HomeMy WebLinkAboutCC 1994-11-17 MinutesOF MUING HELD ON NOVEMBER 17, 1994
REGULAR & PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
j MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
1.
2.
2.1.
2.2.
2.3.
2.4.
INDEX
MINUTES OF REGULAR MEETING
November 17, 1994
LEGISLATION PAGE
NO.
PRESENTATIONS, PROCLAMATIONS &
DISCUSSION
SPECIAL ITEMS.
11/17/94
(A)CONSENT AGENDA.
DISCUSSION
(B)DISCUSS AND DEFER (TO DECEMBER
11/17/94
1ST MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS
WITH INDIVIDUALS TO PROVIDE
COMMUNICATIONS OPERATOR SERVICES
FOR POLICE DEPARTMENT.
ACCEPT BID: VILA & SON LANDSCAPING
R 94-790
CORP. -- FOR N.W. 1 AVENUE
11/17/94
BEAUTIFICATION PROJECT B-4574 --
ALLOCATE $33,745, PLUS $5,617
(EXPENSES) FROM 19TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
RATIFY MANAGER'S ACTION IN AWARDING BID
R 94-791
ON EMERGENCY BASIS: JAFFER ASSOCIATES,
11/17/94
LTD. -- FOR PAN AMERICAN DRIVE MEDIAN -
IRRIGATION PROJECT B-2993-B -- ALLOCATE
FUNDS ($7,077.93) (PROJECT 415002).
RATIFY NNNAGER'S ACTION IN AWARDING BID
R 94-792
ON EMERGENCY BASIS: LANDSCAPING
11/17/94
ASSOCIATES, INC. -- FOR PAN AMERICAN
DRIVE MEDIAN -LANDSCAPING PROJECT B-
2993-C -- ALLOCATE FUNDS ($18,723.72)
(PROJECT 415002).
RATIFY MANAGER'S ACTION IN AWARDING BID
R 94-793
ON EMERGENCY BASIS: JAFFER ASSOCIATES,-,-
11/17/94
LTD. -- MORNINGSIDE PARK IRRIGATION
SYSTEM - INVESTIGATION, INVENTORY AND
TESTING PROJECT B732287E -- ALLOCATE
FUNDS _($11,410.87) (PROJECT 331338).
PA
2-7
7-8
E11
0
4
.;gal
2.5. APPROVE AWARD OF CITYWIDE CONTRACT R 94-794 9
(1865-5/93-2): (a) ART & FRAME MART, 11/17/94
AMID (b) UNIVERSAL PICTURE FRAMES,
INC. -- FOR FRAMING OF PROTOCOL
DOCUMENTS / CERTIFICATES / PICTURES --
ALLOCATE FUNDS ( $12, 450) -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY OF
FUNDS.
2.6. ACCEPT BID: COMIVIER AIDED SERVICE R 94-795 10
(C.A.S.) -- FOR FURNISHING ONE ENGINE 11/17/94
ANALYZER FOR DEPARTMENT OF GSA & SOLID
WASTE / MOTOR POOL DIVISION -- ALLOCATE
FUNDS ($26,823.50).
2.7. ACCEPT BID: JONES EQUIPMENT COMPANY, R 94-796 10
INC. -- FOR FLEX CUFFS, FOR POLICE 11/17/94
DEPARTMENT -- ALLOCATE FUNDS
($17,174.40).
2.8. ACCEPT BID: OK FEED STORE -- FOR R 94-797 11
FURNISHING DOG FOOD FOR POLICE 11/17/94
DEPARTMENT'S CANINE DETAIL -- ALLOCATE
FUNDS ($10,651.20) -- EX'I= CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
2.9. ACCEPT BID: SHELLEY TRACTOR & R 94-798 11
EQUIPMENT COMPANY -- FOR FURNISHING TWO 11/17/94
LOADER / BACKHOES FOR PUBLIC WORKS
DEPARMTNT -- ALLOCATE FUNDS ($82,092).
2.10. AUTHORIZE
INCREASE
IN FUNDING FOR
R 94-799 12
ALTERNATIVES PROGRAM
-- ALLOCATE FUNDS
11/17/94
($70,000)
FUND (LETF).
FROM LAW
ENFORCEMENT TRUST
2.11. AUTHORIZE
FUNDING
OF THE CRIME
R 94-800 12
PREVENTION
PROGRAM
-- ALLOCATE FUNDS
11/17/94
( $100, 000)
FUND (LETF).
FROM LAW
ENFORCEMENT TRUST
2.12. RATIFY MANAGER'S APPROVAL OF $2,500 R 94-801 12-13
FLAT USE FEE -- FOR USE OF ORANGE BOWL 11/17/94
STADIUM BY THE DADE COUNTY FOOTBALL
i COACHES ASSOCIATION -- FOR ITS SECOND
ANNUAL STAN MARKS MEMORIAL DADE ALL-
STAR FOOTBALL GAME (DECEMBER 3, 1994).
2.13. RATIFY MANAGER'S ESTABLISHMENT OF R 94-802
SPECIAL CHARGES / TERMS / CONDITIONS -- 11/17/94
FOR USE OF ORANGE BOWL STADIUM BY PACE
MOTORSPORTS, INC., D/B/A
PACE/SUPERSPORTS AND SRO N10TOR SPORTS,
INC. -- FOR THEIR SUPERBOWL OF MOTOR
SPORTS (FEBRUARY 11, 1995).
2.14. EXECUTE AGREEMENT'S WITH: (a) PUBLIC R 94-803
POLICY RESEARCH INSTITUTE, INC., AND 11/17/94
(b) CENTER FOR BUSINESS AND INDUSTRY OF
MIAMI-DADE COMt4wTY COLLEGE (WOLFSON
CAMPUS) -- FOR PROFESSIONAL SERVICES AS
SUPERVISORY TRAINING PROGRAM
CONSULTANTS -- ALLOCATE FUNDS
($25,000).
2.15. AUTHORIZE MANAGER M ENTER INTO R 94-804
PROFESSIONAL SERVICES AGRE0,9NT WITH 11/17/94
THE NATIONAL DEVELOPMENT COUNCIL,
INC. -- TO PROVIDE SERVICES IN
CONNECTION WITH SECURING FINANCING FOR
RESIDENTIAL AND COMMERCIAL DEVELOPMENT
PROJECTS -- AUTHORIZE COMPENSATION FROM
SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT TRUST FUND (PROJECT
689001).
2.16. AMEND RESOLUTION 92-620 -- CHANGE NAME R 94-805
OF LAW FIRM WITH WHICH CRAIG J. FREGER 11/17/94
IS ASSOCIATED FOR LEGAL REPRESENTATION
OF BENJAMIN BOYKIN, ET AL. V. CITY OF
MIAMI, ET AL. (CASE NO. 88-2033-CIV-
KEHOE) -- FROM COFFEY, ARAGON, MARTIN
AND BURLINGTON, P.A. TO LASRIS, SAMUEIS
& FREGER, P.A.
j 2.17. CLAIM SETrLLMENT: WILLIAM AMID XIOMARA R 94-806
SWIKEHARDT ($12,500). 11/17/94
2.18. CLAIM SETTLEMENT: SONIA LEBESS R 94-807
($62,500). 11/17/94
2.19. CATEGORIZE 112 POLICE BATONS AS R 94-808
CATEGORY "A" STOCK -- DONATE TO CITY OF 11/17/94
SAN JOSE, COSTA RICA.
2.20. AUTHORIZE PAYMENT TO MUNICIPAL CODE R 94-809
CORPORATION ($6,305.86) -- FOR PRINTING 11/17/94
AND CODIFYING 292 PAGES OF CODE
- SUPPLEMENNT NO. 48.
13
13
14
14
15
15
15
16
2.21. RATIFY MANAGER'S WAIVER OF ALL USER R 94-810
FEES -- FOR USE OF ORANGE BOWL STADIUM 11/17/94
BY CUBA ANTE LA CUMBRE -- FOR STAGING
OF DEMONSTRATION FOR THE LIBERATION OF
CUBA (DECEMBER 10, 1994) -- EXECUTE
AGREEMENT.
3. RESCIND RESOLUTION 94-302 -- APPOINT R 94-811
INDIVIDUALS TO SERVE AS MEMBERS OF THE 11/17/94
BAYFRONT PARK MANAGEMENT TRUST.
(Appointed were: Mayor Clark and Vice
Mayor Dawkins (Co -Chairpersons), Rodney
Barreto, JoAnn Pepper, James E.
McDonald, Alan Weisberg, Ruth
Greenfield and Tina Hills. Pending
still is one appointment to be made.)
4. APPOINT JAMES SIMMONS TO SERVE AS A R 94-812
MEMBER OF THE BUDGES AND FINANCES 11/17/94
REVIEW COMMITTEE.
5. APPOINT / CONFIRM INDIVIDUALS AS R 94-813
MEMBERS OF THE BOARD OF TRUSTEES OF THE 11/17/94
CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST.
(Appointed was: Rose Gordon.
Confirmed was: Isabel Kato.)
6. ALLOCATE $50,000 TO THE MIAMI FILM R 94-814
FESTIVAL. 11/17/94
7. (A) AUTHORIZE MANAGER TO ENTER INTO R 94-815
AGREEMENT WITH SUMMIT OF THE AMERICAS, 11/17/94
INC. FOR A GRANT OF $200,000 TO BE
GIVEN TO SAID ORGANIZATION, SUBJECT TO
(a) SUBMITTAL OF A BUDGET TO MANAGER,
AND (b) COMPLIANCE WITH ANY OTHER
CONDITIONS / LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY -- ALLOCATE
FUNDS FROM METROPOLITAN DADE COUNTY
TOURIST BID TAX. (See label 46)
(B) DISCUSS RENTAL FEES FOR COCONUT
GROVE CONVENTION CENTER IN CONNECTION
WITH THE SUMMIT OF THE AMERICAS.
16
17-18
18-19
19-20
20-23
23-37
8.
(A) FIRST READING ORDINANCE: AMEND
ORDINANCE
CODE CHAPTER 39, ARTICLE II, BY
FIRST READING
ESTABLISHING THE DOWNTOWN MIAMI SPECIAL
11/17/94
VENDING DISTRICT -- REPEAL SECTION 39-
1E (LIMITATIONS WITHIN RESTRICTED
VENDING DISTRICTS) AND SUBSTITUTE NEW
SECTION 39-17 (LIMITATIONS WITHIN
DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT) -- ESTABLISH DISTRICT
BOUNDARIES / DIVISIONS -- PROVIDE FOR
EXCLUSIVE VENDING FRANCHISE
OPPORTUNITIES / LOCATIONS -- PROVIDE
CRITERIA FOR PARTICIPATING IN FRANCHISE
AWARD PROCESS -- PROVIDE FOR FRANCHISE
LOCATION, FRANCHISEE SELECTION AMID
FRANCHISE FEES -- ESTABLISH PUSHCART
DESIGN AND ACCESSORY CRITERIA --
PROVIDE FOR VENDING OPERATING
REGULATIONS / LIMITATIONS; ETC.
(B) INSTRUCT MANAGER TO INVESTIGATE
ALLEGATIONS OF IMPROPRIETY ON THE PART
OF CITY EMPLOYEE ACCEPTING BRIBE TO
ISSUE DOWNTOWN VENDING PERMIT FOR
SPECIAL LOCATIONS.
9.
DENY PROPOSED RESOLUTION TO AUTHORIZE
M 94-816
MANGER TO REALLOCATE $1,950,000 IN
11/17/94
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
10.
RATIFY MANAGER'S FINDING THAT EMEUMUY
R 94-817
NEED EXISTED -- WAIVE COMPETITIVE
11/17/94
SEALED BIDS -- APPROVE INSTALLATION OF
A PUBLIC ELEVATOR AT MIAMI CITY HALL
(PROJECT B-6219) BY M.E.T.
CONSTRUCTION, INC. -- ALLOCATE FUNDS
($146,673.83) -- RATIFY EXECUTION OF
CONTRACT.
11.
RATIFY MANAGER'S FINDING OF
R 94-818
EMERGENCY -- WAIVE COMPETITIVE SEALED
11/17/94
BIDS -- FOR REPAIR / REPLACEMENT OF
STORM SEWER AT S.E. 8 STREET AND S.
BAYSHORE DRIVE -- ALLOCATE FUNDS
($15,000 FROM CIP 352231) -- EXECUTE
CONTRACT.
38-46
47-66
66-71
72-73
i;r�
12. RATIFY MANAGER'S FINDING OF R 94-819
EMERGENCY -- WAIVE COMPETITIVE 11/17/94
SEALED BIDS -- FOR WIDENING OF
VIRGINIA KEY COMPOST FACILITY
SERVICE ROAD B-6216A AT NORTH END
OF VIRGINIA KEY -- ALLOCATE FUNDS
($98,645) FROM FY '94 RECYCLING
AND EDUCATION GRANT -- EXECUTE
NECESSARY DOCUMENTS.
13. TEMPORARILY RESTRICT VEHICULAR ACCESS R 94-820
TO MARLER AVENUE AT ITS INTERSECTION 11/17/94
WITH DOUGLAS ROAD.
14. GRANT REQUEST BY INNER CITY YOUTH R 94-821
CENTER FOR FEE WAIVER FOR USE OF ORANGE 11/17/94
BOWL (JANUARY 14, 1995).
15.
( A ) AUTHORIZE REIMBURSEMENT OF
R 94-822
ATTORNEY' S FEES TO KLAUSNER &
11/17/94
COHEN, P.A. FOR REPRESENTATION OF
MIAMI POLICE OFFICERS THOMAS
TRUJILLO AND EUGENE KOWALSKI.
(B) DIRECT ADMINISTRATION TO
NOTIFY DEPARTMENT HEADS OF NEW
CITY COMMISSION POLICY THAT NO
MORE OUTSIDE COUNSELS WILL BE
PAID FOR BY THE COMMISSION
WITHOUT PRIOR APPROVAL.
16.
GRANT REQUEST BY CATHOLIC SERVICES OF
R 94-823
LITTLE HAVANA FOR RENEWAL OF RENTAL FEE
11/17/94
WAIVER FOR OFFICE / CLOSET SPACE AT
MANUEL ARTIME COMMUNITY CENTER -- FOR
SOCIAL SERVICES RENDERED TO THE SOCIO-
ECONOMICALLY DEPRIVED RESIDENTS.
17.
GRANT REQUEST BY COCONUT GROVE CHANGER
R 94-824
OF COMMERCE AMID EAGLE BRANDS, INC. FOR
11/17/94
WAIVER OF FESTIVAL ORDINANCE 10764 TO
ALLOW AN ADDITIONAL EVENT IN CONNECTION
WITH THE SUPER BOWL IN COCONUT GROVE
SPECIAL EVENTS DISTRICT DURING JANUARY
1995.
18.
DISCUSS AND DEFER REQUEST BY NEW
M 94-825
WASHINGTUN HEIGHTS COMAJNITY
11/17/94
DEVELOPMENT CONFERENCE, INC. CONCERNING
PROPOSED APPLICATION TO THE U.S.
GOVERN ENr FOR A SECTION 108 LOAN
($15,000,000) IN CONNECTION WITH
CONSTRUCTION OF A HOTEL IN THE AREA.
73-75
76-81
81-84
91-92
93-99
19.
FIRST READING ORDINANCE: AMEND CODE --
FIRST READING
CREATE OVERTOWN ADVISORY BOARD -- SET
ORDINANCE
FORTH PROCEDURES FOR ELECTING
11/17/94
MEMBERS -- PROVIDE FOR TERMS OF OFFICE
/ VACANCIES / REMOVAL OF MEMBERS --
PROVIDE FOR STAFF SUPPORT /
REIMBURSEMENT OF BOARD EXPENSES•,
ETC. -- RESCIND RESOLUTIONS 82-645 AND
85-399.
20.
DISCUSSION CONCERNING OCCUPANCY
DISCUSSION
BY TRAVEL TRAILER FOR AN
11/17/94
INDEFINITE TIME AT 3370 THOMAS
AVENUE.
21.
BRIEF COMMENTS CONCERNING
DISCUSSION
POSSIBLE PROBLEMS RESULTING FROM
11/17/94
CURRENT LAWSUIT AFFECTING MIKE
KURYLA'S PROPERTY -- TABLE UNTIL
3:00 P.M. (See label 24)
22.
GRANT REQUEST BY SUNSTREET FESTIVAL
R 94-826
COMMITTEE, INC. FOR WAIVER OF ALL CITY
11/17/94
FEES ALLOWED BY CODE IN CONNECTION WITH
ITS FESTIVAL AND PARADE (DECIIM[BER 3,
1994). (See label 26)
23. (A) ESTABLISH SPECIAL CHARGES / TERMS / R 94-827
CONDITIONS FOR ISSUANCE OF A 30-DAY R 94-827.1
PARK PERMIT -- FOR USE OF PORTIONS OF 11/17/94
WATSON ISLAND BY THE NATIONAL MARINE
MANUFACTURERS ASSOCIATION, INC. -- FOR
EXHIBIT / PARKING / CONCESSION SPACE IN
CONNECTION WITH THE 1995 MIAMI
INTERNATIONAL BOAT SHOW (FEBRUARY 16-
22, 1995).
(B) AUTHORIZE MLAMI YACHT CLUB TO ENTER
INTO AGR VOU WITH NATIONAL MARINE
MANUFACTURERS ASSOCIATION (NMMA) -- FOR
USE BY NMMA OF CITY -OWNED PROPERTY ON
WATSON ISLAND FOR STAGING OF MIAMI
INTERNATIONAL SAILBOAT SHOW (FEBRUARY
16-22, 1995) -- SUB.TECT TO THE CITY
BEING REIMBURSED FOR COST OF HURRICANE
REPAIRS MADE TO MIAMI YACHT CLUB
PREMISES ($35,000).
100-102
102-111
113-114
115-116
24. (Continued discussion) PERSONAL
APPEARANCE: MIKE KURYLA
CONCERNING POSSIBLE PROBLEMS
RESULTING FROM CURRENT LAWSUIT
WHICH AFFECTS HIS PROPERTY --
DISCUSS POSSIBLE CONFLICT OF
INTEREST OF CURRENT PLANNING
ADVISORY BOARD CHAIRPERSON IN HIS
CAPACITY AS COUNSEL SUING THE
CITY. (See Label 21)
25. DESIGNATE CITY COMMISSION AS LOCAL
REDEVELOPMENT AUTHORITY FOR DEVELOPMENT
OF THE FORMER U.S. NAVAL RESERVE
CENTER - TIGERTAIL (GSA CONTROL NO. 4-
N-FL-962) -- DIRECT MANAGER TO SUBMIT
INFORMATION ON SAID AUTHORITY TO U.S.
DEPARTMENT OF DEFENSE FOR PUBLICATION
IN A PUBLIC NOTICE -- ISSUE A
SOLICITATION REQUESTING NOTICES OF
INTEREST AND PROGRAM NEEDS FOR PROJECTS
TO BE DEVELOPED ON THE PROPERTY --
DIRECT MANAGER TO PREPARE A
REDEVELOPMENT PLAN FOR THE PROPERTY FOR
CITY COMMISSION APPROVAL AFTER PUBLIC
HEARING. (See label 76)
26. (Continued discussion) GRANT
FUNDING REQUEST BY SUNSTREET
FESTIVAL COMMITTEE, INC. FOR
$10,000 IN CONNECTION WITH ITS
FESTIVAL AND PARADE (DECEMBER 3,
1994), SUBJECT TO MATCHING FUNDS
BEING PROVIDED BY METRO-DADE
COUNTY. (See label 22)
27. EMERGENCY ORDINANCE: ESTABLISH INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL
REVENUE FUND: VIOLENT STREET CRIMES
TASK FORCE -- ACCEPT GRANT ($17,643)
FROM U.S. DEPARTMENT OF JUSTICE, OFFICE
OF JUSTICE PROGRAMS -- EXECUTE
NECESSARY DOCUMENTS.
28. EMERGENCY ORDINANCE: AMEND ORDINANCE
11059, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR SPECIAL
REVENUE FUND: DRUG ABUSE RESISTANCE
EDUCATION -- PROVIDE FOR INCREASE OF
$70,217 AS RESULT OF SUCCESSFUL GRANT
APPLICATION FROM METROPOLITAN DADE
COUNTY -- EXECUTE NECESSARY DOCUMENTS.
s"a„1
DISCUSSION
11/17/94
R 94-828
11/17/94
R 94-829
11/17/94
EMERGENCY
ORDINANCE
11197
11/17/94
EMERGENCY
ORDINANCE
11198
11/17/94
117-120
121-123
124-126
127-129
130-131
29.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
131-133
SECTION 40-229 -- PROVIDE FOR CHANGES
11199
IN INVES'IMEN'I' GUIDELINES AND TYPES OE'
11/17/94
FUNDS WHERE INVESTMENT MAY BE MADE FOR
MEMBERS OF CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
30.
SECOND READING ORDINANCE: AMEND TEEM
ORDINANCE
133-134
OF OFFICE / REMOVAL OF MEMBERS OF THE
11200
HISTORIC AMID ENVIRONMENTAL PRESERVATION
11/17/94
BOARD TO CONFORM WITH PROVISIONS OF
ORDINANCE 11130 -- ESTABLISH FEES FOR
APPEALS OF DESIGNATIONS AND
CERTIFICATES OF APPROPRIATENESS --
AMEND CODE SECTIONS 62-71, 23.1-4 AND
23.1-5.
31.
SECOND READING ORDINANCE: AMEND
ORDINANCE
134-135
REQUIREMENTS FOR TERMS OF OFFICE /
11201
REMOVAL OF MEMBERS OF THE URBAN
11/17/94
DEVELOPMENT REVIEW BOARD TO CONFORM
WITH PROVISIONS OF ORDINANCE 11130 --
AMErID CODE SECTION 62-84.
32.
APPOINT CERTAIN INDIVIDUALS TO SERVE AS
R 94-830
135-138
MEMBERS / ALTERNATE MEMBER OF THE URBAN
11/17/94
DEVELOPMENT REVIEW BOARD. (Appointed
were: Daniel Williams, John Joseph
Riordan, Juan Bueno (Regular Members),
and Albert R. Perez (Alternate Member).
33.
FIRST READING ORDINANCE: AMEND CODE
FIRST READING
138-139
CHAPTER 2, ARTICLE X, SECTIONS 2-393,
ORDINANCE
2-403, 2-404, 2-405, 2-406, 2-407, 2-
11/17/94
408 AND 2-409 -- PROVIDE ENFORCEMENT
PROCEDURES AND CIVIL PENALTIES FOR CODE
ENFORCEMENT VIOLATIONS.
34.
FIRST READING ORDINANCE: AMEND CODE
FIRST READING
139-144
CHAPTER 2, ARTICLE X, SECTION 2-397 --
ORDINANCE
PROVIDE FEE SCHEDULE FOR MITIGATION OF
11/17/94
ACCUMULATED FINES WHICH ARE IMPOSED BY
THE CODE ENFORCEMENT BOARD.
35.
ACCEPT.' CITY CLERK'S CERTIFICATION /
R 94-831
DECLARATION OF RESULTS OF SPECIAL
11/17/94
MUNICIPAL ELl=ION HELD ON DER 8,
1994 CONCERNING PROPOSED CHARTER
AMENUMqT NO. 1 70 AMEND / DELETE
PROVISIONS REGARDING PROPOSED PROJECTS
IMPROVING / DISPOSING OF ALL CITY
PROPERTY BY: (1) ELIMINATING THREE
PROPOSAL SUBMISSION AND REFERENDUM
REQUIREMENTS FOR PROJECT APPROVAL; (2)
ESTABLISHING PROPOSER PREQUALIFICATION,
EVALUATION, APPROVAL AND PROTEST
PROCEDURES; (3) PROHIBITING PROJECTS
PROVIDING CITY LESS THAN FAIR MARKET
VALUE, EXCEPT PROJECTS OF COMMUNITY -
BASED ORGANIZATIONS AND EXISTING
EXEMPTIONS; AND (4) AUTHORIZING CITY
COMMISSION TO AMEND EXISTING / FUTURE
CONTRACTS AFTER AN ADVERTISED PUBLIC
HEARING -- DISAPPROVED BY THE
ELE TORATE .
36.
AUTHORIZE MANAGER TO ENTER INTO
R 94-832
AGREEMENT WITH GLADYS KIDD &
11/17/94
ASSOCIATES, INC. -- FOR PROFESSIONAL /
TECHNICAL SERVICES TO BE RENDERED FOR
PRODUCTION OF DEPARTMENT OF DEVELOPMENT
AND HOUSING CONSERVATION'S HOUSING
MASTERPLAN -- ALIAC.ATE FUNDS ($17,000).
37.
EXECUTE SUPPLEMENTAL INTERLOCAL
R 94-833
COOPERATION AGREEMENT WITH
11/17/94
METPROPOLITAN DADE COUNTY -- MODIFY
PREVIOUSLY AUTHORIZED INTERLOCAL
AGREEMENT' FOR IMPLEMENTATION OF THE
OMNI AREA COMMUNITY REDEVELOPMENT
DISTRICT (IN ACCORDANCE WITH CHAPTER
163, F.S.) -- ESTABLISH
RESPONSIBILITIES RELATIVE TO THE
PROPOSED PERFORMING ARTS CENTER AND THE
DADE COUNTY CO MMUNITY HOMELESS PLAN.
38.
COMMEND CESAR ODIO, CITY MANAGER,
DISCUSSION
CONCERNING RELOCATION OF THE
11/17/94
HOMELESS (NEXT TO FPL FACILITY),
AND THE CLEAN-UP OF THE CITY.
145-146
146-149
149-159
159
39. ACCEPT A HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT
($5,155,000) FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) --
EXECUTE NECESSARY CONTRACTS /
AGREEMENT'S -- ALLOCATE FUNDS AMID ENTER
INTO AGREEMENT'S WITH AM CIES AND
METROPOLITAN DADE COUNTY FOR PROVISION
OF SERVICES TO PERSONS WITH AIDS,
SUBJECT TO CITY COMMISSION APPROVAL AND
APPLICABLE CODE PROVISIONS.
40. FIRST READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND: HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) GRANT PROGRAM (FY 1994) --
APPROPRIATE $5,155,000 FROM U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- FOR IMPLEMETPATION
/ ADMINISTRATION OF 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAM.
41. EXECUTE AGREEMENT OF PURCHASE AND
SALE FOR CERTAIN PROPERTIES
LOCATED NORTH OF THE LYRIC
THEATER IN SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT DISTRICT,
WITH STEPHEN R. SONSON -- TOTAL
PURCHASE PRICE $239,134.40 (PLUS
PAYMENT OF 1993 TAXES
[$3,045.67], OUTSTANDING
DEMOLITION LIEN [$3,584.67], AND
SELLER'S PORTION OF DOCUMENTARY
STAMP TAX) -- ALLOCATE FUNDS FROM
SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT DISTRICT TRUST
FUND -- FOR DEVELOPMENT OF THE
SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT PROJECT.
42. RATIFY MANAGER'S ACTION IN DECLARING
REPLACEMENT OF ROOFS AT FIRE STATIONS
NO. 2 AND NO. 5 TO BE AN EMERGENCY AND
IN AWARDING CONTRACT TO J. VALIENTE,
INC. (BID HA94-3R, PACKAGE G) --
ALIOCATE FUNDS ($51,854) FROM CIP
313018 (RENOVATIONS OF FIRE STATIONS
AND OLD DRILL TOWER).
R 94-834
11/17/94
FIRST READING
ORDINANCE
11/17/94
R 94-835
11/17/94
R 94-836
11/17/94
160-161
161
162-163
163-167
43 . AUTHORIZE PAYMENT ($12, 800) TO LAW FIRM
R 94-837
OF SWEETAPPLE, BROEKER, VARGAS, P.A. --
11/17/94
FOR LEGAL SERVICES RENDERED CONCERNING
THE EMERGENCY VERIFIED COMPLAINT FOR
DECLARATORY, INJUNCTIVE AND
COMPENSATORY RELIEF PROCEEDINGS IN THE
CASE OF CYNTHIA JORDAN, ET A. (DUBARRY
APARTMENTS) VS. THE CITY OF MIAMI (CASE
NO. 93-1469 CIV-NESBITT) -- ALLOCATE
FUNDS FROM NUISANCE ABATEMENT BOARD
BUDGET.
44. ALLOCATE $30,000 (PLANNING, BUILDING &
R 94-838
ZONING DEPT. FY'95 BUDGET) -- FOR
11/17/94
COMPENSATION TO CODE ENFOR4II4ENT BOARD
SPECIAL COUNSEL.
45. CLAIM SETILEMENT: ABILIO CAMPOS, AS R 94-839
PERSONAL REPRESENTATIVE OF THE ESTATE 11/17/94
OF ROLANDO RIVERO, DECEASED ($115,000).
46. (A) (Continued discussion) INSTRUCT R 94-840
MANAGER TO REQUEST SPECIAL COMMISSION 11/17/94
MEETING IF DIES ARISE DURING THE
SUMMIT OF THE AMERICAS. (See label 7)
(B) WAIVE RENTAL FEES FOR SUMMIT OF THE
AMERICAS EVENT IN COCONUT GROVE
CONVENTION CENTER.
47. ACCEPT BID: ROYAL ENGINEERING R 94-841
CONSTRUCTION, INC. -- FOR CITYWIDE 11/17/94
SIDEWALK REPLACEMENT PROJECT - PHASE 5
(SECOND BIDDING) B-4558 -- ALLOCATE
FUNDS ($223,950, PLUS $27,197 ESTIMATED
EXPENSES, TOTALING $251,147) -- EXECUTE
CONTRACT.
48. ACCEPT BID: BRANCHING OUT, INC. -- FOR R 94-842
ABOVE GROUPED TANK INSTALLATIONS - PHASE 11/17/94
TWO B-5579(Y) -- ALLOCATE FUNDS
($234,378, PLUS $34,430 ESTIMATED
EXPENSES, TOTALING $269,808) FROM CIP
311009 -- EXECUTE CONTRACT.
49. ACCEPT BID: REBUILD CONSTRUCTION, R 94-843
INC. -- FOR DORSEY PARK 11/17/94
REHABILITATION - RECREATION BUILDING B-
6201-A -- ALLOCATE FUNDS ($146,662,
PLUS $23,293 ESTIMATED EXPENSES,
TOTALING $169,955) FRCfl4 CIP 331357 --
EX ECUIE CONTRACT.
168-169
169-170
171-172
172-173
174-175
175-176
176-177
50. DIRECT CITY ATTORNEY TO REQUEST LEGAL
M 94-844
OPINION OF STATE ATTORNEY GENERAL AS TO
11/17/94
WHETHER OR NOT THE CHAIRMAN OF THE
PLANNING ADVISORY BOARD CAN SERVE IN
THIS CAPACITY WHILE SIMULTANEOUSLY
REPRESENTING HIS CLIENTS' ZONING
INTERESTS BEFORE THE CITY COMMISSION --
DIRECT CITY ATTORNEY TO ALSO SEEK LEGAL
OPINION AS TO WHETHER OR NOT THE CITY'S
BOND COUNSEL CAN LEGALLY REPRESENT
CLIENTS BEFORE THE COMMISSION.
51. (A) APPROVE MEDICAL INSURANCE
R94-845
( $5, 000 ) FOR LEGAL COUNSEL FOR:
R 94-846
(1) CODE ENFORCEMENT BOARD, ( 2 )
R94-846.1
CIVIL SERVICE BOARD, AND ( 3 )
11/17/94
NUISANCE ABATEMENT BOARD. (Note:
This motion was immediately
rescinded and readopted as
Resolution 94-846.)
(B) RESCIND 94-845 -- APPROVE
MEDICAL INSURANCE ($5,000) FOR
LEGAL COUNSEL FOR: (1) CODE
ENFORCEMENT BOARD, (2) CIVIL
SERVICE BOARD, AND (3) NUISANCE
ABATEMENT BOARD -- STIPULATE THAT
COUNSEL FOR SAID BOARDS SHALL
RECEIVE ANNUAL PAYMENT OF
$30,000, PLUS MEDICAL INSURANCE.
52. EXECUTE NECESSARY DOCUMENTS WITH MARINA
R 94-847
FERNANDEZ -- FOR CREATION / FABRICATION
11/17/94
/ INSTALLATION OF ARTWORK FOR THE NEW
MORNINGSIDE PARK RECREATION BUILDING --
ALIOCATE FUNDS ($8,500) FROM CIP 331313
(MORNINGSIDE PARK RENOVATIONS.
53. GRANT FINAL APPROVAL OF THE LANDSCAPING R 94-848
PLAN AND PROCESS CLASS II SPECIAL 11/17/94
PERMIT FILE (94-2593) -- FOR
DEVELOPMENT WITHIN THE SD-13 S.W. 27
AVENUE GATEWAY DISTRICT AT 3052 S.W. 27
AVENUE, CONDITIONED UPON SUBSTITUTION
OF SIX SABAL OR WASHINGION PALMS
(MINIMUM 14 FEET) IN LIEU OF EUREKA
PAU45. (Applicant: Pasquale Renzi for
Royale Estates, Inc.)
178-183
184-193
193-196
197-198
54 . AMEN THE DOWNTOWN MIAMI DEVELOPMENT OF
REGIONAL IMPACT (DRI) MASTER AND
INCU24ENr I DEVELOPMENT ORDERS
(RESOLxTTIONS 87-1148 AND 87-1149, AS
AMENDED BY 91-698) -- FOR THE AREA OF
THE CITY OF MIAMI UNDER THE
JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUrWRITY (DDA), WITH THE
EXCEPTION OF THE SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT AREA -- AMEND
MASTER DEVELOPMENT ORDER TO CORRECT
NAME OF DEPAR7.MENT; EXTEND MASTER
DEVELOPMENT ORDER AND INCRIIMENT III
BUILD -OUT / TERMINATION DATES FROM
DECEMBER 31, 2007 TO DECEMBER 30, 2014;
AMEND INCRIIMENT I DEVELOPMENT ORDER TO
EMM BUILD -OUT / TERMINATION DATE OF
INCREMENT I FROM DECEMBER 30, 1997 TO
DECEMBER 30, 1999, SIMILARLY EXTENDING
DATE FOR PROTECTION AGAINST DOWNZONING;
EXTIM DATE FOR COMPLETING AIR QUALITY
MONITORING FROM MARCH 15, 1994 TO MARCH
15, 1997, AND EXTEND TIME 'DO CONTRACT
FOR CONSTRUCTION OF TRANSPORTATION
IMPROVEMENTS FROM 8 TO 10 YEARS FROM
EFFECTIVE DATE OF DEVELOPMENT ORDER;
AND AMEND INCRIIMENT II BUILD -OUT DATE
FROM DECEMBER 31, 1998 TO DECEMBER 30,
2005. (Applicant: Downtown
Development Authority.)
55. AMEND DOWNTOWN
MIAMI DEVELOPMENT OF
REGIONAL IMPACT (DRI) MASTER AND
INCRIIMENT
I DEVELOPMENT ORDERS
(RESOLUTIONS
87-1148 AMID 87-1149,
AMENDED BY 91-698) -- FOR THE AREA OF
THE CITY
OF MIAMI UNDER THE
JURISDICTION
OF THE DOWNTOWN
DEVELOPMENT
AUTHORITY , WITH THE
EXCEPTION OF
THE SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT AREA, THEREBY
AMENDING THE
MASTER DEVELOPMENT ORDER
BY CHANGING
THE INCREMENT I PROJECT
DESCRIPTION,
SIMULTANEOUSLY ADDING A
NEW LAND USE
CATEGORY AND INCREASING /
DECREASING
THE QUANTITIES OF
DEVELOPMENT
IN CERTAIN LAND USE
CATEGORIES IN
INCREMENT I. (Applicant:
Downtown Development Authority.)
R 94-849
11/17/94
R 94-850
11/17/94
199-201
202-203
56.
GRANT APPEAL OF CAPITAL BANK AND
R 94-851 203-208
REVERSE HISTORIC AND ENVIRONMENTAL
11/17/94
PRESERVATION BOARD'S DENIAL OF A
CERTIFICATE OF APPROPRIATENESS FOR
INSTALLATION OF A SIGN ON THE UPPER
EAST ELEVATION AT 169 E. FLAGLER STREET
(AL,FRED I. DUPONT BUILDING).
(Applicant/Appellant: Capital Bank.,
owner: A.I. duPont Building Partners.)
57.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 208-209
ATLAS -- CHANGE DESIGNATION AT 185 S.E.
11202
14 TERRACE FROM O-OFFICE TO SD-5
11/17/94
BRIC„KELL AVENUE AREA RESIDENTIAL -OFFICE
DISTRICT. (Applicant: Pointview Towers
of Curacao, N.V.)
58.
BRIEFLY DISCUSS AND TEMPORARILY
DISCUSSION 210-211
TABLE DISCUSSION OF PROPOSED
11/17/94
FIRST READING ORDINANCE TO AMEND
11000 ATLAS, CHANGING DESIGNATION
AT 2521 S. BAYSHORE DRIVE FROM R-
1 SINGLE-FAMILY RESIDENTIAL TO R-
1 SINGLE-FAMILY RESIDENTIAL AND
HP HISTORIC PRESERVATION OVERLAY
DISTRICT. (Applicant: Florence
Y. Connally.) (See label 65)
59.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 211-212
TEXT -- SECTION 401 (SCHEDULE OF
11203
DISTRICT REGULATIONS) TO ALLOW DISCOUNT
11/17/94
MEMBERSHIP MERCHIANDISERS AS A
CONDITIONAL PRINCIPAL USE IN THE C-1
RESTRICTED COMMERCIAL DISTRICT BY
SPECIAL EXCEPTION ONLY, AND
ESTABLISHING MINIMUM PARKING
REQUIRMM -- ADD TWO NEW RESERVED
SECTIONS -- ADD SECTION 944 (DISCOUNT
MEMBERSHIP MIISERS), ESTABLISHING
APPLICABLE REGULATIONS FOR SAID USE --
AMEND SECTION 2502 (SPECIFIC
DEFINITIONS) TO PROVIDE A DEFINITION
FOR DISCOUNT NEMIDERSHIP DOUiANIDISER.
(Applicant: Planning, Building &
Zoning Dept.)
60. AMEND 11000, ARTICLE 9, SECTION 926
(SIGNS; SPECIFIC LIMITATIONS AND
REQUIREMENTS) -- ADD NEW SUBSECTION
926.9 (SIGNS OF HISTORIC
SIGNIFICANCE) -- PROVIDE PROCEDURES FOR
EXEMPTING DESIGNATED SIGNS OF HISTORIC
SIGNIFICANCE FROM USUAL SIGN
LIMITATIONS. (Applicant: Planning,
Building & Zoning Dept.)
61. DISCUSSION CONCERNING PROPOSED
FIRST READING ORDINANCE TO AMEND
MIAMI COMPREHENSIVE NEIGHORHOOD
PLAN'S (MCNP) GOALS, OBJECTIVES
AND POLICIES, INTERPRETATION OF
FUTURE LAND USE PLAN MAP, SINGLE
FAMILY, DUPLEX AND MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL LAND USE
PARAGRAPHS -- BY INCLUDING
PROFESSIONAL OFFICES, TOURIST AND
GUEST HOMES, MUSEUMS AND PRIVATE
CLUBS OR LODGES AS PERMITTED LAND
USES ONLY WITHIN DESIGNATED
HISTORIC SITES / DISTRICTS IN
SINGLE FAMILY, DUPLEX, AND MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL
LAND USE CATEGORIES. (Applicant:
Planning, Building & Zoning
Dept.) (See label 64)
62. DISCUSS AND CONTINUE (TO DECEMBER
1ST MEETING) CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE
TO AMEND ORDINANCE 11000, ARTICLE
4, SECTION 401 (SCHEDULE OF
DISTRICT REGULATIONS) TO ALLOW
RETAIL SPECIALTY SHOPS, INCLUDING
THE SALE OF BOATING, FISHING,
DIVING AND SWIMMING SUPPLIES /
EQUIPMENT, AND OUTDOOR DISPLAY /
SALES OF BOATS IN PR - PARKS AND
RECREATION DISTRICTS AS A
CONDITIONAL ACCESSORY USE BY
SPECIAL EXCEPTION ONLY.
(Applicant: Planning, Building &
Zoning Dept.)
ORDINANCE
11204
11/17/94
DISCUSSION
11/17/94
DISCUSSION
11/17/94
212-213
214-217
217-221
63. FIRST READING ORDINANCE: AMEND
ORDINANCE 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
[MCNP]), GOALS, OBJECTIVES AND
POLICIES, INTERPRETATION OF THE
FUTURE LAND USE PLAN MAP,
RECREATION LAND USE PARAGRAPH --
INCLUDE CITY OF MIAMI OFFICES
AMONG LAND USES PERMITTED IN THE
RECREATION LAND USE CATEGORY.
(Applicant: Planning, Building &
Zoning Dept.)
64. (A) (Continued discussion) REOONSIDER
PRIOR VOTE ON AGENDA ITEM PZ-10. (See
label 61)
(B) FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHORHOOD PLAN'S
(MCNP) GOALS, OB,=IVES AND POLICIES,
INTERPRETATION OF FUTURE LAND USE PLAN
MAP, SIN= FAMILY, DUPLEX AND MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL LAND
USE PARAGRAPHS -- INCLUDE PROFESSIONAL
OFFICES, TOURIST AND GUEST HOMES,
MUSEUMS AND PRIVATE CLUBS OR LODGES AS
PERMITTED LAND USES ONLY WITHIN
DESIGNATED HISTORIC SITES / DISTRICTS
IN SINGLE FAMILY, DUPLEX, AND MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL LAND
USE CATEGORIES. (Applicant: Planning,
Building & Zoning Dept.) (See label
61)
65. (Continued) DISCUSS AND CONTINUE
CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 ATLAS,
CHANGING DESIGNATION AT 2521 S.
BAYSHORE DRIVE FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO R-1 SINGLE-FAMILY
RESIDENTIAL AND HP HISTORIC
PRESERVATION OVERLAY DISTRICT.
(Applicant: Florence Y. Connally.)
(See label 58)
FIRST READING
ORDINANCE
11/17/94
M 94-852
11/17/94
M 94-853
11/17/94
221-275
226-229
230-233
Jit)
66.
FIRST READING ORDINANCE: AMEND
FIRST READING 234-236
ORDINANCE 11000, ARTICLE 4, SECTION 401
ORDINANCE
(SC3ELE OF DISTRICT REGULATIONS) --
11/17/94
ALLOW AS A CONDITIONAL PRINCIPAL USE IN
PR (PARKS, RECREATION AND OPEN SPACE
ZONE DISTRICT) CITY OF MIAMI, INCLUDING
AUTHORITIES AND AGENCIES THEREOF,
AEMNISTRATIVE OFFICES / CONFERENCE
FACILITIES IN EXCESS OF 3,000 SQUARE
FEET BY MAJOR USE SPECIAL PERMIT, AND
LESS THAN 3,000 SQUARE FEET BY SPECIAL
EXCEPTION REQUIRING CITY C"USSION
APPROVAL. (Applicant: Planning,
Building & Zoning Dept.)
67.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE 237-238
APPROPRIATIONS FOR CITY OF MIAMI
11205
CAPITAL IMPROVEMENTS FOR FY 1994-95 --
11/17/94
REPEAL PROVISIONS OF ORDINANCE 11139
WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE.
68.
MAYOR STEPHEN P . CLARK REQUESTS
DISCUSSION 239
ADMINISTRATION TO REPORT BACK ON
11/17/94
POSSIBLE EXPANSION OF CHILD DAY
CARE FACILITIES TO ALLOW MORE
THAN 25 CHILDREN BY SPECIAL
EXCEPTION.
69.
AUTHORIZE FUNDING OF THE WOMEN'S
R 94-854 240-241
Ri.;TaSPHERIC CONFERENCE, HOSTED BY
11/17/94
MIA"4I-DADE Ca44UNITY COLLEGE, WOLFSON
CAMPUS (NOVEMBER 20-23, 1994) --
ALI=M FUNDS ($6,000) FROM LAW
ENFORCUOU TRUST FUND (LETF).
70.
PERSONAL APPEARANCE: MR. LUIS
DISCUSSION 241-246
LAUREDO, CHAIRPERSON OF THE
11/17/94
SUMMIT OF THE AMERICAS.
71.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 246-248
CONSIDERATION OF PROPOSED
11/17/94
RESOLUTION TO APPROVE FINDINGS OF
COMPETITIVE SELECTION COMMITTEE
AS TO TEAM TO PREPARE COCONUT
GROVE PLANNING STUDY. (See label
j
75)
72. DISCUSSION CONCERNING APPOINTMENT DISCUSSION 249
OF INDIVIDUALS TO THE HISTORIC 11/17/94
AND ENVIRONMENTAL PRESERVATION
BOARD. (See label 74)
73.
ACCEPT BID: ALL PETS DENTAL
R 94-855
CLINIC -- FOR FURNISHING ORAL
11/17/94
HYGIENE FOR POLICE WORK DOGS
ASSIGNED TO CANINE DETAIL, FOR
POLICE DEPARTMENT -- ALLOCATE
FUNDS ($4,860) -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
74.
(Continued discussion) APPOINT
R 94-856
INDIVIDUALS TO SERVE AS MEMBERS
11/17/94
OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD. (Appointed
were: Michael John George and
Jeanette Poole.) (See label 72)
75.
(Continued discussion) APPROVE
R 94-857
FINDINGS OF COMPETITIVE SELECTION
11/17/94
COMMITTEE AS TO MOST QUALIFIED
TEAM TO PROVIDE PROFESSIONAL
SERVICES IN PREPARING COCONUT
GROVE PLANNING STUDY. (See label
71)
76.
(Continued discussion) CLARIFYING
DISCUSSION
COMMENTS CONCERNING DEVELOPMENT
11/17/94
OF THE FORMER U.S. NAVAL RESERVE
CENTER IN COCONUT GROVE. (See
label 25)
77.
BRIEF COMMENTS CONCERNING
DISCUSSION
APPOINTMENT OF VICE MAYOR FOR
11/17/94
NEXT YEAR.
249-250
251
252-253
254
255
i
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 17th day of November, 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 9:11 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had withdrawn the following agenda items: CA-2
CA-17, CA-18, CA-27, 21, 45, and PZ-2.
1 November 1-7, 1994 -
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) Presentation of gifts to City of Miami from Sister City
Kagoshima, Japan.
----------------------------------------------------------------------------------------------------------------
2. (A) CONSENT AGENDA.
(B) DISCUSS AND DEFER (TO DECEMBER 1ST MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS WITH INDIVIDUALS TO
PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR
POLICE DEPARTMENT.
Mayor Clark: Prior to the distribution of today's agenda, CA-2, CA-27, CA-21, 25 and PZ-2
were withdrawn from the agenda. And following the distribution, CA-17 and 18 were
withdrawn. Mr. Plummer, do you have other requests?
Commissioner Plummer: Nine and 13.
Mayor Clark: Let me write them down. Nine and 13?
Commissioner Plummer: Yes, sir.
Mayor Clark: Mr. Gort?
Commissioner Gort: No. It's been pulled.
Mayor Clark: All right. Mr. Dawkins?
I Vice Mayor Dawkins: No, I pulled mine, thank you, Mr. Mayor.
Mayor Clark: All right. Mr. De Yurre?
i
Commissioner Plummer: You got any to pull, Victor? No, none.
Mayor Clark: I would like to add on the personal appearances at ten o'clock Mr. Michael
Kuryla, an item he would like to discuss with us for a few minutes on the Commission at ten...
Commissioner Plummer: Is that the regular agenda, Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: Item 10?
Mayor Clark: No, it's not item 10. It's just on the personal appearance section.
2 November 17, 1994
i
Commissioner Plummer: OK.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, if no one in the public wishes to speak on any of the
consent agenda, I move it.
Mayor Clark: All right.
Mr. Manuel Gonzalez-Goenaga: Yes. Excuse me, Mr. Plummer.
Commissioner Plummer: Nine and 13.
Mayor Clark: Just a moment. You'll be recognized.
Mr. Gonzalez-Goenaga: Oh. I see. I'm sorry.
Commissioner Plummer: I said if no one wants to speak from the public.
Mayor Clark: Do you wish to address something on the consent agenda?
Mr. Gonzalez-Goenaga: I think it's proper.
Mayor Clark: Give us your name and address for the...
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. And following the suggestion
of my dear Mayor, Steve Clark, I moved to the City of Miami. Address, 2469 Southwest 14th
Street, Miami, Florida. Zip code, 33145.
Mayor Clark: Thank you. Thank you.
Mr. Gonzalez-Goenaga: Well, and on top of that, I am a registered lobbyist for Citizens United
Against Police Brutality, and Citizens United Against Government Corruption.
Mayor Clark: Very good.
Mr. Gonzalez-Goenaga: I am... Well, to be extremely short, because...
Mayor Clark: On the agenda.
Mr. Gonzalez-Goenaga: On the agenda, on the consent agenda.
Mayor Clark: That's right, exactly.
Mr. Gonzalez-Goenaga: I am going to take it totally in all of them, overview, a general
statement.
I
Mayor Clark: Proceed.
i
Mr. Gonzalez-Goenaga: OK. This looks, with all these things that we're approving here, and
from what I have read today in the Miami Herald, which I might not agree a hundred percent, if I
follow the teachings of Jorge Mas Canosa, not to believe in the Herald, but the issue is that these
things must and cannot go on, and on, and on, and on. These things of doing things and then
asking the Commissioners for final approval by the City Manager, there is no excuse.
3 November 17, 1994
Everything is on an emergency, when there is no emergency, whatsoever. And let's face it, this
is becoming an imperial City under the ownership of Mr. Cesar. Thank you very much.
Mayor Clark: Thank you. Any other discussion on the consent agenda? Is there a motion on it?
A motion's in order. Moved by Mr. De Yurre.
Commissioner Plummer: I made the motion, Mayor.
Mayor Clark: Seconded by Mr. Plummer. If there are no exceptions, Madam Clerk, cast a
unanimous ballot for those present.
Commissioner Plummer: Mr. Mayor, excuse me. May I include, with the promise from the
Manager that they will come, and sit down, and fully explain 13, put it back on the agenda, I'll...
I don't like to do it that way, but I'll move 13.
Commissioner Gort: I have a question on 13, myself, too.
Mayor Clark: OK.
Vice Mayor Dawkins: What 13?
Commissioner Plummer: CA-13.
Commissioner Gort: I was going to pull 13, myself, too.
Commissioner Plummer: Well, I'll tell you what. Let's do it this afternoon. You come to both
of us, and then if we're...
Vice Mayor Dawkins: No, no, no. I've already told the policemen, I'm unhappy with this. OK?
I'm very... Isn't this the one we were talking about, Joe?
Mr. Cesar Odio (City Manager): Maybe if I can explain, Commissioner.
Vice Mayor Dawkins: No, ma'am. Y'all can put it on...
Mr. Odio: For one second.
Vice Mayor Dawkins: Let's do this. You have three Commissioners who have a desire to talk
about this. If you need it and you're willing to make some concessions, then I'm in favor of
bringing it back this afternoon. I'm in favor of bringing it back this afternoon.
Mr. Odio: OK. Yes, sir.
Vice Mayor Dawkins: In the event that you don't want to make no concessions, then bring it
back at the regular meeting.
Mr. Odio: Yes, sir. I think we need to address this because of the communications problem
we're having.
Vice Mayor Dawkins: Yeah, but, see... OK. But also, I told...
Mr. Odio: Yes, sir, I'm willing to make concessions.
Vice Mayor Dawkins: Well, I'll discuss it with you. OK. All right.
4 November 17, 1994
Mayor Clark: All right. We'll bring it back this afternoon.
Commissioner Plummer: Commissioner Dawkins, what I can't say off the record to you, I must
say on the record. The reason I was concerned, that I have been working with the Chief about
getting Dade Junior College to put in a course of training supervisors. That's where it seems to
be the problem, in the training. So I want you to know that Chief Warshaw has been in touch
with Padron, and they are going to be instigating a course to train the dispatchers. And that's
why I was alarmed this morning when I see this item on the agenda for a hundred thousand
dollars, when here I am, trying to work it through the junior college, so I just want you to know.
I can't tell you that off the record, and I'm telling you that's why my concern...
Vice Mayor Dawkins: Well, let me tell you on the record why I'm concerned, since I can't tell
you off the record.
Commissioner Plummer: All right, sir.
Vice Mayor Dawkins: OK? You all continually tell me you can't find anybody in the City of
Miami who wants to work, who can work, who's qualified to work, who we can train to work.
And now, you want to take this hundred thousand dollars and hire off -duty County people, and
what have you. So, no, I'm not going to vote to hire one person from the County. Now, if
you're interested in getting people from the City of Miami and put them to work, you got me.
OK? And that's my concern.
Mr. Odio: You're right.
Commissioner Gort: Let me tell you my concern.
Mayor Clark: Please, now, just a moment.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Let's hear from Mr. Gort and then we'll make a decision. Go ahead.
Commissioner Gort: My concern is, my understanding is, we can't keep people in there, and I
don't know who we're contracting with, who are the persons we're working with, or who are we
going to be contracting with. I would like to know that information. We tried to get that during
the... My staff goes to all the meetings, and we didn't get the answer on that. That's why I'd
like to...
Mayor Clark: Let's hear from Chief Warshaw for a minute.
Mr. Odio: Mr. Mayor, if I may just... We have had a very serious problem in a burnout
situation. We have people working many, many hours in that department. We have raised the
salary scale to keep people there, because we were training people, and then they would be
stolen away from other cities. It is a situation where the overtime is very, very high, because we
cannot find people to work in that scale. Don.
Chief Don Warshaw: Yeah. And, Mr. Mayor, you know, we're all in favor of hiring City of
Miami employees, City of Miami residents to do this work. The problem is, it takes a year to
train an experienced dispatcher, and we're down so many people that until we get experienced
people, and this course that Miami -Dade is going to put on is, hopefully, going to attract a large
number of City of Miami residents who, then, we can train and build our numbers back. But
until that happens, this is an emergency, in that we need qualified, trained and experienced
5 November 17, 1994
dispatchers to fill this gap. The next best thing after that is going to have to be to take police
officers off the street, and have them dispatching calls, because we just don't have people who
are trained, and that's the heartbeat of our whole organization. We've got to have qualified
people.
Mayor Clark: Just a minute. Just a minute. Mr. Gort, then Mr. Dawkins.
Commissioner Gort: Mr. Mayor, that's one of the questions that I have. My understanding is
that the people we're going to hire have to be qualified people, which my understanding is they
probably work in some other place, and if we do have burned people out in the City, those
people are going to be burned out from other places. We're going to get the burned out from
other places. These are the types of questions that I want answered.
Vice Mayor Dawkins: And also, with all respect to Chief Warshaw, this problem didn't come
into existence with Chief Warshaw, and I don't expect him to solve it overnight.
Commissioner Plummer: That's right. That's right.
Vice Mayor Dawkins: OK? So, now, Chief Warshaw, all due respect to you, I'm not going to
let you come in and try to solve a problem that you found. OK?
Chief Warshaw: I understand.
Vice Mayor Dawkins: So, now, if you want to sit down, and we work it out, I'm with you a
hundred percent.
Chief Warshaw: OK. I'll come see you.
Vice Mayor Dawkins: But I'm not going to sit here and let you all tell me that... Before you got
there, they were down I don't know how many workers. OK. They just told me that we do not
have anybody, because we're not competitive. OK? So if you're not competitive, you pay
competitive prices. And as Commissioner Gort just said, why are you going to take somebody
else who has put in his ten or eight hours in another shop, and bring him in to work overtime for
you, when he has filled - he or she - has filled in their eight hours some place else? They can't
function a hundred percent. So I mean, these are the problems 1 have, Chief.
Mayor Clark: All right. Now on CA-13, at the present time, it's been deferred or withdrawn.
What's the latest, J.L.?
Commissioner Plummer: I'm sorry, sir?
Mayor Clark: Leave it withdrawn, and we'll here it in full order on December the 1st?
Commissioner Plummer: Well, sir, we can always bring it back this afternoon. It's still
presently deferred at this time. We can always bring it back.
Mr. Odio: Let me bring it back December 1st. I think you, .have sople fair questions there and
we need to answer them.
Mayor Clark: All right. December the 1st. Defer it till the next meeting.
6 November 17, 1994
NOTE FOR THE RECORD: Agenda CA-13 was deferred until the
December 1, 1994 Commission meeting.
Commissioner Plummer: Fine.
Mayor Clark: Madam Clerk, there's a motion and a second. Call the roll on the consent agenda.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WA TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER PLUMMER, 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.
2.1. ACCEPT BID: VILA & SON LANDSCAPING CORP. -- FOR N.W. 1 AVENUE
BEAUTIFICATION PROJECT B-4574 -- ALLOCATE $33,745, PLUS $5,617
(EXPENSES) FROM 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS.
RESOLUTION NO. 94-790
A RESOLUTION ACCEPTING THE BID OF VILA & SON
LANDSCAPING CORP. IN THE PROPOSED AMOUNT OF
$33,745.00, TOTAL BID OF THE PROPOSAL, FOR "N.W. 1 AVENUE
BEAUTIFICATION PROJECT B-4574"; ALLOCATING FUNDS
THEREFOR FROM THE 19TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT CODE NO.
706202, ' IN THE AMOUNT OF $33,745.00 TO COVER THE
CONTRACT COST AND $5,617.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $39,362.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
7 November 17, 1994
r
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2. RATIFY MANAGER'S ACTION IN AWARDING BID ON EMERGENCY BASIS:
JAFFER ASSOCIATES, LTD. -- FOR PAN AMERICAN DRIVE MEDIAN -
IRRIGATION PROJECT B-2993-B -- ALLOCATE FUNDS ($7,077.93) (PROJECT
415002).
RESOLUTION NO. 94-791
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING,
THE ACTION OF THE CITY MANAGER IN AWARDING THE BID
OF JAFFER ASSOCIATES, LTD. IN THE PROPOSED AMOUNT OF
$5,981.00, TOTAL BID OF THE PROPOSAL, FOR "PAN AMERICAN
DRIVE MEDIAN IRRIGATION PROJECT B-2993-B" ON AN
EMERGENCY BASIS DUE TO THE COMPLETION DEADLINE FOR
THE MEDIAN IMPROVEMENTS; WITH MONIES THEREFOR
ALLOCATED FROM PROJECT NO. 415002, AS APPROPRIATED BY
THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT
ORDINANCE NO. 11139, IN THE AMOUNT OF $5,981.00 TO COVER
THE CONTRACT COST AND $1,096.93 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$7,077.93
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3. RATIFY MANAGER'S ACTION IN AWARDING BID ON EMERGENCY BASIS:
LANDSCAPING ASSOCIATES, INC. -- FOR PAN AMERICAN DRIVE MEDIAN -
LANDSCAPING PROJECT B-2993-C -- ALLOCATE FUNDS ($18,723.72) (PROJECT
415002).
RESOLUTION NO. 94-792
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING,
THE ACTION OF THE CITY MANAGER IN AWARDING THE BID
OF LANDSCAPING ASSOCIATES, INC. IN THE PROPOSED
AMOUNT OF $15,965.00, TOTAL BID OF THE PROPOSAL, FOR
"PAN AMERICAN DRIVE MEDIAN - LANDSCAPING PROJECT B-
2993-C" ON AN EMERGENCY BASIS DUE TO THE COMPLETION
DEADLINE FOR THE MEDIAN IMPROVEMENTS; WITH MONIES
THEREFOR ALLOCATED FROM PROJECT NO. 415002, AS
APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL
IMPROVEMENT ORDINANCE NO. 11139 IN THE AMOUNT OF
$15,965.00 TO COVER THE CONTRACT COST AND $2,758.72 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $18, 723.72.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 November 17, 1994
1
2.4. RATIFY MANAGER'S ACTION IN AWARDING BID ON EMERGENCY BASIS:
JAFFER ASSOCIATES, LTD. -- MORNINGSIDE PARK IRRIGATION SYSTEM -
IN VESTIGATION, INVENTORY AND TESTING PROJECT B-3228-E -- ALLOCATE
FUNDS ($11,410.87) (PROJECT 331338).
RESOLUTION NO.94-793
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING,
THE ACTION OF THE CITY MANAGER IN AWARDING THE BID
OF JAFFER ASSOCIATES, LTD. IN THE PROPOSED AMOUNT OF
$10,000.00, TOTAL BID OF THE PROPOSAL, FOR "MORNINGSIDE
PARK IRRIGATION SYSTEM - INVESTIGATION, INVENTORY
AND TESTING PROJECT B-3238-E" ON AN EMERGENCY BASIS;
WITH MONIES THEREFOR ALLOCATED FROM PROJECT NO.
331338, AS APPROPRIATED BY THE FISCAL YEAR 1993-94
CAPITAL IMPROVEMENT ORDINANCE NO. 11139 IN THE
AMOUNT OF $10,000.00 TO COVER THE CONTRACT COST AND
$1,410.87 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $11,410.87.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5. APPROVE AWARD OF CITYWIDE CONTRACT (1865-5/93-2): (a) ART & FRAME
MART, AND (b) UNIVERSAL PICTURE FRAMES, INC. -- FOR FRAMING OF
PROTOCOL DOCUMENTS / CERTIFICATES / PICTURES -- ALLOCATE FUNDS
($12,450) -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-794
A RESOLUTION APPROVING THE AWARD OF A CITYWIDE
CONTRACT FOR THE FRAMING OF PROTOCOL DOCUMENTS,
CERTIFICATES AND PICTURES UNDER DADE COUNTY
CONTRACT NO. 1865-5/93-2 FROM ART & FRAME MART AND
UNIVERSAL PICTURE FRAMES, INC., AT A PROPOSED FIRST
YEAR COST OF $12,450; ALLOCATING FUNDS THEREFOR FROM:
THE NET OFFICE PROGRAM, 251113 ($500); THE MAYOR'S
OFFICE, 920215-722 ($6,000); PARKS AND RECREATION, 580301-
722 ($150); POLICE 290201-722 ($4,500); FIRE -RESCUE, 280201-722
($1,000); COMMUNITY DEVELOPMENT 452023-799302 ($300);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT
FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME
PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
I AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 November 17, 1994
2.6. ACCEPT BID: COMPUTER AIDED SERVICE (C.A.S.) -- FOR FURNISHING ONE
ENGINE ANALYZER FOR DEPARTMENT OF GSA & SOLID WASTE / MOTOR
POOL DIVISION -- ALLOCATE FUNDS ($26,823.50).
RESOLUTION NO. 94-795
A RESOLUTION ACCEPTING THE BID OF COMPUTER AIDED
SERVICE (C.A.S.) FOR THE FURNISHING OF ONE (1) ENGINE
ANALYZER FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION
AT A PROPOSED COST OF $26,823.50; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/MOTOR POOL
DIVISION'S OPERATING BUDGET, ACCOUNT CODE NO. 421701-
840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7. ACCEPT BID: JONES EQUIPMENT COMPANY, INC. -- FOR FLEX CUFFS, FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS ($17,174.40).
RESOLUTION NO. 94-796
A RESOLUTION ACCEPTING THE BID OF JONES EQUIPMENT
COMPANY, INC. FOR THE PURCHASE OF FLEX CUFFS FOR THE
DEPARTMENT OF POLICE, AT A TOTAL PROPOSED COST OF
$17,174.40; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 290201-722; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 November 17, 1994
2.8. ACCEPT BID: OK FEED STORE -- FOR FURNISHING DOG FOOD FOR POLICE
DEPARTMENT'S CANINE DETAIL -- ALLOCATE FUNDS ($10,651.20) --
EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-797
A RESOLUTION ACCEPTING THE BID OF OK FEED STORE FOR
THE FURNISHING OF DOG FOOD FOR THE POLICE
DEPARTMENT'S CANINE DETAIL, ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT A TOTAL PROPOSED
ANNUAL COST OF $10,651.20; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-710; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION, AND THEREAFTER TO EXTEND THIS CONTRACT
FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME
PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9. ACCEPT BID: SHELLEY TRACTOR & EQUIPMENT COMPANY -- FOR
FURNISHING TWO LOADER / BACKHOES FOR PUBLIC WORKS
DEPARTMENT -- ALLOCATE FUNDS ($82,092).
RESOLUTION NO.94-798
A RESOLUTION ACCEPTING THE BID OF SHELLEY TRACTOR &
EQUIPMENT COMPANY FOR THE FURNISHING OF TWO (2)
LOADERBACKHOES FOR THE DEPARTMENT OF PUBLIC
WORKS AT A TOTAL PROPOSED COST OF $82,092.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 352231, ACCOUNT CODE NO.
319901-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 November 17, 1994
N�
2.10. AUTHORIZE INCREASE IN FUNDING FOR ALTERNATIVES PROGRAM --
ALLOCATE FUNDS ($70,000) FROM LAW ENFORCEMENT TRUST FUND
(LETF).
RESOLUTION NO. 94-799
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING
FOR THE ALTERNATIVES PROGRAM IN THE AMOUNT OF
$70,000 AND ALLOCATING FUNDS THEREFOR, IN THE
AFORESAID AMOUNT, FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA
STATE STATUTE 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11. AUTHORIZE FUNDING OF THE CRIME PREVENTION PROGRAM --ALLOCATE
FUNDS ($100,000) FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-800
A RESOLUTION AUTHORIZING THE FUNDING OF THE CRIME
PREVENTION PROGRAM AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12. RATIFY MANAGER'S APPROVAL OF $2,500 FLAT USE FEE -- FOR USE OF
ORANGE BOWL STADIUM BY THE DADE COUNTY FOOTBALL COACHES
ASSOCIATION -- FOR ITS SECOND ANNUAL STAN MARKS MEMORIAL DADE
ALL-STAR FOOTBALL GAME (DECEMBER 3, 1994).
RESOLUTION NO. 94-801
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S APPROVAL OF A
TWO THOUSAND, FIVE HUNDRED DOLLAR ($2,500) FLAT USE
FEE FOR THE USE OF THE ORANGE BOWL STADIUM BY THE
DADE COUNTY FOOTBALL COACHES ASSOCIATION FOR ITS
SECOND ANNUAL STAN MARKS MEMORIAL DADE ALL-STAR
FOOTBALL GAME ON DECEMBER 3, 1994; SAID FLAT USE FEE
APPROVAL CONDITIONED UPON THE USER PAYING ALL
STADIUM COSTS AND EXPENSES AND TICKET SURCHARGE
FOR SAID EVENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH DADE COUNTY FOOTBALL COACHES
ASSOCIATION FOR SAID PURPOSE.
12 November 17, 1994
t
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.13. RATIFY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES / TERMS /
CONDITIONS -- FOR USE OF ORANGE BOWL STADIUM BY PACE
MOTORSPORTS, INC., DB/A PACE/SUPERSPORTS AND SRO MOTOR SPORTS,
INC. -- FOR THEIR SUPERBOWL OF MOTOR SPORTS (FEBRUARY 11, 1995).
RESOLUTION NO. 94-802
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS, AS SPECIFIED
HEREIN, FOR THE USE OF THE ORANGE BOWL STADIUM BY
PACE MOTORSPORTS, INC., DB/A PACE/SUPERSPORTS AND
SRO MOTOR SPORTS, INC., FOR THEIR SUPERBOWL OF MOTOR
SPORTS ON FEBRUARY 11, 1995; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
PACE MOTORSPORTS, INC. AND SRO MOTOR SPORTS, INC., FOR
SAID PURPOSE, SUBJECT TO THE ORGANIZERS 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.)
2.14. EXECUTE AGREEMENTS WITH: (a) PUBLIC POLICY RESEARCH INSTITUTE,
INC., AND (b) CENTER FOR BUSINESS AND INDUSTRY OF MIAMI-DADS
COMMUNITY COLLEGE (WOLFSON CAMPUS) -- FOR PROFESSIONAL
SERVICES AS SUPERVISORY TRAINING PROGRAM CONSULTANTS --
ALLOCATE FUNDS ($25,000).
RESOLUTION NO. 94-803
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORMS, WITH PUBLIC
POLICY RESEARCH INSTITUTE, INC., AND THE CENTER FOR
BUSINESS AND INDUSTRY OF MIAMI-DADE COMMUNITY
COLLEGE (WOLFSON CAMPUS) FOR PROFESSIONAL SERVICES
AS SUPERVISORY TRAINING PROGRAM CONSULTANTS;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $25,000, FROM SPECIAL PROGRAM AND ACCOUNTS,
NO. 921003-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 November 17, 1994
2.15. AUTHORIZE MANAGER TO ENTER INTO PROFESSIONAL SERVICES
AGREEMENT WITH THE NATIONAL DEVELOPMENT COUNCIL, INC. -- TO
PROVIDE SERVICES IN CONNECTION WITH SECURING FINANCING FOR
RESIDENTIAL AND COMMERCIAL DEVELOPMENT PROJECTS -- AUTHORIZE
COMPENSATION FROM SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT TRUST FUND (PROJECT 689001).
RESOLUTION NO. 94-804
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE NATIONAL DEVELOPMENT COUNCIL, INC. TO
PROVIDE SERVICES IN CONNECTION WITH SECURING
FINANCING FOR RESIDENTIAL AND COMMERCIAL
DEVELOPMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED
$50,000; FURTHER AUTHORIZING COMPENSATION FROM
FUNDS AVAILABLE IN THE SOUTHEAST OVERTOWN/ PARK
WEST REDEVELOPMENT TRUST FUND ACCOUNT (PROJECT NO.
689001).
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.16. AMEND RESOLUTION 92-620 -- CHANGE NAME OF LAW FIRM WITH WHICH
CRAIG J. FREGER IS ASSOCIATED FOR LEGAL REPRESENTATION OF
BENJAMIN BOYKIN, ET AL. V. CITY OF MIAMI, ET AL. (CASE NO. 88-2033-
CIV-KEHOE) -- FROM COFFEY, ARAGON, MARTIN AND BURLINGTON, P.A.
TO LASRIS, SAMUELS & FREGER, P.A.
RESOLUTION NO. 94-805
A RESOLUTION AMENDING RESOLUTION NO. 92-620, ADOPTED
OCTOBER 8, 1992, THEREBY CHANGING THE NAME OF THE
LAW FIRM WITH WHICH CRAIG J. FREGER IS ASSOCIATED
WITH FOR THE LEGAL REPRESENTATION OF BENJAMIN
BOYKIN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 88-2033-
CIV-KEHOE, FROM COFFEY, ARAGON, MARTIN AND
BURLINGTON, P.A. TO LASRIS, SAMUELS & FREGER, P.A.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
14 November 17, 1994
i
2.17. CLAIM SETTLEMENT: WILLIAM AND XIOMARA SWIKEHARDT ($12,500).
RESOLUTION NO. 94-806
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO WILLIAM SWIKEHARDT AND XIOMARA SWIKEHARDT,
HIS WIFE, THE SUM OF $12,500.00, WITHOUT ANY ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA,
CASE NO. 93-15298 CA (13); ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.18. CLAIM SETTLEMENT: SONIA LEBESS ($62,500).
RESOLUTION NO.94-807
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO SONIA LEBESS, THE SUM OF $62,500.00, WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CIRCUIT COURT OF
DADE COUNTY, FLORIDA, CASE NO. 93-23522 CA (06);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.19. CATEGORIZE 112 POLICE BATONS AS CATEGORY "A" STOCK -- DONATE TO
CITY OF SAN JOSE, COSTA RICA.
RESOLUTION NO.94-808
A RESOLUTION CATEGORIZING 112 POLICE BATONS AS
CATEGORY "A" STOCK AND DONATING THE SAME TO THE
CITY OF SAN JOSE, COSTA RICA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 November 17, 1994
1
f
2.20. AUTHORIZE PAYMENT TO MUNICIPAL CODE CORPORATION ($6,305.86) --
FOR PRINTING AND CODIFYING 292 PAGES OF CODE SUPPLEMENT NO. 48.
RESOLUTION NO. 94-809
A RESOLUTION AUTHORIZING PAYMENT TO MUNICIPAL CODE
CORPORATION IN THE AMOUNT OF $6,305.86 FOR THE
PRINTING AND CODIFYING OF 292 PAGES OF THE CODE OF THE
CITY OF MIAMI; ALLOCATING FUNDS THEREFOR FROM THE
CITY CLERK'S FISCAL YEAR 1994-95 GENERAL OPERATING
BUDGET.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.21. RATIFY MANAGER'S WAIVER OF ALL USER FEES -- FOR USE OF ORANGE
BOWL STADIUM BY CUBA ANTE LA CUMBRE -- FOR STAGING OF
DEMONSTRATION FOR THE LIBERATION OF CUBA (DECEMBER 10, 1994) --
EXECUTE AGREEMENT.
RESOLUTION NO. 94-810
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S WAIVER OF ALL USER FEES FOR THE
USE OF THE ORANGE BOWL STADIUM BY "CUBA ANTE LA
CUMBRE" FOR THE STAGING OF A DEMONSTRATION FOR THE
LIBERATION OF CUBA, SAID EVENT TO BE HELD ON
DECEMBER 10, 1994; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A .FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND "CUBA
ANTE LA CUMBRE", SAID USE SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN AN
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
NOTE FOR THE RECORD: ON MOTION DULY MADE BY VICE
MAYOR DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER, THE MINUTES OF THE REGULAR COMMISSION
MEETING OF SEPTEMBER 8, 1994 AND THE PLANNING AND
ZONING COMMISSION MEETING OF SEPTEMBER 22, 1994
WERE APPROVED BY THE COMMISSION.
16 November 17, 1994
----------------------------------------------------------------------------------------------------------------
3. RESCIND RESOLUTION 94-302 -- APPOINT INDIVIDUALS TO SERVE AS
MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST.
(Appointed were: Mayor Clark and Vice Mayor Dawkins (Co -Chairpersons),
Rodney Barreto, JoAnn Pepper, James E. McDonald, Alan Weisberg, Ruth
Greenfield and Tina Hills. Pending still is one appointment to be made.)
----------------------------------------------------------------------------------------------------------------
i
Mayor Clark: Item number 2 in the regular agenda.
Commissioner Plummer: Are all of these people up for reappointment, Ira?
Mr. Ira Katz: This basically clarifies the appointments that you previously made, Commissioner.
i
Commissioner Plummer: Well, if it's... For the record, I will stick with Alan Weisberg, who is
my appointment.
Commissioner Gort: I'll stick with James McDonald.
Mayor Clark: All right. Mr. Dawkins.
Vice Mayor Dawkins: I don't even know what we'll doing here, so I'll stick... I'm going to
stick with whatever we got here.
Commissioner Plummer: You got Jo Ann Pepper.
Vice Mayor Dawkins: Uh-huh. Well, see, I know that, and they don't put it on here, but they
got everybody else's on here.
Commissioner Plummer: No, sir. They got it at...
Vice Mayor Dawkins: OK? So I'll just...
Mayor Clark: Right here, it's on this page here.
Vice Mayor Dawkins: Move the next one. Go ahead, somebody.
Mayor Clark: It's on here. Vice Mayor Dawkins, Jo Ann Pepper.
Vice Mayor Dawkins: Two.
Mayor Clark: That's it. All right. We need a motion on this, Madam Clerk.
Commissioner Plummer: Move it.
Commissioner De Yurre: Second.
Mayor Clark: Mr. De Yurre, you have Dewey Knight, III.
Commissioner De Yurre: I want to hold off on that.
17 November 17, 1994
Mayor Clark: Sir?
Commissioner De Yurre: I want to hold off on that.
Mayor Clark: OK. All right. Motion and a second.
Commissioner Plummer: Move those names submitted.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-811
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-302,
ADOPTED MAY 5, 1994, WHEREBY CERTAIN INDIVIDUALS WERE
APPOINTED TO SERVE AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST, AND SUBSTITUTING IN LIEU THEREOF A NEW
RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commission- Wi£redo 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 JAMES SIMMONS TO SERVE AS A MEMBER OF THE BUDGET
AND FINANCES REVIEW COMMITTEE.
Mayor Clark: Item number 3.
Commissioner Plummer: Who appointed Larry Hanfield?
Commissioner Gort: That's my appointment, and I'd like to, at this point, appoint James
Simmons.
Mayor Clark: Is there a second?
18 November 17, 1994
Commissioner Plummer: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-812
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE BUDGET AND FINANCES REVIEW COMMITTEE TO FILL THE
l REMAINDER OF AN UNEXPIRED TERM.
(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.
----------------------------------------------------------------------------------------------------------------
5. APPOINT / CONFIRM INDIVIDUALS AS MEMBERS OF THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST. (Appointed was: Rose
Gordon. Confirmed was: Isabel Kato.)
Mayor Clark: Number 4, item 4.
Commissioner Plummer: That's by them, usually, and who do they recommend?
Mayor Clark: The resolution reappointing two members to the City of Miami...
Commissioner Plummer: OK. We got to call them by name. Rose Gordon is one and Isabel...
Commissioner Gort: Isabel Kato. Second.
Commissioner Plummer:... Kato.
Vice Mayor Dawkins: I don't see but one here. I see the term of Isabel Kato.
Commissioner Plummer: And Rose Gordon.
Mayor Clark: Rose Gordon, down in the second paragraph, right here.
19 November 17, 1994
Commissioner Plummer: Charlie Cox submitted the list of those two names. Did anybody move
it?
Ms. Matty Hirai (City Clerk): Yes, sir, we have the motion.
Commissioner Plummer: Is it seconded?
Ms. Hirai: Yes, sir, it was.
Commissioner Plummer: Fine.
Mayor Clark: Any further discussion? Hearing none, cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-813
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD
OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS
DESIGNATED HEREIN; FURTHER, CONFIRMING THE SELECTION OF AN
INDIVIDUAL BY THE AFSCME BARGAINING UNIT, AS A MEMBER OF THE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST, FOR A TERM AS DESIGNATED HEREIN.
i (Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------------------------------------------------------------------------------------------
6. ALLOCATE $50,000 TO THE MIAMI FILM FESTIVAL.
Mayor Clark: All right. Item number 5.
Commissioner Plummer: The recommendation of the Administration?
Mr. Cesar Odio (City Manager): Mr. De Yurre asked this to be placed on the agenda.
20 November 17, 1994
1r
Commissioner De Yurre: Yes. Last year, we gave fifty thousand dollars to the Miami Film
Festival, and this is something that I believe should have been placed on the budget on an annual
basis, and it wasn't. So at this time, I would like to recommend that we do give them the same
fifty that we gave them last year for the program.
Mayor Clark: Let me ask this question on discussion for a moment. How much money did you
receive the other day from the Tourist Development Council?
Commissioner Plummer: I think it was twenty.
l! Mayor Clark: What's that?
I Mr. James Hawkins: Twelve thousand.
Commissioner Plummer: Twelve.
Mayor Clark: Twelve thousand?
Commissioner Plummer: That's right, they were cut down from twenty.
Mayor Clark: How much is Dade County giving you?
Mr. Hawkins: I'm sorry. What was the question?
Mayor Clark: Dade County giving you?
Vice Mayor Dawkins: Name and address, sir.
Mr. Hawkins: James Hawkins. You want my personal address?
Vice Mayor Dawkins: Yes.
Mr. Hawkins: 3565 West Glencoe Street, Coconut Grove.
Mayor Clark: How much money did Dade County Commission apply to you?
Mr. Hawkins: The TDC (Tourist Development Council)?
Mayor Clark: No. The Dade County Commission.
Mr. Hawkins: Nothing currently.
Mayor Clark: Ms. Kennedy, I remember very vividly, when I was on that Commission, I gave
you fifty thousand dollars from the County.
Ms. Rosario Kennedy: That's correct.
Mayor Clark: That's not forthcoming this year?
Ms. Kennedy: Excuse me. For the record, Rosario Kennedy, 2601 South Bayshore Drive. Yes,
Mr. Mayor, we are going to get, I think, I believe it's thirty thousand dollars from the County.
However, that has not happened yet.
Mayor Clark: Fifty thousand dollars, Mr. Manager?
21 November 17, 1994
Mr. Cesar Odio (City Manager): If you ask me, we don't have that money.
Commissioner Plummer: How much of the film festival is taking place in Miami, the City of?
Ms. Kennedy: Every film is shown at Gusman Center, every single one, and we use the local
hotels in the City of Miami.
Commissioner De Yurre: Needless to be said, it's a prestigious thing for our City, and it's
known throughout the world, and 1 really can't think of, you know, too many things that would
be better spent.
Commissioner Plummer: Is it seconded? Is it seconded?
Commissioner Gort: Miller seconded.
Mayor Clark: Yeah, it's been seconded.
Commissioner Plummer: Call the roll.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-814
A RESOLUTION ALLOCATING AN AMOUNT, NOT TO EXCEED $50,000, FROM
THE METRO-DADE TOURIST BED TAX IN SUPPORT OF THE 1995 ANNUAL
MIAMI FILM FESTIVAL TO BE HELD AT THE GUSMAN CENTER FOR THE
PERFORMING ARTS ON FEBRUARY 3-12, 1995; SAID ALLOCATION BEING
CONDITIONED UPON COMPLIANCE WITH ANY CONDITIONS AND
LIMITATIONS AS MAY BE 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 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.
Ms. Kennedy: Thank you.
22 November 17, 1994
NOTE FOR THE RECORD: At this point discussion concerning
medical insurance for legal counsel on boards (agenda item 6 was
deferred until the afternoon session.
-------------------------------------------------------------•---------------------------------------------------
7. (A)AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
SUMMIT OF THE AMERICAS, INC. FOR A GRANT OF $200,000 TO BE
GIVEN TO SAID ORGANIZATION, SUBJECT TO (a) SUBMITTAL OF A
BUDGET TO MANAGER, AND (b) COMPLIANCE WITH ANY OTHER
CONDITIONS / LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY -- ALLOCATE FUNDS FROM METROPOLITAN DADE COUNTY
TOURIST BED TAX. (See label 46)
(B)DISCUSS RENTAL FEES FOR COCONUT GROVE CONVENTION
CENTER IN CONNECTION WITH THE SUMMIT OF THE AMERICAS.
Mayor Clark: Item number 7.
Mr. Cesar Odio (City Manager): You requested information on what's happening on the
Summit, and the cost, and I would like Chief Warshaw. Raul? Go ahead.
Chief Donald Warshaw: Good morning, Mr. Mayor.
Mayor Clark: Good morning, Chief.
Chief Warshaw: Let me just state for the record that the Summit of the Americas is a City of
Miami event. And I know the newspapers and the things you read and hear on television is that
it's a South Florida event, it's a Dade County event. Maybe Dade County and South Florida are
going to benefit, as I know they are, to the tune of millions, and some say billions of dollars after
the Summit is over. But basically, the Summit of the Americas is taking place in the City of
Miami, and the great majority of the official Summit events, in conjunction with the actual
Summit itself, are going to be held in the City. Now, the Police Department has been working
very closely with the White House people, with the Federal agencies, and with other agencies in
Dade County, and has come up with a very elaborate and detailed comprehensive security plan
to deal with all security issues related to the Summit. And we prepared this morning, without
divulging some of the security measures that we really can't at this point, to let you know exactly
what it is that we've done, what we're going to be doing, and give you some information about
what we anticipate the costs are going to be, in terms of police overtime.
Commissioner Plummer: Well, let's put it this way. This Commission has authorized, and not a
penny more, two hundred and fifty thousand dollars... two hundred thousand dollars. OK? Now,
before you ever enter into anything else, this Commission has got to approve it. Anything else.
This City is the one who can least afford. Now, let me backtrack. The Summit is one of the best
things that ever happened to this community, and hopefully, it will be. But who gave anyone the
authorization to extend beyond the two hundred thousand dollars? Nobody. Now, did we
appoint the chairman? Uh-uh, no. We didn't appoint the chairman. So don't tell me it's a
Miami event. If it's a Miami event, it's because others have failed. Now, all I'm saying to you
is, till this date, and I can't speak for my colleagues, not one person has been to my office to
explain to me, a voting member of this Commission, if, in fact, we're going to spend above two
hundred thousand dollars, because you, Mr. Chief, you, Mr. Manager, have not been authorized
23 November 17, 1994
by this Commission to spend more than two hundred thousand dollars. Now, from what I'm
being told from the outside - not from the inside, where I should be getting my information - this
thing is going to be a financial "boondoggle." We heard that they were going to raise twelve
million dollars, and at the last that I've heard, they've raised two million dollars. All I'm saying
to you is that for this one vote, before you spend one penny more than the two hundred thousand
dollars, this Commission has to vote on it, as far as I know.
Mr. Odio: No, no, no. That's why we're here today, to tell you what we have to do. We did not
know what the venues were until very recently. We did not know what the requirements of the
Miami Police Department would be, and, by the way, we don't have a choice on that matter. We
have been requested by the Federal Government, Secret Service, to provide security. And then...
Commissioner Plummer: Mr. Manager...
Mr. Odio: And then, we will apply for reimbursement. But we have... We are willing to tell
you today, up front, what we think now the cost will be in overtime. But the venues, because
now the venues are in the City of Miami. We have here at the Coconut Grove Exhibition Center
is the Trade Fair. it will be here for three days. It's a key event. It will have the whole world
press here, at least five thousand members, so...
Commissioner Plummer: Two things, Mr. Manager.
Mr. Odio: If I may finish, Commissioner.
Commissioner Plummer: Go ahead.
Mr. Odio: We have been chosen to have the Summit at the Knight Center, the final Summit
meeting, and the gala event the night before will be at the Knight Center, and that site has been
selected. And Vizcaya will be the private meeting of the Presidents. Brickell Key will have the
other event that has now been chosen for the First Ladies. So most of the events are within the
City limits. We have to provide security. We have to provide security. And what we now know
is we have figured out the cost, approximate cost.
Chief Warshaw: About six hundred...
Mr. Odio: We don't have... In the meantime, we have to provide security for demonstrations
that will be taking place all over the City, and the organized march that will be taking place
December loth. The responsibility has fallen on us.
Commissioner Plummer: Mr. Manager, is it not a true statement that in the beginning, the
County was running the show and were telling you what to do?
Mayor Clark: No.
Mr. Odio: No, sir. The County has never told us what to do.
Commissioner Plummer: And they failed, and you had to take over.
Mayor Clark: J.L....
Mr. Odio: The County has never told us what to do.
Mayor Clark: J.L., the County thought they were running the show.
Commissioner Plummer: That's right, they sure were, and they were acting like they were
running the show.
24 November 17, 1994
Mayor Clark: Well, they... Yeah, but they're not.
Commissioner Plummer: Let me say to you, Mr. Mayor, that in watching cable, the County
Commission meeting the other day, they unanimously told their Administration, we don't know
what's going on, we have not been invited, we do not know what is happening, and they have
stopped funding. Mr. Manager, what I'm saying to you... Please understand what I'm saying. I
want the Summit here. It's great. But, Mr. Manager, not you, nor the Chief were authorized to
go beyond that two hundred thousand dollars.
Mr. Odio: We have not spent one dollar from anything, Commissioner.
Commissioner Plummer: OK.
Mr. Odio: We are trying to tell you today what we must spend.
Commissioner Plummer: And then we'll agree or disagree.
Mr. Odio: And if you would allow us to do that, I'll be glad to inform you of what we have to
do, as far as security is concerned, Commissioner.
Mayor Clark: Mr. Dawkins, you have the floor.
Vice Mayor Dawkins: I have to agree with J.L. Plummer. From the very onset of the Summit,
the City Manager and I called Washington...
Commissioner Plummer: This is going to be a financial disaster.
Vice Mayor Dawkins: ... asking the people in Washington, how could we get involved. The
City Manager and I got in touch with Washington, and spoke with the people on Governor's
Island, and offered housing that would be secure. They did not pay us any attention. The
Manager took it upon himself, which I never would have done, to say, I'm going to work with
this, because of the benefit of the City of Miami. They never intended... I called the Governor's
office, I got no response. You don't see one City Commissioner appointed to nothing.
Commissioner Plummer: That's right.
Vice Mayor Dawkins: Not a thing. Although... Now, all of a sudden, it's my City of Miami's
event. OK? Why? Because everything else has fallen through, and, as usual, Mr. Mayor, they
expect you to provide the leadership to pick it up, OK? Which we will help you to do. But...
Mayor Clark: I'll need a wheelbarrow to do it.
Vice Mayor Dawkins: Yes, sir. But I'm going to go on record. The Miami Herald already said
we do everything after the fact. I'm going on the fact now. Tell me what you plan to do with the
two hundred thousand, and don't spent no more than one hundred thousand, one hundred and
ninety-nine dollars and ninety-nine cents.
Mr. Odio: Well, are you saying we are not to provide security?
Vice Mayor Dawkins: I wouldn't care if the second coming of Christ comes. OK?
Mr. Odio: Fine.
25 November 17, 1994
Vice Mayor Dawkins: No, no. You see, you're telling me that... This is a Federal thing, now,
and you say the Federal Government is asking you for security. I've asked them...
Commissioner Plummer: Not one of us are involved.
Vice Mayor Dawkins: Wait a minute, Mr. Manager. Mr. Manager, let's you and I be sure we
understand what we're doing here. Let's be sure we understand what we're doing, now. Wait a
minute. OK? Why is it so important to you what the Federal Government says to you now,
when you've been telling the Federal Government for fifteen years, you're not giving me money
for the immigrants that you're bringing in here? They're not paying you any attention, but now,
you want to be... to do what they say do.
Mr. Odio: Sir, we have an obligation...
Vice Mayor Dawkins: Not over two hundred thousand dollars.
Mr. Odio: ... to make sure that the Summit doesn't fail.
Vice Mayor Dawkins: Why? Why do we have that obligation, Mr. Manager?
Mr. Odio: Because the people, those Presidents will be in our City limits.
Vice Mayor Dawkins: No, no, no. Why do we have, we, the City of Miami, what gives us the
right to be responsible for it not failing?
Mr. Odio: We have to do it.
Vice Mayor Dawkins: What, what, why?
Mr. Odio: Well, I'll let the Chief explain to you why we have to provide security.
Vice Mayor Dawkins: No, no, no. I don't want the Chief to explain to me anything about
security. I want the Manager to tell me why it is so important, and why it is the City of Miami's
responsibility alone, having nothing to do with...
Commissioner Plummer: Because everybody else failed. That's the truth.
Vice Mayor Dawkins: ... with Miami Beach, Coral Gables, Hialeah, with none of those people,
but only the City of Miami has to see it doesn't fail.
Mr. Odio: No, sir. The City...
Mayor Clark: Let me. Mr. Dawkins...
Vice Mayor Dawkins: Hold it. The Mayor wants to say something.
Mayor Clark: Wait a minute. You were elected to a position, as I was, and all the members up
here, to provide for the health, the welfare, and the safety of all persons, regardless of what the
meeting was, or what the complication was, and that's our obligation. Now, we're going to have
to live up to that obligation. Now, maybe the Federal Government has a little backward step
here. But if we're going to do this, you're talking about black eyes, you'll be lucky if you wind
up with your head on your shoulders. That's our responsibility. That's what the Manager is
telling you. This is our City. We've got to protect it for the health, welfare, and safety of all the
people. Sir, please, now, have a seat. Relax a minute, will you?
26 November 17, 1994
Mr. Jim McMaster: I would like to speak on this item when you... before you finish.
Mayor Clark: Well, you will have a chance, but please sit down. Don't bother us right now.
Mr. McMaster: Thank you.
Mayor Clark: This is an obligation on behalf of this City. Now, Chief, I'm going to ask you
why it's an obligation on us right here, your sworn duty.
Chief Warshaw: Yes. Mr. Mayor, let me just tell you that the State Department has coded all of
the venues that are official Summit venues in the City of Miami, and we've been working with
the State Department, and with the Federal agencies to provide security for the welfare and the
well being of the delegates, the Presidents, the ministers, and all of the entourages...
Commissioner Plummer: That's Secret Service.
Chief Warshaw: ... that are coming with the President, our President, and, of course, all of the
Presidents of all the various countries who are attending. So, you know, there is a procedure
through the State Department for reimbursement for overtime. Last year in Seattle, there was the
Asian Pacific Summit, where they spent in excess of... a little over a million dollars, and got
back eight hundred and fifty or nine hundred thousand dollars in overtime. And we've made a
strong statement to the Federal Government, to the State Department that we intend...
Mayor Clark: Early on, early on.
Chief Warshaw: ... right up front, right. Now, the people who will be eligible for overtime will
be those who can demonstrate they had security at the coded venues, and therein is where there
is the conflict. All of those coded venues are in the City of Miami, and that's why the City of
Miami, where we have the responsibility to provide that security, is going to be doing that. So
while we are going to be looking to the County and other agencies to assist us where we need
them, basically...
Commissioner Plummer: They've fallen on their backs.
Chief Warshaw: ... it's our responsibility and our City, and we have devised a security plan
where we're going to be going on alpha/bravo configuration for three days, and I can go into a
little bit more detail with that, you know, if you'd like. And we estimate the cost of that to be
somewhere in the area of six hundred and fifty thousand dollars for overtime. And that's going
to happen the three major days of the Summit, all located in the City of Miami.
Commissioner De Yurre: Mr. Mayor...
Mr. Odio: To add to Commissioner Dawkins' question, please...
Mayor Clark: Wait a minute. Let Willy...
Mr. Odio: Coral Gables is paying for the security at the Biltmore, and Miami Beach is paying
for the ,security at the events at the Bal Harbor...
Chief Warshaw: And the Fountainebleau.
Mr. Odio: ....and the Fountainebleau. So we all...
27 : November 17, 1994
Commissioner Plummer: Did their Commission approve it or not?
Mr. Odio: I am not aware of what they have done. I do know that Coral Gables has the
responsibility for the Biltmore, and Miami Beach Police has the responsibility for the Bal Harbor
and the Fountainebleau.
Mayor Clark: Commissioner Gort.
Commissioner Gort: Mr. Mayor, my question was, what was the City's involvement in trying to
bring the Summit here? Because as I recall, we all worked together with the County, the State,
to bring the Summit here, and we were very proud when we brought it here. I can understand
the frustration of my fellow Commissioners, because I have the same thing. I have people
coming up to me in the streets asking me, "What's going to happen in the Summit?" My answer
is, "Gee, I don't know." Some people in the street know a lot more than I do. I think the biggest
frustration that we have is not having the details. And I can understand from what you're saying
today, that the Federal Government is not giving you details of what's going on. My
understanding, in reading an article, from what I read, Commissioner Dawkins, the same
frustration is taking place in South and Central America. My understanding is they don't know
what's going on. The agenda hasn't been put together. So I think our message is, we somehow
have got to get this act together, because this could be the best thing for us, or it could be the
worst thing that could happen to us.
Commissioner Plummer: That's right.
Commissioner Gort: And if this is not put together correctly, this could be the worst thing that
could happen to us. I mean, we don't need any more negative publicity than what we've had in
the past. I think this last year, we have turned things around a little bit, and we need somehow to
take advantage of this. But I think somehow, what the Commissioners are saying is, if we're
going to put the money, we want to know how, why, and we want to be part of the decision, also.
Commissioner Plummer: Mr. Mayor.
Mr. Odio: The decisions...
Commissioner Plummer: Mr. Mayor, one of the things, and Mr. Gort is right, we were one of
the ones that went after the Summit, but we, among other people, the State of Florida, Dade
County, and other cities. Now, all of those have pretty much backed out, and now, we're left
holding the bag. They have backed out.
Mr. Odio: No, sir.
Commissioner Plummer: Well, sir, then why did you wile recommend this Commission give
two hundred thousand dollars in the initial instance?
Mr. Odio: (Inaudible response.)
Commissioner Plummer: No, you didn't. Now you're coming back asking for six hundred and
fifty thousand...
Mr. Odio: No.
Commissioner Plummer:... and I guarantee you...
Mr. Odio: No, no.
28 November 17, 1994
Commissioner Plummer:... it will not cover.
Mr. Odio: That's not...
Commissioner Plummer: Because you're only talking about police. What about all of the rest?
A Police Department, who, you say to me, we don't have enough policemen to take care of what
we've got. Who's going to take care of those demonstrations you're talking about while these
people are chauffeuring the other people around?
Vice Mayor Dawkins: Fire Department.
Commissioner Plummer: Well, we are.
Vice Mayor Dawkins: Fire Department, Fire Safety.
Mayor Clark: All right. Let's hear...
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: We need to maybe put our egos aside a little bit here...
Commissioner Plummer: Yeah.
Commissioner De Yurre: ... and understand the significance of what we're dealing with. We're
talking about a major event that's going to put Miami among the elite cities of the world.
Commissioner Plummer: Hopefully.
Commissioner De Yurre: Well, if we do things right.
Commissioner Plummer: Hopefully.
Commissioner De Yurre: And that is something that I welcome. I'd love to have this type of
situation here as often as possible, and this is something where we, as a City, if we do our thing
right, and I expect it to happen right because of the quality of people that we have here as
professionals that it's going to put Miami, as the City, for the three days that they're going to be
here, on every newspaper throughout the world. It's going to happen. Now, we're talking about
six hundred and fifty thousand dollars. We're talking about six hundred and fifty thousand
dollars of overtime policework that is in the budget already, as it has been explained before.
That's where the money is going to come from. If we have some other type of emergency, we
have a hurricane, if we have an unrest, whatever, that money is earmarked already for that type
of situation. So the money is there, and it's there to be used for that type of purpose. And if I
recall, I don't know, after the hurricane, if the police came to us to approve the emergency
spending of the overtime. That's something that's there, automatic, to be spent for this kind of
purpose.
Commissioner Plummer: That's what it's for.
Commissioner De Yurre: So I am one that says, listen, I want this event here. We will do
whatever it takes to ensure the safety of the people, to ensure that those that want to demonstrate,
demonstrate within their rights, that they can voice their opinion, that everything that America is
29 November 17, 1994
all about can be expressed during those three days in the City. And we have a duty to make sure
that it goes well, so I have no problem going ahead, and if that's the money that's needed, that's
going to be used for that, let's go ahead and do it, let's move on and let's put the show.
Mayor Clark: All right. This gentleman is going to speak, then we'll come to a decision here.
Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. I'm just curious. How does this
relate to item number 41, that comes up in a little while, which would allow the City Manager...
Pardon me?
Mayor Clark: When that comes up, we will do justice.
Mr. McMaster: Well, it would allow the City Manager to, with the... to approve purchase orders
of a hundred and fifty...
Mayor Clark: Sir, we'll take it... We set the agenda. You wait till we get to 41.
Mr. McMaster: So the six -fifty will not be the total amount.
Vice Mayor Dawkins: Wait till we get to 41.
Mayor Clark: We understand that. We understand that.
Mr. McMaster: So item 41...
Mayor Clark: Stay around. You'll have a chance to argue that point.
Mr. McMaster: So the answer is item 41 will be additional money over the six hundred and fifty
thousand.
Mr.Odio: Yes.
Mayor Clark: You'll have a chance to argue it at that time.
Commissioner Plummer: No.
Mr.Odio: Yes.
Commissioner Plummer: No. Not...
Mr.Odio: Yes.
Mr. McMaster: No?
Commissioner Plummer: Additional over the six hundred and fifty thousand?
Vice Mayor Dawkins: Take 41 up when we get to 41, J.L. We got a whole lot of stuff here.
Commissioner Plummer: Well...
Mr. McMaster: Well, I'll come to 41, but it appears to be additional over the six hundred and
fifty.
Commissioner Plummer: Well, excuse me. That's what my question was. Beyond the six -fifty,
how much more do you anticipate?
30 November 17, 1994
Mr. Odio: Well, OK. Let me put it this way.
i
Commissioner Gort: That's item 41.
Commissioner Plummer: Well, we're discussing the Summit. That's what this item is listed.
Mayor Clark: Well, let's find out. Let's find out.
Mr. Odio: OK. Excuse me. Let me put it on the record. We need to pass a resolution. By the
way, I need this, Mr. Mayor and Commissioners, allocating the two hundred thousand dollars
officially, so that we can have a contract. The money was in the budget, and we need to...
Vice Mayor Dawkins: Contract with who?
Mr. Odio: So that we can contract...
Vice Mayor Dawkins: A contract with whom?
Mr. Odio: With the Summit of the Americas, Incorporated.
Vice Mayor Dawkins: We have a sign a contract to provide our own security? No, no way. No
way.
Mr. Odio: No, no, no. Please. This is to alto... The two hundred thousand dollars that were in
the budget, we need to pass a resolution, according to the Law Department, to make it official.
Mayor Clark: We will.
Mr. Odio: It was a line item on the... That's the two hundred thousand dollar grant.
A. Quinn Jones, III, Esq. (City Attorney): What you did, Mr. Mayor, is you appropriated two
hundred thousand dollars as a line item in the budget. What we decided, which was the proper
means, so it wouldn't be unfettered discretion on the part of this group to use the money as they
deemed fit, to ensure that the funds are adequately spent the way they're supposed to be spent,
we need a contract with this group to ensure that the two hundred...
Vice Mayor Dawkins: What group?
Mr. Jones: The group is called the Summit of Americas. That's the group that's putting on the
Summit.
Vice Mayor Dawkins: No.
Commissioner Plummer: Just don't give them the money.
Vice Mayor Dawkins: Well, OK. Mr....
Mr. Jones: Excuse me?
Commissioner Plummer: Just don't give them the money.
Vice Mayor Dawkins: Mr. City Attorney, Mr. City Attorney, very seldom do I disagree or argue
with you, but this is one vote that does not feel that I have to sign a contract with my Police
Department to spend the tax dollars to provide security and overtime for them. Now, I'm not...
31 November 17, 1994
Chief Warshaw: No, not security.
Commissioner Plummer: No, no, no. It's not the policemen.
Vice Mayor Dawkins: I will not support that.
Commissioner Plummer: Not, it's not...
Mr. Jones: Commissioner, this has nothing to do with security. This is... You, this
Commission, some months ago, decided it would give this particular group, the Summit of the
Americas, which is putting on the Summit, a two hundred thousand dollar contribution.
Vice Mayor Dawkins: To do what?
Mr. Jones: What I'm saying to you is that, so that the money will be protected and they won't
have unfettered discretion to just use it without any documentation or whatever, the best way so
we can ensure that the money is spent the way it's intended to be spent is for the City to enter
into a contract with this group.
Vice Mayor Dawkins: OK. All right. Does the document you have in your hand say that this
two hundred thousand dollars will be spent on security, security only?
Mr. Jones: It has nothing to do with security.
Vice Mayor Dawkins: Well, then, that's... You're saying tell them what to do with my money.
Mayor Clark: This is a contribution, Miller, of getting involved in the Summit. Sir, please, now,
have a seat. You've spoken.
Mr. McMaster: Thank you very much.
Mayor Clark: Thank you.
Commissioner Plummer: Mr. Mayor, I'm still asking for the bottom line.
Mr. Odio: Can I finish? We need to do one at a time, please, Commissioner.
Commissioner Plummer: Twenty-one days before this multimillion dollar event, and we still
don't have answers. And this is a hell of a way to run an airline.
Mr. Odio: How can we give you answers if you don't let me reply? Let me give you the
answers.
Commissioner Plummer: Sir...
Mr. Odio: You won't allow me to do that.
Commissioner Plummer: Sir, I asked you...
Mayor Clark: Now, wait a minute. We're not getting out of control. J.L., make your statement,
and I'm going to bring this to a vote right now. Let's... up or down.
Commissioner Plummer: What I'm asking, sir, is the bottom line, the same question I asked
three weeks ago, and I still haven't got an answer prior to today.
32 November 17, 1994
Mr. Odio: If I may reply. We need to pass this resolution. This is two hundred thousand dollars
that was in the budget. We have a six hundred and fifty thousand dollar overtime estimated
expenditures. We have an item that will require not to exceed up to a hundred and fifty thousand
dollars in case we...
Mayor Clark: For anything that may take place.
Mr. Odio: ... in any emergencies we may have, like Port-o-lets, for demonstrations, barricades,
food for the police officers, in case we do have an emergency situation.
Commissioner Plummer: A million dollars.
Mayor Clark: All right. Please, now on the motion.
Mr. Odio: We do not want to... We are asking you up front, so that you cannot complain after
the fact, that we came here and asked you, that we may have these emergencies, and we need to
have this authority up front. That's what I see. And we need to waive the rental of the Knight...
Mayor Clark: Willy, let's move it on.
Mr. Odio: ... of the Convention, Coconut Grove Convention Center, which is an estimated
amount of twenty thousand dollars. That's where the fair will be held for three days. And we
fought very hard to bring them here.
Mayor Clark: That's not in this resolution.
Mr. Odio: No, sir. There are three, three issues we need.
Mayor Clark: I understand. All right.
Commissioner Plummer: No. The only thing in this resolution, as I understand it, is the two
hundred thousand dollar donation.
Mayor Clark: That's right, exactly.
Mr. Odio: The two hundred thousand dollar grant that is in the budget.
Commissioner Plummer: And I ask the question again. If we are now saddled with all of this
cost, why are we giving them any money? Why don't we use this money towards the security
which we're now having to do?
Mr. Odio: We committed. It was a commitment made to every group, to the Dade County, to all
the other cities, to the Federal Government, that the City would contribute two hundred thousand
dollars, if the Summit came here. And it was in the budget, and I think we need to live up to our
commitment. We Just gave, at your motion, fifty thousand dollars to the Film Festival.
Mayor Clark: That's right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Please, now, please.
Commissioner Plummer: Not my motion.
33 November 17, 1994
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Mayor Clark: Do I have a motion on this item?
Commissioner Gort: Mr. Mayor, my...
Commissioner De Yurre: Mr. Mayor.
Commissioner Gort: My understanding is when we voted on this, my understanding was that we
were doing this as part of our responsibility to bring the Summit down here.
Commissioner Plummer: Yeah.
Commissioner Gort: And I voted on that purpose. And this is... My understanding is this is
what they're asking here now.
Mr. Odio: It's what we're asking up front.
Commissioner Gort: For the commitment that we had in there. This is not a total cost. This is
the commitment that we made from the beginning.
Commissioner Plummer: That's right.
Commissioner Gort: For that reason, I move to... I move this motion, this resolution.
Mayor Clark: Is there a second?
Commissioner Plummer: Now it's eight hundred thousand dollars more.
Commissioner Gort: I'm going to vote on it anyhow.
Mayor Clark: Motion and a second on the two hundred thousand dollar resolution.
Commissioner Plummer: That's on this motion alone, I will vote favorably. The additional
eight hundred thousand dollars....
Mayor Clark: Well, wait, wait. We'll get to that, J.L. Let... Don't get to that right now.
Commissioner Plummer: OK, sir. OK.
Mayor Clark: Call the roll, Madam Clerk.
34 November 17, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-815
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN SUMMIT OF THE AMERICAS, INC. AND THE
CITY OF MIAMI, FOR A GRANT TO BE GIVEN TO SAID ORGANIZATION IN
THE AMOUNT OF $200,000; FURTHER, ALLOCATING AN AMOUNT NOT TO
EXCEED $200,000 FROM METROPOLITAN DADE COUNTY TOURIST BED TAX,
FY 1994-1995 IN SUPPORT OF SAID ORGANIZATION, SAID ALLOCATION
SUBJECT TO THE ORGANIZERS: (1) SUBMITTAL OF A BUDGET TO THE CITY
MANAGER; AND (2) COMPLIANCE WITH ANY OTHER 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 De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
CommissionerJ. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Yes, I vote yes. We made a commitment. We'll live up to it.
COMMENTS MADE AFTER ROLL CALL:
Mr. Odio: The next one, Mr. Mayor, I need a resolution, a motion that allows us to waive the
rental fees for the Coconut Grove Exhibition Center.
Vice Mayor Dawkins: That's in this motion?
Mayor Clark: No.
Commissioner Plummer: Bring that in with item 41.
Vice Mayor Dawkins: Is this a pocket item?
Mayor Clark: Yes.
Mr. Odio: It's a separate motion.
Vice Mayor Dawkins: It's a pocket item.
35 November 17, 1994
Mayor Clark: That's what it is.
Mr. Odio: It is... It is.
Vice Mayor Dawkins: OK. Go ahead.
Mr. Odio: Yes, it is.
Vice Mayor Dawkins: Go ahead. I just need to know what it is.
Mr. Odio: It's part of the... You asked me what you need to spend. This is part of that.
Commissioner Plummer: It's part of 41.
Mayor Clark: Go ahead. Is there a motion on this item, Willy?
Vice Mayor Dawkins: What is it... What...
Commissioner Plummer: I would ask this motion be put over to item 41, which we'll take the
whole thing.
Mr. Odio: Fine.
Commissioner Plummer: Which I'll probably invoke the rule.
j Vice Mayor Dawkins: No, I will not invoke the rule.
Mr. Odio: .And we do have the overtime that we estimate, six hundred and fifty thousand
dollars.
Mayor Clark: Are we finished with that now?
Commissioner Plummer: Excuse me. Before item 41 comes up, you better come out here, Mr.
Chief, with a paper for each one of these Commissioners, showing us exactly where that money
is going to be used. Exactly.
Mayor Clark: Wait a minute, J.L. Let me tell you something.
Commissioner Plummer: Yeah, budget.
Mayor Clark: I know you're giving instructions here, but I'm not giving those instructions.
Commissioner Plummer: Excuse me. Mr. Mayor, I'm saying for my vote.
Mayor Clark: OK, fine. Very good.
Commissioner Plummer: OK? I want to know where that money is going.
Mayor Clark: I do, too, but I'm not ordering these things like that.
Commissioner Plummer: He doesn't have to do it.
Mayor Clark: We have an emergency ordinance to decide, next item, on item number 8.
36 November 17, 1994
I
Commissioner De Yurre: Mr. Mayor, if I may ask something, just to be clear.
Mayor Clark: Yeah.
Commissioner De Yurre: Do we need to have a Commission vote to... for an emergency
expense? That's my... It may be redundant.
Mr. Odio: No, sir, you don't.
Commissioner De Yurre: So, I mean, like is this being done just for our own edification, so we
understand what's being spent?
Mr. Odio: We are doing this so that Commissioner Plummer would be satisfied that we are
informing him up front of what we expect to spend.
Commissioner De Yurre: But, you don't need our vote to go ahead and spend it.
Mr. Odio: No, we don't.
Commissioner Plummer: That's true, except when you come back for a four -fifths vote, if you
don't have four -fifths vote, you lose.
Mr. Jones: No, not for the overtime.
Commissioner Plummer: Oh, the overtime is already in the budget, but not for this.
Commissioner De Yurre: You're talking about the one -fifty, is what we're... and the twenty.
Commissioner Plummer: That's what I'm talking about, yeah.
Commissioner De Yurre: That's something else. But the six -fifty, really, doesn't need to come
to a vote.
Commissioner Plummer: The six...
Mayor Clark: Let us move forward.
Commissioner Plummer: Go ahead.
i
I
37 November 17, 1994
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8. (A)FIRST READING ORDINANCE: AMEND CODE CHAPTER 39,
ARTICLE II, BY ESTABLISHING THE DOWNTOWN MIAMI SPECIAL
VENDING DISTRICT -- REPEAL SECTION 39-17 (LIMITATIONS
WITHIN RESTRICTED VENDING DISTRICTS) AND SUBSTITUTE
NEW SECTION 39-17 (LIMITATIONS WITHIN DOWNTOWN MIAMI
I SPECIAL VENDING DISTRICT) -- ESTABLISH DISTRICT
BOUNDARIES / DIVISIONS -- PROVIDE FOR EXCLUSIVE VENDING
FRANCHISE OPPORTUNITIES / LOCATIONS -- PROVIDE CRITERIA
FOR PARTICIPATING IN FRANCHISE AWARD PROCESS -- PROVIDE
FOR FRANCHISE LOCATION, FRANCHISEE SELECTION AND
FRANCHISE FEES -- ESTABLISH PUSHCART DESIGN AND
ACCESSORY CRITERIA -- PROVIDE FOR VENDING OPERATING
REGULATIONS / LIMITATIONS; ETC.
(B)INSTRUCT MANAGER TO INVESTIGATE ALLEGATIONS OF
IMPROPRIETY ON THE PART OF CITY EMPLOYEE ACCEPTING
BRIBE TO ISSUE DOWNTOWN VENDING PERMIT FOR SPECIAL
LOCATIONS.
i
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Mayor Clark: Item 8, amendment to the sidewalk and street vendors ordinance.
Commissioner Plummer: Mr. Mayor, this was to be sent back to try to work out a compromise
between the vendors and the downtown merchants.
Mayor Clark: I don't know what's happened. What's happened? What has happened?
Commissioner Plummer: Well, that's what I thought was supposed to be done, and I don't see
any of the merchants or the vendors here. I assume, then, they're in order. Are they here?
There were two items, as I recall, that were still up in the air, and they were trying to work out.
Everything else was agreeable. Number one was the fee to be charged by the City; number two,
that there would be a rotation of the locations. There now has been brought to my attention a
third concern, and that concern is in reference to the cleanup, that they have to clean up
themselves and want to take away their trash, and not stuff everything downtown. Now, that was
what I understood were the items to come back.
Mayor Clark: Yes, ma'am.
Ms. Arleen Weintraub: Good morning. I'm Arleen Weintraub, the downtown NET
(Neighborhood Enhancement Team) Administrator. The three things that you mentioned,
Commissioner Plummer, the issue of cleanup around the vending zone itself is in our current
ordinance, and that is continued in the proposed ordinance. I have not heard that to be an issue.
Mayor Clark: Ladies and gentlemen, let me tell you, those signs are not permitted in this
Commission room, so take them outside. Don't expose them in here. Get them outside. You're
liable to put somebody's eye out with those things. Please, now, those signs go outside the
Commission room, right now.
Ms. Weintraub: The issue of rotation of spots, the proposed ordinance doesn't call for a rotation.
It calls for some sort of a fair, objective system, and we're calling it a lottery. Any system that
achieves the same things, I don't think we at the City would have a problem with, but it does
need to be a fair system, to assign vendors for a one-year period to a specific location, so that we
can get away from our current problem, which is a first come, first serve basis on the street daily.
38 November 1-7, 1994
Mayor Clark: All right. Mr. Knight and Mr. Knox.
Mr. George Knox: Thank you very much, Mr. Mayor and members of the Commission.
Mayor Clark: Have you worked this out, George?
Mr. Knox: We've worked it out essentially, but I must advise you that there are some significant
problems with aspects of the ordinance; not with the concerns that have been expressed on
behalf of the so-called downtown business community. We had four things that were of some
concern, and I believe it's fair to say two of them have been completely worked out. And the
other two concerns don't relate to the relationship between the downtown business interests and
the vendors, but they relate to the relationship between the vendors and the City. And those two
items have to do with, number one, what the vendors believe is an unreasonable, unnecessary
requirement for an outlandish amount of liability insurance for the kind of operation that push
cart vendors engage in, number one. Number two, there is a fundamental problem with an
apparent attempt by the City through this ordinance to both regulate a business activity, and at
the same time, obtain revenue for the City by the operation of that same regulated activity. In
other words, there is no reasonable relationship, there is no basis in fact, in administrative fact,
for the amount of so-called franchise fees that have been required to be exacted from these street
vendors. As much as two hundred dollars per month, payable in the following manner: Payable,
one half of twelve hundred... of twenty-four hundred dollars at the beginning of the so-called
franchise period, and the balance of another twelve hundred dollars within six months of the
franchise period. This is... This is virtually regulating street vendors out of business, based upon
sworn testimony, if you want it, about the cash flow, in terms of this operation. We calculated
the franchise fee, and the minimum available insurance, even if they could obtain some kind of a
cooperative rate, would increase their cost of doing business by seven hundred percent from
where it is right now. And finally, I must indicate, with respect to the question of delegation of
power, throughout this ordinance, there has been, we believe, an improper, and perhaps unlawful
delegation of police power from the City of Miami to the Downtown Development Authority, to
NET officials, who are not even identified by name or title, all the way down to people on the
staff, so-called officials who do inspections. The police power that you have given is essentially
the power to enforce your own ordinances, and that power has been given to an agency and
delegated to employees of that agency in such a manner that your ability to control it is
completely lost. And we believe that that is a fundamental flaw, and fatal flaw, in the ordinance
itself. Now, let me say this. On behalf of the vendors who have been working diligently, and
even desperately with any representative of the City, the DDA (Downtown Development
Authority), or the downtown business community, in order to resolve their substantive problems.
And we can identify them very easily. There is a concern about the number, location and
proliferation of vendors. That concern has been addressed. There's a concern about the
attractiveness and safety concerns, with respect to the carts and the merchandise on those carts.
No problem at all. There is a concern about the cosmetic appearance of vendors. No problem.
There was a concern, actually, about the motive and integrity of the people who operated
vendors. I believe that problem has been substantially resolved by virtue of the fact that the
vendors became a part of the process with input that was paid attention to, and that was not the
case before the formulation and drafting of this ordinance. Now, we know that there is an
immediate concern, and we believe it can be resolved in some reasonable manner. But the
answer is not in the adoption of this ordinance. Mr. Mayor, you advised us that it was
appropriate for us to raise objection at this time to this ordinance. I'm saying, for the record, on
behalf of eighty-four vendors of the City of Miami that they wish wholeheartedly to cooperate
with every legitimate, substantive concern with respect to the operation of their businesses until
such time as there can be adopted an ordinance that fairly regulates their business activities upon
the streets of the City of Miami, and we respectfully submit to you that this ordinance does not
do it. I'm not endeavoring to make a record here, Mr. Mayor, but there are at least ten instances
within the ordinance itself that we are prepared to outline to you with respect to the unlawful
delegation of power.
39 November 17, 1994
Mayor Clark: George, hold it just a minute. There is a colored Volvo, it's purple or maroon left
their lights on. If you want a dead battery, just don't go out there. Who's got a purple Volvo, a
Volvo automobile? If you vendors are driving a Volvo automobile, I'm going to check more
into your background. Who has a purple Volvo?
Commissioner Plummer: Tell them it's the one behind the wrecker. They'll get out there in a
hurry.
Mayor Clark: There's a wrecker about to...
Mr. Manuel Gonzalez-Goenaga: Well, it's not mine.
Mayor Clark: I know that. You drive a Lexus, I know. All right. Purple/maroon colored
Volvo, Ieft your lights on in front of the City Hall. Good-bye battery. OK, George, thank you.
Mr. Knox: Thank you.
Mayor Clark: Now, what you say, George, is this, this ordinance, as written, as you've stated, is
flawed at the present time.
Mr. Knox: Yes, sir.
Mayor Clark: There's no sense for us to sit here and argue.
Commissioner Gort: Mr. Mayor, excuse me. I have a question of our Law Department. I think
that was drafted by our Law Department. I'd like to get their opinion.
Mayor Clark: All right.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor and members of the Commission, with
all respect to former City Attorney George Knox, I would disagree with his conclusions, as I'm
sure he would think that I would. Let me address them one at a time. This is the first time I'm
aware of his arguments.
Mayor Clark: Wait a minute, wait a minute.
Mr. Knox: May I please list them?
Mayor Clark: Yeah. Let him...
Mr. Knox: It won't take but a minute.
Mayor Clark: Go ahead. Let him finish first. Go ahead, George.
Mr. Knox: But if he's going to address them one at a time, may I please list the problems? In
the very first place, on page five of the proposed ordinance which announces this section, there is
a drafting error, and I quote the provision.
"Within special vending districts are restaurant/arcade vending areas except
within designated vending zones of said localities."
Now, that is the prohibition. In other words, vending shall be prohibited within special vending
districts. That is the language. And you tried to create an exception, but didn't, by the language
that was used. And I submit to you that what happened was that this language was lifted from
the Coconut Grove ordinance which specified areas of the City, localities within the City to
40 November 17, 1994
which this ordinance or that ordinance would apply. And so in striking those localities, you
have a meaningless prohibition. That's a drafting error that can be corrected. But this is the kind
of concern that people whose businesses are being regulated have a right to be concerned about.
There's an indication that the DDA, the DDA, a semi -autonomous instrumentality of the City of
Miami, which claims that it's an independent special district, which claims that it doesn't have a
great deal of accountability to the City of Miami, is being delegated the power to certify, to
certify who does business as vendors on the streets of the City of Miami. Location of vending
zones, page seven, section one:
"Vending zones shall be delineated by the DDA in cooperation with the Public
Works Department and the Downtown NET office."
No opportunity for input from the persons being vended. Now, is that a legal problem? No.
That's a policy problem, that a decision is being made without the input, an ultimate decision is
being made by law, without the input of the people being regulated. Page eight. I'm sorry.
Let's talk about page six, if you don't mind, and I'm going to read this out loud, because
sometimes, things make sense when you hear them.
"Push carts satisfying said criteria may be purchased by the DDA utilizing fees
collected from vending zone franchisees and may be leased to the franchisees at
lease rates to be determined by the DDA."
So these...
Mayor Clark: George, George, tell your client there to quit going through is mimics, because we
don't know whether he's going to pantomime, or he's going to scream, or not, so just relax.
Vice Mayor Dawkins: And sit down. OK?
Commissioner Plummer: Ricky is very hyper, Mr. Mayor.
Mr. Knox: So the revenues... Now, this is an enterprise activity by the City of Miami, in
competition with a regulated business activity, an enterprise activity.
Vice Mayor Dawkins: Mr. Mayor, this seems we got a long... Would it be out of order, Mr.
Mayor, since my City Attorney says that he has a different interpretation of what my former City
Attorney has of the ordinance, would it be too much to say that they go back, and the two of
them come to some agreement, and this be rescheduled at the next meeting?
Ms. Georgia Pardo: Sir...
Mayor Clark: Absolutely.
Vice Mayor Dawkins: What did you say, Mr. City Attorney.
Mr. Maxwell: I'm prepared to comment. It's the first time I've heard these particular
objections, but I'm prepared to comment, at least on those that I've heard so far.
Mayor Clark: You know, Mr. Attorney, we're going to be here till midnight. You'll be gone at
the time, I know. We'll be here till midnight with this agenda if you start, you two lawyers start
arguing out here in front of the public.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Motion is in order.
Commissioner Gort: Mr. Mayor, my suggestion was that they get together and try to work out...
I got together with the vendors, because the feeling of the people was to eliminat them
41 November 17, 1994
completely. And I was in 1980... The feeling of the people was to eliminate them completely. I
was, in 1980, one of the ones that drafted... help draft the ordinance with the DDA and the
department in order to have the right, correct vendors. Unfortunately, it has not been enforced in
the past, and that can become as very chaotic. There's places where the sidewalks are being
blocked. That's why Public Works has got to tell where they can go. We can't let them tell us
where they're going to set up. Public Works has got to determine, because of safety features,
where they can go. And this is the problem that we've had. Our Attorney's... And our
Attorney's office is the one that drafted this, and I think they should respond to it. I don't want
to... We can't postpone this, because if we postpone this, then my understanding is we got time
that we have to comply with, in order to put it for the next year.
Commissioner Plummer: That's right.
Vice Mayor Dawkins: Say what, now? We have a what?
Commissioner Gort: We have to have an ordinance within a certain time. If not, we have to
forget it for a whole year.
Vice Mayor Dawkins: Is that a fact, Mr. City Attorney?
Commissioner Gort: And if that is the case...
Vice Mayor Dawkins: Is that a fact, Mr. City Attorney?
Commissioner Gort: And if that is the case, the suggestion that some of the...
Vice Mayor Dawkins. Well, I'm trying to find out. Let me find out if it's the case, Mr.
Commissioner.
Mr. Joel Maxwell (Assistant City Attorney): Well, it's not exactly the case.
Vice Mayor Dawkins: OK. Thank you. That's good enough. Go ahead, Mr. Commissioner.
Mr. Maxwell: If I may continue, Mr.... What happened was that the ordinance did... There was
a preliminary notice that put vendors on notice that the City was going to do something. And the
new occupational license season, as it were, started October 1, new year. The further we move
away from that date, the more tenuous our notice during the summer becomes. So the
Commissioner is partially correct.
Mayor Clark: Sir, let me tell you something, let me tell you. You don't have to do it.
Mr. Maxwell: Not... We don't have to do it today.
Mayor Clark: All right. Let me tell you, that's one of the reasons this City had the name it did.
It's continue, continue, continue, and defer, and talk all day, and not accomplish a damn thing.
Commissioner Plummer: Well, let's act.
Ms. Georgina Pardo: Sir...
Mayor Clark: This is going to be deferred until you and Mr.... if you're the man in charge... and
Mr. Knox can sit down and come back with an ordinance that you both agree on. All right?
(APPLAUSE)
42 November 17, 1994
r
Mayor Clark: And Mr.... Wait, wait, wait. Mr. Dawkins has...
Ms. Pardo: Sir, Mr. Mayor...
Mayor Clark: Please, ma'am. We're not going to accomplish anything here today, I'm telling
you. You'd be better off... What was it you have to say?
Ms. Pardo: Mr. Mayor, we have already sat down with Mr. Knox and the vendors, and we
thought we had an agreement today, and we're here to speak in favor of the ordinance, if you
would listen to what I have to say, please. You gave the privilege to Mr. Knox to express his
opinion. I would like that same privilege.
Mayor Clark: Well, can you do it at the final hearing? Because he's got to work at... You're
going to have a battle right here with the City Attorney that could go on forever, and nothing will
be accomplished here today.
Ms. Pardo: Now, I was under the impression - correct me if I'm wrong - that this was going to
be the final reading of the ordinance.
Mayor Clark: We had that impression, also, but apparently, it cannot be.
Vice Mayor Dawkins: Mr. Mayor.
Ms. Pardo: But perhaps we can... Perhaps we can clear this up in a few minutes, as opposed to
defer this, which has been deferred before.
Commissioner Gort: Let it come back this afternoon.
Vice Mayor Dawkins: We could very easily make it the last hearing by giving him what he
wants and denying what you want. You know, there is a way to make a... But we aren't going
to do...
Ms. Pardo: Sir, if you...
Vice Mayor Dawkins: No, no. We aren't going to do that. We're going to come up...
Ms. Pardo: But, sir, you have not even heard...
Vice Mayor Dawkins: We're going to come up with what's fair and equitable, and for the best
benefit of everybody.
Ms. Pardo: And, sir, how do you know that what I'm going to mention is not what is fair and to
the benefit of both parties, if you haven't heard me?
Vice Mayor Dawkins: That's what I'm saying. That's what I'm hoping.
Ms. Pardo: OK. May I? May I, Mr. Mayor.
Mayor Clark: You go ahead. We'll be here all day.
Ms. Pardo: No, we won't, sir, because I only have a one -page speech. My name is Georgina
Pardo, and I work as controller for the Everglades Hotel at 244 Biscayne Boulevard. I am
speaking on behalf of the property owners, the merchants and professionals that belong to the
43 November 17, 1994
Downtown Miami Partnership. We would like to express our support for this ordinance. What
this ordinance is trying to achieve is a balance between heavy pedestrian use of sidewalks,
pedestrian safety, and vendor access to public rights -of -way. In July of this year, this
Commission approved similar changes to the Coconut Grove Special Vending District
Ordinance. The ordinance before you today merely revises what is already in the books. It
specifies distance requirements, insurance and license regulations, and the like. It will allow for
better management of our downtown, following the lines of the management district concept.
Mayor Clark: Go ahead.
Ms. Pardo: May I continue?
Mayor Clark: We're not stopping you.
Ms. Pardo: The issue of number of vendors has already been addressed, and I think both parties
have agreed, as long as the distance requirements are met that ensure pedestrian traffic flow and
public safety, there is no objection to additional numbers. The issue of fee, which is something
Mr. Knox brought up, is workable. The fee amount should cover not only all necessary licenses,
but also insurance. This will achieve an economy of scale, and would make it less expensive for
all vendors. So as you can see, the issue of fee is workable. The issue of lottery is fair. It would
ensure equal opportunity to anyone who wishes to participate in the program, and would
eliminate some of the difficulties which exist on the present system. What we're asking you to
do is to approve this ordinance, because the main issues have already been worked out. And it is
an ordinance that has been carefully drafted by NET (Neighborhood Enhancement Team), DDA
(Downtown Development Authority), and staff. Thank you very much for your kind attention.
Mayor Clark: Thank you, ma'am.
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Clark: Mr. Gort, you have the floor. No, wait, relax. You want to say something?
Mr. Gonzalez-Goenaga: Yes, very short. My dear Commissioners, I am not a lawyer, and I'm
not going to speak to the issue of law. I am going to speak to the issue of history, and the issue
of these street vendors through the years have been known all over the world, in New Orleans, in
Puerto Rico, and they are very welcome in Puerto Rico. Even the "El Manisero" was composed
by a prominent Cuban composer, and also, by Rafael Hernandez, in Puerto Rico. We have them,
it's a tourist attraction, and let me tell you, what I would like to see out of the streets are the
ladies selling their bodies; not the vendors, working for their livelihood.
Mayor Clark: OK,
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Clark: Thank you. All right. Mr. Gort, you have the floor.
Commissioner Gort: Mr. Mayor, let me tell you that when we were here the last time, we asked
them... There was four points. They came to see me, and I sat down with them, and I talked to
them, and they told me what the four points were, and I told them how to go about it, and how to
address it. But they went around, and now, there are not only four points, now, they're bringing
about ten different points. My understanding from their attorneys... my Attorney's office, he
stands behind that ordinance, and he does not find anything illegal in that. I'm ready to make a
motion now. - I'll compromise. I'll pass for first reading, and I'll. make a motion.for first reading
today and bring it back for second reading. -
- 44 November 1-7, 1994
Mayor Clark: All right. We got a motion and a second?
Commissioner Gort: Move it in first reading.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: Wait, wait, wait. Mr. Mayor, under discussion, please. I just want to
put my... on the record. To me, there are two areas that you need to sit down and you need to
talk about. Number one is the insurance and the fee to the City, and number two is rotation of
location. We have done that in Coconut Grove, it has worked out very well in Coconut Grove,
and I think it would work out just as well in downtown. Now, I'm going to put something on the
record, Mr. Mayor, that I didn't want to do it, but I'm going to, so that the air is clear. Mr.
Manager, it has been recommended to my office that there is somebody in the downtown area
who is getting a fee to stipulate different locations of where vendors go.
Mayor Clark: A sizeable fee.
Commissioner Plummer: I have heard that amounts up to ten and fifteen thousand dollars, if you
want that location, you have got to pay me. I've not found out who "me" is, or who is, in fact,
collecting, if the allegations are true. I don't know. But to clear the air and put it on top of the
table, Mr. Manager, I am expecting you, through whatever means that you choose, to search and
make sure that this is not happening, and if it is, let's expose it for what it's worth. But as far as
my vote is concerned, I am concerned in two areas; the insurance, and location, and the fee to the
City.
Mayor Clark: All right.
Commissioner Plummer: That's my vote. I'll vote today favorably with the first reading. The
lawyers can sit down and hassle out whatever they want before second reading. I can change my
vote on second reading, or I can keep it as it is.
Mayor Clark: Now, the second reading will not come up on the 1st of December, so go ahead.
Call the roll.
Mr. Maxwell: I have to read the title, Mr.... I have to read the title.
Mayor Clark: Call the roll, Madam Clerk.
45 November 17, 1994
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, RELATING TO STREET VENDING;
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CHAPTER 39, ARTICLE 1I, BY ESTABLISHING THE "DOWNTOWN MIAMI
SPECIAL VENDING DISTRICT"; REPEALING SECTION 39-17 ENTITLED
"LIMITATIONS WITHIN RESTRICTED VENDING DISTRICTS" IN ITS
ENTIRETY AND SUBSTITUTING A NEW SECTION 39-17 ENTITLED
"LIMITATIONS WITHIN DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT"; PROVIDING FOR INTENT; PROVIDING DEFINITIONS;
ESTABLISHING DISTRICT BOUNDARIES AND DIVISIONS; PROVIDING FOR
EXCLUSIVE VENDING FRANCHISE OPPORTUNITIES AND LOCATIONS;
PROVIDING CRITERIA; PROVIDING FOR FRANCHISE LOCATION,
FRANCHISEE SELECTION AND FRANCHISE FEES; ESTABLISHING
PUSHCART DESIGN AND ACCESSORY CRITERIA AND REVIEW;
PROVIDING OPERATING REGULATIONS AND LIMITATIONS; PROVIDING
FOR ENFORCEMENT, REVOCATION AND APPEALS; REQUIRING HOLD
HARMLESS AGREEMENTS, INSURANCE, TAX CERTIFICATES AND
COMPLIANCE WITH APPLICABLE LOCAL AND STATE REGULATIONS;
CONTAINING A REPEALER PROVISION, 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.
Mayor Clark: We'll notify you when the next hearing comes up. Go to work, George, and go to
work, Mr. Attorney.
46 November 17, 1994
----------------------------------------------------------------------------------------------------------------
9. DENY PROPOSED RESOLUTION TO AUTHORIZE MANAGER TO
REALLOCATE $1,950,000 IN COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 9. If you must leave, leave quietly, please.
Mr. Frank Castaneda: Mayor and Commissioners, we are reallocating one point nine million
dollars, one million, nine hundred fifty thousand dollars to the municipal shop from a variety of
other community development projects. This money is needed to build the new municipal shop
in the Allapattah area, and it would have no major impact on the projects that we are developing
right now under community development.
Mayor Clark: Very good. We'll hear from the public now. Yes, ma'am.
Ms. Esther Mae Armbrister: My name is Esther Mae Armbrister. I live at 3350 Charles Avenue,
in Coconut Grove. I've been reading this issue, and reading, and rereading. So I've talked to
some of the people who are concerned and who are in higher position to see that what you have
stated here will be carried out. If it is not carried out, we will be back down here to see that it is
carried out, because the park is forty-four years old. You haven't done what you were supposed
to have done. The other park is twenty-three years old, and you haven't done that, either. You
just start and stop, start and stop, and then take our money away from us. Thank you. I will be
back down here as soon as I find out what you're going to do, and the time limit. Thank you.
Commissioner Gort: Mr. Mayor.
Mr. Castaneda: Commissioners...
Commissioner Gort: Let me ask you a question. My understanding is the football program is
really going well in the park.
Ms. Armbrister: It is going real well. Thank you.
Commissioner Gort: Good.
Mayor Clark: Thank you, Ms. Armbrister.
Mr. Armbrister: And the other activities. Thank you.
Mayor Clark: Thank you. Yes, sir.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. It's my understanding that the
City owns property on both sides of Northwest 12th Avenue, and that a couple of years ago, they
sold four and a half acres to Jackson Memorial Hospital.
Mr. Cesar Odio (City Manager): No.
Mr. McMaster: No? Miami -Dade Community College?
Mr, Odio: Yes.
47 November 17, 1994
Mr. McMaster: OK. Well, I asked your Director of Public Works about an hour ago, I said, I've
got the capital improvements, it says Miami -Dade. I was told Miami -Dade, Jackson.
Mayor Clark: All right. Wally, defend that.
Mr. Odio: Miami -Dade, and the other portion we're selling is to Jackson Memorial Hospital.
Mr. McMaster: And how much money will you raise out of those two sales?
Mr. Odio: No, of the one segment. The other one was sold two years, three years ago.
Commissioner Plummer: Well, be honest, now. It's not what you raise, it's what you clear.
Mr. McMaster: Clear, clear.
Mr. Odio: That's right.
Commissioner Plummer: Because what we're having to do, if we're successful in selling to
Jackson...
Mayor Clark: It's obligations.
Commissioner Plummer: ... we've got to rebuild the shop, and you will not clear that amount.
We'll get a new shop, we'll get a state-of-the-art shop, but we won't clear that much money.
Mr. McMaster: Well, my concern is that we're taking CDBG (Community Development Block
Grant) funds from other areas to build the shop, when, if I'm reading the capital improvements
book right, that five million dollars from the first sale is going into the Latin Quarter Specialty
Center. I'm not sure of any of these figures, so Cesar will have to correct me if I'm wrong. I...
Mayor Clark: This is a project that is completely legal, and nobody is trying to pull any wool
over anybody's eyes.
Mr. McMaster: No, no. I'm just questioning, if we're selling property, has the City sat down
and decided, one, how much in total is it going to cost to transfer all this to one site?
Mayor Clark: Sir, wait a minute. The property is needed by Jackson Hospital, or we wouldn't
be selling it. OK?
Mr. McMaster: Well, as the City of Miami, we need to come first. Jackson comes second.
Mr. Odio: Well, Jackson provides, I would say, an essential service to the citizens of Miami.
Mr. McMaster: I agree with that.
Mr. Odio: Without Jackson Memorial, where would we take all these indigent cases we have
that we pick up with our rescues? So...
Mr. McMaster: But the key issue here is, how much money...
Mr. Odio: ... we do have an obligation toward Jackson.
Mr. McMaster:... is the City getting from the sales, and how much extra does it have to raise?
48 November 17, 1994
Mayor Clark: Well, we'll find out. We'll get that answer in time.
Mr. Odio: The... Yeah.
Mr. McMaster: Yeah. So does... But does the City know?
Mr. Odio: Actually, I don't.
Mr. McMaster: Yeah. OK.
Mr. Odio: Let me explain to you.
Commissioner Plummer: Well, there's one factor here, Mr. Manager, you have to bring out
immediately that we don't know. And part of that agreement was in reference to hazardous
waste. Just, for example, the experts have said that in the motor pool, the hazardous waste
problem is two hundred and forty thousand dollars. If, in fact, it does exceed that, the City has
agreed from five hundred thousand to a million that we will kick in fifty percent of that, if
necessary, and their experts were wrong.
Mr. Odio: If I may...
Commissioner Plummer: So to try to determine...
Mr. Odio: What we're doing here is making sure we clear more NET monies that belong to us,
to the taxpayers of Miami, and using Federal monies that were in a special revenue account,
contingency account, already. A million -two of this was. So what you're doing is using Federal
monies to build the municipal shop that we need to replace - and besides, the one that we're in
now is completely obsolete - and clear more NET monies to be able to put in the general fund on
the City of Miami tax monies.
Mr. McMaster: And that...
Mayor Clark: Mr. Gort.
Mr. McMaster: Excuse me. That wasn't my last question.
Mayor Clark: Please, please, wait a minute, wait a minute.
Commissioner Gort: To answer the question, my understanding is, since I came aboard here,
and the people here are in agreement, that any property that we sell, we're trying to create a fund
balance for the City of Miami. Later on, I have some questions about the CDBG funds, Mr.
Mayor.
Mayor Clark: All right. What's on your mind now, Mr. Dawkins?
Vice Mayor Dawkins: Mr. Manager, what are the programs financed by the CDBG funds, what
are they?
Mr. Castaneda: Well, there are numerous projects being funded.
Vice Mayor Dawkins: Then if it's numerous, start with number one till you get to the last one.
Mr. Castaneda: Well... Well, fifteen percent of the money goes to public services.
49 November 17, 1994
Vice Mayor Dawkins: Fifty percent to public... What now?
Mr. Castaneda: To public services, which includes...
Vice Mayor Dawkins: Like... And public service programs would be...
i
Mr. Castaneda: Is social service agencies.
Vice Mayor Dawkins: Public service programs would be what?
Mr. Castaneda: Social service programs, like meals to the elderly, daycare programs, and so
forth.
Vice Mayor Dawkins: OK. Elderly...
Commissioner Plummer: Wait, wait, wait. Excuse me. I thought that could not exceed fifteen
percent.
Vice Mayor Dawkins: Mr. Plummer...
Mr. Castaneda: Fifteen percent, that's what I said.
Vice Mayor Dawkins: Mr. Mayor...
Commissioner Plummer: I'm sorry. I'm sorry.
Vice Mayor Dawkins: Mr. Mayor, would you ask everyone to wait...
Mayor Clark: Yes.
Vice Mayor Dawkins: ... until I have finished, and then if they have questions...
Mayor Clark: Go ahead. Go right ahead.
Vice Mayor Dawkins: ... write them down, please?
Mr. Castaneda: I'm sorry, fifteen percent.
Vice Mayor Dawkins: Thank you. OK?
Commissioner Plummer: Oh, well, excuse me. Mr. Dawkins, I'm sorry, and I do apologize, but
when a statement is made that is not correct...
Vice Mayor Dawkins: Well write it down and bring it up when I... when you finish, please.
OK?
Mr. Castaneda: No. I said fifteen percent.
Commissioner Plummer: You said five -zero.
Mr. Castaneda: I'm sorry. Fifteen.
Vice Mayor Dawkins: Because, see, all you're going to do is keep... have me starting over, OK?
And I don't want to start over. OK?
50 November 17, 1994
Mayor Clark: Please.
Vice Mayor Dawkins: All right. What does the other fifty percent go for?
Mr. Castaneda: I'm sorry, Commissioner. It was fifteen percent. There's a...
Commissioner Gort: One -five.
Mr. Castaneda: One -five, not five-O.
Vice Mayor Dawkins: Fifteen percent goes to social services.
Mr. Castaneda: That's correct. Twenty...
Vice Mayor Dawkins: All right.
Mr. Castaneda: Twenty percent goes to Administration.
Vice Mayor Dawkins: Twenty percent to Administration.
Mr. Castaneda: Right. And then the other seventy-five percent goes basically into...
Vice Mayor Dawkins: Seventy-five?
Mr. Castaneda: Right. I'm sorry, it's...
Vice Mayor Dawkins: Twenty and fifteen is sixty-five. You don't have seventy-five.
Mr. Castaneda: I'm sorry, it's sixty...
Vice Mayor Dawkins: When you take twenty and fifteen percent from a hundred, you have
sixty-five percent, you don't have seventy-five percent.
Mr. Castaneda: I'm sorry, Commissioner. It's sixty-five.
Vice Mayor Dawkins: That's all right. That's all right. I'm with you.
Mr. Castaneda: Goes to economic development...
Vice Mayor Dawkins: Hold it, now. Wait, now. We... it's sixty-five percent?
Mr. Castaneda: Sixty-five percent.
Vice Mayor Dawkins: All right. Of that sixty-five percent, how much of it goes to economic
development?
Mr. Castaneda: It varies from year to year, but usually, around one million dollars, one point
two million dollars.
Vice Mayor Dawkins: Out of... Hold it, now. Now, we're getting... getting good.
Mr. Castaneda: Into money.
51 November 17, 1994
Vice Mayor Dawkins: All right. Now, how much... how many millions of dollars do we get,
CDBG money?
Mr. Castaneda: We receive about thirteen and a half million.
Vice Mayor Dawkins: Thirteen and a half million dollars.
Mr. Castaneda: That's correct.
Vice Mayor Dawkins: And from that thirteen and a half million, we allocate one million dollars
to economic development.
Mr. Castaneda: About one point two.
Vice Mayor Dawkins: OK. All right. Well, hey, I'll give you one point five. OK? One point
five, economic development. OK. So that's... that's not even one -tenth of one percent. So you
still got sixty-four percent. Now, what happens to the other sixty-four percent?
(. Mr. Castaneda: Well.. That's ten percent. But...
Vice Mayor Dawkins: No, it cannot. One million dollars of thirteen million is not ten percent.
OK. Go ahead, go ahead. All right, I'll give you that. What happens to the other fifty-five
percent? What happens to the other fifty-five percent?
Mr. Castaneda: A significant portion of that, about three million dollars, goes to housing.
About...
Vice Mayor Dawkins: Three million to what kind of housing?
Mr. Castaneda: Both single and multifamily housing.
Vice Mayor Dawkins: Multifamily? Mr. Plummer, see, see? This is what... See, this is
irritating, see? Plummer keeps... won't let people hear what I have to say.
Commissioner Plummer: Excuse me. I was talking to the Manager, not to the man you're
talking to.
Vice Mayor Dawkins: Well, then... OK. I'm... OK. All my questions are directed to the
Manager, through the Manager to this gentleman. OK? All right.
Commissioner Plummer: So be it.
Vice Mayor Dawkins: All right. Now. OK. Fine. So now, we got these funds squared away.
Mr. Manager, what is meant by the term, "unexpended CDBG fund balance," Mr. Manager?
Mr. Odio: That's the monies we...
Vice Mayor Dawkins: I mean, you can let him respond. I just want... OK.
Mr. Odio: Yeah. Well, go ahead.
Mr. Castaneda: Unexpended CDBG fund balance is funds allocated to a particular project which
have not been expended.
52 November 17, 1994
Vice Mayor Dawkins: OK. Now, Mr. Manager, through you to Mr. Castaneda. The CDBG
funds is to provide services to the poor people; is that correct?
Mr. Castaneda: That is correct.
Vice Mayor Dawkins: All right. The City Commission's duty is to ensure that the funds are
used for that purpose; is that a correct statement?
Mr. Castaneda: That's correct.
Vice Mayor Dawkins: OK. Now, what is the Grand Avenue Park building renovation? What is
that?
Mr. Castaneda: I'm sorry. Could you repeat the question, Commissioner?
Vice Mayor Dawkins: Yeah. Turn to the... page five of the resolution.
Mr. Castaneda: Right.
Vice Mayor Dawkins: Of nine of the backup.
Mr. Odio: That's the mushroom building in Grand Avenue Park, right?
Vice Mayor Dawkins: Yeah. Go right ahead.
Commissioner Gort: For point of clarification, Mr. Dawkins, that's one of the questions that I
wanted to ask, because I think the public deserves to know. There's funds that supposed... were
not expended when they were supposed to, and that's what you're asking now, which was the
question I want to ask. Why were they not expended?
Vice Mayor Dawkins: Mm-hmm. That's right. That's right. OK. Good. What are they? What
is it? What is the project?
Mr. Castaneda: Grand Avenue Park building renovation. What happened in this particular
project...
Vice Mayor Dawkins: Well, what is the project? And then tell me what happened.
Mr. Castaneda: You want to answer?
Mr. Alberto Ruder: All right. These were building improvements, and light... improvements to
the lights, to the sports lights, and things like that.
Vice Mayor Dawkins: At what park?
Mr. Ruder: At Grand Avenue Park, which is now...
Vice Mayor Dawkins: Grand Avenue Park.
Mr. Ruder: ... which is now Armbrister Park.
Vice Mayor Dawkins: Now, Armbrister has been down here complaining about a refrigerator,
about a sink, a back door put on. And yet, you have a hundred thousand dollars that you have
not expended that you could have spent to make the renovations that were requested by
Armbrister, and now, you want to take them out.
53 November 17, 1994
Mr. Odio: May I, Commissioner?
Vice Mayor Dawkins: Yes, sir. Go right ahead, Mr. Manager.
Mr. Odio: We had to use the mirrors. We used FEMA (Federal Emergency Management
Agency) monies to replace that money, so we would have that balance. We actually...
Vice Mayor Dawkins: Hold it, hold it, hold it. Now, you can tell that to other people.
Mr. Odio: I'm telling you, sir.
Vice Mayor Dawkins: FEMA money was spent to redo that that was damaged by FEMA.
Mr. Odio: I'm sorry. Let me take...
Vice Mayor Dawkins: OK. Now, what she requested was not in the building.
Mr. Odio: She's got what...
Vice Mayor Dawkins: Therefore, it could not have been damaged by Hurricane Andrew.
Therefore, you could not use FEMA money to do what she wanted done, that was not there
before the hurricane came.
Mr. Odio: If I may, sir.
Vice Mayor Dawkins: OK, sir.
Mr. Odio: We replaced that money. She still has a balance left of a hundred and forty thousand
dollars in this account. We have not reduced the amount. We explained to her this morning, we
have not reduced this account.
Vice Mayor Dawkins: No, don't explain it to her. Explain it to me, because she's got nothing to
do with this.
Mr. Odio: We have not... We had... Let me see. The original CDBG funding for that project
was two hundred and seventy-five thousand. We reallocated three hundred and thirty-three
thousand. We had a net gain of fifty-eight thousand, six hundred in that park. Then we allocated
from there a hundred thousand dollars. We still have two hundred and thirty-three thousand, six
hundred dollars left on the CDBG account for that park. We got monies from the insurance
companies of a hundred - and FEMA - of a hundred and fifty-eight... six hundred thousand
dollars, which we added to that account. She has a total left of three hundred and eighty-nine
thousand dollars in that account.
Vice Mayor Dawkins: To be...
Mr. Odio: So the net result is we still have the amounts necessary to do what we said we would
do.
Vice Mayor Dawkins: OK. Now, it's going to stay there when I finish. Don't worry. Mr.
Manager, through you to Mr. Castaneda. What is economic development and public
improvement reserve? What is that?
Mr. Castaneda: This is money that was allocated for economic development projects in the
nineteenth year. These are left over funds from different agencies, and money that was never
54 November 17, 1994
allocated for any particular project, and we are recommending that it be allocated for this
purpose.
Vice Mayor Dawkins: Out of all the people who come down here before this Commission
asking for money for economic development, and this community... I mean this Commission has
numerous times told these people, there is no money, we don't have any money, go home. And
since the Mayor has been here, I'll give him credit. The Mayor said, go find it. And you go find
it. We got how much money in here for economic development?
Mr. Castaneda: Three hundred and forty thousand dollars.
Vice Mayor Dawkins: There's three hundred and forty thousand dollars that's supposed to be
distributed to poor people in Miami for economic development. And we are...
Mr. Odio: No, sir. This was for Grand Avenue.
Vice Mayor Dawkins: What?
Mr. Odio: This was Grand Avenue Park. I'm sorry.
Vice Mayor Dawkins: Beg your pardon?
Mr. Castaneda: No, no.
Mr. Odio: That three eight -nine was for the Grand Avenue.
Vice Mayor Dawkins: No.
Mr. Odio: Oh, I'm sorry.
Vice Mayor Dawkins: I want the second one, Mr. Manager. No problem. So that's three
hundred and forty thousand dollars that's supposed to be made available to poor people in the
City of Miami to assist with economic development. And you want to take a hundred... to take
three hundred and forty thousand dollars. OK? Now, what is Oasis Project?
Mr. Castaneda: The Oasis...
Mr. Odio: The Marvin Dunn Project that... it never materialized.
Vice Mayor Dawkins: OK. That won't go. So you... Fine. That's good. I don't have a
problem with that. What is the CDBG contingency revenue?
Mr. Castaneda: CDBG contingency revenue is monies from projects that have been completed,
and basically, the money is transferred to the contingency account, and that's how much money
we have there.
Vice Mayor Dawkins: And that's the total amount there.
Mr. Castaneda: That's the total amount there, yes.
Vice Mayor Dawkins: So if a contingency comes up, this fund would be depleted.
Mr. Castaneda: That's correct.
55 November 17, 1994
Vice Mayor Dawkins: OK. We will not do that either. Now, I'm going to leave the Citywide
single-family for later. But the part that puzzles me and gets me where I don't understand what
we're doing, we failed to follow through, to see why these funds were not used, and since these
funds were supposed to be used for the benefit of the poor people, you're now asking this
Commission to allow you to remove these monies that we received from the Federal
Government for the benefit of poor people to build a parking garage for cars, which is the City of
Miami's responsibility. But you want to take the Federal monies, now, that the Federal
Government gave to us for servicing the poor. OK? That's not right. Now, let's go to the one
where you. say Citywide single-family housing rehabilitation loan program. What is that?
Mr. Castaneda: That's funding available to rehab single-family homes in the City of Miami.
Vice Mayor Dawkins: Hmm?
Mr. Castaneda: That's funds available to rehab single-family homes in the City of Miami.
These funds are used by the Housing Department to provide those loans.
Vice Mayor Dawkins: What is the balance in that fund?
Mr. Castaneda: I'm sorry. That's...
Commissioner Gort: I'm sorry. Mr. Dawkins, I want to ask him what year. They got the
different years that the monies are coming from.
Mr. Castaneda: That is the revenue being...
Commissioner Gort: Present. Present year.
Mr. Castaneda: ... received. That's revenue received. The revenue account has available
balance of two point three million dollars, of which we're taking one point two million dollars.
Vice Mayor Dawkins: But what the Commissioner is saying is, is that from sixteenth,
seventeenth, eighteenth, or nineteenth year funds? That's what he's asking.
Mr. Castaneda: This is revenue that has been received through the years as payback on the
single-family rehab homes.
Vice Mayor Dawkins: Oh. Now, this is money that was generated...
Mr. Castaneda: From the loans.
Vice Mayor Dawkins: ... from the loans, and it's supposed to be put into the pool that the
Commissioner is indicating, to be used for more housing, not to build a garage, right?
Mr. Castaneda: Well, that's why we're coming here, Commissioner.
Vice Mayor Dawkins: OK. Thank you. OK. Now, on June the 9th, 1994... And I suggest that
those of you out there who are interested, pull the minutes so you can see that I'm not taking
anything out of context. Mr. Manager said, "The highest price for the Miami selling the land to
Jackson Memorial Hospital is six million dollars." Reading again from the minutes, Mr. Odio
said... I said that we, Commissioner Plummer and I, "Negotiated the best deal possible for the
City of Miami." Go over June 9th. Again, Commissioner De Yurre asked, "We sold a piece of
property for four million dollars. It's supposed to be four million dollars in fund balance.
Where is it?" Nobody could answer. So Commissioner De Yurre asked again, "We have that six
56 November 17, 1994
hundred thousand dollars. What's to happen?" Again, Commissioner Plummer said, "It is
presently the communication, it has been estimated, right or wrong, but the number given to me
to duplicate the motor pool across the street on another piece of City -owned property is going to
be in the neighborhood of four million dollars."
Commissioner Plummer: That's what you told me.
Vice Mayor Dawkins: Commissioner Plummer says, from the minutes, "So, you know, you're
not just taking six million dollars and blowing it to the wind. Of the six that you are going to
get, at least four will be going to put a state-of-the-art motor pool in place of what we now have,
a rundown, decrepit..."
Commissioner Plummer: Correct.
Vice Mayor Dawkins: OK. Commissioner Plummer says, that, "If the answer is going to come
back it can't happen, we need to know." So we go to July the 14th. Commissioner Plummer
says, "The trauma center is desperately in need of space for a diagnostic center next to the
trauma center, Mr. Manager, agreement being signed by them, and we know what that agreement
is. And that as far as I'm concerned, there was one area which was resolved, and that is the
money for the land has to be paid in cash, all up front, so if you sold the land, the land... the
money is in hand." Now, coming to July the 14th, the sum of six million dollars is the purchase
price to be paid at closing. Mr. Manager, when is the closing?
Mr. Odio: I don't know yet, sir.
Vice Mayor Dawkins: So if you don't know when the closing is, there's no need to vacate the
land that you own, because you don't know when you're going to close or if you're going to
close.
Mr. Odio: We know we're going to close. You asked me for a date. I don't know the date.
Vice Mayor Dawkins: All right. Produce the... And Mr. Manager... Mr. Mayor, I'm going to
bring this up as an agenda item. These are questions I asked to be answered May the 3rd, before
the sale of this property, and I have not gotten them. OK? I would like for you to show me
now... I would like for you to show me now the sale of an agreement, purchase agreement, or
whatever you have in hand that dictates to you that the County is going to purchase that land,
and by what date, and for how much money, and when. Where is that?
Mr. Odio: It's being drafted as we speak. We were stalled in the negotiations. We finally
reached a final agreement yesterday, I think. The language is being drafted now, and I don't
know if they're going to accept that language. And when and if they do, then we'll have a draft
document to give you, Commissioner.
Vice Mayor Dawkins: OK. We already have a municipal garage and workshop.
Mr. Odio: A very obsolete one.
Vice Mayor Dawkins: We were told that you were going to build one with the money that you
got out of the six million. You have not got the six million, but yet and still, you want to go
ahead. It has always been my understanding that Community Development Block Grant monies,
with the exception of a few allowances for Government use, were intended to help rebuild
communities in the area of social services, infrastructure, economic development, and housing.
It is public knowledge that housing cost in the City of Miami is going among the highest in the
nation. I read for you from the Miami Times. "The bad statistics are piling up. First came a
57 November 17, 1994
! national report that blacks in Miami are the poorest in the country. Then came another report
that the housing costs are the highest in our City. Yet, we have not heard that City leaders are
planning to do anything about the situation. In other places, the City leaders have been
galvanized into action." My fellow Commissioners, here's a million -two dollars, a million, two
hundred thousand dollars that's earmarked for housing. It was given to us by the Federal
Government for housing. We do not have enough money to provide affordable housing. The
Melrose site needs more money for completion. The St. Hugh site needs money for... to be
finished. The project behind St. Agnes Church needs more money to be finished. In fact,
they've been requesting a fence for nine months. I don't see how this Commission can sit here
and vote to take public dollars that are provided for services to the community, and I have
demonstrated to you that people have come here constantly asking for money, and we turned
them down, when right here, it says here, the money is here in reserve. But we are not parcelling
it out. And to my good "compadre" in crime, Chairman Arthur Teele, sir, I understand clearly
what you said to me when you were in this chamber and you said, "You, as a community
development agency, are not doing your job." Sir, you said it more than once. And you are
right. The City Commission, sitting as a community development agency for Overtown/Park
West, is allowing money that could be used in Overtown/Park West to be used to build a parking
1 garage, and I, for one, cannot vote for it.
Mayor Clark: All right.
Commissioner Plummer: Can I ask...
Mr. Odio: I just need...
Mayor Clark: No. Let's... let's... Come on, now. We understand. Let's don't carry this thing
on another half hour.
Commissioner Plummer: No. The only thing I'd like to ask, Mr. Mayor, is that he keeps
referring to a parking garage, and I'm not aware where that...
Mr. Odio: We are not building a parking garage.
Commissioner Plummer: Where... Mr. Dawkins?
Vice Mayor Dawkins: I wish the record to reflect that I am only speaking to that that is in the
minutes, which reflect that you were going to sell a piece of property for eight million dollars to
replace an entity of the City of Miami, whether it's a parking garage, whether it's a motor pool,
or whatever it is, but you were going to take that six million dollars and do that. Now, you're
interested in taking public monies that the Federal Government has designated, and use that to
build what you said you were going to build when you came in to sell the property. And since
you have not sold the property, whatever is on it is still on it. There's no need to rush to get it
off until you have a signed settlement with the eight million dollars, and once you get a signed
settlement with eight million dollars, you got four million dollars to do what you want to do
with.
Mayor Clark: I'm going to hear from the public right now and come to a decision. Yes, ma'am,
Ms. Arm...
Mr. Odio: Mr. Mayor...
Commissioner Plummer: So in other words, the parking lot is the motor pool. OK. That's...
Now I understand.
58 November 17, 1994
Mayor Clark: Please.
Mr. Odio: Mr. Mayor, may I? I just wanted to put on the record, sir, that we replied to the
memo he wrote on May 3rd. On June 2nd, that memo was replied to and received at his office,
and we sent copies to each one of you.
Vice Mayor Dawkins: Give me a copy of it. I...
Mayor Clark: Please, ma'am.
Ms. Esther Mae Armbrister: I would just like to ask Mr. Odio when he has time, like yesterday,
to write us a letter stating that you will see to it, and there will be money available to complete
all the things that we've asked you to do, at Grand Avenue Park.
Mr. Odio: Yes, ma'am. I'll be glad to.
Mayor Clark: We'll see to that, too. We'll see to that, too.
Ms. Armbrister: About how long? Before the end of the year?
Mr. Odio: By this... the end of this week, which is tomorrow.
Ms. Armbrister: All right. I'll hold you to that. If not, I'll be right back down here aggravating
you.
Mayor Clark: Thank you.
Ms. Armbrister: Thank you.
Vice Mayor Dawkins: But that's for you. What about the rest of the people who have been
down here asking for things, who are not here, demanding that they get them, like you? Where
are they going to get that from?
Ms. Armbrister: I don't know. Since the Mayor's been here...
Vice Mayor Dawkins: OK. No problem. I just want to...
Mayor Clark: OK. Fine. Thank you.
Vice Mayor Dawkins: I want to put it on the record, that's all.
Mayor Clark: Yes, sir.
Ms. Armbrister: Thank you.
Mayor Clark: Something further you have to ask?
Mr. Jim McMaster: Yes, sir.
i Vice Mayor Dawkins: No, sir, Mr. Mayor.
Mayor Clark: No, this gentleman here.
Commissioner Plummer: Well, Mr. Mayor, may I put something on the record that you all are
not... Frank, are you aware of the statement made by the County that as of January that they will
59 November 17, 1994
not any longer - and what I understood was they're forbidden - from spending any of their
CDBG money in the City or any place other than the County? Now, I don't know how much
they spend in the City of Miami, but if they spend any at all, I think we need to be concerned.
Mr. Castaneda: Commissioners, we are concerned.
Commissioner Plummer: Well, you've not expressed it to me. I'm sorry I had to see it on cable
TV. I would have thought that's what I pay you for.
Mr. Castaneda: Well, I'm sorry. Chairman Teele brought that to the Commission at the last
meeting. What he was referring to are the draft regulations of community development. Not
only has the City of Miami, but every large city is fighting against that, and we hope to be
successful in preventing that from happening.
Mayor Clark: All right. Mr. Gort.
Mr. Castaneda: That is not final.
Commissioner Plummer: Well, I think you should put it on the record. If, in fact, we're going to
be affected or could be affected, we should know it.
Mayor Clark: Mr. Gort, you have the floor.
Commissioner Gort: Mr. Mayor, I'm glad the question was asked, because I, myself, want to
know the question, because we have, that I know of, two agencies that provide affordable
housing within our area, in Little Havana and Allapattah. They're receiving up to about four
hundred thousand dollars from the County. What you're saying is the County will no longer
provide those funds to those agencies.
Mr. Castaneda: That's what the draft legislation states, but every big City is fighting that, and
hopefully, we will be successful.
Commissioner Gort: OK. My question, now is, why do we need to tap CDBG funds that could
be used to build more affordable housing within our neighborhoods, to build this, and not what
we committed on...
Mayor Clark: This is not for homes. This is for rehabilitation. Not for a new home.
Commissioner Gort: I understand, Mr. Mayor, but I got to have a real good reason why to vote
for it.
Mayor Clark: All right.
Vice Mayor Dawkins: Mr. Mayor, one more question and I'll be finished.
Mayor Clark: Please.
Vice Mayor Dawkins: Mr. Mayor... I mean Mr. Manager, through you to Mr. Castaneda. What
is the maintenance of effort clause in the CDBG grant funds? What is that?
Mr. Castaneda: Maintenance of effort basically states that we cannot replace local funding with
Federal funds.
Vice Mayor Dawkins: So would, in your opinion, wouldn't... wouldn't taking these monies from
other areas to build a... Whatever J.L. referred to it as, so that I will not be in conflict with J.L.,
60 November 17, 1994
isn't that taking Federal dollars to do, to build a motor pool that should be done with City
money? Isn't that what's being done?
Mr. Castaneda: Well, Commissioners, I'm not aware that there is an allocation or a previous
allocation for that.
Vice Mayor Dawkins: No, no, no. I didn't... See, wait a minute, now, wait. Let's you and I be
on the same wave length. Let's be on the same wave length. OK. Tell me again, what is the
maintenance of effort clause in the CDBG grant.
Mr. Castaneda: Maintenance of effort means that you cannot replace local expenditures with
Federal funds.
Vice Mayor Dawkins: So therefore, is building a... What is it we're going to build, J.L.?
Mayor Clark: A motor pool.
Mr. Castaneda: A municipal shop.
Vice Mayor Dawkins: OK.
Commissioner Plummer: It's a new motor pool.
Vice Mayor Dawkins: OK. Is building a new motor pool the responsibility of the City of
Miami, or is it the responsibility of the Federal Government, to do with money that is given to us
to help poor people?
Mr. Odio: Let me reply to that.
Vice Mayor Dawkins: Yes, sir.
Mr. Odio: If you look back on the records, the original... the heavy equipment motor pool was
built with Federal money, sir.
Mr. Castaneda: Yes.
Mr. Odio: Yes, it was, sir.
Vice Mayor Dawkins: But you didn't have a Commission...
Mr. Odio: As was the...
Vice Mayor Dawkins: But you did not have a Commissioner who said he would not vote for
you to take the money from poor people to do it.
Mr. Odio: Well, you... No, that is your right.
Vice Mayor Dawkins: That's right. OK. No problem.
Mr. Odio: But I'm telling you, sir, that we have failed to pass two bond issues. We don't have
any monies to replace capital structures in the City of Miami. We have serious problems and...
Vice Mayor Dawkins: So therefore, you're going to take the money for housing...
61 November 17, 1994
Mr. Odio: No, we're not.
Vice Mayor Dawkins: ... and the money for economic development, and the money for other
things, for the people in the community, and build a garage.
Mr. Odio: We are not reducing the housing budget by one penny.
Mayor Clark: All right.
Vice Mayor Dawkins: You're taking a million -two out of it. Don't tell me you're not...
Mr. Odio: That was not taken out of the Housing Department's budget.
Vice Mayor Dawkins: It is taken from housing.
Mr. Odio: It was never allocated to the Housing Department.
Vice Mayor Dawkins: It is housing.
Mayor Clark: Please. Sir, you have the floor.
Vice Mayor Dawkins: Right here... Wait a minute, Mr. Mayor. Before you go any further...
Mayor Clark: It says for single-family housing rehabilitation.
Vice Mayor Dawkins: Rehabilitate... That's housing. Don't tell... He can't tell me that's not
housing.
Mayor Clark: That's not building a house.
Vice Mayor Dawkins: It's housing. It's to provide affordable housing for the people in the City
of Miami, Mr. Mayor.
Mayor Clark: For rehabilitation, nor for just housing.
Vice Mayor Dawkins: I wouldn't care if it's rehabilitating, redoing, or rebuilding, or doing it
over.
Mayor Clark: All right. We got you then.
Commissioner Gort: Mr. Mayor, for the sake of information for Commissioner Dawkins, and
myself, and the public, we should defer this for later on this afternoon. I think the departments
should get together, and they should come to us and let us know why we're utilizing these funds.
I think that's all that we're asking. They got to come back and tell us.
Mayor Clark: All right. Let's hear from these people here.
Mr. Odio: If I may, Mr. Mayor, maybe I need to clarify. You have a choice here, and it's a
policy decision. We're not trying to hide. This is right, a public hearing. You have the choice
of putting these monies back to where they are, in the contingency account, and use it for
whatever you want, and...
Vice Mayor Dawkins: Wait, no, we have a chance of leaving them there, not putting them back.
Now, they've never been moved.
62 November 17, 1994
Mr. Odio: Fine.
Vice Mayor Dawkins: Wait a minute. They've never been moved.
Mr. Odio: Fine, I'm corrected.
Vice Mayor Dawkins: Wait a minute. I'm asking you.
Mr. Odio: You are right. They have not been moved.
Vice Mayor Dawkins: They are there.
Mr. Odio: You have the right to do that, and then when we sell the land, you take the money
from there, and spend it in the motor pool, and therefore, reducing even more the cash flows that
we have in the City of Miami. You have... That's your choice.
Vice Mayor Dawkins: You know what, Mr. Manager? I wouldn't have a problem with that, if
you didn't have on your wall, six or eight plaques that say you're the best Manager in this area,
four or five plaques that said you got the best budget department.
Mr. Odio: That's true.
Vice Mayor Dawkins: OK. So therefore, you must know what you're doing. So, now, all of a
sudden, you're going to come and tell me that you don't know what you're doing, and I got to
make up a shortage.
Mr. Odio: No, because I know what I'm doing.
Vice Mayor Dawkins: Well, then, do it.
Mr. Odio: I am telling you, we are putting the City...
Vice Mayor Dawkins: Then do it.
Mayor Clark: Are you going to vote for this or not?
Mr. Odio: ... in a situation where we could relieve the general fund by doing this, and when we
are not going to be able to replace any of our capital structures.
Mayor Clark: All right. Mr. Gort has the floor.
Vice Mayor Dawkins: Well, I'm going to bring everybody I can get down here, who's been
down here begging money, you can divert...
Mayor Clark: Please, I'm going to... I'm going to adjourn this meeting...
I
Vice Mayor Dawkins: You can do what you... You're the Mayor. You need three votes to
adjourn the meeting.
Mayor Clark: No, I don't.
Vice Mayor Dawkins: All right. Well, adjourn it, then. Adjourn it.
63 November 17, 1994
Commissioner Gort: Mr. Mayor. Mr. Dawkins.
Mayor Clark: Go ahead, Mr. Gort.
Commissioner Gort: What 1'd like to see is for you to come back this afternoon and I can
understand that you're trying to address, and I think we need to have that information, and we
need for the public to know about it. I think you need to come back this afternoon and tell us, by
doing this, the money that we have in reserve, we'll be able to increase our fund balance, which
is so much needed to keep up our rating and to keep up the economics of the City. But you got
to come back and tell us that. Not only us, but to tell the public, so they know why we're voting
on things.
Mayor Clark: Well, I believe that they've got to.
Commissioner Gort: OK? So I'd like to defer this for later on. You come back, and you tell us,
give us all this information. Then I'll be ready to vote on it.
Vice Mayor Dawkins: Mr. Gort, I cannot get enough people down here who have been turned
down by this afternoon. Now, if you'll amend your motion to say reschedule it for the next
hearing, where I could bring ten or twelve bus loads of people down here who could explain to
you what I'm trying to tell you, the number of times that they, as poor people, have been turned
down for economic development money, for housing...
Mayor Clark: Let me settle this, Miller.
Vice Mayor Dawkins: Yes, go right ahead.
Mayor Clark: I'm going to make a motion that we deny the resolution right now.
Vice Mayor Dawkins: Second the motion.
Mayor Clark: All right. Call the roll.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO.94-816
A MOTION TO DENY AGENDA ITEM 9 (PROPOSED RESOLUTION TO
AUTHORIZE MANGER TO REALLOCATE $1,950,000 FROM THE 18TH AND
19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE
RELOCATION OF THE MUNICIPAL SHOP OPERATIONS).
64 November 17, 1994
Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
Vice Mayor Dawkins: Plummer didn't vote. Plummer didn't vote.
Commissioner Plummer: You know, it's not a funny matter, really and truthfully.
Mayor Clark: It's all right.
Commissioner Plummer: I think that my colleague is entitled to more information, and I'm
going to vote with the motion, but let me tell you something. It's not going to go away. It's a
matter we've got to deal with
Commissioner Gort: Sure.
Commissioner Plummer: And deferring it and denying it at this time is not the ultimate answer.
Vice Mayor Dawkins: I agree with that.
Commissioner Plummer: If it is the ultimate answer, then shame on us.
Mayor Clark: Did you vote, J.L.?
Commissioner Plummer: Excuse me?
Mayor Clark: Did you vote?
Commissioner Plummer: I voted with the motion, yes.
Mayor Clark: Now, let's move forward. That's the end.
Mr. Manuel Gonzalez-Goenaga: Excuse me. To...
Mayor Clark: No, sir.
Mr. Gonzalez-Goenaga: For my understanding, it was deferred, this one?
Mayor Clark: It's not deferred. It was defeated.
Commissioner Plummer: Defeated.
Mr. Gonzalez-Goenaga: Defeated. Oh, I'm sorry. OK.
j Mayor Clark: Now, have a seat.
65 November 17, 1994
frv�
Mr. Gonzalez-Goenaga: Now we're going to 10.
Mayor Clark: Just will you please relax a moment?
Mr. Gonzalez-Goenaga: I have a patience of Job, Mr. Mayor.
Mayor Clark: I know you do.
Commissioner Plummer: The patience of who?
Vice Mayor Dawkins: The patience of who?
Mr. Gonzalez-Goenaga: Job.
----------------------------------------------------------------------------------------------------------------
10. RATIFY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED --
WAIVE COMPETITIVE SEALED BIDS -- APPROVE INSTALLATION OF A
PUBLIC ELEVATOR AT MIAMI CITY HALL (PROJECT B-6219) BY M.E.T.
CONSTRUCTION, INC. -- ALLOCATE FUNDS ($146,673.83) -- RATIFY
EXECUTION OF CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: City Hall elevator project ratification, emergency installation. You want to speak
on that?
Mr. Gonzalez-Goenaga: Why not?
Mayor Clark: All right. You go ahead.
Mr. Gonzalez-Goenaga: It is my right. Well, basically, I am a disabled person.
Mayor Clark: Very good. I'm happy to hear that.
Mr. Gonzalez-Goenaga: So I am in full accordance with the new elevator, because I have heavy
arthritis, and I hope to be able to visit you more often, Mr. Clark.
Mayor Clark: You've never been denied.
Mr. Gonzalez-Goenaga: And it will be denied, you think so? No, I hope not. And then if it's
going to be denied, I'm going to say it right here. My dear friends, I remember when Casey
Stengels told his ball players on the first year of the Mets, "Hey, you guys, you know how to
play this game?" And the problem is, and I have said it here constantly, over and over again,
that nothing can be done with this present Administration. And let me tell you, for... I have
some experience in securities law. And based on securities law, false and misleading
information is a crime. It has the crime liability, as civil liability. And what we are getting here,
the lack of information, the omission of material facts, of full disclosure, is on the verge of a
criminal activity. Thank you very much.
Mayor Clark: Thank you. Yes, sir.
Mr. Jim McMaster: Jim McMaster. Before I raise the City Manager's blood pressure, I'd like to
point out that, you know, I'm not questioning every emergency funding that comes up before
66 November 17, 1994
this Commission. On this agenda, CA-3, CA-4, CA-5, most of which has to do with the
Hemispheric Summit, landscaping out front, item number 11 on the regular agenda, item number
37, they're all emergency, and they're all fine. I have no question with that. I have questions
with number 10 and number 12.
Mayor Clark: Well, let's stay with 10 right now. You're on 10. What's your...
Mr. Odio: Let me explain the reason for the emergency in 10. One of them was we were
notified we were not in ADA, Americans With Disabilities Act. What happens is we have been
getting away with... The fact is that we had the freight elevator working until Hurricane Andrew
came along and damaged it to the extent that it would have cost more to replace the freight
elevator in the back than it would have been to install a brand new elevator.
Mayor Clark: And they could have closed the building down.
Mr. Odio: And they could have closed us down, because including a Commissioner from the
County who complained directly to me that he could not have access to the Mayor, there are
some other people that are disabled, more so than Mr. Goenaga, who is mentally disabled. They
couldn't get upstairs to the second floor.
Mr. Gonzalez-Goenaga: But I am not a thief.
Mr. Odio: And therefore, the problem that we had here was we were going to lose a seventy-
eight thousand dollar grant from the County that was allocated for this elevator if we didn't do it.
Mayor Clark: Now, what's your question?
Mr. McMaster: Well, I think that, you know, again, we have a grant, and we wait till the last
minute. My specific question on this is, if you look at your agenda packet that you've been
provided with, on the November 3rd memo from Cesar Odio to the Mayor and Commissioners,
he talks about informal competitive bids were submitted, and it comes to a total of a hundred and
forty-six thousand dollars. On September Ist, the next memo in the packet, Cesar Odio's memo
to file, it talks about the February 22, 1994 contract awarded to MET Construction for a hundred
and forty-one thousand dollars. And it goes on to add that there was an increase in the contract
amount of eleven thousand, five hundred dollars, for a total of a hundred and fifty-two thousand,
five hundred. The next memo in your packet, to speed this up, is a notice of public hearing
which refers back to the hundred and forty-six thousand. And then the final memo refers to a
hundred and forty-six thousand plus estimated expenses of fourteen thousand, for a total of a
hundred and sixty. So is it a hundred and sixty, a hundred and forty-six, or a hundred and fifty-
two?
Mayor Clark: What's the cost?
Mr. Wally Lee (Assitant City Manager): One hundred and sixty thousand, eight hundred dollars.
Mr. McMaster: Well, why do we have all these other memos which give different figures?
Mr. Lee: Well, I have... If you'll refer to the memo of September 1st to the file, from the
Manager, and I'll read it for you.
"On February 22, 1994, a contract for the City Hall Elevator project was awarded
to MET Construction, in the amount of one hundred and forty-one thousand
dollars. During the construction phase of this project, which included demolitions
of portions of the existing basement and lobby floors, it became necessary to
cease work operations due to excessive noise that disrupted normal business at
67 November 17, 1994
City Hall. The operations... The contractor was directed by Public Works to
continue his operations after normal working hours. The contractor is entitled to
extra compensation, due to the fact that this work restriction was not included in
the original job specifications. Also, on several occasions the contractor was not
allowed to perform work at the job site due to Code Enforcement Board, Zoning
Board, and Civil Service Board meetings held during daytime and evening
hours."
Mayor Clark: You got an answer?
Mr. Lee: And, Mr. McMaster, to complete it, all those records are available for public
inspection, every cost on that particular job.
Mr. McMaster: Do you have the other bids? On item number 12, the other bids are in the
packet. On item number 10, there are no other bids included. And I would think...
Mr. Lee: Well, I have it right here for you.
Mr. McMaster: Yeah. I would think that if you're doing major work in the lobby, you would
warn these people that there are meetings here, and they can't disturb the meetings. I just think
that between item 10 and item 12, there's a quarter of a million dollars that never went out to
bid.
Mayor Clark: OK.
Mr. McMaster: I think, you know, the City isn't rolling in money, and this elevator has been a
question for years. I've been coming here since 1984. There has never been an elevator. The
AD... You remodelled the Orange Bowl how many years ago, to comply with the ADA Act?
Mayor Clark: A long time ago.
Mr. McMaster: So...
Mr. Odio: Yes. No, excuse me. And we were sued by the ADA.
Mr. McMaster: I know you were sued.
Mr. Odio: And we had to spend another million... How many dollars did we spend in the
Orange Bowl after the fact?
Commissioner Plummer: Twenty-one million.
Mr. Odio: Close to a million dollars more to comply with ADA requirements to settle the
lawsuit.
Mr. Lee: And we're still mediating that lawsuit.
Mr. Odio: But...
Vice Mayor Dawkins: Mr. Manager, you're still missing the point.
Commissioner Plummer: That's....
Vice Mayor Dawkins: You were ordered to fix the freight elevator, and when you got the
estimates to fix the freight elevator, it cost more to fix that one than to put a new one...
68 November 17, 1994
Mr. Odio: Than to put a new one.
Vice Mayor Dawkins:... so you put a new one in.
Mr. Odio: That's right. That's true.
Vice Mayor Dawkins: Well, say that and forget about it.
Mr. Odio: I did say that, but he don't listen.
Mr. McMaster: Right. Thank you very much. Yes, sir, I do. Thank you very much.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir. That's enough.
Commissioner Plummer: Let me... For the record, I have no problem with the elevator in
complying with the ADA laws, and everything like that. What I've got a problem with is, after
the fact, of asking this Commission to rubber stamp something, right or wrong. Now, you know,
the question has to be asked, if you don't get a majority vote, what happens? Who pays for that
elevator? Do they come take it out? What I'm saying is that we are the elected officials.
Mr. Odio: We couldn't... There was no City Commission.
Commissioner Plummer: The Code is very clear that anything over forty-five hundred dollars
has to go out to a bidding procedure. Now, you know...
Mr. Odio: I will give you my commitment that there will be no more emergency items. And
then...
Commissioner Plummer: Sir, I have... If there is an emergency item, then come and speak to
the Commission.
Mr. Odio: Everybody in the world knew we were building this elevator.
Commissioner Plummer: Sir, I knew you were going to put in an elevator, but I'm saying to you
that twenty years from today when somebody comes to me and says, "Why did you put that
elevator in?" OK? I'm telling you, Mr. Manager, we...
Mayor Clark: Take a copy of that resolution with you.
Commissioner Plummer: ... we have the integrity of a bidding procedure.
Mayor Clark: All right. Let's move. Item number 11.
Vice Mayor Dawkins: Did we move ten?
i Mayor Clark: Yes.
Commissioner Plummer: No.
Commissioner Gort: It hasn't been moved. Mr. Mayor, I have a question, please.
69 November 17, 1994
Mayor Clark: I thought we had, the elevator. Didn't we move on that, Madam?
Commissioner Gort: No.
Ms. Matty Hirai (City Clerk): No, we did not.
Mayor Clark: Motion and a second by Mr. Plummer and Mr. Gort. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-817
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE INSTALLATION OF A PUBLIC ELEVATOR AT MIAMI
CITY HALL, 3500 PAN AMERICAN DRIVE, FROM M.E.T. CONSTRUCTION,
INC., IN THE AMOUNT OF $146,673.873, TOTAL BID OF THE PROPOSAL, FOR
THE CITY HALL PUBLIC ELEVATOR PROJECT, B-6219, FOR THE
DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 311040, AS APPROPRIATED BY THE FISCAL YEAR 1993-94
CAPITAL IMPROVEMENT ORDINANCE NO. 11139, IN THE AMOUNT OF
$146,673.83 TO COVER THE CONTRACT COST AND $14,126.17 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $160,800.00;
FURTHER RATIFYING THE CITY MANAGER'S EXECUTION OF A CONTRACT
WITH M.E.T. CONSTRUCTION, INC., FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
j Commissioner Plummer: I'm voting yes, with the explanation that I made.
Commissioner Gort: Mr. Mayor, I'll vote yes on this one, but what I'd like to do is for the
Manager to explain the differences between the bidding process and the process that he uses
during an emergency here, when he gets three different and four different bids. What's the
difference between getting those bids, and doing the other ones officially?
Commissioner Plummer: None.
70 November 17, 1994
Commissioner Gort: Yes.
COMMENTS MADE AFTER ROLL CALL:
Mr. Odio: The difference is...
Mr. Lee: The difference, Commissioner, is on a formal bid process you have mail -outs,
advertising, et cetera. In this process... And they're sealed.
Commissioner Plummer: Yeah, but, Wally, listen, please. I don't...
Mayor Clark: Let's don't go through that anymore. Let's move on.
Commissioner Plummer: OK. I just didn't...
Commissioner Gort: Mr. Mayor, I'm sorry.
Commissioner Plummer: ... In the future, I'll vote no. It's ridiculous.
Commissioner Gort: Let him finish.
Commissioner Plummer: You'll never know if you got a good price or not.
Commissioner Gort: Go ahead.
Mr. Lee: Under the informal basis, we invite bidders, and they also give us sealed bids, but it's
not advertised.
Commissioner Gort: Well, let me give you a suggestion. With the way faxes are today...
Mr. Lee: Yes, sir.
Commissioner Gort: I think you can send fax, and tell them, "We want the bid by next day," and
they could have it here. Thank you.
Commissioner Plummer: Well, that's...
Mr. Lee: OK. That's a good idea.
Mr. Odio: Don't worry. There won't be no more emergencies unless I can...
71 November 17, 1994
------------------------------------------------------------------------------------------------------- I----------
11. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- FOR REPAIR / REPLACEMENT OF
STORM SEWER AT S.E. 8 STREET AND S. BAYSHORE DRIVE --
ALLOCATE FUNDS ($15,000 FROM CIP 352231) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Storm sewer replacements.
Commissioner Plummer: Another emergency. Justify the emergency. I'll vote for it. I mean...
Mr. Wally Lee (Assistant City Manager): Commissioner...
Commissioner Plummer: ... what choice do we have?
Mr. Lee: Commissioner, this is located at Southeast 8th Street, right on Brickell, where you go
down towards the Four Ambassadors. Apparently, during construction, a concrete mixer truck
washed out his drum, and clogged the drain with concrete. There was extensive flooding in the
Sun Bank, and that whole general area. There was no way of cleaning it without replacing it.
Commissioner Plummer: Are we suing the contractor?
Mr. Lee: We could not identify where that concrete came from.
Commissioner Plummer: Well, is not the State responsible for that, where they're doing the
work on the bridge?
Mr. Lee: This was previous to the construction of the bridge.
Commissioner Plummer: OK.
Mr. Lee: We cannot identify it.
Mayor Clark: Give me a motion.
Commissioner Plummer: Mr. Mayor, we have no choice. We've got to pay the bill. Our City
Administration incurred the cost. That's my problem. Now, I'll make a motion. We have no
choice.
Mayor Clark: Is there a second? Call the roll.
72 November 17, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-818
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR THE
REPAIR AND REPLACEMENT OF A STORM SEWER LOCATED AT SOUTHEAST
8TH STREET AND SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN
EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE
AND RESPONSIBLE BID FOR SAID SERVICES AT SOUTHEAST 8TH STREET
AND SOUTH BAYSHORE DRIVE; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $15,000, FROM PROJECT NO. 352231 AS
APPROPRIATED BY THE 1993-1994 CAPITAL IMPROVEMENT ORDINANCE NO.
11139, AS AMENDED, FOR SAID REPAIR AND REPLACEMENT OF SAID
STORM SEWER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
SUCCESSFUL BIDDER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
12. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- FOR WIDENING OF VIRGINIA KEY
COMPOST FACILITY SERVICE ROAD B-6216A AT NORTH END OF
VIRGINIA KEY -- ALLOCATE FUNDS ($98,645) FROM FY '94
RECYCLING AND EDUCATION GRANT -- EXECUTE NECESSARY
DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 12.
Commissioner Plummer: Here we go again. Justify the emergency.
Mr. Cesar Odio (City Manager): The trucks could not...
73 November 17, 1994
Mr. Wally Lee (Assistant City Manager): What, now?
Mr. Odio: I can show you the pictures. We were opening our composting plant, and we had to...
The trucks could not fit in. We almost had a bad accident. Somebody could get killed.
Mr. Lee: In addition to that, Commissioner Plummer, there was a grant from the County that
expired, I believe, at about...
Vice Mayor Dawkins: This is 12?
Mr. Lee: Yes, sir, a grant from the County that expired, the deadline was September 30th, and
we had to do it before that deadline, or otherwise, we would lose that grant.
Mr. Odio: And, we were during the August recess.
Commissioner Plummer: There's no question, it needed to be done, OK?
Mayor Clark: All right.
Commissioner Plummer: I'm merely stating, to me, it was not an emergency.
Mayor Clark: Call the...
Mr. Jim McMaster: Excuse me, sir. You know, there's no reason to go through all this. I mean,
the composting has been open for two years. They used that area during the hurricane, they've
had access in and out. Could we get a resolution from the Commission stating a general outline
of... the City Manager, if he has an emergency, should come to you? You have two meetings a
month, generally, except for August.
Mayor Clark: We'll handle that...
Mr. McMaster: He could come to you and just run it by you.
Mayor Clark: We'll handle that here. He's made his statement. We'll handle that here. We're
not putting nothing down on paper.
Mr. McMaster: You know, because this has been going on for years. Thank you.
Vice Mayor Dawkins: This is 12, 12?
Mayor Clark: Yes.
Vice Mayor Dawkins: This is item 12?
Mr. Lee: Yes, yes, Commissioner.
Vice Mayor Dawkins: The binding of books?
Mayor Clark: No, no, this is...
Commissioner Plummer: No. Twelve is the sewage plant, the mulching machine. The road to
the mulching machine.
Vice Mayor Dawkins: Well, OK. Well, I got the wrong...
74 November 17, 1994
Commissioner Plummer: I move it, Mr. mayor.
Vice Mayor Dawkins: I got the wrong agenda.
Mayor Clark: Is there a second?
Commissioner Plummer: Again, I have no choice but to move it and to vote for it.
Ms. Matty Hirai (City Clerk): Second, Vice Mayor Dawkins?
Commissioner Plummer: I've been over there. I know it.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-819
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR THE
WIDENING OF THE VIRGINIA KEY COMPOST FACILITY SERVICE ROAD B-
6216A, LOCATED AT THE NORTH END OF VIRGINIA KEY, MIAMI, FLORIDA;
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST
RESPONSIVE AND RESPONSIBLE BID FOR SAID SERVICES AT THE VIRGINIA
KEY COMPOST FACILITY SERVICE ROAD; ALLOCATING FUNDS THEREFOR
FROM THE FY '94 RECYCLING AND EDUCATION GRANT, ACCOUNT NO.
421304-197006-340, IN AN AMOUNT NOT TO EXCEED $98,645 FOR SAID
WIDENING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
75 November 17, 1994
.4)
----------------------------------------------------------------------------------------------------------------
13. TEMPORARILY RESTRICT VEHICULAR ACCESS TO MARLER AVENUE
AT ITS INTERSECTION WITH DOUGLAS ROAD.
Mayor Clark: All right. This is item 13.
Commissioner Plummer: Whose item is this? Who brought this up?
Mr. Jim Kay: Mr. Mayor, members of the Commission, this is a request by neighbors in the
vicinity of Marler Avenue and Douglas Road to close off vehicular access to Marler Avenue,
which is unimproved road...
Commissioner Plummer: It doesn't exist. It doesn't exist, does it?
Mr. Kay: It's a right-of-way. It's a public right-of-way, only twenty-five feet wide, and it is
unimproved. There... It's just vegetation.
Mayor Clark: Well, half goes back... to the front and half goes to the back, right?
Commissioner Plummer: To each property owner.
Mr. Kay: Right.
Commissioner Plummer: Are you in favor, or opposed?
Ms. Bonnie Pickard: I think that the issue is a little unclear to me, the way it's written here.
Mayor Clark: Give us your name, please, ma'am. Your name?
Ms. Pickard: My name is Bonnie Pickard, and I live at 3689 Loquat Avenue. And the map that
you have shows the three residents on Loquat.
Mayor Clark: Yes.
Ms. Pickard: St. Hugh Oaks is behind, and what is left of the alleyway is marked in red.
Mayor Clark: Yes.
Ms. Pickard: And it's create...
Commissioner Plummer: You would get half of it, and the City would get half of it.
Ms. Pickard: Well, it wasn't exactly that clear, Mr. Kay.
Commissioner Plummer: Am I correct?
Mr. Kay: This is just a closure to vehicular access. This is not an abandonment and replatting.
That's all this is.
Commissioner Plummer: What happens to it when you close it?
76 November 17, 1994
i
Mr. Kay: If you close it and abandon it? Well, in this case, it's a little different.
Commissioner Plummer: Who pays the taxes and who maintains it?
Ms. Pickard: I'll be glad to do that.
Mr. Kay: Right now...
Commissioner Plummer: Might be the best idea.
Mr. Kay: ... to... OK. Well.
Commissioner Plummer: No. I'm asking the question.
Mr. Kay: The question, to answer your question, in this particular case, in Marler, in the case of
Marler, when the property was previously platted, the underlying plat, before Marler was
dedicated, it went entirely with the St. Hugh Oaks side. OK? Because it was supposed to be a
fifty -foot wide street. Twenty-five feet of it went from the St. Hugh Oaks side.
Mayor Clark. What do you recommend, Jim?
Mr. Kay: We are recommending that it be closed to vehicular access at that particular point, as
shown on the map.
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: It's not open now to vehicular access.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: I have a problem with that, because this has been happening in a lot of the
places. We close that, and then we do not maintain it. They can't maintain it, because they own.
I think we should give ownership to the individual, so at least we can require they'll pay taxes on
it, and they'll maintain it.
Commissioner Plummer: I agree.
Ms. Pickard: What is that? I'm sorry, I didn't understand that.
Commissioner Gort: Rather than have them closed and leave it vacant, and where a lot of things
could happen, the grass, the whole works, is give half of the land to you, and the other half to the
City.
Commissioner Plummer: Excuse me. Excuse me.
i
Ms. Pickard: Could I... Could I point out something on that issue?
Mayor Clark: Yes. Please do.
Commissioner Plummer: You've got to close it, dedicate it, and then declare it surplus.
Ms. Pickard: OK, While St. Hugh Oaks was being built, I asked them if they were going to use
that property. They said categorically that they were not. They have now finished building.
77 November 17, 1994
They have erected a fence. I even offered to pay for the materials on the fence, to close it off.
They went ahead and erected a fence on the property line, and they have landscaped. Now, I
keep saying, this is exactly what it's doing, it's creating a hazard to us. We have derelicts in
there using that as a public toilet in the middle of the night.
Commissioner Plummer: Well, why don't we just give it to them?
Commissioner Gort: That's what we're going to do.
Ms. Pickard: What I want to do now, now that the parameters, the goldposts have changed...
Commissioner Gort: We're with you. We're with you.
Ms. Pickard: OK. Well, the goldposts have changed. What I'm saying is... and I'm with St.
Hugh Oaks. But now, what I would like to do, as a taxpayer, is to erect a fence there, and pay
the property taxes, and all the three property owners along there would be glad to pay the
property taxes,
Mayor Clark: All right. Do that.
Mr. Kay: In order to pay the property taxes, they would... she would have to actually own the
property.
Mayor Clark: Well, sure. That's what she wants to do.
Commissioner Plummer: Well, you got to close the dedication, declare it surplus. Go through
the process.
Commissioner Gort: You have to go through the process and all that.
Mr. Kay: OK, OK, all right.
Commissioner Plummer: Move it, Willy.
Mayor Clark: OK. Moved?
Commissioner Gort: So move.
Commissioner Plummer: I second.
Mayor Clark: Cast a unanimous ballot.
Commissioner Gort: In the meantime, try to put...
Mayor Clark: It's all been passed.
A. Quinn Jones, III, Esq. (City Attorney): What are you moving?
Commissioner Plummer: We're moving to close the dedication, the process of declaring a
surplus so that it comes back to the Commission, and we can award it to the people that we feel
that is appropriate.
Mayor Clark: That's right.
78 November 17, 1994
Mr. Bailey: I would just like to put on the record, Commissioner, that we have had this
discussion, and we thought it would be equitable to dedicate half of it to St. Hugh Oaks, which is
our property, and the other half to the tenants so that...
Commissioner Plummer: What I see here - OK? - if this map, which was handed to me, is
correct...
Mr. Bailey: Yeah.
Commissioner Plummer: ...all of that property, to keep a continuous building lot line, would be
on their side of the St. Hugh Oaks Village condos. Am I correct?
Mr. Bailey: It's not on their side. It's...
Commissioner Plummer: Well, that's... Who gave me this map?
Ms. Pickard: I did.
Unidentified Speaker: We took it from the City of Miami.
Ms. Pickard: City of Miami plats.
Commissioner Plummer: What I'm looking at right here, Joe - OK? - is that if you kept a
property line all the way straight across, all of that property in question is on their side of that
property line. You see...
Mr. Bailey: It's not on their property line.
Commissioner Plummer: Well, excuse me. Then this map is incorrect. If it is, then I'm
mistaken.
Ms. Pickard: No, that... What has happened, Commissioner Plummer, what has happened is that
the other property owners on Loquat over the years, and I'm talking about since the 1960s, have
acquired the land or encroached upon the land.
Mr. Bailey: Encroached upon it.
Ms. Pickard: Or whatever. They have built... They have pools back there. They've lived there
for over twenty years.
Mayor Clark: OK.
Ms. Pickard: They've acquired the land, and I think it would... It's nearly impossible to uproot
it now.
Commissioner Plummer: That map is pretty clear.
Mayor Clark: Well, we're only working on these three -pieces of...
Mr. Bailey: No...
Commissioner Plummer: The map is incorrect. I'm sorry.
Mayor Clark: That's all right. Let's move forward.
79 November 17, 1994
Mr. Bailey: Well... Huh?
Unidentified Speaker: The map is incorrect.
Mr. Bailey: The map is incorrect, but, however, we think that it's fair that we, if we dedicate it
to property owners, it would be one half to St. Hugh Oaks, and one half to the people on Loquat,
so they don't have to remove anything they've already done.
Mayor Clark: That's right. All right. Very good. Get the whole thing done, Jim.
1 Commissioner Plummer: Fine.
Mayor Clark: Item 14.
Ms. Matty Hirai (City Clerk): We need to call the roll on it, Mr. Mayor.
Mayor Clark: Vote on it?
Ms. Hirai: Yes.
Mayor Clark: They offered it.
Ms. Hirai: Yes.
Commissioner Plummer: Well, what we're voting on, as I understand, is to close it...
Mayor Clark: And split it down the middle.
Commissioner Plummer: ... and remove the dedication, and then declare it surplus to come back.
That's what I'm voting on.
Mr. Kay: Right. It will have to come back to you one more time.
Commissioner Plummer: That's correct.
Mayor Clark: OK.
Mr. Odio: I will recommend, unless we have an event there, to go ahead and do this. Do you
have an event that day?
Unidentified Speaker: Just a rental.
Mayor Clark: Wait a minute. Let's... We're on item 14.
Commissioner Plummer: Yeah.
Mayor Clark: Where are we?
Ms. Hirai: Thirteen.
Mr. Odio: That's to waive the rental fee for the Orange Bowl. I would recommend...
Mr. Jones: You haven't voted on 13 yet.
80 November 17, 1994
Commissioner Gort: We have not voted on 13.
Mayor Clark: We haven't voted on it. Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-820
A RESOLUTION TO TEMPORARILY RESTRICT VEHICULAR ACCESS TO
MARLER AVENUE AT ITS INTERSECTION WITH DOUGLAS ROAD IN THE
CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED
WITHIN THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------
14. GRANT REQUEST BY INNER CITY YOUTH CENTER FOR FEE WAIVER
FOR USE OF ORANGE BOWL (JANUARY 14, 1995).
Mayor Clark: Item 14.
Mr. Cesar Odio (City Manager): I would recommend that we waive the rental fee on the Orange
Bowl.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: For Commissioner Dawkins' youth center.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot if there's no exception.
81 November 17, 1994
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-821
A RESOLUTION WAIVING ALL WAIVABLE USER FEES FOR THE USE OF THE
ORANGE BOWL STADIUM BY THE INNER CITY YOUTH CENTER FOR
PRESENTATION OF A YOUTH SPORTS BOWL IN THE TRIBUTE TO DR.
MARTIN LUTHER KING, JR., TO BE HELD ON JANUARY 14, 1995; SAID
WAIVER CONDITIONED UPON THE ORGANIZERS OBTAINING INSURANCE
TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; FURTHER, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE INNER CITY
I YOUTH CENTER FOR SAID PURPOSE,
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: Item 15.
Commissioner Gort: Mr. Mayor, a presentation. You got it.
Mr. L. Anthony Dawkins: Thank you.
Commissioner Plummer: Mr. City Attorney, on 15, have you, in fact...
Mayor Clark: It's been approved, sir.
Vice Mayor Dawkins: But he didn't get nothing.
Commissioner Plummer: Have you, in fact, Mr. City...
Mayor Clark: Huh?
Vice Mayor Dawkins: He didn't get nothing but...
Mayor Clark: But the fee waived.
Commissioner Plummer: Excuse me. Are we finished with 14 or not?
Vice Mayor Dawkins: The fee waived, OK.
82 November 17, 1994
Mr. L. Anthony Dawkins: The fee has been waived, Mr. Mayor, thank you. But a memo was
sent to your office from Mr. Max Cruz on October 12, 1994, and the event... To make this event
a reality, Mr. Cruz advised me of the additional cost.
Mr. Odio: Yes. That, you have to assume.
Commissioner Plummer: That, you got to pay, sir.
Mr. L. Anthony Dawkins: We're here... I'm here this morning to speak to the Commission on
the behalf of that, and that is that I'm asking this Commission, as a steering Commission, to
advise me, along with the Orange Bowl, as well as the City of Miami in any other possible ways
to support us in additional funding for a nonprofit organization, to make this event happen for
our young people.
Mayor Clark: Well, sir, the only thing we have on the agenda here is a fee waiver.
Commissioner Plummer: That's it.
Mayor Clark: We can't increase upon that. If you make a request, that's another situation.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: Can I give a suggestion? My understanding, this is working with the kids.
Maybe you should go to the police and see if you can tap some of their funds for the crime
prevention that they have.
Commissioner Plummer: Well, that's an idea. How many people do you anticipate?
Mr. L. Anthony Dawkins: We anticipate a thousand youngsters will be participating in the
actual bowl.
Commissioner Plummer: Why the Orange Bowl? It's such an expensive... Why don't you go to
Curtis Park...
Mr. L. Anthony Dawkins: Well...
Commissioner Plummer: ... or some other facility? I mean, that is an expensive place to open.
Mr. Odio: Bobby Maduro.
Mr. L. Anthony Dawkins: We..
Vice Mayor Dawkins: We can also use Bobby Maduro.
Mayor Clark: Yeah.
Commissioner Plummer: Yeah.
Mayor Clark: Baseball stadium.
Mr. L. Anthony Dawkins: We understand that, and we would be looking at taking an
opportunity to look at those options. Right now, we also are looking at that we've made a
83 November 17, 1994
commitment to our young people. I think it's an exciting event for them. However, we do look
at the cost, and I think when it comes to that cost, we have to make some consideration where we
can put our young people on a path...
Mayor Clark: Sir, let me say this. If you use Bobby Maduro Stadium, there might be some
money forthcoming from the City. But if you use the Orange Bowl, we don't have any money.
Commissioner Plummer: That's it.
Mayor Clark: Is that simple?
Mr. L. Anthony Dawkins: It's simple enough, Mr. Mayor, and I understand your concerns here.
Mayor Clark: If you're looking for money, it's going to cost an awful lot to waive the fee on the
Orange Bowl, but not so much on Bobby Maduro Stadium.
Mr. L. Anthony Dawkins: Well, it seems that our fees incurred in terms of protection...
Mayor Clark: OK. I thought I'd helped you out.
Commissioner Plummer: Well, excuse me. The rental on the Orange Bowl alone is five
thousand.
Vice Mayor Dawkins: Let the record reflect that Mr. L. Anthony Dawkins is a very, very, very
distant cousin of mine, so I am under no conflict of interest voting on this.
Commissioner Plummer: We won't hold that against him.
Vice Mayor Dawkins: OK.
Mayor Clark: You give us a distant vote then, will you? Which one you want; the Orange Bowl
or the Bobby Maduro Stadium?
Mr. L. Anthony Dawkins: Well, if you're telling me Bobby Maduro Stadium, that we're going
to cut all costs, then...
Mayor Clark: No, I didn't say that.
Commissioner Plummer: No, no, no.
Mr. L. Anthony Dawkins: Right now, I'm going to stand with the present...
Mayor Clark: All right.
Mr. L. Anthony Dawkins: ... vote that you're going to waive the fees to the Orange Bowl. I'd
like to just say to this Commission, I'm very thankful for you.
Mayor Clark: Thank you, sir.
Mr. L. Anthony Dawkins: But, however, there is more and more... more issues that came up that
were very much insensitive to this. I think when it comes to the safety of our young people,
public safety, we have to be more sensitive to them.
Mayor Clark: Thank you, sir. Thank you.
84 November 17, 1994
----------------------------------------------------------------------------------------------------------------
15. (A)AUTHORIZE REIMBURSEMENT OF ATTORNEY'S FEES TO
KLAUSNER & COHEN, P.A. FOR REPRESENTATION OF MIAMI
POLICE OFFICERS THOMAS TRUJILLO AND EUGENE KOWALSKI.
(B)DIRECT ADMINISTRATION TO NOTIFY DEPARTMENT HEADS OF
NEW CITY COMMISSION POLICY THAT NO MORE OUTSIDE
COUNSELS WILL BE PAID FOR BY THE COMMISSION WITHOUT
PRIOR APPROVAL.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 15.
Commissioner Plummer: Mr. City Attorney, have you gone over item 15?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. On item 15, as you recall, there were two
officers, Officer Trujillo...
Commissioner Plummer: Have you gone over... Are the fees legitimate?
Mr. Jones: Yes, sir. If you'd let...
Commissioner Plummer: I move item.
Mr. Jones: If you've let me explain, please, first. Let me explain first.
Commissioner Plummer: Yes, sir.
Mr. Jones: Originally, with Officer Trujillo, he was requesting... Was it two hundred fifty
thousand? I was able to negotiate down to two hundred and ten. With Officer Kowalski,
original fee, seventy-five. I was able to negotiate down to sixty-five.
Commissioner Plummer: OK. You know, here again, I'm going to vote for it. We now have a
new policy in this Commission, and I hope everybody is aware that there will be no more
counsels, outside counsels paid for by this City Commission without first coming here and
getting our approval, and we will set a maximum fee the City will pay. I think this is the last of
those that are outstanding. No more of that.
Mr. Jones: I don't know. Mr. Cohen would have to tell me that. I don't know.
Commissioner Plummer: OK. You've gone over these, you think that you've done the best that
you can.
Mr. Jones: Yeah, yeah.
Commissioner Plummer: I move item 15, Mr. Mayor, to clean house.
Mayor Clark: All right. Is there a second?
Commissioner Gort: I'll second with the condition that all the departments, head of departments
get the information, to make sure that they're all aware of it.
Mayor Clark: All right. Call the roll.
85 November 17, 1994
The following resolution and motion were introduced by Commissioner Plummer, who moved
their adoption:
RESOLUTION NO.94-822
A RESOLUTION AUTHORIZING THE DIRECTOR OF THE FINANCE
DEPARTMENT TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF
THE LAW FIRM OF KLAUSNER AND COHEN, P.A. IN THE AMOUNT OF
$275,000 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE
FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS: $210,000
FOR THE REPRESENTATION OF THOMAS TRUJILLO, POLICE OFFICER, IN
THE CASE OF U.S.A. V. PABLO CAMACHO, ET. AL., UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 89-650-CR-MARCUS;
$65,000 FOR THE REPRESENTATION OF EUGENE KOWALSKI, POLICE
OFFICER, IN THE CASE OF STATE V. EUGENE KOWALSKI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY,
FLORIDA, CASE NO. 91-11895-A; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO ALL CITY OF MIAMI DEPARTMENT HEADS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 94-822.1
A MOTION STIPULATING NEW CITY OF MIAMI COMMISSION POLICY THAT,
FROM THIS POINT FORWARD, THE CITY WILL NO LONGER APPROVE
REQUEST BY OUTSIDE LEGAL COUNSEL(S) FOR REIMBURSEMENT OF
LEGAL FEES INCURRED WHILE REPRESENTING CITY OF MIAMI
EMPLOYEE(S) WITHOUT FIRST SEEKING CITY COMMISSION APPROVAL
AND REACHING AGREEMENT AS TO MAXIMUM FEE THE CITY IS WILLING
TO PAY IN EACH INDIVIDUAL INSTANCE; FURTHER DIRECTING THE
ADMINISTRATION TO FORWARD THE HEREIN INFORMATION TO ALL
DEPARTMENT HEADS WITH THE REQUEST THAT IT BE DISSEMINATED AS
WIDELY AS POSSIBLE IN ORDER THAT ALL CITY STAFF WILL BE
INFORMED.
Upon being seconded by Commissioner Gort, the resolution and motion were 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
Unidentified Speaker: Thank you, Mr. Mayor.
86 - November 1.7, 19.94
i
----------------------------------------------------------------------------------------------------------------
16. GRANT REQUEST BY CATHOLIC SERVICES OF LITTLE HAVANA FOR
RENEWAL OF RENTAL FEE WAIVER FOR OFFICE / CLOSET SPACE AT
MANUEL ARTIME COMMUNITY CENTER -- FOR SOCIAL SERVICES
RENDERED TO THE SOCIO-ECONOMICALLY DEPRIVED RESIDENTS.
Mayor Clark: Item 16.
Commissioner Plummer: Mr. Mayor, on item 16, the Manager is recommending denial. Mr.
Manager, we are presently running about... Hello, Mr. Manager, I'm calling collect.
Mr. Cesar Odio (City Manager): Yes. I'm recommending... Which one? On item 16?
Commissioner Plummer: Yes. Denial.
Mr.Odio: Denial.
Commissioner Plummer: We are running approximately, Mr. Mayor, about six hundred
thousand dollars in subsidy - am I correct? - on that facility, every year. That has got to change.
And I don't know how you do it without addressing all, and that is all of the people that are in
there that are not paying the appropriate rent. So I'm just bringing to the forefront that I think
that, you know, it's got to be a case in which they pay rent. Sorry.
I
Mayor Clark: What's your motion?
Commissioner Plummer: Well, Mr. Mayor, I would send it back to the Manager to negotiate a
fair rent. Now...
Mayor Clark: You want to speak?
Ms. Alicia del Torro: Can I say something, please?
Mayor Clark: Yes, ma'am.
Commissioner Plummer: Sure.
Vice Mayor Dawkins: The Manager denied it. Why are you going to send it back to him and
put the monkey on his back? You either say yes or no.
Mayor Clark: Please, just a moment.
Commissioner Plummer: Well, because they're asking for a...
Mayor Clark: Could I have the floor and recognize this lady?
Commissioner Plummer: Surely, sir.
Mayor Clark: Give us your name, please.
Ms. del Torro: My name is Alicia del Torro. I'm the Administrator for Catholic Community
Services.
87 November 17, 1994
Mayor Clark: Yes.
Ms. del Torro: It's known as Buro Catolico, and we tend to the needs of the Little Havana area.
At the Manuel Artirne Community Center, we are the only social service agency that gives
immediate services to the poor population of Little Havana. We see there a diverse population
of anglos, black Americans, Haitian. Everybody that comes to our office is taken care of. We
are main information referral, financial assistance from FEMA (Federal Emergency
Management Agency) funds, and in the whole area.
Mayor Clark: Can you pay rent?
Ms. del Torro: We haven't... We were funded by Community Development in 1977, and then in
'87, they withdrew our funding, and United Way picked us up. And the archdiocese and the...
Mayor Clark: What kind of funding does United Way give you?
Ms. del Torro: United Way gives us seventy-nine percent of our funding. They give us...
Mayor Clark: How much is that? What's your total budget?
Ms. del Torro: My budget is two hundred and fifteen thousand, one hundred and twenty-one
dollars.
Commissioner Plummer: Whew!
Ms. del Torro: United Way gives us a hundred and sixty-three thousand, and one -fifty-two. And
the archdiocese gives us forty-five thousand, six hundred and nine. And we need that rental fee
waiver, because otherwise, we cannot operate. And you can...
Mayor Clark: How much is the rental fee?
Ms. del Torro: The rental fee is about fifty-nine hundred. It's about that.
Commissioner Plummer: No. It's got to be more than that.
Mayor Clark: Well, ask him.
Ms. del Torro: But you have to realize that we do give a service here.
Commissioner Plummer: How much is the rental fee, if they pay the rental fee?
Unidentified Speaker: Five thousand, eight hundred and seventy-seven dollars.
Commissioner Plummer: Oh. Well, that's not the rental fee you talked about before of eleven
dollars a square foot.
Mr. Odio: This is... The total rent for a year would be five thousand, six hundred and forty-
seven dollars and fifty cents.
Vice Mayor Dawkins: Mr. Manager, what do we give Catholic Services from our CD
(Community Development) funds? What's the total amount of money that we give them?
Mr. Frank Castaneda: Oh, to the archdiocese itself...
88 November 17, 1994
Vice Mayor Dawkins: Yeah, to the archdiocese...
Ms. Matty Hirai (City Clerk): Excuse me. Would you place the statement on the record.
Mr. Castaneda: Yes. There are a number of Catholic Service daycare programs that receive
funding from us.
Commissioner Plummer: Yeah.
Mr. Castaneda: Probably around two hundred and fifty thousand... two hundred and fifty
thousand dollars.
Vice Mayor Dawkins: OK. Thank you.
Ms. del Torro: But they are different programs. It's a different unit.
Mayor Clark: You're talking about five... Can I get a motion to waive the five thousand dollars,
the fifty-nine hundred?
Commissioner Plummer: I'll move to defer and send it back to the manager to negotiate.
i
Commissioner Gort: I have a question, Mr. Mayor.
Mayor Clark: All right.
Commissioner Gort: How many kids do you serve?
Ms. del Torro: We serve families and individuals.
Mayor Clark: "Cuantos"?
Ms. del Torro: Last year, we served forty-seven hundred persons, unduplicated persons. They
came about ten thousand times.
Commissioner Plummer: Hey, I ain't going to fight it, buddy. Steve, we got to do something.
Commissioner Gort: What kind of service do you provide for these individuals?
Commissioner Plummer: Why don't we sell that place?
Ms. del Torro: Social services. We get crisis intervention, we have clothing assistance. We
have a closet there that gives used clothes to five hundred and forty-seven families a year.
Vice Mayor Dawkins: Out of that money that we just saved by not giving it to build up a
garage... I mean a parking, whatever, motor pool, I move that we give her five thousand dollars
from the social service part of that money.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second the motion. The reason I second the motion is because the
services being provided by this agency in the long run is saving the City money.
Ms. del Torro: That's right.
89 November 17, 1994
Vice Mayor Dawkins: And we got money we just found this morning. Thank you.
Commissioner Plummer: Yeah, but, you know, I guess I could feel better if it was a City... the
Catholic Bureau and the City of Miami. You know, the Catholic Church... And I'm a big
contributor. They...
Ms. del Torro: We are not the Catholic Church, Commissioner.
Mr. Odio: Commissioner...
Vice Mayor Dawkins: The Catholic Church is the richest institution in the world.
Commissioner Plummer: Exactly.
Vice Mayor Dawkins: In the world.
Commissioner Plummer: Let me tell you, they are not poor boys. And all I'm saying is, it
should say Catholic Service Bureau and the City of Miami, because we are a participant, and
United Fund. All you read about is the Catholic Service Bureau, and that's wrong.
Mr. Odio: But I need to clarify, Commissioner Dawkins. We...
Mayor Clark: We got a motion and a second.
Mr. Odio: We cannot use those monies for social services.
Vice Mayor Dawkins: All right. Well, we'll find it from somewhere.
Mayor Clark: Motion and a second. Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-823
A RESOLUTION APPROVING A GRANT TO CATHOLIC COMMUNITY
SERVICES, INC., LITTLE HAVANA OUTREACH OFFICE, IN AN AMOUNT OF
$5,000.00, FOR PARTIAL PAYMENT OF ITS RENTAL FOR SPACE AT THE
MANUEL ARTIME COMMUNITY CENTER LOCATED AT 970 SOUTHWEST 1ST
STREET, MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT NO. 921002-930; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE.
90 November 17, 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 going to vote yes, but, you know, I'm still concerned about the six
hundred thousand in subsidy for that facility.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Next item, 17.
Ms. del Torro: Thank you very much.
Mayor Clark: Yes, ma'am.
----------------------------------------------------------------------------------------------------------
17. GRANT REQUEST BY COCONUT GROVE CHAMBER OF COMMERCE
AND EAGLE BRANDS, INC. FOR WAIVER OF FESTIVAL ORDINANCE
10764 TO ALLOW AN ADDITIONAL EVENT IN CONNECTION WITH THE
SUPER BOWL IN COCONUT GROVE SPECIAL EVENTS DISTRICT
DURING JANUARY 1995.
Mayor Clark: All right. Two festivals for a month in Coconut Grove, and two in consecutive
weeks. J.L., this is your bailiwick.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding, we received a letter from the... Correct me if I'm
wrong. We received a letter from the Festival Committee to their agreement with that, so I'm
ready to make a motion to move it.
Commissioner Plummer: Mr. Mayor, the Festival Committee did, in fact, vote in favor of this.
The Coconut Grove Chamber voted in favor of this. And we don't want to set a precedent, but
it's during the Superbowl time, and it's part and parcel thereof, and so, Willy, if you moved it,
I'll second the motion.
91 November 17, 1994
i
Commissioner Gort: Also, my understanding is there will be no street closing.
Commissioner Plummer: That is correct.
Commissioner Gort: OK.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-824
A RESOLUTION RELATED TO THE COCONUT GROVE BUD BOWL
CELEBRATION ("CELEBRATION") TO BE PRESENTED BY EAGLE BRANDS,
INC. AND THE COCONUT GROVE CHAMBER OF COMMERCE ON JANUARY
28, 1995; WAIVING THE REQUIREMENTS CONTAINED IN SECTION 54-
171(B)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH LIMITS THE NUMBER OF MONTHLY EVENTS THAT MAY BE HELD IN
THE COCONUT GROVE SPECIAL EVENTS DISTRICT ("DISTRICT"), THEREBY
PERMITTING THE CELEBRATION TO BE HELD IN THE DISTRICT ON
JANUARY 28, 1995; SAID AUTHORIZATIONS SUBJECT TO THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING ALL NECESSARY
PERMITS AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Now, this is for a one -month period?
Commissioner Gort: One... No. One... one..
Commissioner Plummer: No. One event.
Unidentified Speaker: January '95.
Commissioner De Yurre: Just one event during January. We're adding a third event to the
month of January.
92 November 17, 1994
Commissioner Plummer: Yes, correct.
Vice Mayor Dawkins: Only one event.
Commissioner Plummer: Correct, correct.
----------------------------------------------------------------------------------------------------------------
18. DISCUSS AND DEFER REQUEST BY NEW WASHINGTON HEIGHTS
COMMUNITY DEVELOPMENT CONFERENCE, INC. CONCERNING
PROPOSED APPLICATION TO THE U.S. GOVERNMENT FOR A SECTION
108 LOAN ($15,000,000) IN CONNECTION WITH CONSTRUCTION OF A
HOTEL IN THE AREA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 18. What do we need on 18?
Commissioner De Yurre? Mr. Mayor...
Vice Mayor Dawkins: Mr. Mayor, I request permission to hear 30 after 18, because we have
some people on 30 who need to leave right after we hear 18. Item 30.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes.
Commissioner De Yurre: On number 18, as you're well aware, I've been working with the
Administration in the... looking into the possibility of building a hotel in the Overtown area.
We've gotten economic reports from Arthur Andersen, et cetera. I just spoke with Mr. Knox,
and Father Barry, and we're in agreement that I'm going to work with them to see what they're
proposing, and see how we can make it happen, because we're looking at two projects in the
same area, so at this time... And Mr. Knox can express himself quite well now, but I'm going to
be looking to defer this item, so we can start working on it, and then bringing it back at a future
date.
Vice Mayor Dawkins: Well, if you're going to defer it, let's defer it and bring it back when
you're ready to present it.
Commissioner De Yurre: Well, I'm going to do that, but I'm sure he has something to say, so.
Vice Mayor Dawkins: Well, I don't want to listen to him twice.
Mayor Clark: Come on, George.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: I would like to ask a question, and maybe we can expedite some of this. Is
this the same project that was in front of the Miami Parking System about...
Mr. George Knox: Yes, sir, it is.
93 November 17, 1994
Commissioner Gort: ... five years ago?
Mr. Knox: Yes, sir.
Commissioner Gort: And the only reason, that we were not able to get the investors at that time.
At this time, you're telling us we have the investors?
Mr. Knox: Yes, sir.
Commissioner Gort: And, Commissioner, what you're saying is that there's another site to be
looked at, or could this be...
Commissioner De Yurre: No. In fact, I think it's pretty much the same site, but we have been
doing our own studies, and it's something that I've been working on for a number of months, so
it's something that I would like to see it happen. I'm sure this Commission wants to see it
happen.
Commissioner Plummer: Sure.
Commissioner De Yurre: And I want to work with them so we can bring something in unison
before this Commission.
Commissioner Gort: So what do we need today?
Mayor Clark: Are you going to have a doughnut shop there, too?
Unidentified Speaker: Yes, sir.
Mayor Clark: All right.
Commissioner Gort: What do we need today?
Commissioner Plummer: What... which item?
Mayor Clark: George.
Vice Mayor Dawkins: Wait a minute, wait a minute, wait a minute.
Mayor Clark: What do you need?
Vice Mayor Dawkins: I've been here since 1981. Since 1981, this issue has come before this
Commission. OK?
Commissioner Plummer: Which item are we on?
Vice Mayor Dawkins: Now, I'm told that we're here to move forward on it, but I'm told that...
move forward, but we got to wait till we do another study, or come up with something else.
Commissioner De Yurre: No. A study has been done already.
Vice Mayor Dawkins: I'd like for today that a time certain to begin construction and break the
first ground be included in whatever we say or do, because 1995 does not need to come around
the corner, and we're still kicking this around.
94 November 17, 1994
Commissioner Plummer: Is this on the hotel?
Commissioner De Yurre: Yeah.
Vice Mayor Dawkins: Yes, it is, sir.
Commissioner Plummer: Let me ask a couple of questions. I read with interest that the New
Washington Height is fifty-one percent owner.
Mr. Knox: Yes, sir.
Commissioner Plummer: That's correct?
Mr. Knox: Yes, sir.
Commissioner Plummer: Now, what assurance does this Commission have, showing all of the
monies that will be generated, depending on which year you wish to choose? Will this
Commission have the right to approve New Washington Heights' budget?
Mr. Knox: Yes, sir.
Ms. Jackie Bell: (Inaudible comments off the record).
Commissioner Plummer: It's in there that we reserve the right to approve and veto any of the
budget that's there; is that correct?
Mr. Knox: Yes, sir.
Commissioner Plummer: What about a reverter clause? What happens?
Vice Mayor Dawkins: I don't understand. I don't understand the question.
Commissioner Plummer: Which question? The first...
Vice Mayor Dawkins: Your question.
Commissioner Plummer: The first one?
Mr. Knox: I just...
Vice Mayor Dawkins: No, no. I didn't ask you.
Commissioner Plummer: He's off the hotdogs, Miller.
Commissioner De Yurre: J.L., the reason why I'm deferring this is so that all these issues can...
Commissioner Plummer: Oh, you're deferring it?
Commissioner De Yurre: Yes, I am.
Commissioner Plummer: Oh. I'm sorry. I'm sorry. If I had known that, I wouldn't have asked.
I thought you were approving it.
95 November 17, 1994
Commissioner De Yurre: No, no.
Commissioner Plummer: I can ask my questions later.
Commissioner De Yurre: I'm deferring it so that I can work with them, and then bring it back.
Commissioner Plummer: I'm sorry.
Mayor Clark: All right.
Commissioner Plummer: I went to the restroom, and when I came back, I thought the motion
was to approve.
Commissioner De Yurre: Well, you must have left something there.
Commissioner Plummer: I hope I did.
Mayor Clark: George, do you have anything to say, shortly?
Mr. Knox: Yes, sir. My name is George Knox. I'm an attorney with offices at 2601 South
Bayshore Drive, and I'm counsel of record for the New Washington Heights Community
Development Conference, and the partnership that it seeks to create. Mr. Mayor and members of
the Commission, we would like to just impress a couple of things upon you. We are completely
aware of the work that Commissioner De Yurre has done, and we are aware that there is a need
to harmonize the results of the Arthur Andersen study, with the feasibility that was done on
behalf of the developers, and that's a fair request. I'm prepared at this time to represent on the
record that this is a viable project, and that there is a commitment of more than one million
dollars by the developers in cash to the development. I wanted to make very clear. I also
wanted to, for the record, remind the Commission that there are development rights which have
been conferred upon New Washington Heights for the purpose of constructing this mixed -use
project, subject to the approval. New Washington Heights is a community development
corporation, and it is, of course, subject to funding by the City of Miami, and all of its books and
records must be exposed to, if you will, and approved. Finally, this... The reason that we were
before you was to ask that you adopt a resolution which would authorize your staff to compile
the necessary information to submit an application to the United States Government for a Section
108 loan in the amount of fifteen million dollars. And that's the reason that we're here before
you today, and the only thing that we want to speak to is the fact that interest rates are climbing
very, very rapidly, and the cost of development will go up unless we move promptly. And if you
have that in mind, then we certainly would like the leadership and input from those persons who
have an interest in the development of that project.
Mayor Clark: All right. Mr. L. Anthony Dawkins.
Commissioner Plummer: Can I ask a...
Mayor Clark: Wait a minute.
Commissioner Plummer: All right.
Mayor Clark: Mr. L. Anthony Dawkins.
Vice Mayor Dawkins: Let the records reflect that although George Knox only called Victor De
Yurre's name, over the years, all of us up here have worked to see that this project comes into
fruition. OK? So, now, when I run, when J.L. Plummer runs, when Willy Gort runs, and when
96 November 17, 1994
the Mayor runs, let it reflect in that community that this hotel is the result of this Commission,
not of Victor De Yurre. OK? I want you to remember that.
Mr. Knox: Yes, sir. And thank you very much for reminding me.
Mayor Clark: Who are you looking at? Father Barry?
Father Richard Barry: I don't forget anything.
Mayor Clark: I know you don't, Father.
Commissioner Plummer: Well, let me inquire of the Administration, if I may. If we approve the
grant to proceed with the loan, does this Commission still retain full control, up until the time, if
granted, that we convey it?
Mr. Cesar Odio (City Manager): I need to ask... I haven't seen anything on this project, at all,
so I cannot recommend... Unless I see something, I don't know what you're talking about.
Commissioner Plummer: That's... You ought to talk about the Summit. Same thing. Go ahead.
Mr. Odio: Well, now you know how I feel.
Commissioner Plummer: Yeah, yeah, I know how you feel, very definitely, yeah.
Vice Mayor Dawkins: So what you're saying, Mr. Manager, is that we should refer to you, and
you study it and get back to us? That's what you're saying?
Mr. Odio: I think we need to review this project carefully. We're talking about fifteen million
dollars that... what I just heard here that we are going to have to guarantee. And we are going to
have to guarantee.
Commissioner Plummer: Oh, yes, a certain amount.
Mr. Odio: I was just told that we have... the City has to guarantee fifteen million dollars, and I
haven't seen a single piece of paper. So...
Mayor Clark: Is that right, George?
Commissioner Plummer: Well, they put forth two plans of financing, and that was one of them.
Mr. Knox: Right. I mean, and ordinarily, when there's a Section 108 loan, they look to the local
CDBG (Community Development Block Grant) funding to operate as a guarantee for that loan.
Mr. Odio: So I think we should... the staff should meet with them, review who are the
applicants, who is involved, the whole thing, and then...
Commissioner De Yurre: Yeah. Mr. Mayor, I move to defer this so that I can work in
conjunction with the staff and the group to see how we can make this come to fruition.
Mayor Clark: Quick. Quick.
Commissioner Plummer: OK, if I may. Mr. De Yurre, if you're going to work with them, the
two areas that I have of most concern is, in fact - because this resolution does not stipulate that
which I asked, whoever handed it to me - that the City of Miami, at all times, will have approval
97 November 17, 1994
over their budget, and the right of veto over their budget; and second of all, a reverter. If this
thing were to go belly up, what would happen?
Mr. Odio: We don't want a hotel.
Commissioner Plummer: Well, we don't want a hotel, but we need to know and clarify if it did.
That's what I'm saying.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Those are the two areas of my concern.
Mayor Clark: All right.
Commissioner De Yurre: Move to defer.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Move to defer. Is there a second?
Commissioner Gort: Before I second, I'd like to, in the future, some of this information be given
to myself, in order that I can take a decision on this. I didn't receive any of the information on
this. I'm aware of this because we dealt with it in the Off -Street Parking for the last five years,
but I'd like to have some information, George, please.
Mr. Knox: All right. Yes, sir. I just want to make one... just say one thing. The proposed
resolution does not contain a date upon which this application will be made. And what we were
doing was just asking to once again further the process. And your point is extremely well taken.
Commissioner Plummer: Well, can I offer a suggestion, Mr. Mayor?
Vice Mayor Dawkins: Defer it till we get... or move it forward.
Commissioner Plummer: No, to defer it, but can we ask the Administration to proceed with
putting the application together so that at the time when we discuss this at the next meeting, we
will be prepared, if, in fact, we approve, to approve it right then and there, without having further
delay. So that's what I would talk about, if that's... to the amendment, not to do anything other
than to proceed to prepare. That's what I would hope.
Vice Mayor Dawkins: Call the roll already?
Commissioner Plummer: OK?
Vice Mayor Dawkins: Has the roll been called?
Mayor Clark: Roll call.
98 November 17, 1994
11)
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 94-825
A MOTION TO DEFER CONSIDERATION OF A PROPOSED RESOLUTION
REQUEST BY NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT
CONFERENCE, INC. TO AUTHORIZE THE ADMINISTRATION TO COMPILE
NECESSARY INFORMATION TO SUBMIT AN APPLICATION TO THE UNITED
STATES GOVERNMENT FOR A SECTION 108 LOAN IN THE AMOUNT OF
$15,000,000, IN ORDER THAT COMMISSIONER DE YURRE CAN WORK WITH
THE ADMINISTRATION AND SAID GROUP TO SEE HOW THIS PROJECT CAN
COME TO FRUITION; FURTHER DIRECTING THE ADMINISTRATION TO
PROCEED TO PREPARE THE APPLICATION, IN THE EVENT THE
COMMISSION DECIDES TO APPROVE THE LOAN APPLICATION.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: With that as a friendly amendment, I vote yes.
Mr. Knox: Thank you very much.
Mayor Clark: Father, don't forget us Sunday. I remember how you hit me last time.
Commissioner Plummer: Father, don't forget Mayor Clark on Friday, Saturday, Sunday,
Monday, and Tuesday, and Wednesday.
Vice Mayor Dawkins: Go ahead. Come on, man, so we can get out of here. Come on, so you
can get out of here.
99 November 17, 1994
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19. FIRST READING ORDINANCE: AMEND CODE -- CREATE OVERTOWN
ADVISORY BOARD -- SET FORTH PROCEDURES FOR ELECTING
MEMBERS -- PROVIDE FOR TERMS OF OFFICE / VACANCIES /
REMOVAL OF MEMBERS -- PROVIDE FOR STAFF SUPPORT /
REIMBURSEMENT OF BOARD EXPENSES; ETC. -- RESCIND
RESOLUTIONS 82-645 AND 85-399.
Vice Mayor Dawkins: Mr. Mayor, may I move 30 now, please?
Commissioner Plummer: What item?
Vice Mayor Dawkins: Thirty.
Commissioner Plummer: Three -zero. What is 30?
A. Quinn Jones, III, Esq. (City Attorney): Overtown Advisory Board.
1 Mr. Cesar Odio (City Manager): Amending the Code of the City to... creating and establishing
the Overtown Advisory Board.
Commissioner Plummer: Who's going to... Who's on the board? This is to reappoint?
Mr. Jones: No. This is to establish.
Mr. Odio: No. It's setting forth the procedures for electing...
Mayor Clark: Yeah. Very important procedure. Let's...
Commissioner Plummer: Wait, wait, wait. We have an Overtown Advisory Board.
Mr. Jones: No, no, no. That was rescinded.
Mayor Clark: Moved and seconded. Read the ordinance.
Vice Mayor Dawkins: Yeah, read the ordinance.
Commissioner Plummer: Read the ordinance.
Mayor Clark: Moved by Mr. L. Anthony Dawkins, seconded by Mr. Gort. Call the roll, Madam
Clerk.
100 November 17, 1994
-°1'\
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED THEREBY, INTER ALIA: (1) CREATING AND
ESTABLISHING THE OVERTOWN ADVISORY BOARD ("BOARD"); (2)
SETTING FORTH PROCEDURES FOR ELECTING MEMBERS TO THE BOARD;
(3) PROVIDING FOR TERMS OF OFFICE, VACANCIES, AND REMOVAL OF
MEMBERS; (4) PROVIDING FOR STAFF SUPPORT AND REIMBURSEMENT
OF BOARD EXPENSES; (5) REQUIRING FINANCIAL DISCLOSURE (6)
ESTABLISHING THE BOARD'S POWERS, DUTIES AND AUTHORITY; (7)
SETTING FORTH BOARD PROCEEDINGS; AND (8) RESCINDING, IN THEIR
ENTIRETY, RESOLUTION NO. 82-645 AND RESOLUTION NO. 85-399;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR INCLUSION
IN THE CITY CODE.
was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
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.
Mr. Donald Benjamin: Mr. Mayor, thank you very much, gentlemen.
Vice Mayor Dawkins: Nineteen.
Commissioner Plummer: Excuse me.
Mayor Clark: Now, hold up on 19. Just a minute.
Vice Mayor Dawkins: Hold up on 19? All right, sir.
Commissioner Plummer: May I inquire, Mr. Mayor?
Mr. Jones: This is just first reading.
Commissioner Plummer: First reading. And will we each be appointing a member to that
board? What is the procedure?
Mayor Clark: Yes, sir.
Mr. Jones: The board will be elected from within the community, the Overtown community.
Commissioner Plummer: All right. And the City will hold the election?
101 November 17, 1994
Mr. Jones: Yes.
Commissioner Plummer: OK. And certify it to us before it's approved.
Mr. Jones: Yes.
Mayor Clark: OK. All right.
Commissioner Plummer: That's fine. Thank you.
•---------------------------------------------------------------------------------------------------------------
20. DISCUSSION CONCERNING OCCUPANCY BY TRAVEL TRAILER FOR
AN INDEFINITE TIME AT 3370 THOMAS AVENUE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. On item 19, who is the... this is Barbara?
Mr. Cesar Odio (City Manager): Mrs. Barbara Boney. We allowed her... Mrs. Boney. Go
ahead. We allowed her to place a trailer after Hurricane Andrew.
Mayor Clark: Yeah.
Mr. Odio: She since... Now, she is requesting that we allow that trailer to stay there on a
permanent...
Mayor Clark: Give her six months.
Mr. Odio: ... on a permanent basis.
Mayor Clark: Move six months.
Ms. Barbara Boney: No.
I
Mayor Clark: Please, ma'am.
Ms. Boney: I'm sorry.
Mayor Clark: Move six months and review it at that time. Can't throw her out today.
Commissioner Plummer: Are there people living in it?
Mr. Sergio Rodriguez (Assistant City Manager): She has until February 25th of... February '95
to stay there. This is the last legal extension that we could give her. We gave it to her in
December of last year, and then we renewed it in June of last year.
Mayor Clark: Why can't we give her another six months?
Mr. Rodriguez: The problem is that this is a single-family area, and she has another person,
another family living in the main house, and they have not pulled any permits to fix the house
j since ' 92.
102 November 17, 1994
Mayor Clark: Well, give her six months to do it, and that's it. If you don't...
Commissioner Plummer: Well, she's had... She's had how long now?
Mr. Rodriguez: Two years. Two years.
Ms. Boney: I'm not going to have a chance to say anything?
Mayor Clark: Well, she never had that position before, that she's going to have to do it or move
it out in six months.
Vice Mayor Dawkins: I move the Mayor's suggestion.
Commissioner Plummer: Well, excuse me. What they're saying is we can't do it legally.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Do it legally. There's no legal basis.
Mayor Clark: Why can't you do it legally?
Mr. Jones: There's no legal basis for it. It's... it's... As Mr. Rodriguez has told you...
Mayor Clark: If it's our position to do it...
Vice Mayor Dawkins: All right. Tell her to go home and live illegally, and come back in six
months.
Mayor Clark: Legally, hell, that's crazy.
Commissioner Plummer: Wait a minute. Ma'am, are you renting the main house?
Ms. Boney: I would... I just want to ask a question, if I may.
Commissioner Plummer: Well may I ask a question and get an answer first?
Ms. Boney: Sure, yes.
Commissioner Plummer: Are you renting the main house?
Ms. Boney: No. The house that was damaged by the hurricane?
Mayor Clark: Yes.
Commissioner Plummer: There is no rental fee coming in from that?
Ms. Boney: No.
Commissioner Plummer: Are there people living in it?
Ms. Boney: No.
Commissioner Plummer: Wait, wait a minute, now.
Mayor Clark: Where are you getting your information?
103 November 17, 1994
Ms. Boney: I need to ask a. question.
Mr. Rodriguez: We were advised that her...
Mayor Clark: Let the lady talk for a minute, sir.
Ms. Boney: May I please ask a question?
Mayor Clark: Yes.
Ms. Boney: I need to ask, am I going to be allowed to say anything?
Mayor Clark: Sure, you are. You can talk right now.
Ms. Boney: All right. For the true record, Mr. Mayor, Mr. Odio, and to the Commission, first
and foremost, I want to thank you for having given me this privilege in the first place. I do have
to state this statement that I wrote for the true record, so that you can understand what's going
on. My name is Barbara Boney. I live at 3370 Thomas Avenue, in a FEMA (Federal
Emergency Management Agency) trailer, travel trailer. However, I have not been able to
comply with our rules and regulations, I... as personal rep. for the family property to rebuild, and
should I am forced to move, then one critical point, I would lose my homestead exemption,
which I fought so hard for, due to a fraudulent deed placed on this property by a non -heir or
owner, allowed through Dade County Government, some officials, the powers that be. This is
how this came into being. This is how it all happened. Therefore, I am here today... I am here
today to ask for an indefinite extension for a permit in order that I can proceed with the legal
ramifications that it will take, due to this horrific mess that this has caused. FEMA is scheduled
to move out February 1995. My permit lasts until then. But if I can get a further extension, I
will have the first base coverage, and maybe, or I hope I can purchase the trailer for a dollar or
maybe a little more so that I will at least have a place of abode, somewhere over my head to
live, and to pursue this matter, to get the redress I seek in said cause. Extenuating and
excruciating circumstances that have plagued my livelihood and living conditions for the last
several years has made it impossible for me to expedite the matter. Remember, I am caught
between a rock and a hard place. It is undetermined how to legislate morality. Only God can.
But without morality, there would be no legality. This is of no fault of my own. It is not that I
just sat idly by and didn't try to do anything. If the City of Miami, Dade County Government,
State of Florida, have allowed this to happen to me, and I cannot get any redress, then I think my
constitutional rights are being violated. I do not know why I have to continue to live in fear of
being sabotaged and being denied a place to live.
Mayor Clark: All right.
Ms. Boney: The greatness of this nation can only be measured by how it treats its least ones, the
indigent, the downtrodden and the poor. I think America, City of Miami, and Dade County
Government can do much, much better. I am here today to ask for your consideration. It may
take a little more than six months, but it is not my fault, and I have done all that I know to do,
and right now, I have contacted, put something back about the system illegally. I am not able,
with funds, to have this woman, or whoever put the false deed on the property, quiet the title.
That's what the problem is. It is beyond me and over my head. And I think men of your
standing and intelligence know how... human decency. I just know you're going to do the right
thing for me.
Mayor Clark: All right.
104 November 17, 1994
Vice Mayor Dawkins: Mr. Manager, Mr. Mayor.
Mayor Clark: Yes.
Ms. Boney: Thank you.
Vice Mayor Dawkins: Mr. Manager, through you, to Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Vice Mayor Dawkins: Legally, like she says, we are upstanding, law-abiding citizens. OK?
And she say, "and very intelligent." Now that... she said that. OK? What, legally - not
emotionally - what, legally, can we do?
Mr. Rodriguez: I don't think you can do anything at this point, sir. I think that we extended,
legally, the last extension. That was for one year, again...
Vice Mayor Dawkins: Now, wait, now. Stop right there. Explain that. You extended the
permit for one year, which was legal.
Mr. Rodriguez: Right.
Vice Mayor Dawkins: Now, and when you extended it, legality says you cannot extend it a
second time.
Mr. Rodriguez: I cannot extend it anymore, no, sir.
Vice Mayor Dawkins: No, don't say you. Say the City. Because, see, I don't want her to sue
you.
Mr. Rodriguez: No, I say...
Mayor Clark: If we tell you to write it, you can write it, right?
Mr. Rodriguez: Pardon?
Mayor Clark: If we tell you to do something, you can do it, can't you?
Mr. Rodriguez: No.
Mayor Clark: Somebody will do it. Somebody will do it.
Commissioner De Yurre: Mr. Mayor.
Mr. Rodriguez: What I'm saying, sir...
Mayor Clark: I don't understand this. You can't do... Here's a lady that's got real hardship.
You understood her case, did you hear it?
Mr. Rodriguez: Oh, yeah.
Mayor Clark: The deed is mixed up, and she can't go out and get... borrow money to fix the
house because the deed is not... Well, it's an illegal deed, right?
105 November 17, 1994
Ms. Boney: No. The problem is the Judge had stated that he ... (inaudible, off record).
Mayor Clark. It's a fraudulent deed,
Mr. Jones: Well, what you need to do, then, is amend the Zoning Code. You can't direct the
Manager to do something that's illegal.
Commissioner Plummer: That's exactly correct.
Mayor Clark: Man, I tell you.
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: I never saw anything like it.
Commissioner De Yurre: She is seeking here an extension of the building permit; is that
correct?
Mr. Rodriguez: No. She has never pulled a building permit for the remodelling of the house.
She never started that, since December of '92. When she came to us the first time, she got a
permit to put the trailer inside. That permit was not renewed when it expired in June of '93. So
at this point, what we have is a one year extension that is... will finish in February of '95. The
only thing that I can think of is...
Commissioner De Yurre: And what is that... What is that permit for, the one that exists right
now?
Mr. Rodriguez: The permit that she has is as this one for the trailer to be there, and for... to stay
there for one year.
Mayor Clark: Who is this gentleman beside you?
Commissioner De Yurre: Now, that one was not renewed, you were saying, or is that the one
that exists?
Mr. Rodriguez: No.
Commissioner De Yurre: That was not renewed?
Mr. Rodriguez: It was not renewed.
Commissioner De Yurre: Does she apply for a new one?
Mr. Rodriguez: She doesn't have... applied for any permit to fix the house, to start with, so the
house is not, at this point, fixed. Our understanding is that we have people living in the house,
which is part of the legal problem that she's having, which is, I believe, her brother-in-law, but
I'm not sure about this. So we have two families on the same site, on a single-family area.
Commissioner De Yurre: OK. Now, but she has said that there is nobody else living there,
correct?
Ms. Boney: That is correct.
106 November 17, 1994
Commissioner De Yurre: There's nobody. But if somebody were to be found living there, then
we're talking about a different situation. But, now, she has said that there's nobody living there.
What evidence do you have that there are people living there?
Mayor Clark: Did you see it? Who saw it? I don't know.
Mr. Rodriguez: They don't know.
Commissioner De Yurre: OK. Who has seen them?
Mr. Rodriguez: Well...
Mayor Clark: Where did you get your information?
Mr. Rodriguez: The information came from my staff, that they had... the brother-in-law living
there.
Mayor Clark: Is this your staff here?
Commissioner De Yurre: OK. Let's go.
Mr. Santiago Jorge Ventura: My name is Santiago Jorge Ventura. I'm a Building official. I'm
Deputy Director of the department. What you are dealing is one thing. You have a situation that
was a pulled permit for the installation of the trailer, not for building permit. She applied for
class one permit, because it's... because she want to install there the home trailer. But as soon as
you pull the permit for class one permit, you need to have a building permit to install the trailer.
After that one, she has to pull the permit to do the remodelation to repair the house. She doesn't
own the house. She cannot pull the permit. We have a situation that was attended for three
years, that situation. She's using a living quarter and it's illegal. If you approve this, then you
have to do in all the City. And our recommendation is don't extend at the...
Commissioner De Yurre: OK. Now, is it legal if there's nobody living in the house, and she
lives in the trailer?
Commissioner Plummer: No.
Mr. Ventura: It is our understanding that her brother lives in the house.
Commissioner De Yurre: No. Listen. Listen to the question. OK? Is it legal for her to live in
the trailer, and nobody live in the property in the house?
Mr. Rodriguez: It was legal before, if it was only one family.
Commissioner Plummer: No. Not beyond the time.
Mr. Rodriguez: Now, the time extension will expire in February of '95, and that will not be
legal anymore.
Mayor Clark: Let me ask you this question. It was legal then to do it. How do you get around
the legality of extending the thing now? You extended it one time.
Mr. Rodriguez: Yeah. You can... The ordinance...
Mayor Clark: Does it say that in the ordinance?
107 November 17, 1994
Commissioner Plummer: Yeah.
Mr. Rodriguez: The ordinance says that specifically, yes, sir. In case of emergency for housing,
you can extend... You can allow a trailer to be placed in a single-family area, and then you can
extend it for one year for extenuating circumstances relating to housing needs, and we did it.
Excuse me one second. As to your question whether we have anybody saying that there was a
person living in the house, Ms. Thelma Edwards, which is the NET (Neighborhood
Enhancement Team) Administrator, can address that issue.
Mayor Clark: Well, I tried to.
Ms. Thelma Edwards: The only thing I can say is that from my understanding from her, that her
brother-in-law...
Commissioner Plummer: Thelma, put your name on the record.
Ms. Edwards: Thelma Edwards, NET Administrator. ... was that the brother-in-law did live in...
Ms. Boney: Brother.
Ms. Edwards: Brother?
Ms. Boney: Yeah.
Ms. Edwards: ... lived at that time in the house. Now, whether he still resides there or not, I
don't know. She's saying that he doesn't.
Commissioner Plummer: Well, it's immaterial from what we're being told. Legally, we're
talking here in circles of something we can't even grant, if we want. So, I mean, what are we
talking about?
Commissioner De Yurre: Now, what we're seeking here is time for her to resolve her legal
problem...
Ms. Edwards: Her problem.
Commissioner De Yurre: ... if I understand this correctly.
Commissioner Plummer: It's not the point. The point is, we don't have that authority.
Commissioner De Yurre: What you're seeking is time so you can resolve your legal problem.
Ms. Boney: Yes, sir. Yes, sir.
Commissioner De Yurre: Let's say that it's illegal, what she's doing. How long would it take to
clear this problem and go through the process of court or whatever you would do?
Commissioner Plummer: Excuse me. She's got till February.
Mr. Rodriguez: I think it's indefinite at this point.
Commissioner De Yurre: Huh?
108 November 17, 1994
Mr. Rodriguez: She has to clear this in court herself, legally.
Commissioner De Yurre: No. I'm talking about you, the City. How long does it take to deal
with this matter?
Mr. Rodriguez: Code Enforcement, you mean?
Commissioner De Yurre: Yes.
Mr. Rodriguez: Well, let me see if I understand you. You want to amend the ordinance to allow
her to continue?
Commissioner De Yurre: No, I'm not talking about amending.
Mr. Rodriguez: No.
Commissioner De Yurre: I'm saying, let's say, right now, what's the next step, if she's illegal?
Mr. Rodriguez: The next step will be that the NET Administrator will go to the area, send an
inspector after the time lapse in February, and she will be given so many days to go before the
Code Enforcement Board. The Code Enforcement Board will give her maybe two or three
months to correct the problem. So we're talking already so many months from February.
Maybe we're talking about May, June, for her to correct the problem.
Commissioner De Yurre: OK. So once the inspector goes there, that triggers the whole process.
Mr. Rodriguez: Right.
Commissioner De Yurre: So then you have three months for this, you got a week for this, you
got two weeks for that.
Mr. Rodriguez: Right.
Commissioner De Yurre: So then, you, as an intelligent man, understand the key importance of
when that inspector goes out there.
Mr. Rodriguez: Yeah. And I can...
Commissioner De Yurre: Right?
Mr. Rodriguez: Right.
Commissioner De Yurre: OK. So do we need to say anything else at this point in time?
Mr. Rodriguez: I will pass that information to the NET office.
Commissioner De Yurre: Thank you very much.
Mayor Clark: What do you want to do?
Commissioner Plummer: Well, let me tell you something, just for the record. OK? I think I
know what you're doing, that I don't want to know what you're doing. But I want to tell you
that at any time, if one of your inspectors finds someone living in that other structure, amen,
adios, bye-bye. You can pass that message on, also.
109 November 17, 1994
Mayor Clark: That's what he says at all funerals.
Commissioner Plummer: That's right.
Commissioner De Yurre: OK.
Commissioner Plummer: And that's final.
Mayor Clark: They're not coming back.
Ms. Esther Mae Armbrister: I would like to add just one thing. There is a legal service
somewhere here in Miami that would... Of course, the lawyers that they use all the time are not
up to par.
Commissioner Plummer: Oh, yeah.
Ms. Armbrister: But after all this legality has been settled, I would suggest that she goes to Mr.
Hepburn or either Mr. Bailey, and get one of the grants that you have of fifteen thousand dollars
to renovate the house and give her time to get settled.
Commissioner Plummer: Fine. She can apply.
Ms. Boney: Could I say something?
Ms. Armbrister: Sure, you can apply.
Ms. Boney: Could I say something?
Ms. Armbrister: Yeah.
Mayor Clark: Where is Bailey?
Ms. Boney: If I'm allowed to just say something else. People, good people, I would not be here
today. I have done almost everything I know to do.
Mayor Clark: We appreciate it. We appreciate. What can you do for her, Mr. Bailey?
Mr. Herb Bailey (Assistant City Manager): On a single-family rehab, we can give her a grant.
Commissioner Plummer: Well, I think there's a problem there, according to what I'm told.
Mr. Bailey: But she has to apply.
Commissioner Plummer: She's not the owner of the property.
Mr. Bailey: She's not owner?
Ms. Boney: That's... I've made that clear.
Commissioner Plummer: Yeah. Who's the owner of the property?
Mr. Bailey: Well, how did she get the permit?
110 November 17, 1994
Ms. Boney: My dead sister. And that's... who the woman put the fraudulent deed on the
property. I had an attorney at the time. Dade County Government allowed this to happen.
Mr. Bailey: How did she get a permit?
Commissioner Plummer: Huh?
Mayor Clark: Plummer's dealt with dead people. He can handle those things.
Mr. Bailey: Doesn't have a permit?
Commissioner Plummer: Without a clear title, I don't think you can get a permit.
Mr. Bailey: Oh.
Mayor Clark: Well, check into it, will you, Mr. Bailey?
Mr. Bailey: We'll try to do what we can with her, Mr. Mayor.
Mayor Clark: Can you give her a little while till he checks into it before you lock the door?
Commissioner Plummer: All right.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
21. BRIEF COMMENTS CONCERNING POSSIBLE PROBLEMS RESULTING
FROM CURRENT LAWSUIT AFFECTING MIKE KURYLA'S PROPERTY --
TABLE UNTIL 3:00 P.M. (See label 24)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next case we're trying... Let me see. Come up here a minute, will you, please,
sir? J.L., I want you to listen to this.
Commissioner Plummer: I don't need to listen to it. I know it better than anybody.
Mayor Clark: Go to the microphone and introduce yourself. We've got... Listen, we're not
going to have time to hear this before lunch, but I promise you this. As soon as we come back at
three o'clock...
Mr. Mike Kuryla: All right.
Mayor Clark: ... it will be the first item we hear.
Mr. Kuryla: Thanks, Mr. Mayor.
Mayor Clark: Give us your name for the record again.
j Mr. Kuryla: My name is Mike Kuryla. I live at 2811 Amathla Street, in Coconut Grove. I'll see
you in...
Mayor Clark: Three o'clock.
111 November 17, 1994
Mr. Kuryla: Three o'clock.
Mr. Cesar Odio: This is 20?
Mayor Clark: It's an item that... Sir?
Mr. Odio: This is item... I'm sorry.
A. Quinn Jones, III, Esq. (City Attorney): Maybe we could save some time.
Mr. Sergio Rodriguez (Assistant City Manager): I think I might be able to address the problem
very fast.
Mayor Clark: Yes, what is it?
Mr. Odio: Very quickly.
Mr. Rodriguez: I think Mr. Kuryla is concerned about the fact that we have a Zoning ordinance
amendment that might affect his property. The property that he owns now is not affected by this,
because he's already in the process of subdivision. And we have asked, in the action that was
taken by the Planning Board last night, the zoning that will affect it will not be part of the... His
property will not be part of the area governed by the zoning.
Mayor Clark: Do you hear that? Did you hear that?
Commissioner Plummer: Well, wait, wait, wait now.
Mr. Rodriguez: In addition to that, the Commission will be acting on this in January, not in
December. I understand that he is in the process of subdividing his land into two lots.
Commissioner Plummer: Yeah, but wait. No, no, no. Let's come back at three o'clock. This
also... What about the pending lawsuit against that, against the City, for doing for him what we
did? That could affect him tremendously.
Mr. Kuryla: That's correct.
Commissioner Plummer: Let's hear this thing out at three o'clock. There's not a simple answer.
Mayor Clark: All right. I didn't think there was, what we had here the other day.
Mr. Kuryla: Thank you, Mayor.
Mayor Clark: Yes, sir. All right. We're at recess until three o'clock.
[AT THIS POINT, THIS ITEM WAS TABLED. SEE LABEL 24]
112 November 17, 1994
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22. GRANT REQUEST BY SUNSTREET FESTIVAL COMMITTEE, INC. FOR
WAIVER OF ALL CITY FEES ALLOWED BY CODE IN CONNECTION
WITH ITS FESTIVAL AND PARADE (DECEMBER 3, 1994). (See label 26)
Mr. Cesar Odio (City Manager): Mr. Mayor.
Mayor Clark: What?
Mr. Odio: No. On item 20, it was just recommending seven hundred and fifty-seven dollars of
waivers of fees.
Commissioner Plummer: Move it.
Mayor Clark: Second. Cast a unanimous ballot.
Commissioner Plummer: There it is.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-826
A RESOLUTION RELATING TO THE SUNSTREET FESTIVAL TO BE
PRESENTED BY THE SUNSTREET FESTIVAL COMMITTEE, INC., ON
DECEMBER 3, 1994, WAIVING ALL WAIVABLE PERMIT FEES, IN AN AMOUNT
NOT TO EXCEED $757.00 FOR SAID EVENT; SAID PERMIT WAIVER BEING
CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL OTHER
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
Commissioner Victor De Yurre
ABSENT: Vice Mayor Miller J. Dawkins
Commissioner Plummer: We'll be back at three o'clock.
Mr. Mandy Llanes: Mr. Mayor.
Mayor Clark: What do you want?
113 November 17, 1994
t
Mr. Llanes: I'm item 20.
Mayor Clark: We just passed.
i
Commissioner Plummer: We just passed it.
Mr. Llanes: Oh, I realize that. If I have a couple of minutes of your time. I know it's lunchtime.
Mayor Clark: Back at three.
Mr. Llanes: OK. My name is Mandy Llanes. I reside at 11862 Southwest 37th Street.
i
Mr. Jones: He closed the meeting.
Commissioner Plummer: He said come back at three o'clock.
Mr. Llanes: No, he said three minutes.
Mayor Clark: If it's going to be a long thing, you come back at three.
Mr. Llanes: OK.
Commissioner Plummer: Take a chance at three o'clock, you could lose your seven hundred and
fifty-seven thousand and...
Mr. Llanes: I'll come back. I thought he said three minutes. I'm sorry. Three o'clock, I'll be
here.
Commissioner Plummer: Three o'clock.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12 NOON AND RECONVENED AT 3:08 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
114 November 17, 1994
----------------------------------------------------------------------------------------------------------------
23. (A) ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR
ISSUANCE OF A 30-DAY PARK PERMIT -- FOR USE OF
PORTIONS OF WATSON ISLAND BY THE NATIONAL MARINE
MANUFACTURERS ASSOCIATION, INC. -- FOR EXHIBIT /
PARKING / CONCESSION SPACE IN CONNECTION WITH THE
1995 MIAMI INTERNATIONAL BOAT SHOW (FEBRUARY 16-22,
1995).
(B) AUTHORIZE MIAMI YACHT CLUB TO ENTER INTO
AGREEMENT WITH NATIONAL MARINE MANUFACTURERS
ASSOCIATION (NMMA) -- FOR USE BY NMMA OF CITY -OWNED
PROPERTY ON WATSON ISLAND FOR STAGING OF MIAMI
INTERNATIONAL SAILBOAT SHOW (FEBRUARY 16-22, 1995) --
SUBJECT TO THE CITY BEING REIMBURSED FOR COST OF
HURRICANE REPAIRS MADE TO MIAMI YACHT CLUB
PREMISES ($35,000).
Commissioner Plummer: ... agenda relating to the boat show on Miami Beach. Commissioner
Dawkins had a problem. I understand that he has asked that that would pass if, in fact, that he
retained the right to alter 18, if, in fact, it needed to be. Being that as an acceptable premise, I
will move item CA-17 and 18, with the proviso on 18. Commissioner Dawkins, am I correct?
Vice Mayor Dawkins: No. The proviso is on 17 and 18.
Commissioner Plummer: That will be fine, sir.
Vice Mayor Dawkins: OK.
Mayor Clark: Second?
Commissioner Plummer: I'll move it under those circumstances.
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: Commissioner Gort, this is 17 and 18 of the consent, to be brought
back up by Commissioner Dawkins.
Mayor Clark: What number, J.L.? What number?
Commissioner Plummer: Seventeen...
Ms. Matty Hirai (City Clerk): On item CA-17 and 18.
Commissioner Plummer: That is correct. And Commissioner Gort, with the per...
Ms. Hirai: I'm asking for his vote.
Commissioner Plummer: That is with the proviso that Commissioner Dawkins has the
opportunity to visit with it and all.
115 November 17, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-827
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS, AS HEREIN SPECIFIED, FOR ISSUANCE OF A PARK PERMIT,
FOR A PERIOD NOT TO EXCEED THIRTY (30) DAYS, FOR USE OF PORTIONS
OF WATSON ISLAND BY THE NATIONAL MARINE MANUFACTURES
ASSOCIATION, INC. ("NMMA"), FOR EXHIBIT, PARKING AND CONCESSION
SPACE IN CONNECTION WITH THE 1995 MIAMI INTERNATIONAL BOAT
SHOW TO BE HELD FEBRUARY 16-22, 1995; AUTHORIZING THE CITY
MANAGER TO DIRECT THE PARKS AND RECREATIONS DEPARTMENT
DIRECTOR TO ISSUE THE NECESSARY PERMIT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE CITY
CHARTER AND CODE PROVISIONS, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 94-827.1
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE MIAMI YACHT
CLUB TO ENTER INTO AN AGREEMENT WITH NATIONAL MARINE
MANUFACTURERS ASSOCIATION (NMMA) FOR USE BY NMMA OF CITY -
OWNED PROPERTY ON WATSON ISLAND PRESENTLY USED AND OCCUPIED
BY THE MIAMI YACHT CLUB UNDER A MONTH -TO -MONTH TENANCY, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF, FOR THE STAGING OF THE MIAMI
INTERNATIONAL SAILBOAT SHOW SCHEDULED FOR FEBRUARY 16-22, 1995,
CONDITIONED UPON RECEIPT BY THE CITY OF MIAMI OF $35,000 FROM
NMMA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
116 November 17, 1994
------------------- ------------------------------------- -------- ------------------------------------------------
24. (Continued discussion) PERSONAL APPEARANCE: MIKE KURYLA
CONCERNING POSSIBLE PROBLEMS RESULTING FROM CURRENT
LAWSUIT WHICH AFFECTS HIS PROPERTY -- DISCUSS POSSIBLE
CONFLICT OF INTEREST OF CURRENT PLANNING ADVISORY BOARD
CHAIRPERSON IN HIS CAPACITY AS COUNSEL SUING THE CITY. (See
label 21)
--------------------------------------- ------------------------------------------------------------------------
Mayor Clark: Please, where's Sergio? Come up a minute, will you? Mr. Rodriguez tells me
that your property has been excluded; is that right? Now, you tell him, Sergio, what you've told
me.
Mr. Sergio Rodriguez: All right. I tried to explain to Mr. Kuryla that the property that he
presently owns, that is part of the subject litigation, was excluded from the boundaries of the
twenty thousand minimum square foot size zoning change, and that was approved by the
Planning Advisory Board last night. This will be before you in January, to take an action, based
on the recommendation from the Planning Board. At that point, you can address any issues that
might be of interest to him, but his property was excluded, sir, yeah.
Commissioner Plummer: Well, but excuse me. Again, Mr. Mayor, if I may, his property has
been excluded from the City's aspect of this. There is a lawsuit by Mr. Tucker Gibbs, Chairman
of the Zoning Board, representing clients in which his property is subject for City Commission's
action to be overturned. The contention that he has is that he's not excluded, at this particular
time. If the lawsuit was ended and he prevailed... Excuse me, the City prevailed... Tucker, who
is Chairman of the Zoning Board, is suing the City.
Unidentified Speaker: The Planning Board.
Commissioner Plummer: The Planning Board, OK? Now, all I'm saying is, is the fact that he
still is in somewhat of a hiatus with pending litigation against the City. So to say that he is
excluded means that it's guaranteed that the City is going to prevail in the lawsuit.
Mr. Rodriguez: No.
Commissioner Plummer: Which is not necessarily the case.
Mr. Rodriguez: If I may, on this.
Commissioner Plummer: Sure.
Mr. Rodriguez: Let's assume that Mr. Gibbs prevailed in court and that he will lose... the City
will lose on this issue.
Commissioner Plummer: Yes.
Mr. Rodriguez: The fact that his property is not included in the boundaries of the zoning change
means that he is not affected by the zoning change requiring a minimum size of twenty thousand
square feet. So...
Commissioner Plummer: Well, yes, it is, to this extent, and correct me if I'm wrong. There is
the contention that he doesn't have twenty thousand square feet. That's what it was originally
hear before us for, for the turning radius. So he is under the twenty thousand square feet.
117 November 17, 1994
Mr. Rodriguez: So if he doesn't have twenty thousand square feet, he definitely doesn't qualify
to have a minimum size of twenty thousand, doesn't he?
Commissioner Plummer: OK. Look, you know, all I'm saying is, I think the man has a
legitimate concern that the City is being sued for what he thought he had gained is now a
litigated matter in court, and now this other matter is coming before, with the Chairman of the
Planning Board representing people, which I think is absolutely a conflict, and we're going to
discuss that this afternoon.
Mayor Clark: Absolutely, we are.
Commissioner Plummer: OK? That he's representing clients that are in litigation against the
City. Now, something there doesn't... Two and two isn't making four. But in this particular
case, I don't know what we can do. You know, other than the fact that we can defer the action of
the Zoning Board...
Mr. Rodriguez: Yes. My...
Commissioner Plummer: ... until such time as this litigation is over. I don't know what else you
can do.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Chairman.
Commissioner Plummer: Yes, sir.
Mr. Maxwell: Mr. Mayor, I would suggest to you that the conversations today on whether that
property should be included in the rezoning or not included in the rezoning are improper. This is
not an advertised item before you. It is a zoning issue. It did go to the Planning Board last night.
It will be coming back to you. That would be the proper time to do it, to discuss it. Any
discussions on that matter at this particular time are improper and places us in legal jeopardy.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Maxwell: No, I wouldn't address... I would suggest that you not address that issue at all
until it comes before you in an advertised public hearing.
Commissioner Plummer: OK. At such time it comes before us, can we defer it?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Well, I just want to make sure he's not sideswiped.
Mr. Maxwell: Excuse me?
Mayor Clark: I just want to make sure he's not sideswiped.
Mr. Maxwell: No. He would have an opportunity, as he has in the past. Mr. Kuryla would have
an opportunity to fully apprise this Commission on his position, and the Commission would be
able to act on it at that time.
Commissioner Plummer: Well, I think his concern, you know, if the litigation was against him,
you can fight like a tiger. But when he is an outside party to the litigation and it's against the
City, then he has to stand on the sidelines and go "rah, rah, rah," for the City. Now, you know,
I'm not speaking to the zoning issue, OK? I'm speaking to the litigation.
118 November 17, 1994
Mr. Maxwell: Yes.
Commissioner Plummer: All right? And I can, you know, bleed for the man, that he is fully
very much concerned, not knowing where he is, and yet, here comes another locomotive down
the tracks. And, you know, he's been hit twice by locomotives and survived, but how many
more cats... lives can a cat have?
A. Quinn Jones, III, Esq. (City Attorney): But remember, Commissioner, he's not necessarily an
outside party, because what the Appellate Court will be reviewing is the record that was made
before this Commission, which, of course, included his position and the position of the City, and
that's all that the Appellate Court will be reviewing, the testimony, the evidence that was
presented before this Commission.
Commissioner Plummer: Mr. Jones, I am not saying as to the credibility of the attorney that is
suing the City, but they didn't even name him as a party in that suit. I think they made a very
serious mistake by not doing that, but, you know, not everybody can be a smart lawyer.
Mr. Rick Zelman: Mr. Mayor, may I make a comment?
Mayor Clark: Go ahead. Give us your name.
Mr. Zelman: My name is Rick Zelman. I'm an attorney. I represent Mr. and Mrs. Kuryla. My
address is at 1110 Brickell Avenue, Miami. And the concerns that J.L. raises are, of course, our
concerns. He's absolutely accurate. We are concerned about being blind -sided. It has been a
major concern of ours, and I respectfully disagree with the Planning Department. I think that
Commissioner Plummer is absolutely accurate. There is a downside possibility of a court
someday deciding that the platting process was inappropriate, therefore, void out ab initio. We
don't know what they might do some day. We have no control over it, but somebody may do.
We may have to come back before you. And all Michael Kuryla is trying to do is to ensure that
he has the ability to come back in front of you some day, if he needs to.
Commissioner Plummer: Can I ask...
Mayor Clark: What is it? What is it?
Mr. Maxwell: And the time would be when this item comes up.
Mayor Clark: Are you in this item?
Mr. Jim McMaster: Yes, sir.
Mayor Clark: Are you registered? Did you know this item was coming up?
Mr. McMaster: No, it's a pocket item, but I wish to speak on it.
Mayor Clark: All right.
Mr. McMaster: I knew it was coming up because I was here before noontime.
Mayor Clark: Yeah.
Mr. Maxwell: Mr. Mayor, again, I must advise you that this is not an item that you should be
discussing today. You should not be discussing the rezoning of this item.
119 November 17, 1994
Mr. McMaster: I would just like to make a suggestion about...
Mr. Maxwell: I mean this rezoning item.
Vice Mayor Dawkins: Hold it. If the lawyer says, Mr. Mayor, that we should not discuss this,
we should take his legal advice, because he's going to say something, and we're going to end up
in court with who said, you said, I said, and the lawyer is going to say, hey, they sued us and we
lost again, because we... you didn't listen to us.
Mayor Clark: All right. No more further conversation.
Mr. Mike Kuryla: Mr. Mayor, if I completely avoid the zoning issue, I think there is another
issue I would like to ventilate as a citizen, and it will have nothing to do or it will in no way
impact what the City Attorney has advised this Commission. I have some very unsettling
thoughts about a public official representing a group of clients, and making a living as a Zoning
attorney, and sitting as the Chair of the Planning Advisory Board.
Mayor Clark: That's what Mr. Plummer is going to bring up this afternoon.
Mr. Kuryla: I believe it is improper. I believe that the State Ethics Commission has issued
opinions restricting outside work by public officials who make a living, in this case, as a Zoning
attorney. I also believe that, addressing specifically the issue of this particular attorney, there is,
unquestionably, an apparent personal vendetta, because I am the first person to replat my land,
and consequently, he is using this rezoning exercise as a subterfuge. It's clearly a subterfuge to
not give me the opportunity to come back before you.
Mayor Clark: Well, please, now, we better not discuss this anymore.
Mr. Kuryla: All right.
Mr. McMaster: Mr. Mayor, could I just make a comment? Could I respectfully request that if
there is going to be a discussion on this that it be scheduled and noticed for the December 1st
meeting? I think it's inappropriate to be...
Mayor Clark: Sir, we do have...
Mr. McMaster: ... to be discussing items that the...
Mayor Clark: Sir, please.
Mr. McMaster: ... Administration really hasn't reviewed. Thank you.
Mayor Clark: Thank you.
Mr. Zelman: Thank you, Mr. Mayor.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: Commission De Yurre entered the
Commission chamber at 3-: 9 p.m.
120 November 17, 1994
----------------------------------------------------------------------------------------------------------------
2S. DESIGNATE CITY COMMISSION AS LOCAL REDEVELOPMENT
AUTHORITY FOR DEVELOPMENT OF THE FORMER U.S. NAVAL
RESERVE CENTER - TIGERTAIL (GSA CONTROL NO. 4-N-FL-962) --
DIRECT MANAGER TO SUBMIT INFORMATION ON SAID AUTHORITY
TO U.S. DEPARTMENT OF DEFENSE FOR PUBLICATION IN A PUBLIC
NOTICE -- ISSUE A SOLICITATION REQUESTING NOTICES OF
INTEREST AND PROGRAM NEEDS FOR PROJECTS TO BE DEVELOPED
ON THE PROPERTY -- DIRECT MANAGER TO PREPARE A
REDEVELOPMENT PLAN FOR THE PROPERTY FOR CITY COMMISSION
APPROVAL AFTER PUBLIC HEARING. (See label 76)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Listen, we have... I'd like to get this... Miller, listen. A resolution designating
the City Commission as a Local Redevelopment Authority, LRA, development of the property
that identified as the former U.S. Naval Center on Tigertail, and directing the City of Miami to
submit information to the LRA for the...
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mr. Cesar Odio (City Manager): Mr. Mayor, for the record.
Mayor Clark: Yes, sir.
Mr. Odio: I was notified that on 12:30 today, that the Navy - the Department of the Navy... as
you know, we visited them last week - has ruled that we have the right to that... to apply a reuse
plan to that property. That was the ruling that we were waiting for, and it's important that we get
this resolution faxed immediately to the Navy and to HUD (Department of Housing and Urban
Development).
Commissioner Plummer: We won one.
Mayor Clark: I'll move it, Mr. Vice Mayor.
Mr. Odio: That's very good news.
Commissioner Plummer: You want to move it?
Mayor Clark: I moved it, yeah.
Commissioner Plummer: Oh, fine. I'll second.
Vice Mayor Dawkins: All right, it has been moved and seconded. Any further discussion?
Hearing none, call the roll, Madam Clerk.
121 November 17, 1994
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-828
A RESOLUTION (1) DESIGNATING THE CITY COMMISSION AS THE LOCAL
REDEVELOPMENT AUTHORITY ("LRA") FOR THE DEVELOPMENT OF THE
PROPERTY IDENTIFIED AS THE FORMER U.S. NAVAL RESERVE CENTER -
TIGERTAIL, GSA CONTROL NUMBER 4-N-FL-962 ("PROPERTY"); (2)
DIRECTING THE CITY MANAGER TO SUBMIT INFORMATION ON THE LRA
TO THE U.S. DEPARTMENT OF DEFENSE FOR PUBLICATION IN A PUBLIC
NOTICE; (3) DIRECTING THE CITY MANAGER TO PREPARE AND ISSUE A
SOLICITATION REQUESTING NOTICES OF INTEREST AND PROGRAM NEEDS
FOR PROJECTS TO BE DEVELOPED ON THE PROPERTY; AND (4) FURTHER
DIRECTING THE CITY MANAGER TO PREPARE A REDEVELOPMENT PLAN
FOR THE PROPERTY FOR CITY COMMISSION APPROVAL AFTER A PUBLIC
HEARING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Yes, ma'am. It's time we won one.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: Mr. Manager, whatever plan you have to do should be done immediately,
the Mayor says to get it up there.
Mr. Odio: Yes, sir. We have the... the law, the new law, calls for 90 days. I would recommend,
strongly, that we try to find the best consultants or groups that we can put a reuse plan in place to
submit to them in 60 days, and not 90 days, Mr. Mayor.
Mayor Clark: At least, yes. Mr. Gort.
Commissioner Gort: Mr. Mayor, let me ask you a question. You've had several meetings with
the people in the neighborhood around here about different plans for Coconut Grove. Can you
see if some of those can apply to there?
Mr. Odio: We could do that, except, the new law calls for that whatever we put... place in that
property has to be a job creator. It has to produce jobs.
122 November 17, 1994
Mayor Clark: Oh, create jobs.
Mr. Odio: They have to understand that.
Mayor Clark: All right.
Commissioner Plummer: Mr. Mayor, if I may? Would it be smart that where we are going to be
spending, possibly, a great deal of money on a Coconut Grove Planning Study, that we find... it
would seem like to me where that is like in the heart of the Grove, that that should be
incorporated in that study, that we don't go out and slice it...
Vice Mayor Dawkins: Not if we can do it. We can't do it in 90 days, J.L.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: We don't do that in 90 days, J.L.
Mayor Clark: We'll just have to hold up the study then.
Commissioner Plummer: OK.
Mr. Odio: This has to be a specific plan for the property.
Commissioner Plummer: It has to be job creative.
Mayor Clark: That is right. Exactly.
Mr. Odio: Yes.
Mayor Clark: All right. You do that right away, Mr. Manager. Get ready on that study right
away for that piece of property.
Mr. Odio: OK. If I need to... if I need to get a consultant...
Vice Mayor Dawkins: I nominate that the Mayor be the consultant on this, and whatever the
Mayor directs you to do, you do that.
Commissioner Plummer: Second.
Mayor Clark: All right. For what?
Commissioner Plummer: At no cost... at no cost to the City.
Mayor Clark: Well, I don't get paid anyway, so what the hell is the difference.
123 November 17, 1994
--- ----------------------------------------------------------------------------
26. (Continued discussion) GRANT FUNDING REQUEST BY SUNSTREET
FESTIVAL COMMITTEE, INC. FOR $10,000 IN CONNECTION WITH ITS
FESTIVAL AND PARADE (DECEMBER 3, 1994), SUBJECT TO MATCHING
FUNDS BEING PROVIDED BY METRO-DADE COUNTY. (See label 22)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 20. Now we're on number 20. Sunstreet Festival. I vote for that.
Commissioner Plummer: We did vote on that, Mr. Mayor.
Mr. Mandy Llanes: Good afternoon. Mayor, first, I would like to thank you. You did vote on it
and pass the waiver of the fees, but I...
Mayor Clark: Give us your name.
Mr. Llanes: My name is Mandy Llanes. I reside at 11862 Southwest 37th Terrace. I'm
president of Sunstreet Festival Committee.
Commissioner Plummer: Oh, you live in the County.
Mr. Llanes: Yes, sir.
Commissioner Plummer: Yes.
Mr. Cesar Odio (City Manager): You work here.
Mr. Llanes: I work in the City. OK.
Mayor Clark: Let Miller remember that.
Mr. Llanes: Well, the reason I would like to ask for a couple minutes of your time, Sunstreet
Festival, as you well know, is a street festival that takes place in Liberty City.
Mayor Clark: We know it. We know it well.
Mr. Llanes: In December. I have taken over this year as the president. We're facing... And I
see, and I appreciate the work that you guys do, because I see the budget workout that you have
to do here. But we're facing a tremendous strain this year where we might be facing having to
cancel the festival because we don't have the funds to be able to do it. So I implore, if maybe
the City Commission can find a way to help us with a contribution to...
Commissioner Plummer: We did.
Mr. Llanes: ... be able to do it, and we will not be back here, ever again, asking you for any
assistance.
Mayor Clark: How much are you asking for?
Mr. Llanes: If you can help us with... We have a... Let me... We have a fifty thousand dollar...
124 November 17, 1994
Commissioner Plummer: Huh?
Mr. Llanes: No. Listen. I'm not asking you for fifty thousand dollars.
Commissioner Plummer: Huh?
Mr. Llanes: We have a fifty thousand dollar budget, and we have a shortfall of about twenty
thousand dollars. If you can help us with, you know, fifteen, ten, I promise that...
Commissioner Plummer: I tell you what, Mr. Mayor, I'll make you a motion.
Mayor Clark: Yeah.
Commissioner Plummer: I'll make a motion that the City go on the lam for up to ten thousand
dollars, matched dollar for dollar from the County. In other words, if they get a hundred dollars
from the County, we'll give a hundred dollars. Whatever the County will give, we'll match,
dollar for dollar, up to ten thousand dollars.
Commissioner Gort: That's good.
Mayor Clark: The County has always provided money for the Sunstreet Festival.
Mr. Llanes: They have had in the past. We're in the process now of, you know, of approaching
them.
Mayor Clark: Now, if you get ten thousand out of the County, we'll match it.
Commissioner Plummer: You get the same amount of us, not to exceed.
Mr. Llanes: All righty. Well, I thank you, and...
Mayor Clark: Go see Commissioner Burke. That's in his district, I think, or Commissioner
Teele.
Commissioner Plummer: They can take it out of...
Mr. Llanes: OK. What is the procedure? If I do get that from the County, I need to come back
here and see who?
Commissioner Plummer: You don't need to come back.
Mr. Llanes: Well, I got to let somebody know.
Mayor Clark: Produce facts that you've got the money.
Mr. Llanes: All right.
Commissioner Plummer: But also, please, remember, you will not get that dollars in hand. You
must produce invoices which we approve, and we will pay the invoices. You will not get the
dollars in hand.
Mr. Llanes: OK. That is... That sounds fair, and I thank you very much for your time.
Mayor Clark: Thank you. Twenty...
125 November 17, 1994
Commissioner Plummer: I move that under the pretense as just described. I so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-829
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS, FY '94-'95, IN SUPPORT OF THE
SUNSTREET PARADE AND FESTIVAL TO BE PRESENTED BY THE
SUNSTREET FESTIVAL COMMITTEE, INC. ON SATURDAY, DECEMBER 3,
1994; SAID ALLOCATION BEING CONDITIONED UPON 1) THE ALLOCATED
FUNDS BEING MATCHED IN AN EQUAL AMOUNT BY METROPOLITAN DADE
COUNTY; 2) ALL INVOICES IN CONNECTION WITH SAID EVENT BEING
SUBMITTED TO THE MIAMI CITY COMMISSION FOR APPROVAL AND
PAYMENT; AND 3) COMPLIANCE WITH ANY CONDITIONS OR LIMITATIONS
AS MAY BE 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 Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Twenty-one has been withdrawn.
Commissioner Plummer: It has?
126 November 17, 1994
----------------- ----------------------------------------------------------------------------------------------
27. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE FUND: VIOLENT STREET
I CRIMES TASK FORCE -- ACCEPT GRANT ($17,643) FROM U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS --
EXECUTE NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-two. Yeah.
Mr. Cesar Odio (City Manager): This is to receive a grant, Mr. Mayor. This item is being
presented as an emergency on the grounds of urgent public need for the preservation of peace,
health, safety and property of the City of Miami.
Mayor Clark: Moved by Mr. Dawkins. Seconded by Mr. Gort. Read it.
Commissioner Plummer: Justify the emergency.
Mr. Odio: I did on the record, sir.
Commissioner Plummer: I didn't hear you.
Mr. Odio: This item is being presented as an emergency on the grounds of urgent public need
for the preservation of peace, health, safety and property of the City of Miami by allowing
additional resources to be dedicated to curtailing violent crimes.
Commissioner Plummer: How long have you known about this?
Mr. Odio: This is a grant that we were notified.
Commissioner Plummer: And when were you notified?
Mr. Odio: When were we notified of this?
Commissioner Plummer: Yesterday, day before?
Mayor Clark: Three days ago.
Lt. Joseph Longueira: So we've been participating in this task force. We asked for
reimbursement of our money, and they gave it to us.
Commissioner Plummer: When were you notified of the reimbursement? How long ago? Was
it yesterday? Last night?
Lt. Longueira: No, sir. I don't know when we were notified. We asked them to reimburse us
for our cost. They said yes.
Commissioner Plummer: Mr. Mayor, I'd like to move this, subject to them giving me that
answer. If they do not give me the answer, it's not approved.
Lt. Longueira: OK.
127 November 17, 1994
Mr. Odio: We'll return the money to the Feds.
Commissioner Plummer: That's fine.
Mr. Odio: OK.
Mayor Clark: Is there a second to that motion?
Ms. Matty Hirai (City Clerk): Yes. Commissioner Gort seconded it, Mr. Mayor.
Commissioner Gort: No, no, I haven't seconded it. My question is, my understanding is this is
money we're going to receive for...
Mayor Clark: Not if they... Not if you can't comply with...
Commissioner Gort: Yeah.
Commissioner Plummer: There's no question about that. It's the idea of why the emergency.
OK?
Mr. Odio. We requested a reimbursement, and we were awarded the reimbursement, and all
we're saying here, so we can use the money...
Commissioner Plummer: They're going to give me the answer, Willy. You know that.
Commissioner Gort: OK. Second.
Mayor Clark: Call the roll.
Ms. Hirai: Mr. Commissioner, do you second?
Commissioner Gort: Yes.
Ms. Hirai: You do.
128 November 17, 1994
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED
"VIOLENT STREET CRIMES TASK FORCE'AND AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $17,643 FROM THE
U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ACCEPT SAID
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Vice Dawkins and seconded by Commissioner Gort, for adoption as
an emergency measure and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Dawkins and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11197.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
129 November 17, 1994
---------------------------------------------------------------------------------------------------------------
28. EMERGENCY ORDINANCE: AMEND ORDINANCE 11059, WHICH
ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL
REVENUE FUND: DRUG ABUSE RESISTANCE EDUCATION -- PROVIDE
FOR INCREASE OF $70,217 AS RESULT OF SUCCESSFUL GRANT
APPLICATION FROM METROPOLITAN DADE COUNTY -- EXECUTE
NECESSARY DOCUMENTS,
Mayor Clark: Twenty-three.
Mr. Cesar Odio (City Manager): The reason for the emergency on this ordinance is that we want
to get the reimbursements while the current school year is in place. We are amending Ordinance
Number 11059, which established initial resources and initial appropriations for a special
revenue fund entitled "Drug Abuse Education," and increasing said appropriations by seventy
thousand, two hundred and seventeen dollars, as a result of a successful grant application from
Metro -Dade County. This program targets elementary school students, educating them on the
dangers of alcohol and substance abuse. Metro -Dade County has committed an additional
seventy thousand, two hundred and seventeen dollars toward the payment of overtime for police
officers certified in teaching the DARE (Drug Abuse Resistance Education) Program, training
costs, and curriculum support materials.
Commissioner Plummer: Just for the record, this was established April the 15th of 1993. It is
now November of 1994, and it comes to us as an emergency. God bless you.
Mayor Clark: It's about time it gets here.
Commissioner Plummer: Yep. Talk about bureaucracy.
Mayor Clark: All right. Is there a motion?
Commissioner Plummer: Yeah, I'll move it. I'll always accept money.
Mayor Clark: Seconded. Call the roll. Read it. All right. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11059,
ADOPTED ON APRIL 15, 1993, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "DRUG ABUSE RESISTANCE EDUCATION", TO PROVIDE FOR
AN INCREASE IN THE AMOUNT OF $70,217 AS THE RESULT OF A
SUCCESSFUL GRANT APPLICATION FROM METROPOLITAN DADE
COUNTY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY TO ACCOMPLISH THE ACCEPTANCE OF THE
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
130 November 17, 1994
was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11198.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
29. SECOND READING ORDINANCE: AMEND CODE SECTION 40-229 --
PROVIDE FOR CHANGES IN INVESTMENT GUIDELINES AND TYPES OF
FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF CITY
OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
Mayor Clark: Item 24.
Commissioner Plummer: Has this been run by our financial advisor? Twenty-four?
A. Quinn Jones, III, Esq. (City Attorney): Second reading. Yes.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: It has? The financial advisor has recommended it?
Mr. Frank May: This comes through the board.
Mr. Odio: It's through the board.
131 November 17, 1994
Commissioner Plummer: I understand it's through the board.
Mr. Odio: The board has financial advisors...
Commissioner Plummer: But I'm asking is, is this... It doesn't say what kind of investments.
Mayor Clark: All right. Let's quit making so much inquiries. Are you going to vote for it or
not?
Commissioner Plummer: I don't know. I'll answer that after I get information. Yes or no.
Mayor Clark: All right. Get the info.
Mr.Odio: Yes.
Mr. May: Yes. The answer is yes, Commissioner Plummer.
Commissioner Plummer: That's all I'm asking. Thank you.
Mayor Clark: It's not an inquisition up here.
Commissioner Plummer: Thank you.
Mayor Clark: All right. Is there a motion?
Commissioner Plummer: I move it.
Mayor Clark: Is there a second? Call the roll.
Ms. Matty Hirai (City Clerk): Seconded by Commissioner Gort, perhaps?
Commissioner Plummer: Yeah, of course.
Ms. Hirai: Yes. All right.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CHANGES IN
INVESTMENT GUIDELINES AND TYPES OF FUNDS WHERE INVESTMENT
MAY BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
132 November 17, 1994
passed on its first reading by title at the meeting of October 27, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11199.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
30. SECOND READING ORDINANCE: AMEND TERMS OF OFFICE /
REMOVAL OF MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD TO CONFORM WITH PROVISIONS OF
ORDINANCE 11130 -- ESTABLISH FEES FOR APPEALS OF
DESIGNATIONS AND CERTIFICATES OF APPROPRIATENESS -- AMEND
CODE SECTIONS 62-71, 23.1-4 AND 23.1-5.
-----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 25.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Gort did it before.
Mayor Clark: All right. It's been seconded. Read the ordinance. Roll call. Roll call.
133 November 17, 1994
�xx
An Ordinance entitled -
AN ORDINANCE RELATED TO HISTORIC PRESERVATION AMENDING THE
REQUIREMENTS FOR TERMS OF OFFICE AND REMOVAL OF MEMBERS OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO
CONFORM WITH THE PROVISIONS OF ORDINANCE NO. 11130, ADOPTED
MARCH 24, 1994; ESTABLISHING FEES FOR APPEALS OF DESIGNATIONS
AND CERTIFICATES OF APPROPRIATENESS; MORE PARTICULARLY, BY
AMENDING SECTIONS 62-71, 23.1-4 AND 23.1-5 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; 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 October 27, 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. 11200.
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.
----------------------------------------------------------------------------------------------------------------
31. SECOND READING ORDINANCE: AMEND REQUIREMENTS FOR
TERMS OF OFFICE / REMOVAL OF MEMBERS OF THE URBAN
DEVELOPMENT REVIEW BOARD TO CONFORM WITH PROVISIONS OF
ORDINANCE 11130 -- AMEND CODE SECTION 62-84.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 26.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Roll call.
134 November 17, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE REQUIREMENTS FOR TERMS OF OFFICE
AND REMOVAL OF MEMBERS OF THE URBAN DEVELOPMENT REVIEW
BOARD TO CONFORM WITH THE PROVISIONS OF ORDINANCE NO. 11130,
ADOPTED MARCH 24, 1994; MORE PARTICULARLY BY AMENDING SECTION
62-84 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
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 October 27, 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. 11201.
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.
----------------------------------------------------------------------------------------------------------------
32. APPOINT CERTAIN INDIVIDUALS TO SERVE AS MEMBERS /
ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW
BOARD. (Appointed were: Daniel Williams, John Joseph Riordan, Juan Bueno
(Regular Members), and Albert R. Perez (Alternate Member).
-- -------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 27.
Commissioner Plummer: Do I have any appointments on there?
Mr. Joe McManus: You made your appointments at the last meeting. You appointed two
members at the last meeting, Commissioner.
Commissioner Plummer: Oh, all right. All right. So the other four have got to make theirs.
Mr. McManus: The other four have not made their appointments.
Commissioner Plummer: Well, they're all landscape architects, and each member besides
myself has two appointments to make, as I see it.
135 November 17, 1994
1E
4
Mr. McManus: Yes sir, either landscape architects or architects. Second page shows the
composition of the former Urban Development Board, and there is one resume that was sent in.
Vice Mayor Dawkins: And one what?
Commissioner Plummer: Resume.
j Mr. McManus: There was one resume that was sent in. It's as a part of the package there. A
i resume, nomination form on behalf of Mr. Gerald Marston. We sent letters out to the local
i chapters of the American Society of Landscape Architects, and the American Institute of
Architects. To date, we have not heard anything from them, but we told them if they had any of
their members who are interested to be sure and call your offices.
Vice Mayor Dawkins: But everybody did not have to be an architect?
Mr. McManus: They either have to be an architect or a landscape architect.
Vice Mayor Dawkins: All eighteen of them?
Mr. McManus: Ten.
Commissioner Plummer: Ten.
Vice Mayor Dawkins: Well, I got two so what...
Commissioner De Yurre: I got my two, Mr. Mayor, Juan Bueno and Alberto Perez.
Mayor Clark: All right. Second. Cast a unanimous ballot.
Commissioner Gort: I got my two.
Mayor Clark: Who are they?
Commissioner Gort: I think that was stated before. Daniel Williams.
Mayor Clark: Yeah.
Commissioner Gort: And John Joseph Riordan. Landscape architect, architect and planner.
Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk. I don't have mine right now.
We'll pass over mine for a minute. J.L.?
136 November 17, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-830
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: I did mine before, Mr. Mayor.
Ms. Matty Hirai (City Clerk): Mr. Mayor, may I ask a question? At the time you notified to our
office, either at the City Commission Meeting level or by memorandum, will this be officially...
Mayor Clark: If I do it by memorandum it will be official? OK.
Ms. Hirai: Yes. Thank you.
A. Quinn Jones, III, Esq. (City Attorney): You can do it that way.
Mayor Clark: Thank you. All right, let's move.
Commissioner Plummer: May I ask who notifies these people besides the Commissioners?
Ms. Hirai: We do.
Commissioner Plummer: You do.
Ms. Hirai: The moment the Commissioner lets our office know who the appointee is, we notify
them.
Commissioner Plummer: All right.
Ms. Hirai: We hold, as may be the requirements of the Code, for five days, their nomination
form. After five days, they're inserted into the official resolution, and then we notify all the
members of the Commission who the roster is.
Mayor Clark: OK. Anything else on that?
137 November 17, 1994
Commissioner Plummer: No.
---------------------------------------------------------------------------------------------------------------
33. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE X,
SECTIONS 2-393, 2-403, 2-404, 2-405, 2-406, 2-407, 2-408 AND 2-409 --
PROVIDE ENFORCEMENT PROCEDURES AND CIVIL PENALTIES FOR
CODE ENFORCEMENT VIOLATIONS.
Mayor Clark: Item 28.
Mr. Cesar Odio (City Manager): Mr. Mayor, in deference to the Code Enforcement Board, they
have asked that we defer 28 and 29.
Commissioner Plummer: Why?
Mr. Odio: They... I don't know why they asked. They had a meeting yesterday and said that
they would like to discuss this further, but I would not like to postpone it beyond December 1st.
Commissioner Plummer: Well, I... Let me tell you. I don't know why, because they had the
same opportunity to work on this as everybody else. Mr. Mayor, what I would think we should
do, as we do in many cases, and I would offer that we offer it on first reading, and then...
Because the second reading won't take place until January, and any problems they have, they
can work on between now and then.
Mayor Clark: Read the ordinance. All right. There's a motion and a second. Call the roll.
Commissioner Gort: I'll second it, on seconding the motion...
Commissioner Plummer: First reading.
Commissioner Gort: ...I'd like to state that...
Mayor Clark: First reading.
Commissioner Plummer: First reading.
Commissioner Gort: Well, I'd like to inform that I received a few calls from some of the board
members, and I'm sure you all did, too, and I tried to explain to them that this is the first reading,
that whatever questions they have on the ordinance, they should get together with staff now and
work it out for the second reading.
Mayor Clark: OK.
Commissioner Gort: My understanding, there were a lot of questions coming up, and they
should be...
Commissioner Plummer: And as Commissioner De Yurre had requested, and I'm sure you've
seen, Commissioner, that a great deal of these fines have been levied on a scale where they
weren't all a flat fee. I want to be honest with you, that some of these that they have here, that
they've reduced in scope, I think should be increased, rather than reduced, but we'll talk about
that between the first and second reading.
138 November 17, 1994
Commissioner De Yurre: And just a matter of realistically dealing with how much we can
collect from people.
Commissioner Plummer: Yeah.
Mayor Clark: OK. Call the roll. First reading.
An Ordinance entitled -
AN ORDINANCE RELATING TO CODE, ENFORCEMENT, BY AMENDING
CHAPTER 2, ARTICLE X, SECTIONS 2-393, 2-403, 2-404, 2-405, 2-406, 2-407, 2-
408 AND 2-409, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO PROVIDE ENFORCEMENT PROCEDURES AND CIVIL
PENALTIES FOR CODE ENFORCEMENT VIOLATIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
34. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE X,
SECTION 2-397 -- PROVIDE FEE SCHEDULE FOR MITIGATION OF
ACCUMULATED FINES WHICH ARE IMPOSED BY THE CODE
ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: And I'll offer 29 under the same circumstances. First reading only.
Mayor Clark: All right. Read the ordinance.
Mr. Ruben Avila: Mr. Mayor, on 29, can I...
Commissioner Gort: Second.
Mr. Avila: You already have the motion on 29?
Mayor Clark: We got a motion, for first reading.
139 November 17, 1994
i L A
Commissioner Plummer: It's only first reading.
Mr. Avila: Commissioner Plummer, I'd like to have the opportunity, with the permission of the
Mayor, to speak reference...
Commissioner Gort: I tried to tell them that.
Mr. Avila: OK, forget it.
Commissioner Plummer: No, what we're saying is, you'll have plenty of time to work on it and
speak at the second meeting.
Mr. Avila: My name is Ruben Avila. I'm the Chairman of the Code Enforcement Board. On
behalf of the board, the board would like to review this again before it goes into the first reading,
for the simple reason that the Administration, when it presented it the first time, it was voted six
in favor, one against. I was the against vote, the negative vote on it. The way it was presented,
I'd like to show you the draft of the way that it was presented the first time. And I will go by...
Mayor Clark: You want this one deferred?
Mr. Avila: I beg your pardon, sir?
Mayor Clark: You want this deferred or what?
Mr. Avila: Yeah, item 29, sir.
Commissioner Plummer: What we're talking about is first reading. Basically, you've got until
January the 12th for the second reading. You can do all the work you need in between.
Mayor Clark: It could be cleared up in that time, January the 12th, can it not?
Mr. Avila: Sir, this... OK.
Commissioner Plummer: I worked with you before. I'll work with you again.
Mr. Avila: No. I... I... I...
Vice Mayor Dawkins: "I give up." That's what.
Mayor Clark: Let me say this. I move to defer this item.
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: Excuse me, Mr. Mayor, to defer, rather than first reading?
Ms. Matty Hirai (City Clerk): Excuse me. Are you deferring 29, Mr. Mayor?
Mayor Clark: We didn't move the first reading on that.
Commissioner Plummer: Yes, I did, sir.
Ms. Hirai: We had called the roll on 29...
140 November 17, 1994
Vice Mayor Dawkins: OK. We had a second for the first reading?
Commissioner Plummer: Yes.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: On 28 and 29?
Ms. Hirai: No, no.
Vice Mayor Dawkins: On 28, you had it.
Commissioner Plummer: Twenty-eight has already passed. I moved 29.
Ms. Hirai: With all due respect, we're talking about 29, aren't we?
Vice Mayor Dawkins: All right. Who seconded 29? Who seconded?
Mayor Clark: Miller...
Ms. Hirai: On 28, we had Commissioner Plummer, Commissioner Gort...
Commissioner Gort: I did.
Mayor Clark: Please. Yes.
Ms. Hirai: Yes.
Vice Mayor Dawkins: All right, now, on 29.
Ms. Hirai: Are we talking about 29 now?
Mayor Clark: All right. We haven't voted on this item, now.
Vice Mayor Dawkins: Twenty-nine, what, now?
Ms. Hirai: On 29, we had Commissioner Plummer, Commissioner Gort seconding, and...
Commissioner Plummer: Right.
Ms. Hirai: We called the roll on the first reading. If you...
Vice Mayor Dawkins: All right, call the roll. You called the roll already?
Ms. Hirai: Yes. If you want to rescind it, and defer it, that... You tell me.
Mayor Clark: Call the roll on the second... on 29.
Commissioner Plummer: On 29.
A. Quinn Jones, III, Esq. (City Attorney): Let me read the ordinance.
Ms. Hirai: On 29.
141 November 17, 1994
Commissioner Plummer: Read the ordinance.
Mayor Clark: He's read the ordinance.
Ms. Hirai: Yes.
Mr. Jones: No, it was never read. It was never read.
Commissioner Gort: No, 29 was never read.
Commissioner Plummer: It was only read on the first one.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE ORDINANCE RELATING TO CODE ENFORCEMENT, BY AMENDING
CHAPTER 2, ARTICLE X, SECTION 2-397 OF THE CODE OF THE CITY OF
MIAMI, FLORID& AS AMENDED, THEREBY PROVIDING A FEE SCHEDULE
FOR THE MITIGATION OF ACCUMULATED FINES WHICH ARE IMPOSED
BY THE CODE ENFORCEMENT BOARD; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
NAYS: Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: I'm going to vote no, and the reason I'm voting no... You need to hear
this, Mr. Chairman. OK? I have difficulty getting people to serve on this Code Enforcement
Board. Everybody I put on there wants to get off. OK? Now, you have a Chairman who
comes... Chairman who comes down here and asks us out of courtesy to defer this so that those
individuals on the Code Enforcement Board have a time and a chance to speak and be heard, and
we denied that. I vote no.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Now, Mr. Mayor, may I ask a question?
Mayor Clark: Yes.
142 November 17, 1994
Commissioner Plummer: One of the questions that came up before the board, the Chairman was
in favor of, said there was a legal problem. Two things. Number one, I would like an answer
when it comes back for second reading. Number one, can we hire, or can they hire - not "we" -
can they hire attorneys who would go after payment on a contingency basis? Number one.
Number two, on...
Commissioner Gort: Collection?
Commissioner Plummer: Yes, collection. ... On liens, can those liens, as banks and everybody
else do, can they be sold? And I would like...
Mr. Jones: I can give you an answer now, Commissioner.
Commissioner Plummer: Give it to me... No, I don't want to delay it now.
Mr. Jones: The answer is yes, yes. I mean, we're going after it. I mean, that's what you... I
mentioned to you at the very outset, I have attorneys now, staff that we're... We're in the
process of doing that very thing now.
Commissioner Plummer: OK.
Mayor Clark: All right.
Cpmmissioner Plummer: You heard that?
Vice Mayor Dawkins: You know, that's wonderful to sit here and say that. You had a lady here
this morning who told you, under no circumstances was she able to meet any of the obligations
that this City imposed on her. And now, you tell me you're going to hire a collecting agency and
a lawyer to sue these kinds of people who have no money to pay, no means to pay, but we're
going to go through, Mr. Mayor, a feel -good meeting here, and look good out there in the public,
saying that we're going to go after these people, knowing we can't collect.
Mr. Jones: Commissioner, we can't foreclose on homestead. What we've targeted, basically,
where the majority of the money is, with commercial properties. That's what we're going after.
Vice Mayor Dawkins: Mr. City Attorney...
Mr. Jones: Yes, sir.
Vice Mayor Dawkins: ... I beg to differ with you, sir. Every Code Enforcement that has come
before this board with me here, the majority of them have been against people with duplexes,
and other homes that they couldn't make repairs or what have you to.
Commissioner Plummer: Well, Mr. Dawkins, if I may just respond very briefly.
Mayor Clark: Shortly.
Commissioner Plummer: One of the reasons that you've had problems and I have had problems
of people wanting to serve on Code Enforcement is because people laugh at them. They try to
do what's right, enforce the law, and make people comply, and when they are found guilty, they
don't. And these people sit back that we appoint to these boards and say, hey, if we're not going
to be able to accomplish something in this City, then don't ask us to go through the scenario of
hearing these cases. You know, the big joke. And it is a joke. Code Enforcement now has liens
143 November 17, 1994
of one hundred... two hundred million. I heard a hundred million dollars. I mean, this is
ridiculous. It's absolutely ludicrous. And I don't feel... You know, even this Chairman and I
have had this discussion day in and day out. Give me the tools to work with, and we'll go after
these people. There's a case, just one case I will refer to. The man owns about thirty... he's a
mortgage broker. He owns about thirty pieces of property, and nobody decided to go after any
of his other assets, except that one piece of property that wasn't worth a damn. Well, hey, he's
got twenty-nine other pieces of property. Go after that, and listen to him, make him understand
that what we're trying to do is not operate by cash register. I'm asking him to comply like
everybody else in this City should and has to do.
Vice Mayor Dawkins: I call the order of the day, Mr. Mayor.
Commissioner Plummer: So be it.
Mayor Clark: All right.
Mr. Avila: Mr. Mayor, before...
Ms. Hirai: Excuse me. Mr. Avila, would you place your statement on the record, please.
Mayor Clark: Well, they want an amnesty period for six months. This is what you want?
Mr. Avila: No, sir. What I was talking about is the way they were presented to the board. It
was two members in that board that are not there anymore. And what they did is, the way they
present the whole thing, they tell us one thing. We didn't... I read that item 29 today in
Commissioner Gort's office, when I went over there and asked for item 29. That's when I read it
for the first time. Half of the things that are in there...
Mayor Clark: Well, I tried to defer it, but, get it all together for the next meeting.
Mr. Avila: Thank you.
Mayor Clark: Item number 30.
Vice Mayor Dawkins: We did that this morning, Mr. Mayor.
Mayor Clark: You did that already
Vice Mayor Dawkins: Yes, sir.
144 November 17, 1994
SR4
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35. ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF RESULTS
OF SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994
CONCERNING PROPOSED CHARTER AMENDMENT NO. 1 TO AMEND /
DELETE PROVISIONS REGARDING PROPOSED PROJECTS IMPROVING I
DISPOSING OF ALL CITY PROPERTY BY: (1) ELIMINATING THREE
PROPOSAL SUBMISSION AND REFERENDUM REQUIREMENTS FOR
PROJECT APPROVAL; (2) ESTABLISHING PROPOSER
PREQUALIFICATION, EVALUATION, APPROVAL AND PROTEST
PROCEDURES; (3) PROHIBITING PROJECTS PROVIDING CITY LESS
THAN FAIR MARKET VALUE, EXCEPT PROJECTS OF COMMUNITY -
BASED ORGANIZATIONS AND EXISTING EXEMPTIONS; AND (4)
AUTHORIZING CITY COMMISSION TO AMEND EXISTING / FUTURE
CONTRACTS AFTER AN ADVERTISED PUBLIC HEARING --
DISAPPROVED BY THE ELECTORATE.
Mayor Clark: Thirty-one. Thirty-one.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: (Indicating in the affirmative.)
Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-831
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE CITY
CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, ATTACHED
HERETO AND MADE A PART HEREOF, IN WHICH THE QUESTION OF
AMENDING THE CITY CHARTER (CHARTER AMENDMENT NO. 1) TO AMEND
AND DELETE PROVISIONS REGARDING PROPOSED PROJECTS IMPROVING
OR DISPOSING OF ALL CITY PROPERTY BY: ELIMINATING THREE
PROPOSAL SUBMISSION AND REFERENDUM REQUIREMENTS FOR PROJECT
APPROVAL; ESTABLISHING PROPOSER PREQUALIFICATION, EVALUATION,
APPROVAL AND PROTEST PROCEDURES; PROHIBITING PROJECTS
PROVIDING CITY LESS THAN FAIR MARKET VALUE, EXCEPT PROJECTS OF
COMMUNITY -BASED ORGANIZATIONS AND EXISTING EXEMPTIONS;
AUTHORIZING THE CITY COMMISSION TO AMEND EXISTING OR FUTURE
CONTRACTS, AFTER AN ADVERTISED PUBLIC HEARING, WAS
DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
145 November 17, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thirty-two.
Commissioner Plummer: Mr. Mayor, I think, by law, you have to call one or two of the
precincts; am I correct on that? No?
Ms. Matty Hirai (City Clerk): Not necessarily.
Commissioner Plummer: Why did we always do it in the past?
Ms. Hirai: Not necessary, Mr. Mayor.
Vice Mayor Dawkins: Because we didn't have Mayor Clark.
Mayor Clark: Let's just move.
Commissioner Plummer: So be it.
----------------------------------------------------------------------------------------------------------------
36. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH GLADYS
KIDD & ASSOCIATES, INC. -- FOR PROFESSIONAL / TECHNICAL
SERVICES TO BE RENDERED FOR PRODUCTION OF DEPARTMENT OF
DEVELOPMENT AND HOUSING CONSERVATION'S HOUSING
MASTERPLAN -- ALLOCATE FUNDS ($17,000).
Mayor Clark: Item 32.
Mr. Herb Bailey: Item 32, Mr. Mayor and Commissioners, is professional services...
Vice Mayor Dawkins: Move it.
Mayor Clark: OK.
Commissioner Gort: This is a Consent Agenda that was...
Vice Mayor Dawkins: The Manager says he needs it. Move it.
Commissioner Plummer: This is 32?
146 November 17, 1994
E
Mr. Bailey: Thirty-two.
Commissioner Plummer: Hold on.
Mayor Clark: Is there a second?
Commissioner Gort: I second.
Mayor Clark: If there's no exception, cast a unanimous ballot.
Commissioner Plummer: Hold on. I'm not even there.
Mr. Bailey: 1 think Commissioner Plummer has some concerns.
Commissioner Gort: You're slow today.
Commissioner Plummer: Well, maybe I am slow today.
Commissioner Gort: Maybe it was full moon last night.
Commissioner Plummer: It was a full moon. I'm going to vote for this, but I'm going to register
an objection.
Ms. Matty Hirai (City Clerk): Commissioner Gort?
Commissioner Gort: Yes.
Ms. Hirai: Did you second this?
Commissioner Gort: Yes.
Ms. Hirai: Thank you.
Commissioner Plummer: I'm voting for it. She does a great job, but the objection that I'm
raising is that it did not go out to a bidding procedure.
Vice Mayor Dawkins: What's that... What did... Who... How did we bid the one that went out
for the Dinner Key Auditorium, on Dinner Key? What did... How did we bid that?
Mr. Cesar Odio (City Manager): We did not.
Vice Mayor Dawkins: All right. We did not. You see, I mean...
A. Quinn Jones, III, Es (City Attorney): There's no requirement.
� q ( Y Y)
Mr. Odio: Under professional services...
Commissioner Plummer: Well, that's what... I'm sorry.
Vice Mayor Dawkins: All right.
j Mr. Odio: ... you are not required...
147 November 17, 1994
Commissioner Plummer: I'm sorry.
Mr. Odin: ... up to fifty thousand dollars.
Mayor Clark: All right. Let's move forward.
Commissioner Plummer: My terminology was wrong. It did not go out for any other company
to be considered. That's my problem.
Mayor Clark: OK. You vote for it?
Commissioner Plummer: I vote for it, but I just want to register that in the future that I would
hope that all companies that exist in this City have the same opportunity to be a party and a
participant, at least to be considered.
Vice Mayor Dawkins: To any work, and all work for the City of Miami.
Commissioner Plummer: Absolutely.
Vice Mayor Dawkins: OK? All right. I got no problem.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-832
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH GLADYS KIDD & ASSOCIATES, INC., IN AN AMOUNT NOT TO
EXCEED SEVENTEEN THOUSAND DOLLARS ($17,000.00) FOR PROFESSIONAL
AND TECHNICAL SERVICES TO BE RENDERED FOR THE PRODUCTION OF
THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION'S
"HOUSING MASTERPLAN"; FURTHER ALLOCATING FUNDS THEREFOR
FROM THE BUDGETED FUNDS OF THE DEPARTMENT OF DEVELOPMENT
AND HOUSING CONSERVATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
148 November 17, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------------------------------------- ------------------------------ -------------------------------
37. EXECUTE SUPPLEMENTAL INTERLOCAL COOPERATION AGREEMENT
WITH METPROPOLITAN DADE COUNTY -- MODIFY PREVIOUSLY
AUTHORIZED INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF
THE OMNI AREA COMMUNITY REDEVELOPMENT DISTRICT (IN
ACCORDANCE WITH CHAPTER 163, F.S.) -- ESTABLISH
RESPONSIBILITIES RELATIVE TO THE PROPOSED PERFORMING ARTS
CENTER AND THE DADE COUNTY COMMUNITY HOMELESS PLAN.
Mayor Clark: Item 33.
Mr. Herb Bailey (Assistant City Manager): Item 33 is the...
Mayor Clark: You recommend it?
Mr. Bailey: ... revised....
Commissioner Plummer: No, no, no. I cannot vote for this one.
Mr. Bailey: No, no.
Mayor Clark: All right.
Mr. Bailey: I have some recommendations. I just want to...
Commissioner Plummer: No. Let me tell you very quickly, I will not vote for any of this
money, and I've got numerous phone calls, for any of this money to go to the homeless.
Absolutely. I will vote to give the money to the people who created and helped make this money
for the Performing Arts, but not for the homeless. This is a tax increment district, which is
supposed to, as I understand it, improve the district. I will not vote for this money, other than to
go to Performing Arts, and to improve the district, period.
Mayor Clark: Now, let these people speak.
Commissioner Plummer: I'm only one vote.
Mayor Clark: Joe, go ahead.
149 November 17, 1994
Mr. Fred Joseph: My name is Fred Joseph.
Vice Mayor Dawkins: Pull the mike up, sir. Pull the mike up.
Mr. Joseph: My name is Fred Joseph. I'm president of the Grand Condominium Association.
I'm here representing the Grand Condominium, the New Grand Doubletree Hotel on our board,
and also the retailers. We're in a piece of property in that district that is in excess of many
hundreds of millions of dollars. I personally lobbied for this tax district, with the help of the City
Commissioners. I find it very hard now to go back to our board and our Grand Condominium
Association and say to these people, these tax dollars that we have allocated, that is going to be
for the improvement of the Omni District, be used anywhere outside of that scope of economic
improvement. That was promised to us, that was in the tax district literature, and to go back and
say to those people anything now other than that, is an outright, outrageous act. We have in our
area a park that we cannot get lit, roads on South Bayshore Drive with giant potholes that may
get filled by the Summit of the Americas. We have a tremendous amount of derelict areas. We
are very happy to feed the homeless all over the streets. We end up cleaning it up. I don't see
where spending one penny of this special tax district money serves the City of Miami Omni
District, other than a farce. Commissioner Plummer, Commissioner Dawkins, Commissioner De
Yurre, you put restrictions on some of the criteria on the homeless issues, but I don't believe that
you ever meant for any of that district money to go anywhere other than strictly being used for
economic development for that district. And I do appreciate your time, and I appreciate being
heard. Again, please consider, when you change the rules of taxing, the people then feel like
you're just fooling them when you say, "We're going to tax you and we're going to spend it in
your area." Thank you.
Commissioner Gort: Mr. Mayor, let me ask you a question. When this was first taken to the
property owners, was the homeless concept part of it?
Commissioner Plummer: Absolutely not.
Commissioner Gort: It was not.
Commissioner Plummer: And neither was the Performing Arts, when it first went before the...
Mr. Bailey: No.
Mr. Cesar Odio (City Manager): There was no concept when the interlocal agreement was
created. It was with the idea of developing the area. At that time, there was no Performing Arts
Center. This is a recommendation by the County Board of Commissioners that are sending this
to us.
Commissioner Plummer: Mr. Mayor, I would like...
Mr. Joseph: May I speak one more time? I'm sorry.
Commissioner Plummer: Excuse me. Whenever it's appropriate, Mr. Mayor, I would ask that
this matter be deferred, and a public hearing for the same people who came down here and
supported this to improve the district, have the right to come back down here.
Commissioner Gort: You just eliminate the "home."
Commissioner Plummer: Well, you can't...
150 November 17, 1994
Commissioner Gort: I think the only objection to this....
Commissioner Plummer: Willy, excuse me.
Commissioner Gort: .... is money to be spent on the home; am I correct? I think we can move it
and remove that.
Commissioner Plummer: No, no, Willy, excuse me. Let me educate you. You have to, you
have to get the County Commission's approval to create the district.
Commissioner Gort: Right, OK.
Commissioner Plummer: All right? Now...
Mr. Odio: Let me recommend you send it back to the County with the caveat that you will not
approve the homeless part. You're not a Commissioner. Let me talk.
Vice Mayor Dawkins: Wait, hold it, hold it, hold it.
Mr. Joseph: I'm sorry?
Vice Mayor Dawkins: Hold it. You know, every time we seem to be ready to get Biscayne
Boulevard back on track, Alvah Chapman, the ACLU (American Civil Liberties Union), and
everybody else comes in here and tells me I can't do it. OK, now? Now, I got the County
coming to tell me I can't do it. This is a district that was cut out to redevelop the Omni area.
That's what it was cut out for. At that time, Alvah Chapman did not have a homeless center that
you all gave him - I didn't vote for it - over there, within the School Board property. Now,
they've got money from the State of Florida, they've got money from the Homeless Coalition,
they got money from a special tax. And now, this same Homeless Coalition is saying, "I'm
going to squeeze you as much as I can, so now, I'm going to take money, all the money I can
take from you from over in the Omni, to take it from you, too." No. I'm like... I cannot vote for
it.
Mr. Odio: What I mean is, Mr....
Vice Mayor Dawkins: No. If you send it back to the State of Florida, I still can't vote for it.
Mr. Odio: No. What I mean is, you approve it without the homeless portion, and then send it
back to the County.
Vice Mayor Dawkins: Well, what... OK. Let me ask you, Mr. Manager, let me ask you for the
j Manager... ask the Manager, so that I know what I'm voting on. Explain to me what you mean...
Mr. Odio: OK.
Vice Mayor Dawkins: ... when you say, OK it and exclude the homeless. Tell me, what am I
including?
Mr. Odio: You would be telling... You would be sending the agreement back to the County
saying that you agree that the monies could be used for the Performing Arts Center, but not for
the homeless part.
Vice Mayor Dawkins: OK. Wait a minute. All right, all right. I will buy that, if you say the
money would be used for the Performing Arts and for the Omni area benefit.
151 November 17, 1994
iwl
Mr. Odio: Fine.
Vice Mayor Dawkins: OK?
Mr. Odio: That's fine.
Vice Mayor Dawkins: But I don't want you to take all of that money for the Performing Arts
Theater, either, Mr. Manager.
Commissioner Plummer: You better understand how much money you're potentially talking
about. I think it's - what? - a million -six?
Mr. Bailey: All right. It's one point four million at the time we calculated.
Commissioner Plummer: And that's gone down now, because the School Board bought
Jefferson Building, and that took off the tax rolls.
Mr. Bailey: Right.
Mr. Odio: See, but the million -four, what will happen is that you can revenue... you can sell
bonds up to what?
Mr. Bailey: It's about eleven million.
Mr. Odio: Eleven million dollars.
Mr. Bailey: It will be somewhat less than eleven.
Mr. Odio: So that's all going to be taken by the Performing Arts Center.
Mr. Bailey: All of it. It'll be twenty years before...
Mr. Odio: It will be twenty years before you see another dollar for that district.
Mayor Clark: All right. You want to word it that way, then, Miller?
Vice Mayor Dawkins: Who made the motion?
Commissioner Plummer: I did.
i
Vice Mayor Dawkins: Well, whatever...
Mayor Clark: Somebody else wants to talk. "Mr. Coconut Grove" wants to talk.
Commissioner Plummer: But my motion I will withdraw.
Mr. Odio: If I may suggest this...
Vice Mayor Dawkins: Go right ahead, Mr. Manager.
Mr. Odio: That we authorize the City Manager to execute a supplemental interlocal cooperation
agreement in substantially the attached form with Metropolitan Dade County, thereby modifying
the previously authorized interlocal agreement, pursuant to resolution for the implementation of
152 November 17, 1994
the Omni Area Community Redevelopment District, in accordance with Chapter 163 of Florida
Statutes, to establish responsibilities relative to the proposed Performing Arts Center.
Mr. Bailey: Period.
Mr. Odio: Period.
Commissioner Plummer: Can we put in there a percentage of the money that it cannot exceed...
Mr. Odio: No. What you could do is also say, and we could spell out, that any other monies that
would become available will be subject to approval of both boards.
Vice Mayor Dawkins: No, no. See...
Commissioner Plummer: No, no. What I'm saying is, could we put in the motion that of that
money collected annually, the Performing Arts could not exceed twenty percent of the money, or
thirty percent of the money, because what would stop them from taking all of it?
Mr. Odio: No, because they won't be able to build the Performing Arts Center if they cannot get
the eleven million dollars.
Commissioner Plummer: Yeah, but they can take it and say, "We're going to put it in reserve,"
and hold it, and restrict it.
Ms. Sheila Anderson: No, no.
Mr. Odio: No. It should be used for the Performing Arts Center.
Commissioner Plummer: They won't...
Vice Mayor Dawkins: Well, you see, Mr. Manager, my problem is what you said....
Mayor Clark: Please, one at a time now. This is getting completely out of character.
Vice Mayor Dawkins: Thank you, Mr. Mayor.
Commissioner Plummer: OK. I'm just asking.
Vice Mayor Dawkins: To the Manager. Mr. Manager, the only problem I have with what you're
saying is, with the OK of both bodies. OK? But never in here will you say that the County has
to come to me to get an OK.
Mr. Odio: Oh, they do.
Vice Mayor Dawkins: But now, what you're telling me, I have to go to them to get an OK.
Mr. Odio: No, no, sir. They have to come here. That's why we're here today.
Vice Mayor Dawkins: But why...
Commissioner Plummer: That's the way it is.
Mr. Bailey: That's what we're doing today.
153 November 17, 1994
Mr. Odio: They have to come here...
Commissioner Plummer: That's the law.
Mr. Odio: ... to get an approval.
Vice Mayor Dawkins: And both, both bodies have to agree?
Mr. Odio: Yes, sir.
Mr. Bailey: Yes.
Vice Mayor Dawkins: And if one body disagrees, that vetoes the whole thing?
Mr. Bailey: Yes.
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: All right. Well, I disagree with this. It's dead.
Mayor Clark: Go ahead.
Ms. Anderson: Mr. Mayor, thank you. My name is Sheila Anderson. I have offices at 901
Northeast 2nd Avenue. I have been involved in trying to help the development of the
Performing Arts Center since 1990, and this is a critical part of the financing package that has
been approved by the County, and by Miami Beach to build the project. The project is about two
months away from selecting an architect, and there is a master plan committee being set up by
the chairman of the trust to bring economic development improvement into the neighborhood.
Some of this money can be used as part of the project to talk about landscaping and street
improvements along 2nd Avenue, along 14th Street, and in other ways, to start to spread into the
Omni District. All of the eleven million dollars of bondable capacity is important, and using this
money for the Performing Arts Center makes the district more viable. Businesses will move into
the district because the Performing Arts Center is there. If we clean up the area west of Biscayne
Boulevard, we can do a lot to improve the tax base of the City. So your support is very
important, and I appreciate the modification that you're talking about making today.
Mayor Clark: All right.
Ms. Anderson: Because to divert a penny of it would be tragic.
Mayor Clark: Thank you. Yes, sir.
Mr. Jim McMaster: Jim McMaster. As we all know, the homeless situation is a Countywide
issue. They have funds to deal with it. If you look at Coral Gables, Miami Shores, or any other
municipality, you're not going to find any group homes, no drug rehabilitation, nothing. It's all
here in the City. We do more than our fair share. As most of you are probably aware, this
district was formed in '86/87. The funds have been collected, but it's never been...
Commissioner Gort: For the sake of time, are you aware we want to do it?
Mr. McMaster: Oh, yes, I have...
Commissioner Gort: We are in favor of you all.
154 November 17, 1994
Mr. McMaster: I have a suggestion you'll like.
Commissioner Gort: OK.
Mr. McMaster: The district has never been activated, so six million dollars of County money
has come from the district and gone back into the County coffers...
Mr. Bailey: But they go back.
Mr. McMaster: ... because the district was not activated. I would suggest that the County can
take the six million that they would have put into the district and use it for the homeless.
Commissioner Plummer: Mr. McMaster, may I correct you? Because unless I'm wrong...
Mr. Bailey: It keeps going back every year.
Commissioner Plummer: ... one fallacy you just made, which is a big one...
Mr. McMaster: Mm-hmm.
Commissioner Plummer: We've never collected any of those monies because...
Mr. McMaster: Oh, I know, because the district has never been activated and the...
Commissioner Plummer: There has been no collection of funds, there's no pot of gold
anywhere. Until an interlocal agreement is made, that's when they will start collecting money.
Mr. McMaster: Aren't you amending the '88 agreement?
Commissioner Plummer: We've been working on it since '86, OK? But there has never been a
dollar collected from tax funds. So I don't want you to make that statement...
Mr. McMaster: Yeah.
Commissioner Plummer: ... everybody walking out of here thinking, where is that pot of gold?
Because it doesn't exist.
Mr. McMaster: But aren't you amending the '88 interlocal agreement?
Commissioner Plummer: Oh, amending, yes, but no funds have been collected is what I'm
trying...
Mr. McMaster: Oh, I know. It was never activated.
Commissioner Plummer: OK.
Mr. McMaster: The money has been, you know...
Commissioner Plummer: Well, you said the money is being collected.
Mr. McMaster: But I would suggest to the County that if the County had gotten it together and
had formed the district back in '87...
Commissioner Plummer: We could have been.
155 November 17, 1994
Mr. McMaster: ... they would have put six million dollars in.
Commissioner Plummer: That's correct.
Mr. McMaster: So that would pay for their homeless shelter, if they wish to do that. Thank you.
Mayor Clark: OK. Let's hear from this lady. Thank you. Yes, ma'am.
Ms. Eleanor Kluger: Yes. I'd like to speak. My name is Eleanor Kluger. I'm a resident of the
City of Miami. I'm also a taxpayer and owner of property on 1310 Northeast 1st Avenue. I have
lived and worked in the area for over thirty years. We have had promises from all of you that the
area is going to be improved. Now, I have supported the tax increment money, and my family
has, also. We are in favor of seeing the area improve. Now, here we are getting promises, and
we were not notified of any of this. But now, you're going to take the money that you would get
to improve the area so that I could at least walk a block or two in the area. You've built me a
new People Mover, and I don't know of many women... In fact, I know of all of our employees,
they cannot take the People Mover because we cannot walk the few streets. Now, you know that
that area has been sorely neglected, and is in much need of improvement. And taking the money
to go to the shelter, more money than is what already allotted to them, is not what we consider an
improvement to the area.
Mayor Clark: All right. Thank you, ma'am. Mr. Yaffa.
Ms. Kluger: Thank you for your consideration.
Mr. Phillip Yaffa: Good afternoon. Phillip Yaffa, 1717 North Bayshore Drive. I apologize for
walking in on this a little late. I understand that the motion is to delete the phrase, "homeless
shelter" from this. I support that modification. Thank you.
Commissioner Plummer: Well, again, for the record, I merely ask the question, knowing how
sometimes the County operates, and, you know, they do what they think is right for the County,
is it a reasonable concern that they could take every dime of those that are collected for the
performing arts, and not leave any money for the upgrading of the remaining portion of the
Omni district? Now, you're saying no. Why do you say no?
Mr. Yaffa: No. What's going to happen it is this. My understanding is, under the current
funding scenario for the Performing Arts Center, all of the existing tax dollar increment over the
1987... 1986 base year would be to support the Performing Arts Center.
Commissioner Plummer: Can we incorporate that into this interlocal?
Mr. Bailey: That's in there, Commissioner.
Commissioner Plummer: Huh?
Mr. Bailey: That is correct.
Commissioner Plummer: OK.
Mr. Yaffa: The base year was specifically... And we rushed to get this, don't you all recall?
Commissioner Plummer: OK.
156 November 17, 1994
Mr. Yaffa: Now, what's going to happen next, the way I perceive this, is that the current
increment is all money directly related to the Graham Condominium Building. That's the only
building that... That building came on the tax rolls in 1987, which is why it was so important
that 1986 be selected as the base year. What's happening in the area now, the way I perceive,
Crescent Heights has just purchased the former Plaza Venetia rental apartment building at 555
Northeast 15th Street. That building is on the tax rolls for about twelve million dollars. If my
math is somewhat right, based on a complete sellout of that condominium building, that should
be... produce assessed valuation of some sixty-three million dollars, or an increase over the...
another incremental increase of some forty million dollars. That should produce about four or
five hundred thousand dollars worth of actual tax dollars, and I'd like to, you know, see that
being utilized, for instance, for the implementation of the Burle Marx Plan in the Omni area.
There are other developers that I'm speaking to now that have plans to develop in the Omni area.
They're waiting, of course, to see how the Homeless Assistance Center is going to impact the
area. But we, in fact, want to put on our positive light and think that this is going to be an
improvement to the neighborhood, and the Homeless Assistance Center will operate as the
community partnership expects it to operate, and it becomes a benefit to the neighborhood, I
think we'll see more and more development occurring. And as more development occurs,
additional increment is created, and that will support additional developments in the future.
Commissioner Plummer: Mr. Bailey.
Mr. Bailey: Yes.
Commissioner Plummer: If nothing is built in the Performing Arts in, let's say, the next ten
years, what happens to that money? Does it come back to the City?
Mr. Bailey: Well, the money...
Commissioner Plummer: I think that's a reasonable request.
Ms. Anderson: There is an agreement with Miami Beach that's going to reverse...
Commissioner Plummer: Excuse me. Your name is not Mr. Bailey, I don't think.
Ms. Anderson: I'm sorry, Commissioner.
Commissioner Plummer: Thank you.
Mr. Bailey: Under the law, Commissioner, if there is no indebtedness, the taxes can go back to
the taxing authorities. That's what we've been doing for the past five or six years anyway.
Commissioner Plummer: Is that us?
Mr. Bailey: That's us.
Commissioner Plummer: OK.
Mr. Bailey: We get...
Commissioner Plummer: That's all I want to know.
Mr. Bailey: Yeah. We get our money back.
Ms. Anderson: But in addition, Commissioner, if I may add, there was an agreement with
Miami Beach for convention development monies that has a deadline attached to it. The
157 November 17, 1994
Performing Arts Center must be under construction by a specific date, or else the general
convention development tax money pot will revert back to Miami Beach and the other donors to
the agreement.
Commissioner Plummer: OK. I just asked the question.
Mayor Clark: Let me have the new motion. What's the motion?
Commissioner Gort: So move, with the amendments that were made.
Commissioner Plummer: The motion that I made, Mr. Mayor, was that we approve this, deleting
the homeless aspect of it, and send it back to the County.
Commissioner Gort: I'll second.
Mayor Clark: All right. Call the roll, Madam Clerk.
Mr. Bailey: Mr. Mayor, before you call the roll, I'd just like to read into the record a
modification that the County sent today, which also fits in with what you just said.
Mayor Clark: Well, let's send it... What does it say?
Mr. Bailey: Well, we had put in there that the City would be compensated for its services that
we perform in the tax increment district, being that most of the work would be for the County,
and they sent language back to the effect that that is OK, as long as funds are available within the
trust fund. And if we're going to make a modification deleting the homeless, I'd just like to
know if it's OK to put that modification in.
Commissioner Plummer: Absolutely. Pay us for whatever services we provide. I think it's
great.
Mayor Clark: Include it in that motion.
Mr. Bailey: Yes.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-833
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUPPLEMENTAL INTERLOCAL COOPERATION
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
METROPOLITAN DADE COUNTY, THEREBY MODIFYING A PREVIOUSLY
AUTHORIZED INTERLOCAL AGREEMENT, PURSUANT TO RESOLUTION NO.
88-888, FOR THE IMPLEMENTATION OF THE OMNI AREA COMMUNITY
REDEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTER 163,
FLORIDA STATUTES, TO ESTABLISH RESPONSIBILITIES, RELATIVE TO THE
PROPOSED PERFORMING ARTS CENTER.
158 November 17, 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.
----------------------------------------------------------------------------------------------------------------
38. COMMEND CESAR ODIO, CITY MANAGER, CONCERNING
RELOCATION OF THE HOMELESS (NEXT TO FPL FACILITY), AND THE
CLEAN-UP OF THE CITY.
Commissioner Plummer: Mr. Mayor, can I bring to your attention, and compliment, which I
don't really like to do, the City Manager? At lunchtime, if you all have not had the opportunity,
the work that he has accomplished next to the Florida Power and Light Building with the
homeless is incredible. They are down there today with bulldozers and scoops, and they have
moved those people. They have relocated them, they are out of the area, they are fencing the
area, and they have done a beautiful job for both sides. I just want to give a compliment.
Vice Mayor Dawkins: Thanks to Governor Chiles, because he spearheaded it, and started it, and
gave us the money to get it done. The City of Miami did not do this on its own, and I don't want
J.L. Plummer to give that impression.
Mayor Clark: OK.
Commissioner Plummer: All right. I'll put the Manager down.
Mayor Clark: Next case.
Vice Mayor Dawkins: Thank you.
Ms. Anderson: Mr. Mayor, thank you.
Mr. Joseph: Thank you.
Mayor Clark: You're welcome.
END OF DISCUSSION -- NO ACTION TAKEN
159 November 17, 1994
----------------------------------------------------------------------------------------------------------------
39. ACCEPT A HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM GRANT ($5,155,000) FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) -- EXECUTE
NECESSARY CONTRACTS / AGREEMENTS -- ALLOCATE FUNDS AND
ENTER INTO AGREEMENTS WITH AGENCIES AND METROPOLITAN
DADE COUNTY FOR PROVISION OF SERVICES TO PERSONS WITH
AIDS, SUBJECT TO CITY COMMISSION APPROVAL AND APPLICABLE
CODE PROVISIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 34.
Commissioner Plummer: Move it.
Commissioner Gort: Move.
Mayor Clark: Is there a second? To accept a five million dollar grant.
Commissioner Plummer: And then we give it to the County.
Commissioner Gort: Well, my understanding is, this is the same thing that... This is one of the
first items that...
Mayor Clark: Call the roll. Let's move this thing on.
i
Commissioner Gort: Thank you, sir.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-834
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT IN
THE AMOUNT OF $5,155,000 FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION
OF SAID PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO
ALLOCATE SAID FUNDS AND TO ENTER INTO AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH AGENCIES AND
METROPOLITAN DADE COUNTY FOR THE PROVISION OF SERVICES TO
PERSONS WITH AIDS, SUBJECT TO CITY COMMISSION APPROVAL AND
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
160 November 17, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
40. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
GRANT PROGRAM (FY 1994) -- APPROPRIATE $5,155,000 FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
IMPLEMENTATION / ADMINISTRATION OF 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM.
Commissioner Plummer: Move 35.
Mayor Clark: Is there a second?
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) GRANT PROGRAM (FY 1994)", AND APPROPRIATING FUNDS FOR
THE SAME IN THE AMOUNT OF $5,155,000 FROM THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, FOR THE IMPLEMENTATION
AND ADMINISTRATION OF THE 1994 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAM; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner De Yurre
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.
161 November 17, 1994
----------------------------------------------------------------------------------------------------------------
41. EXECUTE AGREEMENT OF PURCHASE AND SALE FOR CERTAIN
PROPERTIES LOCATED NORTH OF THE LYRIC THEATER IN
SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT,
WITH STEPHEN R. SONSON -- TOTAL PURCHASE PRICE $239,134.40
(PLUS PAYMENT OF 1993 TAXES [$3,045.67], OUTSTANDING
DEMOLITION LIEN [$3,584.67], AND SELLER'S PORTION OF
DOCUMENTARY STAMP TAX) -- ALLOCATE FUNDS FROM
SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT
TRUST FUND -- FOR DEVELOPMENT OF THE SOUTHEAST OVERTOWN
/ PARK WEST REDEVELOPMENT PROJECT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Please, 36.
Vice Mayor Dawkins: Move 36.
Commissioner Plummer: Second. Is there a reverter on 36, that if it does not fly, it comes back
to the City?
Mr. Herb Bailey: Yes, we will include that, Commissioner.
Commissioner Plummer: Thank you.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-835
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR CERTAIN PROPERTIES
LOCATED NORTH OF THE LYRIC THEATER IN THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT, MIAMI, FLORIDA,
BETWEEN THE CITY OF MIAMI AND STEPHEN R. SONSON, FOR A TOTAL
PURCHASE PRICE OF $239,134.40 (PLUS PAYMENT OF THE 1993 TAXES OF
$3,045.29, AN OUTSTANDING DEMOLITION LIEN OF $3,854.67, AND THE
SELLER'S PORTION OF THE DOCUMENTARY STAMP TAX); ALLOCATING
FUNDS THEREFOR FROM INDEX CODE NO. 550108, PROJECT NO. 689001,
ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
DISTRICT TRUST FUND", FOR THE PURPOSE OF DEVELOPMENT OF THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT;
FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE THE NECESSARY
ACTIONS TO CLOSE THE TRANSACTION WITH THE SELLER AS EARLY AS
PRACTICABLE.
(Here follows body of the resolution, omitted here and on file in the Office of the City
Clerk.)
162 November 17, 1994
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.
----------------------------------------------------------------------------------------------------------------
42. RATIFY MANAGER'S ACTION IN DECLARING REPLACEMENT OF
ROOFS AT FIRE STATIONS NO. 2 AND NO. 5 TO BE AN EMERGENCY
AND IN AWARDING CONTRACT TO J. VALIENTE, INC. (BID HA94-3R,
PACKAGE G) -- ALLOCATE FUNDS ($51,854) FROM CIP 313018
(RENOVATIONS OF FIRE STATIONS AND OLD DRILL TOWER).
Mayor Clark: Thirty-seven.
Commissioner Plummer: Move it. I assume this was bidded out.
Mayor Clark: No, on 37.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Thirty-seven, I'm assuming, was...
Vice Mayor Dawkins: I second it, under discussion.
Commissioner Plummer: Mr. Manager, was this bidded?
Mr. Cesar Odio (City Manager): It was done on an emergency basis, because they had serious
problems, and there were bids taken on this and awarded.
Commissioner Plummer: OK. As long as there were bids and that's the low bidder, and most
responsible.
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Go ahead.
Vice Mayor Dawkins: This company, Valiente, if you'll go back and look at all of the Hurricane
Andrew requisitions, you will find that this individual received an excessive, in my opinion,
amount of work.
Commissioner Plummer: I don't have any backup.
Vice Mayor Dawkins: You will also see...
163 November 17, 1994
Mayor Clark: On the part of the City?
Vice Mayor Dawkins: Yes, sir, mm-hmm. Thirty-seven. You will also see that this company...
Commissioner Plummer: I don't have any backup. Who are the other companies? What were
their prices?
Vice Mayor Dawkins: You will see. I don't care about their prices. I'm bringing up an item
that I think needs to be discussed.
Commissioner Plummer: I'll pursue after you do.
Vice Mayor Dawkins: OK. Now, this address is 1770 Northwest 7th Street. And this Valiente,
you will see that a lot of these contracts that was done for roofing and replacement, it said five
thousand dollars awarded to a black contractor, cancelled, rescinded, and awarded to Valiente
Roofing, the same guy who got all this work. Here's another one, twenty thousand, three
hundred and sixty-nine dollars awarded to a black contractor to do a roof, cancelled, award
rescinded, and the award to Valiente Roofers. Another one, thirty-seven thousand dollars
awarded to a black contractor, cancelled, rescinded, and awarded to Valiente Roofing. Here's
another one, thirty-three thousand dollars awarded for roofing work, awarded to a black
contractor, cancelled, rescinded, and awarded to Valiente Roofing. Valiente Roofing seems to
be the prime guy around here for giving work that you don't have to bid. I mean... And I just...
I don't want no explanation. I'm just bringing, putting this in the records that it has happened,
and it is after the fact. All of this work has been done. But I just want you to know that these
things constantly happen. But when you go out and award bids that for... not for bid, they don't
end up with black contractors. They end up with somebody else.
Commissioner Plummer: Has the work been done?
Mr. Odio: Yes, sir. I need to put this on the record. I need to...
Mayor Clark: Wait a minute. Let's get an answer to his question.
Mr. Odio: Yes. Let me put this in. I have a letter here from Le -Baker Construction Company,
the lower bid, and it says:
"As per our conversation on the morning of June 17... 27th of 1994, we cannot do
project HA94-2R Fire Station Package A because of mistake in pricing on Fire
Station Number 11. Our financial backers will not fund this project because of
the loss in Fire Station 11."
Then we got another letter on the other bid from the same company rejecting the acceptance of
the bid. So the letters are here, Commissioner.
Vice Mayor Dawkins: Mr. Mayor, Mr. Manager and Mayor, the bids that I read from, purchase
order... Where is it? Account purchase order 74523, 6/1/90-something, OK? That was awarded
to a black firm. The Mayor has these right here. He can get the date off the top. I'm not talking
about the last one. I'm just showing where it's a pattern, that in all of these non-bidded, awarded
jobs, they do not end up with black contractors. And if I get... And here, I'm showing it to you.
OK? Here it is. This is 6/1/94, three million dollars. But it goes to Valiente, now. OK? Here's
another one. Requisition 74521, twenty thousand dollars, awarded to whomever, cancelled,
awarded, rescinded to Valiente Roofing. Valiente Roofing seems to be the fair -headed boy
around here who gets all the work. That's all I'm... And that's all I'm pointing out, Mr.
Manager. I don't have no arguments or nothing.
164 November 17, 1994
Commissioner De Yurre: Mr. Mayor, if I may ask a question. Was this Valiente Company one
of the bidders, also?
Commissioner Plummer: Yeah.
Chief Tracy Jackson: Mr. Commissioner, yes.
Commissioner Plummer: Yes. I have it here.
Commissioner De Yurre: Were they next in line after these two pulled out?
Chief Jackson: Yes. We executed a local vendor preference of them meeting a low bid price,
being within ten percent.
Commissioner De Yurre: OK. Now, in each one of these cases, they were next in line when the
others pulled out?
Commissioner Plummer: No, no, that's not true.
Mr. Jackson: I'm speaking to Stations 2 and 5, which are the items on your agenda.
Vice Mayor Dawkins: No, I'm not talking about 2 and 5. They're talking about 2 and 5.
Commissioner Plummer: You know, for whatever reason, I have to agree with my colleague,
Commissioner Dawkins. You know, there are certain companies around here that get more
business and all the business. You know, Mr. Manager, you know, I've harped on this before,
I'm going to do it again. I don't know Valiente. I don't know Weiss and Woolrich.
Mr. Odio: I don't either, by the way.
Commissioner Plummer: All right. But you know, there's got to be something radically wrong
when an item is bid and one company bids three thousand dollars to do that item, and the other
company bids one hundred and thirty-eight thousand, five hundred.
Mr. Odio: Then they send a letter saying they can't do it.
Commissioner Plummer: There's got to be something wrong. Now, you know, I'm sorry. You
know, you come down to these things here. Valiente is high on Package D.
Mayor Clark: Well, let her explain, J.L. For Christ sake. I got all of you on one side, and I get
noise from the other side. I'm getting tired of it.
Commissioner Plummer: Right here, sir. Go to... There's got to be something wrong
somewhere. You don't go to a bidding.
Ms. Sheiza Revuelta-Ruiz: Commissioners, in Package E, where Valiente bidded three thousand
dollars, and he was the lowest bidder, he made a mistake, that he bid on one building alone. He
was not considered, OK, for that package. Now, MET Construction had thirty-eight, and Le -
Baker had eight thousand, six hundred and forty-nine. Mr. Baker's company made a mistake
when they bidded out the packages. They sent somebody that did not have the knowledge of
taking the measurements correctly, so they rescinded in all their packages, because it was not to
their benefit. So the next lowest bidder, in some of them, it was MET Construction, and the rest
was J. Valiente. Also, J. Valiente was a local vendor.
165 November 17, 1994
Mr. Odio: They get ten percent.
Ms. Revuelta-Ruiz: Right.
Commissioner Plummer: You know that, and it may or may not be true. We, the people who
vote on that have not been told that, in any way, shape or form. Once again, when you don't go
to written bids, this is the kind of problem that you have. You will never know whether you got
the best price of not without it in writing. That's it. Take it from there.
Mr. Odio: See, see, these were written bids.
Ms. Revuelta-Ruiz: This was a written bid. It was bidded...
Commissioner Plummer: You just told me they were vocal, over a phone.
Ms. Revuelta-Ruiz: No.
Mr. Odio: They were called to get... to turn in written bids.
Commissioner Plummer: OK.
Mayor Clark: Item 37, a mo...
Mr. Manuel Gonzalez-Goenaga: Excuse me. Let me make a comment on this particular issue.
Vice Mayor Dawkins: No, wait.
Mayor Clark: Well, go ahead and make a comment.
Mr. Gonzalez-Goenaga: It's very simple. Again, I say that this has been going on, and on, and
on, not only here, unfortunately, at metro, for much bigger amounts. And I strongly urge, and I
want to be on the record for the Federal Government to start reviewing all these procedures here
in the Metro -Dade, and also especially with the FEMA (Federal Emergency Management
Agency) contracts. Thank you very much.
Vice Mayor Dawkins: I move it, and after the vote, I have one statement to make.
Mayor Clark: Call the roll. I second. Call the roll.
166 November 17, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-836
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTIONS
OF THE CITY MANAGER IN DECLARING THE REPLACEMENT OF THE ROOFS
AT FIRE STATIONS NO. 2 AND NO. 5 TO BE AN EMERGENCY AND IN
AWARDING A CONTRACT TO J. VALIENTE, INC., UNDER BID HA94-311,
PACKAGE G, IN THE PROPOSED AMOUNT OF $51,854.00 FOR SAID
REPLACEMENTS; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313018 ENTITLED "RENOVATION OF FIRE
STATIONS AND OLD DRILL TOWER", AS PREVIOUSLY APPROPRIATED BY
CAPITAL IMPROVEMENT PROJECTS ORDINANCE NO. 11139, AS AMENDED,
TO COVER THE CONTRACT COSTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES:
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
Commissioner J. L. Plummer, Jr.
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Before I vote, I'd like to request the staff, whenever you have any situation
like this, please try to document it, when someone has already... is getting out of the bid, or
getting out of the contract. Please pass us a copy so we can have that in front of us.
Commissioner Plummer: Sure would be nice.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Dawkins: OK. Now, I'm going to make one statement, and I want you to hear me
clear. If my name was Miller Dawkins, and I had gotten all of the work since Hurricane
Andrew, had gotten all of the work that this one company has gotten, then I could bid low ball
on any contract that you put out, and end up with it. That's my statement.
Mayor Clark: Thank you.
Commissioner Plummer: Yeah.
Commissioner Gort: Makes sense.
167 November 17, 1994
----------------------------------------------------------------------------------------------------------------
43. AUTHORIZE PAYMENT ($12,800) TO LAW FIRM OF SWEETAPPLE,
BROEKER, VARGAS, P.A. -- FOR LEGAL SERVICES RENDERED
CONCERNING THE EMERGENCY VERIFIED COMPLAINT FOR
DECLARATORY, INJUNCTIVE AND COMPENSATORY RELIEF
PROCEEDINGS IN THE CASE OF CYNTHIA JORDAN, ET A. (DUBARRY
APARTMENTS) VS. THE CITY OF MIAMI (CASE NO. 93-1469 CIV-
NESBITT) -- ALLOCATE FUNDS FROM NUISANCE ABATEMENT BOARD
BUDGET.
Mayor Clark: Item 38.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Commissioner Plummer: Excuse me. Mr. City Attorney, you have reviewed this, and you feel
that this is fair?
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: I move it, Mr. Mayor.
Vice Mayor Dawkins: It's been moved. 1 seconded it.
Commissioner Plummer: Yeah, but I just wanted to get that on the record.
Mayor Clark: All in favor, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign. So ordered.
168 November 17, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-837
A RESOLUTION AUTHORIZING PAYMENT, IN THE AMOUNT OF $12,800, TO
THE LAW FIRM OF SWEETAPPLE, BROEKER, VARKAS, P.A., FOR LEGAL
SERVICES RENDERED IN CONNECTION WITH THE EMERGENCY VERIFIED
COMPLAINT FOR DECLARATORY, INJUNCTIVE AND COMPENSATORY
RELIEF PROCEEDINGS, IN THE CASE OF CYNTHIA JORDAN, ET AL. ("DUBARI
APARTMENTS"), VS. THE CITY OF MIAMI, CASE NO. 93-1469 CIV-NESBITT, IN
THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION; ALLOCATING FUNDS THEREFOR FROM THE BUDGETED
FUNDS OF THE NUISANCE ABATEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------------------ ---------------------------------------------------------------
44. ALLOCATE $30,000 (PLANNING, BUILDING & ZONING DEPT. FY'95
BUDGET) -- FOR COMPENSATION TO CODE ENFORCEMENT BOARD
SPECIAL COUNSEL.
Mayor Clark: Item 39.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Thirty-nine.
Vice Mayor Dawkins: No, that was 39. Thirty-eight was withdrawn.
Mayor Clark: Thirty-eight withdrawn?
Vice Mayor Dawkins: Yeah. Was that 39, Madam Clerk?
Commissioner Plummer: No, that was 38.
A. Quinn Jones, III, Esq. (City Attorney): No, it's 38.
169 November 17, 1994
Vice Mayor Dawkins: Thirty-eight was withdrawn.
Commissioner Plummer: Thirty-nine is merely allocating the money.
Mr. Jones: Thirty-eight you just voted on.
Commissioner Plummer: We voted on 38.
Mayor Clark: All right, 39.
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, if there's no exception.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.94-838
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM
FISCAL YEAR 1994-1995 BUDGETED FUNDS OF THE PLANNING, BUILDING
AND ZONING DEPARTMENT, ACCOUNT NO. 560602-250-421001, FOR
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE
ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
170 November 17, 1994
---------------------- ------------------------------------------------------------------------------------------
45. CLAIM SETTLEMENT: ABILIO CAMPOS, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF ROLANDO RIVERO, DECEASED
($115,000).
Mayor Clark: Forty.
Commissioner Plummer: Is this the one from the Orange Bowl?
Vice Mayor Dawkins: No. This is the one down there for...
A. Quinn Jones, III, Esq. (City Attorney): No. This is the one involving the swat team.
Mayor Clark: You've made a recommendation, haven't you?
Mr. Jones: Yes, sir.
Vice Mayor Dawkins: Move it, with the City Attorney's recommendation.
Mayor Clark: No exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-839
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ABILIO CAMPOS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
ROLANDO RIVERO, DECEASED, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $115,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI (INCLUDING ITS
AGENTS, SERVANTS, AND EMPLOYEES), UPON THE EXECUTION OF A
RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
171 November 17, 1994
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.
.---------------------------------------------------------------------------------------------------------------
46. (A)(Continued discussion) INSTRUCT MANAGER TO REQUEST SPECIAL
COMMISSION MEETING IF EMERGENCIES ARISE DURING THE
SUMMIT OF THE AMERICAS. (See label 7)
(B)WAIVE RENTAL FEES FOR SUMMIT OF THE AMERICAS EVENT IN
COCONUT GROVE CONVENTION CENTER.
Mayor Clark: Now, Mr. Manager...
Vice Mayor Dawkins: Forty-one.
Mayor Clark: I'm asking you, on item 41, to withdraw this, and if you have any emergencies
during this whole period, I will summon a Commission meeting in five minutes. You're not
leaving town, are you?
Commissioner Plummer: Neither am 1, sir.
Mayor Clark: I'm not leaving. You're not leaving, Willy?
Commissioner Plummer: No.
Mayor Clark: And Victor will be around, I'm sure. So we'll just withdraw this, and if you have
any resolutions you got to get passed, we'll call them in five minutes.
Commissioner Plummer: So be it.
Mayor Clark: Next case. No emergency.
Mr. Cesar Odio (City Manager): On item 41, Mr. Mayor, I did need to...
Vice Mayor Dawkins: Move it.
-172. November 1-7, 1994
Mr. Odio: ... pass the Coconut Grove Convention Center.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: Wait a minute. But hopefully, we might be able to get reimbursed
from some of the funds?
Mr.Odio: Yeah. Hopefully.
Mayor Clark: Yes, we are. We're doing our very best.
Commissioner Plummer: OK. At least try.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-840
A RESOLUTION WAIVING THE RENTAL FEE FOR USE OF THE COCONUT
GROVE CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $20,000.000,
IN SUPPORT OF THE "SHOWCASE OF THE AMERICAS", AN EVENT OF THE
SUMMIT OF THE AMERICAS, TO BE HELD DECEMBER 8-10, 1994; SAID
WAIVER CONDITIONED UPON THE ORGANIZERS (1) PAYING FOR ALL
OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT, (2) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (3) COMPLIANCE WITH ANY OTHER 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.
173 November 17, 1994
----------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR
CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 5 (SECOND
BIDDING) B-4558 -- ALLOCATE FUNDS ($223,950, PLUS $27,197
ESTIMATED EXPENSES, TOTALING $251,147) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
i
Mayor Clark: Item 42.
Vice Mayor Dawkins: Move it, because they said it was... it's already spent.
Commissioner Plummer: Forty-two.
Mayor Clark: That's the sidewalk contract.
Commissioner Plummer: Is there anyone of the public that wishes to be heard on this matter?
Mayor Clark: If there were, they'd have showed up.
Commissioner Plummer: Well, just asking for the record, Mr. Mayor. Let no one...
Mayor Clark: Oh, Mr. Wally Lee wants to speak on it.
Commissioner Plummer: Let the record reflect no one showed up, and I move it.
Vice Mayor Dawkins: Second.
Mayor Clark: If that had been the case, J.L., we'd have been here for five days on the first three
items. Cast a unanimous ballot.
174 November 17, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-841
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC., IN THE AMOUNT OF $223,950.00, TOTAL BID OF THE
PROPOSAL, FOR "CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 5
(SECOND BIDDING) B-4558"; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 341175, AS APPROPRIATED BY THE FISCAL YEAR 1993-94
CAPITAL IMPROVEMENT ORDINANCE NO. 11139, AS AMENDED, IN THE
AMOUNT OF $223,950.00 TO COVER THE CONTRACT COST AND $27,197.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$251,147.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
48. ACCEPT BID: BRANCHING OUT, INC. -- FOR ABOVE GROUND TANK
INSTALLATIONS - PHASE TWO B-5579(Y) -- ALLOCATE FUNDS
($234,378, PLUS $34,430 ESTIMATED EXPENSES, TOTALING $269,808)
FROM CIP 311009 -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item. w
Vice Mayor Dawkins: Forty-three. Move it.
Mayor Clark: Anybody shown up?
Commissioner Plummer: Forty-three. Move it.
Commissioner De Yurre: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
175 November 17, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-842
A RESOLUTION ACCEPTING THE BID OF BRANCHING OUT, INC. IN THE
PROPOSED AMOUNT OF $235,378.00, TOTAL BID OF THE PROPOSAL, FOR
"ABOVE GROUND TANK INSTALLATIONS - PHASE TWO B-5579(Y)";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311009, AS
APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT
ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF $235,378.00 TO
COVER THE CONTRACT COST AND $34,430.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $269,808.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
49. ACCEPT BID: REBUILD CONSTRUCTION, INC. -- FOR DORSEY PARK
REHABILITATION - RECREATION BUILDING B-6201-A -- ALLOCATE
FUNDS ($146,662, PLUS $23,293 ESTIMATED EXPENSES, TOTALING
$169,955) FROM CIP 331357 -- EXECUTE CONTRACT.
Mayor Clark: Item 44.
Vice Mayor Dawkins: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
176 November 17, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-843
A RESOLUTION ACCEPTING THE BID OF REBUILD CONSTRUCTION, INC., IN
THE PROPOSED AMOUNT OF $146,662.00, TOTAL BID OF THE PROPOSAL, FOR
"DORSEY PARK REHABILITATION -RECREATION BUILDING B-6201-A"; WITH
MONIES THEREFOR ALLOCATED FROM PROJECT NO. 331357 AS
APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT
ORDINANCE NO. 11139, AS AMENDED, IN THE AMOUNT OF $146,662.00 TO
COVER THE CONTRACT COST AND $23,293.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $169,955.00 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
iVice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Item 45.
Commissioner Gort: Withdrawn.
Mayor Clark. No, 45...
Ms. Matty Hirai (City Clerk): It's been withdrawn, Mr. Mayor.
Mayor Clark: Forty-six.
Commissioner Gort: You got to hear it at six o'clock.
Commissioner Plummer: Forty-six is at six o'clock.
177 November 17, 1994
----------------------------------------------------------------------------------------------------------------
50. DIRECT CITY ATTORNEY TO REQUEST LEGAL OPINION OF STATE
ATTORNEY GENERAL AS TO WHETHER OR NOT THE CHAIRMAN OF
THE PLANNING ADVISORY BOARD CAN SERVE IN THIS CAPACITY
WHILE SIMULTANEOUSLY REPRESENTING HIS CLIENTS' ZONING
INTERESTS BEFORE THE CITY COMMISSION -- DIRECT CITY
ATTORNEY TO ALSO SEEK LEGAL OPINION AS TO WHETHER OR NOT
THE CITY'S BOND COUNSEL CAN LEGALLY REPRESENT CLIENTS
BEFORE THE COMMISSION.
Mayor Clark: All right. Now, you want to bring up that thing about the attorneys now, J-L.?
Commissioner Plummer: Yeah. Tucker, you're here now, good. I'm glad that you're here.
Mayor Clark: Come up on the front row, Mr. Gibbs.
Commissioner Plummer: Some people have come, and it's not a hidden...
Mayor Clark: No, right here. Just sit down for a minute.
Commissioner Plummer: ... it's not a hidden procedure, and have raised the question about you
serving as the chairman of the Planning Board, and also representing clients in Planning and
Zoning, namely, filing a suit against the City of Miami. I have asked the City Attorney, and
whether he's ready to speak to it at this time or not, whether there is a potential conflict of
interest, I think, is a question that has to be resolved. And as far as I'm concerned, Mr. City
Attorney, you can answer it now, or you can do whatever you want, but I think it's been raised
by enough people that that matter has to be clarified as to that position.
A. Quinn Jones, III, Esq. (City Attorney): Well, certainly, I can research it further. You know,
every appearance of impropriety or conflict, not every one is a prohibitive conflict. Certainly, I
think, for all parties concerned, perhaps the best thing may be to get an opinion from the
Commission on Ethics. Perhaps Mr. Gibbs would like to address it, but I can't say definitively
that it is. Certainly, it may be an appearance to some people that it is somehow a conflict, but
only the Commission on Ethics can basically say definitively whether it is.
Commissioner De Yurre: So you're saying that I, as an attorney, I can work here in the City of
Miami, also?
Commissioner Plummer: That's the same scenario.
Mr. Jones: No. First of all, you have a tripartite set of rules governing conflict of interest, The
City of Miami has a specific set, Dade County has a specific set, the State of Florida has a
specific set. Now, what necessarily may violate the State statute may not violate the City's
conflict of interest or the County's, or vice -versa. So in each instance, you have to look at the
tripartite analysis and see whether, in fact, there is a conflict of interest. Certainly, there's
certain prohibitions on contracting with one's own agency, meaning that you couldn't contract
with the City of Miami. You couldn't appear before you own board, meaning you couldn't
appear before this City Commission; those types of prohibitions.
Commissioner De Yurre: How would you like to see me suing the City of Miami on behalf of a
client?
178 November 17, 1994
Commissioner Plummer: Well, that's... I think there's two points here.
Mr. Jones: Yeah.
Commissioner Plummer: Victor, if I may. Number one is that he sits as a chairman of the
Planning and Zoning, and represents clients in the City of Miami on planning and zoning, is one
issue. I think the second issue, and the one that concerns me more than anything, is that he is
representing a client or clients, plural, in a planning and zoning matter against the City.
Mr. Tucker Gibbs: Can I just address that?
Commissioner Plummer: Those are the two issues.
Mr. Gibbs: And I understand those issues. I have...
Commissioner Plummer: Just for the record, Victor, if they die in the City, I'm still going to
bury them.
Commissioner De Yurre: There's no conflict in that.
Mr. Gibbs: This is true.
Mayor Clark: Are you being paid by the City? Do you receive any money every month for
being on the Planning and Zoning Board?
Mr. Gibbs: I think I do, yes. I think I receive... I'm not sure what the amount was. It used to be
like a dollar seventy, I think, I received.
Mayor Clark: You're actually an employee of the City at that time.
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: Two hundred a month.
Mr. Gibbs: Well, that's another question, whether I'm considered an employee. I called the City
Attorney's Office about that several months ago, and I was told I was not an employee.
Mr. Jones: Yeah.
Commissioner Plummer: Well, he gets not only compensation, but he gets medical care.
Mr. Jones: And I think those matters, Tucker, if...
Mr. Gibbs: That's a legislative matter.
Mr. Jones: Correct me if I'm wrong. In those matters where you may have had a personal
interest of some sort, that you've abstained.
Mr. Gibbs: That was what I wanted to say for the record. As a member of the Planning
Advisory Board, I have made a point of talking to the City Attorney's Office, and asking the
City Attorney's Office whether I have a conflict in certain situations. It's been very simple. I've
had two conflicts in the... over six years I think I've been on the Planning Advisory Board, none
of which deal with the issue of a lawsuit. One deals with an issue that was heard last night, and
179 November 17, 1994
one that was heard a month before. And on those issues, I left the room, and I left the building.
I did not talk to City staff on those issues. And that was on the advice of the City Attorney's
Office. I've also called the Ethics Commission and spoken with the Ethics Commission on that
particular issue of my apparent conflict, or whatever conflict it might be, in front of the Planning
Advisory Board.
Mayor Clark: One question, one question. Do you really think it's cricket for you to go out and
sue the City of Miami?
Mr. Gibbs: Whether it's a matter of it being cricket or not is something that I would be...
Mayor Clark: Or be "watch it" or anything else.
Mr. Gibbs: Or, yeah, or baseball, or whatever. My point is, is that when I appeared in front of
this board, in front of this City Commission on the issue that the lawsuit is being heard on right
now in front of the Circuit Court, I remember, Mayor Clark, you saying, and Commissioner
Plummer, I think every single one of you said, this is an issue that's going to be heard in court.
And it's a legal issue. And I'm not going to get into the merits of that particular legal issue, Mr.
City Attorney. But I do want to say two things: That when I appeared, and Commissioner
Plummer asked specifically if I was being paid to appear at that meeting, and I said I was...
Commissioner Plummer: Well, that's for the purpose of registering as a lobbyist.
Mr. Gibbs: I understand that, but I did tell you I was being paid. I was a registered lobbyist.
And then when the issue came up... And the issue that I brought forth was a legal issue. The
focus was the legal issue, whether or not the City Commission could say no to a plat. And that
question...
Mayor Clark: But listen. But listen.
Mr. Gibbs: But I'm getting to your answer. That legal question, when you all voted on the
issue, each one of you or several of you said, we're going to deal with this in court. It was very
clear that I was the attorney of these people who came in front of you. It was very clear that we
were going to take this matter into court. The issue is a purely legal one. It's not a personal one.
It's an issue of law. And, yes, I do think that if I'm a member of the Planning Advisory Board...
And by the way, I don't think this is a planning issue. This is a public works issue. The issue in
court deals with the actions of the Public Works Director. It does not deal with planning issues.
It's a totally separate issue from my sitting on the Planning Advisory Board.
Mayor Clark: Well, why did you have to abstain then?
Mr. Gibbs: Because the City... I don't agree that I had to abstain, but I take my advice of my
City Attorney. If my City Attorney advises me to abstain, I'm going to abstain. That's the
prudent thing, and that is cricket.
Commissioner Plummer: Well, my dear friend, Eddie Gong, says it don't have to be wrong, but
if it looks wrong, it's wrong.
Mr. Gibbs: Well...
Commissioner Plummer: You know, I've got a problem, Tuck, I'll be honest with you. I got a
problem with you receiving compensation from the City, serving as the chairman of the Planning
Board, and turning around and suing the City. I got a problem with that.
180 November 17, 1994
Vice Mayor Dawkins: Joe Carollo was on the City Commission, he sued the City of Miami and
won.
Commissioner Plummer: Who did?
Vice Mayor Dawkins: Joe Carollo.
Commissioner Gort: That's not a City employee.
Mr. Gibbs: I think I have certain ability as an attorney to represent my clients. I want to be able
to represent my clients.
Commissioner Plummer: I would ask, Mr. Mayor, let's do as the City Attorney recommended. I
would ask at this time that the City Attorney proffer the scenario to the Attorney General, or the
Ethics Commission, and let's get a ruling, let's get it on top of the table...
Mayor Clark: So we don't have to keep asking questions.
Vice Mayor Dawkins: It's not illegal. It's nothing illegal.
ComL.iissioner Plummer: ... so that we won't have to have any scuttlebutt or backroom talk in
the future. I would move such at this time.
Mayor Clark: No problem. Any exception?
Commissioner De Yurre: Include Commissioners, too, on that issue.
Commissioner Plummer: You want me to stop burying?
Mr. Gibbs: Thank you.
Mayor Clark: OK.
Commissioner Plummer: You know, my customers don't make appointments.
Mayor Clark: Cast a unanimous ballot.
181 November 17, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-844
A MOTION DIRECTING THE CITY ATTORNEY TO REQUEST A LEGAL
OPINION OF THE ATTORNEY GENERAL OF THE STATE OF FLORIDA OR THE
STATE OF FLORIDA ETHICS COMMISSION FOR THE PURPOSE OF
OBTAINING A RULING AS TO WHETHER OR NOT THE CHAIRMAN OF THE
PLANNING ADVISORY BOARD CAN CONTINUE TO SERVE IN HIS PRESENT
CAPACITY, AND SIMULTANEOUSLY REPRESENT ZONING INTERESTS OF
HIS CLIENTS BEFORE THE CITY COMMISSION DURING ITS PROCEEDINGS;
FURTHER DIRECTING THE CITY ATTORNEY TO ALSO SEEK A LEGAL
OPINION REGARDING WHETHER OR NOT THE CITY'S BOND COUNSEL CAN
LEGALLY REPRESENT CLIENTS BEFORE THE CITY COMMISSION.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor, can we revisit item 6 that was deferred for the afternoon?
Commissioner Plummer: Item 6.
Commissioner De Yurre: The medical insurance issue.
Commissioner Plummer: Oh, oh, oh.
Mayor Clark: All right.
Commissioner Plummer: OK.
182 November 17, 1994
A. Quinn Jones, III, Esq. (City Attorney): Item 6?
Commissioner Plummer: Yeah, the medical insurance.
Mr. Gibbs: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Gibbs: Can I add one thing? And I forgot, and I apologize. One of the questions you may
want to ask the Ethics Commission or the Attorney General, is it appropriate for counsel to the
City or anybody else employed by the City...
Commissioner De Yurre mentioned City Commissioners being able to represent clients, and to
sue the City. I think that also, bond counsel to the City should be addressed, as well, if we're
going to get into this whole issue of conflict, and I would hope that you all would do that.
Commissioner Plummer: Give me an example of what you mean.
Mr. Gibbs: Well, do you have bond... Does bond counsel for the City also represent clients in
front of the City on other matters?
Commissioner Plummer: I'm sure.
Mr. Gibbs: OK. I think that's an issue that also should be addressed. Thank you.
Commissioner De Yurre: Is bond counsel employed by the City, as an employee, or are they
hired as a contractual situation?
Mr.Odio: Contractual.
Commissioner Plummer: Hey, I... Excuse me. I see no reason why we can't ask that question.
Mayor Clark: Sir, go ahead. Now, let's move on. All right. Mr....
Commissioner Plummer: We can ask that question.
183_ November 1-7, 1994
----------------------------------------------------------------------------------------------------------------
51. (A) APPROVE MEDICAL INSURANCE ($5,000) FOR LEGAL
COUNSEL FOR: (1) CODE ENFORCEMENT BOARD, (2) CIVIL
SERVICE BOARD, AND (3) NUISANCE ABATEMENT BOARD.
[Note: This motion was immediately rescinded and readopted as
Resolution 94-846.]
(B) RESCIND 94-845 -- APPROVE MEDICAL INSURANCE ($5,000)
FOR LEGAL COUNSEL FOR: (1) CODE ENFORCEMENT BOARD,
(2) CIVIL SERVICE BOARD, AND (3) NUISANCE ABATEMENT
BOARD -- STIPULATE THAT COUNSEL FOR SAID BOARDS
SHALL RECEIVE ANNUAL PAYMENT OF $30,000, PLUS
MEDICAL INSURANCE.
----------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. De Yurre, you have the floor.
Commissioner De Yurre: Well, J.L., I deferred this item, and it's his item, but I think it's
something that needs to be heard. Armando Bucelo, which is the individual, pretty much, that's
affected by this matter has been here, pretty much, all day, and I'd like to let it come to a head,
one way or another.
Commissioner Plummer: Well, that's the reason... He came to me and asked me to put it on the
agenda. I told him that I would do such, and here it is, because it's been lingering for six months
as to what is going to happen, yes or no. The question has come up as to, if you do it for one,
you got to do, in the interest of fairness, for all. And, you know, where is an equitable answer?
That's the question.
Mayor Clark: Yeah, get up. Better get up before you get...
Commissioner De Yurre: Do we have a recommendation from the Administration? Cesar?
Mr. Armando Bucelo: May I, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: Sure, you can.
Mr. Bucelo: Armando Bucelo, 2828 Coral Way. Commissioner, Mr. Mayor, Vice Mayor and
Commissioners, the issue at hand is... And I agree with what you're saying, Commissioner.
You and I talked about this and you've been very encouraging.
Commissioner Plummer: Many times. Many times.
Mr. Bucelo: The Mayor has met with me. A month ago, I met with Vice Mayor Dawkins at his
office, and he was startled that I was not insured. He said, insurance is a must. I've discussed it
with Commissioner Gort, and, of course, Commissioner De Yurre. I just want a little bit of
history in less than sixty seconds. I've been a board attorney, special counsel for the Code
Enforcement Board, for eight years. When I got on the board, Mayor Clark, the comment, the -
shall we say "promise" - was, you get gradual increase in salary, as well as insurance. I went
i eight years before an increase. This year, for the very first time, it was raised from eighteen
thousand to thirty thousand. Very first years. Eight years with no increase, ever, and no
184 November 17, 1994
insurance. Number one. Number two, I think it's important to note that this is a self-sufficient
board. We're talking approximately one seventy-five to two hundred fifty thousand dollars a
year that goes into the general fund. Expenses - and I just verified with the Clerk of the Court -
expenses on Code Enforcement are merely fifty-seven thousand dollars. I think it would be
unfair to compare all the boards to Code Enforcement. We are a self-sufficient board. In other
words, we produce in excess of two hundred thousand every year to the general fund, from
which only fifty-seven thousand, including my salary, is paid. I don't see the point but not... I
don't want an increase in salary, Mr. Mayor. We discussed this. The Mayor's office asked me
to conduct an investigation and I did. I cannot be insured through City insurance, which is what
I would want. As a matter of fact, that's what Vice Mayor Dawkins asked me when I met with
him a month ago, "Why can't we do it through City insurance?" I go, "Commissioner Dawkins,
we checked. It cannot be." Then I was asked to submit a few proposals to see what the cost of
insurance was. I did that, and I submitted that to the Mayor's office. As Commissioner
Plummer has indicated, this has been bouncing around for, my God, for seven and a half, eight
years, especially the last six months. All I want is... All I want is insurance. I think that's not
asking a heck of a lot. I got a family, we all do, and I think... I think the board covers the
insurance, which you're talking probably eight, nine hundred dollars a month. My board pays
for that.
Commissioner Plummer: How much?
Ms. Cheryl Goicoechea: It's about five thousand a year.
Mr. Odio: It's five thousand a year per each counsel, because you would have to do it for all
three of them.
Mr. Bucelo: May I ask something, Mr. Manager? Would that be... When you say five
thousand, it would be through the City?
Mr. Odio: The cost to the City.
Mr. Bucelo: Oh, OK. I stand corrected. When you and I met, Mayor, it was around ten
thousand dollars.
Commissioner Plummer: Well, who told me eleven thousand?
Mr. Odio: We have... Because of what actions we took this year, we have saved half of the cost.
Mr. Bucelo: Oh. That's even better news. I spoke with Mayor Clark and when, again, Vice
Mayor Dawkins asked me, I said ten and...
Mayor Clark: They can't be covered... They can't be covered by the City policy, right?
Mr. Odio: Well, this is additional. They cannot be considered City employees, so this is
additional premium.
Mr. Bucelo: It would be through the City policy, Mr. Manager.
Mr. Odio: City policy, but we have to pay an additional five thousand a year per each counsel.
Mr. Bucelo: That's even better.
Commissioner De Yurre: How many counsel do we have?
185 November 17, 1994
Mr. Odio: Three.
Commissioner De Yurre: Three. So that would be fifteen thousand.
Mr. Bucelo: We were looking at eleven when Mayor Clark and I met.
Mayor Clark: Well, wait, wait, now. Don't make it look so bad. Who are the others?
Mr. Bucelo: No, no. I'm not making it look bad. I'm just saying...
Mayor Clark: Who are the others?
Commissioner De Yurre: Well, the others are... What other two boards are involved in this
situation?
Commissioner Plummer: Nuisance Abatement.
Mr. Odio: It's the Nuisance...
A. Quinn Jones, III, Esq. (City Attorney): And Civil Service.
Mr. Odio: And Civil Service.
Commissioner Plummer: Civil Service, is there outside counsel on that?
Mr. Jones: Yes.
Vice Mayor Dawkins: Those are the only attorneys we pay?
Commissioner Plummer: Who is the outside counsel?
Mr. Odio: On boards.
Mr. Jones: Those are the only board. Only boards.
Vice Mayor Dawkins: I mean the only boards. Those are the only boards that have attorneys?
Mr. Jones: Yes. Civil Service, Mark Valentine; and Nuisance Abatement, Doug Broeker.
Mayor Clark: All right. If that's the cost, I'm going to move the five thousand dollars for the
three attorneys, and that's the end of it right there.
Commissioner De Yurre: I would so move.
Commissioner Plummer: Second.
Mr. Bucelo: Thank you.
Vice Mayor Dawkins: I'm voting no.
Mayor Clark: Wait. Let me get to the roll call first.
Commissioner Gort: Under discussion, Mr. Mayor.
186 November 17, 1994
Commissioner Plummer: Well, I think that the potential is that the other two attorneys might not
even need it if they're covered somewhere else.
Mr. Jones: That's true.
Commissioner De Yurre: Well, let's... We make it available to them.
Mr. Odio: But we have to make it available, because...
Mayor Clark: Call the roll, Madam Clerk. He had a second with Willy.
Commissioner Plummer: Just to clarify the record, Mr. Mayor...
Mayor Clark: You seconded, Victor?
Commissioner De Yurre: Well, I made the motion, but I'll second it if you want me to.
Ms. Matty Hirai (City Clerk): He moved it. He moved it.
Commissioner Plummer: He made the motion. He can't second it.
Mayor Clark: I made the motion. What are you talking about?
Commissioner De Yurre: I'll second it.
Mayor Clark: All right.
Ms. Hirai: Oh, all right.
Mayor Clark: Call the roll.
Commissioner Plummer: Let me ask a question. What will he have to pay as his portion of the
insurance?
Commissioner Gort: Nothing.
Commissioner Plummer: Yeah, it's... Oh, yeah, he's got to pay.
Ms. Goicoechea: Thirteen hundred.
Commissioner Plummer: OK. He's got to pay thirteen hundred of the five thousand; is that
correct?
Ms. Goicoechea: Wait. I'm sorry, twenty-five hundred.
Commissioner Plummer: He's got to pay twenty-five hundred of the five.
Ms. Goicoechea: Yeah, twenty-five hundred.
Commissioner Plummer: OK. Just for the record.
Vice Mayor Dawkins: Oh. He pays half of it?
Mayor Clark: Yeah.
187 November 17, 1994
Commissioner Plummer, Yeah.
Vice Mayor Dawkins: OK. That's not a bad deal.
Mayor Clark: Call the roll.
Commissioner Plummer: It's contributory.
Commissioner Gort: Wait a minute. Let's get the facts.
Ms. Goicoechea: For the record, the total cost is seven thousand. Of that, he is going to be
paying a little over two thousand, and the City is paying five.
4
Commissioner Plummer: OK. Just so we understand. And he has the same thing as any
employee, and that is the... Choose or the dual...
Ms. Goicoechea: He would have the dual choice, vision, and dental, and network.
Commissioner Plummer: OK.
Ms. Goicoechea: Medical coverage would be through dual choice. He would have vision and
dental through a network.
Mayor Clark: Thank you, ma'am.
Vice Mayor Dawkins: And other attorneys are... It's available to all other attorneys.
Mayor Clark: Two more.
Vice Mayor Dawkins: The other two.
Mayor Clark: Yes, sir.
Ms. Goicoechea: What I'm hearing, it's going to be available for all attorneys that are on the
boards.
Vice Mayor Dawkins: I don't want to know what you're hearing. I want you to tell me what
you're telling everybody else. Yes or no?
Mr. Odio: There are three attorneys.
Vice Mayor Dawkins: Yes or no?
Ms. Goicoechea: I'm not saying anything.
Mr. Odio: There are three attorneys that would, yes.
Vice Mayor Dawkins: OK. Thank you, Mr. Manager.
Mayor Clark: Roll call.
188 November 17, 1994
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.94-845
A RESOLUTION APPROVING PARTICIPATION IN THE CITY OF MIAMI GROUP
MEDICAL INSURANCE PROGRAM FOR THE ATTORNEYS ENGAGED AS
SPECIAL COUNSELS FOR THE CIVIL SERVICE BOARD, CODE ENFORCEMENT
BOARD AND NUISANCE ABATEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Let's move forward.
Mr. Bucelo: Thank you.
Mayor Clark: Where is the Zoning agenda? That's all we have.
Mr. Odio: Excuse me. We need to clarify something that the City Attorney is asking.
Commissioner Gort: Excuse me. Plummer voted for me. I just want to make a statement, and
the reason... And I can understand Mr. Bucelo's promise and commitment that were made to
him, and I don't have no problem with him. I think he deserves it. The problem that I have, we
were analyzing what we were going to do with all the board members, if we were going to
eliminate that, and we never had. My problem is, what about the board members coming down,
saying, "Our attorney has it, why don't we have it?"
Mr. Bucelo: Commissioner, I submitted an affidavit to you all approximately three months ago.
I think I also cc'd the City Manager, signed by my board members and the Chairman, Ruben
Avila, who is a friend of yours, saying that they were not interested in that, and encouraging
the...
Vice Mayor Dawkins: That's only one board. We're talking about all the boards, sir.
189 November 17, 1994
Mr. Bucelo: No, I'm... Yeah, you're right.
Vice Mayor Dawkins: Well, then, just speak... We're talking about the rest of them.
Commissioner Gort: You got it. I just want to make this statement, that's all.
Mr. Bucelo: No, no. I'm just responding.
Mr. Odio: Excuse me, excuse me.
Commissioner Plummer: You can look at it or be knocking on the door.
Mr. Odio: We need to clarify his compensation.
Ms. Hirai: Yes, yes.
Mr. Odio: We heard him say that he was staying where he was in salary or...
Vice Mayor Dawkins: Yes. What do you want to give him? The store? Go ahead, Mr. City
Attorney.
Mr. Odio: Not me. No, no. He said he...
Mr. Jones: No. Was it the intention of the Commission that he receive the same amount as the
other two board attorneys, or... What was proposed was thirty thousand...
Mr. Bucelo: Was thirty thousand.
Mr. Jones: ... was thirty thousand dollars.
Vice Mayor Dawkins: Wait a minute. Hold it.
Commissioner Plummer: No, no. Whoa.
Vice Mayor Dawkins: No, no, no. Wait a minute. Whoa, back up. Now, tell me what you're
saying in laymen's language so that I understand it; not in lawyer's language.
Mr. Jones: No.
Vice Mayor Dawkins: Break it down into street level for me.
Mr. Jones: OK, bro.
Vice Mayor Dawkins: OK.
Mr. Jones: Now, what I'm asking you, I want a clarification. The attorneys for both Civil
Service and Nuisance Abatement, you approved compensation for fiscal year basis, fifteen
thousand each.
Vice Mayor Dawkins: OK.
Mr. Jones: What had been previously proposed for Mr. Bucelo was an increase to thirty
thousand dollars.
190 November 17, 1994
Vice Mayor Dawkins: All right. Everybody gets thirty thousand.
Commissioner De Yurre: That's what we voted on.
Mr. Jones: No, you didn't.
Mr. Bucelo: That was done in... That was done in January.
Mr. Jones: No, no, no. No, no, no. When this item first came up for discussion last year, the
only change that you made was the change for Mr. Bucelo.
Vice Mayor Dawkins: Mr. City Attorney...
Mr. Jones: Just recently, you voted, the last meeting, you voted fifteen - I mean eighteen
thousand dollars for both Mr. Valentine and for Mr. Broeker.
Vice Mayor Dawkins: All right. I amend my motion to say all attorneys receive insurance, and
all of them get thirty thousand dollars.
Mayor Clark: That's your motion.
Commissioner De Yurre: It's my understanding that they've getting thirty as of recently.
Mr. Jones: No, that's not correct. You never voted on that.
Mayor Clark: All right. Let's vote on it right now. You say thirty?
Vice Mayor Dawkins: Yes, sir, for everybody.
Mayor Clark: And insurance?
Commissioner Plummer: You know, wait a minute. We've talked about his medical. That was
what was on the agenda. I'd like to defer the rest of it and come back and...
Vice Mayor Dawkins: No, sir. Either... No, I don't want to defer it. That's your vote. You got
one vote.
Commissioner Gort: You got to set out the standard.
Commissioner Plummer: Then I got to vote no. OK?
Vice Mayor Dawkins: Well, you vote no, then. Somebody voted no on yours just now.
Commissioner Plummer: OK. I hear you.
Vice Mayor Dawkins: All right. I make a motion that we pay everybody thirty thousand dollars.
If I get a second, we get a vote. If I don't...
Commissioner De Yurre: Plus the insurance.
Vice Mayor Dawkins: Yeah, plus insurance.
Ms. Hirai: Plus the insurance. Second, I need a second.
191 November 17, 1994
Mayor Clark: You second it, Victor?
Commissioner De Yurre: Second, yeah.
Commissioner Plummer: Well, the insurance has already been taken care of in your case.
Ms. Hirai: Commissioner De Yurre seconds.
Mayor Clark: Call the roll.
The following resolutions were introduced by Vice Mayor Dawkins, who moved their adoption:
RESOLUTION NO.94-846
A RESOLUTION AMENDING RESOLUTION NO. 94-721, ADOPTED OCTOBER
27, 1994, WHEREBY AN AMOUNT NOT TO EXCEED $18,000 FROM THE FY '94-
95 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-
250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
CIVIL SERVICE BOARD WAS ALLOCATED, THEREBY INCREASING SAID
COMPENSATION TO AN AMOUNT NOT TO EXCEED $30,000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 94-846.1
A RESOLUTION AMENDING RESOLUTION NO. 94-722, ADOPTED OCTOBER
27, 1994, WHEREBY AN AMOUNT NOT TO EXCEED $18,000 FROM FISCAL
YEAR 1994-1995 BUDGETED FUNDS OF THE NUISANCE ABATEMENT BOARD
FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE
NUISANCE ABATEMENT BOARD WAS ALLOCATED, THEREBY INCREASING
SAID COMPENSATION TO AN AMOUNT NOT TO EXCEED $30,000.
192 November 17, 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 resolutions were passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: The way it is, I can't vote for it. Let me clarify. I'm in favor of setting up
standards equally for everyone. I don't have any problem in increasing the salary for everyone,
but I don't think we should add the medical insurance. That's why I vote no.
Ms. Hirai: The issue passes.
----------------------------------------------------------------------------------------------------------
52. EXECUTE NECESSARY DOCUMENTS WITH MARINA FERNANDEZ --
FOR CREATION / FABRICATION / INSTALLATION OF ARTWORK FOR
THE NEW MORNINGSIDE PARK RECREATION BUILDING -- ALLOCATE
FUNDS ($8,500) FROM CIP 331313 (MORNINGSIDE PARK
RENOVATIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next case. What's the Zoning agenda?
Commissioner Plummer: Here we go, Zoning.
Commissioner De Yurre: Mr. Mayor, can... While we get that, can I get a quick resolution in?
Commissioner Plummer: What?
Commissioner De Yurre: From the Administration.
Commissioner Plummer: After eight o'clock at night.
Commissioner De Yurre: A resolution authorizing the City Manager to execute the necessary
documents in a form acceptable to the City Attorney with Marina Fernandez, an individual, for
the creation, fabrication and installation of artwork for the new Morningside Park Recreation
Building, at a cost not to exceed eighty-five hundred dollars, in accordance with the City Code
Section 18-6 pertaining to arts in public places, said artist having been selected pursuant to
Section 18-52.2 competitive negotiations with the participation of Morningside area residents,
allocating funds therefor from the Capital Improvement Project Number 331313 entitled
"Morningside Park Renovations," as appropriated by Ordinance Number 11139 as amended. I
so move.
193 November 17, 1994
Vice Mayor Dawkins: Second.
Commissioner Plummer: This was a competition, Victor?
Ms. Diane Johnson: Yes.
Commissioner De Yurre: Well, I believe so, and you can just...
Ms. Johnson: Yes. We invited six artists to submit to interviews and concepts, and they were
selected by a panel of citizens.
Commissioner Plummer: That will be fine.
Mayor Clark: You moved it, Victor?
Commissioner Plummer: Wait. What is this?
Mayor Clark: Is there a second?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Clark: Second?
Ms. Hirai: Yes, we have a second, Mr. Mayor.
Mayor Clark: All right. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.94-847
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MARINA FERNANDEZ, FOR THE CREATION,
FABRICATION AND INSTALLATION OF ART WORK FRO THE NEW
MORNINGSIDE PARK RECREATION BUILDING AT A COST NOT TO EXCEED
$8,500.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROJECT NO. 331313, ENTITLED "MORNINGSIDE PARK
RENOVATIONS", AS APPROPRIATED BY ORDINANCE NO. 11139, AS
AMENDED.
194 November 17, 1994
(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 Stephers P. Clark
NAYS: None.
ABSENT: None.
NOTE: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY TABLES CONSIDERATION OF THE REGULAR
AGENDA ITEMS IN ORDER TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.]
195 November 17, 1994
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 17th day of November, 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 4:41 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Wifredo Gort
ABSENT:
Commissioner Victor De Yurre
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
196 November 17, 1994
----------------------------------------------------------------------------------------------------------------
53. GRANT FINAL APPROVAL OF THE LANDSCAPING PLAN AND
PROCESS CLASS II SPECIAL PERMIT FILE (94-2593) -- FOR
DEVELOPMENT WITHIN THE SD-13 S.W. 27 AVENUE GATEWAY
DISTRICT AT 3052 S.W. 27 AVENUE, CONDITIONED UPON
SUBSTITUTION OF SIX SABAL OR WASHINGTON PALMS (MINIMUM 14
FEET) IN LIEU OF EUREKA PALMS. (Applicant: Pasquale Renzi for Royale
Estates, Inc.)
Mayor Clark: PZ-1.
Ms. Lourdes Slazyk: Good afternoon. For the record, my name is Lourdes Slazyk, from the
Planning, Building and Zoning Department. PZ-1 is a class two special permit which requires
final City Commission approval of the proposed landscape plan. This project is a new five -
story, twenty -unit residential development, which is proposed to be located at 3052 Southwest
27th Avenue. The property is located in the SD-13 Southwest 27th Avenue Gateway District,
and according to Article... Section 613, the landscape plan requires final approval by the City
Commission. The Planning, Building and Zoning Department is recommending approval with
condition that six sabal palms or Washingtonian palms with a minimum height of fourteen feet
be substituted for the Eureka palms as shown on the proposed plans. The recommendation for
approval with this condition is finding that with the substitution, the plans are in conformance
with the character of the SD-13 special district.
Mayor Clark: Where is Miller? Miller?
Vice Mayor Dawkins: Yes?
Commissioner Gort: Mr. Mayor, may I ask a question?
Mayor Clark: Come on.
Vice Mayor Dawkins: All right, sir.
Mayor Clark: Go ahead.
Commissioner Gort: Does staff recommend to set the landscaping in this public hearing?
Mr. Sergio Rodriguez (Assistant City Manager): As amended, yeah.
Commissioner Gort: OK.
Mayor Clark: All right.
Vice Mayor Dawkins: Second.
Mayor Clark: There's no one shown in opposition. We close the hearing.
Commissioner Gort: Move it.
Mayor Clark: Moved by Mr....
197 November 17, 1994
Vice Mayor Dawkins: Gort. Seconded by Dawkins.
Mayor Clark: Cast a unanimous ballot for those present, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-848
A RESOLUTION, WITH ATTACHMENT, GRANTING FINAL APPROVAL OF THE
LANDSCAPING PLAN, ATTACHED HERETO AS EXHIBIT "A" AND MADE A
PART HEREOF, AND DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF THE PLANNING, BUILDING AND ZONING DEPARTMENT TO
PROCESS CLASS II SPECIAL PERMIT FILE NO. 94-2593, PURSUANT TO
SECTION 613.3 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR DEVELOPMENT WITHIN
THE SD-13 SOUTHWEST 27FH AVENUE GATEWAY DISTRICT, FOR THE
PROPERTY LOCATED AT 3052 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), CONDITIONED UPON THE
SUBSTITUTION OF SIX SABAL PALMS OR WASHINGTON PALMS, EACH TO
BE A MINIMUM OF FOURTEEN FEET IN HEIGHT, IN LIEU OF THE EUREKA
PALMS INDICATED ON EXHIBIT "A".
(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
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Clark: Item 2.
Vice Mayor Dawkins: Item 2, move it. Wait. What's the recommendation of the
Administration?
Mr. Sergio Rodriguez: Approval, with some...
Vice Mayor Dawkins: Move it with the recommendation of the...
Mr. Rodriguez: With changes, yeah.
Mayor Clark: Are there persons in opposition?
Ms. Matty Hirai (City Clerk): Item PZ-2, I show as withdrawn. You mean PZ-3?
Commissioner Gort: Right. PZ-2, withdrawn.
198 November 17, 1994
----------------------------------------- ----------------------------------------------------------------------
54. AMEND THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL
IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS
(RESOLUTIONS 87-1148 AND 87-1149, AS AMENDED BY 91-698) -- FOR
THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA), WITH THE
EXCEPTION OF THE SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT AREA -- AMEND MASTER DEVELOPMENT ORDER
TO CORRECT NAME OF DEPARTMENT; EXTEND MASTER
DEVELOPMENT ORDER AND INCREMENT III BUILD -OUT /
TERMINATION DATES FROM DECEMBER 31, 2007 TO DECEMBER 30,
2014; AMEND INCREMENT I DEVELOPMENT ORDER TO EXTEND
BUILD -OUT / TERMINATION DATE OF INCREMENT I FROM
DECEMBER 30, 1997 TO DECEMBER 30, 1999, SIMILARLY EXTENDING
DATE FOR PROTECTION AGAINST DOWNZONING; EXTEND DATE FOR
COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1994 TO
MARCH 15, 1997, AND EXTEND TIME TO CONTRACT FOR
CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM 8 TO
10 YEARS FROM EFFECTIVE DATE OF DEVELOPMENT ORDER; AND
AMEND INCREMENT II BUILD -OUT DATE FROM DECEMBER 31, 1998
TO DECEMBER 30, 2005. (Applicant: Downtown Development Authority.)
Vice Mayor Dawkins: PZ-3.
Mayor Clark: OK. PZ-3.
Vice Mayor Dawkins: Move it. What's the recommendation of the Administration?
Mayor Clark: Both approval.
Ms. Lourdes Slazyk: Approval.
Mr. Rodriguez: But we have to put something on the record on this one.
Ms. Slazyk: Yeah.
Commissioner Gort: Yes.
Ms. Slazyk: PZ-3 and 4 are companion items to amend the Downtown Development of
Regional Impact. On P7.-4., I need to add a condition into the record that was requested by DCA
(Department of Community Affairs).
Mayor Clark: Are we on PZ-3 or 4?
Ms. Slazyk: On 4, PZ-4. Three, we're recommending approval as presented, and the Planning
Advisory Board recommended approval unanimously.
Mayor Clark: All right. You got everything in there you need?
Ms. Slazyk: On PZ-4, we want to add a condition that in the event the City enters into an
interlocal agreement with Dade County to develop Bicentennial Park and the FEC (Florida East
199 November 17, 1994
Coast) tract as a marine facility, the City will require that the marine facility op... Any marine
facility operation changes from the schedule identified in Attachment D of the notification of
proposed change, dated September 7, 1994, and increased impacts to weekly p.m. peak hour
traffic are projected to occur, the City will simultaneously increase marine facility use and
decrease other approved uses so that the regional impacts of the land uses as changed will not
exceed the adverse regional impacts of the land uses in increment one of the project as originally
approved, as measured by total peak hour vehicle trips. The Florida Department of Community
Affairs will review and approve such changes to marine facilities.
Mayor Clark: All right.
Vice Mayor Dawkins: And you understand that?
Mr. Rodriguez: Yes, sir.
Vice Mayor Dawkins: You understand that fully?
Ms. Slazyk: Yeah.
Vice Mayor Dawkins: OK, no problem. Go right ahead.
Mayor Clark: Still on PZ-4?
Commissioner Gort: Being... I move PZ-3 and PZ-4.
Vice Mayor Dawkins: I second.
Commissioner Gort: Are we going to take it separate, or do you want to take it together?
Joel Maxwell (Assistant City Attorney): Separate votes are needed.
Ms. Matty Hirai (City Clerk): Separately, yes.
Commissioner Gort: Separate? OK.
Mayor Clark: tall the roll on 3, with the recommendations.
Commissioner Gort: I move PZ-3.
Vice Mayor Dawkins: And I second it.
200 November 17, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-849
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I
DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87-1149 ADOPTED
DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91-698 ADOPTED
SEPTEMBER 26, 1991), FOR THE AREA OF THE CITY OF MIAMI UNDER THE
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED
AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED
HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA THEREBY AMENDING THE MASTER
DEVELOPMENT ORDER TO CORRECT THE NAME OF THE DEPARTMENT;
EXTENDING THE MASTER DEVELOPMENT ORDER AND INCREMENT III
BUILDOUT/TERMINATION DATES FROM DECEMBER 31, 2007 TO DECEMBER
30, 2014; AMENDING THE INCREMENT I DEVELOPMENT ORDER TO EXTEND
THE BUILD-OUT/TERMINATION DATE OF INCREMENT I FROM DECEMBER
30, 1997 TO DECEMBER 30, 1999, SIMILARLY EXTENDING THE DATE FOR
PROTECTION AGAINST DOWNZONING, EXTENDING THE DATE FOR
COMPLETING AIR QUALITY MONITORING FROM MARCH 15, 1994 TO
MARCH 15, 1997, AND EXTENDING THE TIME TO CONTRACT FOR
CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS FROM EIGHT
YEARS TO TEN YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT
ORDER; AND AMENDING THE INCREMENT II BUILDOUT DATE FROM
DECEMBER 31, 1998 TO DECEMBER 30, 2005; FINDING THAT THE AFORESAID
CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER CHAPTER
380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
(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
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
ABSENT: None.
201 November 17, 1994
----------------------------------------------------------------------------------------------------------------
55. AMEND DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT
(DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS
(RESOLUTIONS 87-1148 AND 87-1149, AMENDED BY 91-698) -- FOR THE
AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE
DOWNTOWN DEVELOPMENT AUTHORITY, WITH THE EXCEPTION OF
THE SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT AREA,
THEREBY AMENDING THE MASTER DEVELOPMENT ORDER BY
CHANGING THE INCREMENT I PROJECT DESCRIPTION,
SIMULTANEOUSLY ADDING A NEW LAND USE CATEGORY AND
INCREASING / DECREASING THE QUANTITIES OF DEVELOPMENT IN
CERTAIN LAND USE CATEGORIES IN INCREMENT I. (Applicant:
Downtown Development Authority.)
-------------------- -------------------------------------------------------------------------------------------
Commissioner Gort: I move PZ-4.
Vice Mayor Dawkins: Second.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-850
A RESOLUTION, WITH ATTACHMENTS, AMENDING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I
DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 87-1149 ADOPTED
DECEMBER 10, 1987, AS AMENDED BY RESOLUTION 91-698 ADOPTED
SEPTEMBER 26, 1991), FOR THE AREA OF THE CITY OF MIAMI UNDER THE
JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DEPICTED
AND MORE PARTICULARLY DESCRIBED IN EXHIBITS 1 AND 2 ATTACHED
HERETO), WITH THE EXCEPTION OF THE SOUTHEAST OVERTOWN./PARK
WEST REDEVELOPMENT AREA, THEREBY AMENDING THE MASTER
DEVELOPMENT ORDER BY CHANGING THE INCREMENT I PROJECT
! DESCRIPTION, SIMULTANEOUSLY ADDING A NEW LAND USE CATEGORY
AND INCREASING AND DECREASING THE QUANTITIES OF DEVELOPMENT
IN CERTAIN LAND USE CATEGORIES IN INCREMENT I; FINDING THAT
THESE CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS PER
CHAPTER 380, FLORIDA STATUTES (1993), AND ARE IN CONFORMITY WITH
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
202 November 17, 1994
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
ABSENT: None.
NOTE FOR THE RECORD: Commissioner De Yurre entered the
ommission c amber at 4.46 p.m., and Commissioner Plummer
entered the Commission chamber at 4:47 p.m.
----------------------------------------------------------------------------------------------------------------
56. GRANT APPEAL OF CAPITAL BANK AND REVERSE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF A
CERTIFICATE OF APPROPRIATENESS FOR INSTALLATION OF A SIGN
ON THE UPPER EAST ELEVATION AT 169 E. FLAGLER STREET
(ALFRED I. DUPONT BUILDING). (Applicant/Appellant: Capital Bank.
Owner: A.I. duPont Building Partners.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: On PZ-5, what's the recommendation of the Administration?
Mr. Sergio Rodriguez (Assistant City Manager): The Planning Department recommends denial
of the appeal, but I believe we have here the applicant, being represented by Ms. Dougherty.
Mayor Clark: OK. Ms. Dougherty. For the record, your name, please.
Ms. Lucia Dougherty: Good afternoon, Mayor and Mr. Commissioners. Lucia Dougherty, with
law offices at 1221 Brickell Avenue, here today representing Capital Bank. With me is Charles
Boyce, who is the executive vice president of the bank, and the chief administrative officer. The
bank is about to lease eighteen thousand square feet of the Alfred 1. duPont Building. This
building is a landmark building in Miami, with a...
Mayor Clark: Let us see the picture out here, will you?
Ms. Dougherty: Sure.
Mayor Clark: I saw him build this building when I was a freshman in high school. Where are
you going to put the name?
Commissioner Gort: Put it over there so we can see it, we can all see it.
Mayor Clark: How big is the sign?
203 November 17, 1994
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Do you have a copy of that, Lucia?
Commissioner Gort: Could you show us a copy with the signs; one with the signs on?
Mr. Bernard Zyscovich: Excuse me?
Commissioner Gort: Do you have another one with the signs on, so we can see the difference?
Mr. Rodriguez: Commissioner Gort, if you want to see the type of letters, also, in your package
in item PZ-5...
Commissioner Gort: Right. I already looked at it, but I want to see what it looks like on the
building itself. Put it next to each other, please, sir. Thank you.
Mr. Zyscovich: This is the west side, which has already been approved. Same letters.
Mayor Clark: Approved by whom?
Mr. Zyscovich: By the Historic Preservation Board.
Mayor Clark: And they're against the sign on the east side?
Mr. Zyscovich: They're against the sign on the east side. They're actually identical situations.
Mayor Clark: Have we heard enough of this item?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: The public hearing is closed.
Vice Mayor Dawkins: Now, we keep saying light. These will be lighted lights, right?
Mr. Zyscovich: They're going to be...
Vice Mayor Dawkins: Alumin...
Mr. Zyscovich: They're not, no. Those are just metal, they're just stainless steel letters.
Vice Mayor Dawkins: You're going to put a light or something on it to shine on? Because
we're talking about "light up Miami." I mean...
Mr. Zyscovich: Yes, we're talking about light up Miami. We intend to do that.
Vice Mayor Dawkins: OK. What do you do to get the approval?
Mr. Joel Maxwell (Assistant City Attorney): You'd have to... There would be a resolution
granting the appeal and reversing the decision.
Vice Mayor Dawkins: All right. I move to grant the appeal.
Mr. Maxwell: With whatever conditions you want to add to it.
204 November 17, 1994
Vice Mayor Dawkins: OK. All right.
Mr. Maxwell: So you need to be clear as to what conditions.
Mayor Clark: Same conditions that are on the west side of the building.
Vice Mayor Dawkins: That's... OK.
Mayor Clark: Is there a second?
Commissioner Gort: I second, that the same conditions apply to the one that was approved
previously.
Mayor Clark: Motion is to approve the appeal.
Commissioner Plummer: Move to approve... Now, wait a minute. Tell me what that does.
Mayor Clark: There's a sign on the west side of the building, the same as they want to put on the
east side of the building.
Commissioner Plummer: All right. If I move and second the motion, does that allow them to do
it, or not allow them?
Vice Mayor Dawkins: Yes. It allows them to do it.
Commissioner Plummer: Then I second the motion.
Mayor Clark: All right. Any further discussion?
Commissioner Plummer: It's not a rooftop sign.
Vice Mayor Dawkins: Is that right, Mr. City Attorney?
Mr. Maxwell: That's correct. Are you adding any conditions or are you...
Vice Mayor Dawkins: Yeah. I want a light, to light it up, to light up Miami.
Mr. Maxwell: All right.
Mayor Clark: No further conditions?
Mr. Rodriguez: Mr. Mayor...
Commissioner Plummer: Were there any other conditions placed on the previous board?
Mr. Zyscovich: To meet all Zoning requirements.
Commissioner Plummer: Well, of course. That's doesn't have... That goes without saying. To
the Administration, do you wish to place any conditions on?
Mr. Rodriguez: We are recommending denial for that one, but I want also to address the fact
that there are also some banners that they are proposing that you should address in your appeal.
Mayor Clark: What are the banners now? That's something different.
205 November 17, 1994
Mr. Zyscovich: OK. This is...
Vice Mayor Dawkins: Wait, now. We've approved the sign. OK?
Mr. Zyscovich: OK.
Vice Mayor Dawkins: And now, you're going to come back and discuss the banners.
Mr. Rodriguez: No. What I want to make sure is, in the appeal, there are two items, the sign and
the banners.
Vice Mayor Dawkins: Now, wait a minute.
Mr. Rodriguez: If you don't address it on the record, you're going to leave it out.
Vice Mayor Dawkins: OK.
Mayor Clark: The sign only is what he's voted on.
Vice Mayor Dawkins: OK. Go ahead.
Commissioner Gort: You got to listen to the whole thing.
Mayor Clark: Any further discussion?
Commissioner Gort: You got to listen to the banners.
Mayor Clark: Well, he's not including that in this. There's no sense in discussing it.
Commissioner Gort: Yeah, it's all one application.
Mr. Zyscovich: It's part of the same appeal application. On the corners of the building...
Commissioner Plummer: It's one item.
Mr. Zyscovich: ... we're proposing to provide... The only part that would attach to the building
is the flag pole about yea long, that would stick out, that would support a banner. The objective
here is for the bank to be able to get something on the corners that would identify the building.
It's impermanent, they're whimsical, they would be seasonal. In other words, if Gusman had a
special opening, a banner might be created for that. There would be a Christmas type of banner
or whatever. They would be part of the street-scape, and, I think, blend in with the existing
character of Flagler Street.
Mayor Clark: Let me say this.
Mr. Zyscovich: Yes.
Mayor Clark: You have a building down at Brickell and 12th, right? Capital Bank?
Mr. Zyscovich: Correct, yes.
Commissioner Plummer: No, this one's at...
206 November 17, 1994
Mayor Clark: You don't call that the Capital Bank Building. You got a Capital Bank sign on
top. You can't miss it for a hundred miles.
Mr. Zyscovich: Right.
Mayor Clark: You didn't put no banners down there. I don't know why you have to bannerize
this thing.
Mr. Zyscovich: Well, the reason is because this building sign will be seen from a distance, but
when you're on the street, on Flagler, you're not going to see it. There are many buildings
around it that would prevent you from viewing it.
Commissioner Plummer: They tell me, Mr. Mayor, that all of the signs on banks are going on on
Velcro.
Mr. Zyscovich: He doesn't need the banner.
Mayor Clark: On what?
Commissioner Plummer: Velcro. Ha -ha-ha.
Mayor Clark: What?
Ms. Dougherty: We don't need the banners.
Mayor Clark: All right. Let's vote on the motion without the banners. Call the roll. It's been
moved and seconded.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-851
A RESOLUTION GRANTING THE APPEAL OF CAPITAL BANK AND
REVERSING THAT PORTION OF THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD WHICH DENIED A CERTIFICATE
OF APPROPRIATENESS FOR THE INSTALLATION OF A SIGN ON THE UPPER
EAST ELEVATION OF THE PROPERTY LOCATED AT 169 EAST FLAGLER
STREET, MIAMI, FLORIDA (THE ALFRED I. duPONT BUILDING), SUBJECT TO
CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
207 November 17, 1994
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: OK. The next item...
Ms. Dougherty: Thank you.
Mayor Clark: You bet.
---------------------------------------------------------------------------------------------------------------
57. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 185 S.E. 14 TERRACE FROM O-OFFICE TO SD-5
BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. (Applicant:
Pointview Towers of Curacao, N.V.)
Mayor Clark: PZ-6.
Vice Mayor Dawkins: What's the Administration's...
Ms. Lourdes Slazyk: Approval.
Mr. Sergio Rodriguez Recommended approval. It's a second reading, and the Zoning...
Vice Mayor Dawkins: Move it. Move it, with the recommendation of the Administration.
Mayor Clark: Are there persons in opposition to item number 6 here present and want to speak
on it? Do you want to speak? Are you the presenter?
Ms. Lucia Dougherty: Yes, sir. Lucia Dougherty, with law offices at 1221 Brickell.
Vice Mayor Dawkins: Are you in favor or against?
Ms. Dougherty: I'm in favor.
Vice Mayor Dawkins: We just approved it. What you got to say, now?
Ms. Dougherty: Nothing.
Vice Mayor Dawkins: OK. Thank you. Go ahead. Call the roll.
208 November 17, 1994
Mayor Clark: On item 6, no opposition?
Ms. Matty Hirai (City Clerk): Commissioner De Yurre seconds.
Mr. Joel Maxwell (Assistant City Attorney): You need a roll call vote.
Vice Mayor Dawkins: Roll call. 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 O-OFFICE TO SD-5
BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT FOR THE
PROPERTY LOCATED AT 185 SOUTHEAST 14TH TERRACE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of October 27, 1994, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Dawkins,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11202.
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.
209 November 17, 1994
-- -------------------------------------------------------------------------------------------------------------
58. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION OF
PROPOSED FIRST READING ORDINANCE TO AMEND 11000 ATLAS,
CHANGING DESIGNATION AT 2521 S. BAYSHORE DRIVE FROM R-1
SINGLE-FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL
AND HP HISTORIC PRESERVATION OVERLAY DISTRICT. (Applicant:
Florence Y. Connally.) (See label 65)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: What's the recommendation on 7?
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Vice Mayor Dawkins: Yes, sir. Go ahead.
Mr. Maxwell: I would recommend that item 7 be taken up after you take up item 10 because...
Vice Mayor Dawkins: After 10?
Mr. Maxwell: Yes, sir, after item 10.
Vice Mayor Dawkins: All right. I will listen to the City Attorney. What is 8? What's the
recommendation of 8?
Mr. Joe McManus: The recommendation is for approval. It's a second reading.
Mr. Sergio Rodriguez (Assistant City Manager): Excuse me. It's not five o'clock yet, _;; d we
have to wait until five.
Mr. McManus: Oh.
Vice Mayor Dawkins: For 8, 9 and 10?
Mr. Rodriguez: All of them from now on.
Vice Mayor Dawkins: OK. So for eight minutes, I can go get a cup of water.
Commissioner Gort: I got to go make a phone call.
Commissioner Plummer: Tucker Gibbs is the attorney on 7; is that correct?
Ms. Hirai: Goes after 10, right?
Vice Mayor Dawkins: OK. I'll be back.
Commissioner Plummer: Huh?
Commissioner Gort: You got to be back in eight minutes.
Ms. Marshall Connally: No. I'm Marshall Connally. I'm representing my mother on number 7.
I was able to make town. I'm from Atlanta.
210 November 17, 1994
Commissioner Plummer: Well, the... Excuse me. It says here Mr. Tucker Gibbs is the agent.
Ms. Connally: Yes, but he is not now. I will be representing.
Commissioner Plummer: You lost out.
Mayor Clark: Can't win them all. What time does that come on? Five o'clock, you say that,
McManus? Five?
Mr. Rodriguez: Five o'clock, sir.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:53 P.M. AND RECONVENED AT 5:08 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
----------------------------------------------------------------------------------------------------------------
59. SECOND READING ORDINANCE: AMEND 11000 TEXT -- SECTION 401
(SCHEDULE OF DISTRICT REGULATIONS) TO ALLOW DISCOUNT
MEMBERSHIP MERCHANDISERS AS A CONDITIONAL PRINCIPAL USE
IN THE C-1 RESTRICTED COMMERCIAL DISTRICT BY SPECIAL
EXCEPTION ONLY, AND ESTABLISHING MINIMUM PARKING
REQUIREMENT -- ADD TWO NEW RESERVED SECTIONS -- ADD
SECTION 944 (DISCOUNT MEMBERSHIP MERCHANDISERS),
ESTABLISHING APPLICABLE REGULATIONS FOR SAID USE -- AMEND
SECTION 2502 (SPECIFIC DEFINITIONS) TO PROVIDE A DEFINITION
FOR DISCOUNT MEMBERSHIP MERCHANDISER. (Applicant: Planning,
Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. What item are we on, Mr....
Mr. Sergio Rodriguez (Assistant City Manager): PZ-8, which is a second reading, and the
Planning Department recommended approval, and the Planning Advisory Board recommended
approval.
Mayor Clark: All right.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Commissioner Plummer: Is there anybody here in opposition?
Mayor Clark: Showing no opposition present, the hearing is closed.
Commissioner Plummer: Read it.
Mayor Clark: All right. Call the roll.
211 November 17, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA: BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW
"DISCOUNT MEMBERSHIP MERCHANDISERS" AS A CONDITIONAL
PRINCIPAL USE IN THE C-1 RESTRICTED COMMERCIAL DISTRICT BY
SPECIAL EXCEPTION ONLY, AND ESTABLISHING MINIMUM PARKING
REQUIREMENT; BY ADDING TWO NEW "RESERVED" SECTIONS; BY ADDING
SECTION 944, "DISCOUNT MEMBERSHIP MERCHANDISERS", ESTABLISHING
APPLICABLE REGULATIONS FOR SAID USE; AND BY AMENDING SECTION
2502, "SPECIFIC DEFINITIONS", TO PROVIDE A DEFINITION FOR "DISCOUNT
MEMBERSHIP MERCHANDISER"; 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 October 27, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11203.
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.
---------------------------------------------------------------------------------------------------------------
60. AMEND 11000, ARTICLE 9, SECTION 926 (SIGNS; SPECIFIC
LIMITATIONS AND REQUIREMENTS) -- ADD NEW SUBSECTION 926.9
(SIGNS OF HISTORIC SIGNIFICANCE) -- PROVIDE PROCEDURES FOR
EXEMPTING DESIGNATED SIGNS OF HISTORIC SIGNIFICANCE FROM
USUAL SIGN LIMITATIONS. (Applicant: Planning, Building & Zoning Dept.)
Mayor Clark: Number 9.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-9 is a second reading, also recommended
for approval by the Planning Department, and for approval by the Planning Advisory Board.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
212 November 17, 1994
Commissioner Plummer: And I want to tell you, what you told me before about the hot air
balloons, you told me were only for seven days at the most, they're temporary signs. Go look on
27th Avenue, my friend.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA: BY AMENDING
ARTICLE 9, SECTION 926 "SIGNS; SPECIFIC LIMITATIONS AND
REQUIREMENTS," BY ADDING A NEW SUBSECTION 926.9 ENTITLED "SIGNS
OF HISTORIC SIGNIFICANCE," AND PROVIDING PROCEDURES FOR
EXEMPTING DESIGNATED SIGNS OF HISTORIC SIGNIFICANCE FROM USUAL
SIGN LIMITATIONS; 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 October 27, 1994, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11204.
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.
NOTE FOR THE RECORD: Commission De Yurre entered the
Commission chamber at 5:11 p.m.
213 November 17, 1994
----------------------------------------------------------------------------------------------------------------
61. DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE
TO AMEND MIAMI COMPREHENSIVE NEIGHORHOOD PLAN'S (MCNP)
GOALS, OBJECTIVES AND POLICIES, INTERPRETATION OF FUTURE
LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX AND MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS -- BY
INCLUDING PROFESSIONAL OFFICES, TOURIST AND GUEST HOMES,
MUSEUMS AND PRIVATE CLUBS OR LODGES AS PERMITTED LAND
USES ONLY WITHIN DESIGNATED HISTORIC SITES / DISTRICTS IN
SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL LAND USE CATEGORIES. (Applicant: Planning, Building &
Zoning Dept.) (See label 64)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item.
Mr. Sergio Rodriguez. PZ-10, before we take PZ-7, Mr. Mayor.
Mayor Clark: All right.
Commissioner Plummer: PZ-7?
Mr. Rodriguez: First PZ-10.
Commissioner Plummer: Is the applicant in favor on PZ...
Mr. Joel Maxwell (Assistant City Attorney): PZ-10 first.
Mr. Rodriguez: First PZ-10.
Commissioner Plummer: Oh. OK.
Ms. Sarah Eaton: Mr. Mayor and members of the Commission, Sarah Eaton, Planning, Building
and Zoning.
Vice Mayor Dawkins: Your item, your item, 7.
Ms. Eaton: PZ-10 is a proposed amendment to the text of the comp. plan to permit certain
adaptive uses for designated historic properties in residential districts. This amendment lists the
permitted uses, such as the bed and breakfast and private clubs or lodges, but restricts the uses to
those properties which require a new use to assure their continued preservation.
Commissioner Plummer: Does this allow a private club to go in?
Mayor Clark: I believe they can still go in, J.L.
Mr. Rodriguez: Right.
Commissioner Plummer: Well, my question is, Mr. Mayor, we've had some real major
problems with private clubs, especially in condos. Now, where does this allow these private
clubs to go into?
214 November 17, 1994
Ms. Eaton: This would only be in designated historic sites or districts. It's already...
Commissioner Plummer: Well, you know, there's a lot of historic sites that are bed and
breakfast today.
Ms. Eaton: And the...
Commissioner Plummer: Does this allow the serving of alcoholic beverages in a private...
Ms. Eaton: That is... The Commission would have to approve the particular properties where
this use would be allowed.
Commissioner Gort: It would have to come in front of us for approval.
Ms. Eaton: Yes.
Mr. Maxwell: Right. That's what 7 is.
Ms. Eaton: Which is PZ-7.
Mr. Rodriguez: PZ-7.
Mr. Maxwell: PZ-7 is one of those.
Mayor Clark: All right. There's a motion on PZ-10.
Commissioner Plummer: Well, as long as it remains a conditional use, it has to come before us,
I would not have an objection.
Mr. Rodriguez: In the case of PZ-10, what we're doing is amending the comprehensive plan to
allow this as a particular use under those categories.
Commissioner Plummer: Without Commission approval?
Mr. Rodriguez: Amendment to the comprehensive plan is to make sure that in the definition that
we have, in residential areas...
Vice Mayor Dawkins: The answer is yes, without your approval. Yes, that's the answer.
Commissioner Plummer: Then I got to vote no.
Mr. Rodriguez: Well, OK.
Commissioner Plummer: If that's the case, then I've got to vote no, because I've sat here too
long, and in too many instances where we'd had bed - not bed and breakfast, because they
weren't popular at the time - where you had the allowance of serving of alcoholic beverages
have caused a problem in a neighborhood. And if it's not with Commission approval of
knowing, each one standing on its own, then I have to vote no.
Mr. Rodriguez: But then you go next...
Ms. Eaton: The Commission would have to...
215 November 17, 1994
Mr. Rodriguez: When you go to PZ-7, it's the item in which we specifically will be dealing with
the zoning issue, and at that point, you may get the applicant to proffer, if that is a concern, that
they will not be serving alcoholic beverages or whatever. In this case, it's a comp. plan
definition to make sure that it's allowable at that point.
Mayor Clark: All right. Motion and a second. Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.)
Mayor Clark: All right, call the roll, Madam Clerk.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DE YURRE AND SECONDED BY
COMMISSIONER GORT, ITEM PZ-10 FAILED BY THE
FOLLOWING VOTE:
AYES: Mayor Stephen P. Clark
Commissioner Victor De Yurre
NAYS: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: From my interpretation that this can be a club, a private club, could go into
the residential areas, I would vote no.
Ms. Matty Hirai (City Clerk): I'm sorry. Your vote is "no," sir?
Commissioner Gort: No.
Ms. Hirai: No.
Commissioner Gort: It's not coming for final approval to us. I have to vote no.
Mayor Clark: I vote yes, but it failed, right?
Ms. Hirai: But it fails. Three "no" votes, sir.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: All right. Call the next item.
Mr. Maxwell: Item 7 would have to be withdrawn then.
Mr. Rodriguez: We cannot hear item 7.
Mayor Clark: Motion to withdraw item 7.
216 November 17, 1994
Vice Mayor Dawkins: Move it.
Mayor Clark: Cast a unanimous ballot.
NOTE FOR THE RECORD: At this point, agenda Item PZ-7 was
wit rawn.
----------------------------------------------------------------------------------------------------------------
62. DISCUSS AND CONTINUE (TO DECEMBER 1ST MEETING)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND ORDINANCE 11000, ARTICLE 4, SECTION 401 (SCHEDULE OF
DISTRICT REGULATIONS) TO ALLOW RETAIL SPECIALTY SHOPS,
INCLUDING THE SALE OF BOATING, FISHING, DIVING AND
SWIMMING SUPPLIES / EQUIPMENT, AND OUTDOOR DISPLAY / SALES
OF BOATS IN PR - PARKS AND RECREATION DISTRICTS AS A
CONDITIONAL ACCESSORY USE BY SPECIAL EXCEPTION ONLY.
(Applicant: Planning, Building & Zoning Dept.)
Mayor Clark: Item number 11. Item 11.
Commissioner Plummer: What does this one do? What does item 11 do? Hello? Anybody
home?
Mr. Joe McManus: Mr. Mayor and members of the Commission, Joe McManus, Deputy
Director, Planning, Building and Zoning. Item 11 is a proposed amendment to the Zoning
ordinance which would allow the outdoor display of boats in our PR (parks and recreation)
districts. In other words, as you know, we have certain facilities in our PR districts which
concessionaires have, and some of those are next to marinas. This would allow the
concessionaire to display and sell the boat on outdoor display.
Mayor Clark: Who sponsored this ordinance? Where did it come from?
Mr. McManus: This was a request to respond to the situation down at Aviation and South
Bayshore, where our vendor, our concessionaire felt that he was inhibited because he could not
properly display boats outside, you know, for sale. So what this ordinance does is accommodate
that situation. It allows him to sell the boats outside.
Commissioner Plummer: Well, how...
Vice Mayor Dawkins: And if we deny it, he cannot sell the boats outside.
Mr. McManus: That's correct.
Vice Mayor Dawkins: OK.
Commissioner Plummer: How does this differentiate between, let's say, the place right next
door, Grove Key? Does he have the right to have boats for sale out in the front?
217 November 17, 1994
Mr. McManus: No. As far as I know, Grove Key is just a rental situation.
Commissioner Plummer: No. They have a provision where they can sell. They're brokers, also,
because we get a percentage of it. That Grove Key is the one over here. And at...
Mr. McManus: Well, I would have to say that it would cover his situation, too.
Commissioner Plummer: Do you recommend this?
Mr. McManus: Yes.
Mayor Clark: Let's hear from the public. Yes, sir.
Mr. McManus: We're only talking about one or two instances, as you know.
Vice Mayor Dawkins: Yeah, but you give that one or to it, and then one or two more want it,
and then one or two more want it, and then one or two more want it.
Mr. Sergio Rodriguez (Assistant City Manager). But I also want to put on the record that this
will require special exception, with approval by the City Commission. So in every case in which
this were to happen, it would have to come before you. You have to have a proper hearing.
Commissioner Plummer: As a conditional use.
Mr. McManus: Yeah.
Commissioner Plummer: OK. That's fine, then.
Mayor Clark: Please, let's go.
Ms. Joyce Nelson: My name is Joyce Nelson, 2535 Inagua Avenue. This allows for the sale of
boats in parks and recreation districts. That's what the issue is about. We are opposed to this.
We don't need the sale of boats in our parks and recreation districts. They can sell their boats
wherever they want, but not in that area. I don't understand why the City Commission would
even consider this.
Commissioner Plummer: Well, wait a minute. Is she saying that there's the possibility that in
Kennedy Park, this would allow the sale of boats?
Ms. Nelson: That's right. That's right.
Mr. McManus: Wait a minute. We're talking about a conditional use again.
Ms. Nelson: Yes.
Commissioner Plummer: Yeah, but I think she makes a damn good point. If, in fact, you can...
this here would give...
Ms. Nelson: Bayfront Park.
Commissioner Plummer: May I finish?
Ms. Nelson: Yes.
218 November 17, 1994
Commissioner Plummer: If this would give the availability of somebody to go into Kennedy
Park, or Bayfront Park, and display and sell boats, I'm not even in favor of that under a
conditional use. That's out of the question, in my estimation.
Mayor Clark: Well, let's move forward. Yes, sir.
Commissioner Plummer: Now, if it's in relation to another commercial venture that presently
exists there, that, I have no problem with.
Mayor Clark: That's another story.
Commissioner Plummer: Of course, it is.
Mr. Jim McMaster: Jim McMaster. I would assume that all the boat sales and everything here at
Dinner Key is grandfathered in. Another item coming up is administrative offices in parks. City
Hall is here, it's grandfathered in, so...
Commissioner Plummer: Excuse me. They're not... I don't know where you're coming up,
Jim, today.
Mr. McMaster: No, no. Another...
Commissioner Plummer: You had bad coffee. They're not grand...
Mr. McMaster: No, another item is to allow offices in the park.
Commissioner Plummer: They're not grandfathered in. They're in by contractual arrangement
that this Commission made. So it's not a grandfather clause, unless you're saying, if this became
law, yes, then they're grandfathered.
Mr. McMaster: No. I meant that the existing uses here in Dinner Key have been here a long
time.
Commissioner Plummer: But it's not grandfathered. It's contractual. We made that agreement,
and we get a percentage, by the way.
Mr. McMaster: Yes, sir. I'm opposed to this, and the fact is, is that your Code already allows
for retail sales of boating, fishing, diving, swimming supplies and equipment, retail specially
shops by special exception. The only change will be the outside display.
Mayor Clark: Thank you, sir.
Mr. McMaster: Thank you.
Mayor Clark: All right. Yes, sir. You keep backing away. What's the matter?
Mr. Ron Nelson: Well, no. Actually, I was trying to think of a couple... I had a couple thoughts
in my mind, and I needed time to collect myself. On this item, as well...
Ms. Matty Hirai (City Clerk): Excuse me. We need your name for the record.
Mr. Nelson: Ron Nelson, 2535 Inagua. On this item, as well, I tend to agree with what everyone
else has said. One thing I wanted to ask. It's out of place at this point, but I don't know how to
219 November 17, 1994
ask otherwise before the Commission. On your PZ-10 item, I think there were a couple people, I
know at least three of us in the public who wanted to say something, but it happened very
quickly, and we were kind of... didn't understand what happened. I didn't hear you ask for
public. I'm very sorry. I stood up and started to come up, and you... and it was like done. And
it does affect item number 7, which is an item that the community has worked very hard on, and
if we could revisit and discuss it a little bit, maybe we can come to a meeting of the minds.
Mayor Clark: Not today. We might bring it back at the next meeting.
Mr. Nelson: But you've already passed it, so how? I don't know if I can do that.
Mayor Clark: We didn't pass it. We denied it.
Unidentified Speaker: It's first reading, not second.
Mr. Nelson: OK, very good. I misunderstood.
Mayor Clark: All right.
Mr. Nelson: Thank you.
Commissioner Plummer: Well, you know, what happens at Watson Island? For example,
Watson Island, they do sell accessories over there. They sell bait and tackle, and that's PR, isn't
it?
Mr. Rodriguez: Right.
Commissioner Plummer: OK.
Mr. McManus: I think what this really addresses is the outdoor display.
Commissioner Plummer: Well, look, let me make my... for my vote. I agree with her. OK? If
this would allow the sale in a park that is a recreational park, absolutely, I wouldn't even want it
on a conditional use. If it would allow contiguous in a PR zone that has a leased contractual
agreement, would have to be with the City, because all PR is owned by us, then on a conditional
use, I have no problem, and the public has a right to come in and voice their opinion. But other
than that, I wouldn't be... I would not vote for it.
Mayor Clark: PZ-11. Now we're...
Commissioner Gort: Mayor Clark, let me ask a question. Why don't we defer this and come
back with more specific language into it...
Commissioner Plummer: Yeah, yeah.
Commissioner Gort: ... so we can get... We understand, we heard from the public, we're...
Commissioner Plummer: Delineate it more.
Commissioner Gort: We're aware of the problem. Come with more specific.
Mr. Rodriguez: OK. So continue to December 1st, and we will come back with new language.
Commissioner Gort: Continue. Move to continue.
220 November 17, 1994
Commissioner Plummer: Yeah, that's fine. I second it.
Mayor Clark: Defer it. Cast a unanimous ballot.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY
COMMISSIONER PLUMMER, ITEM PZ-11 WAS
CONTINUED TO DECEMBER 1, 1994 BY THE FOLLOWING
VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
63. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN [MCNP]), GOALS,
OBJECTIVES AND POLICIES, INTERPRETATION OF THE FUTURE LAND
USE PLAN MAP, RECREATION LAND USE PARAGRAPH -- INCLUDE
CITY OF MIAMI OFFICES AMONG LAND USES PERMITTED IN THE
RECREATION LAND USE CATEGORY. (Applicant: Planning, Building &
Zoning Dept.)
Mayor Clark: PZ-12.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, in relation to that, we have been
advised that we should hear PZ-13 first.
Mayor Clark: Well, how did it get before 13.
Commissioner Plummer: Somebody goofed.
Mr. Joe McManus: These are companion items, PZ-12 and 13. In referring to PZ-13, this is
amendment to comprehensive plan, the goals, objectives, and policies of it, under recreation,
whereby the City of Miami would be allowed to locate City Government offices as permitted
uses within the recreation category.
Commissioner Plummer: I'll move it.
Mayor Clark: You moved it?
Commissioner Plummer: Yes, sir. The reason I move it, I think we have a prime example where
it is absolutely one of the best things around, and that's the Glass House. That's PR.
221 November 17, 1994
Mayor Clark: Where?
Commissioner Plummer: The Glass House, right here in Coconut Grove, in the NET
(Neighborhood Enhancement Team) Administrative offices, in the Glass House. I think it's a
fine example.
Ms. Joyce Nelson: Ready for me?
Commissioner Plummer: Sure.
Ms. Nelson: OK. Joyce Nelson, 2535 Inagua Avenue. The NET office is the best thing that's
ever happened to Coconut Grove so far, and, yes, we do want the NET office in Coconut Grove.
I don't think that the Glass House is the appropriate place for the NET office. There is no
parking there. When I want to visit the NET office, I can't find a place to park, as you well
know, in downtown Coconut Grove. The last time I was there for a meeting, I got a parking
ticket. Right, Christina?
Commissioner Plummer: If you put money in the meter, you wouldn't have that problem.
Ms. Nelson: But the meetings last for three, four hours. You can't run out of the meeting. I
think we could find a better place for our NET office to meet. And I'm sorry, but it's a park, it
was a park, it was used for community use. There used to be ping-pong tables, there used to be
shuffleboard courts, there used to be places for meetings for residents, and now it's a City office.
I think we could find a much better place, and I'm totally against this ordinance.
Commissioner Plummer: It's strange that when the community came down and spoke, they
wanted it for the Coconut Grove Chamber of Commerce, everybody was in favor of it.
Ms. Nelson: Excuse me. I'm not in favor of that at all. They have like twenty thousand
dollars...
Mayor Clark: OK. All right.
Ms. Nelson: ... that they could spend and...
Mayor Clark: Thank you, ma'am.
Ms. Nelson: Before, they were poor. They're not poor any longer.
Commissioner Plummer: OK.
Mayor Clark: All right. What is it?
Mr. Jim McMaster: I'll assume J.L. was joking about everyone being for it. Jim McMaster. If
you look at what's allowed in the comprehensive plan, you're allowed to have, if I remember
correctly, public safety offices. If you can get your Zoning Administrator to decide that a NET
office does deal with public safety, then you wouldn't have to change it. You already allow, by
conditional use, performing arts centers, museums, art galleries, exhibition space, restaurants,
cafes, retailing, public health facilities, clinics and daycare centers, police facilities, marine and
marina facilities, entertaining facilities, you allow fishing piers, repairs or servicing of boats,
seaplane base, dirigible base, heli-stops, retail sales of fishing, boating, diving, and swimming
supplies and equipment, retail specialty shops, boat docks, slips, piers, wharfs, moorings, and
boat rentals.
222 November 17, 1994
Mayor Clark: Jim, Jim, you're against it?
Mr. McMaster: You know, I mean, you know, our parks are pretty well full right now. We do
not want to see City offices in parks. Thank you.
Mayor Clark: All right. Very good. Thank you. All right. What's the pleasure of the
Commission?
Commissioner Plummer: I moved it, Mr. Mayor. I was the one who brought forth, and I'll use
the example, which is, I thought, and I still think that one of the best things that we could do at
Bayfront Park was the use of the laser tower, which is totally nothing now but a homeless
facility, that we could enclose that in, which AT&T (American Telephone and Telegraph) was
willing to pay for, and we could have made that the best looking offices of DDA (Downtown
Development Authority), saved two hundred and seventy thousand dollars. I mean, they had a
plan where they were going to bring in flags of all of the different countries, but because of this
prohibition, we couldn't do it. If you allow this to happen, we can bring that in, we can do it, as
long... I would vote for it as long as it's on a conditional use, that each and every application has
to come before the Commission.
Mayor Clark: On the ordinance. On the item.
Commissioner Plummer: I moved it, sir.
Mayor Clark: Is there a second? Is there a second?
Commissioner Gort: I'll second, for discussion.
Mayor Clark: All right.
Commissioner Gort: Would that be a conditional use, that each park would have to come?
Because I remember this was in front of us.
Commissioner Plummer: Each application.
Commissioner Gort: And we sent it back, and I recommended... because I can understand some
of the problems that some of the individuals have, and I would have, myself, how much of the
park you're going to utilize. One of the things I said is, come back with a percentage. And we
should use this where there is plenty of room and it would not affect the park recreation, the
park, at all. So what I... I remember, when I told you to bring it back, my request was, I would
vote on it if you put a percentage of it, so not the whole park could be used for it.
Commissioner Plummer: Well, Willy, you could do...
Vice Mayor Dawkins: Mr. Mayor.
Commissioner Plummer: If I may. Willy, you could do that at such time as the application,
mandatory, had to be brought before us.
Commissioner Gort: So it's going to be as a conditional use, and each one has to come in front
of us.
Mr. Rodriguez: The companion item, which is PZ-12, requires that in each case, it will come
before the City Commission.
223 November 17, 1994
Mayor Clark: OK.
Commissioner Plummer: Absolutely.
Commissioner Gort: OK.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Mr. Mayor, I can think of Douglas Park, Clemente Park, Curtis Park,
Simpson Park, and a number of other parks where we do not have enough play area now. And
now, you are saying, take a part of the park area, which was designated for recreation and parks,
and put Administration buildings in the park. I just don't see where we're headed. We don't
have enough manpower in the parks, we don't have enough equipment in the parks, we don't
have enough stuff to service the community in the parks, and now, you want to take a part of that
which is there and add Administration buildings. I mean, I just can't vote for it.
Mayor Clark: All right.
Vice Mayor Dawkins: That's just one vote.
Mayor Clark: Call the roll, Madam... Do you want to add something?
Ms. Marshall Connally: Not on this issue.
Mayor Clark: All right. Call the roll.
Ms. Matty Hirai (City Clerk): Mr. City Attorney, this is roll call on PZ-12; is that correct, first
reading?
Mr. McManus: No, no.
Mr. Rodriguez: Thirteen.
Mr. McManus: Thirteen.
Mr. Maxwell: This is 13.
Ms. Hirai: Thirteen?
Mr. Maxwell: Thirteen.
Ms. Hirai: All right.
224 November 17, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, "GOALS,
OBJECTIVES AND POLICIES", "INTERPRETATION OF THE FUTURE LAND
USE PLAN MAP", RECREATION LAND USE PARAGRAPH; TO INCLUDE CITY
OF MIAMI OFFICES AMONG THE LAND USES PERMITTED IN THE
RECREATION LAND USE CATEGORY; DIRECTING TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
NAYS: Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: For the reasons stated before, that it would only be a percentage, and each
application would come in front of us, I will vote yes.
225 November 17, 1994
----------------------------------------------------------------------------------------------------------------
64. (A) (Continued discussion) RECONSIDER PRIOR VOTE ON AGENDA
ITEM PZ-10. (See label 61)
(B) FIRST READING ORDINANCE: AMEND MIAMI
COMPREHENSIVE NEIGHORHOOD PLAN'S (MCNP) GOALS,
OBJECTIVES AND POLICIES, INTERPRETATION OF FUTURE
LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX AND
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE
PARAGRAPHS -- INCLUDE PROFESSIONAL OFFICES, TOURIST
AND GUEST HOMES, MUSEUMS AND PRIVATE CLUBS OR
LODGES AS PERMITTED LAND USES ONLY WITHIN
DESIGNATED HISTORIC SITES / DISTRICTS IN SINGLE FAMILY,
DUPLEX, AND MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL LAND USE CATEGORIES. (Applicant: Planning,
Building & Zoning Dept.) (See label 61)
Mayor Clark: On item 10, we've got to go back to item 10. This lady...
Commissioner Plummer: What item? Wait a minute. Don't...
Mr. Joel Maxwell (Assistant City Attorney): You need to go back to item 12.
Commissioner Plummer: Let's go back to 12.
Commissioner Gort: Twelve.
Mayor Clark: Wait a minute, would you, please. We'll go back to item 10. We've got a lady
here that got... passed out, like somebody else did a while ago. What was the problem on...
Commissioner Plummer: She's on 7.
Ms. Marshall Connally: No, this... I'll have to speak on item 10. My name is Marshall
Connally, and I'm from Atlanta, Georgia, but I will be talking, hopefully, on item 7, for my
mother, Florence Connally, who owns historical property.
Mayor Clark: Well, both of those items have been...
Ms. Connally: All right. Item 10, I believe it's just a technicality, that the comprehensive plan
needs to be consistent with the present zoning. And all the language that is in this, that has been
approved by the Planning Advisory Board, I think that it is best to think that this is the right
forum, but not the appropriate time to discuss all this thing about what might be in the future,
with Commissioner Plummer's question about, "Will liquor be served?" to not address this and
get the comprehensive plan consistent. I don't... I think that's putting the cart before the horse a
little bit, and I think that...
Mayor Clark: You understand her now? You understand?
Commissioner Plummer: No, that's not the case, Mr. Mayor. The history is what's here against
you. If it would be made conditional use, and each application had to come before this
Commission, I was in favor of it.
226 November 17, 1994
1")
Ms. Connally: Yeah.
Commissioner Plummer: But I was told that that is not the case, that it can be done...
Ms. Connally: Commissioner Plummer, there will be checks and balances. The historic...
Commissioner Plummer: You don't hear me. Forget about checks and balances. Forget about
it.
Ms. Connally: The HEP (Historical and Environmental Preservation) Board passes on
everything, and then there will be a public hearing.
Commissioner Plummer: Excuse me. I vote...
Ms. Sarah Eaton: Commissioner Plummer...
Commissioner Plummer: ... and if I have the right to vote on it as an elected official in this
community, then each application stands on its own merit. Have no problem with it.
Ms. Eaton: Commissioner Plummer, that is the case.
Commissioner Plummer: Well, why, when I asked...
Commissioner Gort: They said no.
Commissioner Plummer: ... the question was I told to the contrary.
Mr. Sergio Rodriguez (Assistant City Manager): No. What I was saying to you, that the item 10
is an amendment to the comprehensive plan, which is separate from any zoning changes. This is
to make it allowable in the plan to allow those uses. Then item 7 is the one that is before you
today. It's the one in which you take an action. And in every case where you have an overlay
district, to put the zoning in the property, you have to take an action. It will come to you.
Commissioner Plummer: Each one individually.
Mr. Rodriguez: Each one individually.
Commissioner Plummer: I have no problem, but that's not what I understood.
Ms. Connally: Well, good. Could we revote?
Commissioner Plummer: Sometime between now and '96.
Commissioner. Gort: Move to reconsider.
Commissioner Plummer: I move to reconsider 10.
Ms. Connally: Thank you.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
I
227 November 17, 1994
Mayor Clark: Cast a unanimous ballot.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-852
A MOTION TO RECONSIDER AGENDA ITEM PZ-10 (PROPOSED FIRST
READING ORDINANCE TO AMEND THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN TO INCLUDE PROFESSIONAL OFFICES, TOURIST,
GUEST HOMES, MUSEUMS AND PRIVATE CLUBS, OR LODGES AS
PERMITTED LAND USES ONLY WITHIN DESIGNATED HISTORIC SITES OR
HISTORIC DISTRICTS IN SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES).
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: I now move to approve 10, predicated on the explicit understanding
that each and every application under this provision has to come before this City Commission. I
so move.
Mayor Clark: If there's no exception, cast a unanimous ballot. All right. There's a second.
Call the roll.
i
228 November 17, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN'S GOALS, OBJECTIVES AND POLICIES,
INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, SINGLE
FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
LAND USE PARAGRAPHS BY INCLUDING PROFESSIONAL OFFICES,
TOURIST AND GUEST HOMES, MUSEUMS AND PRIVATE CLUBS OR
LODGES AS PERMITTED LAND USES ONLY WITHIN DESIGNATED
HISTORIC SITES OR HISTORIC DISTRICTS IN SINGLE FAMILY, DUPLEX,
AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE
CATEGORIES; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Item 10.
Commissioner Plummer: No, now we got...
229 November 17, 1994
----------------------------------------------------------------------------------------------------------------
65. (Continued) DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED
FIRST READING ORDINANCE TO AMEND 11000 ATLAS, CHANGING
DESIGNATION AT 2521 S. BAYSHORE DRIVE FROM R-1 SINGLE-
FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL AND HP
HISTORIC PRESERVATION OVERLAY DISTRICT. (Applicant: Florence Y.
Connally.) (See label 58)
Commissioner Gort: We need to go to 7 now.
Commissioner Plummer: Now we got to hear 7.
Ms. Sarah Eaton: Mr. Mayor, members of the Commission, PZ-7 would apply the Historic
Preservation Overlay District to a particular piece of property. This is the Trapp house on South
Bayshore Drive, which is one of the oldest remaining historic houses in Coconut Grove. The HP
Overlay District is intended to be applied only to designated historic sites that require an
adaptive use in order to assure their preservation. The overlay district would allow uses as a
private club or bed and breakfast. But in this case, it's necessary to preserve this historic site
because of the size and location of the subject property. Without the overlay, it is likely that the
Trapp house property would either be demolished or subdivided into multiple lots, a fate that has
happened to most of the surrounding historic estates in this section of Coconut Grove. The
Planning, Building and Zoning Department recommends approval.
Commissioner Plummer: What does the applicant want to do?
Ms. Eaton: The applicant is here, if you'd like to...
Commissioner Plummer: Definitely. On the record, what does she intend to do?
Ms. Marshall Connally: Again, I'm Marshall Connally, 2521 South Bayshore Drive. In meeting
with all the neighborhood groups and the various individual neighbors, they have all suggested,
along with my own thoughts, that a private club would be very much in keeping for the big
house, with bed and breakfast or guest homes, as according to the letter of the law, for the back
two buildings. Now, it really depends. I couldn't go ahead in good conscience and try to do a
final business plan as to what I will end up with there until I get approval.
Commissioner Plummer: Well, then, you're premature, as far as I'm concerned. How do you
define a private club? What would be the circumstances of a private club?
Ms. Connally: Well, I don't believe there's any definition of a private club anywhere in the
language...
Commissioner Plummer: You better find one.
Ms. Connally: ... anywhere in the language of the law. But I...
Commissioner Plummer: Well, private clubs, as we know it here in the zoning atlas, serve
alcohol till five o'clock in the morning.
Ms. Connally: Oh, no.
230 November 17, 1994
Commissioner Plummer: Well, that's the way it is. OK? Now, that's our defini... Am I
correct?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Commissioner Plummer: A private club, is it three o'clock or five o'clock?
Mr. Maxwell: I think they can go to five.
Commissioner Plummer: I think they can go to five a.m., and serve liquor.
Ms. Connally: Really? L.
Commissioner Gort: Mr. Mayor, let me ask you a question. I think we can save some time on
this. My understanding was in front of us today is to change the zoning list on this. We're not
listening to a specific plan.
Commissioner Plummer: Oh, no, no, no. Excuse me. When you change the zoning, this is
what's permitted.
Commissioner Gort: Right, I understand. But in order to allow the permit, the... Whatever she
requests, it's got to come back in front of us with a plan.
Mr. Sergio Rodriguez (Assistant City Manager): No.
Commissioner Plummer: No. She can automatically...
Commissioner Gort: Today, automatically...
Commissioner Plummer: This is an individual application.
Mr. Rodriguez: What would happen then, after this, we have to go to the Heritage Conservation
Board to approve the specific plans to implement this zoning.
Commissioner Plummer: Well, I...
Ms. Connally: Everything would be very defined. And as far as... I'll proffer a covenant to
limit hours, as far as that goes, because we're right across the street from the Coral Reef Yacht
Club.
Mr. Rodriguez: Commissioner...
Commissioner Plummer: Ma'am, if you are... Let me just tell you, for my vote, if you are
anticipating serving of alcoholic beverages, ma'am, I will vote no.
Ms. Eaton: Well...
Commissioner Plummer: That is not for single-family residential areas, which this is. And for
this to be zoned to get a historic overlay, just to be able to serve alcoholic beverages, I'm not
voting for it.
Ms. Connally: That is not my sole intent.
231 November 17, 1994
Commissioner Plummer: Oh, no, I understand.
Ms. Connally: The sole intent, of course, is to preserve this building, because it...
Mayor Clark: Leo? Get the Manager.
Commissioner Plummer: But you can't do it without this. That's what I'm saying. Today, you
cannot serve or have a private club without this overlay being applied.
Mr. Rodriguez: May I suggest a way out of this that might help to give you assurance?
Mayor Clark: Please.
Commissioner Plummer: I tell you how I think it's a way out.
Mr. Rodriguez: Legally, what we can do is, when it goes to the Heritage Conservation Board,
the Planning Department will appeal the decision so that it will come before the City
Commission, if we have any concerns that we might have in relation to any of the things that are
being expressed by you today.
Commissioner Plummer: My personal opinion is that we need to defer this until such time as
she knows exactly what she is going to do. That's the reason for a conditional use.
Mayor Clark: Make a motion. Let's get moving.
Commissioner Plummer: I move to defer until she comes in with a definite plan.
Vice Mayor Dawkins: Second.
Ms. Joyce Nelson: Can we speak, please?
Mayor Clark: No.
Commissioner Plummer: Sure.
Mayor Clark: He asked to have it deferred, and that's what's going to happen.
Commissioner Plummer: When she comes in with a definite plan...
Mayor Clark: Then you'll have a chance to speak to it.
Commissioner Plummer: ... we'll all speak to it.
Ms. Nelson: I still ask that we be able to speak.
Mr. Connally: One question, please.
Mayor Clark: Please, please, ma'am. Motion to defer. No conversation.
j Mr. Maxwell: To what date is that, Mr. Mayor?
Commissioner Plummer: When she comes back with a definite plan. That's up to her.
Mayor Clark: Probably in January. It'll have to be in January. We can't do it by December the
1st, I don't think.
232 November 17, 1994
Commissioner Plummer: It's up to her.
Mayor Clark: It's up to you. Call the roll, Madam Clerk.
Ms. Connally: Well, I'll try for December the 1st, if that's all right, because I can't keep coming
back. While I'm here, I would like to try to take care of this to everybody's satisfaction.
Mayor Clark: We'd like to accommodate you, if we have all the information.
Ms. Connally: Thank you.
Mr. Maxwell: Mr. Mayor, we need a date, because the item would have to...
Commissioner Plummer: Fine. December 1, and if it's not available, we'll defer it again.
That's all right.
Mr. Rodriguez: It's continued until December 1st.
Mayor Clark: Right.
Ms. Connally: Thank you.
Mayor Clark: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO, 94-853
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7 TO
DECEMBER 1, 1994 (PROPOSED AMENDMENT TO ORDINANCE NO. 11000,
CHANGING DESIGNATION AT 2521 SOUTH BAYSHORE DRIVE FORM R-1
SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION
OVERLAY DISTRICT, TO CHANGE THE ZONING ATLAS).
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.
233 November 17, 1994
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66. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 4,
SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- ALLOW AS A
CONDITIONAL PRINCIPAL USE IN PR (PARKS, RECREATION AND
OPEN SPACE ZONE DISTRICT) CITY OF MIAMI, INCLUDING
AUTHORITIES AND AGENCIES THEREOF, ADMINISTRATIVE OFFICES /
CONFERENCE FACILITIES IN EXCESS OF 3,000 SQUARE FEET BY
MAJOR USE SPECIAL PERMIT, AND LESS THAN 3,000 SQUARE FEET
BY SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL.
(Applicant: Planning, Building & Zoning Dept.)
Commissioner Plummer: I think we've got to approve 12 now, don't we?
Mr. Joel Maxwell (Assistant City Attorney): Yeah.
Mayor Clark: Yeah.
Commissioner Plummer: I move 12.
Mayor Clark: Is there a second? Anybody want to speak on 12?
Commissioner Gort: Second.
Mayor Clark: Read the ordinance.
Mr. Maxwell: OK. That would have an effective date of... show an effective date...
Mayor Clark: This is a resolution. You don't have to read this, do you?
Mr. Maxwell: No, sir, this is an ordinance.
Ms. Matty Hirai (City Clerk): It's first reading.
Commissioner Plummer: You know, can I hopefully address, Mr. Mayor, if I may,
Commissioner Dawkins has made a very fine point. I would ask when this comes back for
second reading that you give a proffer as to what is the maximum percentage of any one park
that an administrative office could occupy. I think he makes a good point, Joe, that whether it
be...
Commissioner Gort: That was mine.
Mr. Joe McManus: Well, I...
Commissioner Plummer: Huh?
Mr. McManus: I think that's what...
Commissioner Plummer: I'm sorry, Gort's idea, that it cannot exceed ten percent of the park
lands...
234 November 17, 1994
Mr. McManus: Well, that's exactly what we have...
Commissioner Plummer: ... or five percent...
Mayor Clark: All right. You got it.
Commissioner Plummer: I think...
Mr. McManus: We have that language in here, above and below ten percent of the park goes
into various conditional uses, and also below three thou...
Vice Mayor Dawkins: OK. And also, bring in the total, bring in the total acreage of the park.
Mr. McManus: Well, we got ten...
Vice Mayor Dawkins: Because you could be talking about ten percent of a forty -acre park, and
you could be talking about ten percent of a ten -acre park.
Mr. McManus: And then we also have in excess or below three thousand square feet of building.
Mayor Clark: OK.
Commissioner Plummer: OK. I just think that's only fair.
Mayor Clark: Read the ordinance.
Mr. Maxwell: On item 12, Mr. Mayor...
Mayor Clark: Yeah.
Mr. Maxwell: I would ask that it show an effective date commensurate with Chapter 163.3184.
Commissioner Plummer: Such as? What do you recommend the effective date?
Mr. Maxwell: That would be the exact language that would be for the effective date.
Commensurate with the provisions of Chapter 163.3184.
Commissioner Plummer: What are you telling me?
Mr. Maxwell: Well, what I'm telling you is that this is tied to a comprehensive plan
amendment...
Commissioner Plummer: OK.
Mr. Maxwell: ... and until the comprehensive plan is approved by the Florida Department of
Community Affairs and the appeal period runs, this ordinance can't go into effect, either.
Mayor Clark: Well, pick a date. What date do you suggest?
Mr. Maxwell: There is no date.
Commissioner Plummer: No, no, no. Until they hear it in Tallahassee.
Mr. Maxwell: That language I just gave you is the language that you use.
235 November 17, 1994
Commissioner Plummer: OK.
Vice Mayor Dawkins: OK, good. We'll move it that way.
Mayor Clark: Did you read this? All right. Call the roll, Madam Clerk.
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 AS A CONDITIONAL PRINCIPAL USE IN "PR" (PARKS,
RECREATION AND OPEN SPACE ZONE DISTRICT), CITY OF MIAMI,
INCLUDING AUTHORITIES AND AGENCIES THEREOF, ADMINISTRATIVE
OFFICES AND/OR CONFERENCE FACILITIES IN EXCESS OF 3,000 SQUARE
FEET BY MAJOR USE SPECIAL PERMIT, AND LESS THAN 3,000 SQUARE
FEET BY SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Thirteen, have we done that?
Mr. Rodriguez: Right.
Mr. Maxwell: Yes.
Commissioner Plummer: Yes. All then we got left is the Planning stuff.
Mr. Rodriguez: No. PZ-14 is left.
Commissioner Plummer: Oh, I'm sorry.
236 November 17, 1994
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67. SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CITY OF MIAMI CAPITAL IMPROVEMENTS FOR FY 1994-95 -- REPEAL
PROVISIONS OF ORDINANCE 11139 WHICH MAY BE IN CONFLICT
WITH THIS ORDINANCE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What is PZ-14?
Commissioner Gort: Capital improvement budget.
Mr. Sergio Rodriguez (Assistant City Manager): It's capital improvement ordinance, and it's a
second reading.
Commissioner Plummer: It means nothing. Approve it.
Mr. Eduardo Rodriguez: We have a change to do. Based on item 9 this morning, municipal
shop discussion, you know, that we provide one million, nine hundred and fifty thousand dollars
for municipal shop. We have to reduce the CIP (Capital Improvement Project) on that amount.
Commissioner Plummer: Fine. Because nothing means anything until it comes before this
Commission.
Mr. E. Rodriguez: That's right. It will come back to you.
Commissioner Gort: Second.
Mayor Clark: Call the roll. Cast a unanimous ballot.
Mr. E. Rodriguez: For the record, for the record, I want... I'd like to reduce the municipal shop,
and also increase Grand Avenue Park, because that's the discussion this morning.
Commissioner Gort: Good.
Mr. E. Rodriguez: Also, the City Attorney told us that the effective date would change.
Mr. Joel Maxwell (Assistant City Attorney): To thirty days.
Mayor Clark: All right. Mr. Gort, you have a pocket item?
Commissioner Gort: I've got a pocket...
Mr. Maxwell: We have to read the ordinance on this, sir.
Mayor Clark: Great.
Commissioner Plummer: Oh, no, pocket items are after eight o'clock.
Mr. Maxwell: It's been moved and seconded.
Ms. Matty Hirai (City Clerk): We need to read.
237 November 17, 1994
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1994-95; REPEALING PROVISIONS OF ORDINANCE NO. 11139,
AS AMENDED, THE FISCAL YEAR 1993-1994 CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE; PROVIDING CONDITIONS, AUTHORIZATIONS AND
DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; 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 October 27, 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. 11205.
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.
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE PLANNING AND ZONING PORTION
OF THE AGENDA TO CONSIDER ITEMS FROM THE REGULAR
PORTION OF THE AGENDA AND NON -AGENDA ITEMS.]
238 November 17, 1994
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68. MAYOR STEPHEN P. CLARK REQUESTS ADMINISTRATION TO REPORT
BACK ON POSSIBLE EXPANSION OF CHILD DAY CARE FACILITIES TO
ALLOW MORE THAN 25 CHILDREN BY SPECIAL EXCEPTION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Listen. I've been hearing more and more about complaints about the daycare and
child care facilities, regarding the number of children allowed. I would like to ask the Planning,
Building and Zoning Department to study our ordinance for the proper expansion of child
daycare facilities, to allow more than twenty-five children by special exception. You got that,
Sergio?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. And I will bring it back to the
Planning Board and back to you.
Mayor Clark: Very good.
Commissioner Plummer: Now, is that in our facilities, or ours and the outside facilities?
Mr. Rodriguez: I believe that the request from Mayor Clark is to look at all facilities.
Commissioner Plummer: OK.
Mayor Clark: Yes. Now, wait a minute, please, we got another item here.
Commissioner Plummer: Well, I think... Let me just address further on that, Mr. Mayor. You
know that the State regulates how many children you can have in a daycare...
Commissioner Gort: Right.
Mayor Clark: Oh, I know that.
Commissioner Plummer: ... by virtue of the amount of recreational square feet that you have.
Mayor Clark: Oh, yes, absolutely. But this is... We were restricted at twenty-five.
END OF DISCUSSION -- DIRECTION TO ADMINISTRATION
239 November 17, 1994
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69. AUTHORIZE FUNDING OF THE WOMEN'S HEMISPHERIC
CONFERENCE, HOSTED BY MIAMI-DADE COMMUNITY COLLEGE,
WOLFSON CAMPUS (NOVEMBER 20-23, 1994) -- ALLOCATE FUNDS
($6,000) FROM LAW ENFORCEMENT TRUST FUND (LETF).
Mayor Clark: All right. Mr. Manager... Excuse me Willy. You got something, Willy?
Commissioner Gort: This is very quick. It's a resolution authorizing the funding of the
Women's Hemispheric Conference, and this is to come from the... approved by the Chief, and
it's to be allocated from the funding... six thousand dollars, and is being... Law Enforcement
Trust funds.
Commissioner Plummer: Yeah, that's it.
Mayor Clark: Second. Cast a unanimous...
Vice Mayor Dawkins: What is it? What is it for? Hold it. What is it for?
Commissioner Gort: It's for the...
Commissioner Plummer: For Willy to take care of all the ladies.
Commissioner Gort: The resolution authorizing the funding of the Women's Hemispheric
Conference.
Commissioner Plummer: Hemispheric Women's Conference.
Vice Mayor Dawkins: OK. The only thing I wish you would add, Commissioner, is that we
include six thousand dollars so that some women from within the City of Miami would have the
two hundred and eighty dollars fee to pay to attend this conference, so that our issues from the
City of Miami would be expressed with these women who come in for this conference.
Commissioner Plummer: Well, how about if we make it where they have to invite free twelve
women from the City of Miami?
Commissioner Gort: Right.
Commissioner Plummer: How about that?
Commissioner Gort: That's part... I amend my motion to read to that.
Mayor Clark: OK. Cast a unanimous ballot.
240 November 17, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-854
A RESOLUTION AUTHORIZING THE FUNDING OF THE WOMEN'S
HEMISPHERIC CONFERENCE, HOSTED BY MIAMI-DADE COMMUNITY
COLLEGE, WOLFSON CAMPUS, TO BE HELD NOVEMBER 20-23, 1994, IN THE
AMOUNT OF $6,000; SUBJECT TO THE CONDITION THAT TWELVE CITY OF
MIAMI WOMEN BE INVITED FREE OF CHARGE AS CITY REPRESENTATIVES
TO SAID CONFERENCE; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
(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.
----------------------------------------------------------------------------------------------------------------
70. PERSONAL APPEARANCE: MR. LUIS LAUREDO, CHAIRPERSON OF
THE SUMMIT OF THE AMERICAS.
Mayor Clark: Mr. Manager.
Commissioner Plummer: The ones we don't like... Each Commissioner will appoint...
Mayor Clark: Please, please, just a minute. Just relax a minute. Go ahead.
Commissioner Plummer: What?
Mr. Cesar Odio (City Manager): No, sir. Luis Lauredo, the chairperson of the Summit of the
Americas is here.
Commissioner Plummer: So what?
Mr. Odio: And he wanted to address you.
Commissioner Plummer: Tell him to go out and go to work. That's what he hasn't been doing.
241 November 17, 1994
Commissioner Plummer: "Oye."
Mr. Luis Lauredo: I just wanted to take a minute to thank you for all the support you're giving
us. Your Manager and I talk several times a day, and actually, very early on, I made him the
chairman of the most important committee of the Summit, which is what we call the Executive
Support Committee, which is the committee of all the City Managers, and the County Manager,
and the Greater Miami Chamber, and the Miami -Dade Chamber, the Latin Chamber, the group
that can make things happen. As you know, this is an unprecedented event. It is rather stressful
to organize it, but suffice it to say that the City of Miami, as you know, will be the anchor. First
of all, obviously, it's called the Summit of the Americas in Miami. You've seen our logo.
Miami, the word stands out, and the premier event is...
Commissioner Gort: It should.
Commissioner Plummer: We're the only one contributing. I mean, why not?
Mr. Lauredo: No, no, no.
Commissioner Plummer: Are we going to get our money back?
Mr. Lauredo: There's is.. An awful lot of people contributed a lot of money.
Commissioner Plummer: Mr. Lauredo...
Mr. Lauredo: This is a...
Commissioner Plummer: ... the City Manager is talking a million dollars, just for the security
aspect. Are we...
Mayor Clark: No, it's not. Now, tell him the truth. How much, Cesar?
Commissioner Plummer: Excuse me. A million dollars.
Mr. Odio: Six hundred thousand dollars.
Commissioner Plummer: Excuse me. I have, from Mr. Longueira, a million dollars. OK? I got
the budget. OK?
Mr. Odio: May I ask you respectfully that you let Mr. Lauredo finish?
Commissioner Plummer: I asked a simple question. Are we going to get our money back?
Mr. Odio: He doesn't deal with that, Commissioner.
Commissioner Plummer: Who does?
Mr. Odio: The State Department.
Commissioner Plummer: Excuse me, are you not in charge of the fund-raising?
Mr. Lauredo: Yes. If...
Commissioner Plummer: Out of the twelve million proposed, how much have you raised?
Money in the bank.
242 November 17, 1994
Mr. Lauredo: We have, as of last night, a... We have already received an in -kind, which is...
Commissioner Plummer: No, no, no.
Mr. Lauredo: No, no, what I want... Well, let me answer the question the way I can answer it.
Commissioner Plummer: OK.
Mr. Lauredo: And then you can correct everything you want on it, but in... First of all, in -kind,
when you get telephones and you get long-distance, although one does not like to hear, but it's
like cash. These are not in -kind, in flash, and there is three and a half million dollars in hard
commitments.
Commissioner Plummer: How much?
Mr. Lauredo: Three and a half million dollars. We have a million and a half in the bank, and
when I talk about commitments, I'm telling you people, like, for example, Knight-Ridder, two
hundred and fifty thousand dollars, Nationsbank, a hundred and fifty thousand, money I can
count on, because of the quality of the commitment. That takes time for them to process. We
are going to have, by the end of next week, five million dollars, which is our goal. And...
Commissioner Plummer: I thought the goal was twelve million.
Mr. Lauredo: No. The overall budget is twelve million dollars, and it is... All of the other
municipalities have contributed both in cash and in -kind. You know the City of Miami Beach
gave us a hundred and thirty thousand; the County, as you know, five hundred thousand; the City
of Coral Gables is taking it up next Tuesday for a hundred thousand. So there's been a very
broad support, Commissioner Plummer, and I just wanted to let you know that, you know, of
clearly, the convention to end all conventions, the event that will crown this City, and solidify its
position as the center of the Americas, that will spin off enormous amount of economic benefit,
that we're taking great pains... I've just come from a briefing with White House and Department
of Commerce people who have included all of the fragments of the community to benefit from
this. We're using... This is an opportunity, for example, one of our most exciting projects is to
excite the Afro-American community to get involved in international trade. The City of Miami...
Vice Mayor Dawkins: How will you ensure that? See, my problem...
Mr. Lauredo: Well, we just...
Vice Mayor Dawkins: OK. Let me ask you a question, Luis, and be finished with this.
Mr. Lauredo: I just wanted to tell you that, if I may, just think, before we get into the question,
positively. We spent almost a million dollars in having the state of the art, for example, media
center down at the Port of Miami, so that the shots during those three days that will be live
throughout the world, all the light will be all the downtown skyline. The Knight Center will be
the host of the internationally televised Kennedy Center produced performance, a gala
performance. The Intercontinental Hotel will be the host of the Saturday parallel summit that
we'll have without the... you know, with the President. The Presidents will be all day on
Saturday at Vizcaya. What I'm trying to tell you is the vast majority of the public events are
within the City of Miami limits. So I think that we're doing all we can to highlight Miami, and
that has a very high value, and I think it's an event that is unparalleled in the history of
diplomacy, it's unparalleled in the history of this hemisphere, and we should all be very proud of
supporting it. The public sector has supported it, and the private sector.
243 November 17, 1994
Vice Mayor Dawkins: OK. Mr. Lauredo, I sympathize with what you say, but 1 want you to
know, because I've already expressed it to the Governor's Office, I am very disturbed at the way
we were treated, the City of Miami, in this inception. That's number one. I'm very disturbed.
Number two, I keep hearing over and over and over that this will produce a global image of
Miami for the world, but I don't hear anybody saying that when this conference is over, there
will be "X" number of economic dollars in Wynwood, there will be "X" number of dollars
produced by this conference in Overtown; "X" number of economic dollars in Little Havana;
"X" number... left when they leave. I don't mean this other stuff, see. So when you talk... I
mean, when they talk... And Luis, this was handed to you. I want you to understand, I know
that, and you have done a hell of a job, yeoman's job, pulling it together, OK? So this has
nothing to do with you. It's the overall planning of this thing, and dropping the ball...
Commissioner Plummer: The lack of.
Vice Mayor Dawkins: ... and coming in, and taking money from the City of Miami, and the City
of Miami gets, as you say, a global perspective. But when the conference is over, the people
who I represent - when I say "I," I mean this Commission - will be no better off than it was prior
to the coming of the Summit.
Commissioner Plummer: My two comments, Luis, are very simple. Up until recently, this City
made a commitment of two hundred thousand dollars. We never knew, never knew about
another eight hundred thousand that this City was going to cost for the security of this system.
We found that out today. The commitment of this City, up until today, was two hundred
thousand. Now, I think the Summit has the potential of being one of the best things that ever
could happen to this community. The problem that I see is the lack of support from the private
sector, who are not contributing.
Mr. Lauredo: Well, I'm...
Commissioner Plummer: Now, you know, you can talk about it any way that you want, but I'm
asking one simple question. The City that can least afford a million dollars outlay in overtime is
getting the burden, the biggest part of the burden. And I guarantee you, when it's all said and
done, if we're fortunate and this thing is a tremendous success, the people taking the credit will
not mention the City of Miami at all.
Mr. Lauredo: Well, I can assure you that I... every place I've stood, like I said, I personally
changed the media center alone, just so that you would have the City of Miami skyline all over
the world for those three days, after that was already committed to another place, and, actually,
had to put, like I said, almost eight hundred fifty thousand dollars in investment to turn the
terminal twelve at the port, because I thought it was so important. I don't know what you're
alluding to in terms of fund-raising. I think it's incorrect. I'm surprised that you would reach
that conclusion. I hope it's not from reading it in the printed media, because you have vast
experience that they don't necessarily always reflect the total picture. I can assure you that
things are going well. I want to put things in perspective so that you have a feeling. That's why
I wanted to accentuate that getting half a mil... getting six hundred cars donated by a major
corporation. So it may not be dollars in the bank, it's dollars that I don't have to put out.
Getting in two hundred cellular telephones, and all the long-distance calls, which amount to
almost seven hundred thousand dollars is real money. There is an enormous amount of cash and
in -kind, and I don't think you should jump to conclusions. I don't know the other comment you
made - maybe it is my fault - that I have been working with your Manager almost on a daily
basis. I want to ask you to come by our offices. It has not been easy to... This has no parallel,
just in logistics, in the history of the world. Never in the history of the world have thirty-four
heads of state met anywhere, much less in a City that is not a capital. So if I in any way... I
don't know what you're referring to, that the City was not treated well. I have not...
244 November 17, 1994
Commissioner Plummer: Is there a good chance...
Mr. Lauredo: I've reached out. I thought that by working with your Manager, as I do almost
daily, that that would be enough.
Vice Mayor Dawkins: Hold it, hold it. You've said that six times. The Manager is not the City.
We keep telling you that. OK?
Mr. Lauredo: Well that's...
Vice Mayor Dawkins: So you keep telling me that you... the Manager, with the Manager this
and the Manager did that.
Mayor Clark: OK.
Vice Mayor Dawkins: We represent the voting people. So you didn't... And this is no
reflection on you, but we're telling you, we don't know nothing.
Mr. Lauredo: Right. Well, then, that's my fault, and we'll start, we'll correct that immediately.
Vice Mayor Dawkins: No, that's our fault.
Commissioner Plummer: Are we going to get our money back?
Vice Mayor Dawkins: No, Luis, that's our fault. That's not your fault.
Commissioner Plummer: Are we going to get our money back?
Mr. Lauredo: Because I...
Commissioner Plummer: That's all I'm asking.
Mr. Lauredo: Sir, I don't know what you mean by whether you...
Commissioner Plummer: The million dollars that we're laying out, is there a good chance we're
going to get our money back?
Mr. Lauredo: From the State... No. There is, for example, the City of Seattle... Well, J.L., you
want a simple answer. Unfortunately, there is no simple answer. I'm sorry that I frustrate you.
I'd rather tell you the truth than give you a simple answer.
Commissioner Plummer: Well, you know, I appreciate that, and I wouldn't have it...
Mr. Lauredo: The City of Seattle, to give you an example...
Commissioner Plummer: I wouldn't have it any other way.
Mr. Lauredo: The City of Seattle was able to get refunded when they had their Summit. And
just to keep it in perspective, Pacific basin countries, the largest economic bloc in the world, with
twelve heads of state, you know how much money they raised? Half a million dollars. So you
should be very proud of our community. We're already into three and a half million dollars, just
in cash.
245 November 17, 1994
Commissioner Plummer: What happened...
Mr. Lauredo: So, you know, it hurts me to see these kinds of stories, and it hurts me even more
to have people echo them, when they don't have a basis in fact.
Commissioner Plummer: I thought...
Mr. Lauredo: But in any event, there is a procedure on the statutes for reimbursement for law
enforcement. I... We cannot reimburse you. That's the answer. We don't... All our money that
we're getting in, including your contribution in cash, is to pay for the expenses of the Summit.
Commissioner Plummer: Did not the State of Florida contribute two million dollars?
Mr. Lauredo: The State of Florida is probably going to go up to... has already committed two
million dollars, and it may go up to three million dollars.
Mayor Clark: All right. Further discussion? Let's go.
Commissioner Plummer: Be back at six?
Mr. Lauredo: And I would...
Mayor Clark: No. It's only five minutes. Let's stay right here.
Commissioner Plummer: Oh. Well, I'll be right back.
Mr. Odio: We received a letter from the State Department today saying that they willing to
consider the reimbursement on a percentage basis. So that...
Mayor Clark: OK. Thank you, Luis.
Mr. Lauredo: Thank you, Mayor and Commissioners.
----------------------------------------------------------------------------------------------------------------
71. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO APPROVE FINDINGS OF COMPETITIVE SELECTION
COMMITTEE AS TO TEAM TO PREPARE COCONUT GROVE PLANNING
STUDY. (See label 75)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Listen, J.L.
Commissioner Plummer: Yes, sir.
Mayor Clark: Before you leave.
Commissioner Plummer: Yes, sir.
Mayor Clark: I want to preface... Mr. Manager, Cesar? Cesar?
Mr. Cesar Odio (City Manager): Yes, sir.
i
246 November 17, 1994
Mayor Clark: Where are you at?
Commissioner Plummer: I'm here.
Mayor Clark: Now we have people here from Coconut Grove right now?
Commissioner Plummer: Excuse me...
Mr. Odio: They're advertised for six.
Mayor Clark: Relax.
Mr. Joel Maxwell (Assistant City Attorney): Advertised for six o'clock.
Mr. Odio: They're advertised for six.
Mayor Clark: We were informed by the County Attorney - the City Attorney - that in selection
on the Coconut Grove Planning Study, we could not accept number three. We had to accept
number one.
Mr. Maxwell: That's correct.
Mayor Clark: Is that right?
Mr. Odio: Yes, sir.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mayor Clark: I know it's at six o'clock. I'm telling them what's going to happen right now, so
if they want to go home, they can. I'm going to move that we follow the decision of the City
Attorney. And I've talked to Bermello. He's going to back out, he doesn't want no part of it,
and recommend the company of Andres Duany and Elizabeth Plater-Zyberk, Wallace Roberts
and Todd. Is that the team?
Mr. Joe McManus: Yes, sir.
Mr. Odio: That's the team.
Commissioner Plummer: Who backed out?
Mayor Clark: Willy, Bermello doesn't want it.
Commissioner Plummer: Then that means that we only have two firms now...
A. Quinn Jones, III, Esq. (City Attorney): What you need to do...
Commissioner Plummer: Don't you have to have three?
Mr. Jones: What you need to do is accept the rank order as submitted, as recommended by the
selection committee, and further authorize the Manager to negotiate with the number one firm.
Commissioner Plummer: Can you recommend over two?
Commissioner Gort: So move.
247 November 17, 1994
Mr. Jones: No, no, no. You can only recommend... What you're doing is accepting the
recommendation which had the three firms...
Mayor Clark: To go with one. It's all right.
Mr. Jones: Now, what you further do is authorize the Manager to negotiate with number one. If
negotiations with number one fail, then they negotiate with number two.
Commissioner Plummer: The question that I have, we now have only two firms, "A" and "B."
Mr. Jones: Mm-hmm.
Commissioner Plummer: I thought the Code called for a minimum of three firms, "A," "B," and
"C." If it's two and that's it, that's fine with me. I'm not trying to change the law.
Mr. Jones: No, no, no. I understand what you're saying.
Commissioner Plummer: But I thought you had to have a minimum of three firms.
Mayor Clark: Is this proper, what I plan to do?
Mr. Jones: Excuse me?
Mayor Clark: Is this proper, what I plan to do?
Commissioner Gort: Mr. Mayor, this is proper.
Mr. Jones: It's proper. What you do is just...
Commissioner Plummer: What?
Commissioner Gort: So move.
Mr. Jones: ... accept. You accept the rank order and authorize the Manager to negotiate with
number one.
Mayor Clark: All right. I'm going to do that right now so we can... If anybody else wants to
come in later, that's what we've done. We said six o'clock.
Commissioner Gort: So I move.
Mayor Clark: We've got about three minutes, Willy. Just wait three minutes and we'll do it.
Commissioner Plummer: Well, I'll be back.
Mr. Jones: Are you going to take a vote on... Oh, you're going to wait until six.
Commissioner Gort: We'll wait till six o'clock.
Mayor Clark: Wait for three minutes. We said six o'clock.
[AT THIS POINT, ITEM 46 WAS TABLED]
248 November 17, 1994
----------------------------------------------------------------------------------------------------------
72. DISCUSSION CONCERNING APPOINTMENT OF INDIVIDUALS TO THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (See label
74)
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, my understanding is that I have to reappoint the names to the
Historical Board, Environmental Board. I made the motion last time. I understand I have to
make the motion again.
Mayor Clark: All right.
Mr. Joe McManus: For the Historic Board.
Commissioner Gort: For the Historic...
Ms. Sarah Eaton: No. It's for the nomination of Michael John George; and Commissioner De
Yurre, for the nomination of Jeanette Poole.
Commissioner Gort: OK. Move to...
Vice Mayor Dawkins: Second.
Commissioner Gort: I move Michael John George.
Ms. Matty Hirai: You already did. We have your memorandum, Mr. Commissioner.
[AT THIS POINT, THIS ITEM WAS TABLED]
----------------------------------------------------------------------------------------------------------------
73. ACCEPT BID: ALL PETS DENTAL CLINIC -- FOR FURNISHING ORAL
HYGIENE FOR POLICE WORK DOGS ASSIGNED TO CANINE DETAIL,
FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($4,860) -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: All I want to make sure is on the dogs - is that what it is? - is that it
does include braces.
Mr. Cesar Odio (City Manager): No. We've not talking about the dogs.
Commissioner Plummer: We need five thousand dollars for the K-9 dogs, and I want to make
sure that that's to brush their teeth, that they do it with Colgate, that does remove plaque, and I
want to make sure that this does include braces, if they should need them.
Commissioner Gort: And root canal.
Commissioner Plummer: No, no mouthwash. We don't need that. Five thousand dollars for
toothpaste. I don't believe it. I think I move it.
249 November 17, 1994
Lt. Joseph Longueira: CA-9.
Commissioner Plummer: Mr. Mayor, the "Spana" motion.
Vice Mayor Dawkins: I second.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-855
A RESOLUTION ACCEPTING THE BID OF ALL PETS DENTAL CLINIC FOR THE
FURNISHING OF ORAL HYGIENE FOR THE POLICE WORK DOGS ASSIGNED
TO THE CANINE DETAIL FOR THE DEPARTMENT OF POLICE, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
ONE (1) ADDITIONAL YEAR AT A TOTAL PROPOSED ANNUAL COST OF
$4,860.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-270;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE
AND THEREAFTER TO EXTEND THIS CONTRACT FOR ONE ADDITIONAL
YEAR AT THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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.
250 November 17, 1994
----------------------------------------------------------------------------------------------------------------
74. (Continued discussion) APPOINT INDIVIDUALS TO SERVE AS MEMBERS
OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
(Appointed were: Michael John George and Jeanette Poole.) (See label 72)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What?
A. Quinn Jones, III, Esq. (City Attorney): Vote on the two, the two names submitted by... one
submitted by Commissioner Gort, and one submitted by Commissioner De Yurre for the HEP
Board. Michael John George for Commissioner Gort, and Jeanette Poole, Commissioner De
Yurre.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: I move it.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-856
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION (HEP)
BOARD FOR A TERM OF OFFICE EXPIRING OCTOBER 27, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
251 November 17, 1994
----------------------------------------------------------------------------------------------------------------
75. (Continued discussion) APPROVE FINDINGS OF COMPETITIVE
SELECTION COMMITTEE AS TO MOST QUALIFIED TEAM TO PROVIDE
PROFESSIONAL SERVICES IN PREPARING COCONUT GROVE
PLANNING STUDY. (See label 71) [KW: Duany, Plater-Zyberk, Wallace
Roberts, Todd, Bermello, Ajamil]
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: It's six o'clock. Make your motion, Mr. Mayor.
Mayor Clark: "We, the undersigned members of the selection committee appointed by the City
of Miami for the Coconut Grove Planning Study hereby request that you direct the Planning staff
to begin contract negotiations for the Coconut Grove Planning study with the team that we've
selected as top rank. Our recommendations reflect the objective rank of the three firms based on
detailed credentials submitted in advance of the presentation, upon additional information
uncovered during each team's thirty minute presentation, followed by forty-five minutes of
questions and answers. Our final recommendation show two teams, led by Andres Duany and
Elizabeth Plater-Zyberk and by Wallace Roberts and Todd, close in rank, with the third team by
Bermello Ajamil and Partners, lagging far behind. The third team ranked simply because the
scoring process designed by the City of Miami, administered by the City Attorney, Deputy
Director of the Planning and Building and Zoning, found the Bermello team least likely to
provide the services. We certainly hope our efforts to follow the rules and methods designed by
the City to select the most qualified team were not in vain." I move the names of Andres Duany
and Elizabeth Plater-Zyberk to be the committee to run the Coconut Grove Study. Do I get a
second?
Commissioner Plummer: No, you're sending them over to negotiate, aren't you?
A. Quinn Jones, III, Esq. (City Attorney): Yeah, yeah.
Mayor Clark: Oh, no. Let's do it right now.
Mr. Jones: Yeah. It would be a motion accepting the recommendation of the selection
committee...
Commissioner Plummer: But not picking a certain firm.
Mr. Jones: And authorizing the City Manager to negotiate with...
Mayor Clark: I just said that. I just said that.
Commissioner Plummer: OK.
Commissioner Gort: That was his motion.
Mr. Jones: I'm just putting in my words.
Mayor Clark: Very good.
Vice Mayor Dawkins: Is there a second? Is there a second?
Commissioner Gort: Second.
252 November 17, 1994
Mayor Clark: Willy seconded it.
Vice Mayor Dawkins: All right. It's been moved and seconded. Any further discussion?
Commissioner Plummer: We understand the full parameters, that it's not to exceed a hundred
and fifty thousand dollars; is that correct?
Mayor Clark: That's right. That's what's in the contract.
Mr. McManus: That's correct.
Mayor Clark: All right.
Vice Mayor Dawkins: Any other discussion? Hearing none, call the roll, Madam Clerk.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.94-857
A RESOLUTION APPROVING THE FINDING OF THE COMPETITIVE
SELECTION COMMITTEE AS TO THE MOST QUALIFIED TEAMS, IN RANK
ORDER, TO PROVIDE PROFESSIONAL SERVICES IN CONJUNCTION WITH THE
PREPARATION OF THE COCONUT GROVE PLANNING STUDY; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO UNDERTAKE NEGOTIATIONS
WITH THE MOST QUALIFIED TEAMS, IN RANK ORDER, UNTIL HE ARRIVES
AT AN AGREEMENT WHICH IS FAIR, COMPETITIVE AND REASONABLE, AND
FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE
CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL.
(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.
253 November 17, 1994
----------------------------------------------------------------------------------------------------------------
76. (Continued discussion) CLARIFYING COMMENTS CONCERNING
DEVELOPMENT OF THE FORMER U.S. NAVAL RESERVE CENTER IN
COCONUT GROVE. (See label 25)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, I would like to notify the people in Coconut Grove, which most are here
tonight. Mr. Manager, do you have that about the Coconut Grove...
Cesar Odio (City Manager): Yes. The Navy... the Department of the Navy informed us today
before lunch that we have the right to apply for the Naval Reserve Center. So they have ruled in
favor of the City, and the community... and the City Commission passed today a resolution
appointing... creating an LRA (Local Redevelopment Authority) for this area.
Commissioner Plummer: But, Mr. Manager, please, so these people are not misinformed, what
they must do, what the City in its application on that parcel of land must put something that is
job producing. Now, I don't know what that means, but it almost sounds like, to me, that it's got
to be a commercial venture.
Vice Mayor Dawkins: A hotel.
Commissioner Plummer: Well, I don't know what, all right.
Commissioner Gort: An art center.
Commissioner Plummer: But if it's job producing...
Vice Mayor Dawkins: A casino.
Commissioner Plummer: A casino, well. You know.
Mayor Clark: Well, we might advertise boats for sale there, J.L.
Commissioner Plummer: OK. But I think that you need to get a clearer definition of what is
"job producing."
Mayor Clark: All right.
Mr. Odio: We know.
Commissioner Plummer: We do?
[END OF DISCUSSION -- NO ACTION TAKEN]
Mayor Clark: All right, ladies and gentlemen, it's 6:03 and this Commission is adjourned.
254 November 17, 1994
0
--------------------- -----------------------------------------------------------------------------------------
77. BRIEF COMMENTS CONCERNING APPOINTMENT OF VICE MAYOR
FOR NEXT YEAR.
Vice Mayor Dawkins: Just a minute before we adjourn?
Commissioner Plummer: Yes.
Vice Mayor Dawkins: Madam Clerk, isn't it customary at this meeting that we appoint the Vice
Mayor for the next year? Is it in November?
Vice Mayor Dawkins: No, December.
Commissioner Plummer: December.
Ms. Matty Hirai (City Clerk): It can be in the next meeting, Mr. Vice Mayor.
Vice Mayor Dawkins: OK. All right. OK. Thank you, Mr. Mayor.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:04 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
255 November 17, 1994