm
f an attorney representing Celebration Excursions. I have offices on Key Biscayne in Florida.
Our problem is more with the fact that the way in which this whole thing has been managed over
the last four years reflects a complete disregard for the following of the City of Miami Code
provisions with respect to seniority. A number Of vessels have been placed in that marina at the
same time Mr. Dudik had seniority, had all of his docuil]ents in place, and had deposits on file.
And instead, other people were put ahead of hill]. What the Manager just said a moment ago is
that lie wanted us to agree to have all or our cc�rnpctitoi:s consent to our being in there. Now, that
is ridiculous. You don't go to a Meeting with a hunch of ccmipetitors and say, "Would you guys
like to have another competitor?" You don't do that, OK? And the other thing that lie did to
us... And he can he forgiven. He doesn't have all of the experience with this. This is not his
day-to-day business. But we. came, into this nieeting to discuss a resalution of this problem, and
what lie did was, he laid this past clue listing on us, going back to 1990, and claimed, "We don't
have to do business with you. We just don't have to do business with you." In fact...
Mayor Clark: Had you been a late payer before?
Mr. Sutter: He's been a late payer before, but he is current, he has paid, and the tunny thing
about that argument is, the City just entered into three other contracts in October of '93. So if
we're so bad as a credit risk, what in the world is the City doing entering into those contracts?
Mayor Clark: Sir, I suggest to you there's a spot on the outside, if you'd like to have that spot. I
don't know how you could get inside.
Mr. Sutter: But a spot is available on the inside, and we have stipulated, we have stipulated that
at the time of any construction, we'll move like everybody else.
Commissioner Plummer: Well, show us where you think the spot is inside. I can't see it.
Mr. Sutter: Did you all receive this packet?
Commissioner Gort: Yes, we did.
Mr. Sutter: It's in... It's described in the packet.
Commissioner Plummer: Are you saying where the blue is?
Mayor Clark: Well, I still can't see it. Put it out here in front of the chairs.
Commissioner Plummer: What spot are you speaking of?
Mr. Sutter: It's the location on the south quay wall.
Commissioner Gort: No way.
Mr. Sutter: Right here, with consent already, wuth Bayside Marketplace.
Commissioner Plummer: What's presently there?
63 July 14, 1994
Mr. Dudik: Nothing. There's actually just empty slips for vessels to dock there, and Bayside did
give us...
Commissioner Plummer: OK. Let's list then... Excuse me. Mr. Manager, he said that with the
consent already at Bayside, why would the City not he consensual?
Mr. Odio: I have no knowledge of the consent of Bayside.
Commissioner Plummer: Well, if they are... Let's assume they are. What would the City then...
Mr. Odio: Let me tell you the problem.
Commissioner Plummer: OK.
Mr. Odio: We have gondolas that are operating out there. They feel that the wake that that...
Have you seen the size of this ship that he's talking about?
Commissioner Plummer: Yes, sir, I've been on his ship.
Mr. Odio: OK. That the wake could affect them. We have the Hard Rock Cafe that says that
they will take customers away from them.
Commissioner Plummer: But that's competition.
Mr. Odio: It's not as clear as they're trying to make it sound. If they have no objection from
Bayside, why object to have a meeting with them again? I'd like to have a meeting with the
Bayside people. That's what we offered them. Let's meet with the Bayside people.
Commissioner Plummer: You know....
Mr. Odio: And see if they will agree to this.
Commissioner Gort: Mr. Mayor, I'd like to hear from the Bayside people, because I have had
someone that came to me about six months ago that wanted to berth in the same place, and
Bayside said yes. And then when it came time to deal with it, at the end, they said no, because it
would affect the procedure in there. So I have a problem with it.
Mr. Sutter: In your packet is a letter. In your packet...
Commissioner Gort: Excuse me, sir.
Commissioner Plummer: You know, there's one way to find out, Willy, you know? A motion...
Let me tell you a motion that I'd be willing to make. That the City agree to placing this vessel at
that location, assuming, with the consent of Bayside, who I am told holds that kind of control,
that these people agree that they will move at such time as the construction commences...
Mr. Sutter: Absolutely.
Commissioner Plummer: ... and that the normal rent and everything would be payable at least
two months in advance. Now, you know, maybe... If that motion would fly, I don't know where
the negative on that is. If there is any negative, I'd like to know. I mean, why...
Mayor Clark: Is there a second?
64 July 14, 1994
19
Mr. Sutter: That would he completely acceptable.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: All right.
Commissioner Plumme►: Mr. Manager - Mr. Mayor, I'd like to hear from the Manager, if he
thinks that anything in that motion is negative, and if so, please tell me so, because I don't see
anything negative in that kind of a motion. It's more revenue for the City. It's...
Mr. Odio: If it's subject to the Bayside and the immediate affected people there...
Commissioner Plummer: No, sir. The immediate affected people do not... That's competition.
This country is built on competition.
Mr. Odio: We're not talking about competition. We're talking about that could affect their
businesses by wake and other safety hazards.
Commissioner Plummer: Well, you heard... You know, we disagree there, Mr. Mayor. OK?
Mayor Clark: All right.
Commissioner Plummer: What I'm saying is that if Bayside agrees, which they hold life or
death, according to the City Attorney, then I see nothing wrong.
Mayor Clark: All right. Call the roll.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR DAWKINS, ITEM 15 FAILED BY THE FOLLOWING
VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: Commissioner Wifredo Gort
Mayor Stephen P. Clark
ABSENT: Commissioner Victor De Yurre
Ms. Matty Hirai (City Clerk): It dies.
Commissioner Plummer: That's correct.
Mayor Clark: I'll move to put the vessel on the outside, on the outside of the Hard Rock on the
bay side.
Commissioner Plummer: Well, they don't need a motion for that. The Manager has the right to
do it.
65 July 14, 1994
Mayor Clark: Sir?
Commissioner Plummer: They don't need a motion. The Manager has the right to do it. He's
already offered it.
Mr. Sutter: Is the Manager now saying that he'll give us the Miami Queen's location?
Mr. Odio: No, no. I never said that.
Mr. Sutter: No. OK. I would like to make it clear to this Commission that our biggest problem
here has been the failure to follow the Code proceeding, the Code requirements with respect to
seniority. Unfortunately, with the dying of that motion, which we thank you for, this will not
die. And I hope that we can try some other route, but other than that, we're going to be having to
try to make you, make the City Manager follow the Code.
Vice Mayor Dawkins: Go right ahead and sue the City. Everybody sues and gets a million
dollars. You may as well get a million, too. Be our guest.
Mayor Clark: Thank you, sir.
Mr. Sutter: Could I collect it now?
Vice Mayor Dawkins: That's right.
Commissioner Plummer: The only problem is there's a long line.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
15. AUTHORIZE CITY MANAGER TO NEGOTIATE / EXECUTE NECESSARY
DOCUMENTS TO ACCEPT DONATION PROFERRED BY RANSOM
EVERGLADES SCHOOL TO MAKE CAPITAL IMPROVEMENTS (VALUE
$40,000) TO THE SOFTBALL FIELD AT VIRGINIA KEY PARK, WITH
CONDITIONS.
--------- ------------------------------------------------------------------------------------------------------
Mayor Clark: Item 16. Item 16. The Ransom Everglades School to discuss the use of Virginia
Key site. Yes, ma'am, your name, for the record.
Ms. Enid Duany Mendoza: Yes. My name is Enid Duany Mendoza. My kids go to Ransom,
and I'm on the Board of Trustees, and I'm here to request you to authorize the City Manager to
negotiate and execute an agreement with Ransom Everglades concerning what... a property on
Virginia Key. I don't know if you recall that there's a baseball field there. It's...
Mayor Clark: Excuse me, just a moment. Mr. Manager, have you looked at this?
Mr. Cesar Odio (City Manager): Yeah. I have met with them, yes, sir.
Mayor Clark. Have you...
66. _ July 1-4, 1994
Mr. Odio: As long as they understand, and they know that we have an RFP (Request for
Proposals) process, that there are OTHER plans for the area, and they are willing to spend this
money, knowing... and improving; the property, we'll have a park there available to the public
also.
Mayor Clark: We don't want you to spend this money, and we have to do something else with
it, because we have some great plans for Virginia Key. You understand?
Ms. Mendoza: I knew. I think that's wonderful. What Ransom wants to do is move in on this
window between the time that something actually does come up. The field has laid fallow since
the time of the hurricane. I mean, no one's using it, rend we would make it available for multiple
parties to use it, not only the school.
Mayor Clark: There's no way for us to waive the fee of the Rickenbacker Causeway, either.
Commissioner Plummer: This is a thirty -day revocable per►nit? I don't see it in here.
Ms. Diane Johnson: We... The specifics have not... We would issue a park permit which would
have that provision in it.
Commissioner Plummer: All right. Now, it will be..
Mayor Clark: But you can't waive those fees for the Rickenbacker Causeway.
Ms. Mendoza: We're not requesting; that.
Commissioner Plummer: OK. Here's the improvements they're going to make. The service is
provided... Is service provided by them?
Ms. Mendoza: Correct.
Commissioner Plummer: OK. There has to be, as I said to you earlier this morning, a provision
here, open to the public.
Ms. Mendoza: That is correct.
Commissioner Plummer: It's public land, and they understand that.
Vice Mayor Dawkins: OK. What happens...
Ms. Mendoza: Yes.
Commissioner Plummer: And I'm also concerned about the amount of the insurance liability.
Ms. Mendoza: OK. Ransom has insurance liability.
Commissioner Plummer: In what amounts?
Ms. Mendoza: In excess of five million.
Commissioner Plummer: If that's acceptable to our insurance division.
Ms. Mendoza: If I can say something. We would like just to... We need to negotiate terms that
make the investment worthwhile, reasonable to us.
67 July 14, 1994
Mayor Clark: All right. Mr. Dawkins has the floor.
Vice Mayor Dawkins: That's what I'm trying to see. You're going to spend forty thousand
dollars to be able to use this facility from mid -August, which I would assume to be the 15th of
August...
Ms. Mendoza: Yes, sir.
Vice Mayor Dawkins: ... through the l5th of May.
Ms. Mendoza: Yes, sir, for three hours a day.
Vice Mayer Dawkins: One year, two years, three years, five years, or what?
Ms. Mendoza: What I would like, or Ransom would like, is a minimum of three years.
Vice Mayor Dawkins: Three years minimum, OK?
Commissioner Plummer: Oh, excuse me. Excuse me, Mr. Dawkins.
i
Ms. Mendoza: But not...
Vice Mayor Dawkins: For the three years for the forty thousand dollars, or three years, forty
thousand dollars each year. What are we saying.
i
Commissioner Plummer: They're going to kill the R.V. Park.
Ms. Mendoza: No. Forty thousand dollars is for capital improvements.
Vice Mayor Dawkins: So in other words, you want to spend, you want the property for less than
fifteen thousand dollars a year. OK? Good, no problem. I don't have any problem with that.
OK?
Ms. Mendoza: OK. Plus maintenance.
Commissioner Plummer: He's talking three years.
Vice Mayor Dawkins: OK.
Ms. Mendoza: Plus maintenance.
p Vice Mayor Dawkins: And you...
Commissioner Plummer: Commissioner Dawkins, if I may, to you, sir.
Vice Mayor Dawkins: Yes, sir, go right ahead.
Commissioner Plummer: They're going out within the next ninety days on the RFP for that
property. So I don't think that there's any way, shape or form that this Commission can give you
more than a thirty -day revocable permit. There's no way we can give you a year, because we're
looking for some very large revenue to he coming in. Jack, when will that RFP be going out,
roughly?
68 July 14, 1994
Mr. Jack Luft: We will be before you next week with authorization. We're scheduling in
October, right after the the budget hearings, release of that RFP, it would he ninety days.
Probably the first of the year, we would see proposals hack. Probably he at least three months
after that before we could get a contract. So I'm saying there's probably a year of a window, at
least, where they could use the field.
Commissioner Plummer: Well, but I...
Mr. Luft: And the process will unfold before that. I wouldn't want to predict anything more
than that though.
Commissioner Plummer: Oh, no.
Mayor Clark: Yeah, but if they've got to use that field and put forty grand into it for a year. It
may not he worth their time.
Commissioner I'lumme;r: I agree.
Vice Mayor Dawkins: That's right.
Ms. Mendoza: That's exactly it.
Vice Mayor Dawkins: What I was... I would move, Mr. Mayor, that we allow them to use the
property as long as it is available to them, and that they not be required to make anything other
than the minimum amount...
Mayor Clark: Investment.
Vice Mayor Dawkins: ... of an improvement to it to use it.
Commissioner Plummer: That's fine. But it's still on a thirty -day...
Vice Mayor Dawkins: Yeah, thirty.
Commissioner Plummer: With a thirty -day notice, they're out.
Vice Mayor Dawkins: Just a minimum. If it means nothing but putting clay on the courts, that's
all you do.
Mayor Clark: But don't forget...
Ms. Mendoza: We have to resod the field. We'll... Thank you.
Mayor Clark: That does not free you from the insurance.
Vice Mayor Dawkins: No.
Commissioner Plummer: No, no, no.
Ms. Mendoza: No. The insurance is in place anyway.
Mayor Clark: All right.
69 July 14, 1994
Commissioner Plummer: And they will also be... Excuse me. They will also be responsible for
the gate to be opened and locked at the time that they leave, so nobody else could go in there and
create a liability problem.
Mayor Clark: Mr. Gort, you have the floor.
Ms. Mendoza: Yes.
Commissioner Plummer: You'll be responsible for that.
Ms. Mendo7;i: Yes.
Commissioner Plummer: OK. I'll move it, under those terms and conditions.
Commissioner Gort: Second it, under discussion. My understanding; is that as little work is
going to be clone by some of our staff who are working; on this, so I suggest you get together and
maybe the two of you can come up with something solid.
Ms. Mendoza: Yes. They've been very helpful.
Mayor Clark: All right. Cali the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-498
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND IN COMPLIANCE WITH APPLICABLE CITY CHARTER
AND CODE PROVISIONS, ACCEPTING A DONATION PROFFERED BY RANSOM
EVERGLADES SCHOOL ("SCHOOL") TO MAKE CAPITAL IMPROVEMENTS, IN
AN ESTIMATED VALUE OF $40,000, TO THE SOFTBALL FIELD AT VIRGINIA
KEY PARK; FURTHER PERMITTING THE SCHOOL REGULAR USE OF SAID
FACILITY UNTIL SUCH TIME AS SAID RECREATIONAL FACILITY IS
REDEVELOPED; STIPULATING THAT: (1) IMPROVEMENTS ARE SUBJECT TO
AND CONTINGENT UPON LIMITATIONS AND REQUIREMENTS AS MAY BE
IMPOSED BY THE CITY (2) THE SCHOOL PROVIDES LIABILITY INSURANCE
I IN AN AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, (3)
THE FACILITY WILL REMAIN AVAILABLE TO THE PUBLIC.
(Here follows body of resolution, ornitted 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
70 July 14, 1994
,4A'g
1
Mayor Clark: Item number...
Commissioner Plummer: Seventeen.
Mayor Clark: Seventeen.
Commissioner Plummer: Seventeen was withdrawn?
Vice Mayor Dawkins: Yeah.
Commissioner Plummer: OK.
----------------------------------------------------------------------------------------------------------------
16. (A) INSTRUCT LAW DEPARTMENT TO IMMEDIATELY CHANGE
EXISTING LAW TO ALLOW MIAMI RESIDENTS TO TAKE ANY
NECESSARY STEPS TO PROTECT THEIR PROPERTY AGAINST
CRIME (INCLUDING USE OF BARBED WIRE FENCING) --
DIRECT ADMINISTRATION TO SCHEDULE A PUBLIC HEARING
IN CONNECTION THEREWITH.
(B) GRANT REQUEST BY STIRRUP GROVE HOMEOWNERS'
ASSOCIATION FOR FUNDING ($10,000) IN THE FORM OF LOW
INTEREST LOAN -- FOR INSTALLATION OF GATES AND
LIGHTING IN THEIR AREA (FRANKLIN AVENUE FROM MAIN
HIGHWAY TO HIBISCUS STREET) -- 'INSTRUCT
ADMINISTRATION TO FAVORABLY CONSIDER BOUNDARY
LINES BE CHANGED IN ORDER THAT THEY WOULD BE
CONSIDERED AS PART OF THE TARGET AREA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 18, Stirrup Grove Homeowners' Association. Is it you up here on this,
Dave?
Commissioner Plummer: Do we have the Police Chief here?
Unidentified Speaker: Yes, he's here.
Commissioner Plummer: Or his representative?
Ms. Kitty Roedel: Good morning, Commissioners. My name is Kitty Roedel, and my address is
3416 Franklin Avenue. We're here today to speak about a persistent crime problem on Franklin
Avenue, and it's been there for well over a year now. For those of you not familiar with the
street, we have the Taurus Bar, which has,). lot of people, St. Hugh's Church, which has a lot of
people, some rental apartments, and then two phases of Stirrup Grove. We have three issues that
we've been dealing with. There's an alleged crack house in the neighborhood, we have armed
robberies on the street in broad daylight, and we've had fifty-one break-ins to our parked
automobiles inside of our guarded gate since Thanksgiving. Recently, we've been working with
the Police Department in the last month and a half, and they have responded very well, and there
are special units patrolling and helping us out. And what we wanted to request today is the
71 July 14, 1994
possibility of the placement of a police car somewhere between the corner where the Taurus and
Main Highway and Stirrup Grove, like you did at Grand and Douglas, and you got that
intersection hack, and/or helping Stirrup Grove with a long-term low interest loan to build a
security fence and extra security lighting. We understand... Thelma was here from the NET
(Neighborhood Enhancement Team) office and - there she is - and Franklin Avenue is just one
side of the street away from being a target area. And possibly, if we could get included in the
target area, wee could become eligible for this that would help us with securing the premises.
Also, I wanted to remind the Commission that at the corner of Franklin. the City is building this
townhome project. I think the townhomes are going to he around a hunched thousand dollars,
and that's right at the corner of" Franklin Avenue. So somehow, we've got to reclaim that street.
We've lost it to these kids on hikes with guns, in hroad daylight, and someone's going to get
killed, and we hope it's not us, and we need your help. And if the City of Miami wants to be a
tourist mecca, and all they have is Bayside and CocoWalk, then they've got to start protecting
Coconut Grove, because sonlehody's going to get shot going to dinner and parking their car.
And lastly, our taxes are going up, and our property values in Stirrup Grove are going down. It's
harder to rent, it's harder to sell properties, and we're kind of desperate, and we need some help,
and we have other members here to speak.
Mayor Clark: We'll see what we earl do right now. I think you all will exercise about the same
argument this lovely lady gave us.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: But please make it as shortas possible.
Commissioner Plummer: Steve, you better give the priest the rite.
Mayor Clark: I will, don't worry.
Ms. Marian Richey: Marian Richey. I live in Stirrup Grove, as do the rest of the people who are
here on our behalf. And one thing I'd like to add to what Kitty has said, and I think it relates
directly to the crime problem as well. On the street there, I occasionally walk the strip between
our homes and the corner of Main Highway. I spend about six months of the year, and I have
done every year for the last ten years, calling the City of Miami and asking them to clean up the
street. I am very well aware that a lot of the debris that's there is placed there by individuals
who drive in at night and say, "Let me dump this here, because nobody's around," The border of
St. Hugh's parking lot has no residences on that side, and therefore, you have a long strip. And
without more police coverage, these people who come in and dump at night have every
opportunity to do so. I step over glass, I step over grass that's growing out of the sidewalk, and
this has been totally ignored, except when I get so upset that I'm calling them daily, and then it's
cleaned maybe once a year. And I think this would help.
Mayor Clark: Let us work on that. Let us work on that, please.
Ms. Richey: Thank you
Mayor Clark: Other persons want to add something? Father, I'll get to you in a minute.
Mr. Jack McCutcheon: My name is Jack McCutcheon. I live at 3404 Franklin Avenue, and I've
known J.L. for about 30 years. And it's not safe to walk from our place to the Taurus
Restaurant.
Mayor Clark: Did you know that, J.L.? It's not safe down there?
72 July 14, 1994
AM1
Commissioner Plummer: Mr. Mayer, there is... There's a major prob...
Mr. McCutcheon: I wouldn't consider... i've. been mugged with a baseball hat walking my dog,
and I wouldn't consider walking down the street without a pistol in my belt, in broad daylight.
Commissioner i'lumrnei-: Mr. Mayor, there is a major problem there. One of the major
problems is the. fact that around the corner from where they live is a cocaine distribution center.
I mean, they just... it's an open pharmacy there.
Mr. McCutcheon: Excuse me, sir. It's across the street from us, there's a crack house.
Commissioner Plummer: i came and i think i told some of you before, Sunday morning at
around eight o'clock in the morning, I ran off of Main coming around onto Franklin. There was
a kid on a bicycle, and i stood right there and watched him throw something right through the
window, reached in, took a tennis racket and rode off on his bicycle. I mean, that's how bold
they actually are.
Commissioner Gort: Did you chase him?
Commissioner Plummer: No, I didn't chase him. For what? They're going to go to court and
turn him loose. I mean, what the hell would you want to chase him for? I mean, that's... That's
one of your major problems.
Mr. McCutcheon: We have prowl...
Commissioner Plummer: Tile police are catching them. OK?
Mr. McCutcheon: Besides the fifty -some burglaries since Thanksgiving, we have problems in
there two or three nights a week, being robbed, and everything.
Commissioner Plummer: They had another armed robbery there last night, right at the
restaurant, nine -thirty, nine -thirty last night, had another robbery. And this, you know, the two
kids on the bicycle, every Friday. Ask him, lie works there. He knows exactly what's going on
there. He works at the restaurant.
Mayor Clark: OK, Jack. Thank you, sir. Father, what do you have to say?
Reverend John Vaughan: My name is Father John Vaughan. I live at 34.55 Royal Road, which
is the corner of Royal Road and Franklin Avenue. I concur with everything Kitty said, but she
was not sufficiently dramatic to portray the existing situation. If I saw any of the Commissioners
walking on Franklin Avenue, in the evening time, at night, if I was driving by, I would stop and
tell them, get off the road, because I know full well that you would be mugged. And my
assistant was held up at gunpoint a few weeks ago, and I was field up at gunpoint a few years
ago. I have witnessed people being shot and taken to Jackson Hospital. Any Saturday morning,
especially Saturday morning or Sunday morning, YOU Can drive by there, and you will find the
fragments of glass that indicate the devastation of property that is taking place. One of our cars
were broken into behind the fence just a few days ago. But what I'd like to add to what has
already been said, as well as to concur with the recommendations, is that the police, alone, are
not going to take care of the problem. I work at Grove Outreach, which is at the corner, which is
on Grand Avenue, just a half hlock west of Douglas Road, and I'm very well aware of the crime
in the black Grove. And they're suffering just as much as we are. It will take... It necessitates
the cooperation both of the local residents and the police. It's not sufficient to call the police
when something is about to happen, because the police are already late. We will have to work
much more closely with the police if we are going to take back the road from the criminals.
73 July 14, 1994
Keep in mind that the criminals are carrying guns, and they're highly dangerous. And if we are
to take back Franklin Avenue from the criminals, it will mean the cooperation and working
directly with presence of the police. Thank you.
Commissioner Plummer: rather, your problem there is that the residents - ;and i've said that
same thing many times - you can't convince. me that Ms. Armbrister and others in Coconut
Grove don't know every one of' those purse -snatchers by first name-, that they know every one of
those drug kids out there making a thousand dollars a day, they know by first name. But let the
tell you something. They don't want to conic. forward, because they're scared to death of
retribution. They're scared that that little crack dealer is going to come hack and shoot them,
instead of shooting the poor tourist that's down there trying to buy cocaine.. That's the problem.
And you have to understand that, yes, the community is up to here.. The police respond every
day to the corner of Plam and Grand of people who are calling them, not only telling; them
they're'- selling coke on the corner, they're telling them it's under the garbage can, behind the
green rock. OK? But when they go down there with a blue and white, they're wasting their
time, because they scatter. You cannot ask the community to do something that they're going to
put themselves in danger. I would not ask that of the community. Yes, the community knows,
and especially Coconut Grove. It's not that transient as other areas are. Those people know
every one of those kids, but they're scared to death that if their name is exposed, that they're
going to be the results of retribution.
Reverend Vaughan: On Friday night next, Friday evening;, between five and eight, drug
transactions will take place at our front door. I know many of the criminals that drive by on
bicycles. I know them from Grove Outreach. And... But what can you do about... Knowing
them is not sufficient. They're entitled to he on the street, just as well as we are.
Commissioner Plummer: Go behind the minipark on Hibiscus. You know and I know.
Reverend Vaughan: I know the streets very, very well.
Commissioner Plummer: OK? Go to the corner of Mary and Oak. They're now transporting
drugs on bicycles.
Reverend Vaughan: We deliver...
I Commissioner Plummer: The kids that was killed the other night - OK? - that's where he was
picked up, I hear.
Reverend Vaughan: We deliver food to the elderly in their homes in the Grove, and if you ever
want to experience what's happening there, you should come with us some Saturday morning.
Commissioner Plummer: I've been there, remember.
Reverend Vaughan: Thank you.
Mayor Clark: Thank you, Father. Yes, ma'am.
Ms. Esther Mae Armbrister: My name is Esther Armbrister. I live at 3350 Charles Avenue. I
have been down here many a times asking you for protection. 1 live at 3350 Charles Avenue.
Directly in the rear of my house is Royal Road. So what I have been asking you is to let me put
up about five feet of barbed wire fence on top of my fence, so when they start running through
my yard after they have committed their crime, they will be stopped. But you won't allow me to
do it. Consequently, this is what... the problem ,you are having. They do their business out there
on Franklin and other streets, and run through my yard, and jump my fence, and I have to
74 July 14, 1994
constantly, have to pay somebody to put my fence up. But you, the City Commissioners and all
those other departments down here will not allow me to protect myself with a barbed wire fence.
I don't give a doggone it' they get hung tip there and bleed to death, if somebody comes along
and shoot them. I want to be protected. And I'm telling you right now, it' they jump my Fence
and try to came in my house, i'll shoot them dead and drag their bodies inside of my house. I
will be protected. If you don't protect me, I'm going to protect me. And, Father, I feel sorry for
you ail, but this is what has happened alld is happening. Why won't you let me put a harked
wire fence up there, or use some stakes on top of my fence'? I'm not kidding.
Commissioner Plummer: She makes a good point.
Ms. Armbrister: I'm not kidding.
Commissioner Plummer: Why don't we allow it?
Mayor Clark: All right. Let's hear from this gentleman. Thank you, Ms. Armbrister. Then
we'll get back and consider that fence.
Ms. Armbrister: All right. Thank you.
i
Mayor Clark: Thank you, ma'am.
Commissioner Plummer: That's a good question. That's a real good question. What
justification do we use not to do it?
Mayor Clark: All right.
Mr. Eric Knowles: Good afternoon.
Vice Mayor Dawkins: Pull the mike up to you, sir.
Mr. Knowles: Good afternoon, Commissioners and Mayor. My name is Eric Knowles. I reside
at 356 Northeast 150th Street. I work for Coconut Grove Family and Youth Intervention,
formerly with Coconut Grave Local Development Corporation. I am one of the persons that
calls and tells the police officers. Officer Braga knows that I call, and I may be putting myself
and my face out here to let people know that I have a problem with the drug dealers on Grand
Avenue. OK? Newsweek - what was it, last month? - stated that Grand Avenue is "the" place
for... It's letting the nation, it's letting the world know where, if you want to came to Miami and
you want to get drugs, come to Grand Avenue.
Commissioner Plummer: Yeah, it's an advertisement.
Mr. Knowles: OK. We have a problem. I talk to officers almost once, twice, three times a
week. I talk to the task force. They can't do anything because of the insurmountable problem
that is throughout this City. OK? So it is a war. So, "Are we going to let there win the war?," is
the question. So it's time to go beyond just the police officers and the task force. It may be time
to bring in the National Guard. And that may be funny, it may seem like an overstatement. But
we have a bigger problem than we are actually addressing. We had someone that was killed the
other day, a gentleman that worked for Range Funeral Home. It was not a drug problem, per se,
but believe me, it is an extension of the mentality that we allow things to go on as status quo.
We let the drug dealers sit in front of our offices and peddle their drugs. And, yes, we do call to
try to get them out of there. And, yes, they do know when we're coming. But we have to do
more than what we're doing.
75 July 14, 1994
4
Mayor Clark: All right. Thank you, sir. Yes, Mr. Dawkins.
Vice Mayor Dawkins: You knew, I'm happy to see all of you here, but this is nothing new. I've
told you, this Commission and all of the City of Miami, from 12th Avenue to 17th Avenue,
Northwest 61st, 60th and 59th Street is a drug Hea market. YOU can buy any kind of drug you
want in that drug flea market. You have been down here. i see one of the crime fighters,
ministers over there. "Third Avenue, loth Street, 15th Street, they sell drugs openly. You see
this man right here, he's tried to... He has complained. Don't nobody do nothing. OK? Now,
you come to, - and i have to say it - the black Grove. OK? 'I'hcy sell drugs in there like they got
a license. And then everybody tells me that they can sit on these milk crates. i knew they're
there to sell drugs, everybody else knows they're there. to sell drugs, but the ACLU (American
Civil Liberties Union) tells me that they have a right to sit on thee sidewalk and sell drugs. But
when you suggest to the Police Department that they take surveillance cameras, take pictures of
the people who buy the drugs, put it on a billboard, run a nightly special, then you begin to get
results. Those people selling the drugs is secondary, because, Chief, if you pick three people up
on 61st Street right now for selling drugs - OK? - your officers take the time out - not yours,
ours - to take them to jail and write them up. Just Off' the top of your head, estimate how long
will they be hack on the street.
Commissioner Plummer: Very quickly.
Vice Mayor Dawkins: All right'? Why? Because they're only useful to the supplier if they can
push his product. If they're in jail, he can't use them. So the minute the seller gets to jail, the
bondsman is there to get him hack out on the streets, so that he can continue to sell drugs,
because the people who buy the drugs know who they're buying from, and they're going to only
buy from that individual. And that's why he has to get hack on the streets. But we, with all our
sophisticated crime fighting and what have you, we can't seem to he able to stop that. So I agree
that we have to take the streets hack. I don't know how, see, but don't any of you out there
confront any of these druggies, because you'll lose your life, and we can't help you. But, Mr.
Mayor, I don't know whether it's a combined task force, and I hate to call on our friend, Janet
Reno, but if she has people in the Florida Alcohol and Tobacco Unit who could clean up, could
arrest, they can collie out here and help me clean up drugs.
Mayor Clark: Thank you. All right, Chief.
Chief Donald Warshaw: Mr. Mayor and Commissioners, good morning. Let me first say that
within the next... And in particular, reference to the Stirrup Grove Homeowners' Association, I
know that Major Exposito has met with this group, I think, on the 8th of July, and in the last six
months, there have been approximately seventy-five directed patrol operations, and another
forty-two impact team operations in that area. And already this year, there have been, year-to-
date, almost a hundred and fifty arrests, as opposed to only forty-one for the entire calendar year
of 1993. And Major Exposito is going to continue to meet with them. I know he made some
suggestions regarding some street lighting, and access to some of the gated areas, and he's going
to do all he can to try to improve that situation. I'd also like to say that within the next three
months, I'm going to announce, now that I'm your Police Chief, some very aggressive
community police partnerships that will involve citizens, and not put them at risk. And I'm very
sensitive to Commissioner Plummer's remark regarding, You can't put an unarmed citizen at
risk, and expect them to go out there and risk their lives!" But there are some ways that I'm
going to bring to the Commission, suggest to them where we are going to enhance the
relationship between citizens and the police to take hack the neighborhoods and be involved
more in their own neighborhoods, in tieing more of an eyes and ears.
Commissioner Gort: Mr. Mayor.
76 July 14, 1994
Vice Mayor Dawkins: Now, one thing, Chief.
Chief Warshaw: Yes, sir.
Vice Mayor Dawkins: I'd like to, through the Manager to you, as you go to Stirrup
neighborhood, OK, and ,ipply the pressure, have somebody to report to this Commission, if the
drug activity increased in Overtown, in Liberty City, and in the black Grove. Because it's a
known fact, when you attempt to close the area, one area down, they move to the other area.
Chief Warshaw: That's correct. I know that.
Commissioner Plummer: Squeezing the balloon.
Vice Mayor Dawkins: And when you go hack to the other area, Chief, they move to another
area. So somewhere here in our new attack, we've got to find a way that as you secure an area,
we have to have somebody there to maintain it, maintain what we have, while you move to clean
up another one.
Chief Warshaw: I understand.
Vice Mayor Dawkins: Because if you take the people out of that, they'll all just come back
there, Chief.
Chief Warshaw: Right. I agree a hundred percent.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, Willy.
Commissioner Gort: When you look at the plan, also, I think that Dawkins, Commissioner
Dawkins had a great idea, and we did something with the prostitution problem, where we had the
individual's name put up on a billboard.
Chief Warshaw: Right.
Commissioner Gort: I think if we didn't have users, we would not have this problem, and
somehow, legally, if we can expose some of the people that are being involved in it, the users, I
would also like to do so. Maybe that could help also.
Mayor Clark: Absolutely.
Commissioner Plummer: Mr. Mayor, if I may. Mr. Manager, again, I'll ask the question asked
by Ms. Armbrister. What justification do we say no to people, if they want to do everything
within their own means to protect themselves, why do we say no to barbed wire? I don't
understand that. I think people have the right... No, don't tell me about a code.
Mr. Cesar Odio (City Manager): It's your Zoning Code.
Commissioner Plummer: No, no. Well, maybe the Code needs changing.
Mr. Odio: Change the Code. Change it.
Commissioner Plummer: That's what I'm asking. Is there a justification to say...
77 July 14, 1994
Mayor Clark: Wait a minute, wait a minute. Alba (phonetic) had it over... for eighteen months.
Nobody said a word. Razor wire. You finally took it off.
Commissioner Plummer: Well, I'm asking, Mr. Manager, is there any rationale or justification
of why... of neighbors, residents, cannot do that?
Mr. Odio: Yes, the law says so.
Commissioner Plummer: OK. Then 1 move, at this time, that the Administration he instructed
to immediately proceed in changing the law to allow people to... in use of their protection of
their property, to take whatever necessary steps, including, if that is the case, barbed wire or
razor wire, or whatever the wording of it is.
(APPLAUSE)
Commissioner Plummer: So take it from there. You know, I asked if there's a justification,
not... If there's a justification why they shouldn't do it... Since I've heard no justification to the
contrary, I would move that in the form of a motion, Mr. Mayor.
Vice Mayor Dawkins: What is the motion, Mr. Plummer?
Commissioner Plummer: The motion is that the City Administration, the Legal Department, and
the Zoning Board be instructed to immediately proceed to change the law, to allow people to
protect their homes, including barbed wire or whatever... Is it razor wire today? Is that what it's
called? Razor wire.
Vice Mayor Dawkins: I'll second the motion if you eliminate the razor wire.
Commissioner Plummer: Well, you know, I think that's the coming thing. I don't know why...
Vice Mayor Dawkins: OK. Well, hey, well, OK, then, hey, I can't second it.
Commissioner Plummer: Hey, fine, make it barbed wire. We're that much ahead of the game.
Vice Mayor Dawkins: OK, then, fine. That's good.
Mayor Clark: All right.
Ms. Armbrister: Razor wire, razor wire.
Commissioner Plummer: Well, you're not going to get the votes. I would prefer the razor... I
would like to allow you to do whatever you want to protect yourself. OK? Now, if you can't get
the vote, you got to...
Vice Mayor Dawkins: I have, Ms. Armbrister...
I Ms. Armbrister: Yes.
Vice Mayor Dawkins: ... an eight -foot fence - OK? - with razor wire, with cats and all climbing.
The cats, they have no way of knowing you have razor wire. The cats are going to destroy
themselves, in my opinion.
i
iCommissioner Plummer: It's that way now.
78 July 14, 1994
Vice Mayor Dawkins: In my opinion, with the barbed wire, the cats are going to hit it and
bounce off. It's not going to do that much damage. But that's just my... But that's just my
opinion.
Commissioner Plummer: Mr. Dawkins, my father used to tell me that eight -foot walls and
padlocks were for honest people, to keep them honest.
Mayor Clark: We got a motion on the floor. Call the roll.
Commissioner Gort: Under discussion, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: This... We'll have a public hearing on this? Because when I first came in
here, I got a lot of complaints from the Roads about one individual, which I personally talked to
him and finally convinced him to take the barbed wires off his fence.
Commissioner Plummer: Without question, it has to be - as the maker of the motion - a public
hearing. OK?
Commissioner Gort: OK.
Commissioner Plummer: And Mr. Manager, you want to come up with an idea that it has to be a
conditional use, for people to justify they've got a major problem, I don't care. But it just
doesn't seem logical that we are telling the people of this community that you can't do
everything humanly possible to protect yourself. And I ask again, is there a justification to say
no, that they shouldn't do it? And I've heard nothing.
Commissioner Gort: OK.
Mayor Clark: Put it to a public hearing. OK. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-499
A MOTION THE LAW DEPARTMENT, THE ADMINISTRATION AND THE
ZONING BOARD TO IMMEDIATELY PROCEED TO CHANGE EXISTING LAW
REGULATING DESIGNATED TYPES AND PERMITTED HEIGHTS OF FENCES
IN ORDER TO ALLOW CITY RESIDENTS TO TAKE WHATEVER STEPS ARE
NECESSARY TO PROTECT HOMES AGAINST CRIME (INCLUDING THE USE
OF BARBED WIRE); FURTHER DIRECTING THE ADMINISTRATION TO SET A
PUBLIC HEARING IN ORDER TO SEEK PUBLIC INPUT IN CONNECTION WITH
SAID ISSUE.
79 July 14, 1994
F
Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wit -redo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
COMMENTS MADE DURING ROLL CALL.:
Vice Mayor Dawkins: Before... I'm going to vote yes, but if they want to be heard on this item,
we will hear them after the roll call. All right. Thank you.
Mayor Clark: Reverend Weiss -I mean...
Reverend H.C. Wilks: Wilks.
Mayor Clark: I'm sorry, Wilks.
Reverend Wilks: H.C. Wilks. I reside at 416 Northwest 5th Avenue. First of all, I'd like to
congratulate our new Chief.
Chief Warshaw: Thank you very much.
Reverend Wilks: Fin the executive director of the African -American Council of Christian
Clergy, who have worked very diligently over the last three years to establish a relationship with
the police officers, so as we might he able to protect our communities, in conjunction with the
police. We have three organizations that's working very closely together, which is the Greater
Miami Urban League, the PULSE (People United to Lead the Struggle for Equality)
Organization, and the AACCC (African -American Council of Christian Clergy). We have
joined forces to try to do something in our community. And it's dependent, largely, upon our
relationship with the Police Department. I have not had an opportunity to sit down with our new
Chief yet, but I understand I do have an appointment for Monday morning, that we might
continue to build upon this relationship, because it has kept down a great deal of things that have
happened in our community. The Police Department used their Push Out the Pushers Program
on 15th Avenue, where one of our offices is located, and I... It was so quiet there in the past few
weeks, I sat outside and went to sleep. So it has made a significant difference with the
relationship between these organizations and the Police Department. But I have another
concern, Mr. Mayor, and one of those concerns is that I pray that in the makeup of the official
body of the Police Department that one of our Assistant Chiefs remains a black person. I have a
very dear concern about that, because I wanted to make sure that our relationships were intact,
that our community continues to work harmoniously together with the City, the County, and
continue to try, with all our efforts combined, the citizens in this community, the concerned
citizens, make our community safe. Thank you so very much.
Mayor Clark: Thank you, Reverend Wilks. This is... Thank you very much.
Reverend Wilks: Thank you.
80 July 14, 1994
Mayor Clark: I'm sure the Chief will respond to you in proper time. That's his position. Yes,
sir.
Mr. Ray Fauntroy: Good morning.
Mayor Clark: Is this on the item we have here before us?
Mr. Fauntroy: This is on... I just want to speak on the drug issue.
Mayor Clark: Yes, sir.
Mr. Fauntroy: As a matter of caution, to say to you that the drug issue is deeper than the guys on
the corner selling the drug. And when we continue. to deal with them, we're dealing with the
effect, and not the cause of the issue and the problem. These guys don't make the money off of
the drugs, they don't grow the drug, they don't manufacture the drug. So if you're going to deal
with it, if you really want to stop drugs, let's stop those who are manufacturing it, and those who
are making the money off of it, and bring it...
Mayor Clark: No, that's not the case. You got to stop the. people using it. That's where the
problem is. It's not the. manufacturer. If you didn't have the use, you wouldn't have the supply.
That simple.
Mr. Fauntroy: Well, I'd beg to disagree with you on that issue. I think if we stop those who are
making the money off of the drugs, there will be no drugs sold to the people.
Mayor Clark: Well, I don't have any contacts in Colombia.
Mr. Fauntroy: And again, the pain in the people. And I just wanted to just make that point to
you, that they're going to always be out there selling as long as someone's paying them. So we
need to just... just remember that.
Mayor Clark: All right. Thank you.
Vice Mayor Dawkins: Mr. Mayor. Mr. Mayor, I did not know that Reverend Wilks was going
to speak, but it is an issue that lie spoke to that I am very concerned about, and my concern is,
prior to the promotion of Chief Warshaw, we had two blacks on that level. We had a Police
Chief and an Assistant black Police Chief. We had role models for black males to look up to.
Now, I am told that because a black has been promoted to Deputy Police Chief, you no longer
need but one black up there, and we're not going to have but one black. Now, I, for the life of
ave... treat me as you always treat me. And that is, I had
me, cannot understand why you would h
two blacks to start with. You promote a black, and you cut me down from two blacks to one
j black. And when I say "me," I mean the black community. And Mr. Manager, and fellow
Commissioners, the black community is unhappy. The black community cannot tell the
Manager how to run the Police Department, but we can certainly register our disgust. There's
nothing for black police officers to look forward to, if you tell me that if I've got two, and you
1 take one, I can't have him replaced.
Mayor Clark: All right.
Vice Mayor Dawkins: Secondly, I must say to the Manager, the chances of Cheatham becoming
Chief is about seventy to thirty that he won't become Chief, and it's obvious. After the City of
Miami takes its time to train Cheatham and all of the policework to be a Police Chief, black
Chiefs are in demand, and he will have to go where the money is. And I will have nobody, we
will have no blacks in waiting. So therefore, you have to go hack, and reinvent the wheel, and
81 July 14, 1994
start back down, and regroup, and bring up another black, somebody qualified. And that's all,
that's what I have to say.
Mayor Clark: Thank you. Thank you. Now, that's not a discussion item here today. That was a
statement made. You want to just say a ward or two to that?
Mr. Fauntroy: Well, yeah. I didn't know that was going to be cm the agenda to be spoken to.
Mayor Clark: It wasn't, it wasn't on.
Mr. Fauntroy: But I do want to support that position, and I want to remind this Commission that
we vote, and, you know, we are very unhappy with what we're hearing.
Mayor Clark: Thank you, sir. 'Thank you very much for your statement.
Mr. Fauntroy: We want to congratulate the new Chief, but we also want to make it clear that
we're very unhappy with what we're hearing, and we're not going to sit hack and do absolutely
nothing. We want you to know that.
Mayor Clark: Yes, sir. Thank you for your statements. Thank you very much. We finished
with that item right now. Yes, ma'am.
Ms. Roedel: Commissioner, I just wanted to bring the discussion hack to Stirrup Grove and
i Franklin Avenue, to see if we could get any resolution today.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: Yes, sir.
Commissioner Plummer: No, no. What she's asking, we didn't address. I would ask that we
turn it over to the Administration for the possibility of trying to find a low interest loan for them
to improve the gating and the lighting, in the amount of ten thousand dollars at a low interest.
And I would ask the Manager to try to accommodate, as we have done for many other people in
this particular instance. I so move.
Ms. Roedel: And also, it may involve moving that boundary line to the other side of the street or
something.
Commissioner Plummer: Well, I have no objections to that, if it's humanly possible and can be
done,and is to the advantage, I would include that in my motion, yes.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: All in favor of the motion, signify by saying "aye." Opposed, like sign. So
ordered.
Commissioner Plummer: I would hope, Mr. Mayor, that the Police Chief would recognize,
especially on weekends, we can't wait three months for your program.
Mayor Clark: No, sir.
Commissioner Plummer: People are getting hurt on Franklin Avenue. People are constantly
getting cars broken into. We can't wait ninety days. It needs immediate action.
82 July 14, 1994
w' ) 100,11)
Mayor Clark: I think he understands that.
i
Chief Warshaw: I do.
I
Commissioner Plummer: And I would hope that he would address it immediately.
i Chief Warshaw: Yes, sir.
Mayor Clark: Thank you. Thank you, Chief.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-500
A MOTION REFERRING 'TO THE ADMINISTRATION REQUEST BY THE
STIRRUP GROVE HOMEOWNERS' ASSOCIATION FOR CITY FUNDING IN THE
AMOUNT OF $100,000, IN TI-IE FORM OF A LOW INTEREST LOAN, FOR
GATING AND LIGHTING IN TI-IEIR AREA (FRANKLIN AVENUE FROM MAIN
HIGHWAY TO HIBISCUS STREET FOR CRIME PREVENTION REASONS)-,
FURTHER INSTRUCTING THE ADMINISTRATION TO CONSIDER 'THE
POSSIBILITY OF CHANGING PRESENT BOUNDARY LINES TO THE OTHER
SIDE OF THE STREET IN ORDER THAT THEY MAY FALL WITHIN THE
TARGET AREA BOUNDARY.
i
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
i
ABSENT: Commissioner Victor De Yurre
-- -------------------------------------------------------------------------------------------------------------
17. ACCEPT DONATION OF PICNIC SHELTER (ESTIMATED VALUE $15,000)
AND DECORATIVE GATEWAY (ESTIMATED VALUE $5,000) FROM
SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA / LINCOLN
MARTI CAMPOREE -- TO BE CONSTRUCTED IN ROBERT KING HIGH
PARK / CARLOS ARBOLEYA CAMPGROUND.
-----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item we're taking is number 22. Carlos has got another appointment that we
got to...
Vice Mayor Dawkins: I move that we hear this in December.
Commissioner Plummer: Of what year?
83 July 14, 1994
Vice Mayor Dawkins: Of'98.
Commissioner Plummer: I second the motion.
Mayor Clark: All right. I would like to... Go ahead, Carlos, introduce yourself.
Mr. Carlos Arboleya: Carlos Arboleya, 1941 Southwest 23rd Street.
Commissioner Plummer: I move we accept the donation.
Vice Mayor Dawkins: Second.
Mayor Clark: Two projects to he constructed at Carlos J. Arboleya Camping Ground, donated
with no cost to the City. God bless you. That's great. Thank you, Carlos. It's been seconded.
Cast a unanimous ballot, Madam Clerk. Thank you again, Carlos.
Mr. Arboleya: Thank you. Bye-bye.
Commissioner Plummer: Where are we?
Mayor Clark: Don't be...
Commissioner Gort: Nineteen.
Mayor Clark: Don't he absent, now.
Mr. Arboleya: Oh, I'm not going to be absent. I'm around.
Mayor Clark: Be conspicuous by your presence.
Mr. Arboleya: Thank you, sir.
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Mayor, Mr. Arboleya is like you and I. He still lives in our old
neighborhood.
Mr. Arboleya: That's right, sir. Thank you.
Mayor Clark: That's right.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-501
A RESOLUTION ACCEPTING THE DONATION OF A PICNIC SHELTER, HAVING
AN ESTIMATED VALUE OF $15,000, AND A DECORATIVE GATEWAY,
HAVING AN ESTIMATI:,D VALUE OF $5,000, FROM THE SOUTH FLORIDA
COUNCIL. BOY SCOUTS OF AMERICAILINCOLN MARTI CAMPOREE; SAID
ITEMS TO BE INSTALLF.D IN ROBL?RT KING HIGH PARKICARLOS ARBOLEYA
CAMPGROUND, SUBJI?CI' TO TIIF ISSUANCE OF ALL, REQUIRED PERMITS
FOR SAID INSTALLATION-, AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUNIFN'T'S, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR "PHIS PURPOSE.
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
---------------------------------------------------------------------------------------------------------------
18. PERSONAL APPEARANCE: MR. CARLOS BATISTA, PRESIDENT OF
LIGHT UP MIAMI -- GRANT REQUEST FOR ENDORSEMENT OF ITS
"LIGHT UP MIAMI" EFFORT TO PRODUCE ILLUMINATION AND
LIGHTING COORDINATION FOR EVENTS RELATED TO THE SUMMIT
OF THE AMERICAS.
Mayor Clark: Now we have...
Commissioner Plummer: Nineteen? Nineteen?
Commissioner Gort: Nineteen.
Mayor Clark: Twenty... I didn't sponsor this, did I?
Commissioner Gort: It's 19 now, sir.
Mayor Clark: Nineteen. Effort to... We endorse the effort, right?
Commissioner Gort: I think they've done a wonderful job, and you see a lot of lights taking
place in the City of Miami. I move for approval.
85 July 14, 1994
Mayor Clark: All right.
Commissioner Plummer: It costs its nothing?
Commissioner Gort: It costs its nothing.
Commissioner Plummer: I second.
Mayor Clark: You get a lot of... Cast a unanimous ballot. Thank you, sir.
Mr. Carlos Batista: Could I mention a couple of words?
Mayor Clark: Sure, sure, you betcha.
Mr. Batista: Because I would like to keep you informed also, as we move forward in the
program. The first one is that Warner Brothers is filming a major... a motion picture right now
called "Just Cause," which they selected Miami as the place to do the film, because of the
skyline. The illuminated skyline is really getting well known by movie directors.
Commissioner Gort: Carlos, give its your name and address.
Mr. Batista: My address... My working address is Sun Bank International, in 1 Southeast 3rd
Avenue. Carlos Batista, president. of Light up Miami. The reason I mentioned this is for two.
One of them is that the illumination is really attracting not only visitors, but major industry. For
the Summit of the Americas, we think that the City will he the most visually represented to the
American Continent through the illumination of buildings and the colors of flags.
Mayor Clark: You'll have a large audience, I'll tell you that.
Mr. Batista: Yes.
Commissioner Plummer: Let me just make sure. This is not a profit -making thing.
Mr. Batista: No, no.
Commissioner Plummer: OK.
Mr. Batista: Not a profit at all.
Mayor Clark: All right. Thank you, sir. Thank you very much.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-502
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING REQUEST
RECEIVED FROM REPRESEN'I'A'I'IVES OF LIGHT UP MIAMI, INC. TO
RECOGNIZE AND ENDORSE THFIR Eh'FORTS TO PRODUCE THE
ILLUMINATION AND LIGHTING COORDINATION RELATED TO THE "SUMMIT
OF THE AMERICAS" AND OTHER RELATED EVENTS TO BE HELD DECEMBER
9-11 , 1994IN DOWNTOWN MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being; seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
19. GRANT REQUEST BY REPRESENTATIVES FROM SEVERAL
COMMERCIAL CRUISE BOAT OWNERS FROM BAYSIDE TO
INTRODUCE AND SPONSOR A PROGRAM OF FREE BOAT TRIP TOURS
FOR A YEAR-ROUND YOUTH AND SENIOR CITIZENS PROGRAM.
Mayor Clark: Representatives from the commercial boat owners from Bayside, to introduce a
sponsor program. Are they present? Give us your name and address for the record, please, sir.
Commissioner Plummer: Here, Al.
Mr. Ralph Smith: My name is Ralph Smith. I'm here this morning representing Bayside
Cruises.
Mayor Clark: How many does that include?
Mr. Smith: Well, I'm also representing Island Queen Sight-seeing, Heritage of Miami, and the
Island Princess. We have a total of six boats in Miami that we have been working with Mr.
Ruder here to propose a program to offer free trips to some underprivileged and elderly, children
that may not be able to indulge in those activities.
Mayor Clark: Al, how are you going to advertise this?
87 July 14, 1994
Mr. Alberto Ruder: We're going to work with existing youth groups that we have and with the
elderly organizations that have relationships with the City, and we're also going to advertise it,
hopefully, in the newspaper, and however way we can to promote it.
Mayor Clark: Like the. Boy Scouts who were here this morning, all these young fellows.
Mr. Ruder: Right.
Mayor Clark: They never get a chance to go on a boat ride. That's... is this any expenditure to
the City? It's all free'?
Mr. Smith: It's all free.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot. Thank you, sir. Thank you very much for your great
interest. We need more people like you in this community.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-503
A RESOLUTION ACCEPTING THE DONATION OF BOAT TOURS FROM
DESIGNATED COMMERCIAL CRUISE BOAT OWNERS DOCKED AT THE CITY -
OWNED BAYSIDE MARINA, SAID TOURS TO BE PROVIDED ON A YEAR-
ROUND BASIS TO YOUTHS AND SENIOR CITIZENS PARTICIPATING IN THE
CITY PROGRAMS AND TO BE COORDINATED BY THE PARKS AND
RECREATION DEPARTMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID DONATION.
(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
NAYS:
ABSENT:
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
None.
Commissioner Victor De Yurre
88 July 14, 1994
----------------------------------------------------------------------------------------------------------------
20. GRANT REQUEST BY METROPOLITAN DADE COUNTY DEPARTMENT
OF HUMAN RESOURCES, OFFICE OF COMMUNITY SERVICES, TO
UTILIZE $197,000 IN EXISTING CITY OF MIAMI IIOPWA BRICK AND
MORTAR CONTINGENCY DOLLARS FOR PROVISION OF EMERGENCY
SHORT-TERM RENT / MORTGAGE PAYMENTS TO ASSIST HIV / AIDS
CLIENTS.
Vice Mayor Dawkins: OK, what else'?
Mayor Clark: Metropolitan Dade. County Human Resources seeking approval of a hundred and
ninety-seven thousand dollars of existing; funds...
Mr. Cesar Odio (City Manager): We recommend this, Mr. Mayor.
Commissioner Plummer: I don't understand why we're doing this for Metropolitan Dade
County. They have their own money. Why would we he doing some...
Mr. Odio: These monies came to the City of Miami from the Federal Government, so that we
would funnel it through, throughout Dade County.
Commissioner Plummer: Mr. Manager, I understand that, but they also have a like pot of money
from the Federal Government. Why...
Mr. Odio: Not HOPWA (Housing Opportunities for Persons with AIDS) monies. This is a
different pot of monies that were entrusted to us, that we would allocate them throughout the
community.
Commissioner Plummer: OK. And where would...
Mayor Clark: What is HOPWA?
Mayor Clark: It's the...
Ms. Edith Humes: It's Housing Opportunities for Persons with AIDS (Acquired Immune
Deficiency Syndrome).
Commissioner Plummer: Right.
Ms. Humes: Last year, the County...
Mayor Clark: Oh, with AIDS.
Commissioner Plummer: OK.
Ms. Humes: ... received the Federal funds for HOPWA. This year...
Commissioner Plummer: Where is this money going to be used?
Ms. Humes: This money is going to be used throughout Dade County, through the neighborhood
service centers.
89 July 14, 1994
_%� 00-1%
Commissioner Plummer: Dade County or the City of Miami?
Ms. Humes: The office for the HOPWA program is located in the City of Miami, Edison/West
Little River area.
Mayor Clark: And that's the reason you have the hundred and ninety-seven? Is that going for
that office or what? What's the budget item?
Ms. Humes: Well, the budget for the program is to assist individuals who are HIV and AIDS.
Commissioner Plummer: The amount of dollars, how many dollars?
Ms. Humes: How many dollars are we requesting...
Commissioner Plummer: Yeah.
Ms. Humes: ...at this time...
Commissioner Plummer: No, no, no. The budget for the office.
Ms. Humes: The budget for the Office of Community Services is like sixteen million dollars,
but that's different programs. This is a particular program.
Commissioner Plummer: Why... All right. Let me come to... Because we're missing
something here. Why would I give you money to provide for people outside of the City of
Miami? I mean, it would seem like to me that if this is the City's...
Mr. Odio: Sorry. This is what... The monies were given to us by the Federal Government with
guidelines that we have to distribute it throughout the whole community.
Commissioner Plummer: The County.
Mr. Odio: The Federal Government gave us the money with the conditions that we would issue
it throughout the whole community, not only the City of Miami. And we have already been
neglecting; some areas in...
Mayor Clark: Where will this money specifically... Is it going to he billed for Administration or
building; or what?
Ms. Humes: No. It is going directly to services, and the monies that we're requesting will go for
rental or mortgage assistance, or persons who are facing an emergency, possible eviction, who
are HIV and AIDS...
Mayor Clark: A hundred and ninety-seven thousand wouldn't go around the block.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, Willy.
Commissioner Gort: Mr. Mayor, I have a question. We have people with those needs within the
City of Miami?
Commissioner Plummer: Of course.
90 July 14, 1994
Commissioner Gort: Do you assist people within the City of Miami with those things?
Ms. Humes: Yes, yes.
Commissioner Gort: OK. Mr. Mayer, also, for my sake, since I'm the new guy in here, I'd like
to hear from... When something comes in front of us, I would like to hear from staff. I'd like to
hear their full presentation, then ask questions afterwards, because I don't get the benefit...
Some of you all have been here, for a long; time and are very aware of a lot of these programs.
I'm not, and I'd like to hear from both parties, and then answer questions.
Mayor Clark: I don't disagree with you Mall.
Commissioner Plummer: That's why you have a five-day period prior to the meeting to ask staff
to come make you a presentation, that's what you need to do.
Mayor Clark: How are we going to work on this thing here?
Mr. Odio: Again, we'll recommend it.
Mayor Clark: You recommend it?
Mr. Odio: This is the issue on 21, yes, sir.
Commissioner Plummer: Let me tell you the way I feel, and my vote. OK? I'll vote favorably
for this, that the priority be given to City residents. Now, I think that's only fair. And I'll move
it as such, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Gort: I second.
Ms. Humes: But I don't think you can do that under your contract with the Federal Government,
with Federal regulations. I don't know whether or not you can put that restriction in place.
Commissioner Gort: Mr. Mayor, let me ask a question. You... Presently, how many clients do
you have?
Ms. Humes: Presently, we have a caseload of two hundred and fifty-three clients to receive the
rental and mortgage assistance.
Commissioner Gort: Right. Of those two hundred and fifty-three, what percentage live within
the City of Miami?
Ms. Humes: I don't know that. I can get that, but presently, I don't know that.
Commissioner Gort: But there are some that live within the City of Miami.
Ms. Humes: Yes. Probably the majority of the people, because of where the office is located.
Commissioner Gort: Right. OK.
Vice Mayor Dawkins: And the majority who do not come here go where?
91 July 14, 1994
Ms. Humes: They're probably living on the street, or homeless.
Vice Mayor Dawkins: See, you have to he exact. Either they're all... Either the majority of
them are in the City of Miami, or either they aren't. Don't say "probably they are," just to he
saying it.
Ms. Humes: I'm saying that because of the fact the office location where they receive the
assistance is located within the City of Miami. The chances and the possibility of someone
travelling from Florida City, Naranja area to come to the City of Miami is not that great, because
of the...
Vice Mayor Dawkins: Well, where do they get service?
Ms. Humes: They get services basically through other social service agencies.
Vice Mayor Dawkins: Like what, like where, like where?
j mmunity Service, through our general assistance...
Ms. Humes: Like through the Office of Co
Vice Mayor Dawkins: In what City?
i
j Ms. Humes: In what City?
i Vice Mayor Dawkins: Yeah.
Ms. Humes: Throughout Dade County.
Vice Mayor Dawkins: Hialeah, Miami Beach, Miami...
Ms. Humes: Throughout... Hialeah, Miami Beach, Opa Locka, Florida City, Naranja.
Vice Mayor Dawkins: Yeah, now you got me. OK. Yeah. That was all I needed to hear you
say.
Commissioner Plummer: Let me ask this question, Mr. Manager. Can we establish our own
office and use that money for the City?
Mr. Odio: No, sir. Let me repeat one more time.
Commissioner Plummer: Well, why did we ever accept the grant?
Vice Mayor Dawkins: Wait a minute. We've been in court, and I mean, we've been in the
newspaper, we've been everywhere about this money. Let's approve this money and get rid of
it, J.L.
Mr. Odio: Yes, sir, please. Look, we have an application... Let...
Commissioner Plummer: I don't know why we even accepted it.
Mr. Odio: Because if we don't accept it...
Vice Mayor Dawkins: Move it.
Commissioner Gort: Second.
92 July 14, 1994
Mr. Odio: ... Dade County doesn't get the money.
Mayor Clark: OK. Moved and seconded.
Ms. Humes: I am being told that the majority of the client population...
Vice Mayer Dawkins: Well, now, see, you're going to lose. You need to know when to quit,
when you're winning. OK? Now, if you want to explain it, go ahead and explain it, and I'll
withdraw my motion.
Mayor Clark: Call the roll.
Ms. Humes: No.
Ms. Edith Humes: OK. May I speak before you finish your motion, please, may I?
Mayor Clark: Yes, ma'am, quick.
Ms. Humes: OK. I would like to speak because I think the monies that you are referring to,
which I founded in the White House, it would either have to he revenue sharing, 'Title 20 monies,
Federal money, and you are calling it here Community Block Grant money, which has been
amended. OK? Now, what we are circumventing is laws, as I've been telling you for
generations, I mean, so many years. You have tried to circumvent this program from under the
regional office. This is circumventing comprehensive health, comprehensive education, and we
take care of our own welfare. This takes care of the AIDS, it takes care of all of this
comprehensive health, which is not being carried out under the umbrella of this regional office.
Mayor Clark: Thank you, thank you.
Ms. Humes: What we're again doing is trying to put these things in place without putting a
regional office in place, but yet, we are reaching; out, putting the money without the strict
strenuous guidelines, which is circumventing the laws, and human services is...
Mayor Clark: Thank you. We're going to try to circumvent this now and call the roll.
Ms. Humes: All right.
93 July 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-504
A RESOLUTION AUTI-IORIIING TI-IE. CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE' MEMORANDUM OF AGREEMENT, IN A FORM
ACCEPTABLE TO TILE CITY ATTORNEY, WITH THE DADE COUNTY
DEPARTMENT OF 1-IUMAN RESOURCES, OFFICE OF COMMUNITY SERVICES,
FOR THE USE, OF $195,833 OF FISCAL YEAR 1993 I-IOUSING OPPORTUNITIES
FOR PERSONS WITII AIDS (HOPWA) PROGRAM FUNDING, SAID FUNDING TO
PROVIDE EMERGENCY S11F.L 'ER AND SI-IORT TERM HOUSING FOR
ELIGIBLE PERSONS WITII HIV/AIDS, OR RELATED DISEASES.
(Here follows body of resolution, emitted 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
----------------------------------------------------------------------------------------------------------------
21. GRANT REQUEST BY REPRESENTATIVES OF OPERATION SAVE EYES
FOR STREET CLOSURES CONCERNING ITS WALK-A-THON AND
FESTIVAL EVENT (SEPTEMBER 5, 1994).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: They have...
Commissioner Plummer: Twenty-three.
Mayor Clark: We have 23, Save Lives.
Commissioner Plummer: Save "Eyes."
Vice Mayor Dawkins: Eyes. Where is the gentleman... Oh, here he is over here, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Camile Merilus: Good morning, Mr. Mayor.
Commissioner Plummer: What's the recommendation of the Administration?
94 July 14, 1994
Mr. Cesar Odio (City Manager): On Save Eyes, we already gave them four thousand dollars,
and we are recommending denial of this request.
Mayor Clark: Denial?
Mr. Odio: Yes, sir.
Mr. Odio: Twenty-three?
Commissioner Plummer: Yeah.
Mayor Clark: Yeah.
Mr. Odio: We recommend denial. We have already given him four thousand, five hundred
dollars, and this is in addition to, we...
Mayor Clark: Is this poor gentleman, is he with us or...
Mr. Odio: Now, the only part that we want to recommend is the street closure for the event, and
that's all.
Mayor Clark: Is that gentleman over there at the end row, is he with us, or he's in some other
country?
Mr. Merilus: They are with me,. So, you know, Mr. Manager, first of all, my name is Camile
Merilus, the founder and the executive director of Operation Save Eyes, Incorporated. We are
here today to brief you about a project that we have put together, which is different than what the
Manager is talking about.
Mr. Odio: Well, excuse me, so I can put it on the record. I have a request from you for five
thousand, eight hundred and forty-three dollars and ninety-six cents, and you also want to have
an event where you close the street. I am recommending the street closure, but I'm
recommending; that we do not give you five thousand, eight hundred and forty-three dollars and
ninety-six cents.
Mayor Clark: I got a motion to close the street.
Commissioner Plummer: So move.
Mayor Clark: Move to close the street. There's a second. If there's no objection, cast a
unanimous ballot. But no money. The street will be closed, but no money.
95 July 14, 1994
N
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-505
A MOTION GRANTING REQUEST BY REPRESENTATIVE OF OPERATION
SAVE EYES, INC. FOR STREET CLOSURES IN CONNECTION WITH ITS WALK-
A-THON AND FESTIVAL EVENTS SCHE.DUL.I3D FOR SEPTEMBER 5, 1994.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
22. ALLOCATE $30,000 TO CHOPIN FOUNDATION OF THE UNITED STATES,
INC. -- FOR PERFORMANCES AT GIJSMAN CENTER (MARCH 3-12,
1995) -- CITY TO BE REIMBURSED IF PROCEEDS FROM EVENT SHOW
PROFIT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item is 23-A, on the Chopin Plaza.
Commissioner Plummer: Mr. Manager, your recommendation?
Mayor Clark: He's not going to recommend it, but I'm going to move it.
Mr. Cesar Odio (City Manager): I'm recommending against it. We don't have any monies. I
would suggest that Gusman Hall is independent from the City. That in order to waive their...
Mayor Clark: Can you handle this? Can you handle this, Clark? Come up here. Sir, you're
finished. The street has been closed, but no money has been appropriated.
Commissioner Plummer: No, no, no. Four thousand has already been appropriated.
Mr. Merilus: The four thousand, that's for interpreters' program, Mr. Mayor.
Mayor Clark: Sorry, sir, that's the law now. Next case. Mr. Clark Cook, on the Chopin Plaza,
that's what they want to do, pay the rent, right? Is that right, sir?
Mr. Clark Cook: Actually, I think it's more than that. The actual rent is not thirty thousand
dollars, obviously. The rent is somewhere more around twenty-five hundred per day. I can't... I
cannot waive the rent at Gusman. 'That is money that y'all pay, y'all... The Commission can do
that. The Miami Parking System should not do that. When this gentleman came to me and
talked to me about this issue, I thought he had an excellent project. It's a once -every -five-year
project. I recommended lie appear in front of the Commission on that area. There's not
96 July 14, 1994
i
anything that I can do, if the Commission tells me to waive the tee. We've always stayed away
from waiving the fee, because if you waive for one, you pretty well got to waive it for all.
Mayor Clark: Well, can we do it this time? Is that what you need...
Commissioner Plummer: No, you can't.
Mayor Clark: ... to waive the fee for the Gusman Center?
Commissioner Plummer: You cannot do it.
Mr. Odio: But let's put it on the record... Well, go ahead.
Mr. Nestor Rodriguez: Sir, if I can say that we were advised and meeting with all of you, most
of you, that we could request a grant from the City to then pay for these expenses, in addition to
pay for marketing expenses where the City will figure prominently.
Commissioner Plummer: But I don't have a budget, sir.
Mr. Rodriguez: We have a budget for you, yes, sir.
Commissioner Plummer: No, sir. I don't have a budget, and you're asking me to vote.
Mr. Rodriguez: Let me give you another one.
Mr. Odio: Nineteen thousand, nine hundred and forty-eight dollars.
Commissioner Plummer: They're asking for thirty.
Mr. Odio: Oh, they are? Well. That's even worse.
Mr. Rodriguez: We're asking for thirty thousand dollars for this national event.
Commissioner Plummer: But you're talking about personnel of sixty thousand.
Mr. Rodriguez: The monies that we're asking for is specific, for the use of... If you continue on
the expenses side on the next page, sir, you can see that space rental, Gusman, is twenty
thousand, and market...
Commissioner Plummer: That's not my point. In this budget, who is the personnel that are
making the twenty thousand dollars a year?
Mr. Rodriguez: We already have a lineup of sponsors that I can list for you that...
Commissioner Plummer: Sir, I'm asking the question. Who...
Mr. Rodriguez: Two people, sir.
Commissioner Plummer: Two people are receiving it?
Mr. Rodriguez: An executive director, myself, and a secretary. That covers both of us, our
salaries.
Commissioner Plummer: So this is a profit -making endeavor.
97 July 14, 1994
1
Mr. Rodriguez: No. It's a nonprofit organization.
Commissioner Plummer: By design or accident?
Mr. Rodriguez: By the virtue of its existence for twenty years.
Mayor Clark: Is this once every five years"?
Mr. Rodriguez: It's every five years. We have never asked the City for anything, and we've
used Gusman Center before, we've paid for it. We feel that at this time...
Mayor Clark: What is the request for, how much? Let's do it and get finished with it.
Commissioner Plummer: Well, I'll tell you what, Mr. Mayor. I'll make a motion...
Mayor Clark: Beautiful.
Commissioner Plummer: ... that we sponsor this to an extent not to exceed thirty thousand
dollars. If they show any profit whatsoever, the City gets reimbursed up to its thirty thousand
dollars, and anything after that, they can keep.
Mayor Clark: Yeah, and if... We'll have the "grab -its" on that, right?
Commissioner Plummer: What?
Mayor Clark: You people that check all these numbers.
Commissioner Plummer: Oh, yes, sir. That's the City's people, the internal auditors, will check
these numbers. Yes, sir.
Mayor Clark: I make a motion. Is there a second?
Commissioner Plummer: Yes, sir. That way, we have a chance of getting our money back.
Mayor Clark: That's right.
Commissioner Plummer: If they make it, we make it. If they don't make it, we don't make it.
Mayor Clark: OK. All right. You got it.
Mr. Rodriguez: Thank you very much.
Mayor Clark: Call it.
Commissioner Plummer: You haven't got a vote yet.
Mr. Rodriguez: Oh, I'm sorry.
Mayor Clark: Do you second, Willy?
Commissioner Gort: Yeah, I'll do it.
Mayor Clark: All right. With no objection, cast a unanimous ballot.
98 July 14, 1994
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-506
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM
METROPOLITAN DADE COUNTY TOURIST TAX SUPPORT OF THE NATIONAL
CHOPIN PIANO COMPETITION TO BE CONDUCTED BY THE CHOPIN
FOUNDATION OF THE UNITED STATES, INC. DURING MARCH 3 THROUGH
MARCH 12, 1995 ATTHE G[.JSMAN CENTER OF THE PERFORMING ARTS; SAID
ALLOCATION CONDITIONED UPON TIIE FOLLOWING: (I) THE CITY SHALL
BE REIMBURSED ANY PROFITS REALIZED FROM SAID EVENT IN AN
AMOUNT NOT TO EXCI_ED $30,000, AND (2) THE EVENT ORGANIZERS SHALL
COMPLY WITH ANY OTHER CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows hotly cif resolution, emitted 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
------------------•----------------------------------------------------------------------------------------------
23. AUTHORIZE ISSUANCE OF REVOCABLE PERMIT TO MIAMI-DADE
COMMUNITY COLLEGE FOR ACCESS / USE OF MIAMI BOBBY
MADURO BASEBALL STADIUM PARKING LOT (2301 N.W. 10
AVENUE) -- TO PROVIDE: PARKING FACILITIES TO STUDENTS /
FACULTY / VISITORS OF THE COLLEGE MEDICAL CENTER
COMPLEX -- INITIAL PAYMI Nl' FOR USE OF SAID AREA TO BE $70,000
ANNUALLY, THEREAFTER INCREASING SAID CONTRACT BY 5% PER
YEAR.
i----------------------------------------------------------------------------------------------------------------
Mayor Clark: Move over to item 35. It's been approved, thirty thousand. You know the
conditions?
Unidentified Speaker: Yes, we do.
Commissioner Plummer: Item 35?
Mayor Clark.: Thirty-five is a revocable permit with the Miami -Dade Community College. Mr.
Clark Cook, are you up here on this?
Mr. Cesar Odio (City Manager): We recommend this. This is a pass -through from students to
the City.
Commissioner Plummer: I've already talked to these people. They've agreed, and we'll get
seventy thousand a year, and I am agreeable to that. Mr. Mayor, I move item 35 on a revocable
permit to the tune of the City's return of revenue of seventy thousand a year.
Mr. Louis Wolfson: Commissioner Plummer.
Commissioner Plummer: Sir?
Mr. Wolfson: Can I address that issue? My name is Louis Wolfson, a trustee of Miami -Dade
Community College,
Commissioner Plummer: Well, sir, you can address it, but in the future, don't send somebody to
speak to me, if they make a commitment that you don't live up to. You come see me in the
future. Mr. Mayor, I'd ask at this time that this matter be deferred so Mr. Wolfson can come talk
to me and take it from there.
Vice Mayor Dawkins: Second.
Mayor Clark: Well.
Mr. Odio: We have a matter here of a service we'll be providing to the students....
Commissioner Plummer: Are you speaking to the deferment?
Vice Mayor Dawkins: Hold it. There's a motion on the floor.
I Commissioner Plummer: Are you speaking to the deferment?
100 July 14, 1994
Mayor Clark: All in favor of the motion, signify by saying "aye."
Commissioner Plummer: Mr. Mayor, I'm willing to pass the other motion which 1 had agreed
upon.
Vice Mayor Dawkins: OK. Mr. Mayor...
Mr. Wolfson: OK.
Commissioner Plummer: OK? I move, Mr. Mayor, that they be given the use of this facility,
and I don't know what Dawkins' problem is, and that the City's revenue will be seventy
thousand dollars a year on a revocable permit. That's...
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: No.
Commissioner Gort: Second...
Mayor Clark: Is there a third?
Vice Mayor Dawkins: Second, under discussion.
Commissioner Plummer: Yeah, seventy thousand a year.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. Gort seconded. You know, you sit here, and you go through these -
I don't know what you call them.
Mayor Clark: Exercises in futility.
Vice Mayor Dawkins: Of futility. OK? Now, Miami -Dade attempted to have the City of Miami
give them this property for nothing. OK? That fell through.
Commissioner Plummer: As it should have.
Vice Mayor Dawkins: Now, just because a given certain set of circumstances produce a
predicted result doesn't necessarily mean that the activities were designed to do that. Now, right
after this property was turned down by the City of Miami, then it may not be coin... may be
coincidental. But right after that, the Miami -Dade Community College, right after we turned the
land down, puts out a job announcement, and it says, "Vice president of public affairs, district of
Wolfson College president's office" - I want you to hear what it says - "vice president for public
affairs." There's nowhere at the college... On no level is a vice president hired with a Bachelor's
degree. Now, in this job announcement, it says what all of the duties will be, and what the
requirements are. Bachelor's degree with appropriate combination of training and experience,
demonstrating leadership in the area of public relations, public administration of governmental
affairs, et cetera, and et cetera. Now, I worked at Miami -Dade twenty-two years, and I have
never known a vice president to be appointed with a Bachelor's degree. You had to have a
Master's or above. So it would appear - now although it may not be true - that an individual was
promoted with a Bachelor's degree so that we, the City of Miami, would give them that land.
Now, that may not be true, and it may be true, but that's how I feel.
101 July 14, 1994
a]
Mayor Clark: All right, on the motion.
Commissioner Plummer: Mr. Mayor, for the record, if I may. When this matter came before
me, I asked that it he run by Mr. Clark Cook, who is the Off -Street Parking Authority, to come
back to me and tell me whether he felt that the deal was reasonable and within accord. He did
come back and say that it was reasonable, and then Mr. Cook and I disagreed, because I figured
the City was entitled to a few more dollars. We did agree upon seventy thousand dollars for five
hundred parking spaces for one year, and that was the predication of my motion; not on anybody
who was there, or working there, or not working there.
Mayor Clark: There's a second. Next case. Call the roll.
Commissioner Gort: Mr. Mayor, as seconder of the motion, I'd like to explain this, is that I was
looking at the... Presently, we're trying to get as many revenues for the City as we can, outside
of the ad valorem taxes. Right now, we're not betting anything for that property. This is a
chance for an additional seventy thousand dollars. That's the reason why I voted for the second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-507
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO MIAMI-DADE COMMUNITY COLLEGE, AT AN
ANNUAL FEE OF $70,000, FOR ACCESS TO AND USE OF THE PARKING LOT
AT 2301 NORTHWEST 10TH AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE
OF PROVIDING PARKING FACILITIES TO THE STUDENTS, FACULTY AND
VISITORS OF THE MIAMI-DADE COMMUNITY COLLEGE, MEDICAL CENTER
CAMPUS, SAID PERMIT TO BE FOR ADDITIONAL ONE YEAR PERIODS UPON
APPROVAL OF THE CITY MANAGER OR HIS DESIGNEE, ALL IN
ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID
REVOCABLE PERMIT.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: Commissioner Victor De Yurre
Vice Mayor Dawkins: And I want to know that...
Mayor Clark: Good. You, double thoght of that.
Commissioner Plummer: We're getting seventy thousand from a parking lot, and we're getting a
hundred and twenty-five thousand from a twenty million dollar hotel. Something is wrong.
102 July 14, 1994
Mayor Clark: All right let's move forward. Listen, if it hadn't have been for twenty years ago
when that deal was made, we wouldn't he working on that thing today.
Commissioner Plummer: I want to tell you, you're right.
Mayor Clark: I'm not going to inherit anybody else's baggage or garbage that was made at that
time. That was terrible.
Commissioner Plummer: You know who (lid it?
Mayor Clark: Mr. Grassi did it.
Commissioner Plummer: Oh, I was here, yeah.
-----------------------------------••----------------------------------------------------------------------------
24. EMERGENCY ORDINANCE: ACCEPT GRANT-IN-AID AWARD
($110,000) -- ENTER INTO AGREEMENT WITH NATIONAL HISTORICAL
PUBLICATIONS AND RECORDS COMMISSION (NHPRC) TO ESTABLISH
AN ARCHIVES AND RECORDS MANAGEMENT PROGRAM --
ESTABLISH NEW SPECIAL REVENUE FUND: MIAMI MUNICIPAL
ARCHIVES AND RECORDS MANAGEMENT PROGRAM.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-five, special recreation fund. What have we got on that?
Commissioner Plummer: What did we do with 24, Mr. Mayor?
Mayor Clark: We moved it, didn't we?
Commissioner Plummer: No, sir.
Ms. Matty Hirai (City Clerk): No, sir. We're on 24 now, Mr. Mayor.
Commissioner Plummer: I'll move 24.
Mr. Cesar Odio (City Manager): Let me read this. This is being presented on an emergency
basis because the effective date of the grant period will occur during the month when the
Commission is in recess.
Mayor Clark: All right. Call the roll.
MOTE FOR THE RECORD: At this time, the title of the herein
emergency ordinance was not read into the public record.
However, said title was correctly placed into the public record and
a second roll call taken at the end of the discussion of agenda
item 25, hereinbelow. To avoid confusion, we will nevertheless
quote said title at this point:
103 July 14, 1994
i
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An Ordinance entitled -
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER TO
ACCEPT A GRANT-IN-AID AWARD, IN THE AMOUNT OF $110,000.00 AND
TO ENTER INTO THE NECESSARY AGREEMENT(S), IN A FORM
ACCEPTABLE TO '1111 CITY ATTORNEY, WIT IA THE NATIONAL
HISTORICAL PUI3LICATIONS AND RECORDS COMMISSION TO
ESTABLISH AN ARCHIVES AND RECORDS MANAGEMENT PROGRAM;
ESTABLISHING A NEW SPECIAL, REVENUE I"UND ENTITLED: "MIAMI
MUNICIPAL_ ARCIIIVES AND RECORDS MANAGEMENT, PROGRAM," AND
APPROPRIATING FUNDS T11EREFOR IN THE AMOUNT OF $110,000 FROM
THE NATIONAL. HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION; FURT'ITER DIRECTING THE CITY CLERK TO ASSIST IN
SAID PROJECT, SUCH ASSISTANCE TO PROVIDE THE LOCAL IN -KIND
MATCH FOR SAID GRANT; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plununer and seconded by Commissioner Gort, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayer Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11162.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: It's an emergency?
Ms. Hirai: Mr. Mayor, one comment about the emergency ordinance. This is the acceptance of
the grant. There is a word in the title that says, "Such assistance to come from the City to
provide local in -kind match requirement."
104 July 14, 1994
Mayor Clark: Do we need another roll call?
Ms. Hirai: Yes, sir. Right now, if I may just amend this one word.
Mayor Clark: Yes.
Ms. Hirai: The papers from NHPRC (National Historical Publications and Records
Commission) says the City "may." So the requirement should he taken out. I don't think we
should tie ourselves on that.
Mayor Clark: All right.
----------------------------------------------------------------------------------------------------------------
25. EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND:
PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - 1994-95 --
APPROPRIATE $475,786, CONSISTING OF A $334,032 GRANT FROM
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES (I -IRS), $41,754 AS CONTRIBUTION FROM
GENERAL FUND FOR REQUIRED LOCAL MATCH, AND $100,000 IN
CARRY-OVER FUND BALANCE FROM SPECIAL REVENUE FUND:
RECREATION PROGRAMS FOR THE DEVELOPMENTALLY DISABLED
FY' 94.
------------ ---------------------------------------------------------------------------------------------------
Mayor Clark: Item 25.
Commissioner Plummer: Move it.
Mr. Cesar Odio (City Manager): It's being presented as an emergency due to the tact that these
grants were recently awarded. They need to meet the State of Florida established time
constraints and deadlines, and to ensure that funds are immediately in place.
Commissioner Plummer: Move it.
Mayor Clark: Is there an ordinance on this?
A. Quinn Jones,11I, Esq. (City Attorney): Excuse me. Yes, it is.
Mayor Clark: Read it.
105 July 14, 1994
An Ordinance entitled -
AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL REVENUE
FUND ENTITLED; "PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED - 1994-95" AND APPROPRIATING FUNDS FOR ITS OPERATION
IN THE TOTAL AMOUNT OF $475,786 CONSISTING OF A $334,032 GRANT
FROM THE STATE OF FLORIDA, DI?PARTMI;NT OF HEALTH AND
REHABILITATIVE SI?RVICES (FIRS), $41,754 AS A CONTRIBUTION FROM
THE GENERAL FUND FOR THE REQUIRED I_.00AL MATCH, AND $100,000
IN CARRYOVER FUND BALANCE FROM THE SPECIAL. REVENUE FUND
ENTITLED "RECREATION PROGRAMS FOR Tllf DEVELOPMENTALLY
DISABLED - FY'94"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure rind dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Norte.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wit -redo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11163.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Move 26.
Mr. Jones: Mr. Mayor, let me go back and read 24, an error.
Mayor Clark: What's the problem?
Commissioner Plummer: He needs to read 24.
Mayor Clark: Call the roll again, just to get it on the record.
106
July 14, 1994
W
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NOTE FOR THE RECORD: At this point, realizing that
Emergency Ordinance tit a or agenda item 24 had not been
placed into the public record, the City Attorney proceeds to do so
and a second roll call is taken by the Clerk.
----------------------------------------------------------- .-----------------------------------------------------
26. ACCEPT GRANT($334,032) FROM STATE OF FLORIDA, DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES (HRS) TO FUND
PROGRAMS FOR THE DEVELOPMENTALLY DISABLED.
Mayor Clark: All right. Item 26,
Commissioner Plummer: Move it. It's a resolution.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Hold on. All in favor, signify by saying "aye." Opposed, like sign. So ordered.
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-508
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $334,032 FROM
THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
(Here follows body of resolution, emitted 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 Mayer Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
107 July 14, 1994
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----------------------------------------------------------------------------------------------------------------
27. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: FEDERAL HOME INVESTMENT PARTNERSHIP GRANT
PROGRAM (THIRD YEAR) -- APPROPRIATE $3,757,000, AS APPROVED
BY DEPARTMENT OF LiOUSING AND URBAN DEVELOPMENT (HUD)
FOR IMPLEMENTATION OF TILE HOME INVESTMENT PARTNERSHIP
PROGRAM.
Commissioner Plummer: Move 27.
Mayor Clark: Twenty-seven, an ordinance.
Commissioner Plummer: Second reading.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED; "FEDERAL HOME INVESTMENT PARTNERSHIP GRANT
PROGRAM (THIRD YEAR)", AND APPROPRIATING $3,757,000 FOR
EXECUTION OF SAME AS APPROVED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FOR IMPLEMENTATION OF THE HOME
INVESTMENT PARTNERSHIP PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of June 9, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11164.
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.
108 July 14, 1994
f
----------------------------- ----------------------------------------------------------------------------------
28. SECOND READING ORDINANCE: ESTABLISH 9 NEW SPECIAL
REVENUE FUNDS: (1) JTPA TITLE li / OLDER WORKER (PY'94); (2)
JTPA TITLE IIA / NEIGHBORHOODS J013S PROGRAM (PY'94); (3) JTPA
TITLE IIC / NEIGHBORHOODS J013S PROGRAM (PY'94); (4) JTPA TITLE
III PAN/AM DISI.,OCATED WORKERS PROGRAM (PY'94); (5) JTPA TITLE
III / EASTERN AIRLINES DISLOCATED WORKERS PROGRAM (PY'94);
(6) DI -IRS / RCA (PY'95); (7) JTPA TITLE III DISLOCATED WORKERS
PROGRAM (PY-94), (8) JTPATlTLE IIB SUMMER YOUTH EMPLOYMENT
AND 'TRAINING PROGRAM (PY'94); AND (9) OFFICE OF
INTERGOVERNMENTAL, LIAISON (PY'94) -- APPROPRIATE,
RESPECTIVELY: (1) $30,000; (2) $800,000, (3) $800,000; (4) $100,000; (5)
$200,000; (6) $60,000; (7) $4O0,000,. (8) $685,000; AND (9) 70,000, FROM U.S.
DEPARTMENT OF LA130R GRANT AWARDS -- ACCEPT GRANT
AWARDS -- ENTER INTO NECESSARY AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND 'TRAINING CONSORTIUM.
Commissioner Plummer: Move 28.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING NINE (9) NEW SPECIAL REVENUE FUNDS
ENTITLED: "JTPA TITLE II/OLDER WORKER (PY'94)", "JTPA TITLE
IIA/NEIGHBORHOODS JOBS PROGRAM (PY'94)", "JTPA TITLE
IIC/NEIGHBORHOODS JOBS PROGRAM (PY'94)", "JTPA TITLE III PAN/AM
DISLOCATED WORKERS PROGRAM (PY'94)", "JTPA TITLE III/EASTERN
AIRLINES DISLOCATED WORKERS PROGRAM (PY'94)", "DHRS/RCA (PY'95)",
"JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'94)", "JTPA TITLE IIB
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY'94)", AND
"OFFICE OF INTERGOVERNMENTAL LIAISON (PY'94)", AND
APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE
RESPECTIVE AMOUNTS OF $30,000, $800,0()0, $800,000, $100,000, $200,000,
$60,000, $400,000, $685,000 AND $70,000 FROM U.S. DEPARTMENT OF LABOR
GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
109
July 14, 1994
passed on its first reading by title at the meeting of June 9, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 111.65.
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.
----------------------------------------------------------------------------------------------------------------
29. (A) SECOND READING ORDINANCE: AMEND CODE CHAPTER 2
(ADMINISTRATION), SECTION 2-409 (SCHEDULE OF CIVIL
PENALTIES) -- INCREASE DOLLAR AMOUNT OF CIVIL PENALTY FOR
VIOLATION OF USING THE STREET OR SIDEWALK FOR ADVERTISING
/ DISPLAY PURPOSES AND PLACING SIGNS ON STREET OR SIDEWALK
SURFACE.
(B) BRIEF DISCUSSION ON POLITICAL SIGNS.
Commissioner Plummer: Move 29. Is anybody here from Public Works - not Public...
Mr. Cesar Odio (City Manager): We increased it to two hundred and fifty dollars, the penalty.
Commissioner Plummer: What?
Mr. Odio: The penalty has been increased to two hundred and fifty dollars.
Commissioner Plummer: OK. But wait a minute. I got a question. I thought we instructed the
Administration, the Code Enforcement, or whoever it be, that all these signs out here that say,
"Lose twenty pounds for twenty dollars," that they were going to call those numbers and bring
those people in, and cite them...
Mr. Odio: Yes, sir.
Commissioner Plummer: ... seventy-five dollars per sign.
Mr. Odio: I had a meeting with Carlos Smith, and we have a group of volunteers that are going
to remove the signs. We are going to fine those... We are going to give them a fine.
Commissioner Plummer: OK. What about the intersection of 3rd Avenue and 2nd Avenue that
is proliferated with political signs?
110 July 14, 1994
Mr. Odio: We're going to go after all of them. We started this past weekend.
Commissioner Plummer: What about the intersection of 4th Avenue and Southwest 7th Street,
as you come off the expressway?
Mr. Odio: We are going to hit the whole City.
Commissioner Plummer: May I ask when?
Mr. Odio: As we flit... Every weekend.
Unidentified Speaker: Every weekend.
Commissioner Plummer: When are you intending to start?
Mr. Odio: We started last weekend.
Commissioner Plummer: You're doing a had job.
Mr. Odio: What do you think, we can remove the...
Mayor Clark: Wait a minute, wait a minute. What's the law on this? What did the Judge say?
That you couldn't have a sign, a political sign, on your own property?
Commissioner Plummer: No, no, no. I'm not talking about private property. That's a different
ball game. They have to take out a permit, even on their own property. Am I correct in that?
I'm speaking, Mr. Mayor, mostly about people that are hanging, nailing garage sale signs in the
banyan trees on Coral Way.
Mayor Clark: I know it's terrible.
Commissioner Plummer: I'm talking about these people that are... "New life, lose twenty
pounds for twenty dollars," that are proliferating all of the trees and all of the telephone poles,
and I thought that's what we were trying to visual pollution eliminate.
Mayor Clark: Well, read this ordinance, then.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
Commissioner Plummer: I would like... Mr. Mayor, I'd like a weekly report, Mr. Manager, of
how many you have done the previous week, and what is available. I would also like to know...
I asked in this same vein that the - with the concurrence of the City Attorney - that his right to -
what is the word I want ? - negotiate the liens placed by Code Enforcement be eliminated to
where they cannot he reduced.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: But I... It was the same issue that I brought up before, and I think, Mr.
City Attorney, you had no objections to that.
Mr. Jones: I did.
Commissioner Plummer: Why would have an objection?
111 July 14, 1994
Mr. Jones: Commissioner, the objection that i mentioned to you at the time is that a lot of those
properties, as you know...
Commissioner Plummer: OK. I don't want to take up the Commission's time. You prepare an
ordinance, bring it back before this Commission, and we'll talk about it on another agenda. OK?
I think it's ludicrous that we. have ninety million dollars in liens, and by the time you get
massaged out, we got a dollar and eighty-two cents left. OK?
Mayor Clark: You want to defer this?
Commissioner Plummer: No, sir. ]'his one here, we. pass. The other one is what I want to bring
back. ,
Mr. Ted Stahl: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: Mr. Stahl wants to speak.
Mayor Clark: Oh, well this is on the next item.
Mr. Stahl: Mr. Plummer, in regards to these signs about liens, a lot of these people that advertise
on garage sales and losing weight, they rent. How do you go after these people? I will say one
thing about NET (Neighborhood Enhancement Team) in Coconut Grove. They're doing it, but
it's a difficult process to get these people.
Commissioner Plummer: Take them before Code Enforcement, sir.
Mr. Stahl: How do you take them before... They move.
Commissioner Plummer: You take the telephone number, you trace it back to who that number
is...
Mayor Clark: Wait a minute. One at a time. You can't understand what's going on here.
Mr. Stahl: Well, let me explain to you some of the problems we've already come up against on
this process. The "Weight Factor" guy, he lives in an apartment in Coconut Grove. Now, I will
say that when Christina Abrams and Brian Harms administered their selves at the premises, he
said that... They gave him ten days to remove these signs. The problem about these signs is the
backing on the back of them. You can't remove them. And they've gone around now, and the
sign, which we... are offensive, because it is not attractive, they've scratched out the telephone
number. That doesn't remove a sign. That just leaves the sign up there with the telephone. And
they are thinking they are meeting their requirements. The man has made an effort to go out, but
he has not removed the signs, because he can't get them off. He was given ten days. But, now,
he doesn't own property, so how do you put a lien against this man, when he doesn't own the
property he lives on?
Commissioner Plummer: Good question. It's a good question.
Mr. Stahl: Send him to jail
Commissioner Plummer: How do you... Well, how do you get a small claims award against a
person who doesn't have property? You put it against the person.
112 July 14, 1994
Mr. Odio: Well, what we'd like to do is...
Mayor Clark: Like Ms. Armbrister said, you don't - Judge Roy Bean said, "Hang them, shoot
them, or let them go." Right?
Commissioner Plummer: Hang them, shoot them or...
Mayor Clark: Maybe we should follow his philosophy.
Commissioner Plummer: 'That's like the undertaker that said, "Should we bury or cremate?"
And they said, "Do both, don't take any chances."
Mr. Stahl: But I must say one thing about NET in Coconut Grove. They have been working on
the problem, and I congratulate them.
Mayor Clark: And you're working both sides now. We're hack to 32. Are you on 32?
Commissioner Gort: That's a good question.
Commissioner Plummer: No, sir. We're on 30.
Mayor Clark: Thirty has been deferred.
Commissioner Plummer: Thirty-two.
Mayor Clark: Thirty-one has been deferred, or withdrawn.
Commissioner Plummer: The street vendors.
Ms. Matty Hirai (City Clerk): Excuse me. Mr. Mayor, we need a motion on 29. I'm sorry.
Commissioner Plummer: I made a motion.
Ms. Hirai: Yeah.
Mayor Clark: Second. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION" BY
AMENDING SECTION 2-409 ENTITLED "SCHEDULE OF CIVIL PENALTIES" BY
INCREASING THE DOLLAR AMOUNT OF CIVIL PENALTY FOR THE
VIOLATION OF USING THE STREET OR SIDEWALK FOR ADVERTISING OR
DISPLAY PURPOSES AND PLACING SIGNS ON STREET OR SIDEWALK
SURFACE; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
113 July 14, 1994
passed on its first reading by title at the meeting of June 9, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the fallowing vote:
AYES: Commissioner Wifredo Gort
Commissioner.l.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11166.
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.
---------------------------------------------••------------------------------------------------------------------
30. FIRST READING ORDINANCE: AMEND CODE CHAPTER 39, ARTICLE II
(SIDEWALK AND STREET VENDORS) -- ESTABLISH PROCEDURES FOR
ASSIGNMENT OF VENDORS TO SPECIFIC. VENDING ZONES IN
E; COCONUT GROVE SPECIAL VENDING DISTRICT -- PROVIDE FOR
VENDING FRANCHISES AND FRANCHISE FEES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-two.
Commissioner Plummer: OK. What's happening on 32? That's what I want to know.
Mayor Clark: Oh, god. Let's don't take too much time on it, please.
Commissioner Plummer: No. As long as it's a rotating...
Vice Mayor Dawkins: It's twelve o'clock.
Mr. Wally Lee: Commissioner, it's rotating on a monthly basis.
Commissioner Plummer: All right.
Mr. Lee: Clockwise. Everybody will get a shot at every spot, as indicated.
Mayor Clark: Let's move it, then.
Commissioner Plummer: Is it a drawing?
Mr. Lee: It is a drawing, sir.
Commissioner Plummer: OK. And what about insurance?
Mr. Lee: We require one million dollars worth of insurance.
114 July 14, 1994
Commissioner Plummer: All right. is a provision in there that they cannot sell any goods within
so many feet of a company that is...
Mayor Clark: Come. on, J.L. Move it. It's twelve o'clock. You want to be cut short?
Commissioner Plummer: No. What I went to know is that the provision is in there.
Mr. Lee: Yes, sir, exactly as it was before.
Commissioner Plummer: That's all i ask for.
Mayor Clark: Is there a motion? You got to read it?
Mr. Stahl: Bet -ore the motion...
Mayor Clark: Call the roll.
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE 11,
ENTITLED "SIDEWALK AND STREET VENDORS", BY ESTABLISHING
PROCEDURES FOR ASSIGNMENT OF VENDORS TO SPECIFIC VENDING
ZONES iN THE COCONUT GROVE SPECIAL VENDING DISTRICT;
PROVIDING FOR VENDING FRANCHISES AND FRANCHISE FEES;
PROVIDING FOR REVOCATION; PROVIDING FOR LIABILITY AND
INSURANCE; MORE PARTICULARLY BY AMENDING SECTIONS 39-11, 39-17
AND 39-17.1; PROVIDING FOR REVIEW BY THE CITY COMMISSION SIX
MONTHS AFTER EFFECTIVE DATE; 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 J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
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.
Mr. Odio: Mr. Mayor, just... We need to clarify something
Mr. Stahl: I tell you, this happens every time.
Mayor Clark: Here's the option. Here's the option, please.
Mr. Stahl: May I interrupt?
Mayor Clark: Please, sir. No, you can't. Sit down, relax a minute. The option is we can
continue this agenda...
Mr. Stahl: Oh, 1 tell you, this is really a waste of time.
Mayor Clark: ... and come hack at five o'clock for that one item, or take a break now. What do
you say?
Vice Mayor Dawkins: Come hack at five o'clock for one item?
Mayor Clark: Yeah. One item.
Vice Mayor Dawkins: We got 3.5, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45. How can we come back
at five o'clock with one item?
Mayor Clark: Well, we've got to he at five o'clock for the item up there at Morningside. Set for
five o'clock.
Commissioner Plummer: No. What I was asking, Mr. Mayor, do you want to take another half
hour and get everything finished but that? That's what I was asking. OK. Look, it makes no
difference to me.
Mayor Clark: He wants to eat lunch. He needs lunch.
Commissioner Plummer: Fine. Fine.
---------------------------------------------------------------------------------------------------------------
31. AUTHORIZE CITY MANAGER TO COMMENCE NEGOTIATIONS FOR
ACQUISITION OF OLD UNITED WAY PROPERTY (S.W. 10 STREET AND
S.W. 2 AVENUE) FOR DEVELOPMENT OF A 130-UNIT AFFORDABLE
RENTAL HOUSING' PROJECT BY THE DOWNTOWN MIAMI
COMMUNITY DEVELOPMENT CORPORATION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Willy's got a pocket item. What is it about?
Commissioner Plummer: At eight o'clock?
Commissioner Gort: I sent a memo to all of you about a pocket item here.
Commissioner Plummer: Eight o'clock?
Mayor Clark: Read it, Willy.
Commissioner Plummer: I'll invoke the rule.
Commissioner Gort: Well, you guys want to hear it?
Mayor Clark: What is it, Willy?
116
July 14, 1994
Commissioner Gort: Why don't you came and explain it, the...
Mr. Cesar Odio (City Manager): This is on the housing units.
Commissioner Gort: Yeah. This... I sent you all a copy of the memorandum. You should have
it.
Mayor Clark: Go ahead.
Commissioner Plummer: Let me just ask one quick question on that, Willy, because we had a
problem there before, and I think Dick knows it. What about the neighborhood? Are they going
to he causing any kind of grief in the neighborhood of objecting about moderate or low-income
housing? That... Remember what happened to us before. That's all I'm saying.
Mr. Richard Fosmoen: The other neighborhood was primarily single-family. This is
multifamily, and it does provide lower income rents.
Mayor Clark: Your name for the record, please, sir.
Commissioner Gort: Name and...
Mr. Fosmoen: I'm sorry. Richard Fosmoen, Director of the Downtown Miami Community
Development Corporation. This neighborhood, J.L., is almost entirely rental properties.
Commissioner Plummer: Well, I'm familiar with the neighborhood.
Mr. Fosmoen: We've been in touch...
Commissioner Plummer: I just don't want to he giving money out here, and then have people
come in here by the hundreds, which happened before, screaming at us about putting low-income
housing in there.
Mr. Fosmoen: It's properly zoned.
Commissioner Plummer: Fine.
Commissioner Gort: It's multifamily affordable housing.
Commissioner Plummer: Fine, great.
Commissioner Gort: And my understanding is the presentation they're making, they're making
in the Brickell area...
Commissioner Plummer: I guess the only question I really have, Willy, that I... what I've read.
It's a hundred and thirty units?
Ms. Fosmoen: Yes, sir.
Vice Mayor Dawkins: In total?
Commissioner Plummer: Dick, that's... How high are you going?
Mr. Fosmoen: We're going...
117 July 14, 1994
►VAI. 1 VC1I 1I\IV 11. 111 ILL<ll, 1 l.l, .11l.
Vice Mayer Dawkins: Well, why would you have a hundred and thirty units... a hundred and
four bedrooms, twenty-six... OK. Twenty-six efficiencies.
Mr. Fosmoen: Yeah.
Commissioner Plummer: How high are you planning on going?
Mr. Fosmoen: It's about twelve stories.
Commissioner Plummer: Is there anything else in that neighborhood twelve stories high?
Mr. Fosmoen: Not in that... There's some eight, nine -story properties.
Unidentified Speaker: Six, eight.
Mr. Fosmoen: Eight, six. And it's properly zoned.
Vice Mayor Dawkins: One more question and I'll be finished, Mr. Gort. One more question. A
hundred, Mr. Manager, a hundred and thirty units require how many parking spaces on site?
Mr. Fosmoen: According to the Code, it requires seventy-five... We're providing seventy-five.
Mr. Odio: They're providing the... They're providing what the code requires, seventy-five.
Vice Mayor Dawkins: It meets the code?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: No problem.
Commissioner Plummer: Now is this rental or for sale?
Mr. Fosmoen: Rental.
Commissioner Plummer: And is this a nonprofit organization?
Mr. Fosmoen: Yes, sir.
Commissioner Plummer: And they will be the actual... They'll be the management of this?
Commissioner Gort: Right.
Mr. Fosmoen: We're talking... We've been talking with East Little Havana about managing the
property. We'll be the developer.
Mayor Clark: Does Al Cotera know about this?
Commissioner Plummer: I would ask that a provision he put on this that, if, in fact, this is
transferred to any other organization, that it must be approved by this City Commission.
118 July 14, 1994
!'"%ti
Mayor Clark: OK.
Commissioner Gort: No problem. OK. I make the motion.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: With no exception, cast a unanimous ballot, Madam Clerk.
Commissioner Gort: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-509
A RESOLUTION RELATING; TO TI1E PROPOSED DEVELOPMENT OF A 130-
UNIT AFFORDABLE RENTAL I-IOUSING PROJECT FOR THE ELDERLY
(PROJECT), TO BE LOCATED ON THE OLD UNITED WAY PROPERTY, S.W.
LOTH STREET AND S.W. 2ND AVENUE, MIAMI, FLORIDA, BY THE
DOWNTOWN MIAMI COMMUNITY DEVELOPMENT CORPORATION (A NOT -
FOR -PROFIT CORPORATION); AUTHORIZING THE CITY MANAGER TO
COMMENCE NEGOTIATIONS FOR ACQUISITION OF SAID PROPERTY
SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY COMMISSION;
APPROVING, IN PRINCIPLE, THE DESIGNATION OF THE DOWNTOWN MIAMI
COMMUNITY DEVELOPMENT CORPORATION AS SPONSOR TO UNDERTAKE
THE DEVELOPMENT OF THE PROPOSED PROJECT, SUBJECT TO SAID
SPONSOR FULFILLING CERTAIN CONDITIONS AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mr. Fosmoen: Thank you very much.
Commissioner Plummer: Are we going to lunch now?
Vice Mayor Dawkins: Yes.
Commissioner Plummer: OK.
32. (A) EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE FUND: OPERATION
C.A.R.S. -- ACCEPT GRANT ($4.5,540) FROM FLORIDA MOTOR
VEHICLE THEFT PREVENTION AUTHORITY -- AUTHORIZE
MANAGER TO EXI:?CUTE NECL?SSARY DOCUMENT'S.
(B) URGE FLORIDA Dl?PARTMENT OF MOTOR VEHICLES TO
REINSTITUTE MONITORING OFFICE AT THE PORT OF MIAMI
TO SPECIFICALLY CHECK FOR STOLEN AUTOMOBILES BEING
SHIPPED OUT OF TLII? COUNTRY IN CONTAINERS.
Mayor Clark: I got onee little packet here.
Commissioner Plummer: Did Raul Valdes-Fauli leave?
Mr. Cesar Odio (City Manager): Yeah.
Vice Mayor Dawkins: Another pocket. Hold it, the Mayor has a pocket.
Commissioner Plummer: He's here?
I
Mayor Clark: Please.
Vice Mayor Dawkins: Go ahead, sir.
Commissioner Plummer: This is an emergency ordinance establishing initial resources and
initial appropriations for a special revenue fund grant, Operation Cars, accepting the grant for the
amount of forty-five thousand, five -forty from the Florida Motor Vehicle Theft Prevention. You
know about this, Al? And authorizing the City Manager to execute any and all documents
necessary to accept the grant.
Vice Mayor Dawkins: OK. Move it.
Mayor Clark: Containing a repealer provision and a severability clause. Mr...
Vice Mayor Dawkins: Move it.
A. Quinn Jones, III, Esq. (City Attorney): It's an ordinance?
Mayor Clark: Second. I read the ordinance. You want a copy of it? Cesar, you want a copy of
this?
Mr.Odio: No.
Commissioner Plummer: Is this coming from what source, the funds?
Mayor Clark: From the Motor Vehicle...
Lieutenant Joseph Longueira: That source that the State of Florida created the additional tax.
120 July 14, 1994
Commissioner Plummer: And the money is going to go to the Police Department?
i
+ Lt. Longueira: Yes.
Commissioner Plummer: That's fine.
Mayor Clark: Motor Vehicle Prevention Authority. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "OPERATION C.A.R.S." AND APPROPRIATING INITIAL
RESOURCES, IN THL�, AMOUNT OF $45,540: AUTHORIZING THE CITY
MANAGER TO ACCI"PTA GRANT FROM THE FLORiDA MOTOR VEHICLE
THEFT PREVENTION AU'i'I IORI'hY FOR SAiD AMOUN I'; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A DORM ACCEPTABLE TO THE CiTY ATTORNEY, FOR
THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT;
CONTAINING A. REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
( AYES: Commissioner Wifredo Gort
t
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11167.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Mr. Mayor, can I pass a resolution here urging the Florida Department
of Motor Vehicles once again reestablish a facility at the Port of Miami, which they previously
automobiles going out of the port in containers. When they vacated
had, in checking stolen
doing that responsibility, it was taken over by a Federal agency, and according to my policemen,
as they sit there with the LoJack cars, watching the containers go by, the LoJack is playing all
121 July 14, 1994
kinds of tunes. For example, they went the other day and found one container with eight stolen
four-by-fours. We need, Mr. Mayor, to urge the State of Florida to reinstitute that which they
had there when no stolen vehicles were going out, and urge them in a very strenuous way to
please reinstate that facility, and I so move.
Commissioner Gort: Second.
Mayor Clark: Seconded. Cast a unanimous ballot.
The following; resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 94-510
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO REESTABLISH THE PORT OF MIAMI
INSPECTION FACILITY FOR THE PURPOSE OF CHECKING FOR THE ILLEGAL
TRANSPORTATION OF CONTAINERIZED STOLEN VEHICLES; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
DIRECTOR OF THE FLORIDA OFFICE OF CARRIER COMPLIANCE.
(Here follows body of resolution, omitted here and can 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
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:05 P.M. AND RECONVENED AT 3:06 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
122 July 14, 1994
Commissioner Plummer: ...to me and other members of this Commission all of the minutes
relating to the establishment of the Knight Center where it relates to the University of Miami's
involvement and commitment to this City to be involved.
Ms. Hirai: Yes, sir
Commissioner Plummer: Thank you. Next hour will be fine.
Vice Mayor Dawkins: I think it said three o'clock.
Commissioner Plummer: Yeah.
--------------------------------------------------------------••-------------------------------------------------
33. (A) ALLOCATE $50,000 TO BAYFRONT PARK MANAGEMENT
TRUST -- FOR MAINTENANCE OF BICENTENNIAL. PARK.
(B) ALLOCATE $30,000 TO BAYFRONT PARK MANAGEMENT
TRUST -- FOR SECURITY AT BAYFRONT PARK.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: I have a pocket item. Could I do a pocket item here and we could...
i
Mayor Clark: Right quick.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Eight o'clock.
Vice Mayor Dawkins: Eight o'clock? You did two already. Mr. De Yurre, I got... Every time I
put this on the agenda, it gets kicked off. When J.L. Plummer was Chairperson of the trust, he
would bring them all up as pocket items, and they would go through. Now, this is the third time
I've asked for fifty thousand dollars for the Bayfront Park Management, to help us operate and
maintain Bicentennial Park for the remainder of the fiscal year. And each time, it gets pulled off
the agenda. I'd like to pass this. I so move that we get the fifty thousand dollars.
Commissioner Plummer: I second the motion, but I want to remind you who was the last one
that pulled it off the agenda. His name was Miller Dawkins.
Vice Mayor Dawkins: That was when you were the chairperson.
Commissioner Plummer: Oh, I'm sorry.
Mayor Clark: There's a motion and a second. Please. Motion and a second, Madam Clerk.
Cali the roll.
_ - 123:
-July 1:4, 1394
004
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-511
A RESOLUTION AUTHORIZING AN ALLOCATION OF $50,000 FOR THE
BAYFRONT PARK MANAGEMENT TRUST, TO ENABLE THE TRUST TO
OPERATE AND MAINTAIN BICENTENNIAL PARK FOR THE REMAINDER OF
THE FISCAL YEAR.
(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: Commissioner Dawkins, let me ask you. The other one you never
passed either was the thirty thousand dollars for the security.
Vice Mayor Dawkins: What? For the fence or for the security?
Commissioner Plummer: No, the security person.
Vice Mayor Dawkins: Yeah, they keep pulling... They pulled that off, too.
Commissioner Plummer: Well, put it back on now. Let's take care of it.
Vice Mayor Dawkins: All right. I so move.
Commissioner Plummer: And I second that Mr... And the Manager had agreed previous to that,
to add thirty thousand dollars for the security of maintaining the secure... especially for the safety
of the park, and he had agreed to it.
Mayor Clark: With no objection, Madam Clerk, cast a unanimous ballot.
July 14, 1994
i
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-512
A RESOLUTION AUTHORIZING AN ALLOCATION OF $30,000 FOR THE
BAYFRONT PARK MANAGEMENT 'TRUST TO PROVIDE SECURITY AT
BAYFRONT PARK.
(Here follows body of resolution, emitted 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 Wifrcdo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
34. AUTHORIZE EXECUTION OF THE FOLLOWING AGREEMENTS WITH
AETNA LIFE INSURANCE COMPANY, PERTAINING TO THE MIAMI
CONVENTION CENTER (400 S.E. 2 AVENUE): (1) SETTLEMENT
AGREEMENT; (2) LEASE ASSUMPTION AGREEMENT; (3) PARKING
RIGHTS ASSUMPTION AGREEMENT; AND (4) AMENDMENT #5 TO
LEASE. (See label 4)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What was the number of the item, what we had this morning? Come up, Mr.
Mayor.
Mr. Cesar Odio (City Manager): Number one, Mr. Mayor.
Mayor Clark: Number one?
Vice Mayor Dawkins: Move it.
Mayor Clark: It's been moved by Mr. Dawkins. We've had a lot of conversation.
Commissioner Gort: Second.
Mayor Clark: By Mr...
Commissioner Plummer: I was the one, Mr. Managed`- Mr. Mayor - that raised holy hell. I am
told that it's been negotiated, and that's the best we're going to be able to do. And I want to put
the university on notice right now that I think that they are the bad guys, and that it's fully my
125 July 14, 1994
intention to continuously remind this Commission that, every week, that we're going to go after
them.
Mayor Clark: All right. Call the roll.
Commissioner Plummer: So if that's all we can do, that's all we can do.
Mayor Clark: Call the roll, Madam Clerk.
Tile following resolution was introduced by Vice Mayer Dawkins, who moved its adoption:
RESOLUTION NO. 94-513
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FOLLOWING AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORMS, BETWEEN THE CITY OF MIAMI AND AETNA LIFE
INSURANCE COMPANY, PERTAINING TO THE MIAMI CONVENTION CENTER,
400 S.E. 2ND AVENUE, MIAMI, FLORIDA: 1) SETTLEMENT AGREEMENT, 2)
LEASE ASSUMPTION AGREEMENT, 3) PARKING RIGHTS ASSUMPTION
AGREEMENT, AND 4) AMENDMENT #5 TO LEASE.
(Here follows body of resolution, omitted here and on file in the Office of the City
! Clerk.)
i
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
f
y
{
126 July 14, 1994
------------------------------------- ----------------------------------------------------------------------------
35. AUTHORIZE EXECUTION OF AMENDMENT 2 TO EXISTING
AGREEMENT WITH THE YWCA OF GREATER MIAMI, INC. -- PROVIDE
AN ADDITIONAL. $200,000 TO COMPLETE REHABILITATION OF
OVERTOWN / CULMER CHILD DAY CARE FACILITY (1009 N.W. 5
AVENUE), WITH PROVISO -- ALLOCATE FUNDS FROM 18TH AND 19TH
YEAR CDBG FUNDS.
Mayor Clark: Item number 40. Ms. Phillips, would you please came forward. Our colleague,
our former colleague. Beverly and 1, on the County Commission. 'This is the YWCA (Young
Women's Christian Association) Amendment 2. City Commission Meeting. Mr. Manager, you
recommend this?
Commissioner Plummer: Four -zero, that's what I heard.
Mayor Clark: Yes, sir. Execute Amendment Number 2 to existing agreement substantially
attached with the YWCA of Greater Miami, Incorporated, two hundred thousand dollars.
Everything all right with you, Mr. Manager?
Mr. Cesar Odio: (City Manager): We have already given her a hundred and twenty-five
thousand dollars. How much more do they need?
Commissioner Gort: Does this fit in with the Manager?
Mr. Herb Bailey: Half of what it's going to take. The balance is going to come from Dade
County.
Mr. Odio: OK.
Mr. Bailey: This is the same site where we're building the clinic, and we want to finish the
entire site, and have the daycare finished, as well as the clinic.
Mr. Odio: I highly recommend this.
Commissioner Plummer: What does Amendment 2 say, Mr. Bailey? This is Amendment
Number 2, according to the agenda.
Mayor Clark: Complete the rehabilitation of Over...
Mr. Bailey: This is just an amendment to the... We already have a contract with the "Y" for this
renovation.
Commissioner Plummer: All right.
Mr. Bailey: We're just amending it for a new amount. It's for two hundred thousand dollars.
Commissioner Plummer: Let me ask you a question. As I have always requested, now we're
into this to the tune of three hundred and twenty-five thousand; is that correct?
Mr. Bailey: No.
127 July 14, 1994
_A
Commissioner Plummer: How much has the City given them in total, if we give them this two
hundred thousand?
Ms. Beverly Phillips: Yeah, it will he. It will he.
Mr. Bailey: Yeah. It will he... With this two hundred thousand, it will be three hundred and
twenty-five. thousand.
Commissioner Plummer: I would assume that it's in the agreement that, if, in fact, that facility is
ever sold, the. City will get at least its amount of money back.
Ms. Phillips: You own it. We're just leasing it.
Commissioner Plummer: We own the facility?
Ms. Phillips: You own the facility.
Mr. Bailey: Yeah. We're still... yeah.
Commissioner Plummer: If you vacated it, it's ours in total.
Mr. Bailey: It... It's our facility, yes. We've owned it, always owned.
Commissioner Plummer: OK.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Do you have the County's two hundred thousand dollars in hand?
Ms. Phillips: No.
Vice Mayor Dawkins: All right. I move this...
Ms. Phillips: But I hopefully have Larry Hawkins' committee in hand.
Vice Mayor Dawkins: I move this with the...
Commissioner Plummer: Subject to.
Vice Mayor Dawkins: ... proviso that once the City of Miami - the County's - money is in hand,
our money will go in hand.
Mayor Clark: Whatever is fair.
Commissioner Plummer: Subject to.
Mayor Clark: Second?
Commissioner Plummer: Fine, second.
Mayor Clark: Call the roll, Madam Clerk.
128 July 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-514
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE EXISTING
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE YWCA
OF GREATER MIAMI, INC., TO PROVIDI-, AN ADDITIONAL $200,00 TO
COMPLETE THE RI IIA131LiTATION OF THE OVERTOWN/CULMER CHILD DAY
CARE FACILITY, LOCATED AT 1009 NORTHWEST 5TI-I AVENUE, MIAMI,
FLORIDA, SAID FUNDS TO 13E PROVIDED AFTER MATCHING FUNDS FROM
METROPOLITAN DADE COUNTY HAVE BEEN DEPOSITED IN THE
APPROPRIATE ACCOUNT; ALLOCATING FUNDS THEREFOR FROM EIGHTEEN
AND NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NO. 799610.
(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: Thank you, Beverly.
Ms. Phillips: Thanks.
----------------------------------------------------------------------------------------------------------------
36. ALLOCATE $25,000 FOR STEPHEN ZACK, OUTSIDE COUNSEL ACTING
ON THE CITY'S BEHALF IN LAWSUIT FILED BY WYNWOOD
DEVELOPMENT CORPORATION AGAINST THE CITY.
Commissioner Plummer: Now, where are we?
Mayor Clark: Mr. Quinn Jones...
Unidentified Speaker: May I say something concerning that?
129 July 14, 1994
N
W
Mayor Clark: Hold it, hold it, hold it. Just a moment, please. Please, ma'am, no.
Unidentified Speaker: OK.
Mayor Clark: Mr. Quinn Jones, you need outside counsel? We've been sued again?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Mr. Mayer and members of the Commission,
you know that, I guess it was as of yesterday, day before yesterday, the Wynwood Development
Corporation instituted a lawsuit against the City and given the parameters, and I don't think I
need to go into any detail about the allegations, but I... It's my opinion that the City would best
be served in this instance, it', in fact, we did engage outside Counsel.
Mayor Clark: All right.
Mr. Jones: I would request that you authorize the engagement of Steve Zack's firm; with an
initial amount not to exceed twenty-five thousand dollars. It may he a possibility that it may not
go that far, but we do need to engage counsel to work on it. There's a very strong possibility, of
course, that the attorneys from my office who...
Vice Mayor Dawkins: So moved.
Mr. Jones: OK.
Mayor Clark: Second.
Commissioner Plummer: Have we established an hourly rate?
Vice Mayor Dawkins: Twenty-five.
Mayor Clark: Maximum.
Mr. Jones: What I will do is, I will speak with Mr. Zack. Normally, the parameters we've
worked under in the past has been no more than a hundred seventy-five thousand dollars, but
the...
Commissioner Plummer: A hundred and seventy-five thousand or a hundred and seventy-five
dollars?
Mr. Jones: A hundred and seventy-five. But keep in mind, Mr. Plummer, I'm really not so
much concerned about the hourly rate, except if they want to charge three hundred dollars,
applied against whatever their limitation is, that's up to them. But I will always, and I have
always in the past, tried to negotiate what I think to be a fair rate to the City, and normally, it's
been somewhere in the neighborhood of a hundred and seventy-five dollars, top, with one
exception.
Commissioner Plummer: Well, I have one other question. Now, Mr. Mayor, let me make sure
for the record, I am putting on my hat as a City Commissioner. I am not speaking as a member
of the board of Wynwood. As a City Commissioner, I think I have the right to ask certain
questions. It was my understanding, sorne time ago, that we were thinking about instigating a
lawsuit against them for the recovery of the demands that the City Manager has made upon
them, that they refused to even answer. Now, I would ask you at this particular time, it's fine to
be defendants in a case, but what are you doing, Mr. City Attorney, if anything, about backing up
i the demands of the Manager, written demands, that they, more or less, just laugh at and don't do
anything?
130 July 14, 1994
Mr. Cesar Odio (City Manager): Commissioner, I would prefer, if you would, we have a
pending... We met for hours with the investigators from HUD (Housing and Urban
Development).
Commissioner Plummer: I was part of that, Mr. Manager.
Mr. Odio: OK. I would prefer that we don't discuss this other parameter until we get a reading
back from them on what they're findings were.
Commissioner Plummer: All right, sir.
Mr. Jones: Commissioner, Ict me just say this. If, in fact, during the course of defending this
particular action, it's deemed prudent to move forth with any possible causes of action, we can
do it within the context of this lawsuit. So I would just issue that or say that to you, to keep that
in mind.
Commissioner Plummer: Sounds like the tail is wagging the dog, but go ahead from there.
Mayor Clark: A motion and a second. Let's move forward.
Commissioner Plummer: Go ahead, sir.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-515
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
ZACK, HANZMAN, ET AL FOR LEGAL SERVICES IN CONNECTION WITH THE
CASE OF WYNWOOD COMMUNITY, ETC. VS. CITY OF MIAMI, ET AL, DADE
CIRCUIT CASE NO. 94-12875 CA 25, IN AN INITIAL AMOUNT NOT TO EXCEED
$25,000; 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.)
July 14, 1994
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. AMEND ORDINANCE 10840, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS
DISTRICT FUND - FY 90-91 -- TO PROVIDE FOR INCREASE OF $70,000
AS A RESULT OF ADDITIONAL MONIES DUE TO SUCCESSFUL
COLLECTION OF COCONUT GROVE SPECIAL EVENTS DISTRICT
SUPPLEMENTARY USER FEE.
Mayor Clark: What was the last item we were on, Madam Clerk?
Commissioner Plummer: I think we're on 34, Mr. Mayor.
Mr. Cesar Odio (City Manager): Thirty-three, 33 was not taken up.
Ms. Matty Hirai (City Clerk): Right.
Commissioner Plummer: We did not take up 33?
Mayor Clark: Mr. Ira Clark, what is your number today?
Commissioner Plummer: Thirty-four is his.
Mayor Clark: Sir?
Commissioner Plummer: We did do 33.
Mayor Clark: Thirty-four.
Commissioner Gort: No we didn't do 33.
Commissioner Plummer: I have it marked out.
Commissioner Gort: We didn't do 33. We left at 33.
Ms. Hirai: Thirty-three now, Mr. Mayor.
Mayor Clark: Did we do 33 or not?
132 July 14, 1994
004
Ms. Hirai: We have not done...
Commissioner Gort: No, we didn't do it.
Commissioner Plummer: Thirty-three is a very simple thing, but...
A. Quinn Jones, IIi, Esq. (City Attorney): Let me read the ordinance.
Mayor Clark: Move...
Commissioner Plummer: Mr. Mayor, if I may, just for your edification, and some of my
colleagues. This is the committee which you all charged me with a couple of years ago to go
forth, and I hope you keep in mind, when people: come in here asking for tees, if they were to be
granted, the seventy thousand dollars additional improvernents would not he made. So I think
it's very important to remember that this committee has generated this amount as additional
funds.
Mayor Clark: All right. You moved it.
Commissioner Gort: You move it, I second.
Commissioner Plummer: Yeah.
Mayor Clark: Call the. roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON
FEBRUARY 14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT
FUND - FY 90-91, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE
NO. 10764, ADOPTED JULY 12, 1990, TO PROVIDE FOR AN INCREASE IN THE
AMOUNT OF $70,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE
SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR
FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION
AND SEVERABILiTY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
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.
133 July 14, 1994
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR
SALE OF "PROPERTY NO. 2," FOR THE SUM OF $6,000,000 SUBJECT 'TO
CONDITIONS -- PRESENTLY INTI NDED FOR USE AS A DIAGNOSTIC
CENTER FOR THE TRAUMA CENTER AT JACKSON MEMORIAL
HOSPITAL.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: This is a resolution. Read the resolution, will you, Mr. Quinn Jones.
A. Quinn Jones, III, Esq. (City Attorney): This is on 34?
Mayor Clark: Yes, sir.
(AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY.)
Mayor Clark: All right. I think we know this is...
Vice Mayor Dawkins: Discussion. I mean, I'll wait till somebody moves it over there.
Commissioner Gort: Move it.
Mayor Clark: Moved. Is there a second?
Vice Mayor Dawkins: Under discussion.
Mayor Clark: All right.
Commissioner Plummer: Have you got an agreement?
Mayor Clark: Go ahead, Mr. Dawkins.
Vice Mayor Dawkins: The City of Miami continues to sell off all its assets, land assets. For the
last five years, all the City of Miami does is sell land, sell land, and sell land. Eventually, there
will be nothing to sell. The other day, I told you how many properties Dade County has that's
already on the City of Miami's property, and they do not pay taxes. Jackson Memorial runs now
from 14th Street, and you're getting ready to let it run to 20th Street, from loth Avenue to 12th
Avenue, and all of that property is off' of the tax rolls. And constantly, you hear the Manager
say, "We have no money. The City of Miami is going broke." But anybody can come down
here and say they need something; for the betterment of the community, and you give it up.
When are you going to think of what's hest for the City of Miami? Mr. Manager, last year, we
had budget problems, and the Lord sent Hurricane Andrew through here.
Commissioner Plummer: Saint Andrew.
Vice Mayor Dawkins: Hurricane Andrew hailed us out, and we were able to stay afloat. I'd just
like to ask you one question. When you went to New York and you talked with the band raters,
in your presentation, did you list this six million dollars as anticipated income, or did you not list
it at all?
Mayor Clark: No, sir, I'll answer that, Commissioner Dawkins. We did not.
134 July 14, 1994
Vice Mayor Dawkins: OK. I can write to the bond counsel and ask them was it their
understanding that this was anticipated income, and you will tell me that they will write back and
tell me no?
Mr. Cesar Odio (City Manager): They will tell you that we mentioned six million dollars that
had nothing to do with this property, but it had to do with the down payment of the port project.
Vice Mayor Dawkins: Six million dollars had something to do with the port project?
Mayor Clark: Port project, yeah.
Mr. Odio: With the County. The County has to pay...
Vice Mayor Dawkins: The port project was only paying two million. You see, this is why...
Mr. Odio: I'm sorry, sir.
Vice Mayor Dawkins: OK. OK.
Mr. Odio: The port project will pay us six million dollars down payment, and two million
dollars a year thereafter. So the down payment from the port was mentioned.
Vice Mayor Dawkins: OK.
i
Mayor Clark: To my knowledge, there was nothing mentioned about sale of land. Willy, you
` were there, right?
Vice Mayor Dawkins: Somewhere along the lines, all of you are going to realize that there will
be no City of Miami, because you will have nothing with which to base a tax base, and those
areas that you consider that Mr. Clark serves so well, because they have no money, is going to he
all of Miami. I would have felt much better had you said to me, let's put this out for bid and let
Dade County bid on it. There's a need for affordable housing for people who work at Jackson
Memorial, Bascom Eye Clinic, the. Veterans Hospital, the - what? - Cedars of Lebanon. We
could have put affordable housing on that site. And I don't want Mr. Bailey to tell me that it's
not suitable for housing because of the location of the transfer station. If it's compatible for
Jackson, it's compatible for housing. I have nothing else to say.
Mayor Clark: All right. There's a motion and a second.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: I have to put something on the record.
Mayor Clark: Please do.
Commissioner Plummer: Because I was the one who negotiated. Somehow or another, from the
inception, it fell in my lap. I respect my colleague and his opinion, and I think he makes some
very fine points. But the one point that I think that is very, very important, at least it was said to
me, and for the record, I want it on the record. It would have been nice to have housing in that
area, but the critical period was the fact that this piece of property is contiguous to the trauma
center. The trauma center is desperately in need of space for a diagnostic center that must be
135 July 14, 1994
next to the trauma center. And for that reason, there was no ether place that they could go to. I
tried to talk to them about buying the old police station. It's still within the same parameters.
That was not available because of the fact that it wasn't contiguous. I think one of the things
that's important that must go on the record is that of this six million dollars, near four million of
these dollars will he to build a new state -of -the. -art motor pool, compared to what we presently
have, that is archaic and should he in the Smithsonian Institute. So I think that that, I had to get
on the record. Now, this is subject, Mr. Manager, to an agreement heiug signed by them, and we
know what that agreement is. And that as far as Urn concerned, there was one other area which
was resolved, and that is that it has to be paid in cash, all up front, and that's according to our
charter. There was no provisions for paying; it out over a period of time.
Mayor Clark: Very good.
Mr. Ira Clark: Nor was any requested.
Commissioner Plummer: No, sir, you're wrong. It was.
Mr. Clark: Not in the final analysis.
Commissioner Plummer: Not in the final, but...
Mayor Clark: Please, please, please. Mr. Gort, you have the floor.
Commissioner Plummer: ...in the original, it was, sir. OK?
Commissioner Gort: Mr. Mayor, I also would like to make some statements. Number one, that
property is already tax-exempt. Since we own the property, we don't pay tax on that. And
number two, my understanding is, the same as Commissioner Plummer, that two million dollars
are going to be utilized to upgrade the motor pool, which we'll have a brand new motor pool.
We would be able to he more efficient, and also be able to give better service to the vehicles that
we have now. And number three, with the expansion... And I live on 14th Avenue, and I utilize
that street every day, at least two or three times a day. The expansion of the Jackson, the only
thing they can do is benefit that area around there. I've seen the benefits that have taken place
north of 14th Avenue from the people that are working back out there at the Veterans Hospital,
and they work at the other hospitals, they all live.... Many of those people live in that area. The
expansion in that area, I think there would he an economic development north of the area, and
that's one of the reasons why I'm in favor of it. Also, my understanding is, Mr. Manager, the
surplus is going to be utilized for the fund balance and it's not to be used. Am I correct?
Mr. Odio: Yes, sir. Yes, sir.
Mr. Gort: That's why I second the motion.
Commissioner Plummer: And one of the important things, if you're not aware, the fund balance
takes a four -fifths vote of this Commission...
j Mr. Gort: Correct.
Commissioner Plummer: ... to take any of those monies out.
Mayor Clark: You know, it's strange how that hospital ever got there, and who it used to belong
to. In 1948, when you drove across 12th Avenue, it stopped right at 11 th Street, and all that was
a beautiful golf course.
136 July 14, 1994
a
Commissioner Gort: I remember the golf course.
Mayor Clark: Yeah. That was a golf course. So what happened, the City gets involved in
giving up the hospital, because it was a Countywide use, and not just purely Citywide...
Commissioner Plummer: Miami Country Club.
Mayor Clark: ... and trade - no, no, and it was Miami Country Club - and traded the land for the
land out at Melrecsc and Grapeland Heights Park, that whole quarter of a section or half a
section. That's the way it all started. And I think the City wound up OK, and I think the County
wound up OK. Call the roll, Madam Clerk.
Commissioner Plummer: Mr. Mayor, there's only one question I have to ask. Mr. Manager, for
their sake as well as ours, is there a time frame in there, how fast they will take over this
property? Because we've got to get that other motor pool built first.
Mr. Odio: I need to... We'll work it out with them and... We know we need quite a few time.
We have... The consultant that you approved is doing the work for the new layout.
Commissioner Plummer: OK. But in other words, it's understood that we cannot vacate and
turn that property over until our new motor pool is in effect.
Mr. Clark: That's correct.
Mr. Odio: We will move out as fast as we can.
Mr. Clark: We agree.
Commissioner Plummer: Fine.
Mayor Clark: Roll call, Madam Clerk.
Commissioner Plummer: And the other area, Mr. Manager.
Vice Mayor Dawkins: One question before you call the roll, and I'll be finished. You did not
tell the people, the bond people that this six million dollars was figured in, factored into the
budget, but you did tell them that anticipated revenue from the port was factored into the budget.
Mayor Clark: We had not gone into any...
Vice Mayor Dawkins: Mr. Mayor, Mr. Mayor! Please, let me get the answers from the
Manager, please, Mr. Mayor!
Mayor Clark: Well, hell, I was there.
Vice Mayor Dawkins: Yeah, but lie's the Manager. I mean, I cannot argue with you. I can
argue with him.
Mr. Odio: Thank God that the Mayor and the Commissioner were there, but we never
mentioned anything about factoring in the budget. We did say that we hope that next year's fund
balance would go up to ten million dollars by having the port project approved...
Vice Mayor Dawkins: Madam Clerk, provide me with a copy of the minutes of what was said
here as quickly as you can, please. Thank you.
137 July 14, 1994
004
Mayer Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-516
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREENIF,NT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH METROPOLITAN DADS COUNTY, FOR THE SALE OF
"PROPERTY NO. 2" (AS DESIGNATID IN "ATTACHMENT NO. V ATTACHED
HERETO AND MADE; A PART HEREOF AND AS MORE PARTICULARLY
DESCRIBED IN THE AGREEMENT), I OR TEIE SUM OF SIX MILLION DOLLARS
($6,000,000), TO BE PAID AS MORE PARTICULARLY SETFORTH HEREIN AND
SUBJECT TO CONDITIONS CONTAINED HEREIN INCLUDING THOSE
AFFECTING THE JACKSON MEMORIAL FOUNDATION AND TO PROVISIONS
RELATED TO POTENTIAL ENVIRONMENTAL, CLEAN-UP COSTS; FURTHER
REQUIRING THAT, IN THE EVENT THE CITY RESOLVES TO SELL THE
PROPERTIES DESIGNATED AS "PROPERTY NO. 3" AND "PROPERTY NO. 4" IN
"ATTACHMENT NO. 1," (ATTACHED HERETO AND MADE A PART HEREOF
AND AS MORE PARTICULARLY DESCRIBED IN SAID AGREEMENT), THE
CITY OF MIAMI SHALL OFFER METROPOLITAN DADE COUNTY THE RIGHT
OF FIRST REFUSAL FOR A PERIOD NOT TO EXCEED TEN (10) YEARS FROM
THE DATE OF EXECUTION OF SAID AGREEMENT.
(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.
NOTE FOR
THE
RECORD:
At this point, Commissioner Gort
introduces
atiana
ort, his
aughter, to the Commission.
138..'
July 1-4, 19.94 -
W
W
----------------------------------------------------------------------------------------------------------------
39. DIRECT CITY ATTORNEY TO INITIATE CONDEMNATION
PROCEEDINGS TO ACQUIRE FEE SIMPLE TITLE TO REAL PROPERTY
AT 823, 829, 833 AND 841 N.W. 2 AVENUE -- ENGAGE LAW FiRM OF
WiLLI/1 MS AND CLYNE TO REPRESENT'I HE CITY.
Mayor Clark: Item 36.
Commissioner Plummer: I have a ... I'll move it, Mr. Mayer, but I have a question.
Mayor Clark: Well, we all usually do. Let's go. Give it to me.
Commissioner Plummer: Mr... Who is Williams and Clyune Attorney? Why are they built into
this thing? Who are they? I mean, we're engaging the law firm of Williams and Clyne. Who
are they? Item 36.
A. Quinn Jones, III, Esq. (City Attorney): that I did, I guess, when this whole subject was
initiated, Mr. Plummer and Commissioners, what I tried to do is find... search around for firms
that had experience...
Commissioner Plummer: That's really not my question.
Mr. Jones: OK.
Commissioner Plummer: Why are we going outside to have a simple closing?
Mr. Jones: Because... OK, let me tell you this. What it is, we presently don't have the expertise
in-house to deal with condemnation proceedings. It's a very specialized area, and it necessitates,
again, obtaining an outside firm to handle it.
Commissioner Plummer: How much?
Mr. Jones: Well, right now, I don't know, because it's not as simple as placing a dollar amount.
Mr. Jack Luft: It's payable by the grant.
Commissioner Plummer: Huh?
Mr. Luft: It's payable by the grant. Attorney's fees are part of the cost.
Commissioner Plummer: Have you negotiated a fee?
Mr. Jones: No. What, you know... What has happened, Commissioner, and what, I guess, given
the short time parameters that we were on, I have not had an opportunity to sit down and work
out a fee with them. What I will do, it' a fee can be negotiated, if not, certainly, I will come back
and tell you, you can authorize an amount not to he exceeded, whatever else. I should also tell
you that the City would he responsible for paying the attorney's fees for the property owners, the
owners of the property that we're going after. Again, it's my understanding that those fees can
be recouped through the acquisition cost, but in any event, I will keep you apprised, and I will
seek authorization on whatever it will cost for your approval.
139 July 14, 1994
ka
Commissioner Plummer: Haw many attorneys do you have in your office?
Mr. Jones: I have twenty-two assistants.
Commissioner Plummer: Welcome to budget time.
Mayor Clark: All right. Is there a motion? Is there a motion?
Commissioner Plummer: Move.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-517
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS TO ACQUIRE
FEE SIMPLE TITLE TO REAL PROPERTY LOCATED AT 823 NORTHWEST 2ND
AVENUE, 829 NORTHWEST 2ND AVENUE, 833 NORTHWEST 2ND AVENUE,
AND 841 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); DECLARING SAID ACQUISITION TO
BE A PUBLIC NECESSITY PURSUANT TO SECTION 163.3 750, FL,ORIDA
STATUTES, ENTITLED THE "COMMUNITY REDEVELOPMENT ACT OF 1969"
AND THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN;
FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE ALL STEPS
NECESSARY TO ACQUIRE SAID PROPERTY, INCLUDING ENGAGING THE
LAW FIRM, OF WILLIAMS AND CLYNE TO REPRESENT THE CITY OF MIAMI
IN SAID CONDEMNATION PROCEEDINGS, SAID ACQUISITION SUBJECT TO
RECEIPT OF FUNDS THROUGH A FEDERAL URBAN INITIATIVES GRANT
FROM THE URBAN MASS TRANSIT ADMINISTRATION.
(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.
NOTE FOR THE RECORD: At this point, (3:31 p.m.)
Commissioner Vice De Yurre exited the Commission Chamber.
140 July 14, 1994
MW
----------------------------------------------------------------------------------------------------------------
40. DISCUSSION CONCERNING PROPOSED MODIFICATION TO PROPOSED
CHARTER AMENDMENT NO. 1 TO BE PRESENTED TO THE VOTERS AT
A SPECIAL CITY OF MIAMI ELECTION PRESENTLY SCI-IEDULED FOR
NOVEMBER S, 1994, CONCERNING UNIFIED DEVELOPMENT
PROJECTS.
Mayor Clark: Item 37.
Commissioner Plummer: This is on the UDP (Unified Development Project)
Mayor Clark: Yeah.
Commissioner Plummer: Mr. Mayor, I'll move it.
Mayor Clark: Let's move it, let's keep moving.
Commissioner Plummet You know, I have no problem with submitting it to the electorate, and
they'll make the decision.
Mr. Herb Bailey: Good.
Commissioner Plummer: The only question that was raised by someone - I forget who it was -
was, rather than answering just. to the Administration, that they should answer to the
Administration, as well as to the City Commission, Well...
Mr. Bailey: We have it to the City Commission.
Commissioner Plummer: Excuse me?
Mr. Bailey: We have the decision being made by the City Commission. We have given,
hopefully, the power hack to the City Commission to make these decisions, along with the
Manager's recommendations.
Commissioner Plummer: Well, the only question that I have, you know, we got ourselves in a
jam, and I think Miller will remember very well, with the UDP process, if I remember correctly
what happened to us with Merrill Stevens, that we either had to accept the recommendation of
the City Manager. Is that the process that was used on Merrill Stevens?
Mr. Bailey: The recommendation of the City... Tile Manager recommended the Merrill Stevens
in the first three...
Commissioner Plummer: Yeah, but we had no choice. You remember?
Mr. Bailey: That's correct.
Commissioner Plummer: It placed us in a position where we had no choice to go back and even
talk. It either went through the City Manager, or you had to throw everything out. And I think
that's why we've got this thing before us, because it gave the lati... It gave the City Commission
no latitude, whatsoever, to negotiate. And I want that written into this thing, because that was
the whole reason that we're talking about changing the charter.
141 July 14, 1994
k
Mr. Bailey: That will do this.
Commissioner Plummer: Excuse me?
Mr. Bailey: This is what these changes will do.
Commissioner Plummer: In other words, we are not bound by the City Manager's
recommendation.
Mr. Bailey: That is correct.
Commissioner Plummer: OK. And the City Commission has the right to negotiate a UDP...
Mr. Bailey: Yes.
Commissioner Plummer: ... without having to throw out the whole ball of wax.
Mr. Bailey: That is correct.
Commissioner Plummer: In this thing here.
Mr. Bailey: Yes.
Commissioner Plummer: OK.
Mayor Clark: It's been moved and seconded. Call the roll.
Commissioner Plummer: And it will be answerable...
Ms. Linda Kearson (Assistant City Attorney): Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes.
Ms. Kearson: There will be one change made to this Charter amendment, in that we were
suggesting that we add another function to the UDP process, pertaining to design and
construction. However, the Florida Statute 287 provides for a procedure for that type of function.
So there will be no need to have that in this Charter amendment.
Mayor Clark: Whatever.
Commissioner Plummer: Do we have the wording of the actual amendment?
Mr. Bailey: Yes.
Ms. Kearson: Of the actual ballot, yes. But that, too, will be modified to reflect that we are
deleting that new function of planning, design and construction.
Commissioner Plummer: OK. So we will then have back to us for filial approval...
Ms. Kearson: On the 26th, sir.
Commissioner Plummer: ... the actual wording for the ballot.
142 July 14, 1994
Ms. Kearson: That's correct.
Mr. Bailey: That's correct.
Commissioner Plununer: OK.
Ms. Kearson: On the 26th of this month, we're going to bring it back to you.
Commissioner Plummer: OK. Fine. Thank you.
Mayor Clark: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-518
A MOTION TO DEFER TO THE MEETING OF JULY 26, 1994, AGENDA ITEM 37
(PROPOSED RESOLUTION APPROVING AND SUBMITTING TO ELECTORATE
PROPOSED CHARTER AMENDMENT NO. I TO AMEND THE UDP PROCESS IN
VARIOUS ASPECTS; AUTHORIZING CiTY MANAGER TO AMEND CONTRACTS
IMPROVING AND DISPOSING OF CITY PROPERTY UNDER CERTAIN
CONDITIONS: ELIMINATE PRESI_,NT REQUIREMENT FOR OBTAINING A
MINIMUM OF THREE PROPOSALS FOR A PROJECT TO IMPROVE AND
DISPOSE OF CITY OWNED OR TO BE ACQUIRED PROPERTY AND THE
REFERENDUM REQUIREMENT 1'OR APPROVAL OF SAID PROJECT, ETC.; SAID
CHARTER AMENDMENTTO BE OFFERED AT A SPECIAL MUNICIPAL
ELECTION PRESENTLY SCHEDULED FOR NOVEMBER K, 1994; ETC.;
FURTHER STIPULATING THIS ITEM IS BEING DEFERRED FOR THE
INSERTION OF CERTAIN MODIFICATIONS AS MORE FULLY OUTLINED BY
THE CITY COMMISSION ON THIS DATE.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner De Yurre requested of the Clerk to be shown in
agreement with the motion.
t
---------------------------------`--------------------------------------------------------------------
41. APPROVE FISCAL YEAR 1993-94 BUDGET FOR SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT TAX
INCREMENTTRUST FUND.
-------------------------------------------------------------------------------------------------------------
Mayor Clark: On the next item, on 38, a vote was never recorded.
Commissioner Pli11111ner: Thirty-eight, I'll move it.
Mayor Clark: It's been seconded. Call the roll.
I
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-519
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE FISCAL YEAR
1993-94 BUDGET FOR THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT TAX INCREMENT TRUST FUND, ATTACHED
HERETO AND MADE A PART HEREOF; DIRECTING THE CITY MANAGER TO
INITIATE THE NECESSARY STEPS TO OBTAIN APPROVAL OF SAID BUDGET
FROM THE METROPOLITAN DADE COUNTY BOARD OF COUNTY
COMMISSIONERS.
(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
----------------------------------------------------------------------------------------------------------------
42. ACCEPTANCE OF DONATION TO THE CITY OF VACANT REAL
PROPERTY LOCATED AT 1204 N.W. 31 STREET, MIAMI, FLORIDA, IN
THE ALLAPATTAH COMMUNITY TARGET AREA. (Note: The essence of
the herein Resolution was contained in R-94-385, previously adopted at the
meeting Oi'June 9, 1994.)
Mayor Clark: Item number 39.
Commissioner Plummer: I'll move it with a question.
Mayor Clark: Let's go. What's his...
Commissioner Pluunmer: If it's a donation, what is this ten thousand dollars?
Mr. Jeff Hepburn: The, ten thousand dollars will he used to basically pay outstanding taxes, and
recording fees, and secure title insurance for the City.
Commissioner Plummer: So what you're doing is you're letting the people off the hook.
Mr. Hepburn: No. This property... Well, we're getting it at a bargain. This property was
assessed, I think, at twenty-two thousand dollars. We're getting it for ten.
Commissioner Plummer: Listen to me. If you didn't take the donation, they would... we would
foreclose, and we wouldn't have to pay anything.
Mr. Hepburn: There's a possibility we could have.
Commissioner Plummer: And we wouldn't have to pay anything; am I correct?
Mr. Hepburn: The taxes still would have had to be paid.
Commissioner Plummer: Why?
Mr. Hepburn: In my judgment. Am I correct, Quinn?
Commissioner Plummer: Paid to who?
Mr. Hepburn: The County. We still would have to pay the taxes.
Commissioner Plummer: OK.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: It's not my idea of a donation.
Commissioner Gort: My understanding was we were waiving the fines for about eight thousand
dollars, seven thousand dollars, seventy-five hundred dollars. That was my interpretation of the
reading.
145 July 14, 1994
Mr. Hepburn: Yeah, there's outstanding taxes, we're going to have to get title insurance to
insure title...
Commissioner Gort: Right.
Mr. Hepburn: ... and recording fees.
Commissioner Gort: But my understanding, eighty percent of the funds was for money that was,
in fines placed by us.
Mr. Hepburn: Repeat that, Commissioner.
Commissioner Gort: My understanding and interpretation, if I'm correct, is that eighty percent
of the money is owed to us because of fines.
Mr. Hepburn: It would come to the. City, that's correct. There's some... Certain portions of the
taxes, and liens would he coming into the City's general fund.
Commissioner Gort: My question is...
Mr. Hepburn: Utilizing federal funds.
Commissioner Plummer: Now, what is the City going to do with the property?
Mr. Hepburn: We're going to build a new single-family home on that property and sell it to a
homeowner.
Mayor Clark: All right.
Mr. Hepburn: It's going to go back on the tax rolls. It's going to generate additional taxes.
Mayor Clark: Call the roll, Madam Clerk.
DOTE FOR THE RECORD: VOTE TAKEN AT THIS POINT
REAFFIRMED TION AT THE MEETING OF JUNE
9, 1994. SEE LABEL R-94-385.1.
AYES:
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
None.
Commissioner Victor De Yurre
146 July 14, 1994
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: If you guarantee me it's not a Saint Hugh's kind of an operation, I'll
vote yes.
COMMENTS MADE AFTER ROIL CALL:
Commissioner Plummer: Speaking of Saint Hugh's, do we know what's happening there? I
thought something was going to be...
Mayor Clark: Let's don't (yet involved in it yet, J.L. Let's get this agenda done. Item 41.
Commissioner Plummer: All right. I'll make it for, you know...
Mayor Clark: Item 41.
Commissioner Plummer: Because every week, the price goes up. I want to get something done.
43. APPROVE ADDENDA TO GUIDELINES OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUND SINGLE FAMILY
REHABILITATION LOAN PROGRAM AND AUTHORIZE
IMPLEMENTATION OF POLICE OFFICER / PUBLIC SERVICE AIDES
REHABILITATION LOAN PILOT PROJECT AND PUBLIC WORKS /
RIGHT-OF-WAY IMPROVEMENTS PILOT PROJECT. (L,:rter modified -- See
label 60)
Mayor Clark: Item 41.
Commissioner Plummer: I'll move 41.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-521
A RESOLUTION, WITH ATTACHMENT(S), APPROVING ADDENDA TO THE
GUIDELINES OF THE COMMI.)NITY DEVELOPMENT BLOCK GRANT FUND
SINGLE FAMILY REHABILITATION LOAN PROGRAM, ATTACHED HERETO
AND MADE A PART HEREOF, AND AU'ITIORI'LING THE IMPLEMENTATION OF
THE POLICE OFFICER/PUBLIC SERVICF_, AIDES REHABILITATION LOAN
PILOT PROJECT AND THE PUBLIC WORKS/RIGHT-OF-WAY IMPROVEMENTS
PILOT PROJECT, IN ACCORDANCE WITH SAID GUIDELINES.
(Here follows beady of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
44. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TO
ESTABLISH PROPOSED MILLAGE RATE. OF .5 MILLS FOR DOWNTOWN
DEVELOPMENT DISTRICT, FOR FISCAL, YEAR OCTOBER 1, 1994 -
SEPTEMBER 30, 1995.
Mayer Clark: Item 42. Is there a second?
Commissioner Gort: Second.
Commissioner Plummer: DDA.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-522
A RESOLUTION AUTHORIZING THE. DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF .5
MILLS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT OF THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL, YEAR BEGINNING OCTOBER 1,
1994, AND ENDING SEPTEMBER 30, 1995; AND AUTHORIZING
COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE DADE
COUNTY TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE
OF THE PUBLIC HEARINGS AT WHICH THE CITY COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE
BUDGET FOR SAID FISCAL YEAR.
(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 fallowing 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.
149
----------------------------------------------------------------------------------------------------------------
45. AUTHORIZE TRANSFER OF $350,000 TO DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) FROM GENERAL FUND AS ADVANCE PAYMENT
OF AD VALOREM `FAXES TO BE RECEIVED FROM METROPOLITAN
DADE COUNTY BEFORE END OF 1994-95 FISCAL YEAR.
Mayor Clark: Item number 43.
Commissioner Gort: Second.
Mayor Clark: Is there a "43"?
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-523
A RESOLUTION AUTHORIZING THE PHASED TRANSFER OF THREE
HUNDRED FIFTY THOUSAND DOLLARS (.$350,000) TO THE DOWNTOWN
DEVELOPMENT AUTHORITY ("DDA") FROM THE GENERAL FUND AS AN
ADVANCE PAYMENT OF AD VALOREM TAXES TO BE RECEIVED FROM
METROPOLITAN DADE COUNTY BY THE CITY OF MIAMI ON BEHALF OF
THE DDA BEFORE THE END OF THE 1994-1995 FISCAL YEAR, WITH INTEREST
TO BE PAID TO THE CITY OF MIAMI, AT THE RATE OF SIX PER CENT (h%)
PER ANNUM.
(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.
NOTE FOR THE RECORD: At this point, agenda item 44 was
withdrawn.
150 July 14, 1994
----------------------------------------------------------------------------------------------------------------
46. AUTHORIZE CITY MANAGER TO ENTER INTO LICENSE AGREEMENT
WITH GRAN CENTRAL CORPORATION (GCC) FOR THE RIGHT TO
CONSTRUCT/ INSTALL. / MAINTAIN NINE POLES AND STREET LIGHTS
ALONG N.W. 1 AVI NLIE BETWEEN N.W. H AND .5 STREETS.
-------------------- •---------------------------------------------------------------------------------------------
Mayor Clark: Item 45.
Commissioner Plummer: Forty-five, move it.
Mayor Clark: Is there a second? With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-524
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN GRAN CENTRAL CORPORATION (GCC)
AND THE CITY OF MIAMI FOR THE RIGHT AND PRIVILEGE TO CONSTRUCT,
INSTALL AND MAINTAIN NINE POLES AND STREET LIGHTS LOCATED
ALONG NORTHWEST 1ST AVENUE BETWEEN NORTHWEST RTH STREET
AND NORTHWEST .5TH STREET, MIAMI, FLORIDA.
(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:
ABSENT:
None.
None.
July 14, 1994
C
i
----------------------------------------------------------------------------------------------------------------
47. AUTHORIZE CONTINUED FINANCING OF PROTRACTED / COMPLEX
INVESTIGATIONS -- ALLOCATE $350,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
-------------------------------..--------------------------------------------------------------------------------
Mayor Clark: Item numher 46.
Commissioner Plummer: On 46, Mr. Mayer, I would ask that this money he afforded to the
Police Department for these investigations. Once they are completed, they will report back to
i this Commission how much was used, and what it was used for. Absolutely, after everything is
! said and done.
Mayor Clark: All right. Fine. With no exception, cast a unanimous hallos.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-525
A RESOLUTION AUTHORIZING THE CONTINUED FINANCING OF
PROTRACTED, COMPLEX INVESTIGATIONS, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $350,000, FROM THE CITY OF
MIAMI LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX
CODE 029002-247, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE 932.7055.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
July 14, 1994
----------------------------------------------------------------------------------------------------------------
48. AUTHORIZE FUNDING OF MIAMI POLICE COPS AND KIDS ATHLETIC
DRUG DIVERSIONARY PROGRAM -- ALLOCATE, $133,079 FROM LAW
ENFORCEM ENT TRUST FUND (LE-TF)
------------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 47.
Commissioner Plummer: Forty-seven, cops and kids.
Commissioner Gort: Kids athletic drugs...
Mayor Clark: Is there a motion,
Commissioner Plummer
: Do we know anything about this program, Joe? I've never heard of it
before, and it's anawful lot of money.
Lt. Joseph Longueira: Sir, this is the boxing, athletic program.
Commissioner Plummer: OK. I spoke with the Chief about this this morning. You know my
concern. My concern is that no sworn officers are involved in this program. I think...
Mr. Cesar Odio (City Manager): It's part of the. Parks and Recreation...
-
Commissioner Plummer: Mr. Manager, the Police Department can have their program of
boxing. I think i ' t's agreat community service, but no sworn officers dedicated to that program,
nor PSAs (Public Service Aide). If that was the case, I have no problem. If it is not the case,
then I want it to come back.
Mayor Clark: All those in favor, signify by saying "aye." Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-526
A RESOLUTION AUTHORIZING THE FUNDING OF THE MIAMI POLICE COPS
AND KIDS ATHLETIC DRUG DIVERSIONARY PROGRAM, IN AN AMOUNT
NOT TO EXCEED $133,079; ALLOCATING FUNDS THEREFOR FROM THE CITY
OF MIAMI LAW ENFORCEMENTTRUST FUND, PROJECT NO. 690001, INDEX
CODE 029002-247, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055,
July 14,19.94
(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
I
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
49. ACCEPT BID: M. VILA AND ASSOCIATES, INC. ($818,687 TOTAL
CONTRACT COST PLUS $145,615 ESTIMATED EXPENSES) -- FOR
PROJECT: MORRIS PARK STORM SEWER RETROFITTING PHASE II B-
5611. -- ALLOCATE FUNDS FROM CIP 342280 -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 48. Item 48.
Commissioner Plu nmer: Forty-eight, I'll move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: With no exception, you can case a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-527
A RESOLUTION ACCEPTING THE BID OF M. VILA AND ASSOCIATES, INC., IN
THE PROPOSED AMOUNT OF $818,687.00, TOTAL BID OF THE PROPOSAL, FOR
THE PROJECT ENTITLED "MORRIS PARK STORM SEWER RETROFITTING
PHASE II B-5611 "; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 352280, AS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF $818,687.009, TO
COVER THE CONTRACT COST AND $145,615.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL PROJECT COST OF $964,302.00; AND
I AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
154 July 14, 1994
i
i
r
is
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.l. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------------------------------- ------------------------------------------------------------------
50. BRIEF DISCUSSION SEEKING CLARIFICATION FROM CITY MANAGER
AS TO WHETHER THE CITY WOULD NEED TO ISSUE STORM SEWER
BONDS -- MANAGER ASSURES COMMISSION CITY DOES NOT NEED
TO GO AFTER SAID BONDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I think it's about time that after this morning... Mr.
Manager, with elections coming up, and all of the rest of these things, where do we stand, our
City, as far as storm sewer honds? Are we running out of money? Should we be talking about
j' the possibility of more monies for... You know, because the people of this community, Bell
Meade people, I'm sure, came to see all of us today. And they're very upset about the fact that
there might not be enough money. Should we he considering for the upcoming election, a bond
program to make sure that we can complete our programs?
Mayor Clark: Wally, answer that question.
Mr. Cesar Odio (City Manager): Because of the storm water fees that we instituted... It's the
only City in the country that instituted that about four years or five years ago, we don't need to
go after that bond.
Commissioner Plummer: Thank you, sir.
I
{
i
END OF DISCUSSION -- NO ACTION TAKEN
i
155 July 14, 1994
------------------------------ --------------------------------------------- -------------------------------------
51. ACCEPT BID: F & L CONSTRUCTION, INC. ($368,000 TOTAL CONTRACT
COST, PLUS ESTIMATED EXPENSES OF $57,453) -- FOR PROJECT:
DOWNTOWN STREET IMPROVEMENTS - SIDEWALK REBUILDING
(IMPACT FEE PROJECT) B-4570 -- ALLOCATE FUNDS FROM CIP
341135 -- EXECUTE CONTRACT.
Mayor Clark: All right. Item number 49.
Commissioner Plummer: Music to my ears. Move it, Mr. Mayor.
Mayor Clark: Seconded. Cast a unanimous ballot on the sidewalk contract.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-528
A RESOLUTION ACCEPTING 'I HE BID OFF & L CONSTRUCTION, INC., IN THE
PROPOSED AMOUNT OF $368,800.00, TOTAL BID OF THE PROPOSAL, FOR THE
PROJECT ENTITLED "DOWNTOWN STREET IMPROVEMENTS - SIDEWALK
REBUILDING (IMPACT FEE PROJECT) B-4570"; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 341135, AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED, IN
THE AMOUNT OF $368,800.00, TO COVER THE CONTRACT COST AND
$57,453.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $426,253.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: Nnnr
July 14, 1994
---------------------------------------------------------------"
-----------------------------------------------
52. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. ($1.51,360
CONTRACT COST PLUS $25,673 FOR ESTIMATED EXPENSES) -- FOR
PROJECT: LITTLE HAVANA SIDEWALK REBUILDING (IMPACT FEE
PROJECT) B-4567 -- ALLOCATE_, FUNDS FROM CIP 341198 -- EXECUTE
CONTRACT.
------------------------------------------------------------••---------------------------------------------------
Mayor Clark: Item 50, same thing. Is there a motion'?
Commissioner Plummer: Move it.
Mayor Clark: Moved. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-529
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $151,360.00, TOTAL
BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "LITTLE HAVANA
SIDEWALK REBUILDING (IMPACT FEE PROJECT) B-4.567; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 341198, AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED, IN
THE AMOUNT OF $151,360.00, TO COVER THE CONTRACT COST AND
$25,673.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $177,033.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
fCommissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
157 July 14, 1994
W
----------------------------------------------------------------------------------------------------------------
53. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. ($344,500
TOTAL CONTRACT COST PLUS $53,902 IN ESTIMATED EXPENSES) --
FOR PROJECT: SILVER BLUFF STREET IMPROVEMENTS - SIDEWALK
REBUILDING (IMPACT FEE PROJECT) B-4569 -- ALLOCATE FUNDS
FROM CIP 341 121 -- EXECUTE CONTRACT.
---------------------------------------------------------•-------------------------------------------------------
Mayor Clark: Item number 5l .
Commissioner Gort: Move it, the sidewalks.
Mayor Clark: Sidewalks. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-530
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $344,.500.00, TOTAL
BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "SILVER BLUFF
STREET IMPROVEMENTS - SIDEWALK REBUILDING (IMPACT FEE PROJECT)
B-456911; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 341121, AS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
11139, AS AMENDED, IN THE AMOUNT OF $344,500.00, TO COVER THE
CONTRACT COST AND $53,902.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $398,402.00; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
W
---------------------------------------------------------------------------------------------------------------
54. ACCEPT BID: LEWIS GREEN CONSTRUCTION, INC. ($153,980 TOTAL
CONTRACT COST PLUS $26,O80 IN ESTIMATED EXPENSES) -- FOR
PROJECT: FLAGAMI SIDEWALK REBUILDING (IMPACT FEE PROJECT)
B-4566 -- ALLOCATE FUNDS FROM CIP 341199 -- EXECUTE., CONTRACT.
Mayor Clark: Item numher 52.
Commissioner Gort: Sidewalk, Flagami. Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot. Item 53.
Commissioner Plummer: Wait a minute. Let me back up to 52. Mr. Manager, we're spending a
hundred and fifty-three thousand for sidewalks, and yet, I see City crews all over doing
sidewalks. Why are we going, suddenly, outside to do them?
Mr. Wally Lee: City crews are not doing sidewalks, sir.
Commissioner Plummer: They're now out of that business?
Mr. Lee: Yes, sir.
Mr. Cesar Odio (City Manager): Yeah. We have a contract.
Mr. Lee: Except on an emergency basis, because we don't... We have a very limited crew right
now, Commissioner.
Commissioner Plummer: OK. And how many bids did you receive on this?
Mr. Lee: On this particular one, Commissioner, we received eight bids.
Commissioner Plummer: The high and the low, please, of the bids.
Mr. Lee: The low was one fifty-three, nine eighty all the way up to one hundred and ninety-
eight thousand.
Commissioner Plummer: Thank you.
Mayor Clark: The estimate was two hundred thousand.
Commissioner Plummer: Yeah. Oh, it's amazing, the diversity.
Mayor Clark: Fifty-three... Cast a unanimous ballot on that, Madam Clerk.
159 July 14, 1994
r�rr.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-531
A RESOLUTION ACCEPTING '1'LTE BID OF LEWIS GREEN CONSTRUCTION,
INC. IN THE PROPOSED AMOUNT OF $153,980.00, 'TOTAL BID OF THE
PROPOSAL, FOR Till" PROJECT' ENTITLED "FLAGAMI SIDEWALK
REBUILDING (IMPACT I'EE PROJECT) B-4566"; ALLOCATING FUNDS
THEREFOR FROM CAPITAL, IMPROVEMFNT PROJECT NO. 341199, AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED, IN
THE AMOUNT OF $153,980.00, TO COVER THE CONTRACT COST AND
$26,080.00 TO COVER 'TILE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $180,060.00; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, emitted 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.
----------------------------------------------------------------------------------------------------------------
55. ACCEPT BID: MARIN & MARIN CONSTRUCTION, INC. ($290,253 TOTAL
CONTRACT COST PLUS $23,220.24 IN ESTIMATED EXPENSES) -- FOR
PROJECT: MARINA IMPROVEMENTS - MIAMI YACHT CLUB H-1068 --
ALLOCATE FUNDS FROM CIP 311808 -- EXECUTE CONTRACT.
Mayor Clark: Fifty-three.
Mr. Wally Lee: Fifty-three is awarding a contract for the marina improvements at the Miami
Yacht Club.
Mayor Clark: All right.
Commissioner Plummer: Move it.
Mayor Clark: Is there a motion?
Commissioner Plummer: Moved it.
isi]
July 14, 1994
Commissioner Gort: Second.
Mayer Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-532
A RESOLUTION ACCEPTINGTHE HE BID OF MARIN & MARIN CONSTRUCTION,
INC. IN THE PROPOSED AMOUNT OF $290,253.00, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED "MARINA IMPROVEMENTS -
MIAMI YACHT CLUB I1-1068: ALLOCATING FUNDS THEREFOR AS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11139, AS AMENDED,
FROM CAPITAL IMPROVEMENT PROJECT NO. 311808, IN THE AMOUNT OF
$282,753.00, AND PROJECT NO, 311820, IN THE AMOUNT OF $7,500.00 TO
COVER THE CONTRACT COST AND $7,000.00 TO COVER THE
CONSTRUCTION INSPECTION, FOR AN ESTIMATED TOTAL COST OF
$297,253.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
July 14, 1994
----------------------------------------------------------------------------------------------------------------
56. AUTHORIZE INCREASE IN CONTRACT (NOT TO EXCEED $43,000) WITH
HORIZON CONTRACTORS, INC. -- FOR PROJECT: OVERTOWN
COMMUNITY DEVELOPMENTSTREET IMPROVEMENT -PHASE ONE 13-
4553 -- ALLOCATE FUNDS FROM C:,IP 341181.
Mayor Clark: Fifty-four.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: With no exception, cast a unanimous ballot on 54.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-533
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN
AMOUNT NOT TO EXCEED $43,000,00, BETWEEN THE CITY OF MIAMI,
TRACTORS, INC., DATED JANUARY 13, 1994,
FLORIDA, AND HORIZON CON
FROM $64,5.55.42 TO $107,555.42 FOR THE PROJECT ENTITLED "OVERTOWN
COMMUNITY DEVELOPMENT STREET IMPROVEMENT -PHASE ONE B-4553";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341181, AS
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11139;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE CITY
COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
I Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
f
162 July 14, 1994
}
}
NOTE FOR THE RECORD: At this point, Agenda item 55 was
tabled to be heard at 5:00 p.m.
Mayor Clark: Fifty-five... Overtown development.
Commissioner Plummer: Commissioner Dawkins.
EMayor Clark: That's at five?
Mr. Cesar Odio (City Manager): We had this set for five.
Mayor Clark: What, the development phase?
Mr. Odio: He wanted to discuss the contract for Hadley Park Pool.
mmunity Development Street Improvement, phase
Mayor Clark: No, no. This is Overtown Co
one. Fifty-four, did we vote on that?
Mr. Odio: On 54, you did...
Commissioner Plummer: We've already done that.
Commissioner Gort: We've already done that. We're on 55.
Mr. Odio: Sorry, I was referring....
Mayor Clark: It takes four -fifths vote. Did we have that?
Ms. Matty Hirai (City Clerk): I am sorry, sir. What did you say?
Mayor Clark: This is a... On item 54, did it take four -fifths vote?
Ms. Hirai: Fifty-four, Plummer/Dawkins, and it you said cast a unanimous ballot.
Mayor Clark: All right.
Commissioner Plummer: Right.
Ms. Hirai: Yes.
Mayor Clark: Fifty-five.
Commissioner Plummer: You can't do that until after five o'clock.
i
{ Mayor Clark: Five o'clock. All right. Fifty-six.
Commissioner Gort: Same.
Commissioner Plummer: That's the same. Anything after 55, right?
Mayor Clark: All right. How about 58?
163 July 14, 1994
AWN
Commissioner Plummer: Can we do 58?
Commissioner Gort: Fifty-eight is...
Mayor Clark: Fifty-eight is a decision of the Historic Environmental Board on 57th Street.
Commissioner Plummer: Fifty-eight is all that up there in the northeast.
Ms. Hirai: Five of five.
Commissioner Plummer: Fifty-eight, 59.
----------------------------------------------------------------------------------------------------------------
57. (A) INQUIRY OF THE CITY MANAGER CONCERNING RECENT
PROPOSAL BY METRO COMMISSIONER ART TEELE THAT THE
CITY AND COUNTY JOIN HANDS IN CONNECTION WITH THE
OVERT'OWN PARK WEST DEVELOPMENT PROJECT --
MANAGER SEEKS COMMISSION DIRECTION AS TO WHETHER
THE COMMISSION IS INTERESTED IN CITY'S PROPOSAL --
COMMISSION REQUESTS FULL INFORMATION CONCERNING
ISSUE BEFORE FINAL DECISION IS MADE.
(B) BRIEF COMMENTS CONCERNING THE ST. HUGH OAKS
PROJECT.
Mayor Clark: What is the - for my edification - what is the status, Mr. Manager, of the County
getting in the Overtown Park West Development Project? What are they trying...
Mr. Cesar Odio (City Manager): They passed... In the last Commission meeting of the County,
they passed a resolution presented by Commissioner Art Teele, proposing the new
redevelopment agency for Overtown and Park West. We have one hundred and eighty days to
reply, if we agree. We have to agree. If the City does not agree, there's no agency. It will
automatically die, expire. So we do have a hundred and eighty days to reply.
Commissioner Plummer: But isn't... As I remember the conversation, it was to the City's
advantage to join hands with the County.
Mr. Odio: No, well, there were some items there that I don't agree with. Commissioner
Dawkins has been taking the lead on that. But there... For instance, there is one item, as I
remember, telling us what to do with our monies.
Vice Mayor Dawkins: Not only that, Commissioner Plummer, it's also... Commissioner Teele
is telling me that the money that they're going to give you - because I voted against it - for the
Bicentennial property, he wants to take that money and tell you to use it in Overtown.
Mayor Clark: Yeah, he does.
Mr. Odio: He wants thirty percent of that money to be used in Overtown.
Vice Mayor Dawkins: That's right.
164 July 14, 1994
Commissioner Plummer: Well, let me ask this question, because one of the thinks that was
interesting to me was that if you had a combined group, that you had the potential of getting
State money, which you don't have without a combined group. Now...
Vice Mayor Dawkins: What combined group are you referring; to?
Commissioner Plummer: The City and the County joining hands.
Vice Mayor Dawkins: To do what?
Commissioner Plummer: To go into an Overtown Redevelopment Authority.
Vice Mayer Dawkins: Wily should we do that when we've already spent... How much money
have we spent over there, Mr. Manager.
Mr. Odio: In Overtown?
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: Jesus, I... two, one hundred million dollars.
Mr. Herb Bailey: Out of the City's pocket, forty-two point two million. ($42,200,000)
Commissioner Plummer: OK,
Vice Mayor Dawkins: We spent that already.
Mr. Odio: Forty-two.
Mr. Bailey: That's spent.
Commissioner Plummer: I understand that.
Vice Mayor Dawkins: Now, you want to form a partnership with somebody who has spent
nothing?
Commissioner Plummer: No. Excuse me.
Mr. Odio: But you have to understand...
f
Vice Mayor Dawkins: Go ahead, Mr. Manager.
Mr. Odio: Please, because this is an important number. What is the total amount of investment
we have... because of our efforts, have been placed in Overtown?
Mr. Bailey: Sixty-two point seven, I think.
Mr. Odio: Not counting; the Miami Arena?
Mr. Bailey: Counting the Miami Arena. It does not include the cost of building the two towers,
which was another sixty thousand... sixty million.
Mr. Odio: So you're talking about a hundred and twenty million dollars. And for someone to
make a statement that the City has not done anything in Overtown, I think that's farfetched.
165 July 14, 1994
Commissioner Plummer: Well, again, Commissioner, it was my understanding, if there was not
a combined effort on the City and County joint, that we really would not have any availability of
getting some State funds. But if, in fact, we did join hands, there was that availability. Now, if
that's a bad statement, then, you know, correct it.
Vice Mayor Dawkins: Well, who told you that?
Commissioner Plummer: Mr. Teele told me that.
Vice Mayor Dawkins: So let's have. Mr. Teele come hereand explain it to you.
Commissioner Plummer: That's tine.
Mr. Bailey: Commissioner, the budget of monies spent in Overtown/Park West includes State,
County, City, Federal Government, City of Miami. We have always been able to attract monies
within the project area.
Mayor Clark: One question. One question, Herb. How much has the County spent?
Mr. Bailey: Well... They made a contribution for the UMTA (Urban Mass Transit Authority)
grant on the match, when we got the six point seven ($6.7 million). They have put money in
from surtax. And it might he about six million ($6 million) dollars, if we count the surtax that
went into Biscayne View.
Mayor Clark: Out of a hundred and twenty ($120 million)that we have invested?
Vice Mayer Dawkins: Mr. Gort is trying to say something, Mr. Mayor.
Mayor Clark: Mr. Gort, you have the floor.
Commissioner Gort: Well, I think this is something that's got to come in front of us as an item.
I mean, we're discussing it here today, but this is not in front of us. So we need all the
information. My understanding is... And I was present when the motion was passed at the
Commission. I was at the Finance Committee meeting, when the Finance Committee meeting
approved this, and to recommend... And my understanding was that you were in favor of it. So
that's why it... Because Commissioner Millian asked how the City felt about it, and it was stated
the... Commissioner Dawkins was part of it, and you were in favor of it. So I think we should
have an item to deal with this and have all the proper documentation here, and see the issues that
we disagree on.
Vice Mayor Dawkins: OK. I have no problem with that.
Mr. Bailey: We are preparing that, Commissioner.
Commissioner Plummer: Let me ask one other question, Mr. Bailey.
Mr. Bailey: Yes.
Commissioner Plummer: The important question is, how much money do we have left to deal
with it?
Vice Mayor Dawkins: To deal with what?
166 July 14, 1994
Commissioner Plummer: To deal with Overtown redevelopment.
Mr. Bailey: With the project area?
Vice Mayor Dawkins: There is... You do not have enough money to deal with Overtown, you
see. Because people are talking about what they want to do, and not what needs to be done. I've
been here since '81, and you got here before me.
Commissioner Plummer: But 1...
Vice Mayor Dawkins: And we haven't done anything; in Overtown yet.
f Commissioner Plummer: Well, let's remember, hack before you were here, when I was here,
that we were led down a primrose path by HUD (Housing and Urban Development), who said,
"Come in here, we'll give you the mc►ney, you accumuls►te. the property, and then we'll give you
the money to upgrade and to build." Well, let me tell you, we got all of the property, and they
moved out all of the people where that YMCA (Young Men's Christian Association) is now.
They tore down a hundred and forty-one unit good apartment house, to make it a part of the
Overtown community, moved those people out to Opa-Locka. And then when we went back and
said, OK, now we've got all the property, let's get the money to go build, the till was empty.
OK? So that was from day one.
Mr. Bailey: Commissioner, may I just make a statement? It's a technical statement. It's not a
matter of how much► money we have to do anything in Overtown. Overtown is a redevelopment
district. it's a matter of how well we can do with what we have to attract private investment.
Vice Mayor Dawkins: That's right. There you go.
Mr. Bailey: It has always been a problem in terms of those that have the public visibility to
convince the private sector they should invest there, and we have not been able to do that. The
developments that you have there now are the only two... We got three private investors: Mr.
Weiss, over at the Poinciana Village; Mr. Cruz, with Biscayne View; and Mr. Kahn and some
local investors, who did Arena Towers. But it's not a matter of money. I would submit to you,
in regards to redevelopment or development, we have all the money we. need.
Mayor Clark: Assistant Manager
Commissioner Plummer: Huh?
Mayor Clark: I signaled for De Yurre. I'm trying to find him.
Mr. Bailey: We have all of the money...
Commissioner Plummer: He needs a job.
Mr. Bailey: We have all the money we need to attract the private investors. Our problem is
convincing someone that this is a good place to invest. We own twenty-nine acres. And that is a
problem. I said that at the Chamber meeting.
Commissioner Plummer: There's no question, Mr. Bailey, that when they publish an article in
Miami Today showing that Brother Paul, from Camillus House, couldn't stand to live there, and
he moved out, I assure you, sir, it is a problem.
Mr. Bailey: We have all. We have been sort of unofficially redlined by HUD, that has indicated
they will not place any more mortgages, mainly because of what we could not do with Camillus
House. And these thinks take time to he worked out. We are working on them. We own a lot of
land in Overtown, and we are building a lot of houses that are not in the immediate downtown
area. We have thirty-five new houses over at Saint John. That still is a project area.
Commissioner Plummer: There's a lot of people, down there that won't agree with you.
Mr. Bailey: Well, I submit to you, those people who don't agree don't take the time to come and
go with us, so we can show them what has been done. Now, it's easy to, you know, to sit in the
armchair, but we invite anyone who's willing to come and go, and we can show you what has
happened.
Commissioner Plummer: Can I ask, since Mr. Bailey is at the microphone, what about Saint
Hugh?
Mr. Bailey: The Manager will answer that.
Mr. Odio: Before we leave, may i, please? I think we need clear instructions. We have a
hundred and eighty days to reply. But 1 would like to hear from the Commission, if we want to
continue on talking about a new redevelopment agency, or we stay as we are.
Commissioner Plummer: Well, I'd like to see everything that's transpired before I make a
decision.
Mr. Odio: Fine. We'll brief each one of you then, privately, and then we'll have to decide.
Commissioner Plummer: Very definitely.
Mr. Odio: But I would like, also, Commissioner Dawkins, you are going to stay on the lead on
that one, no?
Vice Mayor Dawkins: Yeah. I don't have a problem with that.
Mr. Odio: OK. Because it is complex, and...
Commissioner Plummer: Mr. Bailey, Saint Hugh's. Price goes up every week.
Mr. Bailey: We have prepared a document for this agenda, and I think the Manager...
Mr. Odio: It's on the agenda for July 26th.
Mr. Bailey: July 26th.
Commissioner Plummer: OK. Well, the question I want to ask you is, and that I want to make
sure - and I'm going to ask every time I get the opportunity - no one has an inside track on who
is getting those residences?
Mr. Bailey: No one has an inside track on who is going to get those residences.
Commissioner Plummer: All names who are interested and qualify will be put into and drawn
on a lottery basis.
Mr. Bailey: All people who are interested, who will fill out an application, and if they become
qualified, then they will be put into a lottery, if we have more than twenty-three.
168 July 14, 1994
Commissioner Plummer: No, no, no. That's not what I'm talking; about. You see?
Mayor Clark: Please, please now. We got other items... We're not going; to do anything about
this, J.L. We've got items we passed over because Victor was not here this morning.
I
Commissioner Plummer: We do'? Oh, I'm sorry. I thought we were just waiting for five
o'clock.
Mayor Clark: No, no.
Commissioner Plummer: All right. Mr. Bailey, that was not my understanding. OK? We were
going to go a total lottery (.)fall qualified individuals. Nobody should have an edge. OK?
Mr. Bailey: We will get hack with you, Commissioner.
Commissioner Plummer: We'll get back to you next week on that one, because I'll tell you
something, there can... All kinds of games can be played with that if you do it any other way, as
far as I'm concerned.
Commissioner Plummer: Mr. Mayor, where are we? What items did we skip over? Forty-one.
Mayor Clark: Wait a minute. Let's go back to the ones we missed when you were gone this
morning.
Commissioner Plummer: Well, according to the board, I don't see anything we've missed.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Four, we kept 4, because we didn't have four Commissioners.
Commissioner Plummer: Which one?
Vice Mayor Dawkins: Item 4.
Commissioner Plummer: Four?
Mr. Odio: And 8-A.
Commissioner Plummer: Item 4.
Mr. Odio: And item 8-A.
Vice Mayor Dawkins: 8-A was Commissioner De Yurre's deal also, so...
Commissioner Plummer: Where are we?
Mayor Clark: Is that... CA-4 it was?
169 July 14, 1994
Vice Mayor Dawkins: No, sir, regular item 4.
Commissioner Plummer: Oh, yeah, that was Dawkins.
Vice Mayor Dawkins: Yes.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
S8. INQUIRY CONCERNING STATUS OF HEALTH INSURANCE BENEFITS
I' TO CITY BOARD MEMBERS -- ISSUE DEFERRED TO BE DISCUSSED AT
BUDGET TIME.
Commissioner Plummer: Yeah. And 8-A was...
Mr. Odio: The insurance for the boards, health insurance benefits for...
Commissioner Plummer: The Mayor ruled that that would be put over to budget time. Why is it
coming up now?
Mayor Clark: That's what we did.
Mr. Odio: Were were told to place it on this agenda.
Mayor Clark: It's going to be over at budget time, when we discuss the budget.
Commissioner Plummer: At budget time.
Mr. Odio: So it's... OK.
Commissioner Plummer: Yeah, but I... You were supposed to forward to us the cost factors
involved.
Mr. Odio: It was sent out June 20.
Commissioner Plummer: OK. Then I'll have to go back and pick up on it.
Mr. Odio: So we'll put this after the budget.
Commissioner De Yurre: Included in the budget.
Commissioner Plummer: During the budget.
Mr. Odio: During the budget.
Commissioner Plummer: During the budget, yes, sir.
170 July 14, 1994
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
59. DISCUSSION CONCERNING THE 1995 GRAND PRIX EVENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item 4.
Mayor Dawkins: Is Mr. Sanchez here?
Commissioner Plummer: Here he is.
Mayor Clark: What is it, Dawkins?
Commissioner Plummer: What other items are we missing besides these two?
Mayor Clark: That's all that I... Did we miss anything else, Madam Clerk?
Ms. Matty Hirai (City Clerk): Four and 5, Mr. Mayor, are we going; to take those now?
Mayor Clark: What's that'?
Ms. Hirai: Four and 5.
Commissioner Plummer: Five?
Commissioner Gort: No, no. Mr. Mayor, the only...
Ms. Hirai: Are we going to take them now?
Mayor Clark: Golf Advisory Board, that's been withheld.
Commissioner Plummer: Gort withdrew 5.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: If I recall, the only item we're going to defer was the Roads, but the
spokesman says let's take it anyway, although you were not here, and we moved on it. We
discussed it.
Commissioner De Yurre: What, number 5?
Commissioner Gort: No, the one on the Roads. The the only one that we were going to defer...
Commissioner Plummer: Oh, the sewer, the storm water sewer.
Commissioner Gort: The sewer, the storm sewers for the Roads.
Mayor Clark: Number 5 has been withdrawn temporarily.
171
July 1.4, 19.94
Ms. Hirai: Just temporarily, because I only have...
Mayor Clark: Not today.
Commissioner De Yurre: The Golf Advisory Board.
Commissioner Plummer: That was withdrawn by Gort...
Commissioner Gort: That was withdrawn.
Commissioner Plummer: ... who put it on the agenda.
Commissioner De Yurre: What about the Ping-Pong Advisory Board?
Mayor Clark: That's yours.
Commissioner Gort: That's next week.
Commissioner Plummer: Yeah. That's after their trip to Japan.
Mayor Clark: Pocket pool, that's also yours. Pocket pool. All right. What about this? Ralph,
you're on. What's the discussion regarding the Grand Prix, Mr. Dawkins?
Commissioner Plummer: It's Commissioner Dawkins'.
Mayor Clark: It's number 4.
Mr. Ralph Sanchez: I guess, you know, I was asked to he here by the City Manager's Office and
the Commission. We lust wanted to give you an update of what's coming next year. We have
been able to sign the Indy cars to come downtown. This is the first time the Indy cars will be in
the southeastern part of the United States. And we just got a letter yesterday that for the first
time, they're going to he televised by ABC (American Broadcasting Company) live, two and a
half hours, guaranteed 125 countries will be picking up the broadcast live on that day, and either
for rebroadcast within their country, or live, right then and there. And then ESPN is going to
rebroadcast the race the following Saturday. The way that I look at it, Mayor and
Commissioners, this is like bringing the Superhowl hack to our town every single year. We have
some safety issues that we're going to have to address at our expense. We have already started
some of those repairs. We have some repaving to do of the existing roads to make it safer, and
basically, we're looking forward to this great event. I think it's probably going to be the first
time that the Grand Prix will be in a position to be close to a sellout, which we have not... We
have not had that in the past. But I'm very, very happy with the progress that is being made.
Mayor Clark: Same dates?
Vice Mayor Dawkins: One question, Mr. Mayor.
Mr. Sanchez: Yeah. The... Mayor, the dates are March 3rd, 4th and 5th.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: The Indy Races will remain in the City of Miami, or do they go to
Homestead with you?
Mr. Sanchez: We have a contract with the City of Miami which we do intend to honor. The
contract that we have with Indy Car is a three-year contract for the streets of downtown Miami.
172 July 14, 1994
We do not have a choice about relocating this race to Homestead once the facility is complete in
Homestead. It is their option, once they see the facility, if it is a first class facility, to relocate it,
but we have a three-year contract to live up to, not only with the City of Miami, but with Indy
Car.
Vice Mayor Dawkins: And the three years are ended what date, year?
Mr. Sanchez: 1997.
Vice Mayor Dawkins: '97, '95... OK. Thank you. No further questions.
Commissioner De Yurre: Question. What impact is that going; to have with our port expansion?
Cesar Odio (City Manager): it depends on the timing of the port expansion. If... We have
talked about it, and we are still waiting for Mr. Lunetta to reply to my last call, which was now, I
think, it was a month ago, that we need to deal with the Grand Prix.
Commissioner De Yurre: OK. Now, what is our contractual relationship with the Grand Prix,
which is what the County is going to assume?
Mr. Odio: That's right. We have... The County is not going to assume that contract. The
County will... has assumed the responsibility of dealing with this issue.
Commissioner De Yurre: That's right.
Mr. Odio: If they... If the port project moves along faster than the timing that we expect, they
would have to deal with Mr. Sanchez.
Commissioner De Yurre: Now, additionally, under our contract, just so that we're clear on this,
what obligation do we have to continue to hold the Grand Prix on our streets?
Mr. Odio: We have a contract. It is...
Commissioner De Yurre: What kind of permit do we have on this?
Mr. Odio: It's a license agreement.
Commissioner De Yurre: OK. Which can be revoked at any time.
Mr. Odio: No, sir.
Commissioner De Yurre: What is it, then?
Mr. Odio: No, sir. I think you better...
A. Quinn Jones, III, Esq. (City Attorney): What happened was there was the initial term -
correct me, Ralph. I don't have the agreement before me - but I think the initial term was five...
Mr. Sanchez: Fifty, fifty... It was five, five and five.
Mr. Jones: Five, five, five, and you exercised the last option, which would carry it through 1997.
Mr. Sanchez: '97.
173 July 14, 1994
Mayor Clark: OK.
Commissioner De Yurre: So, now, is Lunetta aware of that fact?
Mr. Odio: Yes, sir, he is.
Commissioner Plummer: He's not happy about it, but he's aware.
Mr. Odio: Very much aware of that.
Mr. Sanchez: Mr. Mayor, Mr. Mayer, for the record, I would like to say that I read the
newspapers, and i knew, and I have known of the port expansion for the last two years. I have
met on numerous occasions with Carmen Lunetta. We have met jointly, the City Manager, and
myself, with Carmen Lunetta. I have always been told not to worry about it, that he would be
back to us. Up to today, I have not heard from Carmen Lunetta coming to address this issue.
We have got to move forward if we're going to have this race here in the City of Miami for one
year, for two years, for three years, or indefinitely in the future. Everybody wants to stay
downtown. It adds a lot of glamour, it adds a lot of ease for operation, because you've got the
hotels downtown, et cetera, but nobody's telling me what the future holds.
Commissioner De Yurre: Are you telling us now that you would rather keep the Grand Prix in
Miami and just run some other events down south?
Mr. Sanchez: I am saying that we... The perfect site for the Grand Prix, there is no question
about it, would he downtown Miami. We have a contract that we've got to live up to with Indy
Car, which I signed, which I can share with you or the City Manager, which specifically states
that this is for the City of Miami, downtown Miami. If there is a move, it is their option, not my
option, to relocate them.
Commissioner Plummer: Only in the third year. As I recall the contract that I saw, the first two
years would definitely be in the City - that was the understanding that I had - and the third year
would be their option, if they wanted to move, if they felt the facility down south would meet
their criteria. Now...
Mr. Sanchez: They will not even commit to us until they see the final product.
Commissioner Plummer: Well, I think on the hack side of that is that track down there is going
to be at least the best part of two years to he completed.
Vice Mayor Dawkins: But I think, Mr. Sanchez, what all of us up here are waiting to hear is,
should we go all out to assist you in making a first class facility so that when the Indy people
come, they would he receptive to staying, because they have a first class facility? But what
we're hearing you say is, don't care how much we bring this facility up, that it's up to... people
will go south. And if Homestead builds a better mouse trap than all of the - for the lack of a
better word - trappings that we have added are for naught.
Mr. Sanchez: Not necessarily, Commissioner.
Vice Mayor Dawkins: OK.
Mr. Sanchez: I think that...
Vice Mayor Dawkins: Is that what you're asking?
174
July 14, 1994
Commissioner De Yurre: No, I just want to knew, because all I've heard, all that we have heard
is that after a couple of years that they were going to move down, once Homestead was finished.
But I heard something a little bit different here, so I just wanted to put it, you know, clarify the
issue of whether you have any intention of staying.
Mr. Sanchez: Yeah. Commissioner, we cannot afford to wait until the City, or the port, or the
County notifies us that we have to move from downtown Miami to start planning on the
construction of a future permanent facility.
Mayor Clark: That's understandable.
Mr. Sanchez: So...
Commissioner Plummer: Let me put on the record, Mr. Mayor, if I may, Commissioner
Dawkins and I, in the past couple of months, have met twice now with the people that we're
concerned about down there. Number one was the people working on the boulevard for the new
sewer line. And I have to tell you, they're the most cooperative people, Mr. Manager, that I've
ever dealt with. "Whatever the City wants, we'll do." The second part of that is the people that
are building the new MacArthur Bridge, and they have given us, as of day before yesterday,
every assurance that they will be out of there before the deadline of November the 1st. So for
anybody that drives by there and looks and says there's no way it can happen, Commissioner
Dawkins and I, and others from the City have been on these people now for the second time, and
they're all assuring us that, in fact, it will be ;`':niched.
Mayor Clark: Well, they did a good job on the sewer line. They said that's a year ahead of
schedule and fifteen million dollars under budget. Those people promise, they deliver.
Commissioner Plummer: So be it.
Mayor Clark: All right. Anything further? That's the discussion.
Mr. Sanchez. Thank you.
Mayor Clark: We got to get together with Carmen sometime right soon, I know that.
Mr. Sanchez: I would welcome a clarification of that position, sir. I've asked Carmen to get
back to us and to the City Manager, and he has just not gotten back to us.
Mr. Odio: Well, I haven't signed the predevelopment agreement either.
Mr. Sanchez: OK.
END OF DISCUSSION -- NO ACTION TAKEN
Mayor Clark: All right. Now, S-A has been deferred till when we have the budget hearings.
Commissioner Plummer: That's normal.
175 July 14, 1994
NOTE FOR THE RECORD: Agenda item 5 was withdrawn.
Commissioner Gort: Mr. Mayer, I think the rest of the items are for five o'clock.
-----------------------------------------------------• ----------------------------------------------------------
60. (Continued) AMEND PREVIOUSLY ADOPTED RESOLUTION 94-521
(WHICH RESOLUTION APPROVED ADDENDA TO GUIDELINES FOR
COMMUNITY DEVELOPMENT BLOCK GRANT [CDBG] FUND SINGLE
FAMILY REHABILITATION LOAN PROGRAM AND AUTHORIZED
IMPLEMENTATION OF POLICES 01"FICER / PUBI_.IC SERVICE AIDES
REHABILITATION LOAN PILOT PROJECT AND PUBLIC WORKS /
RIGHT-OF-WAY IMPROVEMENTS PILOT PROJECT); TI-11 REBY: (1)
AFFORDING THIS OPPORTUNITY TO ALL CITY OF MIAMI
EMPLOYEES, AND (2) PROVIDING THE SAME TYPE OF LOAN (AT 301o)
TO EMPLOYEES RESIDING OUTSIDE THE TARGET AREA, WHENEVER
LEGALLY POSSIBLE. (See. label 43)
----------------------------------------------------------------------------------------------------------------
Commissioner De Yurre: I'd like to bring hack 41, then, if we've covered everything.
I Commissioner Plummer: Which one?
Commissioner De Yurre: Forty-one. Just the assistance of or moving into the City. It's my
understanding that this is for police officers only, Mr. Manager?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner De Yurre: OK. I would like to see why this can't be done for all City employees.
Mr. Odio: I have no problem with that whatsoever. If we...
Mayor Clark: What's that?
Commissioner Gort: Any City employee who wants to move back into the City of Miami, give
them a loan, a low rate.
Vice Mayor Dawkins: Make a motion. Make the motion.
Mayor Clark: All right. That's fine.
Commissioner Gort: That's a good one.
Commissioner De Yurre: I would so move that it include all of our City employees to be
afforded this opportunity.
Mr. Odio: Could you also ask that we could also provide the same type of loan at three percent
outside of the target areas also?
176 July 14, 1994
„'9
Commissioner De Yurre: Outside cif the target area, we would be using what? - HUD (Housing
and Urban Development) monies?
Mr. Herb Bailey: Yeah,
Mr. Odio: We would be using other monies.
Commissioner Plummer: But in the City.
Mr. Odio: In the City of Miami, but outside...
Mayor Clark: Please, now, not all at one time. Not all at one time.
Mr. Odio: Let me explain, maybe. The Community Development Block Grant monies can only
be used inside target areas. But we can also using housing money, HUD monies, that are not on
the same regulation, outside of the target areas.
Commissioner De Yurre: OK. I would so move, then, to include all City employees.
Commissioner Plummer: Second.
Mr. Bailey: Just one modification. For those that are not within the City target area, the rate
may be different, because we have to use a different HUD program. We have available two or
three "Ks,” and other things that we can use, but they will not be afforded the three percent that
the low income areas get.
Mayor Clark: All right, but don't make it too complicated, though, Herb. Incidentally, the
Federal National Mortgage Association is moving its headquarters to Miami. The announcement
is going to be made officially on July tite 18th, and Mr. Dawkins is going to represent the City of
Miami at that announcement. That means the Federal National... We're talking*, about a lot of
money available. That's the Feds and also... They're not a Federal agency any longer. They're
coming up with their own private monies and everything else. Cesar, you were there...
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-534
A RESOLUTION AMENDING RESOLUTION NO. 94-521, ADOPTED JULY 14,
1994, WHICH APPROVED ADDENDA TO THE GUIDELINES OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND SINGLE FAMILY
REHABILITATION LOAN PROGRAM AND AUTHORIZED THE
y IMPLEMENTATION OF THE POLICE OFFICER/PUBLIC SERVICE AIDES
I REHABILITATION LOAN PILOT PROJECTS AND THE PUBLIC WORKS/RIGHT-
OF-WAY IMPROVEMENTS PILOT PROJECT, IN ACCORDANCE WITH SAID
GUIDELINES, THEREBY AMENDING SAID GUIDELINES TO PERMIT
PARTICIPATION OF ALL CITY OF MIAMI EMPLOYEES IN SAID PROGRAM
AND PROJECTS,
177 July 14, 1994
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Comiliissionc.r J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Nome.
Commissioner Plummer: We're coming back at five?
Mayor Clark: How's that?
Commissioner Plummer: Coming back at five?
Mayor Clark: Yeah.
----------------------------------------------------------------------------------------------------------------
61. CODESIGNATE INTERSECTION OF FLAGLER STREET AT 37 AVENUE
AS "TONY CUESTA WAY."
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, since we got a break here, I got a pocket item. Instead of
listening after five, can we listen to it now?
Mayor Clark: I've got one, too. Just not too much. It's codesignating West Flagler Street at
37th Avenue as Tony Cuesta Way. I move it. Is there a second?
Commissioner Gort: Second.
Mayor Clark: This is in collaboration with the County.
Commissioner Gort: Mr. Mayor...
Commissioner De Yurre: We need to call the roll on 41.
Mayor Clark: Cast a unanimous ballot.
Ms. Matty Hirai (City Clerk): OIL. Cast a unanimous.
Mayor Clark: Cast a unanimous ballot.
July 14, 1994
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-535
A RESOLUTION CODESIGNATION THE INTERSECTION OF FLAGLER STREET
AT ITS INTERSECTION WITH 37TI-1 AVENUE, MIAMI, FLORIDA, AS "TONY
CUESTA WAY" AND DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OR PUI3LIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE HEREIN DESIGNATED AGENCIES.
(Here follows body of resolution, emitted 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.
Commissioner De Yurre: On Tony Cuesta, if I recollect correctly, well over a year ago, I
requested that our committee that reviews naming streets...
Commissioner Plummer: Memorial.
Mr. Cesar Odio (City Manager): Memorial Committee.
Commissioner De Yurre: ... would consider that. So I don't know where that is at right now.
Mr. Odio: The same name?
Mayor Clark: Well, I just got a request here from Bob Ginsberg.
Commissioner De Yurre: Yeah, Tony Cuesta.
Mr. Odio: Yeah, I need to find out.
Mayor Clark: All right. That's passed.
179 July 14, 1994
Commissioner Plummer: Let me ask a question. Are we still on the same path that we
established a while back that we're only naming one block? That we're not going to have...
Mayor Clark: "Phis is just an intersection.
Commissioner Plummer: The. intersection?
Mayor Clark: The intersection, that's all.
Commissioner Plummer: We're not going to have a Luis Sabines Way, that goes from here to
Fort Myers.
Mayor Clark: No, no more.
Commissioner Plummer: OK.
----------------------------------------------------------------------------------------------------------------
62. AUTHORIZE LOAN / GRANT ($600,000) FROM FY 1994 HOME
INVESTMENT PARTNERSHIP PROGRAM TO EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION -- FOR PURPOSE OF
DEVELOPING CASA GRANDE, A 104-UNIT ELDERLY HOUSING
PROJECT, PLANNED FOR DEVELOPMENT ON SIX VACANT PARCELS
AT S.W. 9 AVENUE AND S.W. h STREET.
Mayor Clark: OK. What do you have, Willy?
Commissioner Gort: Mr. Mayor, I have a resolution which I forgot to give to you all. The
reason the housing resolution is coming in front of you today as a pocket item is that they have a
deadline they have to fill before they can apply for money. I'd like the East Little Havana
executive director to go over this. I passed this to your office and delivered this, hand -delivered
to you all.
Mayor Clark: What is this about?
Commissioner Gort: This is...
Mr. Anita Tejon Rodriguez-Tejera: Good afternoon, everyone. I'm sorry we're having to bring
this to you with such urgency. The East Little Havana Community Development Corporation is
applying for low income housing tax credit and in a home loan from the State of Florida, an
application which is due in the State on July 27th. That's why we could not wait until your next
Commission meeting. What that would allow... If you provide Lis some support today, what that
would allow us to do is to he able to obtain a very high scoring in terms of how the State
approaches or qualifies its projects, and we would be able to obtain five hundred thousand
dollars worth of home loans from the State at half a percent. And also, it would allow us to
acquire about three point two million dollars in low income housing tax credits for this project.
Mayor Clark: All right, all right, please. Mr. Gort, you know about this. Please brief us.
Commissioner Gort: Staff, you want to read the resolution? I don't have it with me.
180 July 14, 1994
I
Mayor Clark: Where is the resolution?
Commissioner Gort: Could you read it.
�I
Vice Mayor Dawkins: Madam Clerk, would you read the resolution for Commissioner Gort.
Ms. Matty Hirai (City Clerk): A resolution authorizing; a loan grant in an amount not to exceed
six hundred thousand dollars from the FY'94 I -Ionic Investment Partnership Program to the East
Little Havana Community Development Corporation for the purpose of developing Casa Grande,
a one hundred and four -unit elderly housing; project planned for development on six vacant
parcels, located at Southwest 9th Avenue and Southwest Kth Street in the Little Havana
neighborhood. Said loan/grant subject to the review and approval of the City Manager.
Mayor Clark: Moved by Mr. Gort and seconded by Mr. Plummer.
Commissioner Plummer: I assume this will go through the regular process of bidding
procedures for building and all of that.
Ms. Rodriguez-Tejera: Absolutely.
Commissioner Plummer: Yeah. OK.
Mayor Clark: With no objection, cast a unanimous ballot, Madam Clerk.
Commissioner Gort: Thank you.
Ms. Rodriguez-Tejera: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-536
A RESOLUTION AUTHORIZING A LOAN/GRANT, IN AN AMOUNT NOT TO
EXCEED $600,000, FROM THE FY 1994 HOME INVESTMENT PARTNERSHIP
PROGRAM TO THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, FOR THE PURPOSE OF DEVELOPING CASA GRANDE, A 104-
I UNIT RENTAL HOUSING 13ROJECT FOR THE ELDERLY, PLANNED FOR
I DEVELOPMENT ON SIX (6) VACANT PARCELS LOCATED AT SOUTHWEST
9TH AVENUE AND SOUTHWEST 8TH STREET, IN THE LITTLE HAVANA
NEIGHBORHOOD; AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID LOAN/GRANT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
l
I
181 July 14, 1994
i
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.
----------------------------------------------------------------------------------------------------------------
63. APPROVE GRANT OF EASEMENT TO BELL SOUTH
TELECOMMUNICATIONS, INC. (d/b/a SOUTHERN BELL TELEPHONE
AND TELEGRAPH COMPANY) -- FOR CONSTRUCTION / INSTALLATION
/ MAINTENANCE OF A NEW FIBER OPTICS TELEPHONE SERVICE AND
APPURTENANCES UNDER AND THROUGH THE CITY OF MIAMI FIRE
TRAINING CENTER (LOCATED AT 3425 JEFFERSON STREET).
Mayor Clark: A resolution, with attachments, approving; a grant of easement in a form
acceptable to the City Attorney to Bell South Communications doing business as Southern Bell
Telephone and Telegraph Company for construction, installation and maintenance of a new fiber
optics telephone service, and appurtenances under, and through the streets of the City of Miami
Fire Training Center property located at 3425 Jefferson Street, Miami, Florida; authorizing the
City Manager to execute the said grant easement on behalf of the City. Is that right?
Commissioner Plummer: Second.
Mayor Clark: No exception, Madam Clerk. Cast a unanimous ballot. Would you give that to
the Clerk, please.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-537
A RESOLUTION, APPROVING A GRANT OF EASEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO BELL SOUTH
TELECOMMUNICATIONS, INC., D/B/A SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY FOR CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF A NEW FIBER OPTICS TELEPHONE SERVICE AND
APPURTENANCES UNDER AND THROUGH THE CITY OF MIAMI FIRE
TRAINING CENTER PROPERTY, LOCATED AT 342.5 JEFFERSON STREET,
MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID GRANT OF EASEMENT ON BEHALF OF THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
182 July 14, 1994
i
i
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the fallowing vote:
AYES: Commissioner Wit -redo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None. i
ABSENT: None.
Commissioner Plummer: That's it?
Vice Mayor Dawkins: Five o'clock?
Mayor Clark: That's it. Five o'clock. And that meeting is going to last about forty-five
seconds. Then we're gone.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:09 P.M. AND RECONVENED AT 5:00 P.M.,
WITH VICE MAYOR DAWKINS, COMMISSIONER DE
YURRE AND COMMISSIONER GORT FOUND TO BE
ABSENT.
----------------------------------------------------------------------------------------------------------------
64. GENERAL COMMENTS BY COMMISSIONER PLUMMER CONCERNING
THE JENNINGS RULE, WHILE WAITING FOR A QUORUM OF THE CITY
COMMISSION TO BE PRESENT.
Commissioner Plummer: Mr. City Attorney, I would ask for me... In particular, this doesn't...
It applies to some of the people that are here, but in general. Based on an opinion from your
office, when some of these people asked to meet with me, I asked was it permissible under the
Jennings rule, and your ruling was no. OK? And I maybe agree or disagree with that, but I went
by that. Now, my second question is, can anyone write a letter to a City Commissioner about a
Zoning item, and can I read it, or can I not? Is it considered lobbying? And I would ask you, sir,
to research the issue and come hack and tell me and my colleagues, I'm sure, also.
A. Quinn Jones, III, Esq. (City Attorney): Well, I can give you the answer to that now, I don't
have to research it.
Commissioner Plummer: OK. Then, give mean answer.
Mr. Jones: You know, consistent with the guidelines that I've given you in the past - and I know
we've all been struggling with this decision - again, just to cap what Jennings basically says is
that ex parte communications are prohibited. So what I've done or at least attempted to advise
you, that any communications outside the course of the particular hearing in question, any
information you receive or whatever else is that you make it a part of the record. Certainly, the
time that you may question or any member of the public may want to inquire of you, would be at
the time of the hearing, which necessarily requires that there be notice and an opportunity to
cross-examine by any of the interested parties.
183 July 14, 1994
NOTE FOR THE RECORD: Commissioner De Yurre and
Commissioner Gort entered the Commission chamber at 5:04 p.m.
Vice Mayor Dawkins entered the Commission chamber at 5:05
p. M.
Commissioner Plummer: Well, I thought...
Mr. Jones: To the extent that you get a letter, certainly, if you want to read it, that's fine. The
only thing that I'm saying to you, which is required by Jennings is that it not he any conversation
or communications in that regard. So to protect yourself, what you do is simply, it you receive
any correspondence, is you make: it part of the. record. So if anyone wants to ►nquire at a later
point in time, the: record will he clear that you received this. And if they want to question you as
to whether you had any further communications or what was the nature of anything beyond that,
it will be all out in the. open.
Commissioner Plummer: So what you're saying is that I assume that any communications that I
might receive about a zoning; issue, I would supply a copy to the Clerk?
Mr. Jones: That is correct.
Ms. Matty Hirai (City Clerk): Yes.
Commissioner Plummer: OK. My final question. Does the Jennings rule apply or come into
effect as far as the media is concerned?
Mr. Jones: I don't understand... As far as the media is concerned...
Commissioner Plummer: Can we, as elected officials, talk to the media about zoning items?
Mr. Jones: Certainly. You can talk to the media about anything you want to. What Jennings
attempts to prohibit is that you not have any discussions with interested parties on a matter that
may be of a quasi-judicial nature that you're going to vote on.
Commissioner Plummer: Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
184
----------------------------------------------------------------------------------------------------------------
65. (A) APPROVE CHIEF PROCUREMENT OFFICER'S REJECTION OF
PROTEST BY MET CONSTRUCTION, INC., IN CONNECTION
WITH BID NO. 93-94-132: HADLEY PARK OLYMPIC POOL
COMPLEX.
(B) AWARD BIDTO: SEALAND CONTRACTORS, INC. ($2,448,415) --
FOR PROJECT: OLYMPIC POOL COMPLEX AT CHARLES
HADLEY PARK - B-0211 -- ALLOCATE FUNDS FROM CIP
331349 -- EXL CUTE CONTRACT.
(C) COMMISSIONER DE YURRI COMMENTS ON PRESSING NEED
FOR A YOUTH CENTER TO BE ESTABLISI-IED AT CURTIS
PARK, AS A COMPONENT TO THE POOL, AND IN ORDER TO
HOUSE AND PROVIDE FOR OTHER ACTIVITIES AND
ENTERTAINMENT FOR THE COMMUNITY -- REQUEST
ADMINISTRATION TO RESEARCH THE ISSUE AND COME
BACK FOR FURTHER COMMISSION CONSIDERATION.
Mr. Cesar Odio (City Manager): We are in item 5.5, Mr. Mayor. I don't know which item...
Commissioner Plummer: Hadley Pool.
Ms. Matty Hirai (City Clerk): Yes.
Mayor Clark: Item 55.
Commissioner Plummer: Ought to take twenty seconds. Mr. Dawkins, are you...
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Any discussion?
Mr. Ron Williams: Mr. Mayor.
Vice Mayor Dawkins: Go right ahead, Mr. Williams
Mr. Williams: If I may, I would just like to put on the record, there has been a protest filed just
very recently, which we did hurry and respond to, because certainly, we were concerned about
the Commission's need to move this along. We have found that the protest was without merit,
and the Manager and the City Attorney approved that finding. I just did want to get that on the
record. The protest was filed by Met Construction. I don't know if they are here or not.
Mayor Clark: Give us your name, please.
Ms. Gail McNally: Hello. My name is Gail McNally. I live at 16840 Southwest 62nd Street,
Fort Lauderdale, Florida, 33331. I am president of Met Construction. I have a couple of
handouts here, if I'm allowed to pass them out to the Commission.
Mayor Clark: Pass them out.
185 July 14, 1994
L]
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
El
Commissioner Gort: Could someone give me a brief history of this, and the voting? My
understanding is, in reading from the background information, that this was voted on in 1988.
Mayor Clark: What's that again, Willy?
Commissioner Gort: Could somebody give cite the information on it? My understanding is that,
from reading here, that this was something voted by the community hack in 1988.
Mayor Clark: Mr. Dawkins, can you respond to it?
Vice Mayer Dawkins: Are you asking me now?
Commissioner Plummer: You know, Mr. Mayer, let me bring to somebody's attention... Mr.
Manager, are you listening'? There's got to he somewhere here that either it is a very poor way
of putting out specs, or in some way, shape or form... Let me tell you what I'm talking about. I
don't know the number of bleachers, but there are bleachers to he installed. Installation of
bleachers. The low, according to these bids, is twenty-five hundred dollars. The high is a
hundred thousand dollars.
Mayor Clark: Those are called heavy bleachers.
Commissioner Plummer. I want to tell you, they're extremely... You know, something tells me
that there is a radical problem, when there is a ninety-seven and a half thousand dollar
difference. Now, I would like to ask you, Mr. Manager, that you write Tafara (sic), T-A-R-A-F-
A, and find out, did they misunderstand the bids, did they bid on some other kind of bleachers?
I'd like to know, and I think my colleagues would like to know...
Mayor Clark: Let's find out, yes.
Commissioner Plummer: ... why there's a ninety-seven thousand dollar difference. Now,
somebody is doing... For some reason, something... The total bids in this, Mr. Manager, are also
just as lopsided, but the very low hid is... And I'm on the second page, this is the installation...
Mr. Odio: But, see, the...
Commissioner Plummer: ... of two hundred and seven thousand, as opposed to another company
doing the same identical work...
Mr.Odio: Tarafa.
Commissioner Plummer: ... is three hundred and thirty-nine thousand.
Vice Mayor Dawkins: You know, we can't tell the people, J.L., what they should bid at. I
mean, they bid at what they want.
Commissioner Plummer: Mr. Dawkins...
Vice Mayor Dawkins: Just because you feel that it's out of line, I mean, we can't tell the people
how to bid.
186 July 14, 1994
Commissioner Plummer: Mr. Dawkins, there's no one that protects the competitive edge better
than I do. But I got to tell you, sir, there's something wrong when there is that amount of
discrepancy.
Vice Mayor Dawkins: Not necessarily.
Mr. Odio: Well, let... Can I put this to rest fora second? Take, example, I...
Commissioner Plummer: Well, you'll put it to rest, sir, when you do what I asked.
Mr. Odio: Wait, wait, just a minute. Item 8 on the. list...
Commissioner Plummer: I'm on the back page, sir. OK.
Mr. Odio: ... it says construction pool deck, wall fence, drain light.
Commissioner Plummer: Yes, sir.
I: Mr. Odio: One company put... The winning company put two hundred and eighty thousand.
And Met Construction put two -forty-five; Tarafa, ninety thousand dollars; and then Harrison
Construction, three hundred and sixty thousand dollars. But if you look at the top line - the
bottom line - OK? The company that hid at ninety thousand dollars is still high. They choose to
put in every line item what they choose to put. We have to concern ourselves about the bottom
I line.
Commissioner Plummer: Well, Mr. Manager, excuse me.
Mr. Odio: What do I care what they put in each line item?
Mayor Clark: Listen, I'm not going to sit here this afternoon and argue about this thing back and
forth.
Vice Mayor Dawkins: OK. That's OK. OK.
Mayor Clark: I want to have it either deferred until we've checked this all out, or come to some
decision this afternoon. These people's time is valuable, too.
Commissioner Plummer: Mr. Mayor.
Vice Mayor Dawkins: Mr. Mayor, let me answer Commissioner Gort's inquiry, please. From
1985 to 1987, we had meetings in Allapattah at Allapattah Middle School. We met with all of
the neighbors to ensure that they would be in favor of a...
Mayor Clark: Olympic -size...
Vice Mayor Dawkins: ... Olympic qualified certified pool; not an Olympic size pool. And then,
Mr. Gort, an ordinance amending Section 1 of Ordinance Number 9, adopted November the
17th, 1988, the Capital Improvements Appropriation Ordinance, by establishing a new project
entitled Hadley Park Pool Replacement Project Number 331349, in the amount of two million,
one hundred thousand dollars, appropriating funds in said amount for said project from proposed
issuance of City of Miami, Florida guaranteed entitlement revenue bonds, Series 1989,
containing a repealer and severability clause. That was May the llth, 1989. So this has been
going on for eight years.
187 July 14, 1994
Commissioner Plummer: A long time. Mr. Mayor, I'll make one ether point, and I'll quit for
now. Item number 5, construction of a bath house. Now, I'm no expert on bath houses. The bid
is to be awarded to Sealand Contract, and their cost on that item is eight hundred and seventy-
five thousand dollars. The company called Tafara...
Mr. Odio: Tarafa,
Commissioner Plummer: ... Tarafa. Call it whatever you want...
Mr. Odio: No, but that's the name.
Commissioner Plummer: ... is seventy-three thousand dollars.
Mr. Odio: You are wrong.
Commissioner Plummer: Sir, L. Something is wrong.
Mr. Odio: Well, look at all the other prices. You...
Commissioner Plummer: I quit with that. There is a discrepancy of eight hundred and two
thousand dollars between the two bids.
Mr. Odio: But not in the bottom line. They came out high.
Commissioner Plummer: Mr. Manager, forget about the bottom line.
Mr. Odio: He's got to deliver this finished product, Commissioner. I don't care how much he
puts in a line item for a bath house, as long as he delivers the bath house for the total price.
Mayor Clark: All right. Do what you want to do. Do what you want to do. We're going to...
Commissioner Plummer: I'm asking you, Mr. Manager, to inquire of both parties and report
back to this Commission where the discrepancy occurred, please.
Mayor Clark: All right.
Mr. Williams: Mr. Mayor, it is the recommendation of the Chief Procurement Officer that you
approve the finding that this protest received from Met Construction on July llth is without
merit. The premise of their protest is that the low recommended bidder, Sealand Contractors,
Incorporated, had a, basically, a tabulation error, in that the sum of their individual hid items did
not equal the total. We looked at that very carefully. We reviewed all the documents. We find
that it... The difference was where overhead was carried, and, in fact, the amount presented and
recommended, either way, would he the lowest responsible and responsive bid.
Mayor Clark: Ron, listen to this. In essence, Sealand has submitted two bids. Is that right?
Unidentified Speaker: Yes.
Mr. Williams: No, that's not correct.
Mayor Clark: That's what they charge.
Commissioner Plummer: No, they have.
188 July 14, 1994
Mr. Williams: No, they have not submitted two bids.
Commissioner Plummer: They've... Excuse me. One through... Items 1 through 15, and the
second page is items 1 through 3.
Mr. Williams: Right. They bid...
Commissioner Plummer: That is two bids.
Mr. Williams: Yeah. 'Their bid is two million, four hundred and forty-eight thousand, four
hundred and fifteen dollars, Mr. Mayor. We reviewed those documents. We find that because
they carried overhead differently, either way, the difference between... The difference of a
hundred and fifteen thousand dollars in overhead still makes Sealand Contractors the lowest
responsible and responsive bid. 'Therefore, we would recommend that the City Commission
approve the Chief Procurement Officer's finding.
Commissioner Plummer: Is that with the overhead, the two-four?
Mayor Clark: What is the pleasure of the Commission?
Commissioner De Yurre: Mr. Mayor, I would like to ask a couple of questions on this. What
does the law require? Does the law say take the bottom line figure, or take the addition of the
items?
Commissioner Plummer: No.
Mr. Williams: Essentially, Commissioner, the bid document itself says that we should take the
final bid tabulation.
Commissioner Plummer: That was supposed to have been changed.
Mr. Williams: Now, what happens is, and has happened in the past, when contractors, or
bidders, or vendors will submit a line item detail, sometimes they don't match. In this case, we
found the difference to be in overhead. The bottom line, total amount of two million, four
hundred and forty-eight thousand dollars continues to be the lowest bid.
Commissioner De Yurre: OK. Now, if I read this correctly, it says here base bid is the total of
the prices quoted for items 1 through 15.
Mr. Williams: That's correct.
Commissioner Plummer: Correct.
Commissioner De Yurre: So you take the 15 items and you add them up. Whatever comes up,
that is your bid. OK? Correct?
Mr. Williams: That's usually the way it is, yes, sir.
Commissioner De Yurre: OK. If there's a discrepancy between the addition of those fifteen
items and the number that is put down as the total bid price, my understanding is that the
addition of the fifteen items should be taken as the bid price.
Mr. Williams: No. If there's a reasonable explanation or reasonable difference, Commissioner,
certainly, we would look at that, and in this case, we did review the documents.
189 July 14, 1994
Commissioner De Yurre: OK. Now...
Mr. Odio: Let me answer your question, Commissioner, in another light, because you have to
look at the whole bid document. It says here, in description of proposal, prepared by an
architect, the price hid for each item is for informational purposes only, and shall include all
costs for materials, equipment and labor to perform the work, and furnish the City with properly
constructed features meeting code requirements and accepted standards of good workmanship.
So you only need the bottom line. They have to hold whatever the bottom line they put in there.
Commissioner De Yurre: Well, then what is this eight-o-five that is here? It says base bid is the
total of the prices quoted for items l through 15?
Mr. Odio: Fine. But as it says here in the description of the proposal, that is only for
informational purposes.
Mr. Williams: In the bid document.
Mr. Odio: Right.
Commissioner De Yurre: Are you telling me, then, that we have screwed up in giving
instructions?
Mr. Odio: No, sir. They are here, very clear.
Commissioner De Yurre: No, what about this one?
Mr. Odio: They have a prebid conference... They have a prebid conference.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Please, please.
Commissioner De Yurre: OK. No, but let me follow up, and you can come right in. My
concern is one which I believe is quite legitimate. If there's a price that comes in in the middle
of these two that they're giving, what do you do then? If there's a hundred and fifteen thousand
dollar difference, correct?
Unidentified Speaker: Hundred and fifteen.
Commissioner De Yurre: Mm-hmm, a hundred and fifteen, one -one -five. Correct?
Mr. Williams: That's correct.
Commissioner De Yurre: Let's say that somebody comes in between those two figures. Let's
say they come in like sixty thousand dollars, in the middle.
Mr. Williams: Sure.
Commissioner De Yurre: What do you do with that?
Mr. Williams: We would follow the bid document. And I believe it clearly states that the final
total tabulation would be considered the final bid.
190 July 14, 1994
Commissioner De Yurre: OK. Now, let me go to the next question. Do you have to go beyond
what is presented as the hid to confirm the numbers, or is that included in the actual package
that's presented?
Mr. Williams: That analysis was done. It's my understanding, basically, you provide - you
review what they provided there.
Commissioner De Yurre: OK. You don't go for backup information to bring in additional, how
they came up with these numbers.
Mr. Williams: We, the Department, takes that presentation as being factual
Commissioner De Yurre: OK. Now, Mr. Mayor, my problem with this is, if there's ever an
issue that should never he an issue, it's the. price. You know, we can talk about everything else,
there was an error here, a correction there, you didn't cross this "T" or dot this "I," but there
should never he a question about the bid price. If you have to ask, which is your bid price, I
think that it's not an acceptable bid that's being presented. There should never he a question
about what is your price.
Mr. Williams: Commissioner...
Vice Mayor Dawkins: Mr... Hold it. Mr. Mayor, please. You know, it's amazing when you
been here, what you go through. OK? This pool has been trying to he built since 1988. OK?
October the 12th, 1989, Commissioner De Yurre asked that I loan Theater Marti a half a million
dollars to make repairs to Theater Marti fro n the pool money. Since we knew that we were
drawing plans and all, we let them have the money. Commissioner De Yurre didn't go through
this, all of this for what lie needed. OK? Again, when Commissioner De Yurre wanted to build
Curtis Park, I let him have the money, because we were still waiting to build Hadley Park. Now,
all of a sudden, when the Manager had to have money, we were still waiting, we had this two
million dollars in the wings, Motion Number 89-941, a motion approving in principle a five
hundred thousand loan to Theater Marti, to came from Hadley Park Pool, to he paid hack at two
percent interest. OK? Then you go again, and the Manager, because we had to pay some kind of
a fund, the City had to pay... What was it, Mr. Manager?
Mr. Odio: I don't remember, but we did borrow monies, and we agreed we would put it back
into Hadley Pool.
Vice Mayor Dawkins: Hold the point. That had to be paid because we had to pay it because it
was due. All right?
Mr. Odio: I don't remember, I don't remember...
Vice Mayor Dawkins: And all the while, this money was being loaned from the Hadley Park
Pool. Now, since eight years, we finally get to the point where... And again, Mr. Mayor and
fellow Commissioners, when we were ready to go out for the pool, the neighbors decided that
they wanted to use the boxing gym. So the Manager said, fine, put it out for hid again, and bring
it hack with that boxing gym. And now, we finally are going to give the neighbors, who some of
them are here, the park, the pool that we promised them. And yet, we find everybody up here
trying to find excuses why not to do it.
Mayor Clark: I'm not familiar...
Vice Mayor Dawkins: I mean, I don't know.
191 July 14, 1994
Mayor Clark: All right. Let's move forward. There's a motion on the floor. 'Two questions. Is
this... What's that? I think these people: here stated their position.
Ms. McNally: Excuse. me, Mayor. There's one more point I would like to make. As you know,
Met Construction has clone business: with the City for a long time, and it's always been our
experience that the written out pricee has been the final price. In these fifteen hid items, you
wrote out the price, and the hose bid was just a figure number, and it's been our experience - I
know we haven't had all of the experience - that they will take the written out prices, acid those
up, and that's your base hid. And that's really my last thing; that I have to say on this.
Mayor Clark: All right.
Major Threlkeld, Jr.: Excuse me, Mr. Mayor, I'd like to speak. My name is Major, Junior,
Major Threlkeld Junior. I live at 1714 Fletcher Street, Hollywood. As my older sister stated,
whenever this has ever come up, and I've been, you know, watching the City bids the past ten
years, it's been my experience that almost every time when there's been a discrepancy of this
kind, of this magnitude, the Commission has always thrown the hid out, almost always. I can't
recall one time when there's been two prices, where they've decided to take the one that they
feel like, where twice in the hid, it says that the base hici will he taken from items 1 through 15.
It says it in the hid twice; not only once, but twice. I don't know else how to say it, but the City,
if they're going to start changing the way they've been doing it for the past, at least eight to ten
years, it seems like they've always thrown the bids out when there's been a discrepancy in the
money, especially a hundred and ten thousand dollars, or a hundred and fifteen.
Mayor Clark: All right.
Commissioner Plummer: May I ask...
Mr. Odio: May I answer...
Commissioner Plummer: Does the two million million, four -four -eight include the discrepancy,
or it does not?
Mr. Williams: It includes the bidding...
Commissioner Plummer: In other words, their actual bid was a hundred and fifteen thousand
less than this amount?
Mr. Williams: No. Their actual bid is the two million -four, Commissioner Plummer. The
tabulation or the sum of the items did not include the overhead. But we met with the
Department, we met with the Law Department and discussed it, and we feel that...
Commissioner Plummer: OK. Then, let me ask...
Mr. Williams: ... the proper way to do it is the way we've presented it to you.
Mayor Clark: All right. Let's hear from the rest of these people. Then we can do all of our
chopping we want to.
Mr. Threlkeld: Mr. Mayor, I've got one more item. In the response letter to our protest, it states
in here that the difference is overhead. I'd like to know whose decision was it to say that that's
overhead.
Mayor Clark: I don't know.
192 July 14, 1994
Mr. Threlkeld: I think it's a matter of when you put your bid in, your profit and your overhead is
included in your line items. I don't think that that's a...
Mayor Clark: All right.
Mr. Threlkeld: I'd like to know who decided to make that...
Mr. Odio: Let ine... Excuse me, excuse me. Before we go on, I have to put on the record that
Met... Are you Met?
Mr. Threlkeld: Yes.
Mr. Odio: You're not even responsive. You're a nonresponsive hid.
Mr. Threlkeld: We have not been notified of anything of that.
I
Mr. Odio: You are a nonresponsive... I'll notify you right now. You don't have the minority
participation as you were requested, did not list the thirty percent of subcontractors black set
aside, and you did not have an affirmative action policy plan included in your bid.
Mr. Threlkeld: OK.
Mr. Odio: So therefore, you are nonresponsive.
Mr. Threlkeld: I still don't... I still stand upon the same ground. I still think that Sealand
Contractors is a nonresponsive bidder, and they still should he thrown out.
Mayor Clark: All right. Thank you, sir.
Commissioner Plummer: Mr. Manager, I'd like to ask, if I may...
Mayor Clark: Please, now, let's move.
Commissioner Plummer: Oh, I'm sorry, I thought they were finished.
Ms. McNally: I'm sorry. One last thing is, the City did notify us on our affirmative action
policy, and they allowed us to turn it in a day late, and we did do so.
Mr. Williams: Well, let me correct the record, Mr. Mayor. It arrived in my office during the
break this afternoon, after one o'clock. I was there when the documents arrived.
Mayor Clark: All right. Very good. Let's hear from this gentleman right here.
Mr. Ira Libanoff: Thank you. Mr. Mayor and Commissioners, my name is Ira Libanoff, of the
law firm Libey, Friend, Libanoff and Brandt. I'm here representing Sealand Contractors. If
there's any questions you have regarding this hid... I was going to point out just what the
Manager pointed out, which is Met Construction is not a responsive bidder, and doesn't even
have standing here to bring any of this before you. Sealand is a responsive bidder. I would just
want to point out that the hid document has a line item for the base bid. Everyone had a list,
what their base bid was. Sealand's base bid was the two million, four hundred and forty-eight
thousand dollar figure.
Mayor Clark: Thank you, sir. Yes, sir.
193 July 14, 1994
rf ,
Mr. Dewey Knight, III: Mr. Mayor.
Commissioner Plummer: The... Oh, I'm sorry. Please, go ahead.
Mr. Knight: Mr. Mayor, my name is Dewey Knight, 111, 829 Northwest .55th Street. I'm a
volunteer with the Liberty City Optimist Club. Mr. Sam ,Johnson, the president, was supposed to
be here to speak to you today. However, we have an unfortunate, but fortunate situation. Our
team is in the championship, representing the City of Miami in West Kendall today, in hopes of
going to the national Little League championship with two more games. Mr. Johnson... Mr.
Johnson has asked, and we ask that this item he deferred, based upon the fact that you or
Commissioner Gort have not sat down and talked with many people who have concerns about
building another pool, Olympic sized pool in Iladley Park, when there are so many other needs
in that area. The Liberty City Optimist Club services over six hundred people, five: hundred
youth in Hadley Park, and they have talked to C'onunissioner Dawkins and others about building
a inultiuse center. So has the AARP, who meets in a small huilding, half in and half out, with no
air conditioning. We suggest to you, yes, a pool is very important, but we have to save the lives
of these youth. We need a place where we can have tutoring, we need ► place where we can
have computer rooms, have guest speakers like yourselves comc in and talk, counselling. Those
things are more important at this day and age. We believe- that we need a place where the kids
can spend time, instead of heing on the street and killing our good citizens, that they can have a
place where we can work with their minds, and try to get them involved in positive things.
We're asking you today to defer, so that you can hear our plan. Commissioner Gort, I am told,
has visited the Urban Park Plan in Orlando, that services six hundred kids in several parks, every
day, feeding them, sponsoring, tutoring. These are the things that we need. Swimming is
important. Less than one mile away, you have already built Athalie Range Pool, an Olympic
sized pool. Swimming is important. But it -'we can control the minds of these kids, spend time
tutoring these kids, spend time with not only sports, but academics. We have the AARP, which
has so many talented ex -teachers who want to volunteer their time to tutor these kids. These are
what we need. That was a bad policy from the beginning. It is still a bad policy. It's a waste of
the City of Miami's money. We will never spend three million dollars on parks in the City
again. I believe that another bond issue will never pass. If we spend that money on that, we're
wasting the time and the kids. All of them don't swim. A lot of them can't swim. You can't
swim year-round. You have a pool that's just finally being used at Athalie Range, and Hadley
Park already has a pool that you spent three, four hundred thousand on about five years ago. If
you look at the best use for this money, I suggest to you, and if you are a good citizen and a
policymaker, that that is not the right use for that money. And I beg you to give us an
opportunity to bring some five hundred parents here who are now celebrating and pulling our
kids in here to tell you and to show you the plan that we have, a real urban park program to help
the citizens and the students of this community. Thank you.
(APPLAUSE)
Vice Mayor Dawkins: May I respond? You know, it's amazing, again. You can come down
here and talk about what can be. Now, I don't know where Mr. Knight was, I don't know where
Mr. Johnson was, and I don't know where half of you were when we went into the community
and asked the community if they were desirous of us having in Olyrnpic-sized, Olympic,
qualified pool, in which black youth in that neighborhood would be able to swim competitively,
and learn how to compete for scholarships. Now, at that time, I don't know if Comiissioner De
Yurre was here or not. I think he was. Ms. Lorie Weldon (phonetic) and Reverend Dunn came
before this Commission and said, "Range Park is overcrowded, the youth in Range Park cannot
swim in Range Park, they can only stand up in the water. So therefore, we demand that you
build a larger pool in which youngsters can swim and not just stand up. So again, the Hadley
Park Pool was put on the back burner, because we had residents in the area who said the children
had no place to swim. So we built a larger pool, which they say is an Olympic -sized pool, in
194 July 14, 1994
which kids could swim. Now, you heard Mr. Knight say that you have a pool at Hadley Park.
What Mr. Knight did not tell you is that at the Knight Center, right now, i earl take you out there,
and the pool is so crowded until the: lifeguards have the youths swimming in waves. They put
"X" number of kids Oil the east side of the pool, they put "X" number of people on the west side
of the pool, and they put "X" number of people on the north side of the pool. And they let each
group swirls fifteen minutes, and that group comes out, and another wave goes in. And you hear
Mr. Knight say you don't need a pool. Mr. Knight hasn't been out there. OK?
Mayor Clark: All right.
Vice Mayor Dawkins: But yet and still, it's amazing, and I'd just like to hear two people from
the community who says that... And one thing I'd like to ask all of us. I'll ask the Manager.
This money is appropriated for a pool. OK? If Mr. Knight and those decide that they want a
youth center, what's the first procedure, Mr. Manager?
Mr. Odio: You have to... It has come, approved by you, to change the funding from one to the
other.
Vice Mayor Dawkins: OK. And... No, you can't quit there, OK? And then you have to go out
forbids. So you're talking; about how long?
Mr. Odio: Oh, sure. No, no, you're talking about another six months to a year.
Vice Mayor Dawkins: Or two years, right?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Now, is it possible, just for my information, that this money is going to
sit there waiting for... that this pool money will sit there waiting for us to build a youth center?
Mr. Odio: Unless... Yes, it would have to sit there.
Vice Mayor Dawkins: You can make it sit there. OK.
Mayor Clark: Mr. Johnakin.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin, 1345 Northwest 51 Street. Mr. Vice
Mayor and to the Board of this Commission, I must say at this particular time that I'm a little
confused here. I hear Mr. Knight. My thing is, I was elected, just like each one of you all, and I
cover the whole Model City Crime Prevention area. My thing is, then, is to work with each
people, each association that's in that area. I hear Mr. Knight saying that the AARP... I don't
know what's going on there, when their members been calling; me, asking me to come down to
represent, making sure that we get this pool. I don't understand this part. I met with Mr.
Johnson. I told Mr. Johnson that the money, ever since 1988, has been allocated for Hadley
Pool, and I think that we should go ahead on with that pool. I'm here representing the
Allapattah - not the Allapattah - the Hadley Park Homeowners' Association, with the Edison
Center Homeowners' Association, which comes over in the area with the CAA Community
Action Line, which have the groups that it comes over in the area. I represent quite a few of the
groups that are here. And 1 think it's a shame here today, what I'm hearing, that we're arguing
over or come here and been a big discussion over money that have been allocated for a pool, and
we know, we know how hard it was for us to even receive that money. So what we going to do?
Are we going to prolong and keep prolonging on this pool for months, and months, and months?
We been waiting ever since 1988. This is what some of the people have told me. I'm not here
taking any sides. I'm just like one of you all. I am elected, and I have to come here and just tell
195 July 14, 1994
it like the people is telling me. They want the pool out at Hadley Park, and these senior citizens
have as much right to he recognized as our teenagers out there now. I see those people sitting
out the door in the heat, in the rain, every day have to get up and close the. door. Then all this
heat. There's nothing there. 'There's no air conditioning for these senior citizens. My God, we
cannot forget about the senior citizens, too. If you're going to forget about the senior citizens,
you're forgetting about me, because ]'in a senior citizen. So I ask. this Board here, that I'm here
representing these people. I'm not here taking sides. This is what they want. They want this
pool to he at Hadley Park. And we keep on going; like this, we going to lose out.
Mayor Clark: Thank you. All right. We're going; to come to a...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: Where's that'? Yes, sir.
Mr. George Stanley: Mr. Mayor and Commission, my name is George Stanley, 4930 Northwest
15th Avenue. fill here representing the Homeowners and Residents Association of the Hadley
Park. Frorn 1988 tip till tonight, we have been working, and striving, and waiting for this park.
We had a meeting at the Allapattah Middle School several times discussing the pool. We need
the pool. I am also a member of the AARP that meet in Hadley Park. With the meeting room
showing the diagram, and with tile pool, we can have meetings in there. You know, this pool is
going to mean more than just swimming. It take care. of the community. And this is what we
need, and I'm here representing that section.
Mayor Clark: All right. Thank you, sir. All right. What's the pleasure of the Commission?
Vice Mayor Dawkins: I move it.
Commissioner Gort: You got two items...
Mr. Jones: Wait, wait. Before you vote on it, you need to be deal with the protest.
Commissioner Plummer: We got to do the appeal.
Vice Mayor Dawkins: OK. I move to follow the Manager's recommendation.
Commissioner Plummer: On the denial.
Mr.Odio: Denial.
Commissioner Plummer: I second the motion. They obviously did not meet the requirements
and se la vie.
Mayor Clark: Cast a unanimous ballot, Madam Clerk, on the denial of the appeal.
196 July 14, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-538
A RESOLUTION, APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF MET CONSTRUCTION, INC., IN
CONNECTION WITH BID NO. 93-94-132, HADLEY PARK OLYMPIC POOL
COMPLEX, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on file in the Office of the City
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: All right.
Mr. Odio: On item 57, we recommend that we award the contract to the lowest bidder, Sealand
-Contract Company.
Mayor Clark: Let me ask just .two questions only with short answers. Are they properly
bonded?
-Mr. Odio: Yes, sir, they meet all the requirements.
Mayor Clark: Meet all the requirements.
Mr. Odio: They are a responsive bidder.
Mayor Clark: Minority concept and everything else. Right?
Mr. Odio: Yes, sir.
197 July 14, 1994
12
Mayor Clark: All right.
Commissioner Plummer: Unfortunately, they're not a City of Miami, nor even Dade County
company. That's the real unfortunate.
Mr. Odio: They do...
Commissioner Plummer: Mr. Manager, let me ask, if I may, the hid of two million -four,
construction, inspection and management is an additional two hundred and twenty thousand
dollars, bringing the total hid to two million, seventy twenty, seven -seven -two. Now, what is
that additional two hundred and twenty thousand dollars for?
Mr. Wally Lee: That is staff expenses and inspection.
Commissioner Plummer: What are you doing for two hundred and twenty thousand dollars?
Mr. Lee: Inspecting the construction of the pool every step of the way, Commissioner.
Commissioner Plummer: They can sure find cheaper than you.
Mayor Clark: All right.
Vice Mayor Dawkins: Move it. Move the Manager's recommendation.
Mayor Clark: Is there a second?
Commissioner Plummer: I seconded the motion. Mr. Mayor, I was here in '88, and I understand
what Mr. Knight is saying, and maybe what this Commission needs to do is to further, this
Commission, for those that are here and the ones that are new, made a commitment, and that
commitment was to the people, to build a pool. And I think this is nothing more at this time than
living up to that commitment which we made to the people of that community.
Mayor Clark: Move forward. Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-539
A RESOLUTION ACCEPTING THE BID OF SEALAND CONTRACTORS, INC., IN
THE PROPOSED AMOUNT OF $2,448,415, TOTAL BID OF THE PROPOSAL, FOR
"OLYMPIC POOL COMPLEX AT CHARLES HADLEY PARK - B-6211";
ALLOCATING FUNDS THEREFOR FROM THE FISCAL, YEAR 1993-94 CAPITAL
IMPROVEMENT ORDINANCE NO. 11139, AS AMENDED, PROJECT NO. 331349,
IN THE AMOUNT OF $2,448,415 TO COVER THE CONTRACT COST AND
$272,357 TO OVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
COST OF $2,720,772, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SAID FIRM.
198 July 14, 1994
(Here fellows 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 Wit'redo Gort
Commissioner Victor De Yurre
Comm issionerJ. L. Plummer, Jr.
Vice Mayor Miller.). Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: I'd like to explain my vote. I understand the wards that the young
individual has in there, but at the. same time, this is a process, and my understanding is it's been
going on for five or six years. This should have been brought before the RFP (Request for
Proposals) went out, and they had plenty of time to bring it out. I think we should work with
them and find a facility to do the same thing; we're doing. Right now, we're working with the
school system, where we're establishing programs with the school system to help to educate
those individuals with their homework. For those reasons, I vote yes.
Commissioner De Yurre: I'd like to say that there's one thing that I believe that we do need, is a
youth center. And we've been working to put one. in Curtis Park. Again, we made a promise to
build a swimming pool in that area, and it's been long; overdue. And if we made a commitment,
we got to come through with that. But I would like also to see the possibility of building some...
a component along with that pool, or something of a youth center capability. That park is big
enough to more than house a building; that could provide that kind of entertainment and service
to that community, and in general, which is an area that covers Allapattah, that covers Liberty
City, and so on and so forth, that it's pretty much centralized, that we look to augment, not just
with the pool, but possibly some type of youth center that can be put into that area. I vote yes.
Mayor Clark: I vote yes. I hope it doesn't take eight years to get this pool built. I vote yes.
199
----------------------------------------------------------------------------------------------------------------
66. (A) DENY APPEAL OF STEVEN POLAKOFF AND MICI4AEL
CARVER -- REVERSE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DECISION WHICH AUTHORIZED A
CERTIFICATE OF APPROPRIATENESS FOR CONSTRUCTION OF
A WALL, FENCE AND DRIVEWAY AT 759 N.E. 57 STREET
(WITHIN MORNINGSIDE HISTORIC DISTRICT).
(B) GRANT APPEAL 01' JESSE 1-1. DINER, PIERCE 1-1. MULLALLY
AND JOHN R.W. PARSONS -- REVERSE HISTORIC AND
ENVIRONMENTAL: PRESERVATION BOARD'S DECISION
WHICH HAD AUTHORIZED A CERTIFICATE OF
APPROPRIATENESS FOR CONSTRUCTION OF A WALL, FENCE
AND DRIVEWAY AT 759 N.E. 57 STREET (WITHIN
MORNINGSIDE HISTORIC DISTRICT).
Mayor Clark: Next item, 58.
Commissioner Plummer: If I'm not mistaken, Mr. Mayor, 58 and 59 are one and the same; is
that correct?
Unidentified Speaker: Yes.
Mayor Clark: All right. Let's hear from the...
A. Quinn Jones, III, Esq. (City Attorney): They involve the same, but just keep in mind, they're
the same subject. They're two cross -appeals. Now, for purposes of hearing, you can consolidate
them, but do keep in mind that you have to take two separate votes on each item, a separate vote
on each item.
Ms. Sarah Eaton: Mr. Mayor and members of the Commission, I'm Sarh Eaton, the Preservation
Officer for the City of Miami. I'd like to give you a little hit of orientation to the project, just so
everyone knows where this is located. The property at 759 Northeast 57th Street is located in the
Morningside neighborhood at the intersection of North Bayshore Drive, Northeast 57th Street
and Biscayne Bay. The property consists of two lots; the larger lot here, on which the house is
located, and a small lot here at the end of Northeast 57th Street. This lot, which measures
seventy feet by forty feet is a platted lot, and is under the same ownership as the property next
door.
Mayor Clark: We'd better find a better microphone than that, Mr. Manager, somewhere along
the line. Continue.
Ms. Eaton: The items before the City Commission today are two appeals of a decision of the
Historic and Environmental Preservation Board. One appeal, which is item number 58, was filed
by the owners of the property. The second appeal, which is item 59, was filed by the neighbors.
At issue is the construction of a CBS wall and a wrought iron fence, and where these should be
placed on the property. As you can see on the map, the owners requested a wall and a fence
located on the line that's shown in green.
Commissioner Plummer: Blue?
200 July 14, 1994
a]
Ms. Eaton: In green.
Commissioner Plummer: Green. That's on his property.
Ms. Eaton: That's on his property, correct. The section at the end of 57th Street is wrought iron.
Most of the remainder is CBS. The Historic and Environmental Preservation Board approved
the construction of the wall and fence, but rc-quired that the wall he set hack in a line even with
the facade of the house. That is the 'fine that's shown in pink, and the entire section across the
parallel with Biscayne Bay would he wrought iron. The neighbors have proposed a wall along
the line that's shown in blue. That is in a line even with the facade of the house, with no fence at
all across the end of 57th Street. Stain recommends that the City Commission modify the
decision of the. Historic and Environmental Preservation Board hy, one, upholding the appeal of
the owners concerning the location of the wall only; and number two, by denying the appeal of
the neighbors. The proposal presented by the owners is consistent with the historic and
architectural character of the Morningside Historic District, and with other hayfront lots in the
neighborhood. The proposed wrought iron fence and the hoard's requirement that no shrubs
higher than eighteen inches at maturity he planted behind it will result in the preservation of the
vista towards Biscayne Bay. The Historic and Environmental Preservation Board based its
decisions on its guidelines that prohibit fences or walls between the sidewalk and the front of the
house. These same guidelines, however, do allow exceptions that are based on unique
circumstances. This property is probably the most unique in Morningside, and it's the only one
with a lot at the end of a cul-de-sac. The character of the hayfront lots is different than the
interior lots in Morningside. "The Board's guidelines for walls and fences do not address these
lots. All of the lots on the hay, except for one, have fences, walls or hedges between the front of
the house and the sidewalk, either partially or totally blocking the view of both the house and the
bay. Based on this analysis, staff recommends that the appeal of the owners he upheld in
reference to the placement of the. wall. However, we do recommend that the board's
requirement, that no shrubs higher than eighteen inches he planted behind the wall, he kept.
Thank you. I'd be happy to answer any questions.
Commissioner Plummer: Did you say what kind of wall that you're recommending?
Ms. Eaton: As proposed by the owner, a wall along 57th Street and...
Commissioner Plummer: No, but I mean what kind?
Ms. Eaton: A CBS wall, a decorative CBS wall.
Commissioner Plummer: CBS wall, how high?
Ms. Eaton: Five feet.
Commissioner Plummer: Five feet. Now, answer...
Mayor Clark: Wrought iron. Wrought iron.
Commissioner Plummer: It's not wrought iron, now. She's saying concrete. That's why I
asked...
Ms. Eaton: No. At the end of 57th Street...
Commissioner Plummer: Yeah.
Mayor Clark: Wrought iron.
201
July 14, 1994
Ms. Eaton: ... would be wrought iron.
Commissioner Plummer: OK. Show me exactly.
Ms. Eaton: This section here is wrought iron; from here to here is CBS; and from here to here is
wrought iron.
Commissioner Plummer: OK. Now, looking at that which is in blue, proposed by the owners.
Ms. Eaton: Blue is proposed by the neighbors.
Commissioner Plummer: By the neighbors. All right. If that were to be the case, how high is
that recommendation, and what is that wall?
Ms. Eaton: The neighbors would have to answer that. I believe they would accept either a CBS
wall or fence.
Commissioner Plummer: Is that five foot.
Ms. Eaton: At five feet, I believe.
Commissioner Plummer: OK. Does that not, as I see it here, separate the two properties?
Ms. Eaton: Yes, it does.
Mayor Clark: OK. All right. We'll hear from... You got two appellants here or two people,
two different sides, right? We're going to hear them all together, so take your best shot.
Commissioner Plummer: Who's 58?
Mr. Earl Gallop: Thank you, Mr. Mayor. I'd like to...
Mayor Clark: Give us your name and address.
Mr. Gallop: I will. My name is Earl Gallop. I'm a partner with Bailey, Hunt, Jones and Busto.
Commissioner Plummer: Mr. Mayor, it's appropriate, anybody that's going to testify be sworn
in. It's a zoning matter.
Mayor Clark: Anybody who may testify, just put up your right hand. Madam Clerk?
Commissioner Plummer: Including the attorneys - excuse me - including the attorneys have to
be... More so the attorneys.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: OK. Now, proceed. How to win friends and influence your enemies. Go ahead.
Mr. Gallop: Thank you, Commissioner Plummer. I always wondered why lawyers got a waiver
on swearing to tell the truth. I'd like to propose some ground rules, if I may, Mr. Mayor, before I
begin. Since there are two appeals and they both involve the same subject matter, I'd like to
202 July 14, 1994
propose the following order of presentation. One is that we have a short opening statement, that
we present our witnesses - we have seven witnesses which we'll keep short.
Mayor Clark: They will he short. I'll control that.
Mr. Gallop: I understand. That we... That at theend of presenting all of our witnesses, that if
the other side cares to, they can cross-examine them; that we make a short closing statement; and
then the same order is repeated with them, and that we have a final rebuttal atthe end.
Mayor Clark: All right. We'll run it right. You just go ahead and make your presentation.
Mr. Gallop: All right. Thank you.
Mayor Clark: You're representing who now? The owner?
Mr. Gallop: 1 represent the owners of the property, who are Steve Polakoff and Michael Carver.
They're also the applicants for the certificate of appropriateness, to allow the placement of the
wall, the fence, and the hedges around their property at certain places on their property.
Mayor Clark: The green wall. They're talking about the green wall now, right?
Mr. Gallop: That is correct. We're talking about the green wall right here. This is the wrought
iron fence at the end of the cul-de-sac.
Mayor Clark: Go ahead.
Mr. Gallop: Five foot wrought iron fence. This is a five-foot concrete and stucco wall, which is
consistent with the architectural design and style of the house.
Mayor Clark: Yes, sir.
Mr. Gallop: This is the wall from the house to the bay that is proposed by the other side, and this
is the compromise solution that was fashioned by the Board, below.
Commissioner Plummer: Do I understand, then, that the pink, which was the compromise, was
not acceptable, and that is what the basis of the appeal is by your owners?
Mr. Gallop: That is exactly right.
Commissioner Plummer: Thank you.
Mr. Gallop: We appeal on two issues. One is the placement of the wall from - the removal of
the wall from a point eight feet inside the right-of-way to a point approximately flush with the
house, which is twenty-eight feet within the right-of-way, for the obvious reasons of what that
does, to bring this property and the public domain, and we'll get into that later on. But the other
thing that we appeal also is the limitation of shrubs anywhere on the property to eighteen inches.
We do that for a number of reasons. One, it's not consistent with any historical criteria. Two is
that anybody else in the City has the right to have shrubs, and fences and walls to eight feet, and
most of our neighbors do have shrubs, fences and walls to eight feet. Some of thern are even
beyond eight feet. So we would like to have that same right also. But also, and really what this
all comes down to when you get to cut through all the legal arguments we're going to make, not
to talk against myself and so on, is that we're asking for less than anybody else in that
neighborhood has. As Ms. Caton pointed out to you, virtually all the neighbors on this side, and,
indeed, most of the neighbors all around us have walls, fences and hedges that go right up to the
203 July 14, 1994
right-of-way. They go right up to the right-of-way, and they also go up six feet, seven feet, eight
feet, and sometimes beyond. So what the petitioner is applying; for is the right to enclose a part
of his property, bring it into his control and domain for the purpose of privacy, also for the
purpose of excluding; the public from having; access across his property for fishing, and
picnicking, and for illicit activities, alI of which have occurred here.. But lie's doing it in a way
that he's asking for less than what everybody else has. Ile"s asking to enclose only the side of
his property and tile. hack of his property in a way that is completely consistent with the
guidelines that the Board follow,, the Department of Interior guidelines, and the City's
guidelines, and their supplemental guidelines, in that the location and placernent of this wall and
fence does two things. It allows a view of the facades of* this house 1'rorn every public right-of-
way, and that is the true purpose and intent of* those. guidelines, ;rid the position and location of
the fences is to allow a view; not to move them as far off the right-of-way as possible, but to
afford a view. The other tiring; that he. does is by... and he proposed this location, and he
proposed here to put a wrought iron fence. The testimony will comee out that this has never been
an open vista, that this property was the personal property of the developer, of Morningside.
And like, as you know developers of properties do, he preserved the best parcel for himself, he
preserved the biggest parcel for himself, and he gave himself special privileges that are not
burdened... He's not burdened with restrictions on other properties. The one thing that he got in
particular is he got the right to build a boathouse here. And nobody else in this neighborhood
has the right to build a boathouse. And, indeed, we'll show you the original plat, and we'll show
you our photographs. That developer did have a boathouse there. So there never was an open
vista here. And not only that, but he also had shrubs planted, the original developer had shrubs
planted all around his property. We don't know how tall they were, but they were very mature
shrubs. There are still remnants there, and there are still root systems. They were very large,
mature shrubs, so we presume they went up to at least five feet. But we're not even asking; to do
that. We're not asking to do what the original developer had there. We are trying to
accommodate the interests of the district and the neighbors, and a vista of the Bay by having this
open to wrought iron, and to accommodate our interests by having the privacy and exclusion
from the public by enclosing this in a stucco and concrete wall. Now, I have seven witnesses.
Mayor Clark: Bring them on, right now. Bring them on.
Mr. Gallop: All right. And I'd like to know, earlier today, I field with the Clerk and entered into
the record this memorandum, this appeal memorandum. I had copies delivered to your office,
and I presume you have not had a chance to see them. I'll deliver a copy to you because I see
you... We had them hand -delivered. I also delivered a copy of this to the opposing counsel, so
there's no Jennings problem with doing that.
Vice Mayor Dawkins: But you filed an appeal without hearing how we ruled. You filed an
appeal without hearing how we would rule.
Mr. Gallop: No, no. This is the... You are sitting as an appellate body. This is a de novo
appeal. So this is a... this is an appeal memorandum directed to this board.
Vice Mayor Dawkins: Oh.
Mr. Gallop: Now, I'm not going to take you through everything that's in these eighteen pages,
but there are pictures and there are exhibits that I wanted to point out to you. So I want to make
sure everybody has a copy.
Mayor Clark: Did this go before the Zoning; Board, Joe?
Mr. Joe McManus No, it went before the Heritage and Environmental Preservation Board.
204 July 14, 1994
Commissioner Plummer: Historical.
Mayor Clark: I gotcha. OK. Go ahead, bring your people up, sir.
Mr. Gallop: All right. I want to first show you a few photographs to set the stage for what we're
talking about. Then I'll bring on the witnesses, and we'll go right through this.
Commissioner Plummer: Are they cheaper by the dozen?
Mr. Gallop: First of all...
i
Commissioner Plummer: Wait a minute. I... Oh.
Mr. Gallop: This is the...
CommissionerPlummer: All right. Thank you, sir.
Mr. Gallop: First of all, this is the design plan that was submitted to the Historic and
Environmental Preservation Board that shows the architectural detail of the wall and of the
wrought iron fence at the. end of the street. Thank you very much. I'll tell you what. Let me try
it, and if I need help, I'll... Thank you. And this is the site layout that shows the orientation of
the house facing Bayshore and sitting next to Northwest -Northeast 57th Street. And this is
what they desire and intend to do for the boathouse lot at the end. Shall I pass that around to you
or just leave it up here?
Mayor Clark: No, we can see that.
Mr. Gallop: OK. Now, this is a picture of the house, and this house is a recent picture. It does
not show the shrubs that were here until recently. They were taken down by the applicants.
They will tell you more, much more about... Well, they will tell you somewhat more about that
house. This is a picture of North Bayshore Drive north, looking south, down towards where their
j property is, which is around the bend. The purpose of this picture is to point out that along
Bayshore and the lots facing the Bay are a chain link fence, a five, approximately a five-foot
high wall, shrubs, bushes, and trees, and with the vegetation the view is obstructed. And these
fences, walls and hedges go up to the lot line. They're not set hack, like we're proposing to do.
Here is a picture looking down, I believe, this is Northeast 55th Terrace, by Morningside Park,
and it shows... This is one of the Pew streets that goes, east/west streets that dead -ends on the
Bay, and at the urging of the neighborhood association, the City has heavily planted this area
here with trees, to obscure the view of the Bay. Here is a picture of the Nunnally house - excuse
me - the Mullally house, which is one of the appellants, shows that his house is surrounded by
hedges, tall hedges, at the property line. Here is a picture of the Soto house, another appellant.
Well, excuse me. He's ... He appealed as a property owner, but there's no house there. It's
directly across the street, and you can see the chain link fence, and the hedges and so on around
that, also. The last pictures I want to show you are the pictures, the area photographs of this
area. These are the aerials right here. They were taken in...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Gallop: OK. I see them right here. This aerial photograph was taken in 1970. This was
introduced at the Board hearing below, also. This is part of the City record. This 1970 aerial
photograph shows the property, and it shows the boathouse. And if you could see the detail
better, which you can't, you'll see that virtually all the houses have walls, hedges, and shrubs
around them at the property line. This is an earlier photograph, 1952, that shows the same thing,
at least with respect to the boathouse, but it's really hard to tell. It shows perhaps fewer walls,
hedges, and fences around properties, because that is part of the evolution of the neighborhood.
You know, when this property was... this development was originally built, people had hedges,
but they didn't have walls and fences. And with the change of society, increasing population,
those structures went up. Now, I'm going to introduce a number of -'witnesses. The first witness
I'd like to introduce is Marty Shapiro. Marty Shapiro is a Commissioner of the City of Miami
Beach, but lie is here in his private capacity tonight. He has a professional and personal
relationship with the applicant. ile's going to tell you a little hit about the applicant. Marty, you
might want to use this.
Mr. Martin Shapiro: Mr. Mayor and Conrrnissioners, my name, for the record, is Martin
Shapiro. I am an attorney with offices at 767 Arthur Godfrey Road in Miami Beach, Florida. As
Mr. Gallop indicated, I want to make it very clear- that I am not here in my official capacity. I
am here as an attorney who has represented Mr. Polakoff and Mr. Carver for over a year in the
conversion of some apartment buildings which they own in South Miami Beach. In that
capacity, I can attest to the type of property that they own and manage. Mr. Polakoff and Mr.
Carver are the owners of'... probahly among the largest owners of architecturally significant
apartment buildings in South Leach. In the '80s, they recognized early on the importance of the
art deco movement in South Beach, and they acquired some of the finest properties that illustrate
the art deco architecture. in Miami Beach. And the properties; that they have restored have been
done with great sensitivity, with an eye towards preserving the art deco architecture of the '30s,
and they have been a significant force in the preservation movement in the. Art Deco District.
And our community, and those of us who are familiar with the real estate business in Miami
Beach, are familiar with their contribution and their devotion to historic preservation. Thank you
very much.
Mayor Clark: Thank you, Mr. Commissioner.
Mr. Gallop: Our next witness will he Mr. Raul Sarraff. Mr. Sarraff. Excuse me. Let me pull
this out of the way. Thank you.
Mr. Raul Sarraff: Mr. Mayor and Commissioners, my name is Raul Sarraff. I am a real estate
broker in Miami Beach, associated with JFI Investments, and I have known Mr. Polakoff and
Mr. Carver since 1988, when they came to Miami Beach from New York. They have
refurbished approximately twenty-one, twenty-two buildings in the Art Deco District, a lot of
which I have sold them, and I have worked closely with them for the last six, seven years, and
they have always been very conscientious in their efforts of the renovations that they have done
in the City of Miami Beach, and have been a hig asset to the City, in terms of the development
movement in the Art Deco District. I think that what they are proposing to do in their residence
in Morningside is very tasteful, and 1 have looked over the plans, and I was just here as a
character reference for them. Thank you very much.
Mayor Clark: Thank you, sir.
Mr. Gallop: Thank you, Mr. Sarraff. Our next witness...
Mayor Clark: Are the two principals here? Are these gentlemen here?
Mr. Gallop: Our next witness is Mr. Polakoff, the principal. The other principal, Mr. Carver, is
not here tonight.
Mayor Clark: All right.
Mr. Gallop: Mr. Polakoff.
206
July 14, 1994
Mr. Steven Polakoff: I'm Steven Polakoff, and I reside at the corner of North Bayshore Drive
and Northeast 57th Street. I want to thank you all in advance for your time and effort you are
going to take on this application. I don't think it ever should have come here, wasting your
valuable time, which obviously could be hotter spent on civic matters of greater importance. I
am confident that you wilt find that the historical facts presented here. today and the applicable
laws are clear and compelling, and perhaps ye�u will be as confused as i am. I really am
confused about all the needless hysteria and why we're here. today. Briefly, by way of
background, after spending nine months restoring one. of Morningside's architectural treasures, I
have applied for privacy fencing and walling; in my backyard. My application is in compliance
both with historic guidelines and Miami zoning laws, and is considerably less, in terms of
privacy, than the vast majority of my neighbors have, including some of the neighbors that have
appealed my application today. To give you, briefly, some background. I have all the pictures of
everything that I'm going to be doing. The one thing I want to emphasize, really, is that one of
the objectives in restoration... And before i came to Miami Beach to do it, i did it in Back Bay
Boston, and before that, tiie upper side. of New York City, in Manhattan. One thing about
preservation that I've learned over the twenty years i've done it, is, is to preserve something for
the public, as well as to upgrade private property for a new use, or for a continuing existing use.
I am very much pro -preservation. I sit on several committees that developers find to be a pain in
the ass, to be quite frank. What I'm asking for here is very consistent with my principles. I
don't apply them differently to myself than I do to the properties that i restore or that. I do when
I'm listening to other people's applications. The architect's going to go over exactly the
significance of what we're. doing here, and how it enhances the house. The only thing else that's
left for me to say is that there exists here a vocal minority that's present here today, for reasons
that I do not understand, and which have nothing to do with historic preservation. "They've
mounted a campaign of a very personal attack in nature against me, those people who have
supported my application, and even some City employees. This group has apparently decided
that if they want something, they will have it, regardless of whether or not they have any factual
or legal basis for their agenda, and regardless of the tactics they're going to use to accomplish
their agenda. They have threatened City employees with loss of their jobs for taking stands in
favor of the application. They have issued physical threats against neighbors for taking stands
in favor of the application. They have sought to meet with some of you to seek confiscation of
my property via what's known, which I don't understand, a pocket agenda. But I've... They've
circulated false petitions in the neighborhood about preserving public vistas in Morningside,
falsely inferring or stating that my property was already dedicated to public use. They have
sought a permanent public easement across my property by preventing me from fencing. in fact,
that's... their proposal, which is the blue line, essentially fences me oft' from more than ]calf my
own property. So 1, through... It's really a confiscation without compensation, that's all it...
That's all I can think that it could be, because Fin now walled off from half my property, where
a boathouse, with the boat slip, everything of mine exists. And the boathouse isn't there
anymore. It blew away sometime in the '(ills during a hurricane, but it certainly... it certainly
existed. It's on... It's on this... That's the 1935 plat book for the City of Miami. This is a bona
fide copy of the proper page that had my house on it in 1935. That's that yellow dot with the
boathouse down at the end. The property was always used for private purposes. It was owned
by... It was owned and been used by the four owners of this house. I am the fourth owner. All
the events I've talked about, all the threats, all the hate mail I've gotten, all these are a matter of
public record. I have been counselled by my attorneys not to bring this up, but we will win on
the law and the facts alone. But I've got to tell you that I would really... This is difficult for me.
I would really be disingenuous to how I was taught and how I was brought up to let these things
go on. Because even... I will will on the law and facts, but what will be left in place after I go
away is the ability of this group to do this again, to... And I would... If I were silent, it would be
extremely unfair to those who have turned out in support of my application, despite being
threatened, harassed, or defamed.
Mayor Clark: All right.
207_ July 1-4, 19.94
Mr. Polakoff: And those who have been intimidated into silence are not present here today.
Thank you very much.
Mayor Clark: Thank you, sir.
Commissioner Plummer: I have a question, sir. When did you acquire this property?
Mr. Polakoff: The title closing was September 30, 1993.
Commissioner Plummer: Last year.
Mr. Polakoff: Last year.
Commissioner Plummer: And now, my second question, Mr. Mayor, if I may, of Ms. Eaton.
When was the district applied historically?
Ms. Eaton: I believe it was '84.
Commissioner Plummer: And were you aware, sir, at the time that you bought, that this was in
the historic district?
Mr. Polakoff: Absolutely. Absolutely.
Commissioner Plummer: Thank you, sir.
Mayor Clark: OK. Next witness.
Mr. Polakoff: That was part of the attraction of buying it.
Commissioner Gort: Mr. Mayor, I have another question of staff.
Mayor Clark: Go ahead.
Commissioner Gort: Ms. Eaton, the previous fences that we talked about, those fences could
have been built before 1984, the other houses around it?
Ms. Eaton: The houses on the bayfront lots were built prior to the designation of the historic
district.
Commissioner Gort: So in other words, those would be grandfathered in.
Ms. Eaton: That's correct.
Commissioner Gort: Thank you.
Mayor Clark: All right. Next witness.
Mr. Gallop: Our next witness is Mr. Ernesto Fabre. He is our architectural expert, and he is
uniquely qualified to he an expert in historic preservation. He'll present, he'll make his
presentation to you.
Mr. Ernesto Fabre: My name is Ernesto Fabre. I studied architecture, and I did a Master's in
historic preservation, and I have studies romantic neighborhoods, and I've been doing restoration
208 July 14, 1994
work as a consultant on a variety of projects in Minmi and in other cities. I'm here to try to
explain the merits of the design, as opposed to what the City had previously required us to work
with. First of all, I wanted to say that Sarah h,aton has already given her approval of the design
that we're proposing. I'm just going to enforce that by saying that from not only from the
house's point of view, but also fro►tt all urban point of view, the scheme is a lot better as we're
proposing it. There's a few issues that I'd like to bring attention to. If you could refer to Section
E of the memorandum that's given to you, I give a summary and I'm just going to read briefly
excerpts from it. Based rm some historic research, and from discoveries during the restoration,
the front of the house, for slrcet purposes was the west elevation, facing north on Bayshore
Drive. What we're. trying to do is bring that back with the architectural designs that we're doing
to the house. Also, fro►rl an urban point of view, the residence, the house itself and the
neighborhood would benefit from the scheme. If the wall that has been required from... in pink
were to be built, it would transfigure, it would compromise the original architectural intent of
Elliot and Kielmel, the designers of the house. And what we're trying to do is to propose a
I design that will balance out the effects of the design of the wall with respect to the architecture.
So the first thing I had wanted to sh(.)w you is that in that section, it' you go to the drawings, the
original site plan indicates a housee that isn't as extensive as it is now, and on what is now a
neighboring property, there was a garage. This helps enforce the idea that theree was... that this
side of the house, was the front. Once again, the narrow side of lots are usually the fronts of
ates what appears to have been the way the house read
properties. The next drawing indic
originally, and the following drawing indicates the floor plan, which indicates a possible
entrance on that west side. On the following page, Page. K of that section, I did an axiomatic of
what the wall... what the wall would look like in relationship to the house. And on the next page,
9, I have an indication of what the wall would look like, if required... if built as required by the
City. My main concern is for helping the architecture of the house and of the neighborhood. If
you look at the public right-of-ways, what we're proposing is to try to maintain the integrity of
the composition of the house, not only from the hayside, which is a very symmetrical and very
elaborate elevation, but also from the 57th side, by virtue of the fact that we're not building
directly against the elevation. On the contrary, we're attaching with a very light element, which
would be the wrought iron. That wrought iron is coming off of the corner to that semicircular
portion of the wall. And t}le intent, overall, is to respect the architecture that's there, while at the
same time, offering a very attractive and sophisticated urban design scheme for the end of the
cul-de-sac, which would actually be composed in a very symmetrical way, so that once you
approach the cul-de-sac, you'll be invited to see into the Bay, as opposed to being, let's say,
blocked off or uninvited. The invitation is made by the composition, by the detailing; of the
columns and of the intricate work that would be put into the ironwork. And in general, I feel that
it would benefit the neighborhood to allow for this scheme, as opposed to the other one.
Mayor Clark: Thank you, sir.
Mr. Fabre: Thank you very much.
Mr. Gallop: Our next witness is Mr. Steven C. Cronig. He is a title attorney with our firm. He
represents Mr. Polakoff. He will present testimony briefly concerning the developer's intent.
Mr. Steven Cronig;: Mr. Mayor and Commissioners, my name is Steven C. Cronig. I'm an
attorney -at -law in Florida. I am Board -certified as a real estate attorney. I've represented
historic rehab projects for a number of years, so I think I am qualified to talk in this area. One of
the things that was addressed in the lower hearing was about the developer's original intent.
What did the developer intend for this neighborhood'? Now, one of the things that the people
who spoke opposing it relied upon was an advertising brochure which stated in Morningside, or
what was called Bayshore then, there would be historic vistas across the entire development.
Now, I think we all know the difference between a sales brochure and what a developer actually
does when he puts down his plat and he records deed restrictions. I think the only place that we
209 July 14, 1994
r ; u
can get a true feeling of what the developer wanted to do with the property is to look at the plat,
and to look at the deed restrictions, which were brought up at the original hearing. The plat,
apart from the Bayfront !ots, consists of four roads going back from Biscayne Boulevard and
down to South Bayshore Drive. Given the nature of the lay of the land, it's extremely unlikely
that the hack lots ever had a view of the Bay at all. The exception to this was what 1 call the.
Bayfront lots, and the developer had an extremely different idea of what he wanted to do with
these lots. The most stringent exception to this was Block F, which we have identified as the
boathouse lot in your Package. What the developer did with this lot was built himself a
boathouse on it, and he's the only Person in the entire neighborhood who'd have one. It's quite
clear, based ore the aerial Photographs, and on the deed restrictions which were recorded by the
developer, that the entire property was hedged in. There were eight -foot. nine -foot hedges all the
way around the property, including in front of the house. The deed restrictions went into
everybody's deed, and basically, they were very, very light. What they said was, you'll build
Your house, it'll cost thirteen thousand dollars, and that's about it. 'There are no restrictions on
walls anywhere in the plat or in the deed restrictions. The developer never intended to have
j restrictions on walls, or hedges, or landscaping, or anything else. There is not a hint of that in
the documents. Now, you may not have realized this from the turn -out today, but a lot of the
neighbors in the area support this application. Tile people along tale bayfront certainly do, and a
lot of people appreciate what the owners of the house have done. They've put almost a million
TheMorningside Historic Board supported the
dollars of renovations into this property.
application, to begin with, as well, and I believe that has not changed. So I think it's very clear
that what we're talking about here is not a historic result, but rather the Board trying to please
everybody, and put an aesthetic result on the property, rather than one which is historically
accurate.
Mayor Clark: Thank you, sir. Thank you.
Mr. Gallop: Our next witness is Mr. Chuck, Chip Black. He's a senior vice president of lending
at Hymath (phonetic) Association. Mr. Black.
Mr. Chuck Black: Mr. Mayor, my name is Chip Black. And Commissioners, I am a mortgage
banker. I've lent money in this area which, for some time prior to this, had been a declining
area, as many of you know, declining property values. When I first came to Miami and went
into business, my first office was on 61st Street. Since then, a lot of changes have taken place up
there, and a lot of them haven't been very good. The last few years, however, property values
had started to increase. In tact, in the last twelve months, I've done three financings in that area,
all over a hundred thousand dollars. One was Ili editor for the Miami Herald; another was an
attorney, a prominent attorney here, a partner downtown; and, for Mr. Po!akoff and Mr. Carver.
One thing I am concerned about as a citizen is the revitalization Of our neighborhoods. As many
of you know, some of you sitting up there know, I was very involved in the neighborhood
development project in Coconut Grove. And one thing that's a consistent thing is that when
neighborhoods are revitalized, somehow, somehow, conflict arises. Not everybody gets pleased.
But in a declining neighborhood, from a lender's point of view, the problem is that you can't get
the financing, and financing fuels revitalization. The City sets the tone and the atmosphere, but
unless the money comes along, it's very difficult to vitalize the City's neighborhoods. And God
knows, in the City of Miami, we need all the revitalization, in certain neighborhoods that we can
have. In fact, and I'll quote directly from the Fannie Mae (Federal National Mortgage
Association) guidelines, which are the standard for lending in residential mortgages in the United
States. And it says, "In the case of a neighborhood where property values are declining, the
report" - meaning the appraisal - "should provide market evidence to support and explain the
reasons for the decline. It should also explain any effects the decline is having on the financing
that is, ninety-five percent financing. That's only acceptable it' property values are stable, or
increasing. But maximum financing should not he offered in any instance in which property
values are declining." When lenders lend on property, they lend primarily on the property as it
210 July 14, 1994
is, and as they can foresee it will be, and making sure that it complies with current zoning
regulations and all municipal regulations, as it applies to that zoning. .And they rely on that to
fund these properties. I would encourage the Commission to fallow the recommendations of the
Preservation Beard, and to he really careful about making spot requirements of property owners
in these neighborhoods. if they've complied, the lenders rely very heavily on that. And we've
got a good thing going in this neighborhood.
Mayor Clark: Thank you.
Mr. Black: Thank you, Mr. Mayor.
Mr. Gallop: And at this time., I'd like to call Mr. Polakoff's neighbor immediately to the south,
Dr. Malcolm Goldsmith. lie's perhaps one of the people who is most directly affected by this
application. Dr. Goldsmith.
Dr. Malcolm Goldsmith: My name is Malcolm Goldsmith. I live at 5625 North Bayshore Drive,
which is the immediately adjacent property, and on the map you have before you contains all the
property on 57th Street that is not encompassed by the adjoining property. I have lived at that
address since 1981. 1 know what's been going...
(INAUDIBLE COMMENT NOT INCLUDED INTHE PUBLIC RECORD)
Dr. Goldsmith: I'm sorry. I probably have a better idea of what's been going on with that
property than anybody else. i've seen what's happened there over the last thirteen years. The
property and its owner, through that time frame, have both progressively deteriorated, and it was
a question, I thought, of which one would fall down first. There were no outcries to the
Commission, as far as I know, about the declining of the property. It seems strange to me that
we see outcries when it's being improved. There are issues here of general fairness that I believe
have been distorted. Surely, the rules that apply to all the other people in the neighborhood
should be appropriately applied to the owners of this property, and clearly, there are major
exceptions here being proposed by some of the neighbors. I have a personal interest in what
goes on, because I am the immediate neighbor, and see more of this property on a daily basis
than anyone else in the neighborhood. Included in this have been continuing and multiple
episodes of antisocial activity, prostitutes, and drug addicts performing their assorted works in
front of my house, and in the cul-de-sac. We have two teenage girls who are experts at telling
you how this is done, and they have gotten sick of this, too. If this property is not secured, this
activity will surely continue, which is not in the interest of anyone in the neighborhood.
Therefore, for that reason, as well as other reasons, I think this property should be secured. The
discussion regarding views of the bay has been fairly well covered. I would point out that
immediately one block north of this street, there is public property adjoining the bay, which is
there for everyone to see. One block south of this, there is public property on the yay, and the
park, for anyone to see. Why this big noise about this forty feet of bayfront property, when all
the rest of this adjacent bayfront property is available, I find confusing. The restriction of an
eighteen -inch hedge, to me, does not make sense. Why should this property he restricted with an
eighteen -inch hedge when all the other properties have six, eight and higher foot, higher hedges
around? If there is a restriction for an eighteen -inch hedge on this property, when is this
restriction going to apply to me, and when is it going to apply to the rest of the neighbors? Once
the precedent has been set, the ball keeps rolling. I would therefore urge you to agree with the
petition proposed by the neighbors, and include in that, a removal of the eighteen -inch restriction
on the hedge. Thank you.
Mayor Clark: Thank you very much, sir.
Mr. Gallop: Thank you, Dr. Goldsmith. We have no further witnesses at this time.
211 July 14, 1994
Mayor Clark: At this time. You'd better present them now. This will be the last time and
chance you have. We don't bounce back and forth here. This is not a hall game.
Mr. Gallop: Now, would you want me to proceed now to closing argument, or should I reserve
that till the other side...
Mayor Clark: You can have... Both of you will have a chance at that. Who's the other side
represented by?
Mr. Gallop: Very good.
Mayor Clark: All right. Go ahead and start. We'll give you a few moments of rebuttal, if
there's something here that... And also them. It's a very different hearing. Your name for the
record, please, sir.
Mr. Jesse Diner: Mr. Mayor, my name is Jesse Diner. I reside at 644 Northeast 57th Street, and
I live down the street from the property in question.
Mayor Clark: You represent the land of the property owners?
Mr. Diner: I represent... among the other property owners, and I'm one of the appellants.
Mayor Clark: Yes, sir. Are you the green wall, or the red wall or the blue wall?
Mr. Diner: I'm the blue wall, Mr. Mayor.
Mayor Clark: OK. Now we know who you are.
Mr. Diner: And as you can understand, I am here to speak in opposition to the appeal. of the
particular property owner.
Mayor Clark: I understand that. That's fair.
Mr. Diner: And in favor of my appeal.
Mayor Clark: Elementary.
Mr. Diner: There has been some talk about the neighborhood and the layout of the
neighborhood, but I think, as you all know, this is a tree -lined, parkway neighborhood, with a
number of cul-de-sacs, with open Bay vistas. 55th Terrace, 57th Street, 59th Street, and 61st
Street all are open to the Bay. Curiously, all of those properties, except for 57th Street, are under
public ownership. Now, you have to understand, Morningside has gone through kind of a
renaissance, and a lot of it has happened since the evolution of the historical district. People of
all ages in Morningside are out jogging, hiking, walking, roller-blading, and they use all of these
streets, including that cul-de-sac on 57th Street. I personally walk, exercise, walk a number of
days a week, and my route takes me down that cul-de-sac. The view early in the morning of the
Bay, and the island, and Miami Beach is absolutely breathtaking. And that view, the way it
currently sits, extends all the way west to 5th Avenue, which is over two blocks from that
property. So to say that other people who are inland cannot see the water is inaccurate. I have
lived in Morningside since 1978, and what attracted me to Morningside were the parkways, and
the Bay vistas, and in particular, that's why 1. bought a home on 57th Street. I can clearly see the
Bay, as the land is now situated, from my front yard, and I like it that way. In all the time I've
lived in Morningside, even.though I'm an active, practicing lawyer, I've never been involved in
212_ July 14, 19.94
0
M
any of the other activities in that area. But I've really been interested and excited about the
effect of the historical district, both in the preservation of the property and in the enhancement of
the property in that area. And i can tell you that i think it's important that we recognize, since
1984, this property and all the properties situated in Morningside is under that historical
preservation overlay. I want to conunend the property owners on the job they're doing in fixing;
up this home. 'There's no doubt about it, they've done a nice, nice jot). But, unfortunately, that's
where my praise stops. I heard Mr. Polakoff talk before about conduct in the neighborhood.
And it really is all unfortunate situation that fie brought that up. 1 want you to know that these
applicants, Mr. Polakoff and Mr. Carver, coma before this Commission in had faith. They talk
about what they want to give to the neighborhood. But they didn't tell you what they have tried
to do since the}, acquired this property hack in September of 1993. The first volley, in January
of 1993, was in attempt by then, to have the entire cukde-sac, from the end of that Block F,
vacated all the way out to Bayshore, to be taker, for their domain, and taken out of the public
domain. They came before a hoard of this City, and they cited that this street is in ugly, trash -
laden and unused street. Fortunately, they were unsuccessful. They then applied to the
Preservation Board to inrt up a six-foot high masonry wall out in front of the house and across
the cul-de-sac, and they were dissuaded from doing_, that hecause the Preservation Officer
apparently told them that it would not be successful. There have been numerous instances of
people, residents in this area, being; verbally abused by one or both of these applicants. And it's
an unfortunate incident when you havee this kind of thing going on in the neighborhood, but it's
happened. And usually, what they do is, they pick on the infirm, or women, or people who can't
fight back. 'There have been attempts to meet with these people, to work out an amicable
resolution of this tiling, and they've refused to meet. As recently as June 1st of this year, they
installed, improperly, without permit, a chain link fence along the exact configuration that
they're seeking; from you. Now, the City forced them to take that down, but we still have an
orange construction fence along that configuration. And it was done under the guise that they
were going to put a swimming pool in. Well, I submit to you, six weeks later, not one shovel has
been turned toward installing a pool on this property. There have been misleading fact sheets
that have been circulated in the neighhorhood, that have either emanated from these people, or
have been sanctioned from them. They've included such things as only saying that the neighbors
have appealed, but not letting anybody know that they filed an appeal, as well. And they have
really misstated the findings of the Historic Board, saying; the Historic Board unanimously
approved their application, when, in fact, we all know it was a unanimous approval, but of the
modified approval that the Board drew out. And most gallingly, these individuals have had their
cars, and cars of their workmen parked just past the radius of the cul-de-sac, so that people
cannot drive up and around the cul-de-sac without first having to back up and go by. Now, if
they didn't have any room to park their cars, maybe they'd have an argument, but there is plenty
of room along 57th Street, and they have a more than adequate driveway to do so. I submit to
you that this particular piece of property, and I'm talking about part of Block 9, where the house
sits, and Block F, have really been part of the public domain for a lot of years. The public has
had a visual easement, prescriptively, over this property, stemming back almost seventy years.
They talk about a boathouse, or a shack, as it's shown on some drawings, or whatever else.
Well, I submit to you that I've lived in Morningside for sixteen years, and I've never seen one.
And quite frankly, if there was a boathouse, and it may very well have been, or a shack,
whatever you want to call it, it was, at hest, a nonconforming use, which no longer exists.
They're not coming before you asking to erect another boathouse or shack, so they're not here to
do that. They talk about hedging. The only little hit of hedging that exists on that property is
about fifteen to eighteen feet of hedging that appears to he in the public right-of-way, not on
their property. And quite frankly, if there was a boathouse existing oil this property, I wonder
how two palm trees, forty to fifty feet high grew on that property, because I don't know that
palms grow that fast in this area. Now, i submit to you, these people came to this property
knowing full well what was there. The street address of that property, since 1927, has been 759
Northeast 57th Street. They unilaterally, arbitrarily, started calling it 5701 Bayshore Drive, and
they did it for one reason: An effort to circumvent the requirement of the Preservation Board
213 July 14, 19.94
that no walls would he built in front of the front wall of the house. The historical front of this
house is on 57th Street, not on Bays hore Drive, and it's been that way since inception. Their
front door is on 57th Street, and as of today, their mailbox still sits on 57th Street. And so what
they're asking you to do is to put a wall and a fence up in their front yard. When they bought
this property in September of 1993, that knew that Block F, that forty -by -seventy-foot piece of
property was vacant, and open for view. and they came to the property that way. They knew that
they were buying property in an historical preservation area. Mr. Polakoff admits that. And they
should have: known, and should have hcen on actual and constructive notice that there are
restrictions in a district such as that. But more importantly, counsel for the applicants, as one of
the witnesses, a Board -certified real estate lawyer, tallied about deed restrictions, and what lie
omitted to tell you is that the deed restrictions that encumber the lot on which the house sits
preclude them from doing the very thing they're asking you to do. T hey'rc asking you to violate
those deed restrictions. And you're going to hear mare from Mr. Mullally, how nothing can be
built within fifty feet of the. Bay, stemming out from that house. And yet, they're coming before
you today and they're asking you, forget about the deed restrictions, forget about the prescriptive
visual easement that has evolved over years, and give us what we want. I submit to you that
Morningside is an emerging comillunity. We're not made up of Pahn Beach elite who hide
behind walls or whatever, and we're known as an open community with Bay vistas. And I urge
you to maintain what's there. Quite frankly, I don't understand, as I said to you before, how this
57th Street was never in the public domain. Maybe it should be. But in any event, I ask you to
preserve the status quo and not take away from the people of Morningside and the people of the
City of Miami in general this view that has been with them for seventy years. Thank you very
much.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Commissioner Plummer: Mr. Mayor, while the next speaker is coming up, would somebody
from the City show me what the application was that was previously before the City? I didn't
understand that. It was denied, I think they said? About closing the street, what was the
previous application, and what did it hope to accomplish?
Ms. Eaton: Are you referring to the street closure?
Mayor Clark: Yes.
Commissioner Plummer: I assume, yes.
Ms. Eaton: That went to the Plat and Street Committee. There was a recommendation of denial,
and it was dropped.
Commissioner Plummer: OK. Where would that have occurred, if it had been approved, as
requested?
Mayor Clark: Right down at the end, J.L. Cut it off right there, right across where the fence is,
right where the cul-de-sac begins.
Ms. Eaton: The entire street shown on the map.
Commissioner Plummer: All the way back...
Ms. Eaton: All the way to North Bayshore Drive.
Commissioner Plummer: And they wanted to close that off, is what they were asking for.
214
July 14, 1994
"
Ms. Eaton: That was the request.
Commissioner Plummer: OK. Thank you.
Mayor Clark: Your name. and address for the record, please, sir.
Mr. John Parsons: Yes, Your Honor. My name is John Parsons. i live at 670 Northeast 59th
Street in Miami, in Morningside. i have lived in Morningside for seventeen years. I'm here
representing; myself, and I hope Urn here representing; the public's interest. I have no personal
motive for being here, other than to preserve the public's right to this view. Now, a few
moments ago, Mr. Polakoff' stood hcfore you and said, quote, "Preserve something; for the
public:," unquote. That is exactly what we are here to ask you to do, on behalf of all of the
members of the public. He also said that there was, cguote, "A vocal minority," unquote, opposed
to this. Gentlemen, it' I cony approach YOU. in a moment, I will hand you a copy of a petition
I signed by five hundred and twenty-one members or that vocal minority. Two hundred and
eighteen of them are Morningside residents.
Mayor Clark: Individual copies. All right, sir.
Mr. Parsons: Give one to the Clerk.
Mayor Clark: Thank you. Give one to the Clerk on your way out. Thank you.
Mr. Parsons: As this petition indicates, and I certainly won't read to you what it says in full, but
the people who have signed this, residents of Morningside, citizens of the City of Miami and
elsewhere, have asked you to preserve, with no visual impediment, the view at the end of this
street. i would also like to bring to your attention an affidavit, an affidavit from a longtime
resident of this community, in affidavit from a longtime resident of Morningside, that was
previously made a part of the record at the earlier hearing;, but I think it's so significant, I need to
bring it to your attention. I don't have copies, so I'll read it. It is brief.
"Affidavit of Jackson L. Peters. Before me, the undersigned authority personally
appeared this date, Jackson L. Peters, who, after tieing duly sworn, deposes and
says as follows: My family moved From Gadsden, Alabama to Miami, Florida in
the year 1924. In that year, we purchased a home on Northeast 57th Street, which
is now the second house east of Biscayne. Boulevard. The street number was 492
Northeast 57th Street. My family and I continued to own that property until the
year 1951, at which tirne. we sold it. As a boy, I grew up on 57th Street, and I
have a very distinct recollection of the Nunnally home, which is the home in
question, which was then located at the end of 57th Street, facing the Bay. To the
very best of try recollection, I do not recall any kind of impediment to the view of
Biscayne Bay, looking; easterly on 57th Street, during the entire time that I lived
there. If one stood on Northeast .57th Street and looked easterly, one would see at
the end of the street a few palm trees, a few shrubs here and there, and the waters
of Biscayne Bay. The plot of land located immediateiy east of the end of 57th
Street during the time that I lived in Bayshore Subdivision, now called
Morningside, was more or less open to the public. It was used by members of the
public for picnicking;, sight-seeing, and fishing;. During this time, I do not recall
anyone trying to dissuade the public from the use of this piece of land. Further
affiant sayeth not. Jackson L. Peters, 15th day of April, 1994."
1 must also address some issues that are in the documents that were handed to you. There is an
issue that was not mentioned by them today, but is in those documents, an issue that was also
brought up at the earlier hearing having to do with insurance and the insurability of this property
without allowing them to fence off the Bay. That issue really is completely a nonissue. It is a
215 July 14, 1994
010
nonissue. The property is insurable. We put into the record previously a letter from Robert
Schab (phonetic), president of the LRS Agency, which, among other things, contains the opinion
which states:
"Based on the inspection of the property in question and the documents relating
to same, it is my professional opinion that the homeowner should have no
problem obtaining homeowner's insurance for the property because of any wall or
fence requirements. III fact, I'rn sine that 1 could provide thern with the names of
three or four agents who world be most happy to write lhomeowner's insurance
once the dwelling is repaired."
Another issue that they bring up in the documents given to you is the sat'ety of having an open
seawall there without this wall and fence that they've proposed. The law is very clear in this
State, and I can cite to you two decisions that basically say there is no duty to put up such a
fence. Those decisions are Walters versus Green Lake Villas Homeowners' Association, found
at 399 Southern 2nd 538, Florida District Court of Appeal, 1981 - that, of course, is here in
Miami - which held, among other things, that there is 110 duty upon the developer or a
condominium association to erect a wall or fence between a common area and a canal.
Similarly, in anotlier case, the Third District Court of Appeal, in Saga Bay Homeowners'
Association versus Askew, 513 Southern 2nd 691, again, the Third District, in 1987 held...
Excuse me. In that case, the parents of a six year old child brought suit for the drowning death
of their child in an artificial lake on the premises. And the Court stated:
"The fundamental proposition that drowning is a risk inherent in any body of
water leads to some equally fundamental legal principles. The owner of a body of
water is not liable, merely because a child may he too young or of insufficient
intelligence to understand the open and obvious danger of the water. The
responsibility for the care of such children remains with their parents and
caretakers. To shift the responsibility to the lake owner by virtue of ownership
alone is to unreasonably require the owner to fill the lake or fence it in order to
guard against being held liable. An owner of a natural or artificial body of water
had no duty to fence it. Likewise, an owner has no duty to post guards or signs in
areas not designated for swimming. Thus, there is no liability for a child's
drowning in a body of water, natural or artificial, unless there is some unusual
danger not generally existing in similar bodies of water, or the water contains a
dangerous condition constituting a trap."
And I might point out to you that the seawall there at the end of that street is no different than the
seawall at the end of 55th Terrace, the seawall at the end of 59th Street, or, for that matter, the
seawall adjacent to this very building. They have also raised the issue of security and privacy.
All of us in this community, Morningside, the City of Miami, are concerned with security and
privacy. It's certainly not our intent to deny them security anti privacy. It is only our request
that this Bay view he preserved, and that's all we're here asking you for. That's all that that
petition, signed by those hundreds of people, is asking you for. Thank you.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mr. Pierce Mullally: I will be under three minutes. My name is Mullally, M-U-L-L-A-L-L-Y.
I'm an attorney, and I own two houses in Morningside, and I have some law that I want you to
look at.
Commissioner Plummer: Go make copies. You got another one?
Mr. Mullally: Yes, I do.
Commissioner Plummer: The lawyer says he might like to look at the law. I don't know why.
216 July 14, 1994
Mr. Mullally: OK. The top document is the warranty deed, vesting title in Steven and Michael.
I've underlined the standard language that's in almost all warranty deeds. It says, "Subject to
dedications, easements, restrictions, and reservations of record." That's probably nothing new to
you, but it does say it here, and it is operative here. `i'he next set of documents is a five -page
deed restriction. It starts on page number 2. it's dated March 1924. "These are the developer's
deed restrictions regarding this black, and a number of ()ther neighboring; blocks, particularly, the
next block north of it. Most of it is Bayshore properties, but Wine of it is the properties on the
west side of.' the street, also big houses. As you can see on page 1, it specifically includes Block
9. Let's go to page. 3. it says page number 57 up at the top. I want you to look at line 4. It
says... He's describing; here the limitations on building,. The more modest houses to the west
have smaller setbacks than the houses that are on the. Bay, and here on line 4, he's saying:
"And in case. of Bayfront lots, no building or any portion thereof, including
porches and projections shall be closes than fifty feet from the Bay at its nearest
point, and no such portion of any building shall extend within seventy-five feet of
Baysltore Drive.
Clearly, his intent is to keel) the Bay vistas open. Nothing can he built within fifty feet of the
Bay to the house. The wall and fence. that they are proposing would come within fifty feet of the
house, because that little parcel, Block F, is only forty -by -seventy, and it's forty... It's seventy
along the Bay, and it's forty width -wise. You follow me'? There's no way that that fence can be
within fifty feet. However, the neighbors group has agreed, in the interest of a compromise,
we've agreed to the wall that is drawn in blue., even though that wall would violate this. Let's go
down the page. Paragraph F, about three quarters of the way down the page, it says, specifically,
"no boathouses."
"No boathouses, shelters, or buildings of any kind shall be erected on the Bay in
front of any Bayfront lot."
And then it goes on to describe that a landing for boat - you know, a boat lift - can be erected,
but that it can't be any higher than the seawall.
Commissioner De Yurre: Excuse me a second.
Mr. Mullally: Yes.
Commissioner De Yurre: What's on the other property? How do they close off that area?
Mr. Mullally: What area? The area to the south?
Commissioner De Yurre: The same, yes, running up and down. Is that open?
Mr. Mullally: On the west side of the house?
Commissioner De Yurre: Yeah on this other... No, on this other property next to it, on the right-
hand side. How is that closed off? You say you can't build anything there. How do they keep
people out from into their own back yard? What is there?
Mr. Mullally: They can't, any more than anybody else that lives in Morningside can keep people
off their front yard. There's no walls and fences allowed in the front of your house. This is what
this is all about.
Commissioner De Yurre: Then are you telling me that people are doing this illegally?
Mr. Mullally: People are doing what?
Commissioner De Yurre: I'm talking about the property on the right-hand side, the neighbor's
property, how does he block off, or how does lie keep people from entering their property, if they
217 July 14, 1994
El
cannot extend, according to you, any division of this forty -by -seventy onto their property? How
do they divide that?
Mr. Mullally: Well, i1... The property to the south...
Commissioner De Yurre: Well, what is there?
Mr. Mullally: The property to the south?
Commissioner De Yurre: Yeah.
Mr. Mullally: Another house. As a matter of fact, the homeowner is here, he just spoke to you,
Dr. Goldsmith.
Commissioner De Yurre: I knew, but my yues... If you're telling me that they cannot extend the
line, build anything; closer than fifty feet to the water, how does he block off going all the way to
the water? What does he have there?
Mr. Mullally: Nothing.
Commissioner De Yurre: There's nothing, just wide open?
Mr. Mullally: Night. He cannot. And once you understand the configuration of the house...
Commissioner De Yurre: No, no, no. You're not following me.
Mr. Mullally: There is nothing; there, Mr. De Yurre.
Commissioner De Yurre: You're telling me that it's open. Then you can walk right into his
property, then.
Unidentified Speaker: Mr. Goldsmith's property has a chain link fence.
Mr. Mullally: Oh... All right.
Commissioner De Yurre: You can walk right into his property?
Unidentified Speaker: There's a chain link fence there.
Commissioner De Yurre: That's right. OK.
Vice Mayor Dawkins: Take the mike, sir, the other mike over there, the portable mike.
Mr. Mullally: There's a chain link fence right here.
Commissioner De Yurre: And it's OK to have a chain link fence, according to you?
Mr. Mullally: No, it's not OK to have a chain link fence.
Commissioner De Yurre: Oh, it's not OK, either.
Mr. Mullally: Chain link fences are never OK, in my opinion. However, it got in. It got in
before the historical designation of 19... in 1984. So we're stuck with those things. Mr. Gort
asked, did they get grandfathered in, and the answer is yes. There's... Of the thirteen properties
218 July 14, 1994
that are on Bayshore Drive, four of them have walls. They have a picture of one of the houses
here that has a wall in front of it. There's nothing we can do about those. Those four houses got
masonry walls in front of their house before 1984. We're stuck with those. What we're trying to
do today is stop further eroding of the view of the Bay. I want you to look...
Mayor Clark: OK. All right. We understand you. We understand you.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Commissioner Plummer: Does this deed restriction speak to all of the parcels on the water? If it
does, this goes hack to 1924, not hack to the historic district. How did the doctor...
(APPLAUSE)
Commissioner Plummer: Excuse me, excuse me, please. How did the doctor get his chain link
fence in prior to 1924?
Mr. Mullally: That's a good question. Well, that...
Commissioner Plummer: Nobody has a good answer.
Mr. Mullally: No, no, no, Mr. Plummer. That chain link fence was not there prior to 1924, but
Dr. Goldsmith's chain link fence is just a lesser example of this other doctor with a masonry wall
that is six feet high.
Commissioner Plummer: But the other doctor is not on the water.
Mr. Mullally: Yes, he... Yes, yes it is. The point is, I mean, that doesn't matter so much. The
point is, there's been no enforcement. That the doctor with the big house - not Dr. Goldsmith -
built his wall in 1987, three years after the historical designation. I did the permit search, so I
know that. I got the facts for you, it' you want them. They allowed him to build this masonry
wall out, all the way out to the sidewalk, in 1987, three years after the historical designation went
in. So the wall is up now, and the guy had a permit. So what we're doing is trying... This is
damage control. This is all about damage control.
Mayor Clark: All right
Mr. Mullally: This is all about the neighbors coming to say, stop them from taking... There's
only four views of the Bay. That's what this chart is about. The three in green are owned by the
City of Miami, and are open. They're just exactly like this, little spits of land at the end of a U-
shaped cul-de-sac. The City owns the three in green. Because of this unfortunate situation
where the developer deeded this little lot to himself in 1927, these guys now own this forty -by -
seventy -foot lot, and they want to build a wall across it, and the neighbors are here telling you to
stop him from taking away...
Mayor Clark: That's elementary. We understand that. We thank you for your presentation.
Mr. Mullally: OK. No, I haven't finished, if you don't mind, Mr. Mayor. I got a...
Mayor Clark: You said three minutes. That's...
Mr. Mullally: Oh. Well, I want you to consider - go a couple of more pages - Chapter 23 of the
Miami Municipal Code is the creation of the historical preservation chapter. Out of that has
come the HEP Board (Historical Environmental Preservation Board) and its rulings. And over
219 July 14, 1994
the course of the last ten years, these rulings have evolved. That there's no walls or fences
allowed in the front of houses. And, for whatever reason, the HEP Board did not apply that rule
at our hearing on April 19th. You can see what they did. The wall part of it, the pink part that is
east and west, is in conformity with prier rulings on no walls and fences in the front of the house,
but the chain link fence part that gees south is not. And so what we're asking you to do is do the
blue wall, which is in conformity with all prior HEP Board rulings. So...
Mayor Clark: All right. After you finish, I've got a statement to make. Go ahead.
Mr. Mullally: 'That's it.
Mayor Clark: How large Joe, is the piece of property contingent from the blue wall line south to j
where the doctor or somebody built an illegal fence or there is an illegal fence?
Mr. Mullally: Well, we can tell you that the...
Mayor Clark: No, I'm not asking you, sir.
Mr. Joe McManus: That parcel is forty feet wide by seventy feet, north to south.
Mayor Clark: Is that a dedicated... Is that all included in their property or is it a separate parcel?
Mr. McManus: It's a separate lot, private property.
Mayor Clark: Separate lot.
Commissioner Plummer: It's platted as a separate lot?
Mr. McManus: Platted as a separate lot.
Mayor Clark: Do you have the latest tax appraisal on it?
Mr. Mullally: Yes. It has a separate folio number.
Mayor Clark: Do you know what it's appraised at?
Mr. Mullally: Four-o-eight hundred. Forty thousand, eight hundred. That's the little parcel,
Block F. Four-o, comma, eight hundred.
Commissioner Plummer: That cheap?
Mayor Clark: I know what we're going to do with it pretty soon.
Mr. Mullally: I just want to ask you to consider, when you make your ruling, the danger of
awarding variances. We're here to ask you to stick to the rules.
Mr. Jones: It's not a variance.
Mayor Clark: It's not a variance.
Mr. Jones: It's not a variance, sir.
Mr. Mullally: Well, it...
220 July 14, 1994
Mr. Jones: Yeah. Mr. Mayor, let me just...
Mr. Mullally: Thank you.
Mayor Clark: Yeah.
Mr. Jones: Mr. Mayor, if I might just, you know, just to correct the record. This gentleman
seemed to suggest to you that what the law is here, and what I've looked at is basically a deed
that has private deed restrictions, but the City is not...
Mayor Clark: Bound by it.
Mr. Jones: ... not hound by, and cannot enforce. And secondly, more importantly, is that it's not
within the jurisdiction of the HEP Board to even consider that.
Mayor Clark: Right.
Mr. Jones: So it's totally, totally anomalous to what you're dealing with here this evening.
Mayor Clark: All right. Do you have any other speakers? Yes, ma'am.
`lice Mayor Dawkins: Pull the mike down to you.
Ms. Glenna Cook- McKitterick: Hello. My name is Glenna Cook- McKitterick, and I'm the
executive director of Dade Heritage Trust. And gentlemen, our hoard of trustees found this
particular issue in support of the Morningside neighbors' appeal to be of such importance that
they held an emergency vote, and they created a position statement, and I'd like to read that
position statement to you now.
Mayor Clark: Read it into the record.
Ms. Cook-McKitterick: Thank you.
"The official statement for Dade Heritage Trust is the preservation of the
historical sites of Dade County is of utmost importance to Dade Heritage Trust.
Clearly, there is no difference between a building and a vacant property, when the
historical significance can be proven. The view from seventy feet of waterfront
has been a part of the fabric of Morningside for seventy years. It was described in
the promotional material of the development, it was mentioned in the designation
report for the National Register, and it has become a valuable asset to all the
residents and the visitors to the area. Dade Heritage Trust would like to go on
record supporting the historic view of the Bay as it has been since the inception of
the neighborhood, unobstructed."
That's the end of that report. But although Dade Heritage Trust shares the goals and concerns of
the Historic and Environmental Preservation Board, we really must support the rights of
neighborhoods to preserve and set their own preservation policies, and to set their own priorities.
And gentlemen, if all the neighborhoods in the City of Miami worked as diligently to preserve
and protect itself as Morningside has worked, then your job to preserve and protect the City of
Miami would certainly be a lot easier. We really urge you to support these citizens.
Mayor Clark: Thank you, ma'am.
(APPLAUSE)
Mayor Clark: Persons who want to add something to what's been said, let's don't talk about
deed restrictions anymore. I don't think you need to do that. Give us your name for the record.
221 July 14, 1994
Mr. Keith Sato: My name is Keith Soto. I live at 527 Northeast 56th Street, and I'm going to
talk about something that you have not heard yet, and that's about the actual history and
architectural features of this property and Morningside. Morningside, originally called
Bayshore, is Miami's first historic district, as you all knew. It was listed in the National Register
of Historic Places in 1992. The nomination to the National Register cited the neigliborhood's
Bayfront location, street-scape. improvements, and street layout, allowing visual access to the
Bay as key elements in shaping the character of the: neighborhood, The original developers
considered that part of the key elements of the neighborhood, also. The original sales brochures
all talk about, as you've already heard, the openness of the Bay and so on. In fact, one of the
pages of the original brochure says, "Note the Bay at the end of this boulevard," and has a
photograph of the boulevard. Also, we found over fifty ads from the Miami Metropolis and
Daily News, from 1923, '24 and '25, all touting the Bayfront location. But an ad from January
15, 1925, really sums it up, and you see an enlargement over here.
! "In Bayshore, every homeowner has a right to a part of the Bayfront. Bayshore
` streets rum down to the water, and every home gets the benefit of water cooled
breezes. Moonlight nights on Biscayne Bay are at your front door. You can
enjoy them from your Bayshore home. without getting into the car and riding over
the causeway."
We can only speculate on why the parcel at the end of 57th Street was privately held, but these
ads clearly show the intent of the original developers. These vistas and characteristics are as
important in 1994 as they were. in 1923. In making your decision, you should follow the criteria
cited in the City's preservation ordinance, which requires all alterations to properties to follow
the Secretary of the Interior's guidelines on historic preservation. There are two points which I
think you should really pay attention to, and that is: One, the Secretary of the Interior states:
"Each property shall be recognized as a physical record of its time, place and use.
Changes that create a false sense of historical development, such as adding
conjectural features, or elements from other historic properties, shall not be
undertaken. Also, new additions, exterior alterations or related new construction
shall not destroy historic: materials, features, and spacial relationships that
characterize the property. The new work shall be differentiated from the old, and
shall be compatible with the historic materials, features, size, scale and
proportion, and massing, to protect the integrity of the property and its
environment."
As you can see from the photos, the front of the house, historically, architecturally, and actually,
faces Northeast 57th Street. The parcel at the end of 57th Street is actually the subject property's
front yard. The HEP Board has set forth Resolution HABP 91-44, which states that, "No walls
or fences shall be constructed between the front elevation of the house and the sidewalk." This
applies to all properties in the historic district, not just the interior lots. They did not make any
exclusions in this resolution. Staff has stated that exceptions have been made to this resolution,
citing the property wall at 589 Northeast 57th Street. You need to understand why this exception
was made, and its consequences. The wall was allowed to come within five feet of the sidewalk
in order to preserve two historic fish ponds on the property. After that wall was built, the fish
ponds were removed, and we lost one of the neighborhood's historic features, anyway. With the
best of intentions, the Board allowed an exception to its Own rule, resulting in undesired
consequences. Do not allow another exception, which may allow undesired consequences. We,
too, understand the need for privacy and security. Therefore, we propose a solution which
provides the security and privacy required, but also follows all the criteria set by the HEP Board
and the U.S. Department of the Interior. The property line is shown in gray. The property wall
is shown in red. As you can see, following the HEP Board criteria, a wall could be built aligning
with the front elevation of the house, which runs due east to the water, and due west to Bayshore
Drive. This provides more secure and private area than what is currently under consideration,
and maintains the character of the house as it relates to 57th Street and Biscayne Bay. Even this,
however, would require that certain deed restrictions not he enforced. One last point I want to
222 July 14, 1994
make concerns the design of the proposed wall and fence. I think you might have been misled
slightly by what is going; across 57th Street. There is, indeed, wrought iron fence. 'There are also
two, large two foot square by seven foot high piers that are supporting; gates at the end of the
street. These... We have a major problem, of course, with the piers, because they substantially
block the view, and they are, as I said, seven feet tall, and are out of scale with both the fence
and the street scope. And as one of our neighbors has stated, viewing through the fence portion
is like looking; at the Bay through burglar bars. So I Thank you for your attention. I hope you're
not too bored by now with us, and thank you.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Ms. Robin Reiter: Thank you. My name is Robin Reiter. I'm a resident of Morningside. I live
at 550 Northeast 59th Street, and neither my husband nor I, who moved there by choice, with the
opportunity to live in absolutely any neighborhood in Dade County, had any trouble getting
financing for our home. Morning_Side is a very desirable place to live, and i would maintain,
should any mortgage broker or banker deny a loan to a resident of Morningside or the
surrounding; neighborhoods, they would he redlining, and in violation of the Community
Reinvestment Act. We live in a home that was built in 1926 by a man named Daddy Wharton,
who was actually the first Mayor anti he first City Manager of Miami. And I say that to you
because I had the opportunity to meet his granddaughter, who came to my house, and I asked her
why there, why her grandfather built the house there. And her comment was, the vista, the view,
the Bay. You can go clown any one of four streets, and you have a direct view to the Bay. I'm
not here as an attorney or an architect. I'm not here with facts and figures. I'm here with a
comment on whim's going on in Dade County, and particularly, here in the City of Miami. You
all have spent a great deal of time over the last few years looking at plans that Jack Luft and
Carmen Luneta have designed for the Port of Miami, for Bicentennial Park. We talk about the
fact that we're losing Bayside views in this community by the dozens, and we want to do
everything we can to ensure that as we drive down Flagler, as we drive. up Flagler Street through,
past the Boulevard, and we go north and south on Biscayne Boulevard, you can see the Bay.
That's how we feel in Morningside. I was sorry to hear of the antisocial behavior that's taken
place. I've been out of town for the last two weeks, and it disappoints me greatly that in a
community like Morningside, on either side of the issue, that there has been anything; remotely
close to resembling antisocial behavior, because one of the things that drew us to Morningside
and keeps us there is the sense of community. It's the sense of community that the City of
Miami is trying to establish in a lot of your pocket neighborhoods, if you will. In Little Havana,
in Little Haiti, and in Morningside, and in Liberty City, we're concerned and committed to
developing that sense of community. I don't want to see that destroyed. I don't want to see us
wall off the rest of the Bay. We're running out of beautiful Views. I do, indeed, respect the right
to privacy of all of us. But there must be a way... I'm not here in favor of any of those colored
walls on the map. I'd rather see no wall. I probably stand as a minority of one. But again,
Morningside prides itself on the sense of community and continuity. And the continuity of the
view to the Bay is extremely important, as we look at what this community is going to look like
in the twenty-first century. Thank you.
Mayor Clark: Thank you, Ms. Reiter.
(APPLAUSE)
Mayor Clark: Well, you know, we have two sides here. They're both appealing, right? Is there
any rebuttal entitled here?
Commissioner Plummer: They're entitled to rebuttal.
223 July 14, 1994
Mr. Gallop: We would like to do a short cross-examine...
Mayor Clark: Rebuttal. Rebuttal is all, for about four minutes, and we'll come to a decision
after that. Go right ahead.
Mr. Gallop: Thank you.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: We asked them to make a presentation here. Please come forward. Wait just a
moment, sir.
Mr. Gallop: Yes.
Mayor Clark: Give us your name and address, please, for the record.
Ms. Aisa Michel: Thank you, Mr. Mayor. My name is Aisa Michel, and I live at 621 Northeast
57th Street in Morningside, and I've been a resident for close to ten years. I'm going to make a
comment that I think a lot of us share in common, the Morningsiders, and people, the public in
general that come to Morningside. I'm against the installation of any harrier between Northeast
57th Street and the Bay in the. area of the cul-de-sac. This particular Bay vista highlights the
islands covered with mangroves that are distinctive of pristine South Florida. This cul-de-sac
Bay view is located at a point where these three islands are closest to the mainland. This vista
alone is what captures the he-auty, spirit, and uniqueness of Morningside. At this spot, as
probably nowhere else in Dade County, can islands that serve as bird sanctuaries and rookeries
be so available at such close proximity for us to appreciate. These islands are home to seagulls,
pelicans, the endangered osprey, and wild parrois. Our name, "Morningside," is derived from
this view of the sun coming up over the Bay and over the islands to this Morningside. It is this
vista that is our signature, our symbolic. landmark, that virtually states, "Welcome to
Morningside," which can be seen as soon as one turns east at 57th Street from Biscayne
Boulevard. Our neighborhood, with its characteristic friendliness, is where neighbors greet
neighbors, and congregate, as they walk their clogs, skate, or join their children riding bikes.
Many times, we approach this exceptional vista to marvel at its wonder and beauty, and the
specialness of our South Florida environment. We can all watch the birds return to their island
sanctuaries in the late afternoon. Historically, over the years, this cul-de-sac has been used by
neighborhood children, like the Gardiners, McCormicks, and Gomezes, and this is over the last
twenty, thirty, forty -year period, for such diverse activities as camping out - the Boy Scout troop
from Morningside Elementary periodically asks for permission to use this spot or to watch boats
for birthday parties celebrated on the islands for the children, or simply for fishing, picnics, or
riding bikes and skating; around the medians. There are so few places like this left, unspoiled
and untouched. Shouldn't our children be allowed to learn and see firsthand what our precious
environs of bay, islands, and animal habitats are truly like? Margaret Stoneman Douglas would
agree. Surely, this historical Bay vista should he left intact, unencumbered, and open for all to
enjoy, including future generations. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Mayor Clark: All right. Come forward. We got three sides against two, I guess. I don't know.
Give us your name, please.
Ms. Cynthia Bain Desmond: My name is Cynthia Bain Desmond.
224 July 14, 1994
MR 0
Mayor Clark: Yes, ma'am.
Ms. Desmond: I reside at 5925 Northeast 6th Avenue.
Mayor Clark: Yes.
Ms. Desmond: I've lived in Morningside, in the same house, for thirty-five years.
Mayor Clark: Yes, ma'am.
Ms. Desmond: My family, prior to our moving there, started living in Morningside hack to the
1930s. Growing up, we spent a great deal of time going down Bayshore Drive to Morningside
Park and the pool. And we'd spend hours, all day, all evening. We went to Morningside
Elementary, we sold spaghetti tickets, the whole thing. One thing was a given. You did not go
to the Bay on 57th Street. Mr. McNally would not permit it. The previous owners, McCormick,
would not permit it. They had hedging, they had two cement henches sitting there for their own
personal use, they had shade trees, and they had a sign. And everybody knew you did not go
there. My friends over there, they've lived there since the... god, thirty-five, forty years.
They've all done the same thing. They fished on 59th Street, they fished from 55th Terrace, they
have fished from 6I st Street, they fished through the park. They have never gone to 57th Street
to idolize anything, but you knew you just did not go there. And to deny these people the right
to do what they want with their own property, and that has been accepted as a residence in
Morningside, with private fencing, hedging, walling, since it's been an historic district, is
ridiculous.
Mayor Clark: All right. Thank you, ma'am.
Ms. Desmond: And they should be allowed their private... If... They're on a street where
people are going to he walking down and looking at them while they're trying to have a
barbecue or a pool party, and it's just not right, and that's all.
Mayor Clark: Thank you.
(APPLAUSE)
Mayor Clark: All right.
Mr. Gallop: Thank you, Mr. Mayor, and members of the Commission for your attention to this.
Robert Frost wrote in "The Mending Fence," that, quoting his farmer neighbor, that "Good
fences make good neighbors." Well, we hope eventually that becomes the case here.
Commissioner Plummer: Robert Frost ain't voting.
Mayor Clark: All right, conclusion.
Mr. Gallop: Testimony that's been presented to you both by Mr. Polakoff, as well as by his
architect, as well as the supporting staff report by the Historic Preservation Office, demonstrate
to you that what has been proposed, both in terms of location, and in the height of the fence, and
the wall, and the material is consistent with the guidelines and standards of the Department of
the Interior, that guide the Historic and Environmental Preservation Board, and is also consistent
with their own guidelines. They have adopted additional standards that I'll talk about in a
minute, because that's where one of the contentions is here.
225 July 14, 1994
Mayor Clark: Now, you're rebutting now. We're not talking about additional information.
You're rebutting what was stated over here.
Mr. Gallop: All right. Well, thank you for reminding me of that. I thought I was making a
closing statement.
Mayor Clark: No, no.
Mr. Gallop: I was going to make my statement and...
Mayor Clark: This is rebuttal.
Mr. Gallop: All right. Here is my rebuttal. Working backwards. Mr. Soto stated in reading
newspaper ads and other material, that scenic vistas are provided, because each street that runs to
the Bay runs down to the Bay unobstructed, essentially. What lie didn't tell you, and what we've
shown through aerial photographs, and through the original plat, and through other material, is
that every street does run to the. Bay, except this street. This street has a boathouse parcel at the
end of it, which was dedicated for the private use of the. developer. So this property is special.
What the person from the Dade Heritage Trust read was a letter in support of an open,
unobstructed vista. When they talk about an open, unobstructed vista, they mean nothing there.
No five-foot fence, no fence whatsoever, no eighteen -inch hedge, no five-foot hedge. What she
didn't tell you is that one of the key officials of that Board is Norah Schaeffer, and we all know
what happened with Norah Schaeffer. She was recused from the earlier hearing, because of
improper lobbying activity. She was removed from the Board because of her personal
involvement in this, and she is a key official in that Dade Heritage Trust. So we regret that they
come here in that official position, having a tainted member among their leadership.
(BOOS)
Mayor Clark: Please, that's all right. Please, folks.
Mr. Gallop: I don't want to make this personal, but I do have to point that out to you, that we
don't...
(BOOS)
Mr. Gallop: ... that you need to know that background.
Mayor Clark: Please be quiet.
Mr. Gallop: Now, Mr... I'm just going to touch on what Mr. Mullally said, just a little bit, only
by way of saying lie tried to convince you that these lots are subject to the restrictions, that you
can't build fences and so on. What he forgot to tell you, and what we said tune and time again,
is in the same deed restrictions you're looking at is that Block F, that forty -by -seventy lot, is not
included within those deed restrictions. You look at the enacting provisions there, it tells you
what's included. You will never see Block F in there, for the obvious reason, it's the developer's
parcel. Now, Mr. Parsons gave, 1 think, one of -'tile most interesting presentations. First of all, he
read to you an affidavit of a gentleman named Peters, who is not here for us to cross-examine,
he's not here to make his own statement, but he told you that that parcel was never used as the
boathouse. We've shown you, and we've entered into the evidence, photographs by the U.S.
Geological Service from 1970 and from 1952 that show a boathouse on that parcel. These are
aerial photographs. That affidavit cannot measure up to the quality of aerial photographs, nor to
the plat that is in the original plat hook that shows a boathouse on that parcel, which also says so
much about how some trees that exist there, which are off at the end of the lot, cannot
226 July 14, 1994
accommodate a boathouse. Now, a lot was [Wade about the insurability of this parcel. They say
it's a nonissue. Our main concern about that... And lie also quoted law cases, decisions, to say
that these people, according to them, are not liable if anybody falls off and gets killed in the Bay.
That's very interesting, very legalistic, but we want to prevent access by the public across that
Bay. We don't want to have to deal with dead bodies in the Bay. That's a very simple
application of their concerns.
Commissioner Plummer: Just put me in a conflict of interest.
Mayor Clark: As an undertaker, he has to leave the room. All right. Anything further, sir?
Mr. Gallop: Yes. Finally, there were lots of charges back and forth about who said what and did
what. And our point is that...
Mayor Clark: From both sides.
Mr. Gallop: That is not really much... That does not have anything to do with your basis for a
decision. We regret that those had occurred. Thank you.
Mayor Clark: All right. I'm going to close the public hearing.
Commissioner Plummer: Mr. Mayor, may I inquire?
Mayor Clark: Yes, sir, you may inquire.
Commissioner Plummer: Mr. City Attorney...
Mayor Clark: Not about dead bodies.
Commissioner Plummer: No, sir. We get to that in the morning. My area of concern has to be
that this property is in private ownership. Now, if somebody were to get hurt on this property,
who would they sue?
Mr. Jones: Well, obviously, they're going to sue whomever owns the property. I can surely tell
you that the decisions that were cited... And I only need to tell you to look at the recent court
cases involving drownings on lakes or what may be deemed attractive nuisances adjacent to
properties. So I don't agree with those much earlier cases.
Commissioner Plummer: OK.
Mr. Jones: And I would darn: say that if you check the present case law, and any liability lawyer
will tell you that those cases don't stand up to what a jury would...
Mayor Clark: Let's get to the point now, J.L.
Mr. Jones: ... come back now.
Commissioner Plummer: OK. I'm assuming if the City were to move in with code enforcement
and they didn't keep the lot up, they would look to the property owner.
Mr. Jones: Yes, of course.
Commissioner Plummer: And my final question. Would it not be the case, if, in fact, that the
owner of that property if someone broached it, could be accosted for trespassing on private
property?
227 July 14, 1994
Mr. Jones: Absolutely, if it's private property. Yes, sir.
Commissioner Plummer: Thank you, sir.
Mayor Clark: I would like to satisfy this thing. You see the blue line?
Commissioner Plummer: I can see half of it.
Mayor Clark: Well, just a little hit. I suggest the line of the fence he the blue line, and I also
suggest... We've gone through a lot of things here recently about property, very important.
Remember Vizcatran?
Commissioner Plummer: I remember eight years of Vizcatran.
Mayor Clark: Well, we wound tip paying. The property is assessed at about forty thousand
dollars. It's not a buildable lot, you couldn't build a house on it, to start with. 1 suggest...
Mr. Jones: Mr. Mayor, please, let me... that's a... I know where you're going with that, but,
please, that's only going to complicate matters for you.
Mayor Clark: OK. All right. I just move... I offer a motion that we follow the blue line, not the
pink line.
Mr. Jones: Mr. Mayor, please, wait. You got two separate issues here. You've got two separate
appeals you have to deal with. OK? You've got to vote on each of these individually.
Mayor Clark: All right.
Mr. Jones: The first one you have is the appeal from the property owners, which either you must
grant the appeal of the property owner, which would be the...
Mayor Clark: Now, you straighten that out.
Commissioner Gort: You need a motion to deny the appeal.
Mr. Jones: Right, either grant or deny the appeal.
Commissioner Plummer: But his appeal is predicated on the green, instead of the pink.
Commissioner Gort: That's correct.
Mr. Jones: Yeah.
Commissioner Plummer: OK.
Mr. Jones: And also, keep in mind that under...
Commissioner Gort: And the second appeal deals with the pink and the blue.
Mr. Jones: Yeah.
Commissioner Gort: OK.
228
Mr. Jones: But also, keep in mind that in considering your deliberations, you have to concern
yourself with the evidence that's been here; not the sentiment of one group in favor or who
disfavors it; and, in fact, whether it's appropriate use of the property. In so doing, also keep in
mind, whether in affirming or reversing, you also have the ability to modify the decision of the
HEP Board.
Commissioner Gort: Right. OK. Mayor, I'll make a motion to deny the appeal.
Mayor Clark: Their appeal?
Commissioner Gort: Their appeal, which is the green line.
Mr. Jones: The property owner, for the record.
Commissioner Gort: The property owner.
Commissioner Plummer: To deny the appeal...
Commissioner Gort: Of the property owner.
Commissioner Plummer: ... of the green line.
Commissioner Gort: Right.
Commissioner Plummer: OK.
Mayor Clark: Is there a second?
Commissioner Plummer: I will second the appeal to deny the green line, yes.
Mayor Clark: All right. Call the roll, Madam Clerk.
Commissioner Plummer: But now, can I state the reason why, Mr. Mayor?
Mayor Clark: No, you don't need to.
Vice Mayor Dawkins: No, we don't need to, because we're trying to go home.
Commissioner Gort: We're here anyway.
Commissioner Plummer: My seconding the motion is predicated on... My area of concern can
still be protected by the pink line. I think that is an area of compromise. I think it was offered,
they did not accept it, which was their purview. I am concerned about liability. I think there is a
liability.
Mayor Clark: OK. Is that it? All right. Call the roll.
229 July 14, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-540
A RESOLUTION DENYING THE APPEAI-, OF STIVEN POLAKOFF AND
MICHAEL CARVER FROM THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, WHICH AUTHORIZED A
CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5' CBS
WALL AT THE SOUTHEAST SEC`I,ION OF THE PROPERTY, A 5' WROUGHT
IRON FENCE AT THE EASTERN END OF NORT'HFAST 57TH STREET, AND A
DRIVEWAY ALONG NORTH 13AYSI-IORE DRIVE, FOR THE PROPERTY
LOCATED AT 759 NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE
HISTORIC DISTRICT, MIAMI, FLORIDA, SUBJECTTO CONDITIONS.
(Here follows body of resolution, emitted here and cm 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
1 ` NAYS: None.
ABSENT: None.
Mayor Clark: We have another motion.
Commissioner Plummer: Now, the next motion would be the appeal to deny the pink and accept
the blue.
Vice Mayor Dawkins: Wait now. Say what, J.L.?
Commissioner Plummer: The next motion would he, the appeal would be to deny the pink and
accept the blue, as I understand it. Is that correct, Mr. City Attorney?
Commissioner Gort: The next...
Mr. Jones: Yeah. Which would be...
Commissioner Gort: The next motion would be to support the appeal.
Commissioner Plummer: Support the blue.
Commissioner Gort: Support the appeal.
Mr. Jones: You would actually be denying the appeal, and reversing the decision of the HEP
Board.
230 July 14, 1994
Mayor Clark: All right. You got a motion like that?
Commissioner Plummer: Oh, excuse me now. We're denying the pink, and it has no bearing on
the blue?
Mr. Jones: It would be granting the appeal and denying the decision of the HEP Board.
Commissioner Plummer: Well, what is... Give me colors.
Mr. Jones: You know what the colors are.
Unidentified Speaker: Blue is the neighbors.
Commissioner Plummer: Yeah, I understand who is who, but what is this language doing?
Unidentified Speaker: You'd be denying the appeal. It jsut affirms that the pink line has nothing
to do with the blue line.
Commissioner Plummer: Well, I assumed that that was the case.
Unidentified Speaker: Oh, I'm sorry.
Mr. Jones: OK. OK. The pink line is what has been proposed by the HEP Board. OK?
Commissioner Plummer: Right.
Mr. Jones: So if you grant the appeal, which is the...
Commissioner Gort: The residents are appealing the decision.
Mr. Jones: They want to deny both appeals.
Commissioner Plummer: But what they're appealing, as I understand it, is the pink.
Mr. Jones: The pink, correct.
Commissioner Plummer: The blue has no bearing in this hearing.
Commissioner Gort: Right.
Mr. Jones: Yeah.
Mayor Clark: All right. Now, straighten this out. Go ahead.
Commissioner Plummer: Well, it's almost... It's a "fait acompli"...
Mayor Clark: I make a motion...
Commissioner Plummer: If he has not... If lie has and will not accept the pink line, then we're
out of balance.
Vice Mayor Dawkins: Mr. City Attorney, what is the proper motion?
Commissioner Plummer: To accomplish what?
231 July 14, 1994
Vice Mayor Dawkins: To get us home, let us go home.
Commissioner Plummer: Defer.
Vice Mayor Dawkins: No, we can't defer it.
Mayor Clark: It' he wants to deny the pink, can he offer a motion to deny the pink line?
Vice Mayor Dawkins: Mr. City Attorney?
Mr. Jones: Yeah. if what you... The proper motion would be to grant the appeal of the property
owners, Messrs. Polakoff and Carver, and reversing the decision...
Vice Mayor Dawkins: i so move. the City Attorney's recommendation.
Commissioner Plummer: I don't agree with that. I don't agree with that. The neighbors' blue
line has no hearing on this hearing, none.
Vice Mayor Dawkins: Well, if it has no hearing, why would the City Attorney tell me....
Commissioner Plummer: Because you're talking about the pink line...
Mayor Clark: Mr. City Attorney... Please, now, everybody has been talking. Mr. City
Attorney?
Mr. Jones: Yes.
Mayor Clark: If we can deny the recommendation of the board, that denies the pink line, right?
Mr. Jones: Correct.
Commissioner Plummer: That is correct.
Vice Mayor Dawkins: And upholds the blue line?
Mayor Clark: Well, the blue line is what they can do now.
Commissioner Plummer: No. The blue line has no merit.
Mayor Clark: Deny the pink line.
Mr. Jones: What you would do is...
Vice Mayor Dawkins: OK. I'll withdraw my motion. I don't know what I'm doing.
Mr. Jones: The proper motion would be to grant the appeal of the Diners and reverse the
decision of the HEP Board.
Mayor Clark: That's right. Deny the appeal of...
Mr. Jones: And allow them all in the location where the blue line is.
Mayor Clark: Go ahead. You got that, Miller?
232
July 14, 1994
Commissioner Plummer: No, no. That's does not do that.
Mr. Jones: That would be the effect of it.
Commissioner Plummer: 'the blue line... It's my understanding, now, the blue line has no
bearing in this hearing at all.
Mr. Jones: On their part.
Mayor Clark: It will, in time, if you give it a chance to grow. It will. It will.
Mr. Gallop: Mr. Plummer, Mr. Plummer, sir...
Mayor Clark: Mr. Attorney, I'm going to move that the pink line offered by the board be denied.
Commissioner Plummer: That's it. Period, amen.
Mayor Clark: That their appeal be denied.
Unidentified Speaker: Right, right.
Mayor Clark: Is there a second? Come one. Somebody, wake up here. Let's go.
Vice Mayor Dawkins: What is the motion, Mr. Mayor?
Mayor Clark: Denies the pink line.
Vice Mayor Dawkins: Deny the pink line.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: OK. OK. Second. I don't know what we're doing here.
Mayor Clark: Call the roll.
Commissioner De Yurre: Discussion, discussion, Mr. Mayor.
Mayor Clark: Oh, Jesus.
Commissioner De Yurre: Oh, yeah. You have to discuss this.
Mayor Clark: Go ahead, discuss it.
Commissioner De Yurre: Theoretically, Mr. City Attorney, if this pink line is denied, does that
not grant, then, the owner the ability to put up another proposed wall of six inches further, in or
out, or to draw something else, all together?
Mr. Jones: No. He would have to go back to he HEP Board.
Commissioner De Yurre: Back again.
Commissioner Plummer: Yeah.
233 July 14, 1994
Commissioner De Yurre: So by denying the pink line, he cannot put any wall at all?
Mr. Jones: Nome whatsoever.
Commissioner Plummer: Without another hearing.
Commissioner De Yurre: Running east/west...
Mr. Jones: Unless you modify the decision that's already been rendered.
Mayor Clark: I'm not going to modify it. All right. Roll call.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-541
A RESOLUTION GRANTING THE APPEAL OF JESSE H. DINER, PIERCE H.
MULLALLY, AND JOHN R.W. PARSONS, AND REVERSING THE DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH
AUTHORIZED A CERTIFICATE OF APPROPRIATENESS FOR THE
CONSTRUCTION OF A 5' CBS WALL AT THE SOUTHEAST SECTION OF THE
PROPERTY, A 5' WROUGHT IRON FENCE AT THE EASTERN END OF
NORTHEAST 57TH STREET, AND A DRIVEWAY ALONG NORTH BAYSHORE
DRIVE, FOR THE PROPERTY LOCATED AT 759 NORTHEAST 57TH STREET,
WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA, SUBJECT
TO CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: He, the owner, has rejected that by his appeal, so I vote with the
motion.
Mayor Clark: 'That's the end of the hearing, folks.
(APPLAUSE)
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
234 July 14, 1994
W
Commissioner Plummer: Oh, I do.
Unidentified Speaker: What?
Commissioner Plummer: Very simply, the appeal of the owner of the property was denied.
Mr. Jones: OK.
Commissioner Plummer: That was the green line.
Mr. Jones: OK.
Commissioner Plummer: All right? The appeal of the neighbors to deny the pink line was also
denied. So there is...
Mr. Jones: No, that was granted.
Commissioner Plummer: What?
Mr. Jones: That was granted.
Commissioner Plummer: No, that was denied. The appeal was granted. The denial... The
appeal was granted.
Mr. Jones: No.
Commissioner Plummer: No, no.
Mr. Jones: That was the effect of what you voted on.
Commissioner Plummer: Mr. Mayor, you better come back here. They're arguing over here.
Mayor Clark: What is it now?
Commissioner Plummer: Well, they're saying what you did, in fact, by your motion... Let them
explain.
Mr. Jones: I'm totally confused. I really am.
Vice Mayor Dawkins: Well, if you are, you know I am.
Mayor Clark: If they've recommended a pink line, I said I don't agree with their
recommendation.
Commissioner Gort: Right. That was the decision.
Mayor Clark: That was the decision.
Mr. Jones: So you're granting the appeal. You're granting the appeal.
Commissioner Gort: OK. All right.
Commissioner Plummer: That means no wall unless they go back before another hearing.
235 July 14, 1994
h f
Mayor Clark: That's exactly right. You got it, Mr. Plummer.
Commissioner Plummer: They granted the appeal. That's correct.
Unidentified Speaker: They don't knew what they did but they did the right thing.
Commissioner Plummer: I thought it was a compromise, it was a good compromise. C'est la
vie.
THERE BEING NO FtJR'I'I-IER BIJSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT T30 P.M.
i
Stephen P. Clark
1' MAYOR j
ATTEST:
' Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
ry h
1 _ .4 - 'J l: w•ur .i . ill
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f
236 July 14, 1994
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