HomeMy WebLinkAboutCC 1994-09-22 MinutesAwk
.R 000A
INDEX
MINUTES OF REGULAR MEETING
September 22, 1994
ITEM SUBJECT LEGISLATION PAGE
NO.
NO.
I
1. PRESENTATION TO CITY OF MIAMI: DISCUSSION
MAYOR OF NORTH MIAMI, THE HONORABLE 9/22/94
MIKE KOLODNY, CITY OF NORTH MIAMI
COUNCILMEN AND ITS CHIEF OF
POLICE -- THANKING CITY OF MIAMI FOR
ITS DONATION TO THE REWARD FOR THE
APPREHENSION AND CONVICTION OF NORTH
MIAMI POLICE OFFICER STEVEN BAUER'S
ASSASSINS.
2. CONSENT AGENDA.
2.1
OFFICIALLY ACCEPT CITY CLERK'S
CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL
ELECTION HELD ON SEPTEMBER 8, 1994,
IN WHICH PROPOSED ISSUANCE OF
$28,000,000 POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS
WAS DISAPPROVED BY THE ELECTORATE.
2.2
OFFICIALLY ACCEPT CITY CLERK'S
CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL
ELECTION HELD ON SEPTEMBER 8, 1994,
IN WHICH PROPOSL"'? ISSUANCE OF
$25, 000, 000 FIRE °_'7HT,LNG, FIRE
PREVENTION AND RESCUE nCIT TTES
BONDS WAS DISAPPROVED BY THE
ELECTORATE.
2.3
SUPPORT "BUILDING BRIDGES / CROSSING
BOUNDARIES", A PROGRAM OF THE DAVE
AND MARY ALPER JEWISH COMMUNITY
CENTER -- ALLOCATE $15,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
2.4
EXECUTE PROFESSfiONAL SERVICES
AGREEMENT WITH A. FOSTER- HIGGINS &
CO., INC.. -- FOR EXPERT ACTUARIAL.
ASSISTANCE, AT A COST NOT TO EXCEED
$50,000 (OCTOBER 1,1994 - SEPTEMBER
30, .1995).
2-3
DISCUSSION 3-5
9/22/94
R 94-672 6
9/22/94
R 94-673 6
9/22/94
R 94-674 7
9/22/94
R 94-675 •7
9/22/94
r
2.5
RATIFY CITY MANAGER'S EMERGENCY
R 94-676
7-8
ACTION IN MAKING PAYMENT
9/22/94
($37,118.52) TO OFFICE OF THE
ATTORNEY GENERAL, DEPARTMENT OF
LEGAL AFFAIRS, FOR THE STATE OF
FLORIDA -- FOR REIMBURSEMENT OF
WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION SAFE
NEIGHBORHOOD CAPITAL IMPROVEMENT
GRANT. (See label 2A)
2.6
DECLARE OCTOBER 31 - NOVEMBER 4,
R 94-677
8
1994 AS "ANTI -GRAFFITI WEEK", IN
9/22/94
CONJUNCTION WITH TASK FORCE AGAINST
i
GRAFFITI, THE COMMUNITIES OF DADE
t
COUNTY, DARE COUNTY BOARD OF
COMMISSIONERS, DADE COUNTY PUBLIC
SCHOOL BOARD AND ENVIRO-MENTORS.
3.
CONFIRM APPOINTMENT OF ALBERTA
R 94-678
8-9
DUNCAN (NOMINATED BY FRATERNAL ORDER
9/22/94
OF POLICE) AS A MEMBER OF THE
AFFIRMATIVE ACTION ADVISORY BOARD.
4.
APPOINT / REAPPOINT MEMBERS TO THE
R 94-679
9-10
PRIVATE INDUSTRY COUNCIL (PIC) OF
9/22/94
SOUTH FLORIDA. (Appointed were:
f;
Linda Eads and Lucia Rojas. Pending
still are two appointments to be
made.)
5.
APPOINT CARLOS DE ZAYAS TO SERVE AS
R 94-680
10-11
AN ALTERNATE, AT -LARGE MEMBER ON THE
9/22/94
WATERFRONT ADVISORY BOARD.
6.
APPROVE CITY MANAGER'S
M 94-681
11-13
RECOMMENDATION TO REFER TO PLANNING
9/22/94
ADVISORY BOARD HOMEOWNERS' PROPOSAL
TO AMEND ZONING ORDINANCE TO
ESTABLISH A 20,000 SQUARE FOOT
MINIMUM LOT SIZE IN BISCAYNE PARK
1,
TERRACE (AREA BOUNDED BY SECOFFEE
STREET, S.W. 22 AVENUE, S. BAYSHORE
DRIVE AND NATOMA STREET).
7.
(A) DIRECT CITY MANAGER TO PUT OUT A
M 94-682
13-20
REQUEST FOR PROPOSALS / REQUEST FOR
R 94-683
QUALIFICATIONS IN CONNECTION WITH
9/22/94
MIAMI SPRINGS GOLF COURSE.
(B) GRANT REQUEST BY REPRESENTATIVES
OF MIAMI SPRINGS SENIOR HIGH SCHOOL
FOR USE OF MIAMI SPRINGS GOLF COURSE
FOR ITS SCHOOL'S GOLF PRACTICE
SESSIONS.
f4
S. (A) APPROVE BAYFRONT PARK MANAGEMENT
TRUST'S OPERATIONS AND MAINTENANCE
BUDGETS FOR FY 1994-1995 --
ACCEPTING ONLY THE CAPITAL PROJECTS
PORTION OF THE BUDGET, TO BE
APPROVED WITHIN 30 DAYS.
(B) DIRECT CITY MANAGER TO MEET WITH
BAYFRONT PARK MANAGEMENT TRUST
EXECUTIVE DIRECTOR, IRA KATZ, IN
ORDER TO IDENTIFY WHICH CAPITAL
PROJECTS FROM THE FY'95 BUDGET CAN
BE FUNDED BY THE CITY.
R 94-684
M 94-684.1
9/22/94
20-23
9.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION 23-24
SPECIAL ITEMS.
9/22/94
10.
ALLOCATE $49,000, ANNUALLY, FROM
R 94-685 24-26
DEPARTMENT OF GSA & SOLID WASTE,
9/22/94
FLEET MANAGEMENT DIVISION BUDGET FOR
AWARD OF NEW CONTRACTS FOR LEASED
VEHICLES (ON AN AS -NEEDED BASIS) TO
BE USED BY CITY OFFICIALS --
SUPPLIERS TO BE DETERMINED BY
COMPETITIVE NEGOTIATIONS.
11.
(A) GRANT FUNDING REQUEST ($15,000)
R 94-686 26-29
BY COMMITTEE ON BEAUTIFICATION AND
M 94-687
ENVIRONMENT FOR FY195, WITH PROVISO
9/22/94
THAT ALL ACTIVITIES AND EVENTS SHALL
TAKE PLACE WITHIN CITY OF MIAMI
BOUNDARIES.
(B) GRANT REQUEST BY CITY OF MIAMI
COMMITTEE ON BEAUTIFICATION AND
ECOLOGY TO CHANGE ITS NAME TO CITY
OF MIAMI COMMITTEE ON BEAUTIFICATION
AND ENVIRONMENT.
12.
(A) BRIEFLY DISCUSS AND DEFER (TO
DISCUSSION 30-31
OCTOBER 27TH MEETING) CONSIDERATION
9/22/94
OF FUNDING REQUEST BY VISION QUEST
CRIME PARTNERS, INC. IN CONNECTION
WITH THEIR AFTER SCHOOL CARE PROGRAM
WITH HIGH RISK JUVENILES.
13.
GRANT SUBSIDY REQUEST ($12,000) BY
R 94-688 31-33
GREATER MIAMI CONVENTION AND
9/22/94
VISITORS BUREAU TO PAY FOR RENTAL OF
KNIGHT CENTER FOR OPENING CEREMONIES
DURING POW WOW 194 EVENT.
14.
DISCUSSION CONCERNING DEAD-END ALLEY
DISCUSSION 33-37
LOCATED BETWEEN PROPERTY OWNERS ON
9/22/94
LOQUAT AVENUE AND ST. HUGH OAKS
VILLAGE CONDOMINIUM PROJECT IN
COCONUT GROVE -- REFER ISSUE BACK TO
PUBLIC WORKS DEPARTMENT WITH REQUEST
FOR A RECOMMENDATION.
w
15. AUTHORIZE CITY MANAGER TO REALLOCATE R 94-689
$50,000 IN UNEXPENDED 19TH YEAR M 94-689.1
COMMUNITY DEVELOPMENT BLOCK GRANT 9/22/94
(CDBG) PROGRAM FUNDS (THE OASIS
PROJECT) -- TO PROVIDE FUNDING TO
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION FOR UNDERTAKING HOUSING
RELATED ACTIVITIES IN COCONUT GROVE
NEIGHBORHOOD -- WITH PROVISO.
16. (A) RATIFY CITY MANAGER'S FINDING R 94-690
THAT EMERGENCY NEED EXISTED -- WAIVE 9/22/94
COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF CARPETING FOR CITY HALL
FROM REY'S CARPET -- FOR DEPARTMENT
OF GSA & SOLID WASTE -- ALLOCATE
$9,623.
(B) DIRECT ADMINISTRATION TO JUSTIFY
ALL EMERGENCIES IN THE FUTURE.
17. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE
INITIAL RESOURCES / APPROPRIATIONS 11176
FOR SPECIAL REVENUE FUND: STREET 9/22/94
GANGS TASK FORCE -- ACCEPT GRANT OF
$12,359 -- EXECUTE NECESSARY
AGREEMENTS.
1s. BRIEFLY DISCUSS AND TEMPORARILY DISCUSSION
TABLE CONSIDERATION OF PROPOSED 9/22/94
FIRST READING ORDINANCE TO AMEND
11139, BY ESTABLISHING
APPROPRIATIONS FOR A CAPITAL
IMPROVEMENT PROJECT: ADMINISTRATION
BUILDING / GROUND FLOOR ENCLOSURE
(CIP 311032) ($288,300). (See
labels 32 & 35]
19. ALLOCATE $160,000 FROM ECONOMIC R 94-691
DEVELOPMENT RESERVE AND INCENTIVE 9/22/94
FUND (PREVIOUSLY FUNDED FROM 20TH
YEAR CDBG FUNDS) -- FOR RENOVATING
OVERTOWN SHOPPING CENTER.
20. (A)RECONSIDER PRIOR DEFERRAL OF M 94-692
DISCUSSION CONCERNING MAJOR ISSUES 9/22/94
IN THE OVERTOWN AREA.
(B) PERSONAL APPEARANCE: ADREAN
LAMS -- TO DISCUSS POSSIBILITY OF
HAVING A SOFTBALL TEAM AT DORSEY
PARK IN THE OVERTOWN AREA -- REFER
ISSUE TO CITY MANAGER.
37-41
41-44
44-45
45-46
46-48
49-51
21.
DISCUSSION CONCERNING PROPOSED
DISCUSSION
RESOLUTION DECLARING THAT MOST
9/22/94
ADVANTAGEOUS METHOD TO DEVELOP
CERTAIN IMPROVEMENTS ON DESIGNATED
CITY -OWNED LAND IS BY A UNIFIED
DEVELOPMENT PROJECT (UDP) --
AUTHORIZE MANAGER TO PREPARE RFP FOR
UDP FOR DEVELOPMENT OF CITY
COMMISSION CHAMBERS AND PHASE II
ADMINISTRATION BUILDING ON CITY -
OWNED LAND ADJACENT TO 275 N.W. 2
STREET -- SCHEDULE PUBLIC HEARING
FOR DECEMBER 8, 1994.
22.
AUTHORIZE ISSUANCE OF $25,000,000
R 94-693
TAX ANTICIPATION NOTES, SERIES
9/22/94
1994 -- FOR MEETING CERTAIN OF THE
CITY'S CASH FLOW REQUIREMENTS FOR FY
ENDING SEPTEMBER 30, 1995.
23.
AUTHORIZE CITY MANAGER TO EXECUTE
R 94-694
AMENDMENT TO EXISTING AGREEMENT WITH
9/22/94
JOINT VENTURE OF BEDMINSTER / SEACOR
SERVICES, INC., THEREBY AMENDING
SAID AGREEMENT WHICH ENGAGED THE
SERVICES OF BEDMINSTER / SSI TO
DESIGN / CONSTRUCT / ACCEPTANCE TEST
/ FINANCE / OWN / OPERATE A SOLID
WASTE PROCESSING FACILITY, BY
ALLOWING 30 MONTHS FROM EXECUTION OF
CONTRACT FOR THE PLAN TO BE IN
OPERATION.
24.
EXECUTE AGREEMENT WITH WHEELABRATOR
R 94-695
SOUTH BROWARD, INC. IN ESTIMATED
9/22/94
AMOUNT OF $4,400,000 -- FOR
ACCEPTANCE AND DISPOSAL OF
PROCESSABLE WASTE FROM CITY OF
MIAMI.
25.
EXECUTE AGREEMENT WITH HOLLAND &
R 94-696
KNIGHT -- FOR PROFESSIONAL
9/22/94
LEGISLATIVE CONSULTATION SERVICES ON
BEHALF OF THE CITY (OCTOBER 1,
1994 - SEPTEMBER 30, 1999) --
ALLOCATE $100,000, ANNUALLY, PLUS
$20,000 ANNUAL REIMBURSABLE EXPENSES
FROM LEGISLATIVE LIAISON GENERAL
FUND.
51-58
58-60
60-63
63-64
65-67
/°`"�
26.
(A) ACCEPT PROPOSAL OF BOOTH
R 94-697 67-72
RESEARCH GROUP, INC. -- TO DEVELOP
R 94-698
AND IMPLEMENT A CUSTOMIZED WRITTEN
9/22/94
EXAMINATION AND ASSESSMENT CENTER
PROCESS FOR CLASSIFICATION OF CHIEF
FIRE OFFICER -- ALLOCATE $35,325.
(B) ACCEPT PROPOSAL OF BOOTH
RESEARCH GROUP, INC. -- TO DEVELOP
AND IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND ASSESSMENT CENTER
PROCESS FOR CLASSIFICATION OF FIRE
CAPTAIN -- ALLOCATE $44,325.
27.
AUTHORIZE RENTAL OF 23 ADDITIONAL
R 94-699 73-74
VEHICLES FROM ROYAL RENT -A -CAR --
9/22/94
FOR POLICE DEPARTMENT (UNDER
EXISTING BID NO. 92-93-083R) --
ALLOCATE $175,260 FROM: (a) LAW
ENFORCEMENT TRUST FUND (LETF); (b)
CRACK COCAINE GRANT SPECIAL REVENUE
FUND; (c) PUBLIC RESEARCH DOCUMENTS
SPECIAL REVENUE FUND; (d) HAITIAN
NARCOTICS TRAFFICKING ENFORCEMENT
TEAM SPECIAL REVENUE FUND; AND (e)
DRUG FREE NEIGHBORHOOD TASK FORCE.
28.
REFER DESIGN PROPOSAL BY DON
M 94-700 75-76
DiGIACOMO, ENTITLED "NEW BAYSIDE
9/22/94
MARINA," CALLING FOR A NEW MOORING
SYSTEM KNOWN AS "HIGH-WATER" TO CITY
MANAGER FOR HIS REVIEW -- DIRECT
ADMINISTRATION TO BRING THIS ISSUE
BACK AT OCTOBER 27TH MEETING, WITH A
RECOMMENDATION.
29.
APPROPRIATE APPROXIMATELY $11,000
R 94-701 77-79
FOR THREE CONSULTANTS FOR THE
9/22/94
INTERNATIONAL TRADE BOARD: (a)
ROBERTO BERRIOS, ECONOMIC AND TRADE
DATA ANALYST; (b) OMAR DIAZ-
SALINERO, GRANT SPECIALIST; AND (c)
MILA CERVONE D'URSO, INTERNATIONAL
TRADE SPECIALIST -- TO PAY NECESSARY
PROFESSIONAL SERVICES FEES FOR
BALANCE OF FY ENDING SEPTEMBER 30,
1994.
30.
DISCUSSION CONCERNING BAYFRONT PARK
DISCUSSION 79-80
MANAGEMENT TRUST'S OPPOSITION TO
9/22/94
PROPOSED EXPANSION OF THE PORT OF
MIAMI IN BICENTENNIAL PARK.
31. CITY ATTORNEY REQUESTS AUTHORIZATION
TO SOLICIT LAW FIRMS TO RESPOND TO
THE CITY'S REQUEST • FOR
QUALIFICATIONS IN ORDER TO ESTABLISH
A BOND COUNSEL REGISTER -- DIRECT
CITY ATTORNEY TO COME BACK WITH
PERTINENT CRITERIA AS TO HOW LONG
SAID REGISTER WILL BE IN EFFECT,
SELECTION OF ROTATION GUIDELINES,
ETC.
32. (A) (Continued) RECONSIDER DEFERRAL
OF PROPOSED FIRST READING ORDINANCE
TO AMEND 11139 IN ORDER TO ESTABLISH
A CAPITAL IMPROVEMENT PROJECT:
ADMINISTRATION BUILDING / GROUND
FLOOR ENCLOSURE. (See labels 18 &
35)
(B) ESTABLISH A BLACK SET -ASIDE FOR
AFRICAN-AMERICAN CONTRACTORS IN
CONNECTION WITH THE ABOVE -PROPOSED
CAPITAL IMPROVEMENT PROJECT.
33. AUTHORIZE FUNDING FOR THE "KIDS FOR
PEACE" PROGRAM IN CONNECTION WITH A
LOCAL CAMPAIGN DEVISED BY METRO-DADE
COUNTY, CITY OF MIAMI, AND CERTAIN
COMMUNITY BASED ORGANIZATIONS TO
PROMOTE PEACE IN THE COMMUNITY --
ALLOCATE $14,850 FROM LETF, WITH THE
PROVISO THAT SAID MONIES BE SPENT
WITHIN CITY OF MIAMI LIMITS.
34. (A) EXPRESS SYMPATHY AND CONDOLENCES
TO FAMILY AND FRIENDS OF MELVIN
GREENBERG.
(B) EXPRESS SYMPATHY AND CONDOLENCES
TO FAMILY AND FRIENDS OF VINCENT P.
McGHEE.
(C) EXPRESS SYMPATHY AND CONDOLENCES
TO FAMILY AND FRIENDS OF RICHARD E.
ALBURY ("NASSAU DADDY SHOESHINE
MAN").
35. (Continued) FIRST READING ORDINANCE:
AMEND 11139, BY ESTABLISHING
APPROPRIATIONS ($288,300) FOR A
CAPITAL IMPROVEMENT PROJECT:
ADMINISTRATION BUILDING / GROUND
FLOOR ENCLOSURE (CIP 311032), AS
PREVIOUSLY MODIFIED BY THE CITY
COMMISSION, TO INCLUDE A SET -ASIDE
FOR AFRICAN-AMERICAN CONTRACTORS.
(See labels 18 & 32)
DISCUSSION
9/22/94
M 94-702
M 94-703
9/22/94
R 94-704
9/22/94
R 94-705
R 94-705.1
R 94-705.2
9/22/94
ORDINANCE
FIRST
READING
9/22/94
81
82-84
85-87
87-88
89
OWN
IQ
36. AFFIRM ZONING BOARD'S DECISION IN
GRANTING VARIANCE FROM 11000 TO
WAIVE FOUR OF SEVEN REQUIRED OFF-
STREET PARKING SPACES IN CONNECTION
WITH PROPOSED HEALTH CLINIC AT 3080
W. FLAGLER STREET -- ZONED R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, WITH TIME LIMITATION ON
PULLING OF BUILDING PERMIT, AND
CONDITIONED UPON A COVENANT.
(Applicant: West Pain Care Center,
Inc. Appellant: City of Miami.)
37. AFFIRM ZONING BOARD'S DECISION IN
GRANTING SPECIAL EXCEPTION TO ALLOW
A HEALTH CLINIC AT 3080 W. FLAGLER
STREET -- ZONED R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL --
SUBJECT TO PROVISOS. (Applicant:
West Flagler Pain Care, Inc.)
38. GRANT APPEAL AND REVERSE ZONING
BOARD'S DECISION WHICH UPHELD ZONING
ADMINISTRATOR'S INTERPRETATION
(DATED MAY 4, 1994), IN WHICH HE
DENIED A LEGAL NONCONFORMING USE FOR
A BAIL BOND OFFICE AT 1600 N.W.
NORTH RIVER DRIVE -- ZONED R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL -- SUBJECT TO PROVISOS.
(Applicant: F.R.B. Corp., c/o
Rolando Barrero. Appellant:
Charles J. Flowers.)
39. REVERSE ZONING BOARD'S DECISION AND
GRANT VARIANCE FROM ORDINANCE 11000
(LIMITATION OF LOCATION AND
EXTENSION OF DOCKS AND PIERS IN
RESIDENTIAL DISTRICTS) TO PERMIT AN
EXISTING DOCK WITH A LESSER SIDE
SETBACK THAN REQUIRED, FOR A SINGLE
FAMILY RESIDENCE AT 1771 FAIRHAVEN
PLACE. (Applicant / Appellant:
KRO, Inc.)
40. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 3629
N.W. 20 COURT FROM MULTI -FAMILY
MEDIUM DENSITY RESIDENTIAL TO
GENERAL COMMERCIAL (Applicant:
Ameriland Enterprises, Inc.).
R 94-706
9/22/94
R 94-707
9/22/94
R 94-708
9/22/94
R 94-709
9/22/94
FIRST
READING
ORDINANCE
9/22/94
90-93
94-95
95-100
100-103
103-105
41. FIRST READING ORDINANCE: AMEND
11000 ATLAS - CHANGE DESIGNATION AT
3629 N.W. 20 COURT FROM R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL (Applicant: Ameriland
Enterprises, Inc.).
4 42. (A) DENY APPEAL, AFFIRM ZONING
BOARD'S DECISION WHICH UPHELD ZONING
ADMINISTRATOR'S INTERPRETATION
(DATED MAY 26, 1994) APPROVING AN
AMUSEMENT CENTER USE FOR PROPERTY AT
2895 McFARLANE ROAD, WITH
CONDITIONS. (Applicant: T.S.T.
Florida Partners. Appellant:
i Stephen Helfman, Esq. & W. Tucker
Gibbs, Esq.)
(B) DENY APPEAL AND AFFIRM ZONING
BOARD'S DECISION, WHICH AFFIRMED
ISSUANCE OF CLASS II SPECIAL PERMIT
{ (APPLICATION NO. 94-2523), WITH
CONDITIONS, BY PLANNING, BUILDING &
ZONING DEPARTMENT DIRECTOR, FOR
EXTERIOR CONFIGURATION OF A
RECREATIONAL ESTABLISHMENT AT 2895
McFARLANE ROAD. (Applicant: T.S.T.
Florida Partners. Appellant:
Stephen Helfman, Esq. & W. Tucker
Gibbs, Esq.)
43. COMMISSIONER PLUMMER DIRECTS
ADMINISTRATION TO ENFORCE
AGGRESSIVELY ZONING REGULATIONS IN
CONNECTION WITH STRUCTURES AT DAY
AND MATILDA STREETS IN COCONUT GROVE
WHICH ARE BEING USED AS CRACK
HOUSES.
44. SECOND READING ORDINANCE: AMEND
11000, ARTICLE 9 (GENERAL AND
SUPPLEMENTARY REGULATIONS), BY
AMENDING SECTION 932 (CHRISTMAS TREE
SALES; HOLIDAY SALES) -- BY ALLOWING
SALE OF CHRISTMAS TREES AND PUMPKINS
BY CLASS I SPECIAL PERMIT IN
COMMERCIAL, INDUSTRIAL, GOVERNMENT
AND INSTITUTIONAL, AND RESIDENTIAL
DISTRICTS, SUBJECT TO CERTAIN
CONDITIONS.
ORDINANCE
FIRST
READING
9/22/94
R 94-710
R 94-711
9/22/94
DISCUSSION
9/22/94
ORDINANCE
11177
9/22/94
105-106
107-121
122-123
123-124
45. SECOND READING ORDINANCE: AMEND
ORDINANCE
11000 TEXT, BY AMENDING ARTICLE 4 TO
11178
ALLOW FEDERAL / STATE / LOCAL
9/22/94
GOVERNMENT OFFICES AS PERMITTED
PRINCIPAL USE IN 0-OFFICE DISTRICT;
ETC. -- ARTICLE 6, TO CHANGE EFFECT
OF SD DISTRICT DESIGNATION FOR SD-1,
SD-8, SD-11 AND SD-13; ETC.; SD-12
OVERLAY DISTRICT TO CLARIFY ITS
APPLICATION ONLY TO RESIDENTIAL
DISTRICTS; SD-13 DISTRICT TO CORRECT
ERRONEOUS REFERENCE; SD-16, SD-16.1
AND 23-16.2 TO PERMIT DRIVE -THROUGH
RESTAURANTS AS CONDITIONAL PRINCIPAL
USE BY SPECIAL EXCEPTION ONLY --
ARTICLE 9 TO INCREASE SIZE OF
PERMITTED AWNINGS; TO CONDITIONALLY
PERMIT TEMPORARY PARKING DURING
CONSTRUCTION BY CLASS II SPECIAL
PERMIT; ETC. (Applicant: Planning,
Building & Zoning Dept.)
46. FIRST READING ORDINANCE: AMEND
ORDINANCE
10544 (MCNP) FUTURE LAND USE MAP --
FIRST
CHANGE LAND USE DESIGNATION AT 2515
READING
S.W. 7 STREET FROM SINGLE FAMILY
9/22/94
RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Planning,
Building & Zoning Dept.).
47. (A) DISCUSSION CONCERNING STUDY
EVALUATING PROS AND CONS OF PROPOSED
MERGER OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD AND
THE URBAN DEVELOPMENT REVIEW
BOARD -- DIRECT ADMINISTRATION TO
ADVERTISE PRESENTLY VACANT POSITIONS
ON BOTH ABOVE -CITED BOARDS
PREVIOUSLY HELD BY MEMBERS WHO WERE
INELIGIBLE.
(B) DENY PROPOSED FIRST READING
ORDINANCE TO AMEND CODE BY
ABOLISHING THE CITY OF MIAMI
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD AND THE CITY OF
MIAMI URBAN DEVELOPMENT REVIEW
BOARD, AND ESTABLISHING, IN LIEU
THEREOF, A NEW BOARD: CITY OF MIAMI
DESIGN AND PRESERVATION BOARD.
48. GRANT REQUEST BY DADE COUNTY
ALLIANCE AGAINST DOMESTIC
VIOLENCE -- PROCLAIM OCTOBER 15,
1994 AS "DOMESTIC VIOLENCE AWARENESS
DAY" -- ALLOCATE $3,000 IN SUPPORT
OF ITS WALK-A-THON AND RALLY AT
BAYFRONT PARK.
M 94-712
M 94-713
9/22/94
R 94-714
9/22/94
125-126
127-128
128-132
132-136
49. (A) DISCUSSION CONCERNING PROPOSED
MILLAGE RATE AND ADOPTED TENTATIVE
BUDGET FOR CITY OF MIAMI FOR FY
1994-95.
(B) PUBLIC HEARING HELD.
(C) INSTRUCT ADMINISTRATION TO
PREPARE LEGISLATION DESIGNATING
TRIPLEXES AND QUADRUPLEXES AS
RESIDENTIAL PROPERTY FOR PURPOSES OF
GARBAGE CHARGES AT A COST OF $160
PER UNIT PER YEAR -- STIPULATE THAT
SAID ACCOUNTS MAY OPT TO OBTAIN
SERVICES OF A PRIVATE HAULER.
(D) SECOND READING ORDINANCE:
DEFINING / DESIGNATING TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION -- FIXING
MILLAGE AND LEVYING TAXES FOR FY
BEGINNING OCTOBER 1, 1994 -
SEPTEMBER 30, 1995.
(E) SECOND READING ORDINANCE:
MAKING APPROPRIATIONS FOR CITY OF
MIAMI FOR FY ENDING SEPTEMBER 30,
1995.
50.
(F) APPROVE LAW DEPARTMENT'S BUDGET
AS PRESENTED IN THE CITY'S BUDGET --
STIPULATE THAT IN ORDER TO APPROVE
ANY EXTRA MONIES, THE CITY ATTORNEY
MUST COME BEFORE THE CITY COMMISSION
TO JUSTIFY SAID REQUEST.
(G) BRIEF COMMENTS CONCERNING CODE
ENFORCEMENT FINES.
(A) DISCUSSION CONCERNING PROPOSED
MILLAGE RATE AND ADOPTED TENTATIVE
BUDGET FOR DOWNTOWN DEVELOPMENT
DISTRICT FOR FY 1994-95.
(B) PUBLIC HEARING HELD.
(C) SECOND READING ORDINANCE:
DEFINING / DESIGNATING TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI --
FIXING MILLAGE AND LEVYING TAXES IN
DOWNTOWN DEVELOPMENT DISTRICT FOR FY
BEGINNING OCTOBER 1, 1994 -
SEPTEMBER 30, 1995.
(D) SECOND READING ORDINANCE.
MAKING APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMENT DISTRICT FOR FY
BEGINNING OCTOBER 1, 1994 -
SEPTEMBER 30, 1995.
DISCUSSION
M 94-715
ORDINANCE
11179
M 94-716
ORDINANCE
11180
9/22/94
ORDINANCE
11181
ORDINANCE
11182
9/22/94
136-159
159-163
51. APPROVE FY 1994-95 ADMINISTRATION R 94-717 164-166
BUDGET OF THE MIAMI SPORTS AND 9/22/94
EXHIBITION AUTHORITY.
0
52. GRANT APPEAL -- REVERSE ZONING
BOARD'S DECISION TO GRANT SPECIAL
EXCEPTION FROM ORDINANCE 11000 TO
ALLOW AN EXTENDED CARE FACILITY FOR
PROPERTY AT 3800-3850 W. FLAGLER
STREET -- ZONED C-1 RESTRICTED
COMMERCIAL. (Applicant: Jose M.
Alvarez, Miami Mental Health Center.
Appellants: neighbors.)
53. AUTHORIZE PURCHASE OF UNISYS
COMPUTERS AND PERIPHERALS FROM
UNISYS CORPORATION (UNDER EXISTING
STATE OF FLORIDA MICROCOMPUTER
CONTRACT NO. 250-040-93-1), FOR
POLICE DEPARTMENT -- ALLOCATE
$22,540 FROM LAW ENFORCEMENT TRUST
FUND (LETF).
54. AUTHORIZE PURCHASE OF COMPUTER
SOFTWARE AND HARDWARE FROM COMPUTER
EXPRESS / MICROAGE (UNDER EXISTING
DADE COUNTY CONTRACT NO. 1059-1093-
OTR-CW), FOR POLICE DEPARTMENT --
ALLOCATE $10,960 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
R 94-718
9/22/94
R 94-719
9/22/94
R 94-720
9/22/94
166-194
195
196-197
A%� e
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of September, 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 9:09 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
` Vice Mayor Miller J. Dawkins
4 Commissioner Victor De Yurre
An invocation was delivered by Mayor Clark, who then led those present in a pledge of
allegiance to the flag.
1 September 22, 1994
----------------------------------------------------------------------------------------------------------------
1. PRESENTATION TO CITY OF MIAMI: MAYOR OF NORTH MIAMI, THE
HONORABLE MIKE KOLODNY, CITY OF NORTH MIAMI COUNCILMEN
AND ITS CHIEF OF POLICE -- THANKING CITY OF MIAMI FOR ITS
DONATION TO THE REWARD FOR THE APPREHENSION AND
CONVICTION OF NORTH MIAMI POLICE OFFICER STEVEN BAUER'S
ASSASSINS.
Mayor Clark: Before we start our regular agenda, I'd like to recognize the Mayor of North
Miami, Mr. Mike Colodny. Mr. Mayor.
Mayor Michael Kolodny: Mr. Mayor and members of the Commission, I have with me today
our Chief of Police of North Miami, Ken Each. The City of North Miami would pray that no
other municipality would ever have to suffer the anguish, and the tears, and the torment of the
loss of a police officer, as we did in North Miami when Steve Bauer was so brutally murdered.
And during that time of terrible strife and frustration, there were certain great oak trees that we
had and leaned upon, the Bauer family, our Chief and our police staff. And into that time of
anguish came a ray of sunshine and hope. I then... Just if... If I could just personally go for a
second. I remember the day that I was in City Hall - excuse me - I was in the police station three
days after Steve Bauer got killed. And our police officers had worked seventy-two hours
straight, trying to apprehend the culprits, and they were tired, and they were frustrated, and they
were angry. And into City Hall walked Commissioner Plummer. I can't tell you the response
and the ray of hope when he communicated to us what the City of Miami Commission and the
City of Miami had done in matching our fifty thousand dollar reward with an additional fifty
thousand dollars. And I'm sure that Commissioner Plummer and this Commission, to this day,
doesn't realize that when he left that police station, those officers just were reinvigorated, and
were willing to work another seventy-two hours of time. And that match, that fifty thousand
dollar match, we sincerely feel, was what led us to the apprehension of these individuals. To the
City of Miami and to this Commission, and to the people of this great City, you have our
undying thanks, the thanks of the Bauer family, the thanks of our police force, and the thanks of
every member of our community. This Commission and this City clearly demonstrated a
community interest in a need to preserve justice, and to preserve the place and the honored place
of police officers in our community. And today, I'll turn it over to our chief to make the
presentation of what we know is just a plaque, but please understand, with this plaque comes our
undying thanks and gratitude. Thank you from the City of North Miami. Chief Each.
[NOTE: Vice Mayor Miller J. Dawkins entered the Commission
Chamber at9:11 a.m.
Chief Kenneth Each: Mr. Mayor, Commissioners, Mr. Manager, on behalf of the Bauer family,
on behalf of the members of the North Miami Police Department, on behalf of the police officers
within Dade County, we, from the bottom of our hearts, thank you. Ironically, these five
parasites who committed this heinous crime are now in the sentencing portion of their trial. As
we speak right now, the widow of Sergeant Steven Bauer is over at the courthouse, watching the
sentencing portion. These five domestic terrorists reined havoc on the total community, and
your leadership, your inspiration, and _your commitment to justice have reached new heights:
And I cannot express -in words how -I feet at this moment. I- can say, on behalf of the -
2 = September 22, 1994
W
Department, on behalf of Carolyn Bauer, and her family, and myself, our heartfelt thanks.
Without any further ado, we want to present you a plaque with Steven Bauer's badge on it, and it
reads:
"Presented to the City of Miami, with sincere appreciation for your assistance,
leadership, and commitment to justice, in memory of Sergeant Steven Bauer,
killed in the line of duty, January 3, 1992, presented 22 September, 1994, North
Miami Police Department."
Again, thank you.
Mayor Clark: Would you come around this way, Chief? Come up, Mike, and take a picture up
here.
----------------------------------------------------------------------------------------------------------------
2. AGENDA.
�A)CONSENT
B)DISCUSSION CONCERNING PROPOSED RESOLUTION TO RATIFY
CITY MANAGER'S EMERGENCY ACTION IN MAKING PAYMENT TO
OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL
AFFAIRS, FOR THE STATE OF FLORIDA, FOR REIMBURSEMENT OF
THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION SAFE NEIGHBORHOOD CAPITAL IMPROVEMENT
GRANT. (See label 2.5)
------------------------------------------------------ ---------------------------------------------------------
Mayor Clark: All right. Is there any discussion on the consent agenda?
Vice Mayor Dawkins: Pull... I'd like to just discuss item 5.
Commissioner Plummer: Likewise. Do we have any minutes to approve?
Mayor Clark: Yes, any minutes?
Commissioner Plummer: None.
Mayor Clark: All right. Item 5, Mr. Dawkins.
Commissioner Plummer: Mr. Manager, you better listen to this, and Mr. City Attorney.
Vice Mayor Dawkins: Mr. Manager, I'm aware of all of this, but would you just give me a
summary of what this is, how it came about, and why?
Mr. Cesar Odio (City Manager): Yes. This is the grant that we obtained, the SNID (Safe
Neighborhood Improvement District) grant. Mr. Rios and the Wynwood Economic
Development Corporation did not comply with every document that the State requested from
them. We've been negotiating with the State for a long time. They wanted us to reimburse the
whole grant, and if.. And we have lost, as a matter of fact, grants to the Police Department,
because of the failure of Wynwood Economic Development Corporation to comply with
requirements. If we do not reimburse the thirty-six thousand dollars to the State, we will not be
able to obtain any more grants from the State. And we are paying here for the inadequacies that
Wynwood Economic Development Corporation had at that time. That's what happened here.
Vice Mayor Dawkins: But how many times you... See, you have to put it in the record, Mr.
Manager...
i
3 September 22, 1994
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: .. the number of times that you had Mr. Rios before this Commission,
telling him that papers, forms and et cetera were not being sent to Tallahassee in a timely
manner, and that it was jeopardizing the entire grant, and that we may have to pay this back.
You have to put it in the record, how many times you did that, sir.
Mr. Odio: Yes. We spent at least six months dealing with Mr. Rios. We spent monies to
outside CPA (certified public accountant) firms to audit this grant. And in spite of that, having
exit conference with him upstairs, and with the outside auditors, saying this has to be done, this
has to be done, somehow, he always managed not to do it. And he put in jeopardy our
relationship with the State to the point that a grant that I know of from the Police Department
was denied because of the problems we were having with SNID.
Vice Mayor Dawkins: OK. Please get me a memo on what that grant was, because just telling
me "the grant" doesn't...
Mr. Odio: Yes, sir. I'd be glad to do that.
Vice Mayor Dawkins: I need one more thing, and then I'll be finished, Mr. Mayor. Mr. City
Attorney, Mr. Rios says that this Commission does not like him. In the event that I should - if
you have not already done it - pass a motion, Mr. City Attorney, that we have to go after those
who are responsible to get the money that the City owes out. If we say... If I say, "Go after him
personally," is that a personal vendetta?
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, let me just say this. I'll be happy to
discuss with each of you any...
Vice Mayor Dawkins: OK. That's good enough for me.
Mr. Jones: OK.
Vice Mayor Dawkins: Thank you. That's good enough. No further questions.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
[NOTE: Commissioner Victor De Yurre entered the Commission
Chamber at 9:17 a.m.
Commissioner Plummer: Just for a point of information. I don't remember exactly how many
months ago, but it's been many months ago that this Commission designated me as the liaison to
the Wynwood organization. And for the record, there has been one meeting, and one meeting
only. There was another meeting that was called, knowing I was on vacation, and that is all that
has transpired in many, many months. So I just want it on the record that to my knowledge,
there has been no meeting of the board, with the exception of the one which I did attend, and one
which was scheduled, knowing that I would be out of town. So I'm just putting that on the
record, that I'm not derelict in not attending meetings. There have been no meetings called,
period. The last meeting which I went to, the office was locked, the phones were on an
answering machine, and I was told by the next door neighbors when I inquired that they're very
seldom ever there. So I'm just putting that on the record.
4 September 22, 1994
SK
Mayor Clark: All right.
Mr. Odio: Maybe I should put on the record, as Commissioner Dawkins requests, Mr. Mayor,
the exact wording of what happened here, just in case, because we are... All of the documents on
Wynwood have been subpoenaed by the HUD (Department of Housing and Urban
Development), so the Wynwood Community Economic Development Corporation was a
recipient of a $95,200 Safe Neighborhood Capital Improvement Grant, received by the City from
the State of Florida for the implementation of the Safe Neighborhood Improvement District
Project. Based upon a review of the City's independent auditors' report, and other material
submitted relative to WCEDC's (Wynwood Community Economic Development Corporation)
expenditures of these grant funds, the State concluded that several expenditures by WCEDC
were considered unallowable for reasons such as: No supporting documentation to evidence that
the expenditures were incurred to benefit the project; insufficient documentation of time spent on
the project; expenditures incurred after the close of the grant period, et cetera. As a result of this
determination, on July 13th of 1994, the Office of the Attorney General requested
reimbursement from the City of $37,118.52 on or before August 13th of 1994. In order to meet
this deadline, a check was forwarded to the Office of the Attorney General on August 3, 1994.
Vice Mayor Dawkins: Thank you.
Mayor Clark: All right. Other than that, CA-5, is there other discussion on the consent agenda?
Commissioner Plummer: I move the approval of the consent agenda.
Commissioner Gort: Second.
Mayor Clark: Is there anyone present who would like to speak on the consent agenda? Moved
by Mr. Plummer, seconded by Mr. Gort. With no discussion, cast a unanimous ballot, Madam
Clerk.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
5 September 22, 1994
2.1 OFFICIALLY ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 8, 1994,
IN WHICH PROPOSED ISSUANCE OF $29,000,000 POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BONDS WAS DISAPPROVED BY THE
ELECTORATE.
RESOLUTION NO. 94-672
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY
ACCEPTING THE CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON SEPTEMBER 8, 1994, ATTACHED HERETO
AND MADE A PART HEREOF, IN WHICH THE ISSUANCE IN AN
AGGREGATE AMOUNT NOT EXCEEDING $28,000,000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS
OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING AND
COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS,
WAS DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2 OFFICIALLY ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 8, 1994,
IN WHICH PROPOSED ISSUANCE OF $25,000,000 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BONDS WAS DISAPPROVED BY THE
ELECTORATE.
RESOLUTION NO.94-673
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY
ACCEPTING THE CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON SEPTEMBER 8, 1994, ATTACHED HERETO
AND MADE A PART HEREOF, IN WHICH THE ISSUANCE IN AN
AGGREGATE AMOUNT NOT EXCEEDING $25,000,000 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS
OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING AND
COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS,
WAS DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
6 September 22, 1994
2.3 SUPPORT BUILDING BRIDGES / CROSSING BOUNDARIES", A PROGRAM OF
THE DAVE AND MARY ALPER JEWISH COMMUNITY CENTER -- ALLOCATE
$15,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO.94-674
A RESOLUTION AUTHORIZING THE SUPPORT OF "BUILDING
BRIDGES/CROSSING BOUNDARIES, A PROGRAM OF THE DAVE
AND MARY ALPER JEWISH COMMUNITY CENTER, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $15,000, FROM THE CITY OF MIAMI LAW
ENFORCEMENT TRUST FUND, SUCH COST HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH A. FOSTER HIGGINS
& CO., INC. -- FOR EXPERT ACTUARIAL ASSISTANCE, AT A COST NOT TO
EXCEED $50,000 (OCTOBER 1, 1994 - SEPTEMBER 30, 1995).
RESOLUTION NO. 94-675
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FIRM OF A. FOSTER HIGGINS & CO., INC., FOR
EXPERT ACTUARIAL ASSISTANCE AT A COST NOT TO EXCEED
$50,000, FOR THE PERIOD OF OCTOBER 1, 1994 THROUGH
SEPTEMBER 30, 1995; ALLOCATING FUNDS THEREFOR FROM
THE PENSION ADMINISTRATION TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5 RATIFY CITY MANAGER'S EMERGENCY ACTION IN MAKING PAYMENT
($37,118.52) TO OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF
LEGAL AFFAIRS, FOR THE STATE OF FLORIDA -- FOR REIMBURSEMENT OF
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION SAFE
NEIGHBORHOOD CAPITAL IMPROVEMENT GRANT. (See label 2A)
RESOLUTION NO.94-676
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S EMERGENCY ACTION IN MAKING A
PAYMENT TO THE OFFICE OF THE ATTORNEY GENERAL,
DEPARTMENT OF LEGAL AFFAIRS, FOR THE STATE OF
FLORIDA, IN THE AMOUNT OF $37,118.52 FOR REIMBURSEMENT
OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
_ - CORPORATION SAFE - -NEIGHBORHOOD - -CAPITAL - _ -
" -IMPROVEMENT _GRANT;_- ALLOCATING FUNDS THEREFOR -
- FROM SPECIAL PROGRAMS AND ACCOUNTS, NO. 921002 321.
- - - - -- 7 - -- September 22, 1994
M
.W
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 DECLARE OCTOBER 31 - NOVEMBER 4, 1994 AS "ANTI -GRAFFITI WEEK", IN
CONJUNCTION WITH TASK FORCE AGAINST GRAFFITI, THE COMMUNITIES
OF DADE COUNTY, DADE COUNTY BOARD OF COMMISSIONERS, DADE
COUNTY PUBLIC SCHOOL BOARD AND ENVIRO-MENTORS.
RESOLUTION NO.94-677
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
THE WEEK OF OCTOBER 31 THROUGH NOVEMBER 4, 1994 AS
"ANTI -GRAFFITI WEEK" IN CONJUNCTION WITH THE TASK
FORCE AGAINST GRAFFITI, THE COMMUNITIES OF DADE
COUNTY, THE DADE COUNTY BOARD OF COMMISSIONERS,
THE DADE COUNTY PUBLIC SCHOOL BOARD AND ENVIRO-
MENTORS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
3. CONFIRM APPOINTMENT OF ALBERTA DUNCAN (NOMINATED BY
FRATERNAL ORDER OF POLICE) AS A MEMBER OF THE AFFIRMATIVE
ACTION ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item Number 2, the appointment of an individual to serve as a member of the City
of Miami Affirmative Action Board. Is there a motion on that item?
Commissioner Plummer: Well, who is the one individual that's...
Ms. Pamela Burns: Good morning. My name is Pamela Burns. I'm the Affirmative Action
Supervisor, and this is strictly a confirmation of the FOP (Fraternal Order of Police) appointment
to the board.
Commissioner Plummer: Move it.
Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk.
8 September 22, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-678
A RESOLUTION CONFIRMING THE APPOINTMENT OF ONE (1) INDIVIDUAL
TO SERVE AS A MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR A TERM OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted her,, and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
. 4. APPOINT f REAPPOINT MEMBERS TO THE PRIVATE INDUSTRY
COUNCIL (PIC) OF SOUTH FLORIDA. (Appointed were: Linda Eads and
Lucia Rojas. Pending still are two appointments to be made.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item Number 3.
Commissioner Plummer: It's my appointment. One of the appointments, Mr. Mayor, is mine,
and I will reappoint Linda Eads from the educational aspect, as required by the...
Mayor Clark: Second the motion. Cast a unanimous ballot.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: I think there's more than one.
Commissioner Gort: Yeah. I have one myself. I'd like to appoint Maria Rojas.
Mayor Clark: Second that motion. Any other appointments?
Commissioner Plummer: Mr. Mayor, you have one and Commissioner Dawkins has one,
according to my book.
Mayor Clark: I'll hold mine up till the next meeting.
C6mmissiorier Plummer: QK.
. - 9 September 22, 1994
PIS
Mayor Clark: OK. With those nominations and seconds there, cast a unanimous ballot on those
items.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-679
A RESOLUTION APPOINTING FOUR (4) MEMBERS TO THE PRIVATE
INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS OF OFFICES
EXPIRING JUNE 30, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
5. APPOINT CARLOS DE ZAYAS TO SERVE AS AN ALTERNATE, AT -
LARGE MEMBER ON THE WATERFRONT ADVISORY BOARD.
Mayor Clark: Item Number 4.
Commissioner Plummer: Mr. Mayor, I look over that, and each of us have two appointments.
This is the one at large.
Mayor Clark: Carlos De Zayas.
Commissioner Plummer: Excuse me?
Mayor Clark: Carlos De Zayas, I'd like to move his name. Carlos De Zayas for the Waterfront
Advisory Board.
Commissioner Plummer: But that's at the at -large. You know that.
Mayor Clark: Yeah.
Commissioner Gort: Second.
Commissioner Plummer: That's fine.
10 September 22, 1994
Mayor Clark: Any exception? Cast a unanimous ballot.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-680
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS AN
ALTERNATIVE AT -LARGE MEMBER ON THE WATERFRONT ADVISORY
BOARD FOR A TERM EXPIRING ON MAY 5, 1996.
(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.
Mayor Clark: Do we have other appointments?
Commissioner Plummer: No, sir, that's it. That was the only one lacking.
----------------------------------------------------------------------------------------------------------------
6. APPROVE CITY MANAGER'S RECOMMENDATION TO REFER TO
PLANNING ADVISORY BOARD HOMEOWNERS' PROPOSAL TO AMEND
ZONING ORDINANCE TO ESTABLISH A 20,000 SQUARE FOOT
MINIMUM LOT SIZE IN BISCAYNE PARK TERRACE (AREA BOUNDED
BY SECOFFEE STREET, S.W. 22 AVENUE, S. BAYSHORE DRIVE AND
NATOMA STREET).
Mayor Clark: Item Number 5.
Commissioner Gort: J.L.'s thing.
Commissioner Plummer: Excuse me? Oh, Mr. Mayor, this is the one that the neighbors of the
22nd Avenue have asked to have before us, and I would ask the Planning and Zoning... This
revolved around a twenty thousand square foot minimum lot for this particular area. As you
know, there has been a controversy over one of the parcels, which has been approved by this
Commission, with a slight variation. And I would ask Sergio to speak to the issue as, to... The
neighbors are here, and would like to see this take its course in whatever has to be done.
Mayor Clark: All right. Mr. Rodriguez.
11 September 22, 1994
Mr. Sergio Rodriguez: Yes, sir. What we're trying to do, we're planning to... After we finish
the research of all the properties that might be affected, we're planning to go then to the Planning
Advisory Board in October, and at that point...
Mayor Clark: Back to the Commission later.
Mr. Rodriguez: Commission later, yeah. We're... There is a...
Commissioner Plummer: All right. Well, wait a minute. You know, because there's been this
thing that says that this has been delayed, and delayed, and delayed.
Mr. Rodriguez: Mm-hmm.
Mayor Clark: It's supposed to be back here...
Commissioner Plummer: Are you saying that it will go before the Planning Board in October?
Mr. Rodriguez: Right.
Commissioner Plummer: Then before this Commission in November?
Mr. Rodriguez: Right.
Commissioner Plummer: OK. So... And that's the quickest it can be done?
Mr. Rodriguez: Right, because the thing that is... we have to look at now... there's a request
from the Village Council that we include all the other areas in the Grove, which are twenty
thousand square feet, a minimum size lot in this amendment. And we are researching every
address to make sure that we do that. So that's what we do.
Commissioner Plummer: OK. But it still... Whether you research or not, the earliest it can go
before the board, which it has to do, is in October.
Mr. Rodriguez: In October, yes, sir.
Commissioner Plummer: OK. Now, do you need a motion from this Commission? I would
move that the process of this start, which is first with the Planning and Zoning Board in October,
and we'll see it back here before this Commission in November. I so move, Mr. Mayor.
Mayor Clark: Second the motion and cast a unanimous ballot, if there's no exception.
Commissioner Plummer: Thank you.
12 September 22, 1994
ON
Wk
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-681
A MOTION GRANTING REQUEST BY AREA HOMEOWNERS FOR
AMENDMENT TO ZONING ORDINANCE TO ESTABLISH A 20,000 SQUARE
FOOT MINIMUM LOT SIZE FOR THE BISCAYNE PARK TERRACE AREA
(GENERALLY BOUNDED BY SECOFFEE STREET, SW 22ND AVENUE, SOUTH
BAYSHORE DRIVE AND NATOMA STREET), FURTHER DIRECTING THE
ADMINISTRATION TO RESEARCH ALL THE AREA PROPERTIES WHICH MAY
BE ..AFFECTED BY THIS PROPOSED AMENDMENT, AND FURTHER
STIPULATING SAID ISSUE SHALL BE REVIEWED BY THE PLANNING
ADVISORY BOARD DURING THE MONTH OF OCTOBER AND BE PLACED ON
THE NOVEMBER 17, 1994 AGENDA FOR FURTHER CONSIDERATION.
Upon being seconded by Mayor Clark, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
7. (A)DIRECT CITY MANAGER TO PUT OUT A REQUEST FOR PROPOSALS
REQUEST FOR QUALIFICATIONS IN CONNECTION WITH MIAMI
SPRINGS GOLF COURSE.
(B)GRANT REQUEST BY REPRESENTATIVES OF MIAMI SPRINGS
SENIOR HIGH SCHOOL FOR USE OF MIAMI SPRINGS GOLF COURSE
FOR ITS SCHOOL'S GOLF PRACTICE SESSIONS.
Mayor Clark: Item Number 6. What's the discussion on the Miami Springs Golf Course?
Mr. Cesar Odio (City Manager): Mr. Mayor, at one time, we had discussions on the golf
courses. I wanted to bring it back up, because I feel at this time, after you asked Bill Bird to look
at the golf courses, and in a meeting that he had with me, he's recommending that we should sell
the Miami Springs Golf Course.
Mayor Clark: If we can get what it's worth.
Mr. Odio: If we can get what the golf course is worth. So I had to bring it back up.
13 September 22, 1994
Mayor Clark: I've known Mr....
Commissioner Plummer: Well, Mr. Mayor, may I inquire?
Mayor Clark: Yes.
Commissioner Plummer: Mr. Manager, other cities have, in fact, taken their golf course and put
it out to the private sector, and take back a minimum annual guarantee. Before we think about
selling that thing, because we know, you know, where we are. I would like to go through that
process, and see if it's worth looking into, on behalf of the City. The golf course is not going to
go anywhere.
Mr. Odio: Well, what we're doing that with the Melreese, we're going to recommend that we go
out to the private sector and let them manage that.
Commissioner Plummer: OK. Well, then, why not Miami Springs?
Mr. Odio: I wanted to... That's why I put it for discussion. What do you... Because Miami
Springs was left up in the air.
Commissioner Plummer: Well, I can only speak for one. OK? As far as I'm concerned, I would
like to go through that process, to know that it's advantageous or it's not.
Commissioner De Yurre: Mr. Mayor, if I may. Why don't we have the Sports Authority look
into it, and the Sports Authority may want to take it over?
Mayor Clark: No, no, that's... That's not the Sport Authority's bailiwick, anyway. Let me tell
you about taking over a golf course. And I'm an avid golfer, so I know what I'm talking about.
A private individual, a private company sometimes takes over a golf course, and it goes
absolutely down the drain, absolutely down the drain. Before we go out with anyone, we better
examine, and make sure, as J.L. said, that we get a management contract with someone either
locally or nationwide and get guaranteed up front. Because they tried this over at Bayshore, at
Miami Beach, and just ruined that golf course. They ruined it. The people didn't want to go
back and play. The upkeep, they said, well, that's your job and it's not my job, and the golf
course went right down the drain, almost, till the City took it back. So it's very, very, very
touchy as to who... You got to get a great manager to take over a golf course like that.
Commissioner Plummer: Well, Mr. Mayor, my point... You're the golfer. But my point is,
we'll never know what kind of a deal we could possibly receive in behalf of the City if we don't
do it.
Mayor Clark: Correct, correct, correct.
Commissioner Plummer: That doesn't mean that afterwards, once we see the bids, that we don't
like it, we say OK, let's go ahead and sell it, you know.
Mayor Clark: Correct. You're right, J.L. Try it first, but make sure.
Commissioner Plummer: That's what I would say. Put them both out.
Mayor Clark: Yes. All right. What action do we have to take, then?
Mr. Odio: Melreese is already out, so we'll have to come back with the RFP (Request for
Proposals).
14 September 22, 1994
Commissioner Plummer: I'll make a motion that the same that with Melreese that you do with
Miami Springs, and put it out for an RFP, and be cautious of the words of the Mayor. OK? He's
probably the only one up here that plays golf.
Mayor Clark: Well, I can tell you, if you do it like that, and you will be happy, but you'll be sad
later. All right. Motion by Mr. Plummer.
Commissioner De Yurre: Mr. Mayor, if I may, first.
Mr. Odio: Wait. Excuse me. We can have an RFQ (Request for Qualifications), and,
Commissioner the Sports Authority, they can bid on it if they so choose. I don't see where they
couldn't.
Commissioner De Yurre: OK. No. What I think what I would like to see done is, here, we're
trying to compare two things, you know, what kind of return can we get, if we hold onto the
facility; and secondly, what can we get if we were to sell it? And what we might want to do
then, is let's put out both. Let's see what we get back. Because if we put out one, and we know
what we can get, if we hold onto it, then we would have to go out to see what we could get if we
were to sell it, and then make a comparison of both alternatives. So why don't we just put both
out at the same time?
Mayor Clark: One thing, Commissioner De Yurre, you got to look out for, you got to make sure
the company that's bidding on this is qualified to go out and maintain that, because we don't
want to let somebody else manage it, and then the City has to go back and maintain it, and lose
their shirt on that.
Commissioner De Yurre: No, no question about that, and that will be in the RFP, or whatever
we put out.
Commissioner Plummer: Well...
Commissioner De Yurre: But let's put out both at the same time, and see what we get back.
Commissioner Plummer: There's two things, Victor. One, I don't think it can ever be used for
anything but a golf course. As most of us are aware, and I'm sure you are, that all of the
drinking water of this community is underneath that golf course, so you can't build on it.
Second of all, there is a long-standing policy of this Commission that we would give the City of
Miami Springs the first right of refusal. I had to laugh when I saw their refusal of one dollar, and
I can assure you, they just lost any rights at the one dollar. But I would want to give that
opportunity to the City of Miami Springs to be a bidder, and I would give them priority of being
a bidder.
Commissioner De Yurre: But don't we need to know what the bids are going to be, so that they
can match it or not?
Commissioner Plummer: Either that, or, in fact, appraisals.
Vice Mayor Dawkins: I really don't know what this is all about. You all have given away all
the land in the City of Miami anyway, so what are you arguing about?
Commissioner Plummer: It's not in the City.
Mayor Clark: We won't give this away. Don't worry, I'm on your side.
15 September 22, 1994
Vice Mayor Dawkins: OK. Thank you. Thank you.
Mayor Clark: All right. Let's... We've already moved a motion as to what we're going to do.
Commissioner Plummer: I'll move it, Mr. Mayor.
Vice Mayor Dawkins: I second whatever J.L. moved.
Mayor Clark: All right. If there's no exception, cast a unanimous ballot.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-682
A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE INVITATION FOR
BIDS FOR SALE OF THE MIAMI SPRINGS GOLF COURSE AND TO ISSUE, AT
THE SAME TIME, REQUESTS FOR QUALIFICATIONS (RFQs) AND/OR
REQUESTS FOR PROPOSALS (RFPs) FOR THE MANAGEMENT AND
MAINTENANCE 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: On the same subject, I received a letter from Mayor Cavalier. They requested the
City of Miami Springs Senior High School Golf Team - young people - be able to use the golf
course at no charge. It's the same arrangement at Melreese Course we have with Miami
Springs - I mean Miami Senior High. Miami Springs...
Vice Mayor Dawkins: What school is that, sir?
Mayor Clark: We have an agreement with the Miami Springs Senior High to use the golf course
out there.
Commissioner Gort: It's right next to Okeechobee.
16 September 22, 1994
a. -
Mayor Clark: It's not... How much time does it take, Al? How much time do you need? Very
little.
Mr. Alberto Ruder: Yeah, very little. No problem.
Commissioner Plummer: Well, we would have an assurance that the revenue -producing aspect
would have priority.
Mayor Clark: Oh, absolutely. That...
Commissioner Plummer: No, no, no. Don't shake your head. Say yes or no.
Mr. Ruder: Yes.
Commissioner Plummer: OK. And what are they going to do in return for us?
Mayor Clark: J.L., this is a young golf team.
Commissioner Plummer: Hey, I don't know what...
Mayor Clark: They can't do anytbing for us.
Commissioner Plummer: Can they help clean it up?
Commissioner Gort: Police the area.
Commissioner Plummer: Police... That's it. I mean, hey, easy come, easy go. What can they
do for us? There must be something that, that group of kids can do for us.
Vice Mayor Dawkins: No, no, no, I would not... No, no, no, not the kids. There must be
something the School Board can do. OK?
Commissioner Plummer: Forget that one.
Vice Mayor Dawkins: The School Board. Now, you know, see, I agree with the Mayor and
everybody up here, if... There are individuals who do not have $10 green fee to practice golf,
and if they do not have a place to practice, they cannot develop into golfers. But I don't see
putting the burden on the family or the child, when the School Board just passed a billion dollar
bond, and raised my bond issue - I mean the millage every year. They got to find money some
place to do something.
Mayor Clark: And a three billion dollar budget.
Vice Mayor Dawkins: Yes, sir. Thank you, Mr. Mayor.
Commissioner Plummer: Well, all I'm saying is, is that I think that we ought to get something
back...
Vice Mayor Dawkins: From the School Board.
Commissioner Plummer: ... whether it's community service from these young people, that they
will work...
17 September 22, 1994
Mr. Erik Elza: Commissioner Plummer...
Vice Mayor Dawkins: I'm not going to vote...
Mayor Clark: All right. Just a moment, please, please.
Vice Mayor Dawkins: You don't have my vote on doing nothing to the children.
Mayor Clark: Please. Yes, sir.
Mr. Elza: My name is Erik Elza, and I'm a member of the City Council of the City of Miami
Springs. I'm here about the golf course, but in addressing that particular issue about the children
utilizing the golf course from the high school, you know, we have... We pride ourselves in our
community with what is offered there. The golf team is only asking to utilize the golf course to
practice on. I think the more programs that we can offer to the teenagers of this community, it's
better to keep them off of the streets, and give them these types of programs. And I think what
they're offering to you is the fact that they... I think they would thank you for it, they need this
program, it's part of the School Board's program, and it's...
Mayor Clark: Move it.
Mr. Elza: ... it's high school athletics.
Vice Mayor Dawkins: Hold it. I don't need all of that, sir. All I need to know is that you and
this Commission are doing something to keep youngsters off the streets, and out of drugs, and et
cetera.
Mr. Elza: That's correct, sir.
Vice Mayor Dawkins: I'll move it.
Mr. Elza: Thank you. But I want to...
Commissioner Gort: Second.
Mayor Clark: Second the motion.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Hold it. Any exceptions? Cast a unanimous ballot. Mr. Gort.
Commissioner Gort: I'd like to make a little statement. Since I came aboard here, one of the
things that I got is try to work with the different authorities, and I've gotten together with the
School System. And right now, they're providing services in... two after school services in two
of our parks. One is Overtown, the other one is in Allapattah. And what services they're
providing is they're giving us the teachers to help these kids with their homework at our parks.
Hopefully, we're going to be doing a lot more with them. So, Mr. Miller, Commissioner
Dawkins, I'm trying to get more out of them. I've made a commitment. They had some money
for educational facilities, but they don't have recreation. So I've gotten together with our Parks
Department, so they can provide educational and after school homework help to our kids in our
parks.
Vice Mayor Dawkins: Commissioner De Yurre, you have my deepest sympathy and all my help
for anything you get out of the School Board, and anything that you vote on with the School
Board, where they gave you something, you got two votes, mine and yours.
18 September 22, 1994
Commissioner Gort: I understand, but at least I'll try to get...
Commissioner Plummer: No, you got more than two.
Mayor Clark: It's Commissioner Gort, not De Yurre.
Vice Mayor Dawkins: Huh?
Mayor Clark: You said "De Yurre." It's "Gort."
Vice Mayor Dawkins: Gort. Mr. Gort.
Commissioner Gort: That's all right, no problem.
Vice Mayor Dawkins: All right.
Mayor Clark: All right. Motion and a second for the young people at the request of Mayor
Cavalier, and your council out there.
Mr. Erik Elza: Thank you.
Mayor Clark: We appreciate it. Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-683
A RESOLUTION WAIVING ALL WAIVABLE FEES FOR THE USE OF THE
MIAMI SPRINGS GOLF COURSE BY THE MIAMI SPRINGS SENIOR HIGH
SCHOOL GOLF TEAM DURING THE TEAM'S 1994-1995 GOLF SEASON, SAID
WAIVER CONDITIONED UPON: (1) ALL REVENUE PRODUCING ACTIVITIES
RECEIVE FIRST PRIORITY REGARDING THE USE OF THE FACILITIES; AND
(2) THE ORGANIZERS PAYING FOR ALL OTHER COSTS OF CITY SERVICES
AND APPLICABLE FEES ASSOCIATED WITH SAID USE AND OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
19 September 22, 1994
Vice Mayor Dawkins: Six -A, Mr....
Mr. Elza: Mayor Clark, I just would like... I was here about the golf course, and that was the...
Mayor Clark: Yes, sir.
Mr. Elza: ... the main reason that I came down here, and I'm only going to ask, if you put it out
for bid, I also am a golfer, and I hope that you consider the people that bid on this project to
maintain the golf course, that you heed Mayor Clark's advice, because if you see what happened
at Bayshore Country Club with certain contractors, it certainly does take away from the golf
course.
Vice Mayor Dawkins: And also, the PGA (Professional Golf Association) had one...
Mr. Elza: That's correct.
Vice Mayor Dawkins: ... right here in the County, and they didn't do anything with it.
Mr. Elza: Well, I... Yes, sir, that is correct. But I... on our golf course, we just ask if you do put
it out for bid, that you give real consideration to that...
Mayor Clark: Make sure. We'll make sure.
Mr. Elza: ... because some of the concerns of our City has been the maintenance of that golf
course.
Mayor Clark: Yes, sir.
Mr. Elza: Thank you.
----------------------------------------------------------------------------------------------------------------
8. (A)APPROVE BAYFRONT PARK MANAGEMENT TRUST'S OPERATIONS
AND MAINTENANCE BUDGETS FOR FY 1994-1995 -- ACCEPTING
ONLY THE CAPITAL PROJECTS PORTION OF THE BUDGET, TO BE
APPROVED WITHIN 30 DAYS.
(B)DIRECT CITY MANAGER TO MEET WITH BAYFRONT PARK
MANAGEMENT TRUST EXECUTIVE DIRECTOR, IRA KATZ, IN
ORDER TO IDENTIFY WHICH CAPITAL PROJECTS FROM THE FY'95
BUDGET CAN BE FUNDED BY THE CITY.
Vice Mayor Dawkins: Six -A, Mr. Mayor.
Mayor Clark: Six -A.
Vice Mayor Dawkins: Mr. Katz.
Mr. Ira Katz: Yes, sir.
Vice Mayor Dawkins: Do you want to explain your budget?
20 September 22, 1994
Mr. Katz: Yes, sir. We're asking for the operating budget for Bayfront Park and Bicentennial
Park to be funded at the same level, with the exception that Bicentennial Park would be for
twelve months this period. As you know, last year, we only had five months of funding, and
there would only be an incremental request. The difference is the capital budget, which I
understand, from talking to the Administration, is they wanted us to handle that separately, at
their request.
Mr. Cesar Odio (City Manager): I would recommend his budget, except we have to deal with
general fund contributions, and then the capital improvement budget. So they should not be
combined, but I will recommend it. The amount is...
Vice Mayor Dawkins: Mr. Mayor, I did not... Knowing that the Manager had a problem, and
that we weren't going to pass the capital bond issue, I submitted a budget for me and you that
left out capital improvements to be negotiated with the Manager. Mr. Katz and his staff
presented a budget that he's defending. So whatever he's defending, ask him. I sat down with
Mr. Mano and those, and asked for a certain amount of money. And then, we come back and
add the capital to it.
Mayor Clark: Capital.
Mr. Odio: I have no problem with that.
Vice Mayor Dawkins: But that's not what they wanted, so I don't know what they got over
there.
Commissioner Plummer: Excuse me, Mr. Chairman.
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: What do you want?
Vice Mayor Dawkins: I wanted to pass this budget here, this.
Commissioner Plummer: OK.
Vice Mayor Dawkins: And then we sit down.
Commissioner Plummer: How does that differ from what we have before us?
Vice Mayor Dawkins: I don't even know. I refuse to look at this, because I haven't seen it. The
Bayfront Trust Partners have not seen it. Nobody knows what's in here but Mr. Katz and Mr.
Tim - whatever he's named. I submitted this, and I was going to ask for approval. Once we get
into this, then I would go back to the Manager, and we would come up with this.
Commissioner Plummer: Mr. Dawkins, what is your motion that you want passed here this
morning? You're chairman.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Tell me what motion you want passed.
Vice Mayor Dawkins: I move that you pass the operation budget and maintenance budget that I
submitted...
21 September 22, 1994
Commissioner Plummer: OK.
Vice Mayor Dawkins: ... and that Mr. Katz be directed to sit with the Manager and find out what
capital improvements can be made that he can fund, and we go with that.
Mr. Odio: That's fine.
Commissioner Plummer: I second the motion.
Mayor Clark: Motion by Mr. Dawkins. Is there a second?
Commissioner Plummer: I second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution and motion were introduced by Vice Mayor Dawkins, who moved their
adoption:
RESOLUTION NO.94-684
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE BAYFRONT PARK
MANAGEMENT TRUST OPERATIONS AND MAINTENANCE BUDGETS FOR
FISCAL YEAR 1994-1995.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 94-684.1
A MOTION DIRECTING THE CITY MANAGER TO SIT DOWN WITH THE
EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST,
MR. IRA KATZ, FOR THE PURPOSE OF IDENTIFYING WHICH CAPITAL
PROJECTS (LISTED IN THE PROPOSED FY '95 BAYFRONT PARK
MANAGEMENT TRUST BUDGET) ARE MOST NEEDED WHICH THE CITY CAN
FUND AT THIS TIME.
Upon being seconded by Commissioner Plummer, the resolution and motion were passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: I would ask, Mr. Mayor, and ask, Mr. Dawkins, that a time certain for
the capital budget, whatever you feel is fair - ninety days?
22 September 22, 1994
Vice Mayor Dawkins: No. No. We can do it in thirty days.
Commissioner Plummer: OK. You want it in thirty?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: That our answer be finalized within thirty days.
Vice Mayor Dawkins: See, it's easy, in my opinion, fellow Commissioners. The Manager has
"X" dollars. I mean, we can't push it. And whatever he has, he gives it to us, and that's what we
have to do.
Commissioner Plummer: OK. I just want a time certain.
Vice Mayor Dawkins: Then we can come back from time to time and try to negotiate other
funds, if it's available. But right now... See, and nobody's going to be on him about the budget
more than me. And he just got "X" dollars he got in capital improvements.
Mayor Clark: OK.
Commissioner Plummer: So be it.
Mayor Clark: Very good.
NOTE FOR THE RECORD: At this point, agenda item 7 was
to a unt 10:00 a.m.
----------------------------------------------------------------------------------------------------------------
9. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
A. Recognize Aida La Osa, Olga Arenas, Olga Morales and Orlando Perez for their
participation in the Palm Tree Weekend City of Miami Picnic.
B. Presentation by Allapattah Chamber of Commerce: (a) Allapattah Merchant of the
Month: Ruben Valdez•, and (b) Allapattah Family of the Month: The Rodriguez
Family.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Can I lodge a protest? Mr. Manager, Mr. Manager, I want a complete
audit... "Oye." I want a complete audit of the Little Havana NET (Neighborhood Enhancement
Team) Office East. They subjected these Commissioners and myself yesterday to a domino
game that was loaded with shills. I've never seen such cheating in all my life. I was down to
one domino and lost. So I want an audit of that Pablo Canton and what he's doing down there.
Thank you, Mr. Mayor.
Mayor Clark: Thank you.
----------------------------------------------------------------------------------------------------------------
10. ALLOCATE $49,000, ANNUALLY, FROM DEPARTMENT OF GSA &
SOLID WASTE, FLEET MANAGEMENT DIVISION BUDGET FOR AWARD
OF NEW CONTRACTS FOR LEASED VEHICLES (ON AN AS -NEEDED
BASIS) TO BE USED BY CITY OFFICIALS -- SUPPLIERS TO BE
DETERMINED BY COMPETITIVE NEGOTIATIONS.
Mayor Clark: I have a pocket item that can be taken for a second here. Ron, come up. Explain
this. You got a copy of it right in front of you.
Mr. Ron Williams (Assistant City Manager): Thank you, Mr. Mayor. As you well know, on an
as -needed, when -needed basis, we are required to lease vehicles for City use, various purposes,
and this authorization is to request that effective October 1 of each year, that we're able to enter
into those contracts at a total limit of $49,000 on an annual basis, through competitive
negotiations, and that we won't have to bring those individually to the Commission.
Vice Mayor Dawkins: What item is this?
Mayor Clark: It's a pocket item here I brought up right quick. Here, I gave you a copy of it.
Mr. Williams: And this avoids, Mr. Mayor, the issue of having to do this each and every year.
This authorizing legislation would make that available within the GSA (General Services
Administration) budget.
Mayor Clark: You don't spend it all until you need it.
Mr. Williams: No. Absolutely not.
Mayor Clark: Any... Motion on the item? Can I get a motion on the item?
Commissioner Plummer: Well, obviously, what we're being asked to do is to comply with what
we've been doing, and just renew it for a year. Is that my understanding?
Mr. Williams: That's correct, Commissioner Plummer, each year.
Commissioner Plummer: Then I move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
24 September 22, 1994
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-685
A RESOLUTION ALLOCATING $49,000 ANNUALLY FROM THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, FLEET
MANAGEMENT DIVISION, GENERAL OPERATING BUDGET, ACCOUNT NO.
421701-610, FOR THE AWARDING OF NEW CONTRACTS FOR LEASED
VEHICLES, ON AN AS NEEDED, WHEN NEEDED BASIS, TO BE USED BY CITY
OFFICIALS; SAID SUPPLIERS TO BE DETERMINED BY COMPETITIVE
NEGOTIATIONS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE
VEHICLES, AS NEEDED, SUBJECT TO THE ABOVE CRITERIA, AND THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Where are we, on Item Number 8?
Mr. Cesar Odio (City Manager): Mr. Mayor, I think you have to hear that after ten.
Commissioner Plummer: No, 7, after ten.
Mayor Clark: After ten o'clock.
Commissioner Plummer: What about 8?
Mr. Odio: Eight, oh, the magic carpet.
Commissioner Plummer: The magic carpet. Ha-ha-hal
Mayor Clark: You know what? For the record... For the record, I...
Mr. Odio: Victor, you want me to go over there so...
Commissioner Plummer: No. I think we got to look into Victor, really. He's talking about
spanking the Mayor, and what else was your comment?
25 September 22, 1994
Commissioner De Yurre: It says oriental flavor that we're adding to City Hall.
Mr. Odio: I think it's a great idea.
A. Quinn Jones, III, Esq. (City Attorney): Item 8 is after ten as well. Both 7 and 8 are after ten.
Commissioner Plummer: What was the emergency? I mean, that's the best part.
Mr. Odio: I wanted to do it while you were away.
Mr. Jones: Both 7 and 8 are to be heard after ten.
Vice Mayor Dawkins: All right. What about 9?
Commissioner Plummer: Oh, we get to revisit the magic carpet.
[NOTE FOR THE RECORD: At this time, agenda item 9 called for
discussion and the record was marked to reflect no appearance by
interested parties; therefore, it was deferred to the Commission
meeting of October 27, 1994. It later was reconsidered. See label
20.
----------------------------------------------------------------------------------------------------------------
11. (A)GRANT FUNDING REQUEST ($15,000) BY COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT FOR FY'95, WITH PROVISO
THAT ALL ACTIVITIES AND EVENTS SHALL TAKE PLACE WITHIN
CITY OF MIAMI BOUNDARIES.
(B)GRANT REQUEST BY CITY OF MIAMI COMMITTEE ON
BEAUTIFICATION AND ECOLOGY TO CHANGE ITS NAME TO CITY
OF MIAMI COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 10.
Commissioner Plummer: Is there anybody here to defend that? Uh-oh, he was. Come on.
Come to the mike. You're going to lose your turn.
Mayor Clark: Give us your name and address for the record, please.
Mr. Stephen Pearson: Stephen D. Pearson, 601 Brickell Key Drive, Suite 805, Miami, Florida.
Good morning, Mayor and Honorable Commissioners. I'm here on behalf of the City of Miami
Committee on Beautification and Environment to discuss primarily funding for next year. I'd
like to quickly go over what we've done during the last year. We'll be submitting a full written
report, but in making your decision, I thought you should know that we...
Commissioner Plummer: How much do you want, sir?
26 September 22, 1994
Mayor Clark: Fifteen thousand.
Commissioner Plummer: Now, let me ask a question. Where are you going to hold your
banquet at the end of the year?
Mr. Pearson: Wherever you'd like. We'd like to...
Commissioner Plummer: No, no, no. I don't want to see the Miami Beautification Committee
on Miami Beach. You're beautifying their financial picture. Now, I'm not making any bones
about it. I was upset to find out that my Beautification Committee went to Miami Beach for
their final banquet.
Mr. Pearson: Well, I learned that after the fact, Commissioner Plummer, and I guess I was not
sensitive enough to that. I can only respond that we are trying to make the Poinciana Fiesta a
Dade County/South Florida event.
Commissioner Plummer: No, no, no. Dade County is not contributing to you, sir.
Mr. Pearson: I understand that.
Commissioner Plummer: South Florida is not. You're asking us to contribute.
Mr. Pearson: Well, I think...
Commissioner Plummer: Now, as far as I'm concerned, I think the Beautification Committee is
a great committee, but, damn it...
Mayor Clark: Make it very simple. Let's get down to brass tacks.
Commissioner Plummer: OK. Very simple.
Mayor Clark: Hold your...
Commissioner Plummer: I move the $15,000 with the proviso that all activities and
expenditures of funds shall take place within the City limits of the City of Miami. I so move.
Mayor Clark: Is there a second? If there's no exception, cast a unanimous ballot. I think you
got the order, Stephen. Thank you, sir.
27 September 22, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-686
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE CITY OF MIAMI
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT, SUBJECT TO THE
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT (1) HOLDING ALL
EVENTS AN ACTIVITIES WITHIN THE CITY OF MIAMI CITY LIMITS, AND (2)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: You win.
Mr. Pearson: OK. Could I ask a couple of administrative questions, both to Mr. Jones and the
Commission?
Mayor Clark: What is that?
Mr. Pearson: One thing, we're still... In the resolution known as the Committee on Ecology and
Beautification, and I'm not sure where that name came from. It must have been back in the...
Commissioner Plummer: Al Pallot.
Mr. Pearson: Well, ever since I've been involved with the Committee, it's always been the City
of Miami Committee on Beautification and Environment. And I'd like to see if we could, you
know, formally amend the name on the records to that.
Commissioner Plummer: How do we do that, Mr. Attorney? He wants to change the name.
Yeah.
A. Quinn Jones, III, Esq. (City Attorney): As long as the Commission changes it, you have to
change it.
Commissioner Plummer: I move...
Mr. Jones: You have to...
28 September 22, 1994
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Commissioner Plummer: I move that they change the name to that, that they want. Is that broad
enough for you?
Mr. Pearson: It would be the City of Miami Committee on Beautification and Environment.
Commissioner Plummer: It's approved.
Mayor Clark: You know, twenty-five years ago, people couldn't speak, or even understand, or
spell "ecological environment," and now, all of a sudden, everybody becomes a Webster
Dictionary artist.
Commissioner Plummer: Of course.
Mayor Clark: That's a motion and a second. If there's no exception, cast a unanimous ballot.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-687
A MOTION GRANTING REQUEST MADE BY REPRESENTATIVE OF THE CITY
OF MIAMI ON BEAUTIFICATION AND ENVIRONMENT TO CHANGE THE
COMMITTEE'S NAME FROM "THE CITY OF MIAMI COMMITTEE ON
BEAUTIFICATION AND ECOLOGY" TO "THE CITY OF MIAMI
BEAUTIFICATION AND ENVIRONMENT."
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
29 September 22, 1994
----------------------------------------------------------------------------------------------------------------
12. BRIEFLY DISCUSS AND DEFER (TO OCTOBER 27TH MEET ING)
CONSIDERATION OF FUNDING REQUEST BY VISION QUEST CRIME
PARTNERS, INC. IN CONNECTION WITH THEIR AFTER SCHOOL CARE
PROGRAM WITH HIGH RISK JUVENILES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item Number 11.
Commissioner Plummer: Is there anybody here on it?
Mayor Clark: What are they requesting, Mr. Manager?
Commissioner Plummer: Money, of course.
Mayor Clark: On item 11, what's the request, Cesar?
Mr. Cesar Odio (City Manager): Sir? I'm sorry.
Mayor Clark: How much, item 11?
Commissioner Plummer: Mr. Mayor, if there's nobody here, let's defer it over.
Mayor Clark: Defer it to the next meeting.
Mr. Odio: Vision Quest, I would...
Commissioner Plummer: I'll move that it be deferred till the next meeting.
Mr. Odio: I would suggest that we wait for the Chief of Police to recommend this one. It's the
Law Enforcement monies they want.
Commissioner Plummer: Yeah, but I've got questions to ask of the applicant, so move it over to
the 27th.
Mr. Odio: Oh, OK. OK.
Vice Mayor Dawkins: But also, Mr. Manager, it's a School Board property - I mean project.
Mr. Odio: Then the School Board should fund it.
Commissioner Plummer: I agree.
Vice Mayor Dawkins: OK. Or put in some money.
Mayor Clark: OK.
30 September 22, 1994
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COMMISS ON MT THIS EWAS
994
MEETING O OCTOBER27, .1 TO THE
----------------------------------------------------------------------------------------------------------------
13. GRANT SUBSIDY REQUEST ($12,000) BY GREATER MIAMI
CONVENTION AND VISITORS BUREAU TO PAY FOR RENTAL OF
KNIGHT CENTER FOR OPENING CEREMONIES DURING POW WOW '94
EVENT.
Mayor Clark: OK. Item Number 12. Are they present, represented?
Commissioner Plummer: Mr. Mayor, I've got to tell you something. Item Number 12, I think, is
the biggest chutzpah I've ever seen. They're asking this Commission for, I think, $12,000?
Mayor Clark: Yes, sir.
Commissioner Plummer: We give them a hundred thousand dollars...
Mayor Clark: Fourteen thousand.
Commissioner Plummer: ... They got $12,000,000 to work with, and I just don't understand
how they can come here and ask us for another $12,000, Mr. Manager.
Mayor Clark: Fourteen thousand.
Mr. Cesar Odio (City Manager): No. This was for Pow Wow. It's the largest convention we
have ever had here in tourism after ASTA (American Society of Travel Agents), and we said we
would contribute $12,000 to the...
Commissioner Plummer: Who is "we"?
Mr. Odio: The City had agreed with it...
Commissioner Plummer: Oh.
Mr. Odio: ... to contribute to Pow Wow.
Vice Mayor Dawkins: OK. I move that we award the $12,000, and deduct it from the hundred
thousand that we give the Convention Bureau.
Commissioner Plummer: So moved. Second.
Mayor Clark: Is it twelve thousand or fourteen?
Commissioner Plummer: From the interlocal. The interlocal is a hundred thousand we give, Mr.
Mayor.
Vice Mayor Dawkins: A hundred thousand.
Mayor Clark: Give us your name for the record.
31 September 22, 1994
Mr. David Whitaker: Good morning, gentlemen. My name is David Whitaker. I work for the
Greater Miami Convention and Visitor Bureau. Our office is at 701 Brickell Avenue. I just
want to make one point of clarification for the Commission, and that is that in this request, I am
representing as a staff person for the Greater Miami and the Beach's Host Committee that was
chaired by Don Lufton, a separate corporation that was created to organize not only Pow Wow
'94, but Pow Wow '93. We were able to solicit funds, including, Commissioner Plummer, as
you know, very generously from the TDC (Tourist Development Council).
Commissioner Plummer: Yes, sir.
Mr. Whitaker: Those monies were deposited into a totally separate corporation, the host
committee.
Commissioner Plummer: I have no problem with that. You know, let me tell you what I got a
problem with. When they had the other group here... What was the one, Tony, where they had
the fifteen hundred travel agents from Latin America? Not the big one.
Unidentified Speaker: La Cumbre.
Commissioner Plummer: La Cumbre. OK? We wanted to bring those people to the City of
Miami for one day out of the three days they were here. You know what the Greater Miami
Convention Bureau told me? "You got to go out and raise $65,000, if you want them in Miami
for one day." You know what? We did.
Mayor Clark: Listen, J.L. Willy's on that board now. Aren't you, Willy? Are you going to
take the sentiments back to the board, itself?
Commissioner Plummer: Well, I like Miller's motion.
Mayor Clark: All right.
Commissioner Gort: Being...
Commissioner Plummer: I like Miller's motion.
Mayor Clark: All right. Second. If there's no exception, cast a unanimous ballot for those
present, Madam Clerk. Thank you, sir.
32 September 22, 1994
Ki
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-688
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $12,000 FROM
TOURIST DEVELOPMENT COUNCIL ("TDC") FUNDS RECEIVED BY THE CITY
OF MIAMI FROM METROPOLITAN DADE COUNTY, IN SUPPORT OF "POW
WOW '94", SPONSORED BY THE GREATER MIAMI CONVENTION AND
VISITORS' BUREAU, HELD AT THE JAMES L. KNIGHT INTERNATIONAL
CENTER ON MAY 21, 1994, SUBJECT TO THE ORGANIZER'S COMPLIANCE
WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
14. DISCUSSION CONCERNING DEAD-END ALLEY LOCATED BETWEEN
PROPERTY OWNERS ON LOQUAT AVENUE AND ST. HUGH OAKS
VILLAGE CONDOMINIUM PROJECT IN COCONUT GROVE -- REFER
ISSUE BACK TO PUBLIC WORKS DEPARTMENT WITH REQUEST FOR A
RECOMMENDATION.
Mayor Clark: Item Number 13. Mr. Odio?
Commissioner Plummer: That means they get $88,000, right?
Mayor Clark: Dead-end alley located at... Yes, sir. Give us your name for the record.
Mr. Arthur Smith: Yes. My name is Mr. Arthur Smith. I am a resident at 3689 Loquat Avenue,
Coconut Grove.
Mayor Clark: Yes, sir. Your request?
Mr. Smith: To request the closure of the alley, and erect a fence there. It's derelict land. We've
had a lot of problems there. We'd like to eliminate those kind of problems. It's right next to St.
Hugh's...
33 September 22, 1994
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Commissioner Plummer: Excuse me. Can I interrupt you for one second?
Mr. Smith: You may, indeed.
Mayor Clark: You have. Go ahead.
Commissioner Plummer: I received a note from somebody. Was it the City Attorney's Office,
Mr.... that it was best that we not discuss this issue because there is pending litigation? On St.
Hugh Oaks, there is pending litigation.
Mr. Jim Kay: I'm not aware of it.
A. Quinn Jones, III, Esq. (City Attorney): No, that has nothing to do with it.
Commissioner Plummer: All right, sir, I'm sorry. Then, I was mistaken.
Mr. Jones: No.
Mayor Clark: All right.
Mr. Smith: Number one, we're not asking for any money here.
Commissioner Plummer: No, no, no.
Mr. Smith: OK?
Commissioner Plummer: No, they wouldn't...
Mr. Smith: I got to be the most popular guy here today.
Commissioner Plummer: Usually, when you broach a subject and there's litigation, we try to be
quiet, and leave it to the attorney.
Mr. Smith: I understand. No, there's none that I'm aware of here.
Commissioner Plummer: I was mistaken.
Mr. Smith: OK.
Mayor Clark: Let's hear... We know your request.
Mr. Smith: Yes.
Mayor Clark: Jim.
Mr. Kay: OK. Mr. Mayor and members of the Commission, the property which this gentleman
refers to is called Marler Avenue. It is a public right-of-way that's twenty-five foot wide
between Plaza and Douglas Road. It's not a dead-end alley.
Mayor Clark: Is it used?
Mr. Smith: That is incorrect.
34 September 22, 1994
Mayor Clark: Please, now, let's... No arguing. Is it used now, Jim?
Mr. Kay: No, it is unimproved. The area is... It's not paved or anything.
Mayor Clark: Have you read the letter here? It's collection of everything you can think of
except dead bodies. Mounds are ten feet high of debris. Liquor bottles, beer cans, beds,
discarded building materials, asbestos tiles, syringes and other uses.
Commissioner Plummer: Well, who actually owns...
Mr. Smith: I have a plat map here.
Commissioner Plummer: Who owns the property?
Mayor Clark: We own it. We own it.
Mr. Kay: It's public, it's public right-of-way.
Mr. Smith: It's public property, but it's been closed halfway for twenty to thirty years. Half of
it's gone already, appropriated.
Mayor Clark: You agree with that?
Commissioner Gort: Well, we have a procedure for that.
Mayor Clark: Wait.
Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. When the St. Hugh Oaks project
first came up, the issue of vacating the alley came up, and they wanted to get ahead of... with the
project, so they put that aside. I don't think anyone would object to the City vacating the alley
down the center line and giving St. Hugh Oaks twelve and -a -half feet, and giving the adjacent
property owners twelve and -a -half feet. My only comment on what is before you is that these
abutting property owners, on the first five and -a -half blocks, are saying this is a dead-end alley.
It is not. This map shows it going down to the end of the properties in question. However, it
goes all the way down, and hooks into the extension of Plaza and Marler. This is Marler. Marler
goes all the way down to Douglas, and Plaza comes all the way up into this alley.
Vice Mayor Dawkins: May I...
Mayor Clark: Just a moment, please.
Vice Mayor Dawkins: Go right ahead, Mr. Mayor.
Mayor Clark: Do you have enough information on this, J.L., to make a decision?
Commissioner Plummer: I don't, no. This is...
Mayor Clark: I don't think anyone does. Why don't we send this back to the Public Works
Department, and come back with a recommendation. You get with them. You know how to get
with them, Jim. Come back with a proper recommendation so we don't go off half cocked here.
Vice Mayor Dawkins: One question I would need answered when you come back. What is the
distance of this and what does it do to our St. Hugh Oaks townhouses?
35 September 22, 1994
Mr. Kay. OK. We'll get you that answer.
Commissioner Gort: We got a fence. There's nothing.
Vice Mayor Dawkins: Beg your pardon?
Mr. Kay: We'll get you that answer.
Mr. Smith: Nothing. It doesn't do anything to it, whatsoever. They've already erected the fence
there.
Vice Mayor Dawkins: Thank you. Will you bring that back for me?
Mr. Kay: Yes, sir.
Vice Mayor Dawkins: Thank you.
Mayor Clark: All right, fine. Defer it until the next meeting. Jim, Wally, get that information
back to us, please. Item Number 14...
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I'd like to add to the gentleman, even though if we were to take a decision
here, there's certain processes they have to go through. It has to go through Public Works. Am I
correct?
Commissioner Plummer: Well, if that's... only if you're going to give it back to each
homeowner.
Mr. Kay: Right. If you're talking about actually vacating the alley, closing it, and vacating it,
then there's a platting procedure that has to be followed.
Commissioner Plummer: Yeah.
Mr. Kay: Otherwise, there is another procedure, which I will make you aware of, Section 54-17
of the Code, which is a restriction of vehicular access.
Mr. Smith: What do we do about the present crime control that's needed to be addressed there
now?
Commissioner Gort: We understand, but what I'm trying to explain to you, there's certain
procedures that we have to follow.
Commissioner Plummer: In other words, you're not going to get it...
Mr. Smith: So we leave it open right now?
Commissioner Plummer: You're not going to get it done tomorrow, is what we're telling you.
Mayor Clark: Come back to that meeting.
Commissioner Plummer: Hopefully, you'll have it by Christmas.
36 September 22, 1994
Mr. McMaster: If I could interject, I think what the gentleman was talking about was, they have,
on some roadways, the Commission is authorized to put up security fences, and I think what the
gentleman was asking was, while they're going through the process of possibly vacating the
alley, could they... Could the Commission erect a fence at the end, to keep people from dumping
in it?
Mr. Smith: Put up the fence.
Mayor Clark: I don't see any problem with that.
Mr. Kay: That's a possibility.
Mayor Clark: All right, fine. Thank you all.
END OF DISCUSSION -- REFERRED TO CITY MANAGER
Mayor Clark: Mr. Manager, is the air conditioning on?
Mr. Odio: Yes, sir. Let me check.
Commissioner Plummer: Yeah. At 85 degrees, it's on.
Mayor Clark: Yeah. We don't want to have a sauna bath. It's now... My clock says ten
o'clock. Can we go back to the items we missed over?
------------------------ ---------------------------------------------------------------------------------------
15. AUTHORIZE CITY MANAGER TO REALLOCATE $50,000 1N
UNEXPENDED 19TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM FUNDS (THE OASIS PROJECT) -- TO
PROVIDE FUNDING TO COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION FOR UNDERTAKING HOUSING RELATED ACTIVITIES
IN COCONUT GROVE NEIGHBORHOOD -- WITH PROVISO.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Number 7. Again, my question is, Mr. Manager...
Mr. Cesar Odio (City Manager): You allocated this $50,000 in July, Commissioner. You told us
to give them the money, to find the funds, and that's what we did.
Commissioner Plummer: What control does the City have over the expenditure of these funds?
Mr. Jeff Hepburn: The City would have a contract with the organization, and it would be based
on a reimbursement basis, as opposed to outright providing him the funds.
37 September 22, 1994
Commissioner Plummer: In other words, you approve any bills and pay from invoices.
Mr. Hepburn: That's correct.
Commissioner Plummer: OK. My question happens to be, because of the fact there's so many
houses that are over there, that are standing vacant, that haven't been finished, and I'm
wondering, why? Is my money going to be used for those houses that are standing vacant, that
Coral Gables tried to establish? And I want to make damn sure that my money goes to the City
of Miami, and not to finish the Gables' houses.
Vice Mayor Dawkins: I'd like to know, Mr. Mayor...
Commissioner Plummer: Can I get an answer?
Vice Mayor Dawkins: Oh.
Mr. Hepburn: The City funds would only be used to do housing activities within the City, and
not those Gables homes.
Commissioner Plummer: I'm going to be looking.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Mr.... How much... What is your total budget, your total operational
budget?
Mr. David Alexander: Good morning, Mr. Chairman.
Vice Mayor Dawkins: Good morning, sir.
Mr. Alexander: Mr. Mayor, Mr. Commissioners, I'm David Alexander, Executive Director of
Coconut Grove Local Development. Currently, our budget for our programs is somewhere in the
region of $380,000.
Vice Mayor Dawkins: Three hundred and eighty thousand dollars. Of that $380,000, how much
do you get from Coral Gables?
Mr. Alexander: Zero.
Vice Mayor Dawkins: Zero. But, yet, you take all our money, and you're building houses in
Coconut Grove (sic), which enhances Coconut Grove's (sic) tax base, and then, instead of going
to Coconut Grove (sic) for $50,000, you come to me. OK?
Mr. Alexander: Right. If I may, Mr. Commissioner...
Vice Mayor Dawkins: Go right ahead, yes, sir.
Mr. Alexander: It's a very valid point. We have tried for a number of years for financial support
from Gables. What they've done is seconded their community development activities to Dade
County. So the County funds the CDC (Community Development Council) currently to the tune
of $150,000 for the Grove Point Project. But that is not administrative funding. That money
goes directly to the project.
Vice Mayor Dawkins: And it did not come from Dade County... Well, see, all I'm saying...
38 September 22, 1994
Mr. Alexander: Comes from Dade County, not the Gables.
Vice Mayor Dawkins: ... All I'm saying to you is, by building these houses, which we need,
which we never would have gotten without you, OK?
Mr. Alexander: Thank you, Mr. Commissioner.
Vice Mayor Dawkins: But by the same token, Coral Gables adds each one of these houses to its
tax base.
Mr. Alexander: Absolutely.
Vice Mayor Dawkins: And this increases that tax base, and they get more taxes, and we don't
get anything.
Commissioner Plummer: At our expense.
Vice Mayor Dawkins: And they don't even pick up the paper. See? So I...
Mr. Alexander: Absolutely.
Vice Mayor Dawkins: I mean, I would, me - this is just one vote - I would defer this until you
come back with $50,000 from Coral Gables. I mean, that's how I feel.
Mr. Alexander: Well, the truth is, Commissioner, we now have a track record, and to respond
to...
Vice Mayor Dawkins: That's the track record you should take to Coral Gables.
Mr. Alexander: May I suggest to you that...
Vice Mayor Dawkins: Oh, no, I'm sorry, I'm through, I'm finished. Go right ahead, sir.
Mr. Alexander: ... the City of Miami will ultimately benefit by the fact that the LDC knows how
to do this and do it well.
Mayor Clark: All right, sir.
Mr. Alexander: And we would like the opportunity to work on behalf of the citizens of the City
of Miami, and not just those of Coral Gables in housing development.
Mayor Clark: Please, please...
Vice Mayor Dawkins: I said I was going to shut up, but I need one more question.
Mayor Clark: All right. Please, quickly.
Vice Mayor Dawkins: All the money that we have given you, you have not worked on behalf of
the City of Miami?
Mr. Alexander: No, sir. We don't do housing. We've asked...
Vice Mayor Dawkins: I'm saying all of the money... No, no, no, now. All of the money that we
have given you, you have not worked on behalf of the City of Miami?
39 September 22, 1994
r
Mr. Alexander: Not in housing, Commissioner.
Vice Mayor Dawkins: And I didn't ask you if we gave you, did you work in housing. I said,
have you worked for the...
Mr. Alexander: Oh, I see. I'm sorry, I misunderstood you.
Vice Mayor Dawkins: No, no, no. You want to answer...
Mr. Alexander: Yes, we have been working for the City for ten years, but primarily in economic
development. Correct.
Mayor Clark: What's the pleasure of the Commission?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: I'll second it with this proviso: That all of your bills have to be signed
off by the NET (Neighborhood Enhancement Team) Administrator in that area.
Mr. Alexander: No problem, Commissioner.
Mayor Clark: All right. Is that all right, Willy?
Commissioner Gort: No problem.
Mayor Clark: Call the roll.
The following resolution and motion were introduced by Commissioner Gort, who moved their
adoption:
RESOLUTION NO. 94-689
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO REALLOCATE
$50,000 IN UNEXPENDED NINETEENTH (19TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECT ENTITLED "THE OASIS
PROJECT", FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE FUNDING
TO THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION FOR
UNDERTAKING HOUSING RELATED ACTIVITIES IN THE COCONUT GROVE
NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
SUBJECT TO REVIEW AND APPROVAL OF ORGANIZATIONAL CAPACITY
AND PROPOSED WORK PROGRAM BY THE CITY MANAGER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
40 September 22, 1994
MOTION NO. 94-689.1
A MOTION DIRECTING THE ADMINISTRATION TO REQUIRE THE SIGNATURE
OF THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) ADMINISTRATOR ON
ALL INVOICES IN CONNECTION WITH THE HOUSING PROJECT DEVELOPED
BY THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION ("THE
OASIS PROJECT") PRIOR TO DISBURSEMENT OF FUNDS.
Upon being seconded by Commissioner Plummer, the resolution and motion were passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Dawkins
ABSENT:
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'll vote yes, but I want to tell you, I'm going to be looking.
COMMENTS MADE AFTER ROLL CALL:
Mr. Alexander: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
16. (A)RATIFY CITY MANAGER'S FINDING THAT EMERGENCY NEED
EXISTED -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF CARPETING FOR CITY HALL FROM REY'S CARPET --
FOR DEPARTMENT OF GSA & SOLID WASTE -- ALLOCATE $9,623.
(B)DIRECT ADMINISTRATION TO JUSTIFY ALL EMERGENCIES IN THE
FUTURE.
Mayor Clark: Item Number 8.
Commissioner Plummer: The Rolls Royce of magic carpets.
Mr. Ron Williams (Assistant City Manager): Mr. Mayor.
Mayor Clark: Please, please, let me get something straight before we get started here. I hope I
have a lot of friends. I know I've got a lot of friends all over this County, political friends, and
personal friends, all. This was in the article... Is Joanne here today? Strange. Reported that - if
41 September 22, 1994
7
you read the morning paper - that this carpet, $9,000 carpet bill was given to these people
because they're my political friends. I don't even know they put carpet in this place, or where
they put carpet in. Sure, they're my friends. A lot of people are my friends. But I had nothing
to do with this. Now, Mr. Manager, this is your stead now.
Mr. Cesar Odio (City Manager): Yes, sir. I... The reason we went out on an emergency bid was
that we were hoping that August, which was the quiet month here - and turned out that it wasn't -
we could redo the office. We have not changed carpets in over ten years, that I know, maybe
even longer, and they were filthy, and, in fact, people were getting... So we had to replace the
carpets. We normally do renovations during the month of August in City Hall, and that's what
happened.
Commissioner Plummer: I move to deny.
Mr. Odio: That's fine. We'll take it out of your budget.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: So that means... That also means that J.L. Plummer is a friend of mine, so I can't
recommend any more funerals to J.L. Plummer, because you're a political friend of mine.
Commissioner Plummer: Mr. Mayor, I've always said, I'm the hardest man in the world to have
a conflict of interest. Nobody wants to die to get my vote.
Mayor Clark: Yeah, you let them down easy.
Vice Mayor Dawkins: Mr. Mayor, you know, this would be funny if it wasn't blown out of
proportion. This is something that happens here daily. In fact, I would love for somebody to go
out to somebody and get carpet for me, because every time they go out for bid, I come up with
the lousiest carpeting it is. We have to change the carpeting in my office more than every two
years.
Commissioner Plummer: Well, you ought to see mine. We have to trim it every morning.
Vice Mayor Dawkins: And I don't know. It's just... It's the grade that they purchase. Now,
Reinaldo Cruz is a friend of mine, but the carpet in my office didn't come from him. OK? So
this is nothing that is not done on a daily basis around here. So I move that we pay this
gentleman, and hope that he get some more work.
Mayor Clark: Is there a second?
Mr. Odio: Yeah. In fact, it's... I didn't even know who got the contract, and...
Vice Mayor Dawkins: Don't worry about it. Don't worry about it.
Commissioner Gort: Second.
Commissioner Plummer: I second the motion.
Mayor Clark: Call the roll.
Commissioner Plummer: Now, I want to talk about the rugs in my office that need mowing once
a week.
42 September 22, 1994
0a)
Mayor Clark: All right. OK, listen. Please call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-690
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING COMPETITIVE SEALED BIDS, AND APPROVING THE
PURCHASE OF CARPETING FOR CITY HALL FROM REY'S CARPET, AT A
TOTAL PROPOSED AMOUNT OF $9,623.00, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/PROPERTY MAINTENANCE DIVISION
ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID CARPETING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm only going to state for the record, Mr. Manager, I have no problem
with you buying the rug, and buying for what you think is the best price. The thing that I think is
hard to justify is the emergency basis. I think you'd have a real problem justifying that, but it's
done, it's over with, it's in. I would say in the future, I think that "emergency basis" should be
just that, an emergency.
Mr. Odio: Just something for the record, please. We did get written bids. It was not something
that we just called someone. It was written bids.
Commissioner Plummer: Mr. Manager, to me, and I think most people, emergency...
Ms. Matty Hirai (City Clerk): Excuse me, Commissioner.
Mayor Clark: Please, we're right in the middle of a roll call.
Ms. Hirai: Just completing roll call.
43 September 22, 1994
Commissioner Plummer: It was my vote we were still justifying. I'm sorry. In my estimation,
Mr. Manager, a real emergency is life and death. That's an emergency.
Mayor Clark: OK.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: And I would vote that Mr. Huizenga send a mower from the Joe Robbie
Stadium to mow the carpeting in J.L. Plummer's office.
Mayor Clark: OK.
Mr. Ron Williams (Assistant City Manager): Mr. Mayor, may I add, just for the record, that this
purchase was supervised by my office, in accordance with the City Code.
Vice Mayor Dawkins: That doesn't make it right, but go ahead.
Commissioner Gort: Makes it worse.
----------------------------------------------------------------------------------------------------------------
17. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES 1
APPROPRIATIONS FOR SPECIAL REVENUE FUND: STREET GANGS
TASK FORCE -- ACCEPT GRANT OF $12,359 -- EXECUTE NECESSARY
AGREEMENTS.
Mayor Clark: What item are we on now? Please, what's the next item?
Commissioner Gort: Fourteen.
Mr. Cesar Odio (City Manager): This is accepting a State of Florida grant of $12,359 for the
Miami Police Department Street Gangs Task Force.
Vice Mayor Dawkins: Move it.
Mayor Clark: Moved and seconded. Read the ordinance. All right. Call the roll, Madam Clerk.
An Ordinance entitled -
AN EMERGENCY ORDINANCE,< ESTABLISHING INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "STREET GANGS TASK FORCE," AND AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $12,359 FOR THE
PURPOSE SPECIFIED HEREIN; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE
AFOREMENTIONED GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
44 September 22, 1994
was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11176.
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.
----------------------------------------------------------------------------------------------------------------
18. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND 11139, BY
ESTABLISHING APPROPRIATIONS FOR A CAPITAL IMPROVEMENT
PROJECT: ADMINISTRATION BUILDING / GROUND FLOOR
ENCLOSURE (CIP 311032) ($288,300). (See labels 32 & 35]
Vice Mayor Dawkins: Mr. Mayor, I move that 15 be deferred, and let the Manager bring me the
cost breakdown of what this will cost, and what it is.
Mr. Cesar Odio (City Manager): Yes, sir. We have the cost breakdown, if you want it.
Vice Mayor Dawkins: No, no, but you shouldn't... I don't have it here. OK? I don't have... I
did not have time. You just said here $200,000. You don't tell me whether you're buying
$200,000 - $300,000 worth of elevators, or bricks, or what. OK? So I move that it be deferred
until the next meeting, when I have this information, please.
Mayor Clark: OK. That's all right.
45 September 22, 1994
ho
COMMISSION TIME9 AGENDA ITEM 15 WAS MEETING OF OCT BER 227, 1994.] DEFERRED UNTIL THE
------------------------------------------------- ---------------------------------------------------------------
19. ALLOCATE $160,000 FROM ECONOMIC DEVELOPMENT RESERVE AND
INCENTIVE FUND (PREVIOUSLY FUNDED FROM 20TH YEAR CDBG
FUNDS) -- FOR RENOVATING OVERTOWN SHOPPING CENTER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 16. Allocation of funds for Overtowo Renovation Shopping Center.
How much do you need there, $160,000? Mr. Manager? Item 16.
Ms. Miranda Albury: Yes, Mr. Mayor, $160,000.
Vice Mayor Dawkins: OK. Of that $160,000, how much of it is going back to the City of
Miami for administrative costs?
Ms. Albury: None of it, Commissioner.
Vice Mayor Dawkins: I beg your pardon?
Ms. Albury: None of it, Commissioner. All the monies are going to be used totally for the rehab
of the shopping center.
Vice Mayor Dawkins: And you will not have to pay Public Works no money for administering
nothing, you'll have nobody... All of this hundred and... None of this money will come back to
the City of Miami?
Ms. Albury: Commissioner Dawkins, when you say, "come back to the City of Miami," Public
Works is involved. We're going to...
Vice Mayor Dawkins: That's right. And Public... Does Public Works...
Mr. Cesar Odio (City Manager): No, they're not charging.
Vice Mayor Dawkins: You know, every project that we get...
Mayor Clark: No, wait. Let's just find out.
Mr. Odio: They're not charging, Commissioner.
Ms. Albury: Public Works will not be charging us for any of their work on the project.
Vice Mayor Dawkins: So you're going to present me with bills for $160,000 worth or service
and materials.
Ms. Albury: Yes, Commissioner Dawkins.
Vice Mayor Dawkins: And... I mean $200,000, not $160,000.
Ms. Albury: For $200,000.
46 September 22, 1994
W
Vice Mayor Dawkins: Yeah.
Mayor Clark: It's been established at $200,000, the cost.
Ms. Albury: Yes. That's the estimate that we've received.
Vice Mayor Dawkins: OK. And all of that is for materials?
Ms. Albury: For materials...
Vice Mayor Dawkins: And labor.
Ms. Albury:... and labor.
Vice Mayor Dawkins: And none of it goes back to... for plans and supervision, or what have you
and what have you.
Ms. Albury: None of it, Commissioner.
Vice Mayor Dawkins: No, no, no. Mr. Manager... I don't need that from you. I need that from
the Manager.
Mr. Odio. No, sir, it will not.
Vice Mayor Dawkins: OK. Thank you, Mr. Manager.
Mr. Odio: We need every penny. We need...
Vice Mayor Dawkins: Thank you, Mr. Manager.
Commissioner Plummer: I got to ask a question. Mr. Manager, what exists there?
Mr. Odio: We have the market, and we have now, we have quite a lot of...
Commissioner Gort: County, City...
Mr. Odio: Go ahead and tell him.
Ms. Albury: Yes. Commissioners and Mayor, currently, we have there the Dade County Family
Health Services, the NET (Neighborhood Enhancement Team) Office, the mini police station;
we have the laundromat, that is recently opened; we have a new business, a beauty salon, that
will be opening this coming Monday; a dry cleaners, which will be opening within the next
fifteen working days; and Crown Supermarket.
Mayor Clark: There was a fire over there that hit this spot. Wasn't there a fire in that area a
short time ago?
Commissioner Gort: No.
Ms. Albury: Not in the shopping center.
Commissioner Gort: Not in the shopping center.
Commissioner Plummer: No.
- 47 September 22, 1994
Mr. Odio: No, sir.
Commissioner Plummer: OK.
Mayor Clark: All right. Motion and a second. Motion by Mr. Dawkins, second by Mr. Gort.
Commissioner Plummer: Danny, you want to speak on this?
Mr. Adrean Lans: Yes, sir. Good evening, Honorable Mayor.
Ms. Matty Hirai (City Clerk): No, Mr. Mayor. I think his item was number 9. We're not
through with this one yet. It was deferred, Mr. Mayor. He was not present at the time it was
taken up, and he's ready to be request that it be heard at this time, after this issue passes.
Mayor Clark: All right. Well, wait just a minute on this. Call the roll on this item, Madam
Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-691
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
$160,000.00 FROM THE ECONOMIC DEVELOPMENT RESERVE AND
INCENTIVE FUND, PREVIOUSLY FUNDED FROM THE 20TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR THE PURPOSE OF
RENOVATING THE OVERTOWN SHOPPING CENTER.
(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 Gott
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
48 September 22, 1994
----------------------------------------------------------------------------------------------------------------
20. (A)RECONSIDER PRIOR DEFERRAL OF DISCUSSION CONCERNING
MAJOR ISSUES IN THE OVERTOWN AREA.
(B)PERSONAL APPEARANCE: ADREAN LANS -- TO DISCUSS
POSSIBILITY OF HAVING A SOFTBALL TEAM AT DORSEY PARK IN
THE OVERTOWN AREA -- REFER ISSUE TO CITY MANAGER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Back on Item Number 9, you say? We didn't take action?
Commissioner Gort: No.
A. Quinn Jones, III, Esq. (City Attorney): You need a motion to reconsider.
Ms. Matty Hirai (City Clerk): It had been previously deferred.
Commissioner Plummer: He wasn't here. We deferred that over till October 27th.
Mr. Adrean Lans: Well, sir, I was here at ten, and they told me at ten. So apparently, you
started a little earlier.
Mayor Clark: We waited... No, we waited till ten o'clock. This has been...
Commissioner Plummer: It'll be on the 27th agenda of October.
Mr. Lans: OK. Thank you.
Commissioner Gort: Why don't we hear it today?
Mayor Clark: It's not going to be on... It's been deferred.
Commissioner Gort: Mr. Mayor, we got a small agenda today. Why don't we hear it today? I
don't think it'll take that long.
Mayor Clark: Now you want to reconsider that?
Mr. Jones: Yeah, a motion to reconsider.
Commissioner Gort: I move to reconsider.
Mayor Clark: All right: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
49 September 22, 1994
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.94-692
A MOTION TO RECONSIDER THE PRIOR DEFERRAL OF AGENDA ITEM 9
(DISCUSSION REGARDING MAJOR ISSUES IN THE OVERTOWN AREA).
[Note: This item was immediately thereafter reconsidered and discussed. The City
Manager expressed he would work with the group and try to expedite and resolve issues
connected with their request to accommodate use of Dorsey Park for a softball team.]
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Now the item itself. It's got four attachments. This is item... Mr. Manager, give
us a little background on this.
Mr. Cesar Odio (City Manager): Well, he asked for a personal appearance, sir, on Item 9, Mr.
Lance, I believe it is, asked for a personal appearance.
Mr. Lance: Yes, sir.
Mr. Odio: I have no idea what...
Mayor Clark: What do you want to do, sir?
Mr. Lance: Sir, what we want to do is say, recently, we had a softball league at... Good
afternoon, Honorable Mayor and members of the City Commission, and the City Manager. First
of all, I want to say that we had recently a softball league established at Dorsey Park, and it's
taken dozens of young men off the street. With a major crime problem in the area, we would
like for this City Commission to get the building at Dorsey Park moving, expedite some budget
where that the building could be repaired, and we could take some legs and arms, and get the
game moving again, to keep the kids off the street. It's very imperative that the crime that Dade
County faces, that law enforcement, concerned citizens and the Court system get involved in
what we do for the kids today. They are our most precious resource, and we got to invest up
front with them. So funds would be needed, and support would be needed to get it going.
50 September 22, 1994
Mayor Clark: Mr. Manager, what action can we take today?
Mr. Odio: I had... They had a meeting with him yesterday. I would like to work with him, and
we will try to expedite.
Mr. Lans: OK. Thank you, sir.
Commissioner Plummer: Well, I think the Overtown Advisory Board and the NET
(Neighborhood Enhancement Team) office should be deeply involved in whatever you talk
about.
Mr. Odio: Well, Miranda is the NET Administrator, and she has been meeting with him, and she
will continue to do so.
Ms. Miranda Albury: Yes.
Commissioner Plummer: Well, OK.
Commissioner Gort: OK. Thank you.
Mayor Clark: All right. Take care of that... Mr. Lane, is it?
Mr. Lans: Mr. Lans. Thank you, Honorable Mayor.
Mayor Clark: Thank you, sir.
END OF DISCUSSION -- REFERRED TO CITY MANAGER
----------------------------------------------------------------------------------------------------------------
21. DISCUSSION CONCERNING PROPOSED RESOLUTION DECLARING
THAT MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON DESIGNATED CITY -OWNED LAND IS BY A
UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE MANAGER TO
PREPARE RFP FOR UDP FOR DEVELOPMENT OF CITY COMMISSION
CHAMBERS AND PHASE II ADMINISTRATION BUILDING ON CITY -
OWNED LAND ADJACENT TO 275 N.W. 2 STREET -- SCHEDULE PUBLIC
HEARING FOR DECEMBER 8, 1994.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Where are we at, 17?
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: Sixteen was passed. Seventeen, we're at 17.
Mayor Clark: Seventeen. Persons here on 17?
Mr. Odio: Mr. Mayor.
Mayor Clark: Yes.
- 51 September 22, 1994 . .
Mr. Odio: We are here asking that you declare development of phase two of the administration
building a unified development project, authorizing the Administration to prepare a Request for
Proposals document, and scheduling a public hearing for December 8, 1994, at 10:00 a.m.
Mayor Clark: Mr. Bailey, you have any comments?
Mr. Herb Bailey: No. I support that.
Mayor Clark: All right fine. Is there a motion?
Vice Mayor Dawkins: No, sir.
Commissioner Plummer: No, no, no.
Vice Mayor Dawkins: Questions, questions, questions.
Commissioner Plummer: Motion to deny.
Vice Mayor Dawkins: Mr. Manager, I've been here since 1981.
Commissioner Plummer: Whew!
Vice Mayor Dawkins: And every year or every other year, this item surfaces. And all it is is a
"feel good meeting". OK? We discuss it, you don't hear it anymore until another Commissioner
decides, hey, it's about time that I bring this up again. See?
Commissioner Plummer: It's election time.
Vice Mayor Dawkins: Now, if this passes today... Let me say this first. The last time I brought
this up, Mr. Manager, the dentist of the State... I mean all the dentists in Dade County have a
pension plan. Remember? They said, "If you want me to" - remember? - I will... "We, the
pension plan, will build a City Hall, and don't cost you a penny, using pension funds, and you
pay back the required return, and in twenty years, you will have the building," down the drain.
OK? Now, where will you get the money from to do this, sir, if this passes?
Mr. Bailey: We do have...
Mr. Odio: We have...
Mr. Bailey: We do have some concerns about the funds and where we might get them.
Vice Mayor Dawkins: OK. Wait a minute. No. See? See? Don't do this to me. Where will
you get the money from?
Commissioner Plummer: Administrate that first.
Vice Mayor Dawkins: If you have it, you have it. If you don't have it, you don't have it. I don't
care about how many, what kind of requirements you guys are concerned about.
Mr. Odio: There are various ways, and if you...
September 22, 1994
p 0
Mr. Odio: Well, one of them would be what you just said, a turnkey operation, where somebody
would come in and build the building for us, and we pay them so much a month or a year, and
after a certain time, the building belongs to us. We can also finance it.
Mr. Bailey: Yeah, that would be a good approach, but we won't know whether we'll be able to
do that until after we get the response from the Charter Amendment in November. At the
moment, I am told by the Law Department that the turnkey operation is not exactly legal at the
moment.
Commissioner Plummer: Are we still at a hundred and fifty-six and -a -half employees, the
square footage required, or did that half employee grow up from two years ago?
Mr. Bailey: Well, under the current situation, Commissioner Plummer, we're recommending
that we need a minimum of 175,000 square feet.
f
` Commissioner Plummer: Oh, it's gone up.
Mr. Bailey: It has gone up, because we now have included the Sports Authority, the Downtown
Development Authority, and some other offices to be put in there. We're currently occupying in
excess of 113,000 square feet, just for our City staff at the Dupont. When we add in the other
departments, including the City Hall Chambers, and offices, it comes to about 175,000 square
feet.
Mayor Clark: All right. Mr. Gort.
Commissioner Gort: I yield to Commissioner Dawkins. Go ahead.
Vice Mayor Dawkins: No, I'll wait. I yield to you.
Commissioner Gort: You go ahead and finish, Commissioner.
Vice Mayor Dawkins: Well, OK. How much presently will 178,000 cost to construct?
Commissioner Gort: A hundred and seventy-eight thousand square feet.
Mr. Bailey: Well, I think your question, Commissioner...
Vice Mayor Dawkins. Yeah, 178,000 square feet.
Mr. Bailey: ... how much we estimate it would cost today to accommodate that amount of space
is about thirty million dollars.
Vice Mayor Dawkins: Thirty million dollars. And the debt service on thirty million dollars is
how much?
Commissioner Plummer: Another thirty.
Mr. Bailey: It's about three million a year, we might say.
Vice Mayor Dawkins: Three million a year. And three million dollars a year can be found in the
present budget?
Mr. Bailey: We currently have one and -a -half million.
53 September 22, 1994
bi
Vice Mayor Dawkins: Beg your pardon?
Mr. Bailey: We currently have one and -a -half million that we can identify.
Vice Mayor Dawkins: One and -a -half. So you still...
Mr. Bailey: And that is the amount that we are paying...
Vice Mayor Dawkins: So you got to find another half, million and -a -half.
Mr. Bailey: One and -a -half million dollars, perhaps.
Mr. Odio: No.
Commissioner Plummer: Oh, no, no, no. Wait. What about the parking structure? How much
is the parking structure? You got to have a parking structure. That's another five million.
Mr. Bailey: Well, the current parking structure and the way we're recommending to be built at
the City Administration site, that garage number five is structurally sound enough to take two
more floors. We also have the parking under I-95 that can be modified. We need 478 parking
spaces today. That does not include visitation, if we have City Hall, so we might be looking at
maybe 600 parking spaces. There will be additional need for parking.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Commissioner De Yurre: And maybe it hasn't been brought up, maybe I'm at a loss. Didn't we
talk once, and I asked you to look into whether we could use Section 108 money to fund the
construction of this building?
Mr. Odio: Yes. We did look at it, and it's not possible. We cannot use those...
Commissioner De Yurre: Well, you told me it was possible. So nobody followed up to tell me,
all of a sudden, that it was not possible.
Mr. Odio: No. I asked the question, and somebody told me they had informed you.
Mr. Bailey: I did check with the Community Development Director, and I looked at our own
regulation, and we found that is the one exception. A public building for public use is not
eligible for the grant funding, for loans.
Commissioner Plummer: I think this is ridiculous. The people that bid before spent $100,000 to
prepare a bid, and they were out their money. Have you looked in the downtown area, or in any
area, of a building for sale that meets the required square footage?
Mr. Odio: There is one building that we looked at on the river, that used to be the old Miami
News building. It's an excellent building. We can buy that building, but I thought we were
trying to...
Mayor Clark: Oh, no. Oh, no. But that's...
Mr. Odio: ... to consolidate all the Administration in one location.
54 September 22, 1994
10 f
Mayor Clark: Oh, it would, but how much do they want for it?
Vice Mayor Dawkins: That, plus how much is it going to cost to rehab it.
Commissioner Plummer: That could have been bought for three million dollars.
Mr. Odio: Three million dollars.
Commissioner Plummer: Three million dollars for the whole deal. OK?
Mayor Clark: Not today.
Commissioner Plummer: That's exactly my point. Yes, sir, less... two months ago.
Mr. Bailey: There's no parking...
Mr. Odio: No, but it had a problem. It had no parking.
Mr. Bailey: There's no parking.
Commissioner Plummer: You got plenty of parking. OK? I'm saying to you, here you can get a
building, and it's a - from what I know - a substantial building.
Mayor Clark: It is a strong building. It is a strong building.
Commissioner Plummer: For three million dollars, and you're talking to go out for sixty million.
My friend, you do not have my vote. OK?
Vice Mayor Dawkins: Mr. Mayor and Mr. Gort, let me just tell you how this is just an exercise
in futility.
Mayor Clark: It is really.
Vice Mayor Dawkins: We have... We had the 4400 Building, Mr. Mayor and Mr. Gort, on
Biscayne Boulevard. We had a deal to buy the 4400 Building to use it. They didn't want that.
Commissioner Plummer: How many square feet in the old News building?
Vice Mayor Dawkins: Mr. Mayor and Mr. Gort, Mr. Bailey went out and negotiated a deal to
purchase the CenTrust building, for less than $50,000 (sic) to put the Administration building in
it. They didn't want that.
Mr. Bailey: Fifty million, less than fifty million.
Vice Mayor Dawkins: And all this is, is an exercise in futility that's gone through here. And
every now and then, this comes up, and - to my opinion - for nothing to happen.
Mayor Clark: What's the pleasure on 17? Now, I'm not going to go through this...
Commissioner Plummer: I would ask...
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, I would ask that the Administration go seriously talk with
the people at the old Miami Daily News Building. I'm told that...
55 September 22, 1994
Vice Mayor Dawkins: You do not have my vote to buy an old decrepit building like that from
somebody, and pay them a profit, and then rehab it. So that's how...
Commissioner Plummer: Well, if it's an old decrepit building, I would agree with you. But it's
my understanding it's a relatively in good shape building.
Mr. Bailey: The building... Commissioner, I have gone through that building several times. It
would need substantial modification, especially to the windows. It was built for an industrial
building, not for an office building.
Commissioner Plummer: American Express or Mastercharge used it for years, and they're no
slouch outfit.
Mayor Clark: Go look at it, please.
Commissioner Plummer: I would ask you to go get a serious negotiated bid from the owners,
come back and tell me if it needs a million dollars worth of upgrading or whatever, refitting, but
let us know that first, before you go ask us to spend sixty million, plus parking. I think it's the
"cart before the horse." So that's my opinion.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I have two questions. Being the new guy and not having gone through this
before, the reason... I brought this up at one time, because I understand we're paying... I don't
know how much we're paying in rent in different...
Mr. Bailey: We're one point five...
Commissioner Gort: ... and having all the different departments at different locations. My
question was, is that rent that we're paying enough to cover debt service, to have our own
building?
Commissioner Plummer: No.
Commissioner Gort: As I recall, in 1980, 1 think the City of Miami suggested that the
Government Center be built, and all the facilities be built there. The County complied with it,
and the State complied with it. We're the only ones that have not complied with those plans, and
it was our plan. So we did that. So what I would like to see is a feasibility study in the
possibility of it being done. I don't know how much it would...
Mr. Bailey: We have...
Mayor Clark: Well, the reason the County building is where it is today is that the County was
spread all over the County, itself, in rental properties, and we were able to take all those rental
properties, and put them together in a package, and go out on revenue bonds to pay off the debt
service on that bond issue for the building downtown. But since that time, they've sold that
building, and they pay rent on it the present day so they can enhance their budget. They've done
a lot of sharp deals down there. I think Sergio Pereira is the one who put that together. Smart
deal. But insofar as a bond issue is concerned, you might as well forget about that.
Commissioner De Yurre: Mr. Mayor, if I may.
56 September 22, 1994
Mayor Clark: Yes, sir.
Commissioner De Yurre: We pay approximately what, one and -a -half million dollars a year?
Mr. Bailey: One and -a -half million a year.
Commissioner De Yurre: For how many square feet?
Mr. Bailey: One hundred and thirteen... 110,000 square feet.
Commissioner De Yurre: OK. So I think we need to "compare apples with apples, and oranges
with oranges." You know, if we're talking about 178,000, obviously, it's going to be a lot more
expensive. So...
Mr. Odio: But we're talking about if you bring the DDA (Downtown Development Authority)
in, they would pay rent, and bring the Sports Authority, they would pay rent, and maybe even the
Pension Boards and... who are now renting all over.
Commissioner De Yurre: OK. Have you figured out how much they would be kicking in
towards the payment?
Commissioner Plummer: We pay $25,000.
Mayor Clark: No, not enough to amortize it all.
Mr. Bailey: The Sports Authority pays $40,000 a year. The DDA...
Commissioner Plummer: Wait, wait, wait. Where did you get that number from? I just...
We're going to approve a budget today at $25,000. Where did you get forty?
Mr. Bailey: They got 2500 square feet, and I have a 40,000 number here.
Commissioner Plummer: Well, you must be including parking, then. Because we're paying
$25,000.
Mr. Bailey: I guess it's an all-inclusive... all-inclusive number I have here.
Commissioner Plummer: Oh, OK, with parking, yeah. OK.
Mr. Bailey: And I Downtown Development Authority at $70,000.
Commissioner Plummer: Seventy-two thousand.
Mr. Bailey: OK. The City, itself, is one point two-five-o. When we add that together, that's
where we get the one million, five -eighty-five of available funds. Now, it determines on what
you want to build. We are suggesting that...
Mayor Clark: Well, you're going to build what you need, Herb. You said 178,000 square feet.
Mr. Bailey: We need 175,000 square feet for a state-of-the-art City Hall, and that's what we're
recommending.
Commissioner Plummer: Well, if you're talking City Hall, you really don't have my vote. I
don't want to move from here. OK?
57 September 22, 1994
Vice Mayor Dawkins: See what I'm telling you? See, that's what I'm telling you, Mr. Mayor.
You go through this... everybody... Now, he was willing, to a point.
Mr. Odio: But then you can remove...
Commissioner Plummer: Yeah, but wait a minute. Are we losing something here? They're
telling me that the Miami Daily News Building is 200,000 square feet, or 2800 - 28,000 more
square feet than what you - 22,000 square feet more than what you need. The building is at three
million. Assume we have to spend two million to fix it up. You're spending five million for a
building that meets our needs, as opposed to sixty million. We're... Where is there any
semblance of sanity here?
Mr. Bailey: Commissioner, it all depends on what you want to do. If you're talking about City
Hall...
Commissioner Plummer: I want to try to save a few dollars.
Mr. Bailey: All right.
Commissioner Plummer: A few dollars... Fifty-five million is still a lot of money, in my book.
Mr. Bailey: If you want City Hall, I'd suggest that the building is not adequate.
Commissioner Plummer: Sir, I will fight you "tooth and nail" if you try to move City Hall from
here.
Mayor Clark: All right. Please, please, now. I'm going to stop this argument right now. We're
going to move to... We're not going to take any action on this, Mr. Manager.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
22. AUTHORIZE ISSUANCE OF $25,000,000 TAX ANTICIPATION NOTES,
SERIES 1994 -- FOR MEETING CERTAIN OF THE CITY'S CASH FLOW
REQUIREMENTS FOR FY ENDING SEPTEMBER 30, 1995.
Mayor Clark: Next item, Item 18.
Commissioner Plummer: Mr. Mayor, please, may I inquire that my request will be granted, that
the Administration will look in and try to negotiate a price to see what it's worth.
Mayor Clark: That's all right. No problem. That's a request to the Manager.
Commissioner Plummer: OK. That's fine.
Mayor Clark: We're on item 18. It says this item is subject to the passage of the budget this
afternoon. Is that right?
Mr. Cesar Odio (City Manager): Yes, but it's subject to the budget... This is the tax anticipation
notes. I'll repeat it for the record, Mr. Mayor. Because of the Gates settlement, we need to make
58 September 22, 1994
0
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a huge payment October 1st to the Pension Board. The tax monies for the budget do not start
coming in until December.
Commissioner Plummer: We do it every year.
Mayor Clark: All right.
Mr. Odio: So we do that this way.
Commissioner Plummer: I move it.
Mayor Clark: Second?
Commissioner Plummer: You got to have money to operate with.
Mayor Clark: Cast a unanimous ballot for those present, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-693
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $25,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF
MIAMI, FLORIDA, TAX ANTICIPATION NOTES, SERIES 1994 FOR THE
PURPOSE OF MEETING CERTAIN OF THE CITY'S CASH FLOW
REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995;
FIXING CERTAIN DETAILS OF SAID NOTES INCLUDING APPROVING THE
FORM THEREOF; PROVIDING FOR THE RIGHTS AND SECURITY OF ALL
NOTEHOLDERS PURSUANT TO THIS RESOLUTION; APPOINTING A PAYING
AGENT FOR THE NOTES; AUTHORIZING THE CITY MANAGER OR
ASSISTANT CITY MANAGER TO TAKE ANY ACTION NECESSARY TO
QUALIFY THE NOTES FOR DEPOSIT WITH THE DEPOSITORY TRUST
COMPANY; DIRECTING AND AUTHORIZING SALE OF THE NOTES BY PUBLIC
BID AND DIRECTING PUBLICATION OF A SUMMARY NOTICE OF SALE OF
SAID NOTES AND ESTABLISHING THE DATE AND TIME FOR SUCH SALE
AND THE PROCEDURE FOR AWARDING SAID NOTES; APPROVING THE
FORM AND DISTRIBUTION TO PROSPECTIVE PURCHASERS OF A
PRELIMINARY OFFICIAL STATEMENT; APPROVING THE FORM AND
EXECUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE CITY
MANAGER OR ASSISTANT CITY MANAGER ON BEHALF OF THE CITY TO
DETERMINE THE FINAL DETAILS OF THE NOTES WITHIN THE PARAMETERS
ESTABLISHED BY THIS RESOLUTION; AUTHORIZING REQUISITE ACTIONS
AND THE EXECUTION OF DOCUMENTS BY THE MAYOR OR VICE MAYOR,
CITY MANAGER OR ASSISTANT CITY MANAGER, AND THE CITY
ATTORNEY, AS TO THE FORM, CONSISTENT WITH SUCH FINAL DETAILS;
AUTHORIZING THE OFFICERS OF THE CITY TO TAKE ALL OTHER ACTIONS
NECESSARY IN CONNECTION WITH THE ISSUANCE OF THE NOTES; MAKING
CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH
THE ISSUANCE OF SAID NOTES; AND PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
59 September 22, 1994
.:®
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
23. AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO
EXISTING AGREEMENT WITH JOINT VENTURE OF BEDMINSTER /
SEACOR SERVICES, INC., THEREBY AMENDING SAID AGREEMENT
WHICH ENGAGED THE SERVICES OF BEDMINSTER / SSI TO DESIGN /
CONSTRUCT / ACCEPTANCE TEST / FINANCE / OWN / OPERATE A
SOLID WASTE PROCESSING FACILITY, BY ALLOWING 30 MONTHS
FROM EXECUTION OF CONTRACT FOR THE PLAN TO BE IN
OPERATION.
Mayor Clark: Number 19.
Commissioner Plummer: Do you want everybody hereon that one? I think you probably do. I
think you want a full...
Mr. Cesar Odio (City Manager): On 19, it's simple, Mr. Mayor. We had...
Commissioner Plummer: Cesar, you got two people absent.
Mr. Odio: Oh.
Commissioner Plummer: I think you should have everybody here. I mean, I'm all in favor of it,
but let's...
Mr. Odio: All we're doing is extending their contract because of...
Mayor Clark: Get Willy in here, will you?
Mr. Odio: ... issues that are not of their doing. They couldn't...
Mayor Clark: Is this just extending the contract?
Mr. Odio: It's extending the time limit so that we can continue on...
Commissioner Plummer: Mr. Mayor, let me go a little bit further, if I may.
60 September 22, 1994
Mayor Clark: How much additional time?
Commissioner Plummer: No. This...
Mr. Odio: Now, they will have thirty months from today, Mr. Mayor, from the date of the
contract signature on it, it will be thirty months. If DERM (Department of Environmental
Resources Management)... What we've done now, so that we don't have to go through this
every time, if DERM or the State delays them for months, we will add those months to the thirty
months.
Mayor Clark: All right. You move it, J.L.?
Commissioner Plummer: Mr. Mayor, I move it, and just for clarification, this is a subject which
we discussed and voted on previously. Basically, this is just an extension of time of that
contract, with a few modifications, which the Manager has modified out, and as far as I'm
concerned, at any time, if these people... I don't know if they want to speak or not.
Mayor Clark: I don't need to speak. You're asking for time. Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Any discussion? Did you want to speak on this item?
Ms. Kathy Emery: Yes, sir. It's somewhat different from the item you have on your desk.
Mayor Clark: Give us your name, please.
Ms. Emery: Oh, I'm sorry. I'm Kathy Emery, from Shoreline Services, Inc. I have a
commercial laundry located in the City of Miami, and my services have... I've received
notification that my services have been terminated for garbage pickup.
Mayor Clark: No, no, that's about...
Vice Mayor Dawkins: No, no, we're not on that yet.
Commissioner Plummer: No. That has nothing to do with this.
Vice Mayor Dawkins: He's going to bring that up in a few minutes.
Mayor Clark: Well, it's not that...
Commissioner Plummer: It has nothing to do with this.
Vice Mayor Dawkins: That has nothing to do... Have a seat. We'll get with you in a few
minutes.
Mayor Clark: Yes, ma'am. Can we accommodate you?
Ms. Matty Hirai (City Clerk): She would like to request that a previously deferred item be
considered, Mr. Mayor. She was not present at the time it was picked up.
Vice Mayor Dawkins: Which item?
61 September 22, 1994
Mayor Clark: Which item?
Unidentified Speaker: Item Number 11. I got lost in Old Cutler Road and Kendall.
Mayor Clark: That item has been deferred, I think, right?
Commissioner Plummer: Till October 27th, yes.
Mayor Clark: October the 27th.
Vice Mayor Dawkins: On October the 22nd, you can be heard, ma'am.
Commissioner Plummer: Twenty-seventh.
Mayor Clark: Twenty-seventh, 2-7.
Unidentified Speaker: Oh. Is there any way that I could wait and be the last on the agenda?
Mayor Clark: No, ma'am, because we have already... The people were here before, and we
deferred it until the 27th, so they'd have to come back. We're sorry for your inconvenience and
sorry that you missed the timing.
Unidentified Speaker: Thank you.
Mayor Clark: All right. Fine.
Vice Mayor Dawkins: What are we on now, 18?
Mayor Clark: Nineteen, the vote on 19. J.L. moves it? This is the extension of time.
Commissioner Plummer: Yes.
Mayor Clark: Is there a second? Give me a second. Miller, you second?
Vice Mayor Dawkins: Yes.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: Wait. "Extension of time"...
Mayor Clark: That's what he says.
Vice Mayor Dawkins: What does that mean, now?
Mr. Odio: They will have thirty months from the time that we execute the contract to have the
plan in operation.
Vice Mayor Dawkins: Oh, OK.
Mr. Odio: But if they are delayed by DERM, or the State of Florida...
Vice Mayor Dawkins: OK. OK. I understand you. I second it.
Mayor Clark: Call the roll.
62 September 22, 1994
W
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-694
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO AN EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE JOINT VENTURE OF BEDMINSTER/SEACOR
SERVICES, INC. ("BEDMINSTER/SSI"), THEREBY AMENDING SAID
AGREEMENT WHICH ENGAGED THE SERVICES OF BEDMINSTER/SSI TO
DESIGN, CONSTRUCT, ACCEPTANCE TEST, FINANCE, AND OWN/OPERATE A
SOLID WASTE PROCESSING FACILITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor, now, with this action, does anything else need to be done
by the City or...
Mr. Odio: We are now... We will execute the contract, then it's up to them now to begin their
process of obtaining permits and et cetera. Hopefully, they'll be ready in...
Commissioner De Yurre: OK.
Commissioner Gort: We got to go.
----------------------------------------------------------------------------------------------------------------
24. EXECUTE AGREEMENT WITH WHEELABRATOR SOUTH BROWARD,
INC. IN ESTIMATED AMOUNT OF $4,400,000 -- FOR ACCEPTANCE AND
DISPOSAL OF PROCESSABLE WASTE FROM CITY OF MIAMI.
Mayor Clark: Item Number 20.
Commissioner Plummer: Move it.
Mr. Cesar Odio (City Manager): Wait. Let... No, this is just... We made a mistake on the last
Commission. This is a total of four million, four hundred and forty thousand. This is our
disposal fee to Broward...
63 September 22, 1994
ko
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Commissioner Plummer: Whoa!
Mr. Odio: Commissioner, just wait a minute. We're saving seven million. So this is to dump
our garbage in Broward County Wheelabrator.
Commissioner Plummer: At $42?
Mr. Odio: At $42.
Mr. Ron Williams (Assistant City Manager): Forty-four.
Mr. Odio: Forty-four, I'm sorry. Forty-four.
Commissioner Plummer: All right. Even at that, I'll move it.
Vice Mayor Dawkins: Second.
Mayor Clark: Any... Call the roll.
Commissioner Plummer: Why? It's a resolution.
Mayor Clark: I know, but, if anybody said how you voted, you'll find out.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-695
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH WHEELABRATOR SOUTH BROWARD, INC., (WHEELABRATOR), IN AN
ESTIMATED AMOUNT OF $4,400,000 AND FOR A PERIOD OF ONE YEAR, FOR
THE ACCEPTANCE AND DISPOSAL OF PROCESSABLE WASTE FROM THE
CITY OF MIAMI; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NO.421301-531, PROJECT NO.422001.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
64 September 22, 1994
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10
----------------------------------------------------------------------------------------------------------------
25. EXECUTE AGREEMENT WITH HOLLAND & KNIGHT -- FOR
PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES ON BEHALF
OF THE CITY (OCTOBER 1, 1994 - SEPTEMBER 30, 1999) -- ALLOCATE
$100,000, ANNUALLY, PLUS $20,000 ANNUAL REIMBURSABLE
EXPENSES FROM LEGISLATIVE LIAISON GENERAL FUND.
Commissioner Plummer: Move 21.
Mayor Clark: Twenty-one.
Vice Mayor Dawkins: Under discussion.
Commissioner Gort: Second.
Mayor Clark: All right.
Vice Mayor Dawkins: What is the amount that you can let out these kind of contracts without
going to bid?
Commissioner Plummer: Fifty.
A. Quinn Jones, III, Esq. (City Attorney): No. This is legal services. This is legal services,
Commissioner, which does not have a limitation.
Vice Mayor Dawkins: It doesn't have a cap?
Mayor Clark: No.
Vice Mayor Dawkins: OK.
Mr. Jones: You don't have to bid on...
Vice Mayor Dawkins: All right. Now, when I bring somebody back here, don't tell me about
you got to bid it and cap it, OK?
Mayor Clark: OK. That's good.
Vice Mayor Dawkins: I just want to put it in the record. OK?
Mayor Clark: Very good.
Vice Mayor Dawkins: Thank you.
Mayor Clark: Further discussion? Move it?
Commissioner Plummer: Well, no, no. I got a question, because I want clarification. You're
saying that a lobbyist is legal services?
Mr. Jones: What this happens to be...
65 September 22, 1994
Commissioner Plummer: What about lobbyists that are not lawyers?
Mr. Jones: What this happens to be, legal... or should I say lawyers who serve in dual
capacities.
Commissioner Plummer: But we're not hiring them as lawyers. We're hiring them as lobbyists.
Mr. Jones: Yes.
Commissioner Plummer: Now, why are you making a statement that this is legal? I don't find
that to be the case, because they are there representing us on a lot of issues that are not legal, that
are strictly financial.
Mr. Jones: Well, they do advise us, quite frequently, on the legal ramifications of legislation
that's coming before the legislature.
Mayor Clark: All right.
Vice Mayor Dawkins: What it says, J.L., is they are legal, legislative consultants.
Mayor Clark: All right.
Vice Mayor Dawkins: They don't call themselves lobbyists anymore, to get around that. They
are legislative consultants, who happen to be lawyers.
Commissioner Plummer: Yeah, OK. Because we have lobbyists that are not lawyers. OK?
Mayor Clark: Well, that's another story.
Commissioner Plummer: All right. I just wanted the clarification, Mr. Mayor.
Mayor Clark: All right. Will somebody move it?
Vice Mayor Dawkins: Yes, sir. But I want J.L. to under...
Commissioner Plummer: I moved it.
Vice Mayor Dawkins: But, J.L., understand, though, when they come up, if I bring one up here,
then he's not a lobbyist.
Mayor Clark: All right. You're dead right, you're dead right.
Vice Mayor Dawkins: Thank you, sir. Thank you, Mr. Mayor. Go ahead.
Mayor Clark: Is there a second? Call the roll, Madam Clerk.
66 September 22, 1994
W
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-696
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE LAW FIRM OF HOLLAND & KNIGHT, FOR
PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES ON BEHALF OF
THE CITY, FOR THE PERIOD OF OCTOBER 1, 1994 THROUGH SEPTEMBER 30,
1999; ALLOCATING FUNDS THEREFOR FROM THE LEGISLATIVE LIAISON
GENERAL FUND, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,000.00 FOR
SAID SERVICES, TOGETHER WITH AN ANNUAL AMOUNT NOT TO EXCEED
$20,000.00 FOR REIMBURSABLE EXPENSES, APPROVED BY THE CITY
MANAGER.
(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.
----------------------------------------------------------------------------------------------------------------
26. (A)ACCEPT PROPOSAL OF BOOTH RESEARCH GROUP, INC. -- TO
DEVELOP AND IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND ASSESSMENT CENTER PROCESS FOR
CLASSIFICATION OF CHIEF FIRE OFFICER -- ALLOCATE $35,325.
(B)ACCEPT PROPOSAL OF BOOTH RESEARCH GROUP, INC. -- TO
DEVELOP AND IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND ASSESSMENT CENTER PROCESS FOR
CLASSIFICATION OF FIRE CAPTAIN -- ALLOCATE $44,325.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 22.
Commissioner Plummer: Mr. Mayor, 22 and 23, I, for the life of me, don't understand why
we've got to spend $70,000 to prepare a test. I just... We got in-house personnel, we got
employment, we got human resources.
Mr. Cesar Odio (City Manager): No, sir. Sir, we spend more monies in that in lawyers to defend
what we do afterwards. This has been negotiated with the unions. It's important that we... This
is a very special type of test, and it's just not that simple.
67 September 22, 1994
Commissioner Plummer: You know, what would a City like Opa-Locka do if it doesn't have
$70,000?
Mayor Clark: They'd probably punt.
Commissioner Plummer: Well, but I... You know, it's... I don't understand why this thing is so
difficult that we've got to spend $70,000...
Mayor Clark: Can you add some light to it?
Ms. Angela Bellamy: Yes. Mr. Mayor and members of the Commission, we do have to have a
Ph.D. in industrial psychology, who actually goes through the motions. There is... We happen
to be in a government that is scrutinized.
Mayor Clark: Bright lady, bright lady.
Vice Mayor Dawkins: Mm-hmm.
Ms. Bellamy: We're under a consent decree. We have to make sure that the tests meet all of the
legal boundaries...
Commissioner Plummer: But why do we... That's fine, but why? We have all of this, in-house
people...
Mr. Odio: We don't have a Ph.D.
Ms. Bellamy: We do not have any Ph.D.s in industrial psychology. We give... We give a lot
of...
Commissioner Plummer: We're sure paying for Ph.D.s. We may not have any.
Ms. Bellamy: Commissioner, I don't think so. We have...
Mayor Clark: Well, let's get on...
Vice Mayor Dawkins: OK. One question, and then we can move. You're telling me that at
Miami -Dade Community College, Barry, University of Miami, FIU (Florida International
University), St. Thomas, and all of those schools, there is not an individual with a Ph.D. in
industrial - whatever you're looking for - that can sit down and pull this together?
Ms. Bellamy: No, Commissioner, I didn't say that. What we did...
Vice Mayor Dawkins: OK. Well, then... But then, don't harp on the fact that you need a Ph.D.
in industrial education (sic). Don't tell me that. Just tell me, perhaps, that this guy, with a Ph.D.
in industrial education (sic), we have used before, and we feel that this individual can produce
for us, and we're comfortable with it. I'll buy that. But don't tell me that he's a Ph.D. Ph.D.s
are "a dime a dozen."
Mayor Clark: Mr. Bryson...
Commissioner Plummer: Yeah, but you know I...
Mayor Clark: Please, please. Mr. Bryson.
68 September 22, 1994
Mr. Shorty Bryson: Thank you. Shorty Bryson, Miami Association of Fire Fighters.
Commissioners and Mayor, I'd like to explain. I mean, we went through a lot of years at this.
Assessments centers are the best source of finding personnel for promotion. They're the most
valid source. They eliminate things that other tests fall under criticism for, such as ethnic
problems, and sexual problems. Assessment center is a test of doing. You actually have
simulated exercises that the candidates do. It's not a written test. Part of one of the assessment
centers will be written for technical knowledge, and that's all. But through the problems of
people challenging these exams, you have to have somebody with credentials to do them. The
City and the union, both, want a test, once it's done, to be final, and not to be challenged and
overturned, like some of the FOP (Fraternal Order of Police) exams have been, that end up
costing the City settlement dollars for years to come. So that's our primary thing. We did go out
to bids. We got the lowest one we could get of the most competent person we could get. The
union and the City were happy with Booth as the consultant. We think the money is well spent
in this area. It's for Captain and Chief.
Mayor Clark: Can I get a motion on this item?
Commissioner Plummer: Mr. Mayor, my question happens to be as to why we're doing business
with a company in Aurora, Colorado.
Mayor Clark: We don't have one in Miami.
Commissioner Plummer: There must be someone, with all of these educated people that we've
got in this community that our dollars can't stay in this community.
Ms. Bellamy: Yes, Commissioner. What we did was, we looked at cities of comparable size,
and we looked at their track record, who they were using. We also...
Commissioner Plummer: Did you look and see what we have available in this community? I
mean, as my colleague said, we've got FIU, we've got Dade Junior, we've got Barry College.
We got all of these people that do these kind of things. Why are we shipping our dollars out?
Ms. Bellamy: Quite honestly, Commissioner, we don't have anyone locally who has gone
before the test of a consent decree, who has worked with municipalities who have had the kinds
of challenges that we have.
Mayor Clark: That's a good answer.
Commissioner Plummer: So in other words, what you're saying is, you didn't go locally and
look.
Ms. Bellamy: We tried to look for people... look for people...
Commissioner Plummer: You're saying that if I go out, and I find... I can't find one in Dade
County who is qualified to do this work.
Ms. Bellamy: I can't say...
Commissioner Plummer: Is that what you're telling me?
Ms. Bellamy: No, Commissioner. I'm not saying that.
Commissioner Plummer: Well, that's what I wanted you to tell me, now.
69 September 22, 1994
Ms. Bellamy: No. What I'm saying is, we cannot find... We did not find anyone who has had
the same track record as the people who were sent... who were asked to respond to these bids.
Mayor Clark: All right.
Commissioner Plummer: Again, my question is, you're telling me that you didn't look.
Mayor Clark: Oh, J.L., please, now, let's don't...
Commissioner Plummer: I'm just asking the question for the record, Mr. Mayor.
Mr. Odio: She is saying that there was no one with the track record that Booth has.
Commissioner Plummer: You're not listening. My question is simple, and I'd like a simple
answer.
Ms. Bellamy: We didn't send anyone any...
Commissioner Plummer: You did not look locally.
Ms. Bellamy: ... any responses to any locally.
Mayor Clark: Is there a motion on the item? Move it. Is there a second?
Commissioner Gort: Mr. Mayor, I'll second it, and discussion. One of the things I understand as
your reason for doing this is we've had a lot of problems in the past, and a lot of the challenges
that were stated before by the Administration, and those challenges have cost us a lot of money.
And I've been through some of the problems myself, when we tried to put the ordinance with the
vendors. We really had to do a lot of work to get it. My understanding is they went and they
looked at the different cities that had the same experience that we've had in the past in this type
of test, and one of the biggest problems, in reading some of the documentation that we've had in
the lawsuit that we had before, one of the things we... The problems that we had is the lack of the
implementation, and training, and so on. And for those reasons, I think this money would be
well spent if we can save us in the future.
Mayor Clark: Call the roll.
70 September 22, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.94-697
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF
BOOTH RESEARCH GROUP, INC., TO DEVELOP AND IMPLEMENT A
CUSTOMIZED WRITTEN EXAMINATION AND ASSESSMENT CENTER
PROCESS FOR THE CLASSIFICATION OF CHIEF FIRE OFFICER, CITY OF
MIAMI, FLORIDA, AT A TOTAL PROPOSED AMOUNT OF $35,325.00;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI FIRE -RESCUE
DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE NO. 280401-270;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH BOOTH RESEARCH GROUP,
INC., FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm going to vote affirmatively, but I'm also going to register a protest
that you did not look locally and justify there was nobody available. I'm going to vote for it,
OK? But I want to tell you something. I am upset that we didn't...
Ms. Bellamy: She's telling me we did contact...
Mr. Odio: Excuse me. Let me clarify the record. Now she's telling... We did look...
Ms. Bellamy: Let me... Let me just say this, Commissioner.
Commissioner Plummer: Do I have to go through a...
Mayor Clark: You just opened the gate again. You opened the gate again. I'm trying to get this
thing closed.
Commissioner Plummer: OK. I'm just...
Vice Mayor Dawkins: I'm voting yes, and I'm hoping that if somebody other than the unions
contest this, that you can defend it, just like you would defend it for the unions. OK? Because
somebody outside the unions may decide that they want to challenge this, also.
71 September 22, 1994
Commissioner Plummer: Yeah, and if you've got to bring them back from Colorado, it's going
to be expensive.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: How about 23, is that the same item?
Commissioner Plummer: Same item.
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Clark: Cast a unanimous... Same vote?
Commissioner Plummer: Mr. Mayor, on 23, my same contentions.
Mayor Clark: All right. Second by Mr. Gort. Same vote.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-698
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF
BOOTH RESEARCH GROUP, INC., TO DEVELOP AND IMPLEMENT A
CUSTOMIZED WRITTEN EXAMINATION AND ASSESSMENT CENTER
PROCESS FOR THE CLASSIFICATION OF FIRE CAPTAIN, CITY OF MIAMI,
FLORIDA, AT A TOTAL PROPOSED AMOUNT OF $44,325.00; ALLOCATING
FUNDS THEREFORE FROM THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT
GENERAL OPERATING BUDGET, INDEX CODE NO. 280401-270; AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH BOOTH RESEARCH GROUP, INC., FOR SAID
SERVICES.
(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.
72 September 22, 1994
---------------------- ----------------------------------------------------------------------------------
27. AUTHORIZE RENTAL OF 23 ADDITIONAL VEHICLES FROM ROYAL
RENT -A -CAR -- FOR POLICE DEPARTMENT (UNDER EXISTING BID NO.
92-93-083R) -- ALLOCATE $175,260 FROM: (a) LAW ENFORCEMENT
TRUST FUND (LETF); (b) CRACK COCAINE GRANT SPECIAL REVENUE
FUND; (c) PUBLIC RESEARCH DOCUMENTS SPECIAL REVENUE FUND;
(d) HAITIAN NARCOTICS TRAFFICKING ENFORCEMENT TEAM
SPECIAL REVENUE FUND; AND (e) DRUG FREE NEIGHBORHOOD TASK
FORCE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 24. This is nothing more than a thing that wasn't advertised
properly, and they did it, and they screwed it up, and now, we got to straighten it out. I move 24.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-699
A RESOLUTION AUTHORIZING THE RENTAL OF TWENTY-THREE ADDITIONAL
VEHICLES FROM ROYAL RENT -A -CAR FOR THE POLICE DEPARTMENT UNDER AN
EXISTING CITY OF MIAMI BID NO. 92-93-083R AT A PROPOSED COST OF $175,260.00
AND ALLOCATING FUNDS IN THE AMOUNT OF: $45,720.00 FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT NO. 290931-610;
$7,620.00 FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001,
ACCOUNT NO. 290933-610; $45,720 FROM THE CRACK COCAINE GRANT SPECIAL
REVENUE FUND, PROJECT NO. 133001, INDEX CODE NO. 290448-610; $7,620.00 FROM
THE PUBLIC RESEARCH DOCUMENTS SPECIAL REVENUE FUND (CODE TO BE
ESTABLISHED); $45,720.00 FROM THE HAITIAN NARCOTICS TRAFFICKING
ENFORCEMENT TEAM SPECIAL REVENUE FUND (CODE TO BE ESTABLISHED);
$22,860.00 FROM THE DRUG FREE NEIGHBORHOOD TASK FORCE, PROJECT NO.
142005, INDEX CODE NO. 290455-0610; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE.
73 September 22, 1994
L]
0
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: What time are we coming back, Mr. Mayor?
Mayor Clark: I'm not finished yet. Let me find out.
Commissioner Plummer: We are finished.
Commissioner Gort: I got a pocket item.
Commissioner De Yurre: Five o'clock. Mr. Mayor, can we take a pocket, then?
Mayor Clark: Just... Wait a second. Let this gentleman approach the microphone, and then
we'll take all your pockets. We got plenty of time. Tell them who you are and what we've got.
He's got a copy of this on the desk.
Commissioner Plummer: But you got five-o-five, budget.
Mr. Odio: We have four o'clock, a Planning and Zoning item...
Vice Mayor Dawkins: At four o'clock.
Commissioner Plummer: OK. Just asking.
Mr. Odio: And then at five-o-five, you have a budget...
Mayor Clark: Please, just a minute now. Let's don't get ahead of us.
74 September 22, 1994
ON
------------ -----------------------------------------------------------------------------------------------
28. REFER DESIGN PROPOSAL BY DON DiGIACOMO, ENTITLED "NEW
BAYSIDE MARINA," CALLING FOR A NEW MOORING SYSTEM KNOWN
AS "HIGH-WATER" TO CITY MANAGER FOR HIS REVIEW -- DIRECT
ADMINISTRATION TO BRING THIS ISSUE BACK AT OCTOBER 27TH
MEETING, WITH A RECOMMENDATION.
Mayor Clark: Give us your name for the record.
Mr. Don Digiacomo: Good morning. My name is Don Digiacomo, 9961 Northwest 9th Street
Circle.
Mayor Clark: He's spoken to you, J.L.?
Commissioner Plummer: Excuse me?
Mayor Clark: He's spoken to you?
Commissioner Plummer: Yes, sir, he spoke to me, and I sent it on to the Administration. This is
in reference to Miamarina. He has a plan that I think merits looking into and for consideration.
Now, I'm not a genius in this area, but let me tell you, I like the plan that he came up with and...
Mayor Clark: You all have a copy of it, I think, don't you, on your desk?
j Commissioner Plummer: No, he didn't... He came to me as an individual. Well, what I would
suggest, Mr. Mayor, because, you know, we're so far along the line, that we send him to the
Administration to look at what his proposal is. Because I tell you, I think it has merit.
Mayor Clark: I think it... He came to the office, and I saw his proposal. I think it merits our
attention, and...
Mr. Cesar Odio (City Manager): The floating docks, you mean. This is what we're talking
about?
Commissioner Plummer: Well, this is... No, it's a complete layout, as well as new docks. OK?
Commissioner Gort: It's designed for Bayside.
Mr. Odio: Well, we... I think I stopped by the Mayor's office the day they were there. Isn't that
the case?
Mayor Clark: Yeah.
Mr. Odio: And we already have a design accepted by everyone, and I think we're going to delay
another year the building of the Bayside Marina...
Mayor Clark: Well, at least, Cesar, let him come by and express it all to you. That would just...
Mr. Odio: I'll tell him the same thing. OK.
Commissioner Plummer: I would rather delay a year and wait for a better plan than to rush in
and not have the best plan available. That's my feelings.
75 September 22, 1994
:r. DiGiacomo: I thank you for that.
Mayor Clark: You know, this is a fantastic plan.
Vice Mayor Dawkins: Yeah, i like it, Mr. Mayor.
Mayor Clark: Boats are tied right to the boat riser.
Commissioner Plummer: I move at this time, Mr. Manager, this matter be sent over to the
E Manager, let them go through it, and they can come back at our next meeting and give us an
answer.
Mayor Clark: All right. Second? Any exception?
Commissioner Gort: Second.
Mayor Clark: Hearing none, cast a unanimous ballot.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-700
A MOTION REFERRING TO THE CITY MANAGER, FOR HIS REVIEW, A
DESIGN PROPOSAL SUBMITTED BY MR. DON DIGIACOMO, ENTITLED "NEW
BAYSIDE MARINA, CALLING FOR A NEW MOORING SYSTEM KNOWN AS
"HIGH-WATER,"; FURTHER DIRECTING THE MANAGER TO BRING SAID
ISSUE BACK AT THE NEXT COMMISSION MEETING PRESENTLY
SCHEDULED FOR OCTOBER 27, 1994.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. DiGiacomo: Thank you very much.
76 September 22, 1994
Flo
----------------------------------------------------------------------------------------------------------------
29. APPROPRIATE APPROXIMATELY $11,000 FOR THREE CONSULTANTS
FOR THE INTERNATIONAL TRADE BOARD: (a) ROBERTO BERRIOS,
ECONOMIC AND TRADE DATA ANALYST; (b) OMAR DIAZ-SALINERO,
GRANT SPECIALIST; AND (c) MILA CERVONE D'URSO,
INTERNATIONAL TRADE SPECIALIST -- TO PAY NECESSARY
PROFESSIONAL SERVICES FEES FOR BALANCE OF FY ENDING
SEPTEMBER 30, 1994.
Mayor Clark: Now, your pocket item, Mr. De Yurre.
Commissioner Plummer: I'm sorry, I don't have any. I feel neglected.
Commissioner De Yurre: Yes, Mr. Mayor. Well, I need approval on three of our consultants:
Robert Berrios, Omar D. Salinero and Mila Cervone, who were contracted, starting June 20th.
They received their $4,500 allotment, but need a little bit more to carry them till the end of the
fiscal year, which is...
Commissioner Plummer: Oh, no.
Commissioner De Yurre:... which is going to amount to about $11,000.
Commissioner Plummer: Oh, no. Uh-uh.
Mayor Clark: Who is this?
Commissioner De Yurre: Three of our consultants. We have the money identified in place from
our ITB (International Trade Board) budget. I so move.
Commissioner Plummer: Is this a magic carpet? I second.
Mayor Clark: No, it's a magic casket. It's a magic casket.
Commissioner Plummer: I second.
Vice Mayor Dawkins: What is it? A consultant for where?
Commissioner De Yurre: Our consultants at...
Vice Mayor Dawkins: Consultants where?
Commissioner De Yurre: At ITB.
Commissioner Plummer: The what?
Commissioner Gort: At ITB.
Vice Mayor Dawkins: And you need to do what with them?
Commissioner Plummer: Who?
77 September 22, 1994
Commissioner De Yurre: We need to pay the balance of the fiscal year till the end of the month.
Commissioner Plummer: Is that a final pay or a separation pay?
Commissioner De Yurre: No, no. That's just to finish the fiscal year.
Commissioner Plummer: Oh. Is it severance?
Commissioner De Yurre: Not quite.
Commissioner Plummer: Oh, OK.
Mayor Clark: What's the total amount, Victor?
Commissioner De Yurre: It's about $11,000.
Mayor Clark: How much?
Commissioner De Yurre: About $11,000.
Vice Mayor Dawkins: For the total, for all three of them?
Commissioner De Yurre: For all, for all three.
Mayor Clark: Is there a second?
Commissioner Plummer: Boy, that's a lot of money.
Mayor Clark: Is there a second?
Commissioner Plummer: I seconded it.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-701
A RESOLUTION AUTHORIZING THE TOTAL PAYMENT OF APPROXx",4Ki"P.LY
$11,000 TO THREE INTERNATIONAL TRADE BOARD CONSULTANTS, AS
HEREIN SPECIFIED, FOR THE BALANCE OF FISCAL YEAR ENDING
SEPTEMBER 30, 1994; ALLOCATING FUNDS THEREFOR FROM THE
INTERNATIONAL TRADE BOARD BUDGET.
78 September 22, 1994
(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.
--- ------------------------------------------------------------------------------------------------------------
30. DISCUSSION CONCERNING BAYFRONT PARK MANAGEMENT TRUST'S
OPPOSITION TO PROPOSED EXPANSION OF THE PORT OF MIAMI IN
BICENTENNIAL PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What else, Victor?
Commissioner De Yurre: No, that's it. I'm easy.
Mayor Clark: Mr. Dawkins?
Vice Mayor Dawkins: I got my pocket item, but I didn't know we'd be this far along, Mr.
Mayor. I'll have to bring them back.
Commissioner Plummer: I feel neglected. I don't have a pocket item.
Mayor Clark: I told you, we're going to start moving here.
Vice Mayor Dawkins: I'll have to bring them back, Mr. Mayor.
Mayor Clark: All right.
Vice Mayor Dawkins: They're in my office.
Mayor Clark: Then they'll be short pockets.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I have one, if I could.
Commissioner Plummer: You don't count. You don't get pocket items.
Vice Mayor Dawkins: I will give this one, Mr. Mayor, with your permission.
Mayor Clark: All right, let's.
79 September 22, 1994
Vice Mayor Dawkins: By a vote of five to one, the Bayfront Park Management Trust Executive
Committee strongly opposes the planned Port of Miami expansion in the Miami Bicentennial
Park, and they'd like to go on record as stating that. So.
Commissioner Gort: What?
Vice Mayor Dawkins: So I'll give this to...
Commissioner Plummer: The Bayfront Park.
Mayor Clark: That is noted.
Commissioner Plummer: Yes, sir.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. That's all.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
31. AUTHORIZED CITY ATTORNEY TO SOLICIT LAW FIRMS FOR
REQUESTS FOR QUALIFICATIONS IN ORDER TO ESTABLISH A BOND
COUNSEL REGISTER -- REQUEST CITY ATTORNEY TO COME BACK
WITH CRITERIA TO BE USED AS THE BASIS FOR FUTURE SELECTION
OF BOND COUNSEL.
Mayor Clark: Mr. Quinn Jones.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Mr. Mayor and Commissioners, I've had
several, several law firms that have expressed an interest of doing bond work for the City.
Approximately two years ago, the Commission passed a list... approved a list where we had
previously solicited firms that were qualified to do bond work. I would ask that you direct me to
go back out with another solicitation, in hopes of coming up with those firms that have indicated
that they are qualified, so that we can have a new list to work from.
Mayor Clark: So directed, so directed. Unanimous vote. Motion and a second.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-701.1
A MOTION AUTHORIZING THE CITY ATTORNEY TO SOLICIT LAW FIRMS TO
SUBMIT TO THEIR QUALIFICATIONS IN THE FIELD OF MUNICIPAL BONDS
TO SERVE THE CITY IN THE CAPACITY OF BOND COUNSEL AND IN ORDER
TO ESTABLISH A NEW BOND COUNSEL REGISTER.
80 September 22, 1994
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: Yes, sir. Well, Mr. Mayor, I would hope that you would come back to the
Commission and give us some criteria.
Mr. Jones: Mm-hmm.
Commissioner Plummer: In other words, what I'm saying is, for how long would that register exist?
OK? Is it a one-year register? Is it a two-year register? And I think those are the things that we need to
know when you go out, because we've been asked by a lot of firm that they would like to be, because
now Marty...
Mr. Jones: The new firm?
Commissioner Plummer: Yeah. Well, Marty is no longer there, and he was one of the firms on the list,
so I'm thinking that's what, of course, generated it. The whole firm blew apart. Yeah.
Mayor Clark: Gee. Bob Paul's did, too.
Commissioner Plummer: Yeah, yeah, a lot of them are.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
32. (A) (Continued) RECONSIDER DEFERRAL OF PROPOSED FIRST READING
ORDINANCE TO AMEND 11139 IN ORDER TO ESTABLISH A CAPITAL
IMPROVEMENT PROJECT: ADMINISTRATION BUILDING / GROUND
FLOOR ENCLOSURE. (See labels 18 & 35)
(B) ESTABLISH A BLACK SET -ASIDE FOR AFRICAN-AMERICAN
CONTRACTORS IN CONNECTION WITH THE ABOVE -PROPOSED
CAPITAL IMPROVEMENT PROJECT.
Mayor Clark: Willy, Mr. Gort, do you have a pocket item?
Commissioner Gort: Yes, sir.
Commissioner Plummer: Mr. Mayor, I think it is only fitting...
Mayor Clark: What is it?
Commissioner Gort: It's two things. I think Commissioner Dawkins is willing to bring back Item 15.
81 September 22, 1994
Vice Mayor Dawkins: Yeah, after lunch. Let me see.
Commissioner Gort: After lunch, OK.
Vice Mayor Dawkins: No. Commissioner Gort said he needs this. Go ahead. I don't... But I'll
trust his judgment.
Mayor Clark: What is it, Willy?
Commissioner Plummer: What?
Commissioner Gort: Well, it's the Administration building. One of the things we looked at
when I first came in here, that some improvements be made at the Administration building. My
understanding is that plans where they can enclose, and... for security purpose, and to get some
additional square footage in that building, they need to pass this motion here, 15.
Mr. Cesar Odio (City Manager): Well, let me explain. We have, Commissioner Dawkins, a
serious problem with the homeless moving in there at night.
Commissioner Plummer: Hal
Mr. Odio: Sometimes, employees come in, and they find people sleeping...
Vice Mayor Dawkins: I'll tell you what, I'm going to go vote for this, but let me give... I'll tell
you one thing, and if you can deny it, I'll kiss you.
Commissioner Plummer: You'll do what?
Vice Mayor Dawkins: Not one black contractor will have a prime contract on this. Not one.
Mr. Odio: Don't bet on it.
Vice Mayor Dawkins: All right. Not one.
Commissioner Plummer: Well, wait a minute, wait a minute. Mr. Dawkins, that's so easy to
take care of. Make it a set -aside.
Mr. Odio: That's fine. Make it a set -aside.
Commissioner Plummer: Make it a set -aside for a black contractor.
Mayor Clark: Make it a set -aside, and that's the end of that.
Vice Mayor Dawkins: That's Mr. Gort's...
Commissioner Plummer: That ends it.
Commissioner Gort: Go ahead.
Mr. Odio: Is that OF., Commissioner?
Commissioner Plummer: Yeah, that's fine.
A. Quinn Jones, III, Esq. (City Attorney): Well, as long as we have a motion to reconsider the item. You
never... Please, we need that.
82 September 22, 1994
Mayor Clark: Wait a minute. Is that that item we deferred?
Commissioner Gort: Yes, sir.
Commissioner Plummer: Yeah.
Mayor Clark: Motion to reconsider first is passed.
Vice Mayor Dawkins: Second.
Mayor Clark: All right. Now, consider that, and it's passed again. A set -aside. You got it.
Vice Mayor Dawkins: You got it. OK.
Mayor Clark: Moved by Mr....
Commissioner Gort:
Mayor Clark: Gort. Seconded by Mr. Dawkins.
Mr. Jones: What kind of set -aside?
Mayor Clark: Cast a unanimous ballot.
The following motions were introduced by Commissioner Gort, who moved their adoption:
MOTION NO. 94-702
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM 15 (FIRST
READING ORDINANCE TO AMEND ORDINANCE NO. 11139 AND ESTABLISH A
CAPITAL IMPROVEMENTS PROJECT ENTITLED "ADMINISTRATION
BUILDING/GROUND FLOOR ENCLOSURE").
[Note: This item was later passed on first reading.]
MOTION NO. 94-703
A MOTION ESTABLISHING A SET -ASIDE FOR AFRICAN AMERICAN CONTRACTORS
IN CONNECTION WITH THE PROPOSED CAPITAL IMPROVEMENTS PROJECT
ENTITLED "ADMINISTRATION BUILDING/GROUND FLOOR ENCLOSURE."
Upon being seconded by Vice Mayor Dawkins, the motions were passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
83 September 22, 1994
----------------------------------------------------------------------------------------------------------------
33. AUTHORIZE FUNDING FOR THE "KIDS FOR PEACE" PROGRAM IN
CONNECTION WITH A LOCAL CAMPAIGN DEVISED BY METRO-DADE
COUNTY, CITY OF MIAMI, AND CERTAIN COMMUNITY BASED
ORGANIZATIONS TO PROMOTE PEACE IN THE COMMUNITY --
ALLOCATE $14,850 FROM LETF, WITH THE PROVISO THAT SAID
MONIES BE SPENT WITHIN CITY OF MIAMI LIMITS.
Commissioner Gort: We got a pocket item.
Commissioner Plummer: OK.
Mayor Clark: What's the pocket item?
Commissioner Plummer: Mr. Mayor, not as a pocket item, but I think...
Mayor Clark: Please, he's got a pocket item.
Vice Mayor Dawkins: He yields to Mr. Gort, please.
Commissioner Plummer: Oh, you got a pocket? I'm sorry. Go, go.
Mayor Clark: Willy, come on.
Commissioner Gort: The program, the... You all have a copy of this. It was given to you all.
It's the... It's the... What is it?
Commissioner Plummer: What?
Commissioner Gort: The Kids for Peace Program. They're requesting...
Commissioner Plummer: The what program?
Commissioner Gort: The Kids for Peace Program, out of the Miami Police Academy.
Mayor Clark: What do you need?
Commissioner Gort: You have a copy of this. We need for approval.
Mayor Clark: What is the... Let me see it, Willy.
Commissioner Gort: To raise...
Commissioner Plummer: How much?
Commissioner Gort: You have a copy of this.
Commissioner Plummer: How much?
Commissioner Gort: It's being done at...
84 September 22, 1994
Commissioner Plummer: What is it for...
Commissioner Gort: Let's hear it for the Kids for Peace.
Mayor Clark: Fifteen thousand dollars.
Commissioner Plummer: And is it...
Mayor Clark: From the Law Enforcement Trust Fund.
Commissioner Plummer: Does it exist in the City? Has the Chief approved it?
Lt. Joseph Longueira: Yes, sir. The Chief's approved it, and we're recommending it.
Commissioner Plummer: Does this program exist in the City? Because I see this letter is from
Metro -Dade.
Commissioner Gort: Yeah, but I was asked by the City...
Lt. Longueira: As I understand, it's two schools in the...
Commissioner Plummer: Where are the schools located?
Lt. Longueira: Hold on.
Mayor Clark: Between 18th and 19th, on Chestnut.
Commissioner Plummer: On Chestnut.
Mayor Clark: They don't know that song.
Commissioner Plummer: Mr. Mayor, if you're...
Commissioner Gort: All of us get a chance to select kids and appoint kids in the different
schools.
Commissioner Plummer: Hey, you make the motion, I'll second it, with one proviso.
Lt. Longueira: The schools being...
Commissioner Plummer: That all of our monies must be spent in the City of Miami.
Commissioner Gort: Right.
Commissioner Plummer: OK?
Mayor Clark: Motion and a second. Cast a unanimous ballot.
85 September 22, 1994
N
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-704
A RESOLUTION AUTHORIZING FUNDING FOR THE "KIDS FOR PEACE"
PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $14,850,* FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NO. 69001, INDEX CODE 029002-247, SUCH COSTS HAVING BEEN CERTIFIED
BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
34. (A) EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND
FRIENDS OF MELVIN GREENBERG.
(B) EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND
FRIENDS OF VINCENT P. McGHEE.
(C) EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND
FRIENDS OF RICHARD E. ALBURY ("NASSAU DADDY
SHOESHINE MAN").
Commissioner Plummer: Mr. Mayor, mine is not a pocket motion, and I'm sure that you'll want
to vote for him, as well as others. I would like to proffer that this Commission go on record of
expressing our condolences to Mel Greenberg, who passed away just recently, and I would offer
that one first, Mr. Mayor.
Mayor Clark: Cast a unanimous ballot.
Mr. Cesar Odio (City Manager): Could you add Vince McGhee?
Mayor Clark: Now Mr. McGhee.
Commissioner Plummer: And likewise, Mr. McGhee. And Mr. Mayor, a gentleman that you
may not know, but was very friendly to a lot of us in Coconut Grove. He was referred to
commonly as "Nassau."
86 September 22, 1994
2
W
Mayor Clark: Yes.
Commissioner Plummer: His name is Richard Albury. The man shined shoes to put three kids
through college. His funeral is this Saturday. I would ask that we issue condolences to that
family, likewise...
Mayor Clark: Moved and seconded.
Commissioner Plummer: ... and it be prepared prior to Saturday, so I can present it to the family
at the funeral.
Mayor Clark: All right. Mr. Attorney, you got it?
Vice Mayor Dawkins: So moved - second.
The following resolutions were introduced by Commissioner Plummer, who moved their
adoption:
RESOLUTION NO. 94-705
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF MELVIN
GREENBERG, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 94-705.1
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF VINCENT P.
McGHEE, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO.94-705.2
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF RICHARD E.
ALBURY, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
87 September 22, 1994
}
W
Upon being seconded by Vice Mayor Dawkins, the resolutions were passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
35. (Continued) FIRST READING ORDINANCE: AMEND 111.39, BY
ESTABLISHING APPROPRIATIONS ($288,300) FOR A CAPITAL
IMPROVEMENT PROJECT: ADMINISTRATION BUILDING J GROUND
FLOOR ENCLOSURE (CIP 311032), AS PREVIOUSLY MODIFIED BY THE
CITY COMMISSION, TO INCLUDE A SET -ASIDE FOR AFRICAN-
AMERICAN CONTRACTORS. (See labels 18 & 32)
A. Quinn Jones, III, Esq. (City Attorney): One item, Mr. Mayor. An oversight on item 15. I
need to read the ordinance.
Vice Mayor Dawkins: OK.
Mayor Clark: Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11139, ADOPTED APRIL 14,
1994, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING APPROPRIATIONS FOR A CAPITAL IMPROVEMENT
PROJECT ENTITLED "ADMINISTRATION BUILDINGJGROUND FLOOR
ENCLOSURE", PROJECT NO. 311032, IN THE AMOUNT OF $288,300;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Vice Mayor Dawkins 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.
88 September 22, 1994
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 10:51 A.M. AND RECONVENED AT 4:05 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPT COMMISSIONER WIFREDO GORT, FOUND TO BE
PRESENT.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of September, 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 4:05 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
ABSENT:
A. Quinn Jones, III, City Attorney
Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Wifredo Gort
Cesar Odio, City Manager
89 September 22, 1994
----------------------------------------------------------------------------------------------------------------
36. AFFIRM ZONING BOARD'S DECISION IN GRANTING VARIANCE FROM
11000 TO WAIVE FOUR OF SEVEN REQUIRED OFF-STREET PARKING
SPACES IN CONNECTION WITH PROPOSED HEALTH CLINIC AT 3080
W. FLAGLER STREET -- ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, WITH TIME LIMITATION ON PULLING OF BUILDING
PERMIT, AND CONDITIONED UPON A COVENANT. (Applicant: West Pain
Care Center, Inc. Appellant: City of Miami.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Good afternoon, ladies and gentlemen.
Commissioner Plummer: What are you doing, now?
Mayor Clark: We're on item PZ-1?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Mayor Clark: Would you, please.
Ms. Lourdes Slazyk: Good afternoon.
Mayor Clark: For these wonderful people, identify yourself. They'd like to know who you are.
Ms. Slazyk: Yes. My name is Lourdes Slazyk, from the Planning, Building and Zoning
Department. PZ-1 and 2 are companion items which are requesting a parking variance and a
special exception for a clinic.
Mayor Clark: Leo. Leo. Yes, ma'am.
Ms. Slazyk: OK. For a clinic use at 3080 West Flagler. The Zoning Board recommend
approval of the items with the condition that a covenant be recorded which assures that the type
of clinic be limited to an acupuncture clinic. The reason they did this was because that specific
type of use, clinic use, has a parking impact - less of a parking impact - than a regular clinic use.
That covenant was submitted and recorded by the applicant. The Planning, Building and Zoning
Department is recommending approval, with the additional condition that the applicant submit a
scheduling and parking policy that would be attached to the resolution, to assure that their
scheduling in parking aren't conflictive, and won't have an adverse impact on the neighborhood.
Vice Mayor Dawkins: Just a minute. You said PZ-1?
Mayor Clark: PZ-1.
Mr. Slazyk: PZs 1 and 2 are companion items.
Vice Mayor Dawkins: OK. But my fact sheet on PZ-1 says Planning Board and Zoning
recommends denial.
Ms. Slazyk: The Planning, Building and Zoning Department recommended denial of the
original variance. The Zoning Board recommended approval, with the condition that this
covenant be recorded. With the covenant, our recommendation is for approval, with an
90 September 22, 1994
f
additional condition that a scheduling and parking policy also be submitted, to make sure that the
parking impact...
Commissioner Plummer: I thought we changed that.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, I thought we had changed that, that, you know, when you
have it here on an agenda, and people look at an agenda, they expect a denial from the staff. It
was my understanding that when these matters were going to come before us, if there was a
change, that it would be reflected here.
Mr. Rodriguez: The problem is that sometimes, we don't have the information on the covenant
or any last minute details.
Commissioner Plummer: That's why we have supplementals. That's why we have a briefing
session. I think it's... It gives a wrong impression.
Mr. Rodriguez: OK. If... Excuse me. If you look at the memo on PZ-2, I believe that we're
addressing that issue.
Commissioner Plummer: You're correct, over here. But here, it's not.
Mayor Clark: All right. Who is the applicant on this item? Who represents them?
Ms. Vicky Leiva, Esq.: Good afternoon, Mayor and Commissioners. My name is Vicky Leiva,
with legal offices at 701 Brickell Avenue. The applicant on this matter is West Flagler Pain Care
Center, and it's being represented here by Marty Cohen...
Commissioner Plummer: May I stop you for one moment? Are there any objectors here?
Mayor Clark: Are there objectors present on this item?
Ms. Leiva: These objectors are not on this item, sir. There is no...
Mayor Clark: Are there any objectors present?
Commissioner Plummer: Are there any objectors here on this item? Let the...
Mayor Clark: Are there persons... Is there opposition on this item?
Commissioner Plummer: I move item PZ-1.
Mr. Joel Maxwell, Esq. (Assistant City Attorney): Are you moving...
Mayor Clark: Is there a second?
Mr. Maxwell: Mr. Plummer and Mr. Mayor...
Mayor Clark: As amended.
Commissioner Plummer: As amended, of course.
Mr. Maxwell: So that would be a motion affirming the decision of the Zoning Board, as
amended.
91 September 22, 1994
W
ra
Mayor Clark: Wait, just... Before you do that, J.L., I'd like to have a little more information on
it before you...
Commissioner Plummer: Oh, I'm sorry, sir. I just...
Mayor Clark: Please continue.
Ms. Leiva: Basically, we are asking for a variance for parking on the property, and a special
exception to run an acupuncture clinic. We have made a presentation before the Zoning Board
where both of these items were unanimously approved. We are willing to accept the condition
of the scheduling policy that the Department is requesting. I'm available to answer any
questions that you have. I know you have a heavy agenda, so if there's no questions, I would...
Mayor Clark: Do you have any questions?
Ms. Leiva: ... request approval of these items.
Mayor Clark: Is this right across the street from St. Michael's Church?
Ms. Leiva: No, sir, it's further down, further west.
Mayor Clark: OK. Any further discussions? We'll close the hearing.
Commissioner Plummer: Move PZ-1.
Mayor Clark: Moved by Mr. Plummer. Second?
Mr. Maxwell: This is a resolution affirming the decision of the Zoning Board, and granting the
variance.
Mayor Clark: As amended, yes.
Commissioner Plummer: Exactly, exactly what I said.
Mayor Clark: All right. Is there a second? Victor, do you second? All right. Moved and
seconded. Call the roll, Madam Clerk.
92 September 22, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-706
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO WAIVE FOUR
(4) OF THE SEVEN (7) OFFSTREET PARKING SPACES REQUIRED FOR A
PROPOSAL HEALTH CLINIC TO BE LOCATED AT 3080 WEST FLAGLER
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, PER PLANS ON
FILE, SUBJECT TO: (1) A TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED; AND (2) A PATIENT
SCHEDULING POLICY ACCEPTABLE TO THE DEPARTMENT OF PLANNING,
BUILDING AND ZONING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
NAYS:
ABSENT:
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Wifredo Gort
93 September 22, 1994
t0
----------------------------------------------------------------------------------------------------------------
37. AFFIRM ZONING BOARD'S DECISION IN GRANTING SPECIAL
EXCEPTION TO ALLOW A HEALTH CLINIC AT 3080 W. FLAGLER
STREET -- ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL —SUBJECT TO PROVISOS. (Applicant: West Flagler Pain
Care, Inc.)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move... This is a companion item, Item 2.
Mayor Clark: PZ-2 is a companion item to it.
Mr. Joel Maxwell (Assistant City Attorney): It would also be affirming the decision of the
Zoning Board and granting the special exception.
Mayor Clark: With conditions.
Mr. Sergio Rodriguez (Assistant City Manager): With conditions.
Mr. Maxwell: With conditions, that's correct.
Commissioner Plummer: Exactly what I said.
Mayor Clark: Second, Mr. De Yurre? All right. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-707
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL
USES, TO ALLOW A HEALTH CLINIC AT 3080 WEST FLAGLER STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, AS PER PLANS ON FILE,
SUBJECT TO: (1) A TIME LIMITATION OF TWELVE (12) MONTHS WHICH A
BUILDING PERMIT MUST BE OBTAINED; AND (2) A PATIENT SCHEDULING
POLICY ACCEPTABLE TO THE DEPARTMENT OF PLANNING, BUILDING AND
ZONING.
94 September 22, 1994
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: Commissioner Wifredo Gort
Mayor Clark: Thank you, ma'am.
Ms. Leiva: Thank you.
----- ----------------------------------------------------------------------------------------------------------
38. GRANT APPEAL AND REVERSE ZONING BOARD'S DECISION WHICH
UPHELD ZONING ADMINISTRATOR'S INTERPRETATION (DATED MAY
4, 1994), IN WHICH HE DENIED A LEGAL NONCONFORMING USE FOR
A BAIL BOND OFFICE AT 1600 N.W. NORTH RIVER DRIVE -- ZONED R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL -- SUBJECT TO
!' PROVISOS. (Applicant: F.R.B. Corp., c/o Rolando Barrero. Appellant: Charles
J. Flowers.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-3. All right.
Mr. Charles F. Flowers: Good afternoon, Mayor and Commissioners. My name is Charles J.
Flowers.
Mayor Clark: Wait, just a moment, please. Let's have a presentation here. Have a seat there,
Mr. Flowers, just a moment. Is she going to present this now?
Mr. Sergio Rodriguez (Assistant City Manager): Let me get Mr. Gonzalez to explain exactly the
item that is before you.
[NOTE: Commissioner Gort entered the Commission Chamber at
4:18 p.m.
Mr. Juan Gonzalez: Mr. Mayor and members of the Commission...
Commissioner De Yurre: Before you get started, just for the record, I need an opinion from the
City Attorney. Rolando Barrero, who appears as the owner, has been a client of mine on certain
transactions.
95 September 22, 1994
Mr. Joel Maxwell, Esq. (Assistant City Attorney): It would be...
Commissioner De Yurre: This is not one of them, but I just need to get an opinion from you on
this.
Mr. Maxwell: I would recommend that you abstain, sir.
Commissioner De Yurre: OK. Well, I'll take a walk. I'll be back in about - what? - a half hour
or so?
Commissioner Plummer: More or less. Mr. City Attorney, don't worry about it. He's not a
client of mine.
Mr. Maxwell: Yet.
Mayor Clark: All right.
Mr. Gonzalez: Mr. Mayor and members of the Commission, Juan Gonzalez, Planning, Building
and Zoning, acting Zoning Administrator. The case you're about to hear is an appeal from the
decision of the Zoning Board in reference to a determination of the Zoning... acting Zoning
Administrator of whether this use is legal nonconforming. The reason is, back in approximately
April of '94, there was several... One gentleman was denied the right to come in as a bail
bondsman, because there was not an appropriate zoning. He went out, basically, in the Little
Havana and Allapattah area and turned in a whole list to each NET (Neighborhood Enhancement
Team) office of supposedly legal bail bondsmen. The NET inspectors for each district went out,
cited a whole bunch of establishments. Some were taken to Code Enforcement, some complied,
some were grandfathered in. Mr. Flowers came. What the story, in a nutshell, is he's currently
in a residential zoning. We looked back... To be declared a legal nonconforming use, you have
to have some sort of legal record that you were there legally, and that is not actual possession of
the property, but that you had some sort of occupational license or certificate of use. We could
find no occupational license, or certificate of use for the use of bail bondsman at that location.
And basically, we cannot declare him a legal nonconforming use because of absence of those
two paperworks. And that is his appeal of the decision of the Zoning Board, that upheld the
Administrator's decision that he cannot be a legal nonconforming, because there was no legal
status on that particular area now.
Mayor Clark: He was... Did you have a trial on this? You were talking about a case here?
Mr. Gonzalez: There was a Code Enforcement case taken by the Allapattah NET inspector, in
front of the Code Enforcement.
Vice Mayor Dawkins: And all of the businesses that were grandfathered in, none of them were
like this one?
Mr. Gonzalez: Is that a question, sir?
Vice Mayor Dawkins: Yes.
Mr. Gonzalez: Well, the ones that were grandfathered in were either... had a certificate of use or
an occupational license establishing that they were there prior to any change of any ordinance
that would make them illegal.
Vice Mayor Dawkins: OK. When was the zoning change made?
96 September 22, 1994
Mr. Gonzalez: Basically, the ordinance that would not allow bail bondsmen was changed in
approximately 1985, under 95...
Vice Mayor Dawkins: 1985.
Mr. Gonzalez: ... 9500, correct.
Vice Mayor Dawkins: And when did this gentleman occupy the building that he's in, what year?
Mr. Gonzalez: According to Mr. Flowers, I believe - and he could correct me if I'm wrong - in
1982.
Vice Mayor Dawkins: So if it was changed in '85, he was there in '82.
Mr. Gonzalez: That is correct. Even though he had physical possession of the property, our
problem is, when you look back to determine if it's a legal - the word is "legal" nonconforming -
is that he had to have prior... prior.... that the City had to recognize that prior tenancy by either an
occupational license or a certificate of use, and he had neither since 1982, when he occupied this
site.
Vice Mayor Dawkins: Well, in '82, when he moved in, did the City take it upon themselves to
go and inform him that he had to meet these regulations, in order to be legal and conforming?
Mr. Gonzalez: Mr. Flowers, when he gives his presentation, he can... He does have a...
Vice Mayor Dawkins: No, I don't... Mr. Flowers doesn't work for me.
Mr. Gonzalez: The question to that is, they're... All tenants are responsible to come in for a
certificate of use. Once he would have done that for an occupational license, he would have
been informed, obviously, in 1982, that there was a possibility of getting a CU (certificate of
use) and an occupational license. Any time after '85, the answer was no.
Mayor Clark: All right. We've had enough information. Let's hear from Mr. Flowers.
Vice Mayor Dawkins: Thank you, Mr. Mayor.
Mayor Clark: For the record, your name and address, please.
Mr. Flowers: Good afternoon, again, Mayor and Commissioners. My name is Charles J.
Flowers. I reside at 1000 Northwest North River Drive, Spring Garden. My business location is
1600 Northwest North River Drive. That area is next to the Shriner building, and next to the
Mason building, as you come off of 17th Avenue north, making a right turn. Sir, I've been there
in that building since 1968. I opened an office there, and my wife and I moved to a different
location, Spring Garden, in 1982. I have shown the City license from the State, the lease from
the owner for many years. I thought that if you were there, to my knowledge, if you were there
before the law changed, you should have been grandfathered in, and on those basis is why I filed
the appeal. The office that is there, my wife runs the office now. It's a very small office. If you
took a tally of every person who lives there and asked was there a bail bondsman office in that
building, they would say no, because it is a very small office that we've had all these years.
Mayor Clark: Wait a minute. Do we have objectors on this item that want to appear today? Do
we have... What's the pleasure of the Commission?
Commissioner Plummer: Are you willing to pay the back occupational licenses that you haven't
had since '82?
97 September 22, 1994
Mr. Flowers: Yes, sir, but the thing is that when I moved from...
Mayor Clark: No, that's one question.
Commissioner Plummer: OK.
Mayor Clark: Do I have a motion?
Commissioner Plummer: There's no objectors, Mr. Mayor. I'm willing to move it if he's
willing to pay what he should have paid since back in '82. 1 think he should have, and that's fine
with me. Let him go ahead and proceed. But he must pay all of the back, and he must go in now
for a CU and an occupational license from here forward.
Mr. Flowers: What we have here is, I moved from one address in 1982, where I had my license,
and it was transferred to that address, sir.
Commissioner Plummer: Sir, your state license is not your City...
Mr. Flowers: No, no, sir. I had a County - I mean City occupational license at 1650 Northwest
35th Street.
Commissioner Plummer: Since 1982?
Mr. Flowers: Yes, sir.
Commissioner Plummer: That's not what I understood.
Mr. Flowers: Well, because they could not find it, sir. I went there several times. I went
downstairs on the first floor...
Commissioner Plummer: Well, simply, do you have a copy of it?
Mr. Flowers: No, sir, I do not have a copy of that. No, sir.
Commissioner Plummer: Do you have a cancelled check where you paid them?
Mr. Gonzalez: Commissioner, maybe to clarify something, real quick. He did have an
occupational license at another location, but not at this location.
Commissioner Plummer: But he is saying he's been at this location since '82. That's my
question.
Mr. Gonzalez: Correct, correct, but without an occupational license.
Commissioner Plummer: Well, you...
Commissioner Gort: But he's been paying...
Commissioner Plummer: Look, all I'm saying is very simple.
Mayor Clark: It's very simple, is right.
98 September 22, 1994
f
Commissioner Plummer: If he owes back to '82, then he's got to pay up to '82. And then he's
got to qualify, and like everybody else, now, and get a CU and an occupational license now.
That's all.
Mayor Clark: Do you have a motion?
Commissioner Plummer: I move it.
Commissioner Gort: Second.
Mayor Clark: With those restrictions.
Commissioner Plummer: I'm accepting under those terms and conditions.
Mayor Clark: Call the roll, Madam Clerk.
Mr. Maxwell: This will be a resolution granting the appeal and reversing the decision of the
Zoning Board.
Mayor Clark: That's right.
Commissioner Plummer: That's exactly what I said.
Mayor Clark: With those restrictions. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-708
A RESOLUTION GRANTING AN APPEAL FROM, AND REVERSING THE
DECISION OF THE ZONING BOARD TO UPHOLD THE ZONING
ADMINSTRATOR'S INTERPRETATION DATED MAY 4, 1994, IN WHICH HE
DENIED A LEGAL NONCONFORMING USE FOR A BAIL BOND OFFICE
LOCATED AT 1600 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA,
ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL (MORE THE
FOLLOWING: (1) THE PAYMENT OF ALL DELINQUENT OCCUPATIONAL
LICENSE AND CERTIFICATE OF USE FEES; AND (2) APPLICANT SHALL
OBTAIN A CURRENT OCCUPATIONAL LICENSE AND CERTIFICATE OF USE
UPON PROPER APPLICATION BY APPLICANT.
99 September 22, 1994
e
(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: None.
ABSTAINED: Commissioner Victor De Yurre
Mayor Clark: Thank you, sir.
Mr. Flowers: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
39. REVERSE ZONING BOARD'S DECISION AND GRANT VARIANCE FROM
ORDINANCE 11000 (LIMITATION OF LOCATION AND EXTENSION OF
DOCKS AND PIERS IN RESIDENTIAL DISTRICTS) TO PERMIT AN
EXISTING DOCK WITH A LESSER SIDE SETBACK THAN REQUIRED,
FOR A SINGLE FAMILY RESIDENCE AT 1771 FAIRHAVEN PLACE.
(Applicant / Appellant: KRO, Inc.)
Mayor Clark: PZ-4.
Ms. Lourdes Slazyk: PZ-4 is an appeal of a variance that was denied by the Zoning Board for a
dock with a side setback of five feet where ten feet were required in a single-family residence.
The Planning, Building and Zoning Department recommendation is for denial. There is no
hardship for the setback. A reasonable sized dock could have been built with the setback
requirements, and there's no... You know, this was an after -the -fact variance request.
Mayor Clark: How long... How old is the building? How long has the building been there?
Ms. Slazyk: It was just built, and they had come in and applied, from what I... I understand
from the Coconut Grove NET (Neighborhood Enhancement Team) office, they applied for a
Public Works permit, which is what's required for the dock, but they built it before they got their
approval. Public Works ultimately denied it, because it didn't meet the setbacks, and sent them
to Zoning. By that time, it was built, and they're here for an after -the -fact variance.
Mayor Clark: All right. Applicant? For the record.
Mr. Tony O'Donnell: For the record, Mr. Mayor and members of the Commission, my name is
Tony O'Donnell, with law offices at 701 Brickell Avenue. I'm here today representing the
appellant/owner, KRO, Inc., which is a family -owned business.
100 September 22, 1994
Commissioner De Yurre: Excuse me, Tony, for a second.
Mr. O'Donnell: Yes.
Commissioner De Yurre: Mr. City Attorney, I need another opinion from you.
Mr. Joel Maxwell: Yes, sir.
Mayor Clark: Why don't you take a vacation.
Commissioner De Yurre: Well, what can I say?
Commissioner Plummer: We'll see you in October.
Commissioner De Yurre: Tony is a partner at Baker and McKenzie.
Mr. O'Donnell: Of counsel, of counsel.
Commissioner De Yurre: Of counsel. OK. He's of counsel. I rent space from Baker and
McKenzie on the same floor. I just want to make sure of that.
Mayor Clark: You better get out, Victor.
Mr. Maxwell: Not with the same firm?
Commissioner De Yurre: No.
Mr. Maxwell: You just happen to occupy the same...
Commissioner De Yurre: Correct.
Mr. Maxwell: I don't believe you have a conflict there, sir.
Commissioner De Yurre: OK.
Mayor Clark: All right. Let's move. You better come in waving a flag. Surrender.
Commissioner De Yurre: Wait till next one.
Mayor Clark: Yes, sir.
Mr. O'Donnell: Also with me today is Chris Korge, who's representing Roberto Kosnitzky, who
is one of the family members that owns the company. They purchased the property on Fairhaven
and built a home there. Originally, they had planned to have two separate lots with two separate
docks on the facility, and it was for those separate docks that they pulled permits and they later
put the two lots together by unity of title. And so the total dock that we're here today on is one
that covers the entire frontage along that waterway. Basically, the dock was designed by our
contractor, Mr. Bunnell, on the basis of the Dade County Department of Environmental
Resource Management setback requirements. It is a ten -foot wide dock. In other words, it's on
top of the bulkhead, and it goes out over the waterway only five feet. Based on DERM
requirements and the formula of DERM, which the site plan was approved, there would be a
five-foot setback on both ends of the dock, five feet from the property line on both ends. At that
time, it was their understanding - incorrect, it was a mistake - that that five-foot setback did also
101 September 22, 1994
O IO
conform to the building setback of the house that was being built there, and all other setbacks in
the neighborhood. And when you look at the pictures which we have placed into the record of
the waterway itself, there is no dock that has a greater setback than five feet, and most of them
have no setbacks along that waterway. So when... There was nothing to give them notice that
the five feet, which was the DERM requirement, and also the building requirement, and also how
everyone else built the docks there, would not be appropriate. The dock was built, and as soon
as they told us what we... we had to come for a variance, we applied for the variance. The
Zoning Board tied, tie vote, four to four. And we're here today to just, you know, three things.
One, it was a good faith mistake. Mr. Kosnitzky, the owner of the property, had absolutely
nothing to do with it. It wasn't something that, whether it was five feet or ten feet, was that
important, one way or the other. But now that it's been built that way, it's very expensive to
correct. Secondly, it has no adverse impact on the waterway, in terms of going out into the
waterway or any other property. It's just like every other dock - or better - that's in the area.
And so without that adverse impact, you have to weigh the harm to be done to him by not having
this variance granted for a dock which is really conforming to every other dock in the area.
Weigh that individual harm by any public good that would be served by removing the two ends
of that dock.
Mayor Clark: Other than the City of Miami, do we have objectors present on this item?
Objectors present?
Mr. O'Donnell: No, we had no objectors before.
Commissioner Plummer: Let me understand. You're saying if this was the property line here.
Mr. O'Donnell: Yeah.
Commissioner Plummer: OK? That at five feet from here and five feet from here is the
problem?
Mr. O'Donnell: There's a... We have a five-foot setback here, and a five-foot setback here. The
Code under Public Works requires ten for residential areas.
Commissioner Gort: Ten instead of five.
Commissioner Plummer: Uh-huh.
Mr. O'Donnell: But the way they compute it for DERM...
Mr. Maxwell: Excuse me. Mr. O'Donnell, you must be on the record.
Commissioner Plummer: Well, Mr. Mayor, if there's no one here objecting...
Mayor Clark: I'm going to close the public hearing. Do you have a motion?
Commissioner Plummer: Yeah. I'll move it. I mean, if no one is here... feels that they're being
offended by this, I move it.
Mayor Clark: Tied the Zoning Board, four to four. Second, is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
102 September 22, 1994
Mr. Maxwell: This would be reversing the decision...
Commissioner Plummer: That's exactly what I said.
Mr. Maxwell: ... of the Zoning Board, and granting the variance.
Mayor Clark: All right.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-709
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9,
SECTION 924.1.3, LIMITATION OF LOCATION AND EXTENSION OF DOCKS
AND PIERS IN RESIDENTIAL DISTRICTS, TO PERMIT AN EXISTING DOCK
WITH A SIDE SETBACK OF 5'0" (10'-0" REQUIRED) FOR A SINGLE FAMILY
RESIDENCE LOCATED AT 1771 FAIRHAVEN PLACE, MIAMI, FLORIDA;
ZONED R-1 SINGLE FAMILY RESIDENTIAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
Mayor Clark: Thank you, sir.
Mr. O'Donnell: Thank you very much.
------------------------------------------------------------------•----------------------------------------------
40. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 3629 N.W. 20 COURT
FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL (Applicant: Ameriland Enterprises, Inc.).
----------------------------------------------------------------------------- -
Mayor Clark: PZ-5. Let's set a record here today, J.L.
Commissioner Plummer: I'm sorry?
Mayor Clark: Let's set a record.
103 September 22, 1994
Commissioner Plummer: Won't hurt my feelings.
Mayor Clark: Yes, sir, go ahead.
Mr. Roberto Lavernia: For the record, Roberto Lavernia, Planning, Building and Zoning
Department. PZ-S and PZ-6 are companion items. One is for the petition for land use change,
and the other one, for petition for the zoning change.
Mayor Clark: Planning Department recommends approval?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Mayor Clark: The public hearing is closed.
Commissioner Plummer: Well, wait. All right. A question here. In my notes, it says here that
the Zoning Board denied, but requested the Planning Division to study the two block area to see
if uniform change would be appropriate, rather than as a piecemeal. Now, normally, when we're
doing a study, everything is held in abeyance until that study is completed. Is that being done or
not?
Mr. Rodriguez: Right. No, the Planning Board recommended denial. They recommend to you.
The Zoning Board recommended approval, and they asked us to do a study of the area. You can
make a decision if you feel that you have the reasons to make it now independent of that, and
then affect other sites in the area in the future...
Commissioner Plummer: What do you recommend, sir?
Mr. Rodriguez: We recommend approval.
Commissioner Plummer: All right. But what about the study, is what I'm asking?
Mr. Rodriguez: We're going to undertake the study, and look at the area to see either other
properties that also should be changed...
Mayor Clark: At least something's moving. Mr. Gort, you have the floor.
Commissioner Gort: Yes. When I was on the Planning Board, this is one area that kept coming
in front of us. And we've always been asking the Planning Department to go ahead and do a
study of the area, because as you can see, the line right across from this property is already zoned
C-2. So that's one of the things that we recommended. Hardly, you can see any residential use
in there. The residential use continues to diminish in that area. I would be in favor of this one.
Mayor Clark: Is there a motion?
Commissioner Gort: I'll move it.
Commissioner Plummer: Second. Wait, wait. Excuse me, are there any objectors?
Mayor Clark: I asked for objectors. Do you have an objection, sir?
Commissioner Plummer: I'm sorry.
Mr. Luis Padron: No, I... my name is Luis Padron. I have offices at 28 West Flagler Street, suite
305. I represent Ameriland Enterprises. They are the...
104 September 22, 1994
OWN
Commissioner Gort: Great presentation.
Mr. Padron: ... applicants.
Commissioner Plummer: Yeah. Thank you for being brief.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3629 NORTHWEST 20TH COURT, MIAMI, FLORIDA BY
CHANGING THE LAND USE DESIGNATION FROM MULTI -FAMILY MEDIUM
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort and seconded by Commissioner Plummer and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 3629 N.W. 20 COURT FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL
(Applicant: Ameriland Enterprises, Inc.).
Commissioner Plummer: Six is a companion.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Clark: PZ-6, the next item, is a companion item. Moved by Mr. Plummer, seconded by
Mr. Gort. Call the roll.
105 September 22, 1994
Commissioner Plummer: Read the ordinance, Mr. Mayor.
Mr. Joel Maxwell (Assistant City Attorney): An ordinance amending... Mr. Mayor, on this one,
the effective date should be the same as the companion comp plan.
Mayor Clark: All right. Very good. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL FOR THE PROPERTY LOCATED AT 3629 NORTHWEST 20TH
COURT, MIAMI, FLORIDA; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Plummer and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
106 September 22, 1994
r r'sa'1
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42. (A)DENY APPEAL, AFFIRM ZONING BOARD'S DECISION WHICH
UPHELD ZONING ADMINISTRATOR'S INTERPRETATION (DATED
MAY 26, 1994) APPROVING AN AMUSEMENT CENTER USE FOR
PROPERTY AT 2895 McFARLANE ROAD, WITH CONDITIONS.
(Applicant: T.S.T. Florida Partners. Appellant: Stephen Helfman, Esq. & W.
Tucker Gibbs, Esq.)
(B)DENY APPEAL AND AFFIRM ZONING BOARD'S DECISION, WHICH
AFFIRMED ISSUANCE OF CLASS II SPECIAL PERMIT (APPLICATION
NO. 94-2523), WITH CONDITIONS, BY PLANNING, BUILDING &
ZONING DEPARTMENT DIRECTOR, FOR EXTERIOR
CONFIGURATION OF A RECREATIONAL ESTABLISHMENT AT 2895
McFARLANE ROAD. (Applicant: T.S.T. Florida Partners. Appellant:
Stephen Helfman, Esq. & W. Tucker Gibbs, Esq.)
Mayor Clark: Item number 7, PZ-7.
Commissioner Plummer: Seven and eight are companions, Mr. Mayor.
Mr. Juan Gonzalez: Mr. Mayor and members of the Commission, Juan Gonzalez, Planning,
Building and Zoning, acting Zoning Administrator. Item 7 and 8... 8 is a companion item. Item
number 7 is an appeal of the Zoning Board's decision to uphold the Zoning Administrator's
interpretation of whether a laser tag type game is allowed in the SD-2 zoning designation which
is downtown Coconut Grove. Basically, to give you a quick rundown on what happened, there
was a permit issued on the... for what they call a Q-ZAR which is a type of game room which is
a laser tag type of play which will also include game machines and so forth. After the permit
was issued, the private party appealed plus the Coconut Grove Civic Association appealed the
interpretation of the Zoning Administrator of whether this type of use is allowed in the
downtown Coconut Grove area. The answer was, of course, that it was because we have under
the permitted principal uses... under the SD-2 which is the underlying zoning district in that
particular area, we allow commercial recreational establishments such as pool hall, billiard
parlors, and game rooms. It is the opinion of the Zoning Administrator that the laser tag is no
other... it's a 21st century version of the game room. This, the appeal you are about to hear
today, is from the opposing counsels stating their point of view, why the Zoning Administrator
erred, and why the zoning... you should reverse the decision of the Zoning Board. If there is any
questions, I'm here. Our recommendation is to uphold the decision of the Zoning Board
upholding the decision of the Zoning Administrator.
Commissioner Plummer: I have a question not of you, but of the City Attorney.
Mayor Clark: All right.
Commissioner Plummer: My understanding... the appeal is taken predicated on that it is not a
permitted use. Is that correct? Now. Then the City Attorney has got to answer for me, is it a
permitted use, or is it not? If it's not a permitted use, then why is it here?
Mr. Joel Maxwell (Assistant City Attorney): That is a question that staff should answer, sir. The
Zoning Administrator makes those determinations, and he's made that determination...
Commissioner Plummer: Well...
107 September 22, 1994
Mr. Maxwell: ... and he should answer on the record what it is.
Commissioner Plummer: ...I thought it was... when you file a lawsuit, or you file an appeal by
an attorney, I just thought that we turn to the City Attorney.
Mr. Sergio Rodriguez (Assistant City Manager): Commissioner, if I may? The Zoning
Administrator established that the use is permitted. Under the ordinance, when there is a
question whether the use is permitted or not, they can appeal that decision from the Zoning
Administrator to the Zoning Board, and then the decision from the Zoning Board can be
appealed to the City Commission.
Commissioner Plummer: So, in other words...
Mr. Rodriguez: That's why it is before you, so you can establish today whether the use is...
Commissioner Plummer: You are saying it's silent, and it doesn't spell it out clear enough? Is
that what you are saying?
Mr. Rodriguez: No, there is an interpretation, and they can appeal that interpretation of the
Zoning Administrator because everything is, basically, appealable to you before it goes to court.
Commissioner Plummer: OK.
Mr. Maxwell: Basically, if someone disagrees with what the zoning ordinance says, they can ask
the Zoning Administrator for an interpretation, and then it goes through the three steps process
all the way to this board. And that's what occurred here.
Mayor Clark: All right, fine. Let's hear from the people there. They are appealing the
administrative's decision, is that right?
Mr. Rodriguez: Right. That's item number PZ-7. And let me, if you don't mind, item PZ-8 so
we can have the appeal that it has of the decision of the Planning Director in relation to the class
two on the same site.
Ms. Lourdes Slazyk: Right. On the exact same site, just so that you hear the background on the
whole thing first, PZ-8 is an appeal of a class two that was issued by the Planning Director.
Again, the adjacent property owners and the Civic Club appealed the class two permit to the
Zoning Board. The Zoning Board upheld the class two and they appealed it before you. The
class two involved the exterior renovations that were being made to the exact same business. On
June 3rd, an intended decision was issued on this class two that requested some modifications to
the originally submitted plans to make them more appropriate for the Coconut Grove district.
On June 9th, the revised plans were submitted, and the final decision of approval was issued by
the Planning Director per the revised plans on file for the same location that the use is being
questioned.
Mayor Clark: All right. Yes, sir, your name for the record?
Commissioner Plummer: Mr. Mayor, if I may? Let me understand. This second appeal, you are
telling me, is predicated on the color that they painted the building?
Mr. Rodriguez: Basically, the way...
Commissioner Plummer: I mean, am I hearing correctly? That that's the second appeal, it's
because of the color?
108 September 22, 1994
Ms. Slazyk: Well, the second... the class two permit was for a design review. The use is... was
permitted.
Mr. Rodriguez: Right.
Ms. Slazyk: Zoning had signed off that the use was permitted. Then the exterior modifications
required a class two for appropriateness for... you know, McFarlane Road and the Coconut
Grove Business District.
Mayor Clark: Is this... are you talking about Coral Gables, or are you talking about Miami?
Commissioner Plummer: Yeah, that's what I'm wondering.
Ms. Slazyk: Miami. No, we have the... the SD-2 district has an intense statement that sets out
the intent of the special district.
Mayor Clark: Yes. But you can't... you are talking about...
Ms. Slazyk: The appropriateness for the...
Mayor Clark: ...in a district you got use, you are not talking about the color of paint.
Ms. Slazyk: Well, it's...
Mr. Rodriguez: In this particular... if I may, Mr. Mayor? In this particular area on the Grove it
is approved for the way the building looks in the outside which is the Village Center to make
sure they have the character of the area. So, we look... and normally you never see this because
there is normally no appeal to you, we look at the way the building looks like, and the signs
whether they are in size and in color, and they mix well with the area. And, in this particular
case, we review it and the appellant felt that was not appropriate and they appeal that to the
Zoning Board.
Mayor Clark: Let me ask you something, Sergio.
Mr. Rodriguez: Yes, sir.
Mayor Clark: You can build a beautiful building, color and all, and have a junk yard inside the
building, you would have approved it, right? You'd have to...
Ms. Slazyk: If the use is...
Mr. Rodriguez: If it's a junk yard no, because the use would be killed.
Mayor Clark: Well, we...
Ms. Slazyk: The use wouldn't be allowed.
Mayor Clark: ... what do you know is inside?
Commissioner Plummer: Yeah. But who plays God to determine what color is appropriate?
Mayor Clark: We don't have a board like that.
109 September 22, 1994
Mr. Rodriguez: We make a decision as to whether the...
Mayor Clark: That's a personal decision, Sergio.
Commissioner Plummer: Can I ask a final question, Mr. Mayor?
Mayor Clark: Yes.
Commissioner Plummer: What color was found to be offensive?
Ms. Slazyk: The original color that was proposed for Q-ZAR...
Commissioner Plummer: No. The one that the appeal was based on?
Mr. Rodriguez: No.
Ms. Slazyk: White.
Commissioner Plummer: White.
Ms. Slazyk: With the orange and blue trim.
Commissioner Plummer: Orange and blue trim.
Ms. Slazyk: Yeah. The original application called for the whole building to be painted a real
dark blue, almost purple.
Commissioner Plummer: Dark blue.
Mr. Rodriguez: And orange.
Ms. Slazyk: With orange neon, and all of that.
Mayor Clark: All right. We'll make these colors change right quick. Let's see what happens.
All right.
Commissioner Plummer: "Nomine Pater, Filius"
Mayor Clark: We are trying to set a record today, so... to the point.
Mr. Stephen Helfman: OK. Good afternoon, Mr. Mayor.
Commissioner Plummer: Mr. Mayor, it's appropriate that all parties in testifying, including the
lawyers and more so, be sworn in.
Mayor Clark: Be sworn? All right. Madam Clerk. Raise your right hand, you are going to
swear... do we have oppositions on this, to the other side?
Unidentified Speaker: Yes, sir, we are here.
Mayor Clark: All right. Why don't you stand over here then.
Commissioner Plummer: Whoever is going to testify. Whoever is going to testify has got to be
sworn in.
110 September 22, 1994
0 "'
Mayor Clark: Yeah.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: Proceed.
j Mr. Helfman: Good afternoon, Steve Helfman, 2665 South Bayshore Drive. I represent the
j contiguous property owner that owns the property which used to be referred to as Peacock Cafe.
It's now under extensive renovations, and it's known as Peacock Plaza. We became aware of
this proposed use some months ago, and requested an interpretation of the Zoning Administrator
as to whether this amusement center, which is what they call themselves, was permitted in the
building next to us. And we have a mixed -use project with residential units along the top, and a
retail and restaurant use down below. And we were advised that the zoning code didn't
specifically provide for this amusement center which is primarily, and you may learn more about
it from the operators, a laser -tag game room.
` Mayor Clark: It can only happen in the Grove, I know.
Mr. Helfman: And so... and we felt that, frankly, it was incompatible in particular with the
residential component that we had within feet of this site. And so we asked the Zoning
Administrator for his interpretation, he told us that it wasn't specifically provided for, but that, in
his interpretation, it was very close to what was in the code, and, therefore, it should be
permitted. That's why we are here. We think that this is a use that has an impact on us, we think
it should not be left to the discretion of the Zoning Administrator as to whether it should be
permitted or not. That if this is an appropriate use, it should be so designated in the code, and
listed as a permitted use, and that the staff should have an opportunity to look at this use as it
relates to the whole community, and figure out where these usage should appear and under what
conditions they should be permitted. Whether they should have hours of operation, whether they
should have security guards, and not just allow it because you don't have a category for it within
a particular section of the code. That's what this is all about. We feel that it is incompatible in
this particular area, and we feel that it should not have been permitted under the code because
it's not listed there. And to leave it to his discretion we felt it was inappropriate. The second
item which is, I think, PZ-8, I'm not sure whether you want us to address that at this moment,
but it's very... it's a very technical appeal having very little to do with the color. Once we took
the first appeal, your zoning code says, "No further permit shall issue." And what happened
through some inadvertence, I believe, is that we took our first appeal, that wasn't known to the
Planning Department, and they issued as class two permit while this appeal was pending. And
the code says you can't do that. That's the fundamental reason for the second appeal because we
felt that the code should be abided by and you shouldn't issue any more approvals while the first
one was pending. The color is objectionable, it is a... it has been changed since originally
submitted, but it is a bright florescent orange, certainly not consistent with the type of treatment
that we were... had to go through when we submitted our plans, and the type of pavers, and the
pallet of colors that we had to go through. You know... we know what we've had to do, and it
certainly is not close to that process. That's it. We ask you to reverse the decision of the Zoning
Administrator.
Mayor Clark: All right. Mr. Gibbs, do you want to add something?
Mr. Helfman: Thank you.
Mr. Tucker Gibbs: Yeah, very briefly. My name is Tucker Gibbs, I have offices at 2665 South
Bayshore Drive. And I am here in my capacity as a member of the Coconut Grove Civic Club
111 September 22, 1994
.J
Board of Directors, and I have been authorized by them to make our argument in this. And we
incorporate the arguments that Mr. Helfman has made, and I want to add to the Zoning
Administrator's decision to consider this a permitted use, if you look at 602.4116 of your zoning
code, the uses that are permitted, that this one is supposed to be like...
Mayor Clark: You know what that is.
Mr. Gibbs: ...the uses that are permitted are not group oriented, they are individual. Pool... they
are recreational establishments like a pool hall, billiard parlor, or a game room. This particular
use involves teams of people, whether they are kids or adults strapping on these laser guns with
vests and going at it for about 20 minutes, and they are going to explain it to you. And that's
what this is all about. It is not a use that was contemplated. I don't think an indoor football...
mini -football arena was considered when this was written. And so when the Zoning
Administrator says this is contemplated under your code, I don't think it was and I think it
should be rejected. As to the issuance of the class two permit we also agree, yes, we do object to
the color, but that's not the reason why this appeal was taken. We feel it was issued improperly
because it violated the standard set forth in the code, and particularly the section that talks about
control of potentially adverse effects. Now, we've got a concern, we've got a concern about
people using this facility; we've got a concern about it being a magnet for young people, for
gangs. And we have this concern, and we thought that the Planning Department would look at
our concern, and look at this concern, and put certain conditions on the class two permit that they
are allowed to do. And remedial measures such as buffering, control of the hours of operations,
other measures such as security guard, those kind of conditions are permitted under the code, and
the Planning Department did not do that. And for that reason, we'd like you to reject it, in
addition, of course, the issue of the appeal being filed in violation of section 1803 which is the
state proceedings. And for that reason we'd like you to reject it also. Thank you.
Mayor Clark: Thank you. All right, from your side let's hear the petitioner.
Mr. Al Gonzalez: My name is Al Gonzalez, I'm an attorney with Adorno and Zeder with offices
at 2601 South Bayshore Drive. I'm here in behalf of Dr. Gary Marder. Dr. Gary Marder is the
president of Laser Times, they are a franchisee of Q-ZAR. Q-ZAR is an international franchisor.
It's really a phenomenon in all of Europe. There's over 180 of these in Europe, particularly in
Britain and in Australia. There's about 40 of them in the United States, and we believe it's the
game of the 90's. When you look at the objectors, I think you need to separate them. Mr.
Tucker represents a civic organization, and although we really do not agree with the substance of
his arguments, we do have no problems with the motivation. However, Mr. Helfman represents
Mr. Winer who, at this moment in time, is in an encroachment battle with the owner of the
property that we are leasing. We are caught in the middle between two people discussing a two
foot encroachment on property. That is the real reason that we've been appealed every step of
the way. But let's analyze the arguments that they've made. The first issue you need to address
is the use issue, section 60241.1 specifically says that this is a permitted use in your code. It
says, "Commercial, recreational establishments such as pool halls, billiard parlors, and game
rooms." This is nothing more than an advanced game room, it has virtual reality games, it will
have video games, and it would have a laser -tag atmosphere. This is a family type of
atmosphere that we are going to create. There is no liquor here, there is only coke and fun for
the kids.
Mayor Clark: Coke?
Mr. Gonzalez: Coca Cola, sir.
Mayor Clark: OK.
112 September 22, 1994
Mr. Al Gonzalez: Both the intent of your code and your code section specifically allow for this
use. In the intents section of your code, it addresses the need to have commercial entertainment
centers that are pedestrian oriented. This is precisely what this use is. It not only is exactly
called for under your code by... at section 602.41, but it is there in the intent and it is there in the
neighborhood studies that were made that led to the creation of this code. So when they say that
it is not specifically contemplated, it is. I don't know if I should address the issues of the C-2
permit, but if I can go on, their next line of attack was to attack the issuance of our C-2 permit.
C-2 permit, they had various reasons why they wanted the attack, it wasn't just color. But I'll
address color first of all because it was the first one that was up. Your staff thoroughly reviewed
our application. There was a give and take as to what was the right mix of color, the right types
of improvements for purposes of the area. And after that determination, your staff, and you
don't have to take my word or Mr. Helfman's word, concluded that that was compatible with the
area. We are suggesting a family oriented use where before there was a slam dance studio where
people banged against each other, a billiard parlor, and these were issued C-2 permits without a
problem because they were specifically called for under this code. One other objection is to the
handicap ramp. Well, the handicap ramp is, in fact, being applied for through a C-2 permit. It's
a non -issue. Your staff agrees it's a non -issue. We've applied for it. The reason it wasn't in the
original application was because we all thought the Federal Veterans With Disabilities Act
preempted the C-2 process in that respect. We reissued a permit. Then we were told, "File the
C-2 application." We immediately complied. They say that that somehow... this is not
compatible. Well, what we have there now is vagrants populating this building, vacant land to
the south. Senor Frogs is just across from us. They have a cafe that is outdoor, that attracts
pedestrian traffic. This is precisely what this type of use will have. I have letters which I will
submit into the record of other establishments which have written us to tell us how much their
business has improved once we have brought this type of game to their area. Based on your
zoning appeals board's recommendation that unanimously approved this, based on your staff's
recommendation, I would ask you to support our position. And I'll add one more thing, Mr.
Tucker Gibbs addressed the issue of a thorough review for purposes of hours of operation and
security. We've submitted a covenant that curtails our hours of operation, and that ensures that
we will have security during all peak hours. Your staff did an incredible job of reviewing and
insisting on us complying with the letter of the law with respect of this use. I will address one
more thing and that is the stay issue. They are referring to section 1803. We do not believe it is
applicable in this case, and I believer your City Attorney agrees. I think you are free to review
this issue and to rule. Thank you.
Mayor Clark: Thank you. Mr. Cassel.
Mr. Marwin Cassel: Mr. Mayor and Commissioners, my name is Marwin Cassel, law firm of
Broad and Cassel, 201 S. Biscayne Boulevard, Miami, Florida. We represent T.S.T. General
Partners who are the owners of this property. We urge you to support the previous action by
both the Administrator and the Zoning Board. As far as the color is concerned, I go by there
every morning. It's an all white building, it was originally a church, as I'm sure many of you
will remember, it became a Masonic temple, I believe, and later on it became a pool hall, and
when it was a pool hall they served liquor. Now it's going into an operation for youngsters, not
only youngsters because I went over to visit a similar operation in the Miracle Center, they have
one there. It's not the same company, but a similar type of operation. It's younger people,
middle aged people, they go in and they have a good time. This is not a noise maker, this is not
a liquor distributorship. As far as the color is concerned, looking on it head on, there are two
windows that have orange frames, and there is a door on the side that's a blue door with an
orange frame. If you go down the street, you see Miami Subs with neon, you see Tu-Tu Tango
with neon, those are blaring, and, yet, they were permitted and they are in there. It's not
offensive in the least. As far as the use is concerned, as you were told, there is over 180 of these
in existence. They've never been found obnoxious in other cities. They are in Orlando and now
coming to Miami. It cannot hurt the area, it's going to build up an area which frankly has been
113 September 22, 1994
dead as all of you know from the Mutiny next door. It's just a dead area that's now going to
liven up Coconut Grove. It can't hurt it, it can only help it.
Mayor Clark: Thank you. Now, you are going to have a moment or two in rebuttal. You don't
need to... you don't need to be there. You got rebuttal coming now.
Mr. Helfman: I think you all understand the issue. And it's not specifically permitted, it may be
an appropriate use. But it should be contemplated in the code with conditions and your staff
should propose an ordinance for this use throughout the City. That's the right way to do these
things. Not to do it by interpretation site by site. Thank you.
Mayor Clark: We've had enough information, the public hearing is closed. Pleasure of the
Commission?
Commissioner Plummer: I heard everything but one thing. Did anybody state for the record
what were the hours that you had agreed to?
Mayor Clark: There was no statement of that nature.
Commissioner Plummer: Well, they've agreed to...
Mr. Al Gonzalez: We'll be happy to, sir.
Commissioner Plummer: ...so tell me what you agreed to.
Mr. Al Gonzalez: The covenant is of record, we have agreed to open till 2:00 a.m. in the
morning, and to keep security guards, off duty police officers, or a security company at all peak
hours.
Commissioner Plummer: What... from what time to what time?
Mr. Cassel: We will have internal... I say we, they will have internal security at all times...
Commissioner Plummer: Excuse me.
Mr. Cassel: ...on Fridays and Saturdays they will have till 2:00 a.m. off duty or hired security
guards, they will be opened from any hour up to 2:00 a.m., probably on the weekends only, they
will not be operating that late during the week. We've agreed to both the hours as the City
requested, and we've agreed to the security themselves and the hours.
Mr. Maxwell: Yes. Mr. Mayor.
Vice Mayor Dawkins: What are the operational hours?
Mayor Clark: Please, just a minute. Mr. Plummer has the floor.
Commissioner Plummer: I'm finished, sir.
Mayor Clark: Mr. Dawkins.
Mr. Maxwell: The hours are from 8:00 p.m.... the security guards are from 8:00 p.m. to 2:00
a.m...
Commissioner Plummer: Everyday?
114 September 22, 1994
N
Mr. Maxwell: ... during peak hours. Yes, sir.
Mayor Clark: Restrict that back to 12.
Vice Mayor Dawkins: Eight p.m. to 2:00 p.m.
Mr. Maxwell: Two a.m., 2:00 a.m.
Vice Mayor Dawkins: Two a.m.?
Mr. Maxwell: Two a.m.
Vice Mayor Dawkins: Daily?
Mr. Al Gonzalez: Weekends, basically.
Commissioner Plummer: That's in the Code?
Vice Mayor Dawkins: No, no, no, no. Basically. Basically doesn't do it.
Mr. Maxwell: It says, "The lessee agrees to provide security during its peak hours of operation.
That is from 8:00 p.m. to 2:00 a.m., or to the close of business, whichever happens to occur
earlier hereinafter defined as peak hours."
Mayor Clark: Two a.m. Why do you need 2:00 a.m. for? You don't need 2:00 a.m.
Mr. Maxwell: Sunday through Thursday if open for business, the lessee shall have no less than
two employees as game monitors. The lessee shall insure that the entrance to and all exists from
the building located on the property are routinely monitored by game monitors. The game
monitors should carry two-way radios for communication at all times while on duty. On Fridays
and Saturdays, if open for business, in addition to the game monitors the lessee shall contract
with a reputable and well recognized private security firm to provide a uniform security guard or
in alternative, it shall hire an off duty City of Miami police officer. Such security guard or police
officer shall be principally stationed at a visible location at the entrance of the building.
Vice Mayor Dawkins: OK. Again, Mr...
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Is it 8:00 p.m. to 2:00 a.m. daily, Mr. City Attorney?
Mr. Maxwell: Yes, sir. I... it says...
Mayor Clark: That's what it says, 8:00 to 2:00, doesn't it?
Mr. Maxwell: Peak hours. Yeah.
Vice Mayor Dawkins: OK. OK, now...
Commissioner Plummer: Well, that's only for the security hours.
Mr. Maxwell: Eight p.m. till 2:00 a.m.
115 September 22, 1994
Mr. Helfman: Don't forget we have apartments next door.
Mayor Clark: Please, please, please.
Vice Mayor Dawkins: I can... I will perhaps vote with this if you move it eight to midnight, and
2:00 a.m. on weekends. I cannot support this. Me... I mean going to 2:00 a.m. everyday in the
neighborhood.
Commissioner Plummer: May I ask for clarification?
Mayor Clark: Yes, sir.
Commissioner Plummer: It was my... maybe I miss understood. It was open during the daytime,
but they would have the security there from eight until whatever closing time.
Mr. Maxwell: That's correct. Yes, that's correct.
Commissioner Plummer: So they could be open during the day.
Mr. Maxwell: That's right. 8:00 p.m. till 2:00 a.m. is when they will provide security guards.
Commissioner Plummer: Am I completely... am I completely out of question? I mean is this...
Mayor Clark: Please, Gonzalez, come back to this side.
Mr. Al Gonzalez: Mr. Plummer.
Mr. Helfman: I wanted to have my clients here.
Commissioner Plummer: OK. Is this not for young people?
Mayor Clark: Well, bring them over here.
Mr. Cassel: If my eight year old wanted to have a birthday party at 2 o'clock, it will be open for
a small group. In turn, if middle aged, 20's, 30's, 40's want to come down and play late at night,
that's when they want to be sure they have the security so the rampant youngsters won't come in
there, they'll be protected and so forth with the security.
Commissioner Plummer: Yeah, that's the security...
Mr. Cassel: It can be open during the day. It will be open during the day particularly for the
younger kids who would want to come in and play. It's a youngster and adults game.
Vice Mayor Dawkins: So this will be opened from 8:00 a.m. to 2:00 a.m.?
Mr. Al Gonzalez: No.
Vice Mayor Dawkins: That's what you are saying.
Dr. Gary Marder: Sir, my name is Dr. Gary Marder, I'm the president...
Commissioner Plummer: Sir, you were not sworn in.
Mayor Clark: You swear, right?
116 September 22, 1994
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511, TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Dr. Marder: Yes, I do. OK.
Mayor Clark: Why don't you bring him up first. What's this... go ahead.
Dr. Marder: OK. Hi. Good evening, my name is Dr. Gary Marder, I'm the president of Laser
Time. This is going to be a family entertainment center. The hours of operation, sir, will be
probably from 12 o'clock in the afternoon to, I would say...
Vice Mayor Dawkins: Just a minute. Don't give me probably, tell me yes or no.
Dr. Marder: OK.
Vice Mayor Dawkins: Because when you say probably if it opens 7 o'clock in the morning you
will tell me, "I told you probably."
Dr. Marder: OK.
Vice Mayor Dawkins: So give me a date... a time, sir, please.
Dr. Marder: OK. I would say 10 o'clock in the morning till 2 o'clock in the morning. The
hours of need for the community, I presume as Coconut Grove is more of a... you know...
Vice Mayor Dawkins: I wouldn't have a problem with that.
Dr. Marder: OK.
Vice Mayor Dawkins: You are not supporting... you are not pleasing the community, you want
to make a profit.
Dr. Marder: Yes, sir, I do.
Vice Mayor Dawkins: So, therefore, you want to open it when it's open to make money.
Mayor Clark: Let's move it.
Vice Mayor Dawkins: OK.
Mayor Clark: All right. We got the message now? Please, don't get this started back in the
crowd.
Commissioner Plummer: The only question I would want to put in there is that this security
guard, if not a policeman, who would be a uniformed security guard.
Mayor Clark: All right, I'm going to close the public hearing.
Mr. Marder: We agreed to that.
Mayor Clark: You agreed to all of those...
117 September 22, 1994
Mr. Marder: Yes, sir.
Mayor Clark: What is the pleasure of the Commission?
Commissioner Gort: Did anybody make a motion?
Commissioner Plummer: Not yet.
Mayor Clark: PZ-7, make...
Commissioner Gort: Didn't Dawkins make a motion...
Mayor Clark: Yeah.
Vice Mayor Dawkins: Did you make a motion?
Commissioner Plummer: Did you...
Vice Mayor Dawkins: No, I didn't.
Commissioner Gort: You didn't.
Commissioner Plummer: Well, you put a stipulation, what was your stipulation?
Vice Mayor Dawkins: I'd vote it if it closed...
Mayor Clark: Ten to two.
Vice Mayor Dawkins: ...ten to 12 o'clock in the weekends, 10:00 to 2:00 on the weekends.
Commissioner Plummer: You agree to that, sir?
Mr. Marder: Yes, sir, we agree to that.
Commissioner Plummer: Then we are, I guess, in the ball park.
Mr. Maxwell: Is midnight closing during...
Mayor Clark: No more, no more. This is a different system down here now. We are not just
running on all night.
Mr. Al Gonzalez: Sir, can we add...
Commissioner Plummer: Let me understand what has been said.
Mr. Al Gonzalez: ...holidays and weekends.
Mayor Clark: Sir.
Commissioner Plummer: If you want me to make a motion, let me understand what you've said.
There will be a uniformed security guard, OK? That uniformed security guard will start every
night at 8 o'clock until closing time whatever they may be, but closing time on weekdays would
be midnight, and on Friday and Saturday nights 2:00 a.m. Is that...
118 September 22, 1994
Vice Mayor Dawkins: And they say holidays, J.L.
Mr. Al Gonzalez: And holidays.
Commissioner Plummer: And holidays, OK. That's understood?
Mr. Al Gonzalez: Yes.
Commissioner De Yurre: But, hold it a second because holiday means...
Mr. Maxwell: What does it mean?
Commissioner De Yurre: ...the next day is a work day.
Mr. Maxwell: Yeah. What...
Commissioner De Yurre: Is it the night before the holiday.
Commissioner Gort: So is Sunday though.
Mr. Maxwell: We need a definition of "holiday."
Dr. Marder: Holiday eve would be acceptable.
Mayor Clark: Holidays will be acceptable. What's the pleasure, Mr. Plummer?
Commissioner Gort: The day of the holiday.
Mr. Maxwell: I need a definition. Excuse me, Mr. Mayor, we need to know what you mean by
"holiday." We need a definition of "holiday."
Mayor Clark: What do you classify as a holiday?
Mr. Maxwell: Are we saying just legal... any legal holidays?
Mayor Clark: I know you want to take off work when it's a holiday, so define a holiday to me.
Mr. Maxwell: Any legal... recognized legal holiday.
Mayor Clark: Good enough. That's fine.
Mr. Al Gonzalez: That's good enough.
Mayor Clark: Now don't make a hell out of it. Let's go. Plummer, are you ready?
Commissioner Plummer: If nobody else wants to do it, you know, die and go to heaven, is that
what the Mayor used to say?
Mayor Clark: Everybody wants to go to heaven, but nobody wants to die.
Commissioner Plummer: I'll move with those stipulation... with those stipulations I move item 7
to be approved.
Commissioner Gort: With those conditions, I'll second.
119 September 22, 1994
a]
Mayor Clark: All right, Madam Clerk, with those conditions. You understand all the
conditions?
Mr. Marder: Holiday eve, sir, that is it?
Mayor Clark: Yes.
Mr. Marder: Fine.
Mr. Maxwell: Same conditions on eight?
Mayor Clark: Call the roll. Easy.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-710
A RESOLUTION DENYING THE APPEAL, AFFIRMING THE DECISION OF THE
ZONING BOARD, AND UPHOLDING THE ZONING ADMINISTRATOR'S
INTERPRETATION DATED MAY 26, 1994, WHICH APPROVED AN
AMUSEMENT CENTER USE FOR THE PROPERTY LOCATED AT 2895
MCFARLANE ROAD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), PURSUANT TO ZONING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION 602.4.1.1 THEREOF;
ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: Mayor Stephen P. Clark
ABSENT: None.
Mr. Gonzalez: Thank you.
Dr. Marder: Thank you.
Mayor Clark: You don't have to thank me, I just voted no.
Commissioner Plummer: Wait, are we going to do eight now?
Mayor Clark: PZ-8, same thing.
120 September 22, 1994
Mr. Maxwell: That wL nied... you just voted on a motion dt ng the appeal and affirming
the decision of the Zoning Board. The next one would be... would do the same thing. Eight...
Mayor Clark: Same thing. All right. Moved by Mr. Plummer, seconded by Mr...
Mr. Maxwell: And this... eight would contain the conditions that you've just...
Mayor Clark: Yeah, all right. Plummer, seconded by...
Vice Mayor Dawkins: This is what now?
Mayor Clark: This contains the conditions you stipulated to.
Commissioner Plummer: This is the color.
Mayor Clark: All right. You've agreed to that. Moved by Mr. Plummer, seconded by Mr. Gort.
Roll call.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-711
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD PURSUANT TO ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
(THE "ZONING ORDINANCE") ARTICLE 18, SECTION 1800, WHICH AFFIRMED
THE ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 94-2523,
WITH CONDITIONS (THE "PERMIT"), BY THE DIRECTOR OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT, FOR THE EXTERIOR
CONFIGURATION OF A COMMERCIAL RECREATIONAL ESTABLISHMENT,
PURSUANT TO THE ZONING ORDINANCE, ARTICLE 13 AND ARTICLE 15, FOR
THE PROPERTY LOCATED AT 2895 MCFARLANE ROAD, MIAMI FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) (THE "PREMISES"); ZONED SD-
2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBJECT TO THE
RECORDATION OF A COVENANT, PROVIDING THAT THERE SHALL BE A
UNIFORMED SECURITY GUARD EMPLOYED AT THE PREMISES FROM 8 P.M.
UNTIL CLOSING AND THE PREMISES SHALL CLOSE NO LATER THAN
MIDNIGHT ON WEEKDAYS AND 2 A.M. ON WEEKENDS AND ON THE EVE OF
HOLIDAYS.
(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
QX%1& 1
Mayor Stephen P. Clark
None.
Mayor Clark: Thank you all for coming down.
121 September 22, 1994
----------------------------------------------------------------------------------------------------------------
43. COMMISSIONER PLUMMER DIRECTS ADMINISTRATION TO ENFORCE
AGGRESSIVELY ZONING REGULATIONS IN CONNECTION WITH
STRUCTURES AT DAY AND MATILDA STREETS IN COCONUT GROVE
WHICH ARE BEING USED AS CRACK HOUSES.
Mr. Sergio Rodriguez: Mr. Mayor, PZ-9 is supposed to be heard at five o'clock.
Mayor Clark: PZ-9? Can we wait two minutes?
Commissioner Plummer: Mr. Mayor, during those two minutes, may I bring up a subject?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Zoning Administrator, and the people in Code Enforcement, I sent
you a memo the other day relating...
Mayor Clark: Please be quiet, folks.
Commissioner Plummer: ... relating to structures that have been started, and were stopped, and
not being constructed. At the corner... I'll use this one as the example, but I'm concerned about
all. At the corner of Day and I believe Matilda, Shipping and Matilda, there is four units that
were started and stopped. These units today are being used as crack houses, I know for a fact.
They are being used for people who are breaking into houses and putting the stuff in there. The
yard has not been cleaned, it has not been mowed. It is an absolute disgrace. I am concerned for
the safety of the children in that neighborhood. Why doesn't the City require that they fence that
property in? All right? I'm concerned about... I'm using that one as the example, but I'm
worried, also, about others. For example, it's not in our district, it's Coral Gables, over there on
Dixie Highway. Here are houses that were started, they were stopped for whatever reason, and
people are playing in them, they're using them for crack houses, the homeless are living in them.
It's incredible. Why aren't we doing something about it?
Mr. Sergio Rodriguez (Assistant City Manager): The only thing I can tell you at this point is that
I will look into that, and if there is a fence that we can require, we'll order them to put a fence.
As to the grass being not kept, the NET (Neighborhood Enhancement Team) Administrator is
here. I'm sure she's going to follow up on that issue. And as to whether the property can be
discontinued, I believe the South Florida Building Code, which is mandated by Dade County, I
believe that once you have a permit, you have six months by which you can leave the property
unfinished, or the work being done, and after that...
Mayor Clark: Sergio, Sergio, get an answer and bring it back to Mr. Plummer, Sergio.
Commissioner Plummer: Hey...
Mr. Rodriguez: I will do that, sir.
Commissioner Plummer:... if a child gets hurt...
Mr. Tucker Gibbs: May I just respond to that really quickly?
.122_ ' September 22, 1994
al
Mayor Clark: Well, no, no...
Mr. Gibbs: Because as somebody in the Grove, I can tell you really quickly, the South Florida
Building Code allows for the building official of the City of Miami to declare a building unsafe
and a health hazard, and they can go in, board up the building, and they can put a lien on the
property to pay for it.
Mayor Clark: He knows. All right. Thank you.
Commissioner Plummer: Do something before some of those kids are hurt, I want to tell you.
Mr. Rodriguez: We will respond.
Mr. Gibbs: You can do it.
[END OF DISCUSSION -- NO ACTION TAKEN]
----------------------------------------------------------------------------------------------------------------
44. SECOND READING ORDINANCE: AMEND 11000, ARTICLE 9 (GENERAL
AND SUPPLEMENTARY REGULATIONS), BY AMENDING SECTION 932
(CHRISTMAS TREE SALES; HOLIDAY SALES) -- BY ALLOWING SALE
OF CHRISTMAS TREES AND PUMPKINS BY CLASS I SPECIAL PERMIT
IN COMMERCIAL, INDUSTRIAL, GOVERNMENT AND INSTITUTIONAL,
AND RESIDENTIAL DISTRICTS, SUBJECT TO CERTAIN CONDITIONS.
----------------------------------------------------------------------------------------------------------------
I Mayor Clark: It's five-o-one. Read item number 9, please. Let's move on.
Commissioner Plummer: I move item 9.
Mayor Clark: Item 9, for the public record, let's let them know what this is.
Mr. Joe McManus: Mr. Mayor and members of the Commission, Joe McManus, Deputy
Director of Planning, Building and Zoning. Item PZ-9 allows, with a class one permit, for a very
limited season, the sale of pumpkins prior to Halloween, and Christmas trees prior to Christmas
in certain zoning districts.
Mayor Clark: All right. Read the ordinance.
Commissioner Plummer: I... That was not my understanding, Mr. McManus. My
understanding was, it was Christmas trees and other holidays. It wasn't limited to just pumpkins.
Mr. McManus: Well, I'm simplifying it. Yes.
Commissioner Plummer: OK. Move it.
Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Gort. Call the roll, Madam Clerk.
123 September 22, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE O,
"GENERAL AND SUPPLEMENTARY REGULATIONS," BY AMENDING
SECTION 932 "CHRISTMAS TREE SALES; HOLIDAY SALES" BY ALLOWING
SALES OF CHRISTMAS TREES AND PUMPKINS BY CLASS I SPECIAL PERMIT
IN COMMERCIAL, INDUSTRIAL, GOVERNMENT AND INSTITUTIONAL AND
RESIDENTIAL DISTRICTS SUBJECT TO CERTAIN CONDITIONS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of July 26, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote.
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11177.
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.
124 September 22, 1994
----------------------------------------------------------------------------------------------------------------
45. SECOND READING ORDINANCE: AMEND 11000 TEXT, BY AMENDING
ARTICLE 4 TO ALLOW FEDERAL / STATE / LOCAL GOVERNMENT
OFFICES AS PERMITTED PRINCIPAL USE IN O-OFFICE DISTRICT;
ETC. -- ARTICLE 6, TO CHANGE EFFECT OF SD DISTRICT
DESIGNATION FOR SD-1, SD-8, SD-11 AND SD-13; ETC.; SD-12
OVERLAY DISTRICT TO CLARIFY ITS APPLICATION ONLY TO
RESIDENTIAL DISTRICTS; SD-13 DISTRICT TO CORRECT ERRONEOUS
REFERENCE; SD-16, SD-16.1 AND 23-16.2 TO PERMIT DRIVE -THROUGH
RESTAURANTS AS CONDITIONAL PRINCIPAL USE BY SPECIAL
EXCEPTION ONLY -- ARTICLE 9 TO INCREASE SIZE OF PERMITTED
AWNINGS; TO CONDITIONALLY PERMIT TEMPORARY PARKING
DURING CONSTRUCTION BY CLASS II SPECIAL PERMIT; ETC.
(Applicant: Planning, Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 10.
Commissioner Plummer: Move...
Mr. Joe McManus: Item PZ-10 is a second reading ordinance amending Articles 4, 6, 9, 16, 17
and 19 of Ordinance 11000. Among the changes that would be made would be Federal, State
and local offices would be a permitted principal use in the O-Office District, along with private
sector offices. Structures and uses required for performance of governmental function would be
permitted, by right, in the C-1 Zoning District. The intent statement for SD-1, SD-8, SD-11, SD-
13, SD-14, and SD-14.1 would be changed to support, rather than modify, underlying districts.
The SD-12 Overlay District would be modified to clarify its application to residential districts
only. The SD-16, SD-16.1, SD-16.2 Districts would be modified to permit drive -through
restaurants by special exception only. Section 908 would be amended to increase the size of
permitted awnings to be consistent with the industry standards for awnings and simplify their
fabrication. An interim off -site parking regulation is proposed for those situations where a
project is under construction, and cannot provide parking on site for the occupants or the
construction workers, so that the interim off -site parking lot would be subject to time limitations,
distance limitations, in all districts, by class two special permit. Article 16 would be amended to
delete language which conflicts with the Code, and therefore, would require payment of a fee for
request of time extension for special exception permits. Article 17, major use special permits,
would be amended to clarify the treatment of substantial and nonsubstantial changes to a major
use special permit. Article 19 would be amended to delete language which conflicts with the
Code, and therefore, will require payment of a fee for request for time extensions for variances.
That concludes the presentation, Mr. Mayor.
Mayor Clark: All right, sir. Read the ordinance into the record. Is there a motion?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
125 September 22, 1994
2
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING:
ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO
ALLOW FEDERAL, STATE AND LOCAL GOVERNMENT OFFICES AS A
PERMITTED PRINCIPAL USE IN THE O-OFFICE DISTRICT, AND
"STRUCTURES AND USES REQUIRED FOR PERFORMANCE OF A
GOVERNMENTAL FUNCTION" AS A PERMITTED PRINCIPAL USE IN THE C-1
RESTRICTED COMMERCIAL DISTRICT; ARTICLE 6, TO CHANGE THE EFFECT
OF THE SD DISTRICT DESIGNATION FOR SD-1, SD-8, SD-11 AND SD-13, AND
ADDING A SECTION DESCRIBING THE EFFECT OF THE SD-14 AND SD-14.1
DISTRICTS; SD-12 OVERLAY DISTRICT, TO CLARIFY ITS APPLICATION
ONLY TO RESIDENTIAL DISTRICTS; SD-13 DISTRICT, TO CORRECT AN
INCORRECT REFERENCE; SD-16, SD-16.1 AND SD-16.2 DISTRICTS, TO PERMIT
DRIVE -THROUGH RESTAURANTS AS A CONDITIONAL PRINCIPAL USE BY
SPECIAL EXCEPTION ONLY; ARTICLE 9, GENERAL AND SUPPLEMENTARY
REGULATIONS, SECTION 908.6, TO INCREASE THE SIZE OF PERMITTED
AWNINGS, AND SECTION 927, TO CONDITIONALLY PERMIT TEMPORARY
PARKING DURING CONSTRUCTION BY CLASS II SPECIAL PERMIT; SECTION
1602.2, BY DELETING ERRONEOUS LANGUAGE; SECTION 1706, BY
CLARIFYING THE TREATMENT OF SUBSTANTIAL AND NONSUBSTANTIAL
CHANGES TO A MAJOR USE SPECIAL PERMIT; SECTION 1904.2, BY
DELETING ERRONEOUS LANGUAGE; AND THE INDEX, TO CORRECT AN
INCORRECT REFERENCE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of July 26, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11178.
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.
126 September 22, 1994
----------------------------------------------------------------------------------------------------------------
46. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 2515 S.W. 7 STREET
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL.
(Applicant: Planning, Building & Zoning Dept.).
Mayor Clark: Item 11.
Mr. Joe McManus: Item PZ-11, Mr. Mayor, is a continuation of a series of changes that we had
suggested to the Commission over the last three or four months, and basically, in the area in
Southwest 27th Avenue and 6th, 7th, and 8th Streets, along the area of the Miami -Dade
Community College area.
Mayor Clark: Where you say "restricted commercial," what do you mean?
Mr. McManus: It's equivalent to C-1. It's neighbor...
Mayor Clark: You're talking about Beacon Boulevard out to 27th Avenue.
Mr. McManus: Yes.
Mayor Clark: OK. That's what...
Mr. McManus: This is one lot that we are... that currently is not consistent with the zoning.
Mayor Clark: All right.
Mr. McManus: And what we're trying to do is straighten it out so that we have consistent
zoning and a consistent plan, and we're recommending this.
Mayor Clark: Very good. Do we have objectors present on this item? Hearing none, I'll close
the public hearing.
Commissioner Gort: Move it.
Mayor Clark: Moved by Mr. Plummer (sic). Is there a second? Call the roll. Call the roll,
Madam Clerk.
127 September 22, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT 2515
SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM
SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort and seconded by Commissioner Plummer and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
47. (A) DISCUSSION CONCERNING STUDY EVALUATING PROS AND
CONS OF PROPOSED MERGER OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD AND THE URBAN
DEVELOPMENT REVIEW BOARD -- DIRECT ADMINISTRATION
TO ADVERTISE PRESENTLY VACANT POSITIONS ON BOTH
ABOVE -CITED BOARDS PREVIOUSLY HELD BY MEMBERS
WHO WERE INELIGIBLE.
(B) DENY PROPOSED FIRST READING ORDINANCE TO AMEND
CODE BY ABOLISHING THE CITY OF MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD AND THE CITY OF
MIAMI URBAN DEVELOPMENT REVIEW BOARD, AND
ESTABLISHING, IN LIEU THEREOF, A NEW BOARD: CITY OF
MIAMI DESIGN AND PRESERVATION BOARD.
Mayor Clark: Item number 12.
Mr. Joe McManus: Item number PZ-12 is a study of the proposed merger of the Historic and
Environmental Preservation Board and Urban Development Review Board. This Commission
adopted Ordinance 11130 on March the 24th of this year, and passed Resolution 94-219,
adopting the recommendations made by the City's Boards and Committees Review Committee.
That particular committee had recommended merger of the Historic Board and the Urban
128 September 22, 1994
Development Review Board, providing, however, that they felt that there should be a study. We
have undertaken that study, which is attached as item PZ... in item PZ-12, and citing the factors
favoring the merger; that is, both boards, if merged, would be concerned with the built and
natural environment. A combined board would benefit from the various members' views on
architecture and preservation, and the public would be served by having more frequent meetings,
if the combined board, say, were to meet twice a month. Factors opposing the merger are: The
boards do not duplicate efforts; members possibly would be less willing to serve on a combined
board; staff participation and time are the same whether the boards are combined or separate;
and the public may not be served by longer meetings, if, for example, the combined board were
to meet once a month for a longer meeting. Mr. Mayor, the... If the Commission decides to
proceed with the merger, item PZ-13 is the companion item that contains the ordinance that
would effect the merger.
Commissioner Plummer: They flooded the mail on this one.
Mayor Clark: Well, we're not...
Mr. McManus: Do you want me to briefly describe that, and then you could open for
discussion?
Mayor Clark: Yeah, listen, we're not going to spend all night here trying to... And I would think
a special meeting is needed for something like this, not to hold all these people up here all night,
trying to decide what to do.
Commissioner Plummer: Well, Mr. Mayor, I might try to make it easy for you.
Mayor Clark: All right.
Commissioner Plummer: My office has been
I've not had one single person call me in favor.
it.
Vice Mayor Dawkins: Second.
flooded with mail and phone calls to oppose it.
And as far as I'm concerned, I'm ready to deny
Mayor Clark: All right. Let's move forward. There's a motion on the floor not to merge the
two boards, moved by Mr. Plummer, seconded by Mr. - at this time - by Mr. Dawkins. Call the
roll, Madam Clerk.
129 September 22, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-712
A MOTION TO DENY AGENDA ITEM PZ-13 (PROPOSED FIRST READING
ORDINANCE TO ABOLISH THE CITY OF MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD AND THE URBAN
DEVELOPMENT REVIEW BOARD TO MERGE BOTH BOARDS ESTABLISHING,
IN LIEU THEREOF, A NEW BOARD TO BE KNOWN AS THE CITY OF MIAMI
DESIGN AND PRESERVATION BOARD).
Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Gort: Good presentation. That's good.
Mayor Clark: Thank you all for coming down. Thank you.
Commissioner De Yurre: Mr. Mayor, in continuing this item...
Commissioner Plummer: Thirteen was...
Commissioner De Yurre: ... there seems one of these boards doesn't even have a quorum,
enough people to meet. You know, what's...
Mayor Clark: Well, if it does not have a quorum, then it doesn't act anymore.
Commissioner De Yurre: Well, then, we should deal with it. That's why we're here on this
matter. There is one board that has three members that do not comply with the residency
requirement, two members resigned, one member passed away, an alternate member position
remains vacant. There's only three members.
Mayor Clark: We'll not take any action...
Commissioner Plummer: Sounds like to me you need new members.
Mayor Clark: Well, I don't know about it personally, but I'll take my action at the next meeting.
Thank you. Thank you, Madam.
130 September 22, 1994
PON
Commissioner Plummer: I assume, then, for all practical purposes, item 13 is a moot item.
Mayor Clark: Absolutely, yeah, I think it would be.
Mr. McManus: Mr. Mayor...
Vice Mayor Dawkins: OK. Fourteen cannot be heard until six o'clock.
Mr. McManus: Mr. Mayor, can I ask whether we have an understanding, then, that we can
proceed to advertise for new members for the Urban Development Review Board and...
Vice Mayor Dawkins: To both boards. To both boards.
Mr. McManus: Both boards.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: Your ordinance requires that you must declare the positions that now have
ineligible members vacant, so there's a procedural step...
Vice Mayor Dawkins: So moved.
Commissioner Plummer: Second.
Mayor Clark: Moved and seconded. Cast a unanimous ballot. That's fast enough?
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-713
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO
PROCEED TO ADVERTISE PRESENT VACANCIES IN THE HISTORIC &
ENVIRONMENTAL PRESERVATION BOARD AND THE URBAN
DEVELOPMENT REVIEW BOARD, GIVEN THAT SAID POSITIONS ARE
PRESENTLY HELD BY INDIVIDUALS WHO FAIL TO MEET, AT THIS TIME,
ELIGIBILITY REQUIREMENTS.
131 September 22, 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
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Vice Mayor Dawkins: We can't hear 14 until six.
Mayor Clark: Was this called for six o'clock?
Vice Mayor Dawkins: Yes. Yes, sir. May I have a pocket item?
Mayor Clark: Is everybody here now? I think they're all here. Why do we have to call it
specially for six o'clock, when the law says five o'clock?
Commissioner Plummer: Because I think, your budget, by law, has to be five-o-five, or after
five-o-five.
-------------------------------------------------
Ni OTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA
ITEMS TO CONSIDER ITEMS FROM THE REGULAR PORTION OF
THE AGENDA AND SOME NON -AGENDA ITEMS.]
----------------------------------------------------------------------------------------------------------------
48. GRANT REQUEST BY DADE COUNTY ALLIANCE AGAINST DOMESTIC
VIOLENCE -- PROCLAIM OCTOBER 15, 1994 AS "DOMESTIC VIOLENCE
AWARENESS DAY" -- ALLOCATE $3,000 IN SUPPORT OF ITS WALK-A-
THON AND RALLY AT BAYFRONT PARK.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: OK. I have a pocket item, if we could just get rid of that, please.
Mayor Clark: Here, here, I got two pockets.
Vice Mayor Dawkins: I don't want but one of them.
Mayor Clark: All right.
Vice Mayor Dawkins: At the last meeting, Mr. Mayor, we passed a request, but when they went
before the... to the Manager, that that they requested was not granted. Would you tell us what
the problem is, so we can try to resolve it, please.
132
September 22, 1994
Officer Therese Homer: Yes. Hi. My name is Therese Homer. I'm the Vice Chair of the Dade
County Alliance Against Domestic Violence. This is Laverne Pinkney. She's the Chair of the
Alliance, and these are some members that are here supporting the... what we are requesting.
We are sponsoring a Domestic Violence Awareness Walk -A -Thou and rally on October the 15th
at the Bayfront Park. And what we wanted to request at that time, the last Commission meeting,
was for the City of Miami to be a sponsor of this rally with us by providing us... not just waiving
the costs and fees related at the Bayfront Park, but providing some in -kind services, like
proclaiming October the 15th Domestic Violence Awareness Day.
Mayor Clark: That's no problem.
Officer Homer: We wanted a... We need a cash grant of $3,000 to pay for some other related
costs that's not associated...
Mayor Clark: Well, that's not an in -kind service.
Commissioner Plummer: That's now getting to be a problem.
Mayor Clark: Now, we've gone a long way...
Vice Mayor Dawkins: OK. Well, OK. Who else is sponsor... What other municipalities are
sponsoring this with you?
Officer Homer: It's all 27 police municipalities in Dade County has...
Vice Mayor Dawkins: And each one of them has given us $3,000?
Officer Homer: No, sir. Because it's a Dade County Alliance Against Domestic Violence
project, and not the police department. What we've asked is for the police departments to join us
in this effort. I happen to be a police officer.
Vice Mayor Dawkins: No kidding.
Officer Homer: But I'm also the Vice Chair of the Alliance.
Vice Mayor Dawkins: OK. All right, but all jokes aside. Have you... Did you ask Coral Gables
for $3,000?
Officer Homer: The police... What the...
Vice Mayor Dawkins: Don't ask Medley, don't ask Opa Locka, don't ask the small
municipalities that do not have it. Miami Beach has $3,000, Coral Gables has $3,000, Hialeah
has $3,000.
Mayor Clark: We're giving everything else. Why not... they give the money?
Officer Homer: The police departments are offering in -kind services by providing the police
motor officers.
Vice Mayor Dawkins: OK. We'll give you... How many police you want for in -kind services?
Officer Homer: Well, sir, we've already gotten the police officers from each police jurisdiction
to...
133 September 22, 1994
Vice Mayor Dawkins: O.K. I'll tell you what...
Officer Homer:... assist with the traffic and closing off the streets of Miami.
Vice Mayor Dawkins: I'll... Let me see how to do this to keep the pressure...
Officer Homer: Can I also just say that we.., some of the invite...
Vice Mayor Dawkins: You need $3,000, right?
Officer Homer: Yes, sir. We've invited...
Vice Mayor Dawkins: OK. You need $3,000, right?
Officer Homer: Yes.
Vice Mayor Dawkins: OK. I'll give $3,000 out of my budget if we can get $2,000 from
somewhere else. Because the Manager does not have it.
Commissioner Plummer: What? I'm...
Mr. Cesar Odio (City Manager): What I told them, I don't have the right to waive Bayfront
Park. That's what they were asking, to waive. I cannot do that.
Vice Mayor Dawkins: Yeah. Well, but we give... we give...
Commissioner Plummer: I got no money in my budget.
Vice Mayor Dawkins: We give ethnic days, we give all kind of days. So they get one of the...
Commissioner Gort: The Manager passed it. What they need is for us to approve it.
Vice Mayor Dawkins: OK. It's approved. OK? And we'll arrange the $3,000 some kind of
way.
Commissioner Gort: We got to get a motion to approve.
Vice Mayor Dawkins: Yes, sir, I do.
Commissioner Gort: I'll second.
Mayor Clark: Give me five already, will you?
Vice Mayor Dawkins: All right, sir.
Officer Homer: Oh, thank you.
Commissioner Plummer: Well, is that predicated on them getting matching grants?
Vice Mayor Dawkins: I don't know, And this... The 15th is around the corner, J.L. We just
can't... I mean, they just... There's so much they can do.
Officer Homer: Commissioners...
134
September 22, 1994
Vice Mayor Dawkins: I agree with you. I don't want to give them a penny, because Coral
Gables is not giving anything. But there again, I don't want them...
Mayor Clark: All right. We've heard enough. We've heard enough.
Vice Mayor Dawkins: ... to have worked all this hard, trying to get all these volunteers to
volunteer their time and effort, and then we stand up here and push it down the drain.
Mayor Clark: There's a motion and a second to grant the request of the ladies before us here
today. Cast a unanimous ballot. Thank you, ladies, for being here.
Officer Homer: Thank you, sir.
Ms. Laverne Pinkney: Thank you.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-714
A RESOLUTION PROCLAIMING OCTOBER 15, 1994, AS DOMESTIC VIOLENCE
AWARENESS DAY; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED
$3,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE
DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE WALK-A-THON
AND RALLY TO BE HELD AT THE AT&T AMPHITHEATER AT BAYFRONT
PARK AND VICINITY BY THE DADE COUNTY ALLIANCE AGAINST
DOMESTIC VIOLENCE ON SATURDAY, OCTOBER 15, 1994; SAID
ALLOCATION CONDITIONED UPON THE ORGANIZERS COMPLYING WITH
ANY CONDITIONS OR LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: All right.
Vice Mayor Dawkins: Go to my office, and let us find out how to get you the $3,000.
Mayor Clark: Yeah, write a check.
Commissioner Plummer: Yeah, petty cash.
Officer Homer: OK. I'll take it.
135 September 22, 1994
Mayor Clark: All right.
Commissioner Plummer: Get it from the $200,000 the Metro Commissioners have.
----------------------------------------------------------------------------------------------------------------
49. (A)
DISCUSSION CONCERNING PROPOSED MILLAGE RATE AND
ADOPTED TENTATIVE BUDGET FOR CITY OF MIAMI FOR FY
1994-95.
B
PUBLIC HEARING HELD.
C
INSTRUCT ADMINISTRATION TO PREPARE LEGISLATION
DESIGNATING TRIPLEXES AND QUADRUPLEXES AS
RESIDENTIAL PROPERTY FOR PURPOSES OF GARBAGE
CHARGES AT A COST OF $160 PER UNIT PER YEAR --
STIPULATE THAT SAID ACCOUNTS MAY OPT TO OBTAIN
SERVICES OF A PRIVATE HAULER.
(D)
SECOND READING ORDINANCE: DEFINING / DESIGNATING
TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION -- FIXING MILLAGE AND LEVYING
TAXES FOR FY OCTOBER 1, 1994 - SEPTEMBER 30, 1995.
(E)
SECOND READING ORDINANCE: MAKING APPROPRIATIONS
FOR CITY OF MIAMI FOR FY ENDING SEPTEMBER 30, 1995.
(F)
APPROVE LAW DEPARTMENT'S BUDGET AS PRESENTED IN
THE CITY'S BUDGET -- STIPULATE THAT IN ORDER TO
APPROVE ANY EXTRA MONIES, THE CITY ATTORNEY MUST
COME BEFORE THE CITY COMMISSION TO JUSTIFY SAID
REQUEST.
(G)
BRIEF COMMENTS CONCERNING CODE ENFORCEMENT
FINES.
Mayor Clark: OK. Let's get to the budget for a little while. All right.
Mr. Manohar Surana: Just for the record, percentage increase in millage over rolled back rate.
Response: Three and seventy-five one hundredths of one percent. "B:" Specific purpose for
which ad valorem tax revenues are being increased. Response: Partial funding for public safety
services, three million, five -forty, seven -seven -nine hundred percent. Next, item "C:" City
Commission listens and responds to citizens' comments regarding the proposed millage increase
and explains the reasons for the increase over the rolled back rate.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Do you want to hear from the public first, or do you want to hear
from...
Mayor Clark: Yeah. We'll hear.
Commissioner Plummer: The public first. OK.
Mayor Clark. If anyone wants to. We had two or three people last week who came down. But
anyone to address the budget now? Let's be specific. Don't go off into -a tangent about
-136 September 22, 1994
somebody's dream down south. All right. I'm not going to take a lot of time up here, because
you had your chance before.
Mr. Jim McMaster: My name is Jim McMaster. I live at 2940 Southwest 30th Court. On the
handout I just gave you, the first page is about the Omni Tax Increment District. This morning,
we were talking about the homeless problem at the City Administration Building. The last
meeting, we talked about homeless on Northwest 2nd and 3rd Avenues. The key here would be,
when is the Omni Tax Increment District going... When is the interlocal agreement going to be
signed? When are we going to get the funding ready for the performing arts center and get that
part of town spruced up? As long as this district isn't enacted, the money is just going back in
the general fund.
Mayor Clark: Excuse me. Did you approach the County Commission the other night?
Mr. McMaster: Well, I know they... No, sir, I was not there, but they have to get together with
you.
Mayor Clark: Well, there's where you should have started, right there. There's where you
should have started.
Mr. McMaster: All right. But do we have a commitment from the Commission and the
Administration to get moving on Omni? I do realize that as long as there's no district, the
funding just goes back to the general fund. That's legal and right. But we need...
Commissioner Plummer: Well, there is a district.
Mr. McMaster: We need to get the homeless shelter, the performing arts center...
Commissioner Plummer: There is a district up there of tax abatement now. There's no funds
been placed in it, but there is a district created.
Mr. McMaster: Right. The way the law reads, that any unexpended funds can be put in the
general... can be spent at the end of the year. So since they're not spending funds, they're going
ahead and spending them, which is the way it should be. The second item, to move along for the
Mayor, it's always dangerous at this time to read the newspaper, but the Miami Today claimed
that the six million dollars from the Port of Miami was in this year's budget. However, I spoke...
Mayor Clark: It's not in this year's budget.
Mr. McMaster: It's not. It's not. My question would be, if the bond issue passes next month,
the hundred and twenty-four million dollar bond issue...
Mayor Clark: That bond issue has been withdrawn from the ballot.
Mr. McMaster: It's been withdrawn. OK. Now, so...
Commissioner Plummer: Which one, Steve?
Mayor Clark: That one on the port.
Commissioner Plummer: Has been withdrawn?
Mr. Cesar Odio (City Manager): Yes.
137 September 22, 1994
Mr. McMaster: I just want to place on the record...
Mayor Clark: He asked the question, was the six million dollars in the budget. I said absolutely
not.
Mr. Odio: The six million dollars will go back to the fund balance. They were... They are not
being used.
Mr. McMaster: Right. That's what I assumed. But the paper said otherwise.
Commissioner Plummer: Well, excuse me. May I have... I'm sorry. Are we saying, then, that
if it was withdrawn, that the issue relating to the port is now a dead issue?
Mr. Odio. No.
Mayor Clark: No. Just...
Mr. Odio: He has alternatives.
Mayor Clark: Just taken off the ballot. They're going to put it on the ballot in April.
Commissioner Gort: It might be a revenue bond. It might be a revenue bond, rather than a
general obligation bond.
Mr. Odio: They are going another route.
Commissioner Plummer: Well, thank you.
Mayor Clark: All right.
Mr. McMaster: I just want my two cents in on that Bicentennial FEC (Florida East Coast) Parks.
They were paid for with park bonds. We in Coconut Grove here have a parcel just down the
waterway here that needs purchasing.
Mayor Clark: All right.
Mr. McMaster: To finish up our park system here in Coconut Grove.
Mayor Clark: OK.
Mr. McMaster: And I'm sure as the port issue comes before the Commission, you'll hear
residents in Coconut Grove indicating, we don't mind you giving up waterfront property in one
part of the City for waterfront property in another, that any income should be used to purchase
other waterfront property.
Mayor Clark: All right, sir.
Mr. Odio: Can I ask you which one you're talking about? The...
Commissioner Gort: Bicentennial.
Mr. McMaster: The property next to Peacock Park.
Mr. Odio: Oh, you mean Triester's property.
138 September 22, 1994
Mr. McMaster: Right.
Mr. Odio: OK.
Mayor Clark: OK. Anything else?
Mr. McMaster: Last but not least, at the last meeting, I brought up the Storm Water Utility Trust
Fund, and I did meet with Mr. Dipak Parekh and Mano Surana. But I just wanted to say again, I
have concerns. The last page here, Line 1-B says additional contribution to Citywide
Administration, including last year and this year, and comes out to about nine million dollars?
Commissioner Plummer: No. According to what you gave me, four point nine.
Mr. McMaster: Right. But that's through '82 - I mean '92. Last year and this year's budget will
have about another two million in each, for a total of about nine million. And my question here
is, is this going to be another Gates case? This money is budgeted... is strictly for the Storm
Water Trust Fund. And we had a meeting yesterday, and I didn't get much information out of it,
as to where the money is going. I just wanted to say that we will be meeting with them again to
follow up on it...
Mayor Clark: All right.
Mr. McMaster: ... but I...
Mr. Odio: I would appreciate that, because we can show you the numbers.
Mr. McMaster: Right. When I met yesterday, there was no paperwork.
Mr. Odio: Well, we have it.
Mr. McMaster: You know, I was... I was shown the budget.
Mr. Odio: In fact, I can show you that the fact is, we have not charged all that we should have
charged through administrative costs to that fund, because we tried to be cautious with it.
Mayor Clark: Thank you, sir.
Mr. McMaster: OK. Thank you very much.
Mayor Clark: Thank you. Other persons want to...
Mr. McMaster: And excuse me. Thank you very much for preserving the Heritage Preservation
Board.
Mayor Clark: Thank you, sir. All right. That's it. Yes, ma'am.
Ms. Kathy Emery: I'm Kathy Emery from Shoreline Services, and I'd like...
Vice Mayor Dawkins: Pull the mike to you, please.
Ms. Emery: OK. I was here this morning, and I mentioned something about the elimination of
the solid waste services for commercial accounts, and I'd like to know if that is in the included
budget.
139 September 22, 1994
Mayor Clark: Mr. Manager will respond.
Mr. Odio: Yes. If we were to go back to the commercial accounts, we would have to find three
million dollars to add to this budget that we have here in front of you. The reason you liked our
services is that they were too low, cheap.
Mayor Clark: Yeah, almost free.
Mr. Odio: We have proposed to many... I talked to you.
Ms. Emery: Yeah.
Mr. Odio: We have proposed to many people that wanted to use the City services, if we would
increase, to charge you what the other private contractors are charging, most people said no.
You are the exception, and we can't deal with exceptions.
Ms. Emery: Well, let me tell you, I did have an account with the City, and I was never
approached with the proposition of an increase in my fees. And I have solicited private vendors
for quotes, and they are thirty-three percent lower than the City of Miami right now.
Mr. Odio: Well, then you should do it.
Mayor Clark: Well, you better use them, then.
Ms. Emery: No. But the terms and conditions of the contract are totally unacceptable.
Mr. Odio: They want a three-year contract. They want you...
Ms. Emery: Not only...
Mr. Odio: They want to... OK. Now, what I will do for you, madam - and I told you that
today - we will broker for you. We will intercede for you with them to make sure you get a fair
deal.
Ms. Emery: As well as the other people that need services from the City of Miami?
Mr. Odio: Whoever will do that, we'd be glad to broker for them, to make sure you get a fair
deal with them. That's the best we can do. But we cannot add three million dollars to the budget
of additional cost. But we will work with you to make sure you get a fair deal with those
companies.
Mayor Clark: Mr. Dawkins, you have the floor.
Vice Mayor Dawkins: Mr. Mayor, what's being said is partially true. For the last five years, the
Solid Waste Department itself went out and identified commercial accounts that were not
paying. We... I went with them. We went around and saw garbage cans, we saw where people
had placed it out, and we asked them, "Are you paying for garbage service?" They said, "No."
We said, "Why?" "Nobody has ever billed us." Now, the Manager said that we would identify
all of these people. The Manager formed a task force with which to identify commercial
accounts that were not paying. That fell and went down the drain. Commercial accounts can
pay for themselves, if we collect.
140 September 22, 1994
OA
Ms. Emery: Right.
Vice Mayor Dawkins: It's awful funny how this Commission set up a collection agency and
paid it a percentage of all of the monies that it collected for people who were hauled for EM
services, emergency services, to make it pay for itself, but nobody in the Administration thought
enough of the sanitation workers, because of who they were, to say, "Let's create an entity and
give it a percentage of the money that it collects, in order to preserve the jobs and what we
have." Ladies and gentlemen, there are three critical services that your taxes should provide you.
They don't think it's but two. Everybody will tell you Fire. It's wonderful, that is critical. We
don't have Fire and safety, we're lost. They tell you Police is critical. I agree. Without Police,
we don't have safety. But your garbage is critical, also. If garbage is not picked up, you have
disease and everything else. So the taxes that you pay, nobody should be able to tell you that
they cannot provide you a service with your taxes, and you have to pay for it. Now, I said
before, and I'm going to say today, and I have it here, in the minutes of June the 30th, when the
Mayor said - the Manager said he was going to put out an RFP` (Request for Proposals) for
garbage. I said, do not put out anything until the bids... the RFP comes in, and we are in a
position to find out what is least cost effective to the City of Miami. Let's see if we cannot find
a way to collect the garbage and pay. Mr. Williams, the Manager, and Mr. Surana, if I am in
error, they will correct me, for the last five years, the only person to give up jobs, money and
security has been the Sanitation Department. And if I'm in error, somebody correct me. And
everything that was given up by the Sanitation Department went to Fire and Police. Here, the
other week, they tried to pass a bond issue for Fire and Police. They did not put on the issue
that, let's pass a bond issue to pick up the garbage. Why? Sanitation workers don't count. So if
you're going to do anything, my fellow Commissioners, forget all of this, let them come back
with an RFP, and tell us that this is the way it can be done. You cannot tell me that this lady
may have a three - a triplex. She's renting two units, and living in one unit, and you want her to
have a commercial pickup? So therefore, she must go and get a container, and put a container,
perhaps, where she has to park her car, and there's no place to put the container, when she could
just put three garbage cans out there, and they'd be picked up by the garbage people. We need to
put a halt to this, go back out, let somebody come in with some bids, and tell us that... How
many companies did they tell you to deal with?
Ms. Emery: They gave me approximately fifteen companies.
Vice Mayor Dawkins: All right. Twenty companies, you're telling her to go out and see which
one can give her the best deal. If you had been sincere - Administration, I'm not talking to
you -- you would have said, here are three companies that you can get the best deal with. Take
one of these three. Don't put you at the mercy of twenty people.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding is that when we talked about the commercial accounts, I
received a lot of calls from people that own triplexes and four units. And my understanding, in
talking to the Sanitation Department, the way the rates were breaking down, the people in three
units were paying less than the duplex, and the people in four units were paying the same as the
duplex. So that's one of the problems I think that Sanitation should consider. My
understanding, Commissioner, is that commercial accounts is five units or above. Am I correct?
141 September 22, 1994
Mr. Ron Williams (Assistant City Manager): The way the Code presently reads, Commissioner
Gort, is two units and... three units and above. I'm sorry. Residential and du... Residential is
considered single-family and duplex. So it's three or above.
Commissioner Gort: But my understanding is that we were going to change that.
Mr. Williams: That's exactly what we have presented, and certainly, we've talked to your office
about recommending triplexes and quads to include in our program at curbside.
Commissioner Gort: Because in the real estate business, my understanding is that the four units
is considered residential.
Mr. Williams: Right. That would be changed...
Commissioner Gort: Anything above four units is considered commercial.
Mayor Clark: All right.
Mr. Williams: That would be the change that we would recommend.
Commissioner Gort: Thank you.
Vice Mayor Dawkins: Why would Commissioner Gort be the only one with that information,
that you were going to change from bringing down the three? Why is his office the only one
with that information?
Mr. Odio: No. Well, what happened is Commissioner Gort requested that we consider that, and
we are considering that, and then bringing back to all of you for approval.
Vice Mayor Dawkins: Why not send us a memo saying Commissioner Gort ask us to do this?
Mr. Odio: Because...
Vice Mayor Dawkins: So that we all know what we're doing.
Mayor Clark: Well, let... OK, Miller.
Mr. Odio: Well, I will. I apologize for that, and we will send you a memo informing you
exactly what we're going to do, because we were not... We did send a memo.
Mayor Clark. Please, please, now, just a moment. Don't let this get out of hand.
Mr. Odio: OK. I'm sorry. We did send a memo, Commissioner.
Mayor Clark: All right.
Commissioner De Yurre: OK. Mr. Mayor, if I may, to wrap this up, the bottom line is that
you're not going to tell us what to do. We're going to tell you what to do. Make sure that four-
plexes are included as residential, and that's that.
Vice Mayor Dawkins: Thank you, Mr. Mayor.
Commissioner De Yurre: OK?
142 September 22, 1994
Commissioner Plummer: Well, let me ask...
Mr. Odio: I'll bring you a copy of the memo with that...
Mayor Clark: Please, please, now, just a moment. Let's stop all this. You've requested help.
We're going to give you help. Now, what else do you need?
Ms. Emery: Not only have I requested help, I'm requesting help for all of the other people that
rely...
Mayor Clark: All right, fine. You're Joan of Arc. All right. We'll take care of that.
Ms. Emery: But can I make a comment?
Vice Mayor Dawkins: No, bye, bye, bye.
Ms. Emery: That Mr. Dawkins is a hundred percent right, that the service...
Mayor Clark: We know that. He's always a hundred percent right.
Ms. Emery: Well, I still want to talk. The service I receive from the City of... It's not a
question of price. I'm willing to pay a higher price, a much higher price.
Mr. Odio: Put that on the record.
Mayor Clark: Yeah.
Ms. Emery: It's a question of service. When I dealt with the private industry, previous to the
City of Miami, they skipped approximately every fourth pickup, as a matter of rule.
Mayor Clark: All right.
Ms. Emery: And I got tickets.
Commissioner Plummer: Can I ask a question?
Mayor Clark: Yes, sir.
Commissioner Plummer: You say that you could get it from the private companies for thirty-
three percent less. What were the things that you didn't like about getting a big savings of
money. Just give me one or two.
Ms. Emery: OK. One of the things is that they have the exclusive right to collect all your waste
material, including recyclables. So if you do your own recycling, they have the exclusive right
to demand that you use them for recycling, by virtue of this contract.
Commissioner Plummer: At an additional cost or at the same?
Ms. Emery: At an additional cost, which they don't even include in the contract.
Commissioner Plummer: OK. Are you indicating to me where in a private home, I pay...
Ms. Emery: No. I'm a commercial business. I have a commercial laundry with approximately
thirty minority employees, and garbage is one of my main requirements.
143 September 22, 1994
Mayor Clark: OK. Now we're getting down to the...
Commissioner Plummer: All right. My question to the Administration is, when you talk about
including a quad, four, that's four living units, my understanding then, that they... Each unit
would pay the same as a regular home owner?
Mr. Williams: That is not the way it is at this point.
Commissioner Plummer: Why not?
Mr. Williams: Because our structure had been low, and a regular homeowner would pay $160
annually. We had basically charged individual units $40. But as Commissioner Gort says, that
structure was so low that we need to clean it up. We will bring it back to you...
Commissioner Plummer: Well, if a family is...
Mr. Williams: We will bring it back to you, as you directed, including triplexes and quads, with
the appropriate charges.
Mayor Clark: Very good.
Commissioner Plummer: Well, you know, it seems like to me, a family...
Mayor Clark: Very good. Thank you, ma'am, for your input.
Commissioner Plummer: ... living, either way.
Mayor Clark: Thank you. We'll assist you.
Commissioner Plummer: That's it.
Mayor Clark: We just keep winding this thing up, we'll all wind up in garbage. Thank you.
Ms. Emery: Does that mean their service is definitely eliminated or...
Mayor Clark: The Manager requested you come to him, and he will assist you. All right?
Vice Mayor Dawkins: OK. Now, what are we going to do about this October 1 deadline?
Mr. Odio: We will cease collecting commercial accounts as of October 1 so...
Vice Mayor Dawkins: No, you will not.
Mr. Odio: That's the...
Vice Mayor Dawkins: No, you will not. That's what I'm here to vote for. I'm trying...
Mr. Odio: OK. OK.
Vice Mayor Dawkins: We will not cease to collect commercial accounts until this Commission
has established what commercial accounts are.
Mayor Clark: Well, we'll establish it. In the meantime...
144 September 22, 1994
Vice Mayor Dawkins: What is it?
Mayor Clark: I don't know what it is, but we'll find out.
Vice Mayor Dawkins: Well, I know one thing...
Mayor Clark: Everybody is trying to make a new law here today.
Vice Mayor Dawkins: All right. I move...
Mayor Clark: Damn it, I'm tired of this.
Vice Mayor Dawkins: OK. Mr. Mayor, with your... respect to you, I move that the October 1
deadline be moved to November 1, until the Manager can sit down and explain to me and the
rest of us what commercial accounts consist of, and how you differentiate between stores that are
commercial and homes that are commercial, and whatever. I so move.
Mayor Clark: Is there a second? Is there a second?
Commissioner De Yurre: Can you explain it right now?
Commissioner Plummer: Well, second for...
Mayor Clark: Please, please, now. Is there a second?
Commissioner De Yurre: Second for discussion.
Commissioner Plummer: Well, second it for discussion.
Mayor Clark: All right.
Commissioner Plummer: Under discussion.
Mayor Clark: Jesus, now we keep...
Commissioner Plummer: Mr. Manager, is that going to do any serious, serious damage to you?
Mr. Odio: Yes. To the budget, not to me.
Mayor Clark: Please, ma'am. Please.
Commissioner Plummer: See, my impression... My impression is very simple. A commercial
account is a commercial business. OK? Now, but... Excuse me. If you have four -duplex or a
four -unit apartment, you should pay $160 for each unit. I mean, that's a household, that's a
family, they generate the same amount. So if that's what we're talking about, that's... Well, I
haven't seen that, Mr. Manager. All right, it maybe did, but I didn't see it. All right, sir? Now,
there's no question, it's got to be. It's just a matter of fairness of how... who pays what, and
how.
Mayor Clark: OK. Any further discussion?
Vice Mayor Dawkins: Yes.
145 September 22, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: Who is going to pick up the trash, the cuttings, the grass from the
duplexes, triplexes, that you have declared commercial? Who's going to pick that up? We are.
So therefore, we're going to subsidize the private haulers for... These people out here, those of
you who live in the City of Miami, are going to pay a subsidy to the private hauler for picking up
commercial, and you're going to get stuck with the bill. No, that's not right.
Mayor Clark: Well...
Mr. Odio: If you remember, Commissioner, we had in the books and, I guess, wisely, maybe,
we deferred the street cleaning/sweeping fees, because we claimed then - that was nine years
ago - that when a commercial company picks up their containers, they do leave cuttings behind
and all that, and we have to come... We have responsibility to keep the City clean, so we have to
come behind and clean them up. That is true. Now, what we're going to do, they have agreed to
a twelve percent franchise fee that...
Mr. Williams: Up to fifteen percent, Mr. Manager.
Mr. Odio: Up to fifteen percent a year for whatever business they do within the City. That
should cover those things they leave behind.
Commissioner Plummer: Mr. Manager, if you were to charge in a quad - let's use that as the
example - $160 per unit, would that make up the deficit?
Mr. Williams: In the quads, absolutely, Commissioner, but...
Commissioner Plummer: Two unit...
Mr. Williams: But I think the Commission has directed...
Commissioner Plummer: No, no, excuse me, $160 per unit, whether it's a triplex, a three, a four,
or what.
Mr. Williams: Commissioner, it would not make up the Citywide deficit. Certainly, it would
make sense for us to include, as the Commissioner has directed, to continue servicing triplexes
and quads, and we agree with that. And what we bring to you for final approval will include
those units.
Commissioner Plummer: No, Ron...
Mr. Williams: And that amount, certainly, will cover the cost of that collection at curbside.
Commissioner Plummer: Mr. Williams, what I'm trying to do is trying to be a peacemaker here,
in between. If, in fact, we approve $160 a unit, then we can delay until November to make a
determination on the remaining, without the City losing the revenue that you say we're losing, if
that will work. If it won't, then tell me so.
Mr. Williams: The difficulty with that, Commissioner Plummer, is based on your resolution,
we've sent out that notice. Several property owners throughout this City have entered into
contracts, have entered into agreements, based on that policy that you've established.
Commissioner Plummer: All right.
146 September 22, 1994
,0'1 ram^+
Mr. Williams: And we've been proceeding forward. And certainly, as the Manager said, we've
identified that difference in the budget, and we need to proceed in that fashion.
Commissioner Plummer: Well, let me be a bad guy.
Mayor Clark: All right. Mr....
Vice Mayor Dawkins: One more question, please. Mr. City Attorney, anything that's legislated
by five members of this Commission can be unlegislated by five votes of this Commission?
A. Quinn Jones, III, Esq. (City Attorney): Actually, three.
Vice Mayor Dawkins: Sir?
Mr. Jones: Actually, three.
Vice Mayor Dawkins: Three? All right. That's all. Thank you.
Commissioner Plummer: Well, excuse me. This lady is not going to like what I'm going to say,
but she is a commercial business, and should be a commercial account. I'm sorry, that's my
feeling. All right?
Ms. Emery: I am a commercial account.
Commissioner Plummer: OK. Fine. But we're going to eliminate commercial accounts,
because we're losing our shirt on that. All right?
Mr. Odio: Why don't we do this. Let me offer in between here...
Vice Mayor Dawkins: You're losing your shirt, J.L., because you're not making an effort to
collect the money. I've been here for you... I've been here thirteen years. OK? Now, those
who just got here may not know. The City of Miami does not make a concrete effort to collect
garbage, commercial. Maybe they want to turn it over to commercials. I don't know why. But
we do not. We have not made a concrete effort, and I'll ask all of you...
Mayor Clark: We're going to do it, though.
Vice Mayor Dawkins: ... to give me one year, and I guarantee you, I'll show you how to get out
there and collect commercial accounts, and make them pay.
Mayor Clark: You got a deal.
Ms. Emery: Raise the price.
Mr. Odio. I will...
Mayor Clark: Raise the price. Tell these people you want to raise the price. You tell these
people.
Mr. Williams: Raise the price.
Mr. Odio: Ha! It will never...
Commissioner Gort: Mr. Mayor.
147 September 22, 1994
Ms. Emery: Most of these people do not depend on commercial pickup, but I have a business. I
have twenty-three minority to thirty minority employees. I'm in a target area. Garbage
collection is critical to my business. I'm willing to pay for it, and I'm willing to pay higher
taxes. I pay $3500 a year on my property taxes. I'm entitled to basic services, which is garbage.
And I have dealt with private companies, and there is no service. They skip pickups, they let
garbage pile up, the neighborhood deteriorates.
Mayor Clark: Can you get this lady a dispenser that she can put it in, and we can have it picked
up? Make sure that she's not being slighted.
Mr. Williams: Absolutely. Mr. Mayor, I've spent time talking to her. I gave her my card after
this morning, and the Manager and I have worked out a way to help her get a contract that made
sense for her particular business.
Mayor Clark: Very good. Just... We're going to try to...
Commissioner Gort: Mr. Mayor.
Mayor Clark: Thank you. Yes.
Ms. Eursala Wells: Well, I'm sitting here listening. What are you going to do about mine?
Mayor Clark: Oh, Jesus. Now...
Mr. Odio: What is yours, a commercial account?
Ms. Wells: Yes.
Mr. Odio: You will be looking for a private hauler at a lower price...
Ms. Wells: Yes.
Mr. Odio: ... to pick up your commercial account?
Ms. Wells: Yes. But I sure don't want to be assessed additional taxes to pick up trash on the
shoulder.
Mr. Odio: No, you're not. We are not doing that.
Ms. Wells: Please let me know what you all decide.
Mr. Odio: We're not doing... We're not charging you to pick up excess garbage on the
shoulder. The private hauler...
Ms. Wells: And you're not going to?
Mr. Odio: The private hauler has agreed to go up from six percent a year to fifteen percent a
year, so that we can pay for those additional services.
Ms. Wells: Mm-hmm.
Ms. Emery: No!
148 September 22, 1994
Vice Mayor Dawkins: But that's money going into the general fund that should be going to pick
up garbage for all of us.
Ms. Wells: That's right.
Vice Mayor Dawkins: See, so I...
Mr. Odio: And that's what we've been doing.
Vice Mayor Dawkins: No, no, no. That franchise fee does not... is going into your general fund.
It will not be earmarked for garbage.
Mr. Odio: I'll put it in the Solid Waste Department, Commissioner. I'll put those funds into
the...
Vice Mayor Dawkins: No. No. All right. No. You can do better than that. Let the Solid
Waste keep commercial, and let it support itself. That's what you can do.
Mayor Clark: All right. Let's move forward.
Ms. Wells: And if you need somebody to help you collect it, I'll help.
Mr. Odio: I'd like to...
Mayor Clark: Thank you, ma'am.
Mr. Odio: ... to offer this. Maybe that we put on hold the triplex and quadruplex for now, and
maybe bring it back next month and... or you can do it now, but... if you want to.
Mayor Clark: No, just relax now.
Commissioner De Yurre: Mr. Mayor, the motion is simple; that we include as residential
triplexes and four-plexes, and everything else is commercial, and that's the end of that.
Mayor Clark: All right.
Commissioner Plummer:
Victor, at the rate of a regular...
Commissioner De Yurre:
Sure.
Commissioner Plummer:
A unit is a unit.
Mayor Clark: $160 a year.
Yes.
Commissioner De Yurre:
$160 a year.
Mayor Clark: Motion...
Commissioner Plummer: I have no problem with that at all.
Mayor Clark: That's a motion, that's a second. You in favor of that, Miller?
Commissioner Gort: Well, he's got a motion on the floor, Mr. Mayor.
149 September 22, 1994
Commissioner Plummer: Well, the motion on the floor is...
Commissioner De Yurre: Well, we have his motion, but...
Mayor Clark: There was... Nobody seconded his motion.
Commissioner De Yurre: Well, I seconded it for discussion.
Mayor Clark: Are you finished discussing?
Commissioner De Yurre: I'm finished discussing.
Mayor Clark: You want to vote on it?
Commissioner De Yurre: Well, I'd rather... My only concern for seconding it was that I wanted
to clear the residential issue.
Commissioner Plummer: Discussion, yeah.
Commissioner De Yurre: To four-plexes. So I'm ready to vote.
Vice Mayor Dawkins: Against my motion, but he wants...
Commissioner De Yurre: Yeah.
Vice Mayor Dawkins: But he wanted to get it on the floor to vote on it, to settle it, so I have no
problem with that. So call the roll.
Mayor Clark: All right. Call the roll on Miller's motion.
Commissioner Plummer: Restate the motion, please, that we're voting on.
Ms. Matty Hirai (City Clerk): That the October 1st deadline be moved to November 1st, until
the Manager can come back and explain to the Commission what is meant by commercial
accounts, what they consist of.
Vice Mayor Dawkins: That was my motion.
Ms. Hirai: That was the motion.
Mayor Clark: Call the roll.
Ms. Hirai: You want me to call the roll on that?
150 September 22, 1994
W
e
Mayor Clark: Call the roll.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER DE
YURRE, THE HEREINABOVE MOTION FAILED BY THE
FOLLOWING VOTE:
AYES: Vice Mayor Miller J. Dawkins
NAYS: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
ABSENT: None.
Mayor Clark: Now your motion, Victor.
Commissioner De Yurre: The motion is to include as residential, triplexes and four-plexes, and
everything else is commercial.
Mayor Clark: Second?
Commissioner De Yurre: At the $160 a year rate, per unit.
Commissioner Plummer: And that's... that's an alternative. They can do that, or go private.
They have their choice.
Commissioner De Yurre: Sure.
Mayor Clark: All right.
Mr. Jones: Commissioner, keep in mind that this is going to have to be brought back as a Code
amendment, an ordinance.
Mayor Clark: That's all right. Yeah. This is intent.
Vice Mayor Dawkins: Brought back as what?
Mr. Jones: As an amendment to the existing code.
Vice Mayor Dawkins: So therefore, he can't start on the 1st of October until it's...
Mr. Jones: That's correct. That's correct.
Vice Mayor Dawkins: All right. OK. No problem.
Mayor Clark: All right. Call the roll.
151 September 22, 1994
o
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.94-715
A MOTION INSTRUCTING THE ADMINISTRATION TO PREPARE THE
NECESSARY LEGISLATION TO INCLUDE TRIPLEX AND QUADRUPLEX
STRUCTURES AS "RESIDENTIAL" FOR PURPOSES OF ASSESSMENT OF
GARBAGE FEES AT A RATE OF $160 PER UNIT/PER YEAR; FURTHER
STIPULATING THAT PROPERTIES WITH FIVE UNITS OR MORE SHALL BE
CONSIDERED COMMERCIAL; AND FURTHER STIPULATING THAT SAID
ACCOUNTS MAY OPT TO OBTAIN THE SERVICES OF A PRIVATE HAULER.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: You know, I'm going to make a statement, and then vote. This is why
you don't get no bond issues passed. You soak people with user's fees, and then you come back
and want them to pass bonds. I vote no.
Mayor Clark: I've lived here for about sixty-five years. Bond issues have never soaked me, so I
vote yes.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: I been here sixty-nine years. I still vote no.
Mayor Clark: I'm not talking about your age. I'm talking about living here. I'm a hell of a lot
older than you are right now. OK? Got that?
Vice Mayor Dawkins: You bragging or complaining?
Mayor Clark: I'm bragging.
Vice Mayor Dawkins: OK, then good. Get on with the show.
Mayor Clark: You feel as good as I do at seventy, you're going to be lucky.
1 152 September 22, 1994
Commissioner Plummer: Would you two senior citizens move on?
Mayor Clark: I'm trying to, if you guys would keep your mouths shut. Let's move forward.
What's the rest on this budget? Anybody else wants to... Do we have more garbage on the
budget, or budget on the garbage?
Mr. Surana: OK. We need a second reading on millage ordinance.
Commissioner De Yurre: On what?
Mr. Surana: Millage ordinance.
Mr. Jones: We closed the public discussion on the budget?
Mayor Clark: Yes, close the public discussion.
Commissioner Plummer: Now, under our discussion, Mr. Mayor.
Mayor Clark: Jesus.
Commissioner Plummer: I have a problem that I have talked about, and I want to talk about
now, and I would hope that the Commission would be in accord, so that I don't have to vote
negative on Code Enforcement. As you know, I have screamed and hollered about the
ineffectiveness of Code Enforcement. It's costing us almost a million dollars a year. I have met
with Carlos Smith, and I would like to propose the following that the Commission would agree
to. To give respect to the Code Enforcement, that whatever Code Enforcement Board, which is
designated by us, puts down to get a corrective measure, as required, that if they do not comply
within that period of time, that each month thereafter, that the reduction in the fee could not be
less than the first month, ten percent; the second month, twenty percent, until it reached a
hundred percent. In other words, the reduction of fee could not be reduced below that. The
second point, which I understand takes a change, is, in effect, that we allow Code Enforcement
to take these liens and get outside lawyers on a contingency basis, to go and try to collect. Now,
I know I'm going to hear about the little old lady that doesn't have anything, keeping fully in
mind that you cannot take a person's residence. We have one case, just to give you an example,
of about $200,000, that's owned by a mortgage broker. He's got other assets that we could go
and attach, and start to get a little respect. Now, I would hope that the Commission feels that
that is reality, that we can start getting these Code enforcements corrected, and I think this is the
way to do it. And if that is the case, then I'll go ahead and vote, if, in fact, the Commission will
help me pursue that area. I'll help you personally. I think you're right. You're right on target.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: To address this issue, I think that we have to deal with reality. If you
have a $250 per day fine for the same... and it's the same penalty, whether it's a different degree
of violation... There have to be different degrees of violation that accord to a different degree of
fine.
Commissioner Plummer: That is correct.
Commissioner De Yurre: You cannot charge $250 per day for something that may be minimal,
compared to something that's more grave in nature to what the violation is. And I think that if
153 September 22, 1994
we're going to start adhering strictly to payment of these amounts, then we need to structure
what kind of penalties carry what kind of violation, to make it more equitable with the situation.
Commissioner Plummer: Victor, my problem is, is to sit up and to tell the public that we have a
hundred million dollars in liens, people are laughing at us. And all I'm saying is, I'm not trying
to set what the fine is - and I agree with you, there should be different levels - but whatever that
fine is, that every month after that you delay, you're going to get less chance to negotiate. And
I'll tell you something, I think it's going to bring about immediate compliance. So if that's the
case, that you all are willing to work on that with me, I'm willing to go ahead and vote on the
budget.
Mayor Clark: We're willing to work with you. Let's move.
Commissioner Plummer: All right, sir. Thank you.
Mayor Clark: All right. Do you read something? Quinn, you got something to read?
Mr. Jones: Yes. This is the second reading of the millage.
Commissioner Gort: I got a question.
Mayor Clark: All right.
Commissioner Gort: Are we being asked that if we don't agree, we do not vote on the budget?
Is this what you're saying, J.L.?
Commissioner Plummer: No, no, no.
Commissioner Plummer: I didn't want to vote against the total budget for one issue.
Commissioner Gort: Good.
Commissioner Plummer: That issue, I separated out, and now, I feel comfortable that there will
be changes, and as such, I'm comfortable with the total budget.
Mayor Clark: I'm getting hungry. OK? What do you have to go... Go ahead with it.
Mayor Clark: It's after five o'clock. All right. Is there a motion?
Commissioner Plummer: I moved it.
Mayor Clark: Second? Call the roll.
154 September 22, 1994
An Ordinance entitled -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS
FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE
MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30,
1995; CONTAINING A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of September 8, 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 and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11179.
The City Attorney read the ordinance into the public record in its entirety and announced
that copies were available to the members of the City Commission and to the public.
Mr. Surana: Next item, second reading on budget.
Mayor Clark: You got it there, Quinn?
Mr. Jones: Yes.
[AT THIS POINT, THE CITY ATTORNEY BEGAN TO READ THE ORDINANCE
INTO THE PUBLIC RECORD BY TITLE ONLY.]
Commissioner De Yurre: Are we going to have discussion on this?
Mayor Clark: Who wants discussion?
Commissioner De Yurre: I got discussion.
Mayor Clark: Let him read it for the record first.
Commissioner Plummer: On appropriations?
Commissioner De Yurre: OK. Fine.
Mayor Clark: Go ahead, read it out. Quinn?
Commissioner Plummer: Victor, on appropriations? Appropriations?
[AT THIS POINT, THE CITY ATTORNEY COMPLETED THE READING OF THE
ORDINANCE.]
155 September 22, 1994
a� t
Mayor Clark: All right. Go ahead, Victor.
Commissioner De Yurre: OK. My only issue on the budget is the City Attorney's budget. I
want to adopt it as presented, and made part of this budget, and to make room in the present
monies to make up the difference.
Mr. Odio: Then we need to... You need to identify $900,000.
Vice Mayor Dawkins: Second. We'll find that at a later date.
Mr. Odio: OK.
Vice Mayor Dawkins: If we get three votes.
Mayor Clark: Well, we agree to it. We agree to this motion.
Commissioner Plummer: All right.
Mayor Clark: Is there a motion on the floor, Victor?
Commissioner De Yurre: Yes.
Vice Mayor Dawkins: I second.
Commissioner Gort: I don't have the budget.
Commissioner Plummer: I can't vote for it.
Mayor Clark: Call the roll.
Ms. Matty Hirai (City Clerk): Commissioner De Yurre.
Commissioner De Yurre: Yes.
Ms. Hirai: Commissioner Plummer.
Commissioner Plummer: I can't. I'm sorry. I can't vote for it. I could vote for the following:
That after this amount of money that's in the normal budget, that the City Attorney comes before
this Commission and presents a justification, we would find the money for it, I have no problem
with it. But...
Commissioner De Yurre: J.L., that should have been done a long time ago.
Mayor Clark: Please, please.
Commissioner Plummer. I agree, but it wasn't.
Mr. Jones: I did do that.
Mayor Clark: I vote for it. Continue the roll call.
Ms. Hirai: Completing roll call. Commissioner...
156 September 22, 1994
CQ tl
Vice Mayor Dawkins: Wait. I withdraw my motion - my second. OK? I'm not going to let this
happen. I move the motion as offered by Commissioner Plummer.
Commissioner Plummer: I didn't know I... I didn't offer one, but I was going to.
Vice Mayor Dawkins: Well, I move what Commissioner Plummer said as my motion. What did
you say, J.L.?
Commissioner Plummer: What I said was that we give the City Attorney what is presented in
the budget by the City Manager.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Anything beyond that would come before this Commission...
Mayor Clark: Justify by coming back.
Commissioner Plummer:... and justify, and at that time, we would make a decision, yes or no.
Vice Mayor Dawkins: I so move.
Commissioner Plummer: I second.
Mayor Clark: All right. Call the roll.
Mr. Jones: Mr. Mayor, before... May I just make a statement for, on the record, before you vote
on this?
Mayor Clark: Yes.
Mr. Jones: Back in May, you asked me to prepare a proposed budget, based on what the
transition team recommended to you, that I needed to improve the department to run a
department. I did that. I met with you or your staffs, individually, and went through what was
needed. The budget essentially provides for the three attorneys that were recommended by the
transition team; one to deal with the issue of the Code Enforcement problem that you noted; one
that deals with the area of collections and foreclosures. Secondly, the biggest problem that I had,
and I cannot continue to run a department like this, I've asked you and I've told you this
repeatedly, that our computer system is antiquated. It's hard for me to defend lawsuits, to run a
law office with antiquated equipment. Before the century ends, I would hope that you would at
least get us equipment that I can, you know, work with or have my attorneys work with. A
lawyer's tools are the tools of the trade. That's what those increases are.
Mayor Clark: All right.
Mr. Jones: The $900,000.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Mr. City Attorney, we said that we would pass what has been allocated,
and that if you come back and justify more expenditures, this Commission would approve it.
Mayor Clark: Address that...
157 September 22, 1994
W
Vice Mayor Dawkins: Now, we did not tell you that you cannot have the $900,000. And you
just told me some of the reasons why you need it, so you just have to come back before this
Commission and tell them, "This is what I need," and then if they don't give it to you, when you
lose a six million dollar suit, you tell us, "Hey, you all didn't give me what I needed," that's all.
Don't sit over there and argue about $900,000.
Mayor Clark: We can handle that stuff. You got a motion on the floor, J.L.?
Vice Mayor Dawkins: No, he seconded it.
Mayor Clark: Call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-716
A MOTION APPROVING THE LAW DEPARTMENT'S FY 94-95 BUDGET AS
PRESENTED BY THE CITY MANAGER; FURTHER STIPULATING THAT THE
CITY ATTORNEY MUST COME BEFORE THE CITY COMMISSION, AT A
LATER TIME, TO JUSTIFY ANY ADDITIONAL FUNDS.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Excuse me. I'll vote yes. You don't need a motion. It's part of the
regular budget.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Now, what else we have, Quinn?
158 September 22, 1994
Mr. Jones: That's it. You need to vote on the ordinance, the appropriations ordinance, which
has already been read.
Mayor Clark: All right. Did you read it into the record?
Mr. Jones: Yes, I did.
Mayor Clark: All right. Let's vote on that. Motion by Plummer. Second by Gort. Call the roll.
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1995; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of September 8, 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.
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11180.
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.
----------------------------------------------------------------------------------------------------------------
50. (A) DISCUSSION CONCERNING PROPOSED MILLAGE RATE AND
ADOPTED TENTATIVE BUDGET FOR DOWNTOWN
DEVELOPMENT DISTRICT FOR FY 1994-95.
�B) PUBLIC HEARING HELD.
C) SECOND READING ORDINANCE: DEFINING / DESIGNATING
TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI -- FIXING MILLAGE AND
LEVYING TAXES IN DOWNTOWN DEVELOPMENT DISTRICT
FOR FY OCTOBER 1, 1994 - SEPTEMBER 30, 1995.
Mayor Clark: What else do we have, Quinn? That's it?
A. Quinn Jones, III, Esq. (City Attorney): DDA (Downtown Development Authority).
Commissioner Gort: That was passed already.
159 September 22, 1994
0
Commissioner Plummer: No. I think it's a second reading, isn't it?
Commissioner Gort: We need second reading now?
Commissioner Plummer: Yeah.
Mayor Clark: On what?
Commissioner Gort: Move DDA budget.
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: Wait, wait a minute. I want to ask a question. I read in the morning
tabloid that there was an increase in the DDA. What does that mean? I didn't think you could
increase. You get a half mill.
Commissioner Gort: The assessment value went up.
Commissioner Plummer: The assess... That addressed the assessment value?
Mr. Surana: Yes.
Commissioner Gort: Yes.
Commissioner Plummer: OK. Thank you.
Mayor Clark: Do you have to read the ordinance?
Mr. Jones: Yes. This is the millage.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD BY TITLE ONLY.]
Mayor Clark: Moved by Plummer. Seconded by Gort...
Commissioner Plummer: Yeah. Let me... Let me come on back one time.
Vice Mayor Dawkins: I move it.
Commissioner Plummer: On the advertisement, this is not a tax increase.
Mr. Cesar Odio (City Manager): No.
Commissioner Plummer: If I'm not mistaken, Madam Clerk, Madam Clerk.
Ms. Matty Hirai (City Clerk): Yes, sir.
Commissioner Plummer: Did not the ad you inserted say that there was a tax increase for DDA?
Ms. Hirai: It was Budget that... That ad is not placed by my department, Commissioner.
160 September 22, 1994
Commissioner Plummer: Well, did I read in that, or did I misread that it was a tax increase? It's
not a tax increase.
Mr. Matthew Schwartz: No. That's the requirement of the State law, how it has to be worded.
Commissioner Plummer: Well, it's wrong.
Mr. Odio: It needs to be explained.
Commissioner Gort: I think the Manager should explain that, because it's very important.
Mr. Odio: It needs to be explained, because we haven't... This Commission hasn't raised the
millage, that is taxes, for the last ten years. However, because of a State law, if the assessment
value, that is if the value of your home or property, is increased by the tax assessor's office,
which is under the control of the County, by law, we have to project that as a tax increase, when
it's really not, because we, who control their taxes, did not increase.
Mayor Clark: Well, really...
Commissioner Plummer: Yeah, but you see, that puts us as...
Mr. Odio: I... It's very complex.
Commissioner Plummer: That puts us as the bad guy, when it's the assessor, which we have
nothing to do with.
Mr. Odio: As a matter of fact, I want you to know that in this year's budget, the taxes of the City
of Miami went down, went, actually, down, instead of up. Yet, when you advertise, because of
the trim bill, you have to say "tax increase," because the assessed value went up.
Mayor Clark: OK. Vote on it? We got to vote.
Mr. Jones: No. I need to read the millage ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS
ENTIRETY INTO THE PUBLIC RECORD.]
Mayor Clark: All right. Motion.
Commissioner Plummer: Second.
Commissioner Gort: Moved.
Mayor Clark: Does anybody want to speak on this? I don't think so. Call the roll.
Ms. Hirai: Mr. Mayor, before I call the roll, perhaps Mr. Schwartz would like to place on the
record responses to "A" and "B" as they appear on the agenda.
Mayor Clark: Do you have anything to add, Mr. Schwartz?
Commissioner Plummer: What?
Mr. Schwartz: Thank you. Matthew Schwartz, Executive Director, Downtown Development
Authority. Percentage increase in millage over rolled back rate, four and six -tenths percent.
161 ' September 22, 19.94
W
Specific for which the ad valorem tax revenues are being increased, response is the downtown
marketing program, $52,000.
Mayor Clark: All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA;
FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN
DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1994 AND ENDING SEPTEMBER 30, 1995, AT FIVE -TENTHS (5) MILLS ON THE
DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND
PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING
OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE-
LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED
BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO
SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT
BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE
FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED
SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11181.
The City Attorney read the ordinance into the public record in its entirety and announced
that copies were available to the members of the City Commission and to the public.
Vice Mayor Dawkins: Eighteen, we're going to hear 18 now?
Commissioner Plummer: No, no. Sports Authority.
Vice Mayor Dawkins: Oh, no, we got your budget, we got the Sports Authority.
162 September 22, 1994
Ms. Hirai: Twenty-six-B now.
Commissioner Gort: So move it.
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995;
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE
OR ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY
FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994
AND ENDING SEPTEMBER 30, 1995 FOR THE OPERATIONS OF THE CITY OF
MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11182.
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.
163 September 22, 1994
---------------------------------------------------------------------------------------------------_----------
51. APPROVE FY 1994-95 ADMINISTRATION BUDGET OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Did we vote on item 18, the tax anticipation notes?
Mr. Cesar Odio (City Manager): You need the Sports Authority, Commissioner - Mr. Mayor.
Commissioner Plummer: The Sports Authority, Mr. Mayor, I have...
Mr.Odio: Twenty-seven.
Commissioner Plummer: On 27, I move it as modified. The bottom line stays the same. It was
just moving around some items, and I move item 27, as its Chairman.
Mayor Clark: All right.
Commissioner Gort: Second.
Vice Mayor Dawkins: Second.
Mayor Clark: Do you have to read something?
Commissioner Plummer: No. It's a resolution, sir.
Mayor Clark: What's that?
Commissioner Plummer: It's a resolution.
Ms. Matty Hirai (City Clerk): It's a resolution, Mr. Mayor.
Mayor Clark: Moved and seconded?
Ms. Hirai: Yes, it's been moved and seconded.
Mayor Clark: Call the roll.
164 September 22,1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-717
A RESOLUTION, WITH ATTACHMENT, APPROVING THE FISCAL YEAR 1994-
95 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY.
(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.
Vice Mayor Dawkins: Mr. Mayor, a point of special privilege.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I was not here or something, when 18 passed, and I got a problem with
18, and I'd like to take ten minutes to try to clear it up.
Mayor Clark: Well, where's Plummer? Don't let him...
Vice Mayor Dawkins: No, not Plummer.
Mayor Clark: Tax anticipation notes. We haven't been doing that... Plummer's the one that
moved it, right? Where were you? Where did he go? Where did he go?
Vice Mayor Dawkins: No, I'm not... I'll vote with it, but he just... I want...
Mayor Clark: Can we hold that up till after we hear this thing?
Vice Mayor Dawkins: Yes.
Mayor Clark: Just hold that up, just a minute, then we'll get some sense back. Item...
Vice Mayor Dawkins: And they moved it because I was out.
Mayor Clark: That's all we got on this?
Vice Mayor Dawkins: You did it because I was out of here.
Mayor Clark: All right. Switch chairs. Where's Sergio? We'll come back to that.
165 September 22, 1994
e
NOTE FOR THE RECORD: At this point, Vice Mayor Dawkins
requested that agenda item 18 be brought back for discussion;
however, said request was not acted upon at this time.
[NOTE: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY TABLES CONSIDERATION OF THE REGULAR
AGENDA ITEMS IN ORDER TO CONSIDER AN ITEM FROM
THE PLANNING AND ZONING PORTION OF THE AGENDA.]
----------------------------------------------------------------------------------------------------------------
52. GRANT APPEAL -- REVERSE ZONING BOARD'S DECISION TO GRANT
SPECIAL EXCEPTION FROM ORDINANCE 11000 TO ALLOW AN
EXTENDED CARE FACILITY FOR PROPERTY AT 3800-3850 W. FLAGLER
STREET -- ZONED C-1 RESTRICTED COMMERCIAL. (Applicant: Jose M.
Alvarez, Miami Mental Health Center. Appellants: neighbors.)
Mayor Clark: Item PZ-14. That happy time. That is 3800 and 3850 West Flagler Street. We're
sorry we don't have enough room, but we have an awful lot of interested parties. For my sake,
would you identify yourselves. Who are the green sleeves? Are they for or against? Against.
Who are the fine multicolored? They're for. All right. Just so we can identify some. All right.
All those people... You don't all have to testify. Just sit there and listen. It'll be very
interesting. But if you testify, please raise your right hand and be sworn by the Clerk right now.
OK. We don't want five hundred people testifying, now. We won't allow that. So just get a
couple up there, Murray, to do what you can with them. And Mr. De Grandy, I'm sure you'll
handle the same side. All right. Please raise your right hand, whether you testify or not.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: Please. All right. Madam... Please read this into the record.
Ms. Lourdes Slazyk: OK. Sure. For the record, Lourdes Slazyk, Planning, Building and Zoning
Department. The request before you is for a special exception, it's an appeal of a special
exception, which was granted by the Zoning Board for the purpose of opening an extended care
facility at 3800-3850 West Flagler Street. The proposed facility is for temporary stay of persons
with mental illness problems. This facility is a relocation of the existing Miami Mental Health
Center facility, currently at 2141 Southwest 1st Street. The proposed relocation site is along a
major commercial arterial, and has adequate parking, ingress, egress, lighting, drainage, and all
of the other factors, as set forth in Section 1305 of Zoning Ordinance 11000. The Planning,
Building and Zoning Department is recommending approval, with the conditions as modified by
the Zoning Board, and I just want to read those into the record. First condition is that the facility
shall provide twenty -four-hour security, service, supervision at all times. Condition number two
is that client's stay shall be temporary, not to exceed thirty days. Number three, the facility shall
be limited to non -dangerous mentally ill. Number four, a CBS (concrete block structure) wall to
be approved -by the Planning Division shall.be provided along the rear of the property where it is
.166 _ September 22, 1994
adjacent to residential areas. Number five, the Zoning Board has required a one-year review
after the issuance of certificate of occupancy. Number six, the Zoning Board has requested that
the applicant distribute information packages in English and Spanish, prior to the issuance of a
building permit, to all the neighbors. Number seven, no resident patients are allowed around the
perimeter of the facility. And number eight, a security guard must be available from five p.m. to
nine a.m. for both the inside and outside of the facility. The Planning, Building and Zoning
Department recommendation is approval with the revised conditions, based on findings that
upon compliance with the conditions, the facility will have no adverse impacts on the adjacent
residential area.
Commissioner Plummer: Anybody testifying to be sworn in?
Mayor Clark: They are sworn.
Commissioner Plummer: They have? Oh.
Mayor Clark: Now, let me make a statement before we start. This is a very emotional issue.
I've had some calls that tell me that this thing is all greased, it's going to pass, and everything
else. Whoever is making that statement out there, whether you're for it or against it, is making...
really committing a falsehood. This Commission is sitting here in toto tonight to listen to the
facts of this case. We will vote our convictions. But I don't want people coming back, saying
that it was all greased, and everything was all right, it's going to pass, forget about it, and
everything else. We will wait and see what happens. Mr. De Grandy, identify yourself for the
record.
Mr. Miguel De Grandy: Thank you, Mr. Mayor. Miguel De Grandy, of Greenberg, Traurig, at
1221 Brickell Avenue, representing the applicant, Miami Mental Health Center.
Commissioner Plummer: We hear the appellants first.
Mayor Clark: No? Is this is an...
Mr. Sergio Rodriguez: It's an appeal.
Commissioner Plummer: It's an appeal yeah.
Mayor Clark: You're appealing?
Mr. De Grandy: Yes, it's an appeal.
Commissioner Plummer: Yeah.
Mayor Clark: All right. Let's hear... Yeah, that's right. Excuse me, Miguel. Mr. Dubbin.
Mr. Murray Dubbin: Mr. Mayor, my name is Murray Dubbin. I'm an attorney in Miami. I'm
joined with Maria Metropolis, my associate, and we represent Douglas - LeJeune - Flagler
Neighbors, and Business Association, Inc., which is comprised of neighborhood residents and
business people living within the three hundred and seventy-five foot radius, and living without
this three hundred and seventy-five foot radius. In addition, the appeal has been taken on behalf
of the following individuals: Angel Urquiola, 25 Southwest 38th Avenue, Miami, Florida; Maria
Medina, 185 Southwest 38th Court, Miami; and Armando Diaz, 24 Southwest 38th Avenue,
Miami, as well as other adversely affected citizens. Your Honor, I suggest that the proper
procedure, even though this is referred to as an appeal, would be to have the applicant pursue
their case first, for this reason: Under the Code, Section 934, the grant of a special exception for
this particular type of use, which is defined as a community -based residential facility...
167 September 22, 1994
Mayor Clark: Please, Mr. Dubbin.
Mr. Dubbin: Yes, sir.
Mayor Clark: The procedure is the appellant goes first, whether that be the applicant or the
appellant. Proceed.
Mr. Dubbin: OK.
Mayor Clark: That's the procedure.
Mr. Dubbin: Then we will proceed first. Mr. Mayor and members of the Commission, I've
introduced myself and the firm, introduced the people that I represent. The people, individuals
that I represent, as you, Mr. Mayor, have astutely noticed, are all wearing green tags. They're
doing that so that you'll be aware of those of us in the audience who are seriously concerned,
and who wish to be identified as being in opposition of this application.
Mayor Clark: Now, let me make this statement. You all need not just stand there, now. If you
want to retire out to the lobby, you'd be a little more comfortable than just choking everybody up
inside. If you'd like to retire to the lobby, it's fine. You'll be able to hear us. This is not going
to happen in five minutes.
Commissioner Plummer: I don't see any mad rush.
Mr. Dubbin: Mr. Mayor, the position of the people that I represent - well, we'll refer to them as
appellants - is twofold. One is a legal position, and two is a position which is more substantive.
And with your permission, I will make... get into the legal position first.
Mayor Clark: You do your job.
Mr. Dubbin: Basically, the proposal is for an extended care facility for persons with mental
health problems to be located at the address that you read, West Flagler. This area is zoned C-1,
restricted commercial. We feel that the applicant has not met the legal requirements of the Code.
Now, the applicant may be prepared to do it today, but the applicant absolutely did not meet the
requirements at the Zoning hearing. I have a tape of the Zoning hearing which I went over, and
it's awfully long. Some critical elements were missing, and with your permission...
Mayor Clark: I witnessed it on television, so you don't have to bring me up to date.
Mr. Dubbin: With your permission, I'm going to distribute what we'll refer to as Appellant's
Exhibits 1 through 3.
Mayor Clark: All right.
Commissioner Plummer: That's all right. That's all right. I'll just vote against you. Don't
worry about it. We'll share one here.
Mr. Dubbin: I'd like for you to take... I'd like to refer you to the contents of what I've just
handed out. First document is the notice of appeal, which speaks for itself, but we very clearly
pointed out that the reason for our appeal is that the application failed to meet the requirements
of 934...
Commissioner Plummer: Excuse me. Mr. Dubbin, excuse me.
168 September 22, 1994
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Mr. Dubbin: Yes, sir.
Commissioner Plummer: I'm going to hand this, because you're going to be speaking to a legal
matter.
Mr. Dubbin: That's correct.
Commissioner Plummer: And you did not give one to the City Attorney, so I'm going to split
with Mr. Gort, on the record, so there's no violation of moonshine, (sic) because you're going to
have to get a legal description from the City Attorney as to what you're speaking about, and I
think that's very important, sir.
Mr. Dubbin: I think it's very important, and this had happened... This is, of course, a legal
proceeding. This is the only shot I get at making a record, and the only shot that the applicant
gets at making a record so...
Mayor Clark: Take your best...
Mr. Dubbin: Even though it's boring, I have no choice but to attempt to show you where I
think...
Mayor Clark: Take your best shot. Go ahead.
Mr. Dubbin: Thank you.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, could the record also reflect that the
applicant also gave a copy of these documents to opposing counsel.
Mr. De Grandy: Appellant to Applicant, yes.
Mayor Clark: Now, we've got that out of the way. Proceed.
Mr. Dubbin: The notice of appeal, which speaks for itself. Now, I'm going to refer to the
second item, which we call Exhibit 2, is or should be applicable sections of the Zoning Code. If
your copy has it as Exhibit 3, let me go through it anyway. First, I want to call your attention to
the excerpts from the Zoning Code, and we're excerpting from Section 401 of Ordinance
Number 11000, which is the Zoning Code of the City of Miami. And the excerpts that I've taken
are taken from my copy of the Code, which shows Supplement Number 2, which shoes that the
amendments, as of the 1st of January, 1994, and I believe this to be the law today. First, I want
to call the attention to the Commission of, on page 109 - and I've highlighted it for you - it's
called O-Office. What this does is describe office district. Now, the relevancy of that, if you'll
turn to page 110, this provides that conditional principal uses may be given by special exception.
Number 3 makes reference to community -based residential facilities, pursuant to Section 934,
only permitted by special exception with City Commission approval. That's what you're in the
process of doing now. However, this is a C-1 Zoning District. So if you'll turn to page 116,
you'll see excerpts from C-1 Restricted Commercial. If you'll then turn to page 118, you'll see
that there are conditional principal uses. And the first additional use is the same conditional uses
as contained in "O", and that's why I introduced "O", because this type of use can only be done
by special exception. I think everyone accepts that. This goes on to say that if the community -
based residential facility is for more than fifty patients, then under... It can be provided in this
district, the same as if it's under thirty - fifty patients, with City Commission approval, pursuant
to 934. Now, what is 934? I would refer you to page 382. Now, I've highlighted these. Section
934 defines "community -based residential facilities." And the first thing it says is that the
169 September 22, 1994
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community -based facility shall be subject to the following requirements and limitations. 934.1 is
the definition of the facility, and it includes a multitude of uses: A room, with or without board,
resident services, twenty-four hour supervision. Such a facility functions as a single
housekeeping unit. This category includes adult congregate living facilities and facilities for
physically disabled and handicapped person, for developmentally disabled persons, for non -
dangerous mentally ill persons, and for dependent children, as licensed by Florida Department of
Health and Rehabilitative Services. It goes on to make reference to alcohol and drug
rehabilitation, and other correctional facilities. The use being applied for is... comes within the
definition of a community -based residential facility. 934.2 requires that all existing and
proposed such facilities register with the Department of Planning, Building and Zoning, and it
gives a list of the information required. Then 934.2.1.1 requires that the Department of
Planning, Building and Zoning provide and maintain an official map that shows the location of
all existing community -based residential facilities, and a registration file. And it goes on to say
in 934.2.2, special exception required all proposed community -based residential facilities are
permissible only by special exception, with City Commission approval, subject to the following
requirements of limitations. It means you can't have one of these things unless the following
criteria apply. 934.2.2.1, a proposed community -based residential facility shall not be located in
any census tract where residents of existing community -based residential facilities comprise two
or more percent of that census tract's current total population, as estimated by the City of Miami
Planning, Building and Zoning Department. There's a second criteria that such a facility shall
not be located within twenty-five hundred feet of another facility that falls within that definition.
Then it goes on to have some logistical requirements. Recreation, open space, yards, interior
space, and one that I think affects this application is your off-street parking. This requires one
off-street parking space for each staff member, and one off-street parking space for each four
residents to be provided. Testimony before the Zoning Board was that there would be a hundred
and twenty-five staff members, and up to thirty residents, and they've got fifty parking spaces. I
would like to then call your attention to Exhibit... it's either marked 2 or 3 on your copy. It's the
only... It's the third exhibit left. And it's a composite exhibit. The first part of that exhibit is
August, a letter of August 9, 1994, from me to the Planning, Building and Zoning Department,
pointing out that the... asking... making reference to census tract 56, which is the census tract
where this is located, and asking that... I point out a community -based residential facility is
defined in 934.1 of the City Code, pursuant to 934.2.1, all such facilities are required to register
with the department. And pursuant to 934.2.1.1, the department is required to provide and
maintain an official map that shows the location of all community -based residential facilities and
a registration file. I requested a copy of it, and ended, "If there's a charge for this service, please
advise. Thank you for your courtesies." August 16, 1994. The next part of the exhibit, is a
letter to me. "This is in response to your letter dated August 9, 1994, regarding information on
community -based residential facilities. I am sorry to inform you that we do not have the type of
information you are requesting on these types of facilities. If you need any other type of
information or any questions answered, contact Tomas Menendez." And this is signed by the
Deputy Director, Chief Building official who is in charge of this. The third sheet in this exhibit
is a picture of the City of Miami and all of its census tracts. And you'll see highlighted in yellow
that Census Tract Number 56 is the census where this facility is located. And without... Before I
speak further, I would like to offer these three documents, items in evidence, for the record.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, I think that I maybe should clarify
at this point, because you're following the train of thought of the arguments made by Mr.
Dubbin, that all the arguments...
Mayor Clark: No, sir. No, sir. We're following a list of your ordinance.
Mr. Rodriguez: No. Let me try to make my point, please. The arguments that are made by Mr.
Dubbin are referring to Section 934, which is not applicable to this particular application. The
application that has been made by the Mental Health Clinic was for an extended care facility,
170 September 22, 1994
PON
which is defined in our ordinance, in Section 25, and covered by a different set of regulations
which are completely different than the one that he mentioned. So this is important that you
know, right now. I didn't want to interrupt his presentation, but the whole arguments that have
been made by him are based on the fact that they believe, or he believes that this is a community -
based residential facility, and this is not. It's not. It is called in our ordinance, and in the
application that was approved by the Zoning Administrator, and found legally sufficient, that this
is an extended care facility, as defined in Section 25 of Article 25 of the Zoning Ordinance.
Mr. Dubbin: Maybe so, Mr. Mayor, but I'd like to read you the basis of my opinion.
Vice Mayor Dawkins: Mr. Mayor, may I just see if the City Attorney agreed with that, please,
sir?
Mayor Clark: Well, I'm sure he agreed with it.
Mr. Maxwell: Yes, sir, I am a hundred percent in agreement. I don't...
Mayor Clark: OK. Good, good.
Vice Mayor Dawkins: Good. That's it. Thank you.
Mr. Maxwell: I don't know how Mr. Dubbin did that.
Mayor Clark: Well, just wait and find out. You'll learn something, maybe.
Mr. Dubbin: Well, I just read your Code.
Mayor Clark: Go ahead. Go ahead.
Mr. Dubbin: Let me read. This category includes adult congregate living facilities, and facilities
for physically disabled and handicapped persons, for developmentally disabled persons, for non -
dangerous mentally ill persons and for dependent children, as licensed by the Florida Department
of Health and Rehabilitative Services. And if that isn't black and white, and clear and easy to
understand, I swear, I just don't know what is. There's nothing in the record that's been offered
to show the number of residents of this type of facility in that zoning... in that census tract, and
they can't put it in the record, because the Department has not lived up to its ordinance's
required obligation, to set up a map showing all these facilities, and setting up a register. And if
they have such a map and such a register, and on my request, they refused to provide it to me,
then I think we have something else to talk about. But I'm not interested in taking on the
Department right now. I'm not interested in taking on my good friend, the Assistant City
Attorney.
Mr. Maxwell: Very good friend.
Mr. Dubbin: But I am interested in making sure that if, God forbid, this imposition is placed on
the heads of my clients, that it's done in accordance with the law, and that's why I bring this up.
That's the first part of my argument.
Mayor Clark: Continue.
Mr. Dubbin: In fact, if this were... Second, I would like to suggest that - very strongly - that the
use that's being proposed is incompatible with the neighborhood. There's no question, this is in
a CH-1 District, and there's no question that if this were in an O District, they could have
appeared before you, just like that, and asked for what they're asking for, which is a special
171 September 22, 1994
exception. This happens to be a CH-1 Restricted Commercial District that lies flat up against
single-family residents. In fact, it's two blocks away from Coral Gables, which is neither good
nor bad, but this is an entire single-family, residential area, right back up against this, the back of
this, the wall of this building - right now, it's a tall hedge - back and down, as many blocks as the
eye can see. People who are sitting here represent... are people who live, "A", in the three
hundred and seventy-five foot area; and "B", people who live beyond the three hundred and
seventy-five foot area. They're scared to death, because what's in process is a change in their
way of life. Here, they... Yes, they've lived adjacent to businesses. This property, before this
application was made... That's a vast piece of property. I think it's about three hundred and
seventy feet along on Flagler Street, was committed to an insurance agency, and the insurance
agency used it. The insurance agency trampled on their lawns, and parked their cars, and broke
their sidewalk. But it was a legitimate non -conditional use. So here we have this, which is
striking fear in their hearts, and they are very real problems. Their property values have
dropped. Signs are up all over the neighborhood for sale. Let me say this. These people, my
clients and people like me are not accustomed, and don't take on the air of being bad guys. We
feel that there's a need for this facility in the community. There's no objection to that, and
nobody's objecting to... wearing these colorful banners, most of whom work for the facility, and
nobody's questioning that, or their ability. They're just saying, it doesn't belong here. I would
like to call Mr. Angel Urquiola, who is Vice President of the association, and ask if he would
answer a few questions. Would you give your name and where you live.
Mr. Angel Urquiola: Good evening, gentlemen. I live in 25 Southwest 38th Avenue. My name
is Angel Urquiola. I bring...
Mr. Dubbin: How long have you lived there?
Mr. Urquiola: I live over there for 18 years, and this is my neighbors.
Mr. Dubbin: What part of... Where is the building, the facility, in relation to where your house
is?
Mr. Urquiola: It's about forty-five feet from my house.
Mr. Dubbin: Did I ask you to have pictures taken of the neighborhood?
Mr. Urquiola: Yes, sir, and I have the pictures with me. I got started with my own...
Mr. Dubbin: Before you proceed, I plan on offering these pictures to the Commission for their
view. I don't have extra copies for you.
Mr. De Grandy: May I review them?
Mayor Clark: Well, we'll give you a chance to see them.
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Dubbin. Would you kindly place the statement
on the record, please.
Mr. Dubbin: It'll end up in your possession.
Ms. Hirai: Yes. I am requesting if you would kindly place your statement on the record when
you speak.
Mr. Dubbin: You didn't hear me?
-172, September 22, 1994
Ms. Hirai: Yes, sir, I did. It's just for transcription purposes.
Mr. Dubbin: OK.
Mayor Clark: OK.
Mr. Dubbin: Would you identify these pictures, where...
Mr. De Grandy: Mr. Mayor, may I have an opportunity to review the pictures prior to
presentation?
Mayor Clark: Sure.
Mr. Urquiola: These pictures.
Mr. Dubbin: Absolutely.
Mr. Urquiola: I give it to you later.
Mr. Dubbin: I'll give them to him now.
Mayor Clark: Let him see them. Let me see them. Murray, when you finish, bring them up
here, will you?
Mr. De Grandy: Thank you, Mr. Mayor. Thank you, sir.
Mayor Clark: We'll get them to you, Madam Clerk. Bring them right here.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Mr. De Grandy: No objection.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Ms. Hirai: Yes, sir. You're introducing it into the public record.
Mayor Clark: Let me have them up here. Let me see them.
Mr. Dubbin: Mr. Mayor, I would request that that be considered Composite Exhibit Number 4
of the... Mr. De Grandy's agreed not to... to accept them into evidence, so you don't have to go
through each one.
Mr. Urquiola: Oh, OK. Thank you.
Mr. Dubbin: OK. Stay where you are. Mr. Urquiola... Mr. Mayor and members of the
Commission, I'm going to ask perhaps five of the residents in the area to come forward.
Mayor Clark: Proceed. Proceed.
Mr. Dubbin: Mr. Urquiola, would you proceed to tell the Mayor and the Commission the effect
of this proposal.
Mr. Urquiola: OK. I try to find out by myself...
173 September 22, 1994
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Mayor Clark: Yes.
Mr. Urquiola: ... what is going to happen with my property, where I live for thirty-eight or
eighteen years, and I call real estate business, and I put my house on sale. The value of my
house is about $150,000, see. My lot is a hundred and fifty -six -by -fifty. And the estate realtor
told me right now, this property, all the value is only $60,000. I want you, Mayor and the City
Commissioners to realize what is going to happen with the City of Miami with six hundred or
eight hundred single-family homes in this area, if the value go all the way down, less of fifty
percent, how many tax money the City got to lost. I put... I am mathematic, and I put in the way
the City need money, need tax. Why they have to kill eighteen hundred single-family tax, all the
way down to the house. You know how much I pay, Mr. Mayor? $1600 a year tax. And I pay
less.
Mr. Dubbin: Do you have a... I'd like to ask Barbara Santos to come forward. Would you state
your name, where you live, and...
Ms. Barbara Santos: Yes. My name is Barbara Santos, and I live at 3812 Southwest 1st Street,
which is right behind the alleged mental facility. My family and I are in support of this
association, and would hereby like to express our concerns regarding this mental facility. Being
hard working middle class workers, we have had to struggle all of our lives to get whatever it is
that we have in our lives. We have always lived in this area for many reasons, and have enjoyed
a pretty much safe and quiet neighborhood. Approximately four years ago, we began house
shopping, and since we wanted to stay within the area, it was not very easy to find a good, used
residence in this area that had the potentials we were looking for. However, being that we are...
our property is right behind Coral Gables, it did offer us a good livable used home with the
potentials we were looking for, and at a reasonable price. We purchased the home, knowing that
it would increase in value with time, due to the fact that it is so near Coral Gables, besides the
additions and bettering that we did to the property. I cannot state for a fact that we pay... that our
taxes are as high as the Coral Gables area, but we have conversed with the real estate brokers
and so forth, and our neighbors that do live in the Coral Gables area, and they do agree that we
pay as much taxes as they do. However, before we went ahead and decided on this home, we did
take precautions, such as screening our neighbors, to get to know them better, and to just
familiarize ourselves with the people that lived in this area. We have put plenty of time, effort
and money in this home, just because we decided that this was the home and the neighborhood
that we would want to have our kids live in and raised in. The opening of this facility would
incredibility depreciate our properties, and would make it totally impossible for any one of us to
sell our homes, like it's already been stated. I ask you, who would want to purchase a home at
this moment, knowing that it's across from a mental facility? I don't think any one of us would,
right? My husband and I both work many hours, and aren't usually home at the same time. That
means that I usually get home with my two daughters, ages three and eight, and it's usually past
six -thirty, so it's already nighttime. The fact that we do not have a garage affixed to my house
means that I have to walk out of my car outside, into my front door. I can never do this in a
quick manner, because I have, like I say, I either have to carry my little one, or have things to
take out of the car, meaning that I have to walk back and forth from my car a couple of times,
leaving my front door open and my car door open. Once these people that are... realize that this
mental facility will not turn these people away, they will... and that they will be offered bed,
food, and clothes for a period of approximately thirty days, they will keep coming back, creating
a traffic of overdosed individuals, whether it be by drug, or alcohol, or simply mentally ill
individuals. These are individuals who will arrive at this facility in a depressed and threatening
state of mind, and we are all genuinely fearful of these individuals, when they are under the
influence of alcohol, or drugs, or mentally ill. We are trying, all, to give our children a better
world, and not introduce them to this atmosphere, simply by opening our front door, much less
endanger their lives and ours. Thank you.
174 September 22, 1994
Mayor Clark: Thank you for your testimony.
Mr. Dubbin: Vivian Aquino.
Mayor Clark: Let's not try to be repetitive. Something new.
Mr. Dubbin: Try not to be.
Mayor Clark: Please, sir. Give us your name for the record.
Ms. Vivian Inez Aquino: Hello. My name is Vivian Inez Aquino. I live at 3931 Southwest 2nd
Terrace. I live outside the three hundred seventy-five feet, but I have lived in this community
since I came from Cuba, and was six months old. I have lived in that home since I was six
months old, and my parents bought it twenty-eight years ago, for a cost then of $14,900. Today,
with the renovations they have made, the struggles they have undergone, they have put me
through school at a local school, Saint Michael, and have worked in the area. Their house is now
worth $300,000. An appraisal recently done, after all this began, I cannot sell that home for over
$200,000. How do I tell my parents, who have worked, who worked hours on end, when they
came from Cuba, that the years they put into this home, to have this home, to pay for this home -
it is paid in full - is now worth, you know, a part of what they put into it in the years? We have
seen the neighborhood, time and time again, been violated, but we have decided to be in the
neighborhood. Today, here with me, I have my sister, my brother-in-law, three of my
neighborhood friends, who went with me to Saint Michael's, a Catholic school in the area, and
they have all, just like me, have decided to come back and live in the area, to raise our kids in the
City of Miami. We have not decided to go out to Kendall, or to Homestead, or out to Pinecrest,
and looking... - or to Coral Gables. We have decided to stick it out in Miami, because we
believe in Miami, we grew up in this City, and we want to stay there, and we want to see our
family and kids stay there.
Mayor Clark: Thank you, ma'am.
Mr. Dubbin: I have two more, Mr. Mayor. Raul Vallejo. Raul, where are you?
Mayor Clark: Your name and address for the record, please, sir.
Mr. Raul Vallejo: Raul Vallejo, 3881 West Flagler Street, just across the building proposed.
Mayor Clark: OK.
Mr. Vallejo: First of all, I would like to say good evening to the Mayor and Commissioners.
I'm not going to be extending myself too much, just because you already have different views. I
am in favor of those same words, and these other ladies talk about it. I'm a realtor myself, so
I'm not going to extensively tell you what's the devaluation, and because of the appraisals on the
property, and the taxes, because you already know. I'm going to tell you the stress of my
building. Apartment Number 107, Naomi Belies (phonetic). Last month, she had to be operated
on an emergency, because of a cardiac arrest. She came back two days ago. I did not talk to her
about and mention about these problems. Apartment 116, Jose Menendez. Last week, he had to
be transferred to a different situation. He looks, walks around like a zombie, which aren't
himself. Apartment 202, Manual Arias. He is in the depressed situation that he might need to go
to 21st Avenue and 1st Street to be recovery there. Could be helpful. 233 Apartment, Miguel
Barona Galvis, an attorney, very decent person, eighty-seven years old. He is just opposite. His
windows, he don't even open the door. He told me, "Give me a telephone call," and I talked to
him last night. He said he saw some trucks disembarking, and loading and unloading some stuff,
and he was afraid to death. He can't come today. In Apartment 303, this is Angel Aguiregaviria
175 September 22, 1994
(phonetic). After the meeting we had with our attorney last Monday, and our neighborhood,
with all the neighbors, he had a bad accident in LeJeune Road. He passed away. That's the only
thing I have to say to you. Thanks a lot.
Mayor Clark: Thank you, sir. All right. One more, Murray.
Mr. Dubbin: Betty, Beatriz Faraldo. Ms. Faraldo.
Mayor Clark: Your name and address for the record.
Ms. Beatriz Faraldo: Yes. Good evening. My name is Beatriz Faraldo, and I live at 3950
Southwest 4th Street.
Mayor Clark: Yes.
Ms. Faraldo: Like all the other neighbors said, have you, Mayor and Commissioners, do you
know the area? Have you visited the area? Do you know the area we're talking about?
Mayor Clark: For years, absolutely.
Ms. Faraldo: Years and years. OK. Then it... That area was also called "Little Gables." If you
check the homes in that area, we have... They're all single-family home areas. They run from
$120,000 to $300,000 for all the renovations and things we've done to the homes. My
experience with the project that they want to put up front on Flagler Street, I have worked with
Mr. John Jeseke (phonetic) on the drug rehabilitation center that he has a 28th Street and 22nd
Avenue. It's the same facilities that they actually want to put in this area. The patients there,
they are mentally ill, but they're mentally ill because of a problem. Usually, the problem of
these mentally ill patients are drug dealing. In order to maintain those patients under sedation,
they have to use different kind of drugs. One of them that we are aware of is Haldol. For that
kind of medicines, the patients have to be tested a certain... every fifteen days, I believe, blood
testing, to make sure that the level is not high or low. If it's very high, then they have to reduce
the doses. By doing that, those patients, never forget, they're not in jail, they can walk within
the neighborhood, and they walk, they talk to themselves, they can steal, they can even rape, or
do something, without them even knowing that they're doing it, because they don't know what's
wrong from right. What are we asking these Commissioners and Mr. Mayor, is not to place this
facility in an area that is a single-family home area. I believe if we could find other facilities to
help these people out, I think all of us are willing to help, but maybe in another place. Can we
find something in the Krome area, and help them there?
Mayor Clark: All right.
Ms. Faraldo: But please, try to keep these people away from single-family home areas.
Mayor Clark: Thank you. Thank you, ma'am.
Mr. Dubbin: Mr. Mayor and members of the Commission, I am sure that you realize that there
would be dozens more speaking...
Mayor Clark: I know that, I know that, because...
Mr. Dubbin: ... but I don't think it's necessary. And that will be the last, those five will be all of
the oral testimony that we'll offer today. Now, as I under...
Mayor Clark: All right. You'll have some time in rebuttal.
176 September 22, 1994
Mr. Dubbin: OK. That's what I was going to ask you.
Mayor Clark: No problem.
Mr. Dubbin: Thank you.
Mayor Clark: Now, let me tell you, we started at six-o-seven. The clock is six -forty-nine. You
have that much time.
Mr. De Grandy: How much time, sir?
Mayor Clark: You have forty-one minutes, forty-two minutes.
Mr. De Grandy: OK.
Mayor Clark: Equal time.
Commissioner Plummer: We'd appreciate you taking less.
Mr. De Grandy: Sir, may I inquire how much time will be left for rebuttal so that I...
Mayor Clark: You have no rebuttal. They have the rebuttal.
Mr. De Grandy: That's what I mean. Would it be fair to have the same total time?
Mayor Clark: Two minutes. You have two minutes rebuttal.
Mr. De Grandy: OK. Thank you very much, sir.
Mayor Clark: Yes, sir.
Mr. De Grandy: Let me give you first an order of presentation. I want to present legal
arguments first, as to the standards of appellate review, discussions as to the standards for
approval of this particular conditional use, and also, go into a presentation of the standards that
differentiate a CBRF (community -based residential facility) from an extended care facility,
which is the only legal issue presented before this Commission today. I would then present
some of our witnesses that will have exhibits to show you that I believe are very relevant to your
decision, and close by talking about some of the legal arguments regarding the NIMBY (not in
my back yard) Syndrome, as well as the Fair Housing Act, as it applies to this case. First of all,
the matter is before you on review from the Zoning Board's decision to grant a special
exception, with special conditions and safeguards. Now, sitting as a quasi-judicial body, the
inquiry in this matter should be limited to whether due process was afforded at the Zoning Board
proceeding, whether the correct law was applied, and whether there is competent substantial
evidence in the record to support the ruling. In that regard, I would cite the Board of County
Commissioners of Brevard County versus Snyder, found at 627 So.2d 469, Florida Supreme
Court case, 1993. Now, in Irvine versus Duval County Planning Commission, found at 495
So.2d 167, Florida Supreme Court case, the Court adopted the principle that once an applicant
for a special exception has met the statutory criteria for granting such exceptions, the burden is
placed on the appellant to demonstrate by competent substantial evidence presented at the
hearing and made part of the record that the special exception requested by the applicant did not
meet such standards and was, in fact, adverse to the public interest. The fact that a special
exception is required does not create a presumption that the activity is adverse. Indeed, the use
that we are seeking is a use permitted by the Code under certain conditions. In Metropolitan
177 September 22, 1994
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Dade County versus Fuller, found at 516 So.2d 1312, Third DCA (District Court of Appeal),
1987, the Court applied the Irvine decision to unusual uses under the Dade County Code. The
Third District Court of Appeal held that those who would oppose the requested unusual use must
show the unusual use is adverse to the public interest. In that regard, the evaluations, findings
and recommendations of the professional staff of the City are extremely relevant. The City's
professional staff has analyzed the application, and recommended approvals, with conditions,
and those conditions are acceptable to the applicant. In making that analysis, the staff has
evaluated the standards set in Section 1305, and evaluated the nature of the facility itself. Staff
analysis has concluded that this is an extended care facility with appropriate conditions, and with
appropriate conditions, the special exception should be approved. These findings, in and of
themselves, constitute substantial evidence at law that would support the Board's ruling. The
Zoning Board conducted its review and received evidence, and based on ample, competent, and
substantial evidence, presented the Board, in the form of staff recommendations, and evidence
presented by the applicants, which we will summarize in our presentation, it reached the
conclusion that the public interest would not be adversely impacted by the special exception, if
the special exception was granted with certain conditions, and proceeded to approve the
application. The applicants were given a fair and full opportunity to be heard at the Zoning
Board, and have presented no evidence, whatsoever, of any violation or limitation of their due
process rights. There is ample evidence in the record that both the professional staff and the
Zoning Board considered all appropriate sections of the Code, and applied the correct law and
standards in evaluating this application. And there was competent and substantial evidence
introduced into the record, and it will be summarized again today, as to the need for this facility,
and the specific steps taken by the applicant to ensure no adverse effect to this community. All
the criteria listed in 1305 has been considered and addressed, and there are two separate
determinations - one by your professional staff, and one by your Zoning Board - where the
appellants were present, that all the ordinance conditions have been met. In fact, due
consideration is evident in that the Board imposed additional conditions, such as a twenty -four-
hour security, et cetera, with which we are in agreement. Now, Section 1606 of the Code,
regarding findings, decisions and time limitations with regard to special exceptions, refers you to
the language of Section 1303, as a manner of proceeding, once the findings have been made, as
to whether the applicable requirements of the ordinance have been met. Indeed, the applicable
language in that section of the Code states:
"Where applications for special permits demonstrate the general and specific
standards and requirements for such special permits are met, the agent, agency, or
body of the City herein made responsible for the grant of such special permit
shall" - not "may" - "shall issue such permit, subject to the conditions and
safeguards required in the particular circumstances of the case."
Section 1303, therefore, makes it clear that a special exception may be secured, as a matter of
right, upon the applicant's satisfaction of the ordinance requirements in the permit. The only
legal issue addressed before you is whether this is a CBRF, and I am prepared to address that
argument, and I would also invite you to ask any further questions of your staff thereafter, so that
you can get from your own staff why they reached that conclusion. That argument presented,
they argue that Article 9, Section 934, must be examined. Well, Mr. Dubbin's argument, both at
law, and in fact, is simply misplaced. Article 4, Section 401 of the Code, lists the different
conditional uses that can be approved. Miami Mental Health Center is not seeking approval as a
community -based residential facility. The staff of the Planning Department has evaluated the
nature of the facility, and concluded, based on the evidence and the law, that it is not, in fact, a
CBRF, but an extended care facility, which is also defined in your Code, at Section 25. The
differentiating factors and functions of both types of facilities are clearly defined. And I will
give you, for the record, two definitions; one in Florida Statute and one in your Code. Beginning
with Florida Statute, Florida Chapter 394-875, define a crisis stabilization unit, and also defines
a residential treatment facility. So we know they are two things that exist that have a separate
definition. The definition for a crisis stabilization unit is basically, as it says in 394-875, it states
it as a purpose.
178 September 22, 1994
The purpose of a crisis stabilization unit is to stabilize and redirect a client to the
most appropriate and least restrictive community setting available, consistent with
the client's need."
In the next section, a residential treatment facility is defined in terms of its purpose, and states:
"The purpose of a residential treatment facility is to be a part of a comprehensive
treatment program for the mentally ill individuals in a community -based
residence setting."
Now, the City of Miami Code also defines the purpose and functions of these different facilities,
in Article 25, Section 2502. A community -based residential facility is defined as:
"A facility providing room, with or without board, residential services, and
twenty-four hour supervision. Such a facility functions as a single housekeeping
unit."
This category includes adult congregate living facilities, so it is for aged persons as defined in
sections of Florida Statute, physically and mentally handicapped, etcetera, and it goes down the
line. Now, the Code, your Code, at Section 2502, also defines, in a separate paragraph, an
extended care facility as:
"An institution which is licensed by the State of Florida to provide health care or
medical supervision for twenty-four or more consecutive hours, for three or more
persons not related to the governing authority by blood, marriage, or adoption."
In order for the requirements of Article 9, Section 934 to apply, this facility would have to be a
community -based residential facility. It is not. It is clear, therefore, that the two functions are of
two dif... There are two different types of centers, they are totally different in their definition.
And it is equally clear that the facility we are seeking approval for is an extended care facility. It
is temporary in nature. The best analogy that I could give you - and I think your staff may be
able to clarify more - is that the CBRF... that the purpose of a CBRF is to house, and treatment is
incidental to the housing. In an extended care facility, the purpose of the facility is to treat, and
the stay, for... it be three nights, four night, six nights, is incidental to the treatment. So they are
facilities of a totally different nature. At this time, if I may, I would like to summarize by way of
again introducing some of the evidence that we introduced at the Zoning Board, beginning with
Olivia Martinez, who is the executive director of the Miami Mental Health Center.
Ms. Olivia Martinez: Good evening, Commissioners, staff of the City of Miami, neighbors and
members of the public. Before I start, I would like to call attention to the fact that we're
distributing two fliers which, perhaps, it would be appropriate to introduce as an exhibit. It will
illustrate some of the things that I'm going to be speaking about. We're proposing to relocate a
crisis stabilization unit to 3800 or 3850 West Flagler. A crisis stabilization unit is a brief stay,
in -patient -like facility, which receives mentally ill persons whose symptoms are temporarily
flaring up. The mentally ill abound in our cities, in our homes, and in our streets. One out of
every five Floridians will require mental health services each year. When one of these Floridians
comes to us, he or she and the family is suffering a great deal. Symptoms commonly exhibited
are hallucinations, delusions, many are severely depressed, and very often, they are suicidal.
Some are so impaired that they may endanger themselves by doing things like walking down the
middle of the expressway in the middle of the night. Sometimes, persons have made verbal
threats to their family members, and they're brought in to us to determine if they need treatment.
At the CSU (Crisis Stabilization Unit) we screen, evaluate, and provide an intense, but brief
course of treatment, consisting primarily of medication, support therapy, and case management.
Some medical conditions are concurrently treated, also. We try to teach the family and the
patient how to communicate better with one another. We encourage and educate our patients
regarding the need to take their medications, so that their illnesses will remain under control.
Some patients that we evaluate are found to be too ill to be kept there, and then they are sent to
Jackson Memorial Hospital for longer stay hospitalizations. The Crisis Stabilization Unit will be
staffed twenty-four hours per day, with registered nurses, counselors, and mental health
technicians. Psychiatrists and administrators will be present during daytime hours, and on call
179 September 22, 1994
during evening and night hours. Our primary goal is to improve people rapidly, avoid costly
hospitalizations, and send the patients back home to live with their families, or wherever they
came from. The most recent average length of stay for our patient's stay in our present crisis
stabilization unit was five point seven days. In this facility, we expect the average length of stay
to be similar, but a patient is going to be allowed to say up to a maximum time of thirty days.
Now, all of this that I have mentioned to you corresponds to, in the yellow paper, to the building
on the left. I believe it's referred to as "Building A." For many years, we have known that our
present facility is grossly inadequate, and inhumane. For example, the space is so limited that
dining and recreational facilities are the same, and in full view of the beds where the patients lie.
We cannot segregate men from women patients effectively, and patients who are going to the
bathroom in the middle of the night must pass by the beds of other patients on their way, because
the lack of space prevents there from being a separate corridor. When there's bad weather, the
patients must either get wet because the wind blows the rain at them, or forego visiting with their
relatives, since they must pass through an open area courtyard that's got like a little thing over it
to protect them, to go to the visiting area. There is no green area, no plants, no flowers. The
recreational space is boxed right in the middle of four concrete buildings. The neighbors on the
east side of that facility can see right into where the patients are relaxing, playing badminton or
whatever. In addition, Hurricane Andrew highlighted many problems. The worst, perhaps, is
that we don't have the space to put a generator in, so that our patients can have electricity, ice,
and cool water during a hurricane or other disaster. When the hurricane was threatening, we
were unable to discharge our patients home, because their families, in most instances, had been
evacuated, or they felt unable to care for them in a crisis situation. The hospitals were all full.
And as you know, Commissioners, after the hurricane, the Governor established a Commission
on Emergency Preparedness, which places an emphasis on the safety of people who are
vulnerable, the elderly, the sick, the frail. The mentally ill are certainly a category of persons
that are vulnerable. Another reason why we need to move is that our patients have no privacy
when they are being brought into the center, because if you've seen our building, you know that
the entrances abut the sidewalks. There is no buffer space to shield our activities from view.
Therefore, our patients' confidentiality is often compromised. And Commissioners, it just
doesn't look good to the community to observe this sort of activity. Because of our present
building structure and placement, it cannot be remodelled effectively, plus it would be a waste of
the taxpayers' money to spend millions of dollars on a property which we cannot own outright.
The land that it sits on is leased to the University of Miami. Let me focus quickly on the public
value of this program now, and this is really important, because I know that your concerns,
among your concerns are not to over -burden the City in cluster programs that are public, and for
the indigent, and for the impaired in the City of Miami. The County is divided into seven catch
man areas, each of which can only have one public crisis stabilization unit. We are the
authorized public crisis stabilization unit in our catch man area, of which the City of Miami is
part. It is considered to be crucial to the health of the patients and the community that they have
access to treatment in the community so their family can visit them, and it can be a more humane
and more realistic, mainstream way of living. In this case, however, the City of Miami will have
no problem with being over -burdened with crisis stabilization units, because the ones that are
there are the only ones that can be there. We are just relocating what we have sixteen blocks to
the west. We will be drawing our clients from our own community. They are not going to be
coming in from Broward or any other place. I'd like to call to your attention these pictures that I
have here. I don't know how well you can see them, but I don't... Can you guys be prepared to
show it to them...
Mr. Joel Maxwell (Assistant City Attorney): I'm sorry. You must be on the record, please.
Ms. Martinez: These pictures were taken within like half a block of our subject property. This is
37th... Douglas Road, right by Eckerd's, right there. You can see this gentleman, who is
obviously homeless. This is taken on the corner of Flagler and also 37th, only on the other side
180 September 22, 1994
of the building. That gentleman there, although I do not know him personally - he's not one of
ours - appears not to be in his full capacities. This gentleman here must be homeless, or he
would not be living and sleeping next to the wall of Eckerd's and Eckerd's dumpster. This
picture here shows yet another person going into the dumpster that's at Eckerd's to find food.
Could you please show it to the community? This is, by the way, the proposed site. I hope
that's clear. Now, then, I'd like to show you yet another one. This, Commissioners, is the
doorway to our proposed building. This gentleman is just waiting for us to open. He is there
now. And these are not the only ones. Whenever we went over there, we would see different
groups and combinations of people. They are there. We're not going to bring them in. They're
there, and they're sick, I think. We try to take people such as these off the streets, and to
alleviate their problems, if they'll accept the help. Now, we will be in a position to make the
facility very beautiful, very safe, and configured in such a way that neither the neighbors, nor the
community at large will be aware of, or be able to see the activities of our patients. Mr. Frick,
who is coming after me, will show you what the facility is going to look like. Our patients will
always be behind... Our inpatients, our residents, the ones who are going to be living in Building
A, in your diagram, they will always be behind closed and locked doors, to protect their safety
and confidentiality. The neighbors will not see them and will not hear them. All transport
vehicles entering the parking lot and exercising their mission will do so out of the view of the
public, and there will be security twenty-four hours a day. Now, regarding the traffic, the owner
of the building stated that when they were there, he had approximately two hundred and seventy
employees. We're going to have, maximum at any one time, between a hundred and twenty-five
and a hundred and thirty employees, of which sixteen will be in Building A, or the extended care
facility. The balance will be in the office building. Now, our patients, our thirty, maximum,
patients that are going to be in that building, very few of them drive. Very rarely do you have
ten percent of the patients in our facility at any one time who drive. So the traffic will be our
employees arriving in the morning, and leaving at the end of their shift, and some of our clients.
And the fewer employees you have, the fewer clients you have. I do not believe, honestly, that
there is going to be any more traffic than there already is, than there already was with the
previous use. We wish at this time to state that we are aware of the fears and concerns of our
neighbors, prospective neighbors. There is, unfortunately, a great deal of anxiety about mental
illness, and a lack of knowledge. We've made a number of efforts, Commissioners, to get
together with them, to explain to them, and to try to assuage their fears. We have had absolutely
no success. I appeared with them on a radio talk show. I tried to address, to get permission to
address their condominium group. They practically threw us out. Before... On August 26th, we
sent them an invitation to come to a meeting. We purchased a nice buffet. Five neighbors came,
and one neighbor stood outside and prevented another number of them from coming in, and
distributed this very inflammatory libelous and incorrect flier to the neighbors. Since the
neighbors didn't come, we couldn't sit and meet with them. So on the 8th, I mailed to all of
them a pamphlet like the one that you have there. We can treat people who are mentally ill
effectively, and we can be good neighbors, also, which is what we are at our present location.
Our neighbors next door, whose homes abut the recreational patio of our CSU say they don't
even know we're there. At the Zoning Board hearing, Mr. Pablo Canton wrote a letter in our
support, which is in the public record, which verifies that in the time the Neighborhood NET
(Neighborhood Enhancement Team) office has been there, there has never been a complaint
from a neighbor regarding our program at 2141 Southwest 1st Street. He unequivocally states
that we will be an asset, in his opinion, to our new community. In the public record, also - may I
have that, please? - is this blue folder, which contains about twenty positive signed statements
from very close neighbors of our present facility. I have also added to it a letter from Mr. Mark
Zimmer, from the Community Advocates for the Mentally I11, and a letter from Commissioner
Natacha Millan, who very strongly and enthusiastically endorses our program. I'd like to return
that into the public record. Finally, please look at the chart that we're going to show you for a
minute, for the results of a study that we did recently. It shows you that the incidents of crime in
our present location where we are now, in the last two years, was half that of the site to where we
wish to relocate. The crime in our two areas - and that's also in your little flier - is point zero six
181 September 22, 1994
incidents .of crime in one year or I'm not sure now if it's one year - or two - per capita, whereas
in the area to which we wish to relocate is point one two. The only point that we're trying to
make with that is that just because we are in a location does not necessarily mean that there is a
high crime rate. At this time, I think that I can pledge that we will produce a facility which will
beautify the neighborhood, that our activities will not be intrusive or obvious, or disruptive to the
neighbors, that we will respect their lawns and parking spaces. We further offer to have an
advisory council of neighbors to act as liaisons with the center for the purpose of resolving any
conflicts which may arise, and which will keep us on our toes to live up to all of our promises.
Having given this my best shot, Commissioners, I wish you the wisdom of Solomon, and thank
you.
Mr. De Grandy: Mr. Mayor and Commissioners, I'd now like to introduce Dale Frick to very
briefly show you the proposed plans for the site, to address, basically, the concerns regarding
whether that, the activity that would occur there, could be viewed, or whether there would be any
security problems. And keep in mind that one of the special conditions that was imposed by the
Zoning Board would be twenty-four hour security.
Mr. Dale Frick: Mr. Mayor and members of the Commission, thank you for allowing us to speak
this evening. The first issue I'd like to address... First of all, let me say that I represent
Wolfberg, Alvarez and Partners, the architectural engineering firm that's designing and will be
doing the construction management on this project. The first thing I'd like to do is show you a
representative photograph of the area where this facility is being planned. Obviously, you know
the area, but we'd just like to show the large photograph that we have of that area and show that
it is consistent with the commercial uses that are there currently. This is the proposed site, as
you can see, right here. That's the existing building. We do not intend to change the facade
much on this building. It will remain consistent with the rest of the uses that are currently there.
We, however, are going to change the interior of the building and dress it up a little bit on the
outside only. OK. I'll just have to stand down here. I really don't have much to say on this,
because I have a very short period of time. I have other issues I'd like to cover, so we just
wanted to show you the photograph. Would you show it to the community, as well, please. The
issues that I'd really like to cover, which I think are much more germane here tonight are the
facility itself, and the way we intend to design it. I'd like to say that Wolfberg, Alvarez and
Partners have designed and have constructed numerous facilities throughout the State of Florida
of exactly this type and nature. We design every one of them to be, first of all, on the exterior,
consistent with the community; and secondly, to be safe and secure for the residents within, as
well as safe and secure to the surrounding community. As you can see, we've provided
considerable landscaping and landscape buffer around the entire building, so that the residents
would not be seen from the community, and the community would not be seen by the residents,
as well. Entrance to the facility will be on this side, on 38th Avenue. They come in by car,
typically by family members, or by the police department, who may have picked them up. They
go immediately into the facility, and they never leave that facility until such time as they are
discharged to an appropriate care facility elsewhere in the community. Everything is contained
within, including their recreation space, which are these two areas here, and which have fences at
the back end of them, so that no one ever goes outside of the building envelope itself. We have
an eight foot high masonry wall at the back end of the building, which was required by the
Planning and Zoning Department. Let me just show you quickly the interior layout of the
facility. This is the admission area here, as I said, off of 38th Avenue. When someone comes in,
they're immediately admitted into the facility, and go through a process of evaluation and
assessment, and then move on into the residential portion. Because of some concerns that we
had heard initially by the community about sound and sound attenuation, we have agreed to
place enhanced insulation for sound attenuation all around the exterior of the building. I might
also add that the windows are double glazed with lexan on the interior, glass on the exterior, and
they also are very much soundproof, and they have integrated vertical blinds in them as well, so
you can't see into the facility. In addition to that, we have also placed security monitoring
182 September 22, 1994
PFN
devices on all the doors on the exterior of the facility, as well as on the interior residential
portion so that no one has the freedom or ability to move in and out of the building as a resident.
Only the staff would be able to do that. Again, I'd just like to emphasize, we have constructed
numerous facilities. We've planned, developed, designed and constructed them throughout the
State of Florida. We've done a number of them here in the Dade County area, some that are
similar in nature to this, in fact, in the City of Miami. We have received opposition in every
community, I can assure you, in the State of Florida, where we've attempted to do these. I'm
happy to say we've been successful on all counts, and been approved by the Commissions, and
to date, none of these facilities has ever proven to cause any adverse effect to the community in
which they have been placed. Thank you.
Mr. De Grandy: Mr. Mayor and Commissioners, in the interest of time, there are several
speakers that I had. I'm going to limit to one more. Before I...
Mayor Clark: You have eleven minutes left in your presentation.
Mr. De Grandy: Yes, sir. Before I do that, I would like to move to introduce the pictures into
evidence that show that in this proposed site, there is most definitely a need, in terms of people
that are out there right now, even sleeping in front of the facility, that could benefit by the
facility being there. So I'd like to introduce that as Composite Exhibit 1. 1 would like to also
introduce the rolled out picture as Exhibit 2, which demonstrates the character of the
neighborhood in which we are locating to be a very densely commercial neighborhood, if there's
no objection.
Mayor Clark: All right, sir. Leave those with the Clerk, if you'd like to.
Mr. De Grandy: Finally, I would like to introduce the two plans as Exhibit 3. I would at this
time, very briefly, for one minute or two, like to introduce a resident, and there are several that I
had today, but just one, to be representative of the residents of the community where our facility
exists today, to tell you that they have had no incidents, no problems, or no reason to fear the fact
that this center has already existed in their neighborhood, in the City of Miami, for ten years.
Mayor Clark: Thank you. All right.
Mr. De Grandy: They are in need of an interpreter, so I have an interpreter here that can
interpret, and to make it quicker, I'll just ask two or three questions.
Mayor Clark: All right.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
MARTA PIZARRO.]
Mr. Felix Montenegro: BUENAS NOCHES.
Mayor Clark: Buenas Noches.
Mr. Montenegro: SENOR ALCALDE, SENORES COMISIONADOS. MI NOMBRE ES
FELIX MONTENEGRO, Y VIVO EN LA 1321 SOUTHWEST PRIMERA CALLS,
APARTAMENTO CINCO, O SEA, COLINDANTE A TRES METROS DE LA CLINICA.
183 September 22, 1994
VENGO A EXPRESARME AQUI EN EL NOMBRE DE ELLOS Y EN EL MIO PROPIO.
POR LARGO TIEMPO, HEMOS CONVIVIDO COLINDANTE A DICHA CLINICA. EN
NINGUN MOMENTO HEMOS SENTIDO NINGUNA MOLESTIA POR PARTE DE ELLOS
HACIA NOSOTROS. AL CONTRARIO, HEMOS ADQUIRIDO MUY BUENAS
AMISTADES, TANTO DE LOS EMPLEADOS COMO LOS PACIENTES QUE HAN
ESTADO ALLI. ALGUNOS HAN SIDO... INCLUSIVE YA SON AMIGOS NUESTROS. EN
NINGUN MOMENTO HEMOS OIDO NINGUN TIPO DE RUIDO QUE NOS MOLESTE A
NINGUNA HORA, NI NINGUNA COSA RARA, NI NINGUNA ACCION POR PARTE DE
LOS PACIENTES QUE NOS HAYA MOLESTADO, POR TANTO, NOS ALEGRAMOS
QUE VAYAN A AMPLIARSE PARA QUE PUEDAN DAR MEJOR SERVICIO, PERO
LAMENTAMOS PERDER UNOS BUENOS VECINOS. MUCHAS GRACIAS.
TRANSLATION: Good evening, Mr. Mayor and Commissioners. My name is Felix
Montenegro, and I live at 1321 Southwest 1st Street, Apartment 5. He lives real close to the
current facility, and he's here speaking on behalf of all of these individuals who are also
neighbors of the current facility. We've lived close to the facility for a long time. At no time
have we felt uncomfortable because they're around, or we felt threatened. On the contrary,
we've made many friends, not only among the staff, but also among some of the clients who are
now part of our friendship circle. At no time have we heard any strange noises at any time of the
day, nor have we seen any type of behavior on behalf of the clients that have made us feel
uncomfortable. Therefore... He said, we're sorry that... We're happy that they'll be able to
leave in order to provide better services, and in a better facility, but we feel we're losing very...
We're sorry to lose such good neighbors.
Mr. Dubbin: Mr. Mayor, may I ask the gentleman...
Commissioner De Yurre: I'd like to ask something quickly here of that gentleman, because he
made a statement that kind of confused me.
Commissioner Gort: No, the translation's a little bit off.
Commissioner De Yurre: No, but he said... They translated it correct. He said that he got to be
friends with the patients. If you are on the outside, and from what I've seen, there's no contact
with the neighbors, how did that come about?
(APPLAUSE)
Mayor Clark: Please, ladies and gentlemen. You're intelligent people. Conduct yourselves in
that manner. Maybe he was inside.
Mr. Montenegro: NO, NO. ELLOS ESTAN... YO ESTOY... YO VIVO A TRES METROS
DE LA CLINICA. PERO ES QUE LOS HE VISTO ENTONCES EN LA CALLS,
CONVERSANDO NADA MAS, Y ME HECHO, NO AMIGO... SINO HEMOS TENIDO
BUENA AMISTAD.
Translation: He says that he sees them in the neighborhood as they approach the facility, and he
strikes a conversation, and they start the conversation with them.
Mayor Clark: Mike, you're taking a lot of time for nothing. Very good. Thank you. All right.
Mr. Dubbin: That's security.
Mr. De Grandy: Commissioner De Yurre, if I may also briefly address that point. The center
has both an inpatient and an outpatient facility. The outpatient use is not even a conditional use.
It is a permitted use. It does not require any permit, and it's feasible for people within the
neighborhood to go in and out of that center, and use the facilities of that center. Now, if I can, I
184 September 22, 1994
had also other things to present to you, such as Bernie Escobar that is here to testify on behalf of
the Senator Soto. I've had members of the board of directors, the volunteer board of directors
here. Lenny Cooperman was to speak for them, but since we're short on time, I'd like to close
with some thoughts for you. And also, I think it's very important to talk about the Fair Housing
Amendments Act. As elected municipal officials who are seasoned in serving in a quasi-judicial
capacity on these matters, you are familiar with what is called the NIMBY syndrome. And
frankly, in most cases in which you are seeking a service center of this nature, there will always
be complaints from neighbors. However, sitting in judgment on these issues, you are well aware
that your analysis has to be based on specific standards of law and factual determinations. The
mere assertion by neighbors that they do not want these people who are disabled to be near the
area in which they live is an emotional, and maybe even an expected response, but not a legal
justification for denial of a special exception. Indeed, as I will discuss in a minute, they can
form the basis of a prima facie case for violation of the Americans With Disabilities Act, and the
Fair Housing Amendments Act. Sometimes, the NIMBY syndrome can be somewhat tempered
with education, and we have attempted to meet with the residents in order to open a dialogue and
create a better understanding of our facility. The executive director and other representatives of
the center tried to meet with neighbors before the July 11th Zoning Board hearing, and were not
well received by the residents. Subsequent to the July 11th hearing, the center sent out
information by mail explaining the nature of the center, and inviting residents to a town meeting
at which we could better explain the nature of the facilities, and answer their questions, and
address their concerns. Several people that are here from the center... And I attended that
meeting, and at the time, there was a gentleman outside talking to the neighbors with respect to
whether they should come in or not, and only five people did come in. I sincerely believe that if
the residents truly understood the nature of the facility and the safeguards and conditions upon
which it will operate, there would be much less opposition. The neighbors' argument is, indeed,
misplaced, in that they argue that the center's function will somehow disrupt their neighborhood.
While it is true that there is less traffic at the site at this point, it is, frankly, only because the site
is vacant. The site, when it was used for the purpose it was used before, created more traffic,
had more cars and more employees than it will have at this time. And some of the objections
stated today are nonspecific, and emotional. By law, they constitute no justification, whatsoever,
for denial of the exemption. And I'll quote some cases that deal with the Fair Housing
Amendments Act for your review. The Fair Housing Amendments Act of 1988 specifically
makes it unlawful to discriminate in the sale or rental, or to otherwise make available or deny
dwelling to any buyer or renter because of a handicap of a person intending to reside in that
dwelling. The Federal Courts have made clear that the Fair Housing Act should be given a broad
interpretation, and that it clearly applies to State and local land use ordinance, regulations, and
practices which have the effect of discriminating against individuals with handicaps. For
example, in Potomac Group Homes versus Montgomery County, Maryland, found at 823 Fed.
Supp. 1285, the operator and residents of a group home for disabled elderly filed an action
against the County for violation of the FHA. The Court, in finding for the group home, stated
that there are several ways of proving a violation of the FHA. One of the methods would be an
inquiry under the disparate treatment analysis. And this is very important, because in that
respect, you have, as permitted uses already in your statute, residences, hotels, lodging houses,
tourist homes, guest homes with quarters rented for a period of one week or more, hotels, and
other transient facilities, without special exception. Certainly, if a transient hotel or other type of
guest home can be built on that property without seeking special exception, denial of this
conditional use, when all relevant factors have been addressed by competent substantial
evidence, would create a prima facie case of a violation of these people's rights under the FHA.
In Horizon House Development Services, Incorporated versus Township of Upper South
Hampton, found at 804 Fed. Supp. 683, the Court held that a zoning ordinance imposing a
thousand foot requirement of spacing between group homes discriminated against people with
handicaps. In similar circumstances to the ones before you, the Court found evidence of
discrimination in prior public hearings which Horizon House had intended to obtain approvals
for group homes. And at these hearings, the Court noted that neighbors expressed concern for
185 September 22, 1994
1 04
the same reason as you see here today. Property values would decline, their children would be
unsafe, or the character of the neighborhood would change. I won't quote the other laws,
because I want to close in my last minute. But I want to tell you that in summary, based on the
statements made both at the Zoning Board and in this Commission, by people that have appeared
before you, as well as the requirements by the City ordinance to obtain a special exception.
There is already a prima facie case of a violation of the Federal Housing - Fair Housing Act.
The applicant in this case has yet, at all times, operated in good faith. They provide a service
that is much needed in our community. They have complied with all aspects of State and local
laws, ordinances, and regulations, and they have attempted to inform the neighbors, and meet
with them to address their concerns. We are mindful of the fact that this Commission has, in the
past, stated a concern that the City of Miami not be over -burdened with different social service
agencies within its City limits, where other opportunities exist in the South Florida region.
However, this matter is much different. In the last ten seconds, this is not a new center seeking
to locate in the City of Miami. This center exists and has provided services for ten years,
approximately sixteen blocks away. Yes, sir.
Vice Mayor Dawkins: Are you saying that once the new center is built, you're going to tear the
other one down, and not use it anymore, for nothing? Don't use it for nothing.
Mr. De Grandy: Yes, sir. It will not be used as a crisis stabilization unit.
Vice Mayor Dawkins: At all, for nothing.
Mr. De Grandy: Yes. The 2141 building that we're moving from will not be used as a crisis
stabilization unit.
Vice Mayor Dawkins: No, no. OK. Any building that you're using now in that area will not be
used.
Mr. De Grandy: For this purpose, will not be used, sir. Will not be used. This is a relocation. If
I may finish.
Mayor Clark: Yes, sir.
Mr. De Grandy: There is a valid and legitimate reason for the relocation; in order to provide
better services and facilities for these patients. The applicant has proven that it has been a good
neighbor in the area in which it has operated the last ten years, and the center has existed in
Miami, and seeks to continue to exist to serve the population in this area. One last note. Fifty
percent of the people in that center are from your City, and they need your help, too. Thank you.
Mayor Clark: All right. Thank you, sir. All right, Mr. Dubbin, you have three minutes in
rebuttal, and we'll come to a decision.
Mr. Dubbin: Mr. Mayor, that's not going to be quite enough. I'd like to have five...
Mayor Clark: Well, you go three minutes, and we'll tell you how much more time you're going
to get. OK?
Mr. Dubbin: OK. Mr. Mayor and members of the Commission, I really don't want to belabor
the point, but I'm compelled to respond to some of the statements made by counsel.
Mayor Clark: Well, do it, and don't keep talking about it.
Mr. Dubbin: The statement that this was approved by the Zoning Board, and therefore, you have
to approve it...
186 September 22, 1994
Mayor Clark: Noway. OK.
Mr. Dubbin: That's totally wrong.
Commissioner Plummer: Next item.
Mr. Dubbin: The law says you've got to approve this permit; otherwise, they can't have it.
Mayor Clark: Keep it up. Keep blowing your stuff.
Mr. Dubbin: Mr. Mayor...
Mayor Clark: You know, Murray, how you run these things. Last here forever.
Mr. Dubbin: I'm sorry. Rhetoric?
Mayor Clark: Go ahead, continue.
Mr. Dubbin: Well, you're riot an appellate body, you're an approving body. I just want to get
that across. Mr. De Grandy has taken the position that this facility is not an extended... not a
community based residential facility. It says it's an extended care facility. Then he says, no, it's
a stabilization unit, and as such, it goes outside the provisions of the Code. Well, Mr. Mayor and
members of the Commission, if it's not a community -based residential facility, there's no
provision in the Code to grant them a conditional use or a special exception. The Code is very
clear. There's no reference under conditional principal uses for C-1 for, quote, "extended care
facilities," quote "stabilization units." That's hogwash. This application is simply and truly for a
community -based residential facility, which includes extended care, includes ACLFs (Adult
Congregate Living Facility). While we talk about ACLFs, you've been threatened that if you
don't grant this permit, you're going to be sued under the Fair Housing Act or the Americans
With Disabilities. I know it's all rhetoric. You know it and I know it. But the record shows it. I
want the record to make it clear. First of all, if this were a group home, they wouldn't have to be
here, because ACLFs can open up anywhere without anybody's permission, under Florida law.
That's a group home. This is a special type of unit that your law says has to be granted only
through special exception, what we're doing now. The... I'd like to talk just briefly...
Mayor Clark: Murray.
Mr. Dubbin: Yes, sir.
Mayor Clark: Now, get to the point right now. Don't bring up new points at all. Just bring it...
rebuttal, and we're going to come to a decision.
Mr. Dubbin: I'm in the process of rebuttal.
Mayor Clark: All right.
Mr. Dubbin: There's a nice, big exhibit showing a picture of the homeless around the
neighborhood.
Mayor Clark: Yes.
Mr. Dubbin: That's very nice. Seems to me, this Commission dealt with the homeless problem
some weeks ago, and dealt very courageously and very honestly with it. If you think that an
extended mental health facility for thirty days is going to take care of the homeless, as suggested
187 September 22, 1994
M
by the applicant, I think everybody is kidding themselves, and I think that's something that
should not be considered. I'm impressed by the... I'm impressed by the security. I'm impressed
by the fact that there's going to be an eight foot high wall in the back, masonry. I'm impressed
by the fact that there's going to be a guard in front, on both sides, between five and nine. It
would even be more secure if they had watchtowers on each of the four walls, and armed guards
with assault weapons to prevent people from coming in or coming out. Then it would be called a
prison. It would be the most secure thing in the world. How would you like to back up to a
prison?
Mayor Clark: Please rebut, and don't come up with ideas, Murray.
Mr. Dubbin: I think that I rebut, that that's in rebuttal.
Mayor Clark: I think you've done your job.
Mr. Dubbin: Affirmative testimony.
Mayor Clark: All right.
Mr. Dubbin: Mr. Mayor, one other thing. I'd like for all the people wearing the rainbow ribbons
who live within three hundred and seventy-five feet of this facility to please stand.
Mayor Clark: Please, they don't have to. Sit down. We're going...
Mr. Dubbin: No, they don't dare.
Mayor Clark: All right.
Mr. Dubbin: Thank you, Mr. Mayor.
Mayor Clark: Thank you. Now, we've come to a decision, we're coming to a decision. The
public hearing is now closed, and there's no more speeches out there, and no more decisions. So
what is the pleasure of the Commission? Somebody doesn't come up... Willy?
Commissioner Gort: Mr. Mayor, I'll tell you, one of the... With the present neighborhood
they're staying at... And nobody can doubt the job that's being done by Mental Health. I think
Mental Health has done a tremendous job, and it's doing a tremendous job. But at the same
time, they are very happy with the neighbors where they exist right now. There's plenty of
property within that area that can be acquired, and they can maintain themselves in a facility
within the same neighborhood. I... One of the things we talked about is we decided we're not
going to have any more facilities within the City of Miami. We consulted neighborhoods. And,
yes, we did take a decision last year, about two or three months ago, on the homeless shelters.
And one of the reasons we took the decision, and I made the motion for the homeless shelter was
because the people in the immediate neighborhood were not against it. So in here, you got a
completely residential neighborhood where a lot of the people have lived there for many years,
and the problem you have, the differences between what you have with this building, the present
location and the next location, you got a buffer zone of Flagler Street, and you got a buffer zone
of 1st Street, which is about seventy feet apart, or larger than that. And in this facility, you got
the residential right behind this location. So I find it to be a difference. One of the criteria, from
my understanding, they had to comply with is the public interest is not affected. Just by having
the amount of people that we have here and the amount of people against this in here, I think the
public is being affected.
Vice Mayor Dawkins: Just a minute, Mr. Mayor.
188 September 22, 1994
0
2
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Representative, you read quite a bit of State law. Does the State law deal
with density?
Commissioner Plummer: What?
Vice Mayor Dawkins: Density.
Commissioner Plummer: Density, oh.
Mr. De Grandy: In what respect, sir?
Vice Mayor Dawkins: You said that I would violate the Fair Housing Act, if I didn't OK this,
and I would violate certain laws if this were not approved, and I would do this and that.
Mayor Clark: Well, that's just rhetoric.
Vice Mayor Dawkins: When you were reading this, did it say anything about density, when you
were reading it?
Mr. De Grandy: No, sir. Florida Statute and the Fair Housing Act, it is the Federal Code, and
the Federal Code does not address density, per se, if the use of which it was put before created
more people on that site than it would create when we use it now, I think that the density issue
would, frankly, favor granting the application, because the testimony presented before you is that
there would be less people at the site with our use than with the previous use.
Vice Mayor Dawkins: But would it be less people in the neighborhood?
Mr. De Grandy: Well, sir, if there are less people in the site, there would be less people in the
neighborhood from that perspective. There will be...
Vice Mayor Dawkins: Even though there's nobody in the facility now, and you add people, you
would have less people in the neighborhood.
Mr. De Grandy: Well, sir, the...
Vice Mayor Dawkins: OK. That's good enough, now. OK.
Mr. De Grandy: Versus a vacant property, you're correct.
Mayor Clark: All right. Let's get to the point.
Vice Mayor Dawkins: OK. One more question. You said Commissioner Soto approves this.
How many of these are located in Commissioner Soto's district?
Mr. De Grandy: I have not asked the Commissioner, sir, but I...
Vice Mayor Dawkins: OK. Well, fine. OK.
Mr. De Grandy: But I do know, not with respect to Mental Health, but I do know, with respect
to United Cerebral Palsy, that he did vote for a center right in his district, despite the fact that
there were people that...
189 September 22, 1994
22
Mayor Clark: Yeah, well, that's great.
Vice Mayor Dawkins: Thank you very much.
Mayor Clark: Thank you. Thank you, Mr. De Grandy.
Mr. De Grandy: You're welcome.
Mayor Clark: All right. Mr....
Commissioner Plummer: Let me ask a question, if may, Mr. Mayor. Mr. De Grandy, why are
you moving?
Mr. De Grandy: Excuse me?
Commissioner Plummer: Why are you moving?
{ Mr. De Grandy: The facilities at this time are not adequate. We have tried to purchase the
j building. We have not been able to purchase the building. The owner of the building does not
want to sell the building. We cannot... We've gotten an appropriation from the legislature. We
cannot use that irresponsibly for improvements to property that we cannot acquire. We need to
have a better facility, in terms of the interior services that could be provided to the people that
will utilize the facilities, and that is a more appropriate site than the site that we have today. If
we could buy the site that we have today, it may be a different issue. But it is not a question of
' whether we could buy it.
Vice Mayor Dawkins: Is it that you do not buy it because he will not sell it, or you're not buying
it because you will not reach his asking price?
Mr. De Grandy: Excuse me, sir?
Vice Mayor Dawkins: Beg pardon?
Mr. De Grandy: I was listening to the response.
Vice Mayor Dawkins: OK. No problem. Is it not for sale because it's cost prohibitive, or is it
not for sale because the gentleman is in love with it and don't want to get rid of it?
Mayor Clark: All right. Let's move forward.
Vice Mayor Dawkins: Go ahead, go ahead.
Mayor Clark: All right. We got a motion? What's the pleasure of the Commission?
Commissioner Plummer: To the City Attorney, just for the record, we could put any stipulations
on this that we wanted, correct?
Mr. Joel Maxwell (Assistant City Attorney): Well, you could put reasonable conditions on it.
Commissioner Plummer: Well, if I wanted to put a one-year review, is that reasonable?
Mr. Maxwell: Yes, sir.
190 September 22, 1994
Commissioner Plummer: Now, they would have to understand that at the end of that year, if it
were not agreeable, they would have to move; is that correct?
[The Audience: No, no, booh.]
Mr. Maxwell: If that would be your condition.
Mayor Clark: Please, please, now. Come on, let...
Commissioner Plummer: Excuse me. I'm just asking a question. I didn't say what I was doing.
I'm asking.
Mr. Maxwell: Yes, sir, you could do that.
Mayor Clark: All right. Do we have a motion?
Mr. Maxwell: You would have to make findings at the end of that year, also, that the use now
has created conditions around that are unacceptable, and now violate the Code.
Mayor Clark: I'm looking around for a motion right now. Nobody makes a motion. I move
that the petitioner, the appellant be upheld and the petitioner be denied.
(APPLAUSE)
Mayor Clark: Just relax. Relax.
Vice Mayor Dawkins: Wait a minute. Is there a second?
Commissioner Gort: I'll second.
Vice Mayor Dawkins: All right. Motion is understood. Is there any question about the motion?
Commissioner Plummer: That is to deny the application to move.
Mayor Clark: That is exactly right.
Commissioner Gort: To uphold the people.
Mayor Clark: Approve the appellant's position.
Vice Mayor Dawkins: OK.
Commissioner De Yurre: Now, discussion purposes.
Vice Mayor Dawkins: Go ahead, Mr. De Yurre.
Commissioner De Yurre: We better have some reasons for this.
Vice Mayor Dawkins: What?
Mayor Clark: My reasons?
Commissioner De Yurre: Yeah. We better put them on the record.
191 September 22, 1994
e
Vice Mayor Dawkins: Why?
Mayor Clark: Why do I have to have reasons? I've heard testimony here for two hours.
Commissioner De Yurre: Well, when this goes to court, we better have reasons.
Vice Mayor Dawkins: Well, that's when we'll give the reasons.
Mayor Clark: I know this building when it was... before it was built. It was the Barbizon School
for girls that are going to beauty school. After that...
Vice Mayor Dawkins: Mr. City Attorney...
Mayor Clark: I know the history of this building.
Vice Mayor Dawkins: Mr. City Attorney, is the Mayor's motion in order?
Mayor Clark: Absolutely.
Mr. Maxwell: Well, I... Mr. De Yurre is correct, that while the Mayor has made a motion, in
order for it to be defended in court...
Vice Mayor Dawkins: Yes.
Mr. Maxwell:... there must be something on the record to support.
Vice Mayor Dawkins: Like what? Like what?
Mayor Clark: My support is this, very simple.
Vice Mayor Dawkins: What? Like what?
Mayor Clark: Wait.
Vice Mayor Dawkins: Like what?
Commissioner Gort: Public interest.
Mr. Maxwell: It's axiomatic that you are now sitting in a quasi-judicial capacity.
Vice Mayor Dawkins: Right.
Mr. Maxwell: You have heard references to certain cases, one being Snyder versus Brevard.
Mayor Clark: Yeah, yeah, OK.
Mr. Maxwell: It says that when you make these decisions, there must be competent - and he's
correct - and substantial evidence on the record to support it.
Mayor Clark: Well, my competent and substantial evidence is this: That I am a public official,
duly elected in this community. I've heard two hours of testimony. I've heard testimony before.
I've seen the Zoning hearing on tape, and I believe that I am right in turning this down and
defending the people in the area. Now, that's my decision. Go tell them that.
192 September 22, 1994
(APPLAUSE)
Mayor Clark: I'm doing my duty as a public official, and that's enough for me. And I've gone
through this for the twenty-fifth year now. Everybody comes into Zoning and say, you've got to
do this, you've got to do this. I've never been reversed of a decision I've made.
Vice Mayor Dawkins: Let the record reflect that the Mayor's decision is his own belief as an
elected official, and that he was not influenced by emotions of the crowd. Let the record reflect
that.
Mayor Clark: Absolutely.
Vice Mayor Dawkins: All right. Any further discussion?
Commissioner De Yurre: Yeah. I'm going to vote along with the motion, but I think we need to
put something on the record, at least for my vote.
Vice Mayor Dawkins: Go right ahead, sir.
Commissioner De Yurre: One of the things, after listening to both sides, and certainly, there is a
need for what is being proposed here, is also the fact of the burden to the neighbors. If I'm a
neighbor that lives right behind this property and I am forced to have a CBS (concrete block
structure) wall placed there, I have a problem with that. I do have a serious problem with that.
If you're bringing in a facility that, in order for it to go in there, has to have twenty-four hour
security, I have a problem with that concept. What is the message that is being delivered when
the mandate is that there has to be twenty-four hour security to protect the neighbors of the area?
Those are the things that concern me. And that is what sways me to go along with my vote,
along with the Mayor's motion at this point in time.
Vice Mayor Dawkins: Any further discussion? Hearing none, call the roll, Madam Clerk.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.94-718
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
DENYING THE SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1
RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW AN
EXTENDED CARE FACILITY FOR THE PROPERTY LOCATED AT 3800-3850
WEST FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), ZONED C-1 RESTRICTED COMMERCIAL.
193 September 22, 1994
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting yes. There are other places that they could be, and I just
don't think that it's proper they should be in a totally residential neighborhood, primarily what
they are.
Commissioner Gort: My understanding is one of the conditions is that the public interest is not
affected. For the reasons that I heard here, I think the public interest is being affected.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: May I strongly, may I strongly recommend, I have voted against this
facility in this location, but let me tell all of you, they serve a fine purpose in this community,
and I would hope that the Administration will work with them in trying to find a place to help
them out of the dilemma that they're presently in.
(APPLAUSE)
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE PLANNING AND ZONING PORTION
OF THE AGENDA TO CONSIDER TWO NON -AGENDA ITEMS.]
194 September 22, 1994
----------------------------------------------------------------------------------------------------------------
53. AUTHORIZE PURCHASE OF UNISYS COMPUTERS AND PERIPHERALS
FROM UNISYS CORPORATION (UNDER EXISTING STATE OF FLORIDA
MICROCOMPUTER CONTRACT NO. 250-040-93-1), FOR POLICE
DEPARTMENT -- ALLOCATE $22,540 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
Commissioner Plummer: A resolution authorizing the purchase of Unisys computers and
peripherals from the Unisys Corporation by use of the Department of Police in the amount of
$22,540, under existing State of Florida microcomputer contract number 250-040-93-1,
allocating funds therefore from the Law Enforcement Trust Fund, authorizing the City Manager
to instruct the Chief Procurement Officer to issue a purchase order for this equipment. I so
move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-719
A RESOLUTION AUTHORIZING THE PURCHASE OF UNISYS COMPUTERS
AND PERIPHERALS FROM UNISYS CORPORATION FOR THE DEPARTMENT
OF, POLICE, IN THE AMOUNT OF $22,540, UNDER AN EXISTING STATE OF
FLORIDA MICROCOMPUTER CONTRACT NO. 250-040-93-1; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Vice Mayor Miller J. Dawkins
195 September 22, 1994
0
W
------------- --------------------------------------------------------------------------------------------------
54. AUTHORIZE PURCHASE OF COMPUTER SOFTWARE AND HARDWARE
FROM COMPUTER EXPRESS / MICROAGE (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1059-1093-OTR-CW), FOR POLICE
DEPARTMENT -- ALLOCATE $10,960 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
Commissioner Plummer: A resolution authorizing the purchase of computer software and
hardware from Computer Express/Microage for the Department of Police, in the amount of
$10,960, under an existing Dade County contract number 1059-1093-OTR-CW from the Law
Enforcement Trust Fund, authorizing the City Manager to instruct the Chief Procurement Officer
to issue a purchase order. I so move.
Mayor Clark: Thank you.
Commissioner Gort: Second the motion.
Mayor Clark: Motion and a second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-720
A RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER SOFTWARE
AND HARDWARE FROM COMPUTER EXPRESS/MICROAGE FOR THE
DEPARTMENT OF POLICE, IN THE AMOUNT OF $10,960, UNDER AN EXISTING
DADE COUNTY CONTRACT NO. 1059-1093-OTR-CW; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
196 September 22, 1994
20
Mayor Clark: The meeting is adjourned at seven -forty-nine.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:49 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
197 September 22, 1994