HomeMy WebLinkAboutCC 1993-10-21 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
October 21, 1993
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
(A) Proclamation: Community
Education Week -- for their
concern and commitment toward the
educational wellbeing of our
citizens.
(B) Proclamation: Royal
Poinciana Tree -- to recognize
the importance of the tree to our
community, aesthetically,
environmentally and historically,
as well as its potential economic
value through tourism
development.
2.
URGE METRO-DADE COUNTY TO WORK
WITH THE CITY IN ORDER TO KEEP
THE MIAMI HEAT IN THE CITY OF
MIAMI.
3.
BRIEF COMMENTS AND DEFERRAL OF
DISCUSSION ON THE STATUS OF THE
MIAMI CAPITAL LOAN TO GARCES
COMMERCIAL COLLEGE (PRESENTLY IN
ARREARS) -- DEFERRED TO NEXT
COMMISSION MEETING.
4.
DISCUSS AND DEFER TO NOVEMBER
COMMISSION MEETING CONSIDERATION
OF PROPOSED RESOLUTION TO REJECT.
THE PROPOSAL SUBMITTED BY
LIGHTHOUSE MARINA AND BOATYARD AT
DINNER KEY, INC., FOR UNIFIED
DEVELOPMENT OF DINNER KEY BOAT
YARD AND MARINA PROPERTY AT 2640
S. BAYSHORE DRIVE.
DISCUSSION 1
10/21/93
R 93-676 2-3
10/21/93
DISCUSSION 3-4
10/21/93
M 93-677 4-17
10/21/93
5.
6.
7.
8.
9.
10.
11.
DEFER DISCUSSION REGARDING THE
WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION AND THE
WYNWOOD FOREIGN TRADE ZONE.
EXTEND PRESENT TERM OF MANAGEMENT
AGREEMENT WITH THE BOAT YARD
MANAGEMENT COMPANY, INC. FOR AN
ADDITIONAL 30 DAYS -- FOR
MANAGEMENT OF THE DINNER KEY BOAT
YARD AND MARINA.
DISCUSSION CONCERNING THE POWERS
OF THE AFFIRMATIVE ACTION
ADVISORY BOARD -- REQUEST CITY
ATTORNEY TO COME BACK WITH A
RECOMMENDATION.
NOTIFY DADE COUNTY SCHOOL BOARD
OF THE CITY'S STRONG OBJECTION TO
THE SCHOOL BOARD'S INTENT TO
CONDEMN AND RAZE 19 HOMES IN
CORAL GATE NEIGHBORHOOD TO
CONSTRUCT A NEW ELEMENTARY SCHOOL
(STATE SCHOOL "H") WITHOUT PUBLIC
AND CITY ADMINISTRATION INPUT.
(Note: This was later formalized
by R 93-695 - see label 37.)
DECLARE CITY'S SUPPORT FOR DADE
COUNTY'S PROPOSED WEST WELLFIELD
PROJECT -- URGE APPROVAL OF PHASE
I OF THE WEST WELLFIELD PROJECT
BY THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT GOVERNING
BOARD.
ALLOCATE: (a) $48,000 FROM THE
STREET NARCOTICS ROBBERY UNIT;
AND (b) $24,000 FROM ANOTHER
AVAILABLE SOURCE -- TO: PUSH OUT
THE PUSHER OPERATION.
RESCIND R 93-651, APPOINTING LUIS
SABINES TO THE PRIVATE INDUSTRY
COUNCIL -- DESIGNATE THAT SAID
APPOINTMENT SHALL BE MADE BY
CAMACOL.
1AVN1
DISCUSSION 17-18
10/21/93
M 93-678 18-21
10/21/93
DISCUSSION 21-23
10/21/93
M 93-679 23-28
10/21/93
R 93-680
10/21/93
R 93-681
10/21/93
R 93-682
10/21/93
29-31
31-34
34-35
12. BRIEF COMMENTS AND DEFERRAL OF
DISCUSSION 36
DISCUSSION CONCERNING MIAMI
10/21/93
SPORTS AND EXHIBITION AUTHORITY
BUDGET -- DIRECT ADMINISTRATION
TO PLACE ON AGENDA FOR NEXT
MEETING.
13. ACCEPT BIDS: ( a ) PALM PETERBILT
R 93-683 36-43
GMC TRUCKS ( $1, 045, 356) ; (b)
10/21/93
WHITE GMC OF PALM BEACH
($512,077); (a) MACK SALES OF
SOUTH FLORIDA ($1,385,000); (d)
ATLANTIC FORD TRUCK SALES
($605,528); (e) METRO -TECH
EQUIPMENT CORP. ($388,935); AND
(f) SOUTHLAND EQUIPMENT CORP.
($233,630) -- FOR HEAVY
AUTOMOTIVE EQUIPMENT -- PURCHASE
FIVE STREET SWEEPERS FROM RAY
PACE'S WASTE EQUIPMENT, INC. (FOR
DEPARTMENT OF GSA AND SOLID
WASTE).
14. (A) EXECUTE AGREEMENT WITH MANUEL
ARQUES, CONSULTANT -- TO PERFORM
SERVICES OF TRADE MISSION
COORDINATOR (OCTOBER 1, 1993 -
SEPTEMBER 30, 1994) -- SUBJECT TO
INTERNATIONAL TRADE BOARD
APPROVAL.
(B) EXECUTE AGREEMENT WITH
FILOMENA CERVONE D'URSO,
CONSULTANT -- TO PERFORM SERVICES
OF INTERNATIONAL TRADE SPECIALIST
(OCTOBER 1, 1993 - SEPTEMBER 30,
1994) -- SUBJECT TO INTERNATIONAL
TRADE BOARD APPROVAL.
(C) EXECUTE AGREEMENT WITH MANUEL
J. GONZALEZ, CONSULTANT -- TO
PERFORM SERVICES OF MARKETING
SERVICES COORDINATOR (OCTOBER 1,
1993 - SEPTEMBER 30, 1994) --
SUBJECT TO INTERNATIONAL TRADE
BOARD APPROVAL.
(D) EXECUTE AGREEMENT WITH SANDRA
W. JOICE, CONSULTANT -- TO
PERFORM SERVICES OF INTERNATIONAL
ECONOMIST (OCTOBER 1, 1993 -
SEPTEMBER 30, 1994) -- SUBJECT TO
INTERNATIONAL TRADE BOARD
APPROVAL.
(E) EXECUTE AGREEMENT WITH ANDRES
VARGAS-GOMEZ, CONSULTANT -- TO
PERFORM SERVICES OF INTERNATIONAL
PROTOCOL SPECIALIST (OCTOBER 1,
1993 - SEPTEMBER 30, 1994) --
SUBJECT TO INTERNATIONAL TRADE
BOARD APPROVAL.
,15. EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT R. PEREZ
AND ASSOCIATES, P.A. -- FOR
DESIGN SERVICES ASSOCIATED WITH
PHASE I BISCAYNE BOULEVARD
BEAUTIFICATION PROJECT --
ALLOCATE $10,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
R 93-684
R 93-684.1
R 93-684.2
R 93-684.3
R 93-684.4
10/21/93
R 93-685
10/21/93
43-48
48-49
16.
APPOINT INDIVIDUAL TO WATERFRONT
R 93-686
BOARD. (Appointed was: Patrick
10/21/93
O'Brien.)
17.
DIRECT ADMINISTRATION TO CONDUCT
R 93-687
A STUDY OF BARRICADES IN THE
10/21/93
CORAL GATE NEIGHBORHOOD --
ALLOCATE FUNDS FROM MAYOR
SUAREZ'S BUDGET.
18.
DISCUSSION CONCERNING TRAFFIC
DISCUSSION
DIVERTERS IN THE BAY HEIGHTS AND
10/21/93
NATOMA MANORS AREAS --
COMMISSIONER PLUMMER DIRECTS
ADMINISTRATION TO SEND LETTER TO
ALL NEIGHBORS, IMMEDIATELY, IF
ISSUE NOT PLACED FOR DISCUSSION
ON NEXT MEETING'S AGENDA.
19.
ALLOCATE $ 4 , 5 0 0 IN SUPPORT OF THE
R 93-688
1993 MIAMI BOOK FAIR
10/21/93
INVTERNATIONAL AT MIAMI-DADE
COMMUNITY COLLEGE BOOK FAIR.
20.
AUTHORIZE OFFER OF JUDGMENT: JOAN
R 93-689
LINDA TYREE, PERSONAL
10/21/93
REPRESENTATIVE OF THE ESTATE OF
TODD OLIVER (DECEASED)
($100,000).
21.
CONTINUE ( TO NOVEMBER 18TH
DISCUSSION
COMMISSION MEETING) CONSIDERATION
10/21/93
OF PROPOSED RESOLUTION TO APPEAL
ZONING BOARD'S DECISION TO
REVERSE ZONING ADMINISTRATOR'S
DECISION WHICH REVOKED CERTAIN
BUILDING PERMITS RESULTING FROM
FAILURE OF APPLICANT TO MEET
PREVIOUSLY IMPOSED CONDITIONS IN
CONNECTION WITH PROPOSED
CHINATOWN PROJECT. (Applicant:
Isaac Shih for Miami Chinese
Community Center.)
22.
GRANT APPEAL OF VARIANCE DENIED
R 93-690
BY ZONING BOARD TO ALLOW A FRONT
10/21/93
YARD SETBACK OF 2' AND A ROOF
OVERHANG OF 1' AT 2601 S.W. 23
AVENUE IN CONNECTION WITH A
PROPOSED ADDITION TO A SINGLE
FAMILY RESIDENCE. (Applicant:
Jorge Carmenate.)
50
51-52
53-54
54-57
58-61
61-62
62-66
23.
GRANT SPECIAL EXCEPTION TO PERMIT
R 93-691 67-71
A HELISTOP FOR PROPERTY AT EAST
10/21/93
SIDE BISCAYNE BOULEVARD BETWEEN
N.E. 6 STREET AND N.E. 9 STREET.
(Applicant: Public Works Dept.)
24.
SECOND READING ORDINANCE: AMEND
ORDINANCE 72-73
CODE CHAPTER 62, SECTION 62-52 --
11097
PROVIDE THAT MEMBERS OF THE
10/21/93
PLANNING ADVISORY BOARD SHALL BE
ALLOWED SIX ABSENCES PER CALENDAR
YEAR INSTEAD OF FIVE, PRIOR TO
BEING REMOVED FROM THE BOARD.
25.
FIRST READING ORDINANCE: AMEND
FIRST READING 73-74
11000 TEXT -- ADD NEW SECTION
ORDINANCE
621. SD-21 SILVER BLUFF
10/21/93
COMMERCIAL OVERLAY DISTRICT TO
ADD REGULATIONS FOR PARKING IN
THE SILVER BLUFF COMMERCIAL
DISTRICT. (Applicant: Planning,
Building & Zoning Dept.)
26.
FIRST READING ORDINANCE: AMEND
FIRST READING 74-75
11000 ATLAS -- ADD NEW SPECIAL
ORDINANCE
OVERLAY DISTRICT: SD-21 SILVER
10/21/93
BLUFF COMMERCIAL OVERLAY
DISTRICT -- FOR PROPERTIES
GENERALLY BOUNDED BY BOTH SIDES
OF S.W. 28 LANE, S.W. 27 STREET,
S.W. 24 AVENUE, THE METRORAIL
RIGHT-OF-WAY, AND S.W. 27 AVENUE.
(Applicant: Planning, Building &
Zoning Dept.)
27.
FIRST READING ORDINANCE: AMEND
FIRST READING 75-76
CODE CHAPTER 35 (MOTOR VEHICLES
ORDINANCE
AND TRAFFIC) -- ADD NEW ARTICLE
10/21/93
IX: SILVER BLUFF COMMERCIAL
PARKING IMPROVEMENT TRUST FUND --
TO ESTABLISH REQUIREMENTS AND
FEES TO BE PAID IN LIEU OF
PROVIDING REQUIRED OFFSTREET
PARKING IN THE SILVER BLUFF
COMMERCIAL OVERLAY DISTRICT.
(Applicant: Planning, Building &
Zoning Dept.)
28.
FIRST READING ORDINANCE: AMEND
FIRST READING
76-77
11000 TEXT ( GENERAL AND
ORDINANCE
SUPPLEMENTARY REGULATIONS),,
10/21/93
SECTION 939.2 (LIMITATIONS OF CBD
STORAGE FACILITIES) -- TO PERMIT,
BY SPECIAL EXCEPTION, A CBD
STORAGE FACILITY TO OCCUPY ALL OF
THE FLOOR AREA OF AN EXISTING
BUILDING IN THE CBD DISTRICT.
(Applicant: Planning, Building &
Zoning Dept.)
29.
FIRST READING ORDINANCE: AMEND
FIRST READING
77-79
11000 TEXT, ARTICLES 41 5, 6, 9,
ORDINANCE
17 AND 25 -- TO ALLOW PERIODIC
10/21/93
REVIEW AND REFINEMENT OF
ORDINANCE 11000 WHICH WILL ASSIST
IN THE EVOLUTION OF AN ORDINANCE
SUITED TO THE UNIQUE CHARACTER OF
THE CITY.
30.
PUBLIC HEARING -- DENY PROPOSED
M 93-692
79-89
COCONUT GROVE VILLAGE CENTER
10/21/93
TRAFFIC DIVERSION PLAN FOR THE
INTERSECTION OF MAIN HIGHWAY,
MCFARLANE ROAD AND GRAND AVENUE.
(Applicant: Planning, Building &
Zoning Dept.)
31.
DISCUSSION CONCERNING AIR
DISCUSSION
89
CONDITIONING PROBLEMS IN THE
10/21/93
ARTIME DAY CARE CENTER.
32.
COMMISSIONER DAWKINS QUESTIONS
DISCUSSION
89-90
ADMINISTRATION CONCERNING THE
10/21/93
COCONUT GROVE PLAYHOUSE.
33.
DISCUSSION CONCERNING TRAFFIC
DISCUSSION
90-91
PROBLEMS ON US 1 AND 17TH
10/21/93
AVENUE -- DIRECT ADMINISTRATION
TO LOOK INTO IT.
34.
DISCUSSION CONCERNING TIME LIMIT
DISCUSSION
91-93
FOR SUBMISSION OF ITEMS FOR
10/21/93
COMMISSION AGENDA.
35. DESIGNATE AS CATEGORY B PROJECT
R 93-693 94-95
THE ACQUISITION OF PROFESSIONAL
10/21/93
PLANNING SERVICES FOR THE COCONUT
GROVE PLANNING STUDY FOR AREA
BOUNDED BY BISCAYNE BAY TO THE
S.E., RICKENBACKER CAUSEWAY AND
FEDERAL HIGHWAY TO THE N.E., S.
DIXIE HIGHWAY (US 1) TO THE N.W.,
AND THE CITY LIMITS ON THE WEST
AND SOUTH -- AUTHORIZE ISSUANCE
OF RFP. (Applicant: Planning,
Building & Zoning Dept.)
36. RESCHEDULE DECEMBER REGULAR AND
R 93-694 95-98
PLANNING AND ZONING CITY
10/21/93
COMMISSION MEETINGS TO BOTH TAKE
PLACE ON DECEMBER 2, 1993.
37. (Continued discussion)
R 93-685 98-99
FORMALIZING RESOLUTION TO NOTIFY
10/21/93
DADE COUNTY SCHOOL BOARD OF THE
CITY'S STRONG OBJECTION TO THE
SCHOOL BOARD'S INTENT TO CONDEMN
AND RAZE 19 HOMES IN CORAL GATE
NEIGHBORHOOD TO CONSTRUCT A NEW
ELEMENTARY SCHOOL (STATE SCHOOL
"H") WITHOUT PUBLIC AND CITY
ADMINISTRATION INPUT. (See label
8)
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 21st day of October, 1993, the City Commission of Miami, Florida,
j 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 4:01 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
Commissioner Miriam Alonso
An invocation was delivered by Mayor Xavier Suarez and then Vice Mayor
De Yurre then led those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
------------------------------------------------------------------------------
(A) Proclamation: Ca►tunity Education Week -- for their concern and
cammu.tment toward the educational wellbeing of our citizens.
(B) Proclamation: Royal Poinciana Tree -- to recognize the importance
of the tree to our comunity, aesthetically, environmentally and
historically, as well as its potential economic value through
tourism development.
NOTE FOR THE RECORD: Commissioner Alonso entered the
meeting at 4:03 p.m.
1 October 21, 1993
------------------------------------------------------------------------------
2. URGE METRO-DADE COLJNrY TO WORK WITH THE CITY IN ORDER TO KEEP THE MIAMI
HEAT IN THE CITY OF MIAMI.
------------------------------------------------------------------------------
Mayor Suarez: OK, it's that kind of day. Commissioners, as we complete our
symbolic resolutions. There was one item that was left over from last week.
And, I see the VP, the only woman vice-president of a professional sports
franchise in the United States, anxiously waiting to see if...
Commissioner Plummer: She is not even a little flame.
Mayor Suarez: We will propose and vote favorably for a resolution that would
instruct the City Manager to work with the County Manager to try to keep the
Miami Heat in town, et cetera, et cetera. And, I would so move. How is that?
Commissioner Plummer: Second.
Mayor Suarez: Mr. Vice -Mayor, I moved it.
Commissioner Plummer: No, that means that you work with him, and try to do
what you can. Try to keep the Heat in town. OK. She is already trying to
take the center chair. Already she is trying to take the center chair.
Commissioner Alonso: Oh, no, no, no.
Commissioner Plummer: Xavier, you get no seat.
Commissioner Alonso: It's too soft. So, this is fine.
Commissioner Plummer: Did anybody call the roll?
2 October 21, 1993
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 93-676
A RESOLUTION DIRECTING THE CITY MANAGER TO WORK WITH
THE MANAGER OF METROPOLITAN DADE COUNTY TO HAKE ALL
EFFORTS NECESSARY TO KEEP THE MIAMI HEAT BA,SMTBAL1,
TEAM IN THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and can
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
i
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
j Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Pauline, God speak to you on that effort.
-------------------------------------
3. BRIEF COMNERB AND DEFERRAL OF DISCUSSION ON THE STATUS OF THE MIAMI
CAPITAL LOAN TO GARCES C=gERCIAL COLLEGE (PRESENTLY IN ARREARS) --
DEFERRED TO NEXT COMMISSION MEETING.
------------------------------------------------------------------------------
I
Commissioner Plummer: Mr. Mayor, if I may? I would like to...
Mayor Suarez: Yes.
Camtissioner Plummer: Mr. Mayor, I would like to pull the item which I had
requested, and defer it over in reference to Garces College and the Miami
j Capital.
Mayor Suarez: All right, sir.
Commissioner Plummer: I had asked for a great deal of material to be
submitted to me prior to today in direct response to the Miami Capital which I
have not received. So, for that reason, I would say that item 5, I would move
to defer it to the next meeting, Mr. Mayor.
Mayor Suarez: So moved.
Mr. Cesar Odio (City Manager): I just...
3 October 21, 1993
Commissioner Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PIIZMR AND
SECONDED BY CCMMISSIO ER ALANSO, ITEM 5 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Ca[mii.ssioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda item 1 was
withdrawn by Administration in order to comply with
advertising requirements.
-------------------------------------------------
-------------------------------
4. (A) DISCUSS AND DEFER TO NOVEMBER COMMISSION MEETING CONSIDERATION OF
PROPOSED RESOLUTION TO REJECT THE PROPOSAL SUBMITTED BY LIGHTHOUSE
MARINA AND BOATYARD AT DINNER KEY, INC., FOR UNIFIED DEVE O ME U OF
DINNER KEY BOAT YARD AND MARINA PROPERTY AT 2640 S. BAYSHORE DRIVE-
(B) DISCUSSION CONCERNING PROFESSIONAL DESIGN SERVICE IN ARCHITECTURE,
ENGINEERING AND LANDSCAPE ARCHITECTS FOR DINNER KEY BOATYARD.
Mayor Suarez: Item 2, resolution rejecting proposal, no...
Commissioner Plummer: Item...
Mayor Suarez: Resolution regarding the Lighthouse Marina and Boatyard at
Dinner Key. We came to a two to two vote, I believe, which was on a motion to
refer it back to the Administration with instructions to take into account any
changed circumstances, I believe. Was that correct on the motion? Or was
that a different motion?
Mr. Cesar Odio (Ci-i.y Manager): I believe it was to reject. And, it was to...
Mayor Suarez: To reject and refer back to the Administration.
Mr. Odio: Right.
Commissioner Plummer: No, it was simply to reject. As I recall, Mr. Mayor.
4 October 21, 1993
Mr. Odio: Yes, to reject.
Mayor Suarez: Well...
Commissioner Plummer: Yeah, but excuse me, may I?
Mayor Suarez: Madam City Clerk, do you have who made the motion? It doesn't
really matter, I mean, it didn't pass. Put it this way, it is still on the
table, it is still a pending item.
Mr. Odio: Let... Let, Mr. Mayor, let me, if I may...
Mayor Suarez: My intention was thinking that we couldn't get a consensus, Mr.
Vice Mayor...
Commissioner Plummer: Victor was out.
Mayor Suarez: ..either way, to try to see if at least by sending it back to
the Administration, understanding that it has to be rejected, I think
procedurally, unless we can somehow continue working with this particular
group which the City Attorney actually instructed us that we didn't really
have that option. But, otherwise, that we would reject it but with
instructions that we send it back to the Administration to see if they can put
together a new RFP (Request for proposals) that allows them to bid, but also
takes into account certain new revenues that have been obtained in connection
with the FEMA (Federal Emergency Management Agency) Recovery Fund and
endeavoring in the process of doing that, I don't know if it can be built into
the motion, to get a waiver of any rights that they may have so we don't get
sued because they seem to think that they have some vested rights. I don't
believe they do.
Vice Mayor De Yurre: Mr. Mayor, since I wasn't here for that matter, let me
just state my position clearly, to my understanding, that they have no grounds
at all, as far as any proprietary interest, on this matter. Is that correct?
A. Quinn Jones III, Esq. (City Attorney): That's correct. There has...
Vice Mayor De Yurre: So, they have... So, if we reject this, they have no
legal standing at all.
Mr. Jones: Well, it is not a matter... Well, it is tantamount to rejection,
but keep in mind as I advised you before, you have two options. That is to
reject... or should I say accept the recommendation of the Selection
Committee, which is to reject the proposal, or to accept the previous
recommendation of the City Manager, which is likewise to reject the proposal.
Those are the only two options that you have.
Commissioner Plummer: Yeah, but I think...
Vice Mayor De Yurre: Can we have... Aren't both options the same? Accepting
both?
Mr. Jones: The bottom line is the same. But, what you have before you,
procedurally...
5 October 21, 1993
Vice Mayor De Yurre: Yes.
Mr. Jones: ...you have to act on the Selection Committee's...
Vice Mayor De Yurre: Legally, what do you recommend? Which one do we accept?
Mr. Jones: You're... Right now you have two options, Mr. Vice Mayor.
Vice Mayor De Yurre: What is the most legally correct?
Mr. Jones: Either one would be correct. Either you...
Vice Mayor De Yurre: OK.
Mr. Jones: Either you accept the recommendation of the Selection Committee or
the recommendation of...
Vice Mayor De Yurre: OK, I...
Mr. Jones: ...previous recommendation.
Vice Mayor De Yurre: I move that we accept the recommendation of the
Committee, which was to reject.
Mr. Jones: That's correct.
Vice Mayor De Yurre: I so move.
Mayor Suarez: So moved.
Commissioner Plummer: I second the motion.
Mayor Suarez: Seconded.
Commissioner Plummer: And, under discussion, Mr. Mayor, on the record, I
think it should be so stated that there will be no misunderstanding at a later
date that this matter has been before a selection committee. It came before
this Commission. It was sent back to the selection committee. It is here
I again today, and it has not changed in either the Manager's recommendation nor
the selection committee's recommendation.
Mayor Suarez: Counselor, is this the famous Tom Equets back to the City?
Mr. Tom Equets, Esq.: Yes, Honorable Mayor Suarez, it is.
Mayor Suarez: All right, sir.
Mr. Equets: I am here today, Ricardo Nunez, I believe sent a letter
requesting deferral of this matter because both Ricardo and our clients are
unavailable. We didn't get notice of this hearing. We found out about it
in... through accident. It is not a regularly scheduled...
6 October 21, 1993
Mayor Suarez: I thought we told Ricardo that we would bring it back up the
very next meeting, which was today. Maybe he understood it would be the first
meeting in November.
Commissioner Plummer: Excuse me, it is on the agenda.
Mr. Cesar Odio (City Manager): We were... He knew this would be on this
agenda. We were instructed to place it on this agenda. And, we did so. So,
please stay within the facts.
Mr. Equets: Now, we requested... We requested the deferral. I think the
assumption was this would be coming up on the Tuesday meeting, rather than a
zoning meeting. Because typically a contract...
(INAUDIBLE BACKGEtOUDID CMMUS NOT ENTERED INIO THE PUBLIC RECORD)
Mayor Suarez: On a regular meeting, right. Mr. Manager, please, please...
Mr. Equets: on a regular meeting.
Mayor Suarez: He may not have the votes in any event, why...
Mr. Equets: And, the client, both client representatives are in Washington,
D.C.
Mayor Suarez: Please, Mr. Manager. I am sorry.
Mr. Equets: So, you know, that's... That's what Ricardo requested. I am not
involved with this case. And, as you know, I don't regularly make
presentations to the City. That's not my forte, I do litigation primarily.
But, I think something that should be considered,... and Commissioner Plummer,
you mentioned that the Selection Review Committee had never recommended.
That's not correct. As I understand it, initially the Selection Review
Committee did recommend approval. There were certain conditions related to
financial capability. My...
Commissioner Plummer: I am sorry, sir. I do stand corrected. It was the
Manager who both times had rejected.
Mr. Equets: That's correct. Now, that the City Commission upon looking at
the Selection Review Committee's recommendation...
Mr. Odio: May I?
Mr. Equets: ...of approval... - if I may finish, sir, - the City Commission
upon looking at the Selection Review Committee's recommendation of approval
did question financial capability. It went back to the Selection Review
Committee for reconsideration. My client offered to put up an unconditional
letter of credit guaranteeing financial performance. And, the City Attorney's
office wouldn't allow that to be considered by the Selection Review Committee,
when the only issue that they were to reconsider was financial performance.
Now, I am not... like I said, I am not a zoning lawyer. I don't make
presentations to the Commission on a regular basis, but I know what is fair,
and what is not fair. And, where financial performance is the sole criteria
7 October 21, 1993
upon which it's sent back to the committee, the committee had previously
approved it, and my clients are willing to put up a letter of credit from a
top bank, guaranteeing performance, unconditionally.
Mayor Suarez: With no more... No more conditions other than that? Just flat
out, a letter of credit.
Mr. Equets: That's what they offered to do. And, the City Attorney, present
at the Selection Review Committee, instructed the committee, that they could
not consider that fact. Now, you know, that can't be in the interest of this
City. You know, where performance is guaranteed by a letter of credit, and
the committee is instructed not to consider it, that's not... that's inviting
litigation, and...
Mayor Suarez: Well...
Mr. Equets: ...moving away from a good performing contract.
Mayor Suarez: I wouldn't want to invite litigation. But, I certainly, Tom,
as a sort of last ditch effort, I think we are down to three again. It may
not get a motion, in which case... or one that passes...
Commissioner Plummer: Excuse me, there is a...
Mayor Suarez: ...in which the case, the matter stays on the... I am sorry,
there is a motion.
Commissioner Plummer: There is a motion, and duly seconded, sir.
Mayor Suarez: All right. You may not get a motion that passes here by...
Maybe you will, I don't know. It may be a tie again, in which case, it is a
tabling.
Commissioner Plummer: Well, it depends right now how you vote.
Mayor Suarez: I am trying to do anything at all possible to keep this bid
alive. But...
Mr. Equets: Well, you Honor, all we are saying is that here we had... The
only criteria that was important to the Commission when it was sent back was
financial criteria.
Mayor Suarez: I was just trying to figure out, procedurally, how to get you
to a situation where this argument could be made to a new Commission.
Because, this Commission...
Commissioner Dawkins: The last time.
Mayor Suarez: Yeah, this Commission is... You may have a three to two
against you right now. And, that's all I am saying.
Mr. Equets: Well, I would suggest that it be deferred until... First of all,
the principals can be...
8 October 21, 1993
Mayor Suarez: That's what I was going to say. I' 11 entertain a substitute
motion to defer and if not, Mr. Vice Mayor, I'll make a substitute motion to
defer.
Commissioner Plummer: I am sorry.
Commissioner Dawkins: What is the motion?
Mayor Suarez: To defer the item.
Commissioner Plummer: No, the motion on the floor, with a second, is to deny,
or to uphold the Manager's recommendation.
Mayor Suarez: And, I made a substitute... And, I made a substitute motion to
defer if...
Commissioner Plummer: Well, number two.
Vice Mayor De Yurre: OK, we have a motion to defer. Is there a second to
that motion to defer?
Commissioner Plummer: Excuse me?
Mayor Suarez: I made a substitute motion.
Vice Mayor De Yurre: He is making a substitute motion.
Commissioner Plummer: OK, and is there a second to defer?
Vice Mayor De Yurre: That's what I am trying to find out.
Commissioner Plummer: Oh!
Mayor Suarez: Why are you looking at them with that menacing look like that?
Commissioner Plummer: No, I am not... no menacing look.
Vice Mayor De Yurre: OK, is there a second?
Vice Mayor De Yurre: Miller, are you going to second or not? No, OK. There
is no second.
Commissioner Plummer: Let them find another way.
Vice Mayor De Yurre: So, that dies for lack of a second. We are back to the
original motion.
Commissioner Plummer: Call the question.
Mayor Suarez: What was the original motion, Madam City Clerk?
Commissioner Plummer: Number two on the agenda.
Ms. Matty Hirai (City Clerk): To accept the recommendation of the committee
which was to reject.
9 October 21, 1993
Mayor Suarez: All right. Anything... Tom.
Mr. Equets: Could I speak to that motion now?
Mayor Suarez: Yes, sir.
i
Mr. Equets: Members of the Commission, I think that it would be imprudent to
reject at this time. This matter is...
Commissioner Plummer: Excuse me, Mr. Mayor, did I not call the question?
I've heard these arguments time and time and time again.
Mayor Suarez: Well, the problem is...
i
Commissioner Plummer: Now, you know, you've got something new...
( Counselor...
Mayor Suarez: ...that the motion... Mister, you are out of order.
I
Commissioner Plummer: ...if you have something new, I will be willing to
listen.
Mayor Suarez: The problem is that I am back to being the chair.
Commissioner Plummer: These are the same arguments.
Mayor Suarez: Because we are back to the original motion. And, I didn't call
the question, didn't move the question. But... really, with all due respect,
Commissioner Plummer, let him make one final statement...
Commissioner Plummer: Fine.
Mayor Suarez: ...so, it is on the record, please.
Commissioner Plummer: All right.
Mr. Equets: It is clear to me, from what you've said, Conmissioner Plummer,
that you haven't considered the fact that the Selection Review Committee was
offered - and it is on the transcript - by my client, an unconditional letter
of credit guaranteeing financial performance, where the concern of the
! Commission was my client's ability to perform the contract. And where my
client says, "If we don't perform, we'll put up a letter of credit, fran a top
bank, that guarantees your performance." It guarantees that you will get the
payments that you are entitled to under the agreement. Then that resolves,
you know, many of these problems. And, the City...
Mayor Suarez: The letter not only guarantees the construction of
improvements, but also the payments?
Mr. Equets: That's correct. The...
Commissioner Plummer: Mr. Mayor, that's not where the fallacy came in. The
fallacy came in as that they did not demonstrate t e financial ability in
10 October 21, 1993
their document when they submitted it. That is where the whole thing fell
apart. They did not demonstrate, as required in the RFP, to surrender with
their bid their financial statement.
Mr. Equets: The City determined upon initial review, Commissioner, that our
bid was responsive. We had the only bid. You asked us to demonstrate
financial capability, and you send it back to the Selection Review Committee.
At the Selection Review Committee, we were treated in bad faith, and in
complete disregard with the City's own rules and regulations. The Selection
Review Committee was instructed by this Commission to go back and look at
financial capability. In response to that, my client came forward in good
faith and said that we will guarantee financial performance under this bid.
The City Attorney said to the Selection Review Committee, "You cannot consider
that fact." That was an error. I submit that you should send this back to
the Selection Review Committee, treat my client fairly with all regard to its
due process rights, and give your consideration to something that guarantees
the City a performing contract. Or we can invite, you know, other issues.
But you can't have a situation where the Commission sends it back under
financial criteria, the Selection Review Committee is instructed it can't
consider financial criteria issues, and then ambush us with the staff
recommendation and issues that weren't even for consideration according to the
Commission's mandate.
(INAUDIBLE BACKGROUND Ca0 N1.'S NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: All right, sir. Commissioner, any further discussion on the
item? If not, we have a motion and a second before us. You want to make one
last statement, sir, just in an over abundance of caution? Jim.
Mr. James Wellington: My name is James Wellington, I was chairman of the
selection committee. And of the letter from the minority view that was also
stated as the counsel just said, about the guarantee letter, and, as I
understood, that was one of the major reasons we were there the second time.
Mayor Suarez: And in a dissenting view of the selection committee, I guess,
was that we should work with then and try to see that they...
Mr. Wellington: That is correct.
Commissioner Alonso: So your position is to send it back and review?
Mr. Wellington: We would like to see it referred... rather deferred, yes.
That's the minority view, correct.
Mayor Suarez: We had a motion to defer but it was not seconded.
Commissioner Plummer: Minority view.
Mr. Wellington: Correct, yeah. I said that in the beginning, sir.
Commissioner Alonso: It was a...
(INAUDIBLE BACKGROUND COKMM NOT ENTERED INTO THE PUBLIC RECORD)
11 October 21, 1993
Commissioner Alonso: Oh. Oh. OK. I...
Mayor Suarez: The new Commission will have an opportunity to look at this if
it was deferred.
Commissioner Alonso: I will... I'll be in favor.
Mr. Wellington: Can I read the last paragraph of the letter? It is a short
one.
Mayor Suarez: All right, wait. We have a motion before us...
Mr. Wellington: OK.
Mayor Suarez: ...and I am - once again - make a substitution motion to defer.
Commissioner Alonso: I second.
Vice Mayor De Yurre: OK, we have a motion and a second to defer. Any further
discussion? As you have anything else to say at this point and time, or are
you through speaking? Because we are not going to call you back up. OK?
Ten, nine, eight.
Mr. Bill Harrington: I am Bill Harrington, I am the chairman of the
Waterfront Advisory Board. Mr. Luft came before us at our last meeting last
week. And, there were so many items on his portion of the agenda, that we
never got his input on this issue. And we have never heard from the
Lighthouse people, through ignorance or naivete, or whatever, we've never
heard from them. However, I'd like to point out to you that we'd like - the
Waterfront Board, obviously, and you all, would like - to see that property
became income producing at the earliest time. I would like to see defer this
and give the Waterfront Board's good officers, if you will, an opportunity to
review it. The Waterfront Board originally approved Lighthouse Company's bid
conditioned on the financial aspects. In our last meeting after the review
i board, we voted to reject the bid, and that's our latest recommendation, again
on the financial information that we got. Now, the whole issue was so clouded
as this attorney has represented, that I would like you to approve this
deferral and see what we can do and if it is factually so that this people are
financially responsible, we can save the City a lot of time and get the
boatyard on line and income producing. Thank you.
Vice Mayor De Yurre: OK, thank you very much. We have a motion and a second
to defer. Call the roll, please.
12 October 21, 1993
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 93-677
A MOTION TO DEFER TO THE NdVEMBER CCKUSSION MEETING
CONSIDERATION OF A PROPOSED RESOLUTION TO REJECT
PROPOSAL SUEMITTED BY LIGHTHOUSE MARINA AND BOATYARD
AT DINNER KEY, INC. FOR UNIFIED DEVELOPMENT OF DINNER
KEY BOATYARD AND MARINA PROPERTY AT 2640 SOUTH
BAYSHORE DRIVE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
ABSENT: None.
Vice Mayor De Yurre: Motion carries to defer.
Mayor Suarez: Item...
Commissioner Plummer: Excuse me, is that to a time in certain, is it to the
next meeting or...? So, that they can't say that they weren't notified.
Mayor Suarez: May the Clerk understand that that was the intention of the
movant and I think the second that it would be for the first regular meeting
in November.
Commissioner Plummer: Excuse me, the only meeting in November.
Mayor Suarez: Which I guess will be the only meeting in November.
Vice Mayor De Yurre: Well, then for the record, are we saying that we are
going to give sane finality to this at the next meeting, or then are going to
hear from the Waterfront Board that they haven't heard it yet, that they want
to hear it again, and we are going to defer it one more time? I mean...
Mayor Suarez: It was the intention of the moving party, which is myself, that
this would simply be voted on at that time and finally decided upon.
Mr. Odi.o: I .. .
Mayor Suarez: By presumably, new members of this Commission. And, at least
as to the Mayor's seat.
Mr. Odio: I know it's been deferred but the Waterfront Board did hear this
presentation, they did recommend for Lighthouse at one point, I renumber.
13 October 21, 1993
And, I don't know why they have to hear it again. But, that's fine with me.
But, that I want them to know that when they start talking about not having a
boat -yard that is functional, that all these delays... is doing is pushing
back six months in the rebuilding of this boat -yard.
Mayor Suarez: Mr. Manager, why are you arguing with this Commission's action,
sir?
Mr. Odio: No, I am not.
Mayor Suarez: This Commission obviously wants to pass over that final
decision to the next Commission in the hopes, among other things, that maybe
we can avoid litigation.
Commissioner Plummer: Well, can I ask a question, Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Plummer: Of the Manager. Mr. Manager, the moneys that were
forthcoming from the Feds for the rebuilding of the wet slips, is there any
reason why... whether they operate it or somebody else or us, why that is not
proceeding forward?
Mr. Odio: Well, I was waiting to see if a rejection would come or not. I
have a resolution here that it would take 4/5ths vote to go ahead and pick a
professional design services in the field of architecture, as may be required,
for the rebuilding of the Dinner Key Boatyard with the FEMA funds. So, if you
want to do that we can proceed...
Commissioner Plummer: Mr. Mayor, would you have any problem with that? To
get it started at least get the design started...?
Mr. Odio: We can do that if you so wish.
Conrdssioner Plummer: ...because, I mean, you know, whether it is them
operating it, or us or someone else, that's really the real revenue maker at
this time.
i Mayor Suarez: Tom, this... This is beyond, really, your client's situation.
This is really more what the City wants to do, sort of to get things moving on
it.
Mr. Odio: Yes.
Mayor Suarez: And, it doesn't really - I don't think - detract in any way
from your client's interest.
Mr. Odio: No.
Commissioner Plummer: Gets the wheels in motion.
Mayor Suarez: You are not talking about outside...
Commissioner Plummer: No, wet slips.
14 October 21, 1993
Mr. Odio: Outside. We need... I can read it...
Mayor Suarez: No, but I mean any expenditures of moneys for architects other
than our awn staff?
Mr. Odio: We do not have marine architects in staff.
Mayor Suarez: Can you use some FEMA money for that?
Mr. Odio: Yes, we can, this is all FEMA moneys.
Commissioner Plummer: Oh, yeah.
Mayor Suarez: I have no problem then.
Commissioner Dawkins: But, why... I mean, I can't understand why with FIU
(Florida International University), University of Miami, both having
architectural schools, why it cannot be given to them as a project? I don't
see why you have to spend money to get this done. I really don't.
Commissioner Plummer: We don't want another Miami Marina.
Mayor Suarez: We... Jack, you know, we, to pursue the Commissioner's thought
with Brickell Bridge there was so much discussion as to what to build there,
and this matter has been so covered in the media. We've had so many opinions
by the Miami Herald, et cetera...
Commissioner Plummer: But, why...
Mayor Suarez: ...most of which I've disagreed with. And, it is kind of a
cause celebre now. Can we have, as Commissioner Dawkins is suggesting, the
universities and so on, to put a design competition here?
Mr. Jack Luft: This resolution authorizes the Manager to interview three
firms. They could be a University team so long as they are registered and
they can seal the drawings so we can get a permit, he can pick whoever he
desires.
Commissioner Dawkins: Jack, Jack...
Mr. Luft: All this is doing is shortening the process by five months so that
we can get those docks built. That's all this is doing.
Commissioner Dawkins: Jack, Jack, Jack...
Mr. Luft: We have to get moving because the clock is ticking on the FEMA
money.
Commissioner Dawkins: Jack.
Mr. Luft: Yes, sir.
Commissioner Dawkins: Jack, I am a little disturbed by your saying it has to
be sealed and signed when everl time I look up and there is anything that you
15 October 21, 1993
or anybody else over there wants, you find somebody to do it pro-bono. But,
when you don't want it done, then you find a way to tell me it has to be
sealed, signed and delivered. You know, I have a little... I have a problem
with that, Jack.
Mr. Luft: Commissioner, these are construction drawings so that we can...
Commissioner Plummer: All right, I don't need all of this.
Mr. Luft: ...pull a building permit.
Commissioner Plummer: Can we pass this resolution which I've hear that
nobody is in opposition to? "A resolution by the affirmative vote of 4/5ths
of the members of the City Commission waiving competitive selection procedures
for the acquisition of professional design service in the fields of
architecture, engineering, and landscape architects, may be required for the
Dinner Key Boatyard project, otherwise known as the Merryl Stevens Boatyard,
Hurricane Andrew, DSR, project number 3040, ratifying and approving and
confirming the City Manager's finding that a valid public emergency exists;
justifying such waiver for such project; authorizing the City Manager to
negotiate and execute the necessary agreements in a form acceptable to the
City Attorney, with the most qualified firms for professional services, design
services, as required for said project; allocating funds therefor in an amount
not to exceed $80,000 from DSR Project number 3040 and to be brought back and
approved by this Commission." I have added that to the resolution. I so
move, Mr. Mayor.
Mayor Suarez: And is that in relation to the same item? I'm sorry?
Mr. Luft: Yes.
Commissioner Plummer: This is.
Mayor Suarez: Does it call for an expenditure?
Commissioner Dawkins: $80,000.
Commissioner Plummer: Not to exceed $80,000.
Mr. Odio: Up to eighty, up to...
Mayor Suarez: OK, I...
Mr. Odio: From FEMA moneys.
Commissioner Plummer: Mr. Mayor, it's got to come back here for us to
approve.
Commissioner Dawkins: $80,000.
Mayor Suarez: I have to vote against, Commissioner. But...
Commissioner Plummer: No...
16 October 21, 1993
Mayor Suarez: ...you know... If you were...
Commissioner Plummer: Excuse me.
Mayor Suarez: ...going to be looking at this in-house, I'd have no problem
with it. But, to expend that kind of money.
Commissioner Plummer: Mr. Mayor, and to my colleague Dawkins, it is not the
expenditure. It's got to come back here and this Commission will approve it
or disapprove it. All I am trying to do is to get the project moving now. If
you don't want to do it, or look...
Mayor Suarez: We have a motion. Do we have a second on that motion?
Commissioner Plummer: Hey. It's 4/5ths vote, if you all don't want to vote
for it, forget it. I withdraw, Mr. Mayor.
Mayor Suarez: Wait, wait. We don't even have a second. Do we have a second
on that motion?
Commissioner Dawkins: No.
Commissioner Plummer: No, sir.
Commissioner Dawkins: It is the third time, it dies for the lack of a second.
Mayor Suarez: All right.
Commissioner Plummer: So be it.
------------------------------------------------------------------------------
5. DEFER DISCUSSION REGARDING THE WYNWOOD COMMUNITY ECONOMIC DEVEUOPMEM
CORPORATION AND THE WYNWOOD FOREIGN TRADE ZONE.
------------------------------------------------------------------------------
Mayor Suarez: Ladies and gentlemen, I think the only matter left, unless we
have something to hear on the Wynwood Foreign Trade Zone which somebody
whispered here. Commissioner Dawkins, and maybe we are not going to hear that
today? There is no deal, there is no...
Commissioner Plummer: I move that it will be deferred.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
17 October 21, 1993
THEREUPON NOTION DULY MADE BY COMMISSIONER PUNMER AMID
SECONDED BY COMMISSIONER AIANSO, ITEM 4 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
6. EXTEND PRESENT TERM OF MANAGEMENT AGREEMENT WITH THE BOAT YARD
MANAP COMPANY, INC. FOR AN ADDITIONAL 30 DAYS -- FOR MANAGEMEN'.0 OF
THE DINNER KEY BOAT YARD AND MARINA.
------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Item 3, Mr. Mayor. If we... Now we have a
further delay on the boat yard. I need to extend, the people that are
there...
Mayor Suarez: No, I have no problem with that. They should be able to have
some sort of a predictable...
Commissioner Plummer: Give them another 30 days, I so move.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Well, wait a minute, wait, excuse me. Where are they
on the money that they owe us? I mean, I am really getting tired of everybody
owing the City money. Why don't we get our money up front? Do these people
owe us money?
Ms. Christina Cuervo: Yes, they do.
Commissioner Plummer: How much?
Ms. Cuervo: Right now they owe us 20,000 for the months that they have their
contract, and then whatever you approve for a retroactive lease.
Commissioner Plummer: And, what guarantee, that if they fail we are going to
collect our money? Do you got any collateral?
18 October 21, 1993
Ms. Cuervo: No, but we have agreed to... We've discussed them providing us
with their account receivables as collateral for the money they owe us. And,
they have approximately 63,000.
Commissioner Plummer: Mr. Manager, why do we allow ourselves to be with
companies in arrears? I don't understand. That's a poor way of doing
business.
Ms. Cuervo: They are...
Mr. Odio: This company was put together hastily, as you remember, to try to
keep the boat yard running.
Commissioner Plummer: Sir, this company put themselves together hastily...
Mr. Odio: I... I understand.
Commissioner Plummer: They promised this Commission 13,000. I...
Mr. Odio: No, they are going to put up their accounts receivable as
collateral. If they...
Commissioner Plummer: Yeah, that's like the accountant...
Mr. odio: If they don't pay, we keep the accounts receivable.
Commissioner Plummer: ...that skipped town with the accounts receivable.
Ms. Cuervo: But, we have... We have their boats.
Mr.. Odio: It is either that... Excuse me. It is either that or closing down
the yard. Now, at least we've got some revenues coming in.
Commissioner Plummer: Get the money. All right.
Mayor Suarez: All right.
Commissioner Plummer: Please.
Mayor Suarez: So moved on the item. And, seconded with...
Commissioner Plummer: Here is the one from Garces College.
Mayor Suarez: ...with instructions that we try to collect the money...
Commissioner Plummer: This one is five months in arrears.
Mayor Suarez: ...and sent Plummer over there.
Mr. Odio: That is not the City of Miami, Commissioner.
Commissioner Plummer: I hear you, sir. But, I mean, everywhere we turn,
everybody owes us money and nobody is paying.
19 October 21, 1993
Mr. Odio: That is not the City.
Mayor Suarez: OK, so moved and seconded. Do we have those motions?
Ms. Matty Hirai (City Clerk): I apologize, Mr. Mayor. Could I have the
motion again?
Commissioner Plummer: The motion is to advance him for another 30 days...
Ms. Hirai: Yes.
Commissioner Plummer: ...Until a decision is made.
Mayor Suarez: I think Commissioner Alonso seconded it. Call the roll,
please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-678
A MOTION TO EXTEND PREVIOUSLY APPROVED MANAGEMENT
AGREEW TP BM9EEN THE CITY OF NMG AMID THE BOATYARD
rWaGEl U COMPANY, INC., FOR AN ADDITIONAL 30 DAYS
UNTIL A FINAL DECISION IS REACHED BY THE CITY
COMMISSION AS TO THE MANAGEMENT, MAINIEW4CE AND
j OPERATION OF THE DINNER KEY BOAR YARD AT 2640 SOUTH
BAYSHORE DRIVE.
Upon being seconded by Ccmmissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
' NOES: None.
I;
ABSENT: Vice Mayor Victor De Yurre
20 October 21, 1993
-------------------------------------------
7. DISCUSSION CONCERNING THE POWERS OF THE AFFIRMATIVE ACTION ADVISORY
BOARD -- REQUEST CITY ATIORNEY TO COME BACK WITH A RECATION.
------------------------------------------------------------------------------
Mayor Suarez: One last item and I think we have a couple of items that
Commissioners want to present. But, if we could get through the regular
agenda right quick, then we have till 5:00. And, that is the Affirmative
Action report.
Commissioner Plummer: I don't think I even got any...
Mayor Suarez: Do we need to hear anything today?
Mr. Cesar Odio
(City Manager):
This was a request from
Commissioner Alonso.
I rather... I
don't believe we are ready to create any
more powers for the
advisory board.
There are some
legal questions that have
to be addressed. As
an Advisory Board, all they can
do is recommend to us or
to you, and report.
It needs to be
studied further
to find out how you can
extend powers to a
board. That is
something that we haven't...
Commissioner Alonso: Well, that was actually the intent of my request that it
be done legally and investigated. Because it has been... I was a member of
that board and felt the same degree of frustration. I believe the present
Mayor also was a member of that board, I think President or chairman of the
board.
Mayor Suarez: And, Commissioner Dawkins.
Commissioner Alonso: And, Commissioner Dawkins as well. And, I guess all of
us have felt, at one point or another, that something else was needed. And,
that was the intent of my request. And, actually, if you were not ready to
give us a report at this time, maybe you should have delayed the item but
definitely it is something that has to be done. How it is done, that's the
question. And, that was the intent of my request, to look into this situation
and see legally what kind of powers, or following the intent of the members of
that board that have expressed that feeling and Dr. Daniels can convey that
very clearly. Look into the law and see what could be done.
A. Quinn Jones III, Esq. (City Attorney): Dr. Alonso, I did review the
ordinance, of course, which created the Affirmative Action Advisory Board, and
my assessment of it is that either you have to totally restructure it and not
make it and Advisory Board in order to effectuate, as I hear you are saying,
in essence to give it more teeth.
Commissioner Alonso: Yes.
Mr. Jones: Because as long as it is structured as an advisory board, the only
thing coming out of it, because they are charged as established by the
ordinance, was basically to monitor and report back to the Commission on the
City's Affirmative Action Advisory... The Affirmative Action Plan established
by the City some years ago. So, if it is your intent, or your desire, for it
21 October 21, 1993
to have more teeth, then the advisory nature of it, would have to... It would
have to be totally restructured, is what I am saying to you.
Commissioner Alonso: Well, could the Administration look into that and work
with Dr. Daniels and see if there is any possibility that we can come up with
some sort of agreement that legally could be done, and we can give more
powers.
Mr. Odio: Well, that's why I need time to...
Commissioner Alonso: Directly coming to us. I don't know, you will have to
do that work for the Commission...
Mr. Odio: It is...
Commissioner Alonso: But, definitely, it's a feeling... Through the years,
and I am sure Dr. Daniels can testify to this, many people have resigned from
the board because they felt that they were wasting their time. Spending
numerous hours and they didn't accomplish what they felt they were named to
do. And, that's why it was my request to see if something could be
accomplished, something positive. Some of the numbers, I remember the test at
the time I was a member, it was an ongoing experience. And continue through
the years, and we have heard over and over and over again. And, I felt the
same way when I was a member. And, that's my feeling at the present time. I
would really appreciate that you look into the matter, and see if something
could be done. And I thought, and the intent of my request was to come back
to us. And I thought you were ready and I didn't see, felt, that perhaps
there was a presentation caning with some sort of recommendations to find -
even a middle of the road situation.
Dr. Hattie Daniels: Commissioner Alonso, speaking on behalf of Nora
Hernandez-Hendriz, Chairperson. She was unable to be here today. But, at the
next meeting of the board some... this discussion will take place and we will
provide those recommendations to the City Attorney to work something out and
present it to you at the next meeting.
Commissioner Alonso: OK, fine.
Mayor Suarez: You know, it might be that the only way to really give it some
teeth, is to figure out a way for them to have their own counsel. And, that
of course, costs money.
Commissioner Plummer: Yeah.
Mayor Suarez: But, I remember... And, this is not in reference to the
presence of the attorney because it was much before he got to be City
Attorney, but when I was on the board, they even had a City Attorney kind of
assigned to me. And, I felt that the City Attorney was typically trying to
tell me what things we could not do instead of what things we could do.
Commissioner Plummer: That is usually the case.
Mayor Suarez: So, that would be one way to do it.
22 October 21, 1993
Commissioner Alonso: That is interesting, I think that might be a way. OK.
Thank you.
Mayor Suarez: All right.
Commissioner Alonso: Yes, Mr. Mayor.
-------------------------------------------
8 . NOTIFY DADE COUNTY SCHOOL BOARD OF THE CITY' S STRONG OBJECTION TO THE
SCHOOL BOARD'S INTENT TO CONDEMN AND RAZE 19 HAS IN CORAL GATE
NEIGHBORHOOD TO CONSTRICT A NEW ELEMENTARY SCHOOL (STATE SCHOOL "H")
WITHOUT PUBLIC AND CITY ADMINISTRATION INPUT. (Note: This was later
formalized by R 93-695 - see label 37.)
-------------------- ---------------------------------------------------------
mayor Suarez: I am sorry, Commissioner Alonso, emergency item since we have a
little bit of time before 5:00.
Commissioner Alonso: Yes, I'd like to call Ricardo Ruiz. And, this has to do
with the situation in the area of Coral Gate. I was... I read in the paper,
in the Neighbors, the Miami Herald, and learned about a situation that the
school system is looking into building an elementary school in that
neighborhood. It read in the paper that they had contacted the neighborhood.
I found out last Sunday, I believe it was, at a meeting of the neighborhood
association and the neighbors, that indeed they were not informed of the
situation. According to a resolution that was approved already by the school
system, they named a portion of the park and they will need an agreement with
the City of Miami for a park -school agreement, to joint use of the Coral Gate
Park. Also, they will have to take over some of the hones adjacent to the
park. They also will need to close S.W. 15th Street, and what is amazing is,
number one, they did not contact the neighborhood people. Number two, they
did not get in touch with the City of Miami, and felt that they could go ahead
and take over and do whatever they pleased. What it is important is that the
neighbors have an opportunity to meet with the school system, that the City of
Miami have an opportunity to discuss this item. And, that it is done, you
know, giving the public an opportunity to public hearings. Because it is not
true the City of Miami had no idea, the Administration tells me that they were
not contacted. Sergio Rodriguez had no idea.
Mayor Suarez: Wait a minute, wait a minute, Commissioner, wait a minute. All
right, I have exactly three hours left as your Mayor, and this Commission is
going to function in an orderly fashion. I want everyone who is not making a
presentation to sit down. That includes Mr. Castaneda, Ms. Maine, Mr. Perez -
Cisneros, Jack King, Graciela... to-ra-ra Garrido, and everyone else. Please.
I am sorry, Commissioner.
Commissioner Alonso: Mr. Mayor, what I was trying to say, and they were not
paying much attention was that the neighbors feel that they should have a
voice. At least they should learn about the proposal. Discuss and see if
they are agreeable, if this is the proper site, some other site. You know,
some input as well as the City of Miami. And, that's why I decided to bring
the item and Mr. Ruiz should have the opportunity to let us know and then
23 October 21, 1993
instruct the Administration to work with the school system and see what could
be done.
Mayor Suarez: Ricardo, would you be satisfied... And, I don't mean to
preempt you, but I am kind of preempting you, with a strongly worded
resolution from this Commission that could be drafted right quickly before the
end of the evening by the City Attorney that says that we insist that the
School Board look carefully and have hearings and otherwise consult the
community before any such decision is made.
Mr. Ricardo Ruiz: Yes, sir. And, one thing is that they did pass a
resolution and adopted it.
Commissioner Alonso: That's...
Mr. Ruiz: So, which has us more than concerned.
Mayor Suarez: Right.
Mr. Ruiz: Because the way we know it right now, our houses are about to be
taken away.
Commissioner Alonso: We were not notified neither the neighborhood.
Mr. Ruiz: That's where the point is.
Mayor Suarez: Grace, is that a...
Commissioner Alonso: Do you got some information?
Commissioner Plummer: Mr. Mayor, please. Mr. Mayor, I don't want people to
go away with a false impression. We can send that letter, we can send that
resolution, we can scream, we can holler. But, let's remember, unless they
want to cooperate, we have no clout.
Commissioner Alonso: No, you are wrong, Commissioner.
Commissioner Plummer: Then where?
Commissioner Alonso: In this case, we have... they have to follow the zoning
ordinance of the City of Miami...
Mr. Ruiz: And, their own guidelines.
Commissioner Alonso: ...therefore, we have some things. On... Yes,
definitely. They have to follow the zoning ordinance of the City of Miami,
therefore, we have a say and can help the neighbors that at least their rights
are respected and they have some voice.
Commissioner Plummer: Well, I hope you are right. But, it was my always
understanding that a public school, like a post office, did not have to abide
by our zoning. Mr. City Attorney?
Commissioner Alonso: They have...
24 October 21, 1993
Mr. Joel Maxwell (Assistant City Attorney): No, they don't... They don't
enjoy that... They don't enjoy that type of sovereign immunity. What happens
under the zoning... under the statute, they are required to comply with the
comprehensive plan.
Mayor Suarez: Supremacy provision, Counselor. But, I don't want to correct
you. It is not sovereign immunity, but awfully close.
Mr. Maxwell: They don't enjoy it.
Mayor Suarez: Whatever it is, they don't enjoy it.
Commissioner Plummer: Do we... Excuse me. Do we hold any clout over this?
Mr. Maxwell: Yes.
Commissioner Plummer: That's all I wanted to hear.
Commissioner Alonso: Yes, we do.
Commissioner Plummer: Fine, that's great.
Mayor Suarez: Uh, Grace.
Ms. Graciela Valanzategui-Garrido: If I may, I really only...
Mayor Suarez: On the assumption... Wait.
Ms. Valanzategui-Garrido: I am sorry.
Mayor Suarez: Wait. On the assumption that this discussion among the
Commissioners has been resolved. That we some clout and that it makes sense
to do this, how do the neighbors feel about it? We've heard from one.
Ms. Valanzategui-Garrido: OK, we have not met on this. We have not talked
about it.
Mayor Suarez: We meaning the Coral Gate...
Ms. Valanzategui-Garrido: We meaning the Coral Gate Homeowners Association.
In truth, you honor...
Mayor Suarez: So you are warning us to be cautious in how we word this.
Ms. Valanzategui-Garrido: ...no, no, no. In truth, your honor, it is not...
It is not really in Coral Gate. Coral Gate is only that section which is
platted as Coral Gate.
Mayor Suarez: But, it affects Coral Gate.
Ms. Valanzategui-Garrido: Not really.
Mr. Ruiz: Yes, it does.
25 October 21, 1993
;i
Commissioner Alonso: Well, it is the Coral Gate Park.
Ms. Valenzategui-Garrido: Not really, no.
Commissioner Plumper: That's across the street.
Ms. Valenzategui-Garrido: Not directly, it is north of us and east of us. It
is behind the park. It...
Mayor Suarez: So, what would you suggest that we do? Do you have any problem
with the resolution that calls for the...
Ms. Valenzategui-Garrido: No, I don't...
Mayor Suarez: ...School Board to consult...
I Ms. Valenzategui-Garrido: No, my only purpose is to make sure that you all
understand that it is not Coral Gate R-1 who is yelling and screaming.
Mayor Suarez: There is no official position by the Coral Gate homeowners.
Commissioner Alonso: Exactly.
Mayor Suarez: All right.
j Ms. Valenzategui-Garrido: OK, thank you.
I Commissioner Alonso: Thank you.
Mr. Ruiz: You know, this is...
Mayor Suarez: Why are you going to argue with that? That's just a
clarification as to the association. Ricardo...
Carmissioner Alonso: Yes, it is the other neighborhood, it is the other side.
Mayor Suarez: We still want to...
Mr. Ruiz: Do you want... You know it's...
Mayor Suarez: ...send a fairly strongly worded resolution that says that the
School Board should consult the neighbors and of course, possibly, the City
then. Is what you are saying, Joel, right?
Mr. Maxwell: I would like to put that on the record, if I may, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: And, what happens is they are required to comply with our
cc mprehensive plan.
Mayor Suarez: Right.
26 October 21, 1993
Mr. Maxwell: And, of course, zoning is an element of the comprehensive plan.
But, they are two distinct documents. So, what happens is that they are
required the statute to give us certain notification.
Mr. Ruiz: Yes.
Mr. Maxwell: If we don't respond in the statutory period, we waive that. So,
that's what I wanted to make clear on the record.
Commissioner Plummer: Have we received such?
Commissioner Alonso: Have we?
Mr. Maxwell: No, I don't... I have no idea regarding this item whether we
have or not.
Mr. Ruiz: For six months, they've been dealing with this issue. For...
Mayor Suarez: Yes, but Ricardo, that's a technical issue and he is... What
he is...
Mr. Ruiz: But, it says in there own... in the guidelines, that one of the
things that they have to do is to coordinate this with the governmental
bodies. They did none of that.
Mayor Suarez: OK.
Mr. Ruiz: Not only that, they didn't notify us of any public hearing, at all.
Mayor Suarez: Us, meaning the neighbors, et cetera.
Commissioner Alonso: Yes.
Mr. Ruiz: The neighbors whose 19 homes are going to be destroyed by that.
Mayor Suarez: Very good. OK, so with those points, is it possible, Joel, in
your magic house of tricks back there, you can write a resolution we can...
Mr. Maxwell: Yes, sir.
Mayor Suarez: Very good. We are going to do this in one day. Pronto.
Mr. Ruiz: Thank you, Mayor, Miriam. Thank you very much.
Mayor Suarez: Why don't we... Why don't we move that Commissioner Alonso in
general terms and he'll reduce it to writing and we can vote on it?
Commissioner Alonso: Yes.
Commissioner Plummer: That's fine.
Commissioner Alonso: With all the points stated here and requesting that the
strongest wording possible to ask then to work with the City of Miami and the
neighborhood.
27 October 21, 1993
Mayor Suarez: And, take into consideration our powers of zoning, et cetera.
Commissioner Alonso: Yes, and they will come back at the end of the meeting
with the resolution, right?
Commissioner Plummer: We just approve it now. Why come back later?
Commissioner Alonso: Oh, OK. OK, fine.
Mayor Suarez: OK, so moved.
Commissioner Plummer: Second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-679
A MOTION INST1;(UCTING THE CITY ATTORNEY TO PREPARE A
RESOLUTION NOTIFYING THE DADE COUNTY SCHOOL BOARD OF
THE CITY'S STRONG OBJECTION TO THE SCHOOL BOARD'S
INTENT TO CONDEMN AND RAZE NINETEEN (19) HOMES IN THE
CORAL GATE RESIDENTIAL NEIGHBORHOOD OF THE CITY TO
CONSTRUCT A NEW ELEMENIARY SCHOOL ( STATE SCHOOL " H") ,
WITHOUT HAVING: 1) GIVEN THE CORAL GATE NEIGHBORHOOD
I AN OPPORTUNITY, PURSUANT TO A PUBLIC HEARING, WITH
SPECIAL NOTICE, TO GIVE INPUT; 2) THE PARTICIPATION OF
THE CITY'S PROFESSIONAL PLANNING AND ZONING STAFF IN
PROFESSIONAL PLANNING AND ZONING STAFF IN DETERMINING
COMPATIBILITY WITH THE RESIDENTIAL AREA AND
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN.
(Note: This motion was later formalized by R 93-695)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28 October 21, 1993
----------------------------•--------------------------------------------------
9. DECLARE. CITY'S SUPPORT FOR DADE COUNrY'S PROPOSED WEST WELLFIELD
P C`-- URGE APPROVAL OF PHASE I OF THE WEST WELLFIELD PROJECT BY THE
SOUTH FLORIDA WATER MANAGE U DISTRICT GOVERNING BOARD.
------------------------------------------------------------------------------
Mayor Suarez: We are otherwise adjourned until 5:00.
Commissioner Plummer: Mr. Mayor, I have a pocket item for the Administration.
Commissioner Dawkins: I know I have a couple of pocket items.
Mayor Suarez: God, everybody jumped all of a sudden when I said we might have
a recess here.
Commissioner Plummer: A resolution declaring the City of Miami support for
the Dade County proposed West Wellfield Project and further urging approval of
phase one of the West Wellfield Project by the South Florida Water management
district governing board. It comes with the Manager's recommendation. I so
move.
Mayor Suarez: "Quest que c'est," as they say in Paris. What is it?
Commissioner Alonso: Yes.
Commissioner Plummer: The well field.
Mr. Jim Kay: Dade County is having a problem getting approval of its west
well field... Post West Well Field which is going to pump in 40 million
gallons a day.
Mayor Suarez: No, I mean, what effect does the resolution have? Jim, what
are we doing?
Mr. Kay: Oh, we want to lend our support to their efforts. It is going for
the South Florida Management district the second week of November. And,
they... we have an application in.
Mayor Suarez: Are we requesting funds, by any chance, from the South Florida
Water Management Board?
Mr. Kay: Pardon?
Mayor Suarez: Are we requesting funds from the South Florida...
Mr. Kay: No, no, we are not.
Mayor Suarez: Are we requesting... are we proposing... But, what is the
resolution?
Commissioner Plummer: You are supporting. She's got... I gave it to her...
29 October 21, 1993
Mr. Kay: It is lending our support to their application.
Mayor Suarez: All right, so moved and seconded.
Mr. Kay: Because it does affect the City and the County.
Commissioner Dawkins: Under discussion.
Commissioner Plummer: Motherhood.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Why is it that you guys always come here telling me
what he County wants, and then when we have to talk about the tipping fee, or
whatever we have to get from the County, you all never come here and say that
the County is going to give us nothing.
Commissioner Plummer: This is the Water Management.
Mr. Kay: Well, this is something that will affect development in the City of
Miami.
Commissioner Dawkins: Beg your pardon?
Mr. Kay: This will affect development in the City of Miami in future years.
Now, this is planning ahead to provide...
Commissioner Dawkins: So does collecting the garbage, dumping fee affect
future residents of the City of Miami, if it keeps going up, we won't be able
to pay it.
Mayor Suarez: OK, basically...
Commissioner Dawkins: No further discussion.
Mayor Suarez: OK, all right, thank you, Commissioner. This is the matter
that Arsenio Milian was telling us about?
Mr. Kay: Yes.
Mayor Suarez: OK, I think. All right. Moved and seconded. Any discussion,
if not please call the roll.
Commissioner Plummer: Yes, sir.
30 October 21, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-680
A RESOLxTI'ION DECLARING THE CITY OF MIAMI' S SUPPORT FOR
DADE COUNTY'S PROPOSED WEST WELLFIELD PROJECT; FURTHER
URGING APPROVAL OF PHASE 1 OF THE WEST WELLFIELD
PROJECT By THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
GOVERNING BOARD; DIRECTING THE CITY MANAGER TO
INSTRUCT THE DEPARTMENT OF PUBLIC WORKS TO TRANSMIT A
COPY OF THIS RESOLUTION TO HEREIN SPECIFIED
INDIVIDUALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------
10. ALTACATE: (a) $48,000 FROM THE STREET NARCOTICS ROBBERY UNIT; AND (b)
$24,000 FROM ANOTHER AVAILABLE SOURCE -- T0: PUSH OUT THE PUSHER
OPERATION.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, Mr. Manager, the street narcotics unit is
out of money and the POP ( (Push Out the Drug Pushers) Unit is out of money
because we were using the LE... LETF (Law Enforcement Trust Fund) funds.
Mr. Cesar Odio (City Manager): Yes, sir.
Cccnmissioner Dawkins: We are selling tax anticipated notes, we should receive
approximately $200,000. I would like to move and the reason I am saying this,
my fellow Commissioners, is...
Mr. Odio: The Law Enforcement moneys are frozen.
Commissioner Dawkins: ...the street narcotics unit had 17 people. Ten of
them... if I am in error correct me, Mr. Manager, Ten of them were from the
Alcohol Tobacco and Fire Arms.
31 October 21, 1993
`kk
Mr. Odio: Yes, sir.
Commissioner Dawkins: Those 10 have been reassigned to their units. So that
means that we now only have our seven in the unit, and they do not have money
for cars and what have you.
Mr. Odio: Yes, sir.
Commissioner Dawkins: So, I would like to move that from the tax
anticipated... From the General Police budget that we go ahead and put
$48,000 for the street narcotics and $24,000 for the POP unit until you can
straighten it out. or, wherever you want to take it from knowing that we got
this money. And, the reason I am saying this, fellow Commissioners, is the
other night, I am told, Mr. Manager, correct me if I am wrong, the street
narcotics units bought in over $150,000.
Mr. Odio: Yes, sir.
Commissioner Plummer: That's possible.
Commissioner Dawkins: See. So the money is there. But, because of what it
is, and we do not... me, especially Commissioner Alonso running, do not need
the public to say that we held up LETF funds and the street narcotics unit
does not have automobiles to do their job.
Mr. Odio: Commissioner, may I ask? It simplifies matters if you just let me
take it out of LETF funds that you already approved.
Commissioner Plummer: No, no, no.
Mr. Odio: They were already approved by this Commission.
Mayor Suarez: I would prefer to do it that way.
Mr. Odio: It simplifies the matter and as long as you keep the other ones
frozen, what is the difference?
Commissioner Dawkins: You see...
Mayor Suarez: We had the same discussion the other day because...
Commissioner Plummer: You know.
Commissioner Dawkins: But you see every time you do this to me, I don't get
what I am supposed to get, see. Go ahead. No, no.
Mr. Odio: Yeah, but you are going.
Commissioner Plummer: Well, let me tell you something. I am about to invoke
the rule.
Commissioner Dawkins: OK.
32 October 21, 1993
Mr. Odio: OK, OK, don't even...
Commissioner Plummer: All right. Now, Commissioner Dawkins, you make your
motion as you presented it, and I'll second your motion.
Mr. Odio: Fine, fine, fine.
Commissioner Plummer: OK?
Commissioner Dawkins: All right.
Mr. Odio: I just want to get the unit working.
Commissioner Dawkins: All right, I move that $48,000 be given to the street
narcotics unit for the year, that's what they need for the year. And, $24,000
be given to the POP unit for three months until we can straighten out the rest
I and that the Manager be instructed to take the money from wherever he can take
I it from until it is time to place it back.
Mr. Odio: That's fair.
Commissioner Plummer: That's fair. Because he can't touch the LEF (sic)
without coming here.
Mayor Suarez: So moved and seconded.
Commissioner Plummer: Am I correct?
Commissioner Dawkins: Yes. No LEF (sic) funds.
Commissioner Plummer: That's correct.
Commissioner Plummer: OK, I second the motion.
Mayor Suarez: You finally... You two guys have finally managed to put the
rest of us in a position that we can't possibly vote against it. Because it
sounds like something that is of great public urgency. But, that is the wrong
way to do it. So, I don't know what I can say unless somebody else wants to
move a substitute motion that...
Commissioner Dawkins: Well, either...
Mayor Suarez: ...says take the money from LETF like we did the other day.
Which is probably going to create a major argument here for the next 11
minutes, et cetera. And, maybe longer.
Commissioner Plummer: I've got other things, Mr. Mayor.
Mayor Suarez: I am sorry?
Commissioner Plummer: I have other things for the 11 minutes.
Mayor Suarez: All right. Any further discussion? If not, please call the
roll on the motion.
33 October 21, 1993
E
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-681
i
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $48,000
i TO THE STREET NARCOTICS UNIT OF THE MIAMI POLICE
DEPAR'IMM, FOR THE CURRENT YEAR, FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET AMID FURTHER
ALLOCATING FUNDS IN THE AMOUNT OF $24,000 TO THE PUSH
OUT THE DRUG PUSHERS UNIT OF THE MIAMI POLICE
DEPARTMENT, FOR A PERIOD OF THREE MONTHS, FROM THE
POLICE DEPAR'I.MENT' S GENERAL OPERATING BUDGE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plumper, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
III ABSENT: None.
------------------------------------------------------------------------------
11. RESCIND R 93-651, APPOINTING LUIS SABINES TO THE PRIVATE IN U3MY
COUNCIL -- DESIGNATE THAT SAID APPOINTMENT SHALL BE MADE BY CAMACOL.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor.
Commissioner Plug: Mr. Mayor, I...
Mayor Suarez: Yes.
Carmissioner Plumper: ...would like to correct a thing that I did the other
day on the appointment to the PIC. And, I appointed Luis Sabines, I was
supposed to appoint a designated member of CAMACOL.
Mayor Suarez: All right.
Commissioner Plummer: And, I would like to change...
Mayor Suarez: Yes.
34 October 21, 1993
Commissioner Plummer: ...the wording so that it would be a designated member
of CAMACOL who would be serving in that position. I so move.
Commissioner Dawkins: Second.
Mayor Suarez: So moved that CAMACOL designee be the one, and, seconded.
Commissioner Plummer: Yeah, except one.
Mayor Suarez: Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-682
A RESOLUTION RESCINDING MIAMI CITY CWMISSION A
RESOLUTION N0. 93-651, ADOPTED OCTIOBER 14, 1993, IN
ITS ENTIRETY, WHEREBY LUIS SABINES WAS APPOINTED TO
THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA;
FURTHER CLARIFYING THAT SAID VACANCY IS TO BE FILLED
BY A MEMBER OF CAMACOL AMID APPOINTED BY SAID
ORGANIZATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Comnissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35 October 21, 1993
------------------------------------------------------------------------------
12. BRIEF COMME.'US A10 DEFERRAL OF DISCUSSION CONCERNING MIAMI SPORTS AND
EXHIBITION AUTHORITY BUDGET -- DIRECT ADMINISTRATION TO PLACE ON AGEMA
FOR NEXT MEETING.
-------------------------------------------------------------------------------
Mayor Suarez: Anything further, Commissioner Dawkins?
Commissioner Dawkins: I have one more.
Mayor Suarez: Yes.
Commissioner Dawkins: I pass to you on a separate cover a copy of the MSEA
(Miami Sports Exhibition Authority) budget and I would like it so moved.
Mayor Suarez: OK.
Commissioner Plummer: I'd like to hold that up, Mr. Dawkins. I have a lot of
questions on that. And, I would ask that that be held until the next meeting.
Commissioner Dawkins: I respect your right to hold it up. And, I withdraw
mine.
------------------------------------------------------------------------------
13. ACCEPT BIDS: (a) PALM PETERBILT GMC TRUCKS ($1,045,356); (b) WHITE GW-
OF PALM BEACH ($512,077); (c) MACK SALES OF SOUTH FLORIDA ($1,385,0r,0);
(d) ATLANTIC FORD TRUCK SALES ($605,528); (e) METRO -TECH EQUIPMENT CORP.
($388,935); AND (f) SOUTHLAND EQUIPMENT CORP. ($233,630) -- FOR HEAVY
AUDOMOTIVE EQUIPMENT -- PURCHASE FIVE STREET SWEEPERS FROM RAY PACE'S
WASTE Eg.jIR ENT, INC. (FOR DEPARTMENT OF GSA AND SOLID WASTE).
Mayor Suarez: All right. Anything further, Commissioners.
Mr. Cesar Odio (City Manager): Mister...
Vice Mayor De Yurre: Yes. Mr. Manager, Commissioner, Vice Mayor De Yurre.
Vice Mayor De Yurre: Well, let Mr. Odio go ahead.
Mayor Suarez: Mr. Odio, Mr. Manager.
Mr. Odio: I have two that I wouldn't bring up if unless...
Commissioner Plummer: When did he get the right to pocket?
Mr. Odio: I have two pocket items. I always give them to you.
Mayor Suarez: I yield my emergency items to the Manager.
36 October 21, 1993
Mr. Odio: Sir, I have a resolution accepting the bid of...
Commissioner Plummer: We would be on the last day, are we?
Mayor Suarez: Yes, sir.
Mr. Odio: ...accepting bids... These bids were issued way in August and they
will only hold these prices until November 1st.
Mayor Suarez: What are they for, Mr. Manager?
Mr. Odio: These are equipments for the Solid Waste Department.
Mayor Suarez: OK.
Mr. Odio: And, we are short of...
Mayor Suarez: Where are the funds coming from?
Mr. Odio: The resolution accepting the bid of Palm, Peterbuilt, GMC trucks in
the amount $1,045,000; White GC of Palm Beach in the amount of $512,000.
Mack Sales of South Florida - which is Dade County, in the amount of
$1,385,000; Atlantic Ford Truck Sales in equipment in the amount of $388,935
from Southland Equipment Corporation, in the amount of $233 for a proposed
amount of four million one seventy-five twenty-six. And, in addition
purchasing five street sweepers under an existing City of Miami Beach bid
number 53792-93, from Ray Pace Waste Equipment Inc., in the amount of $374,500
j for a total proposed amount of $4,545,206. We need this equipment for the GSA
Solid Waste Department. There are 36 - month plan offered by a financial
institution.
Vice Mayor De Yurre: So moved.
Mayor Suarez: So moved. Commissioner Dawkins, yes.
Commissioner Dawkins: Second. Under discussion. Yes, did I hear you... Did
I hear you say you were going to buy some Ford trucks?
Mr. Odio: We have a few in the bid that we was... Go ahead, explain why.
Mr. Ron Williams (Assistant City Manager): Yes, Commissioner Dawkins. We
will buy some Fords. But, we will also be buying Mack trucks...
Mayor Suarez: The question was, "Did he hear you say that some of the brand
names of some of the equipment were Ford?"
Mr. Williams: Yes.
Mr. Odio: Yes.
Commissioner Dawkins: How many Ford trucks are you purchasing?
Mr. Odio: You go ahead.
37 October 21, 1993
zZ'N�
Commissioner Plummer: Ford, fix or repair daily, F 0 R D.
Mr. Odio: Well,.not... This is the first time and this... We worked this
out with Commissioner, that we are buying Mack and...
Mayor Suarez: How many, please, is the question?
Mr. Williams: Twenty, Commissioner.
Commissioner Plummer: How many?
Mr. Williams: Twenty, I am sorry.
Commissioner Dawkins: Twentyl
j Mr. Williams: Twenty, yes.
j Commissioner Dawkins: And, how many Mack trucks?
Mr. Williams: We are buying 25 Mack trucks.
Commissioner Alonso: And, what was the emergency?
Mr. Odio: These bids are only good until November 1st. If we have to go out
on bids again, the price will definitely go up. We were informed...
r Commissioner Plummer: Can I ask a question?
Mr. Odio: Yes.
Commissioner Plummer: Are the same... Are the Ford trucks and the Mack trucks
basically the same trucks? I mean, are they six yard dump trucks?
Mr. Williams: No, no, they are not, Commissioner. They...
Commissioner Plummer: They are entirely different kinds of trucks?
Mr. Williams: We've gone to the Mack as part of our garbage truck that will
carry our packers, which basically is the real work horse of our fleet.
Commissioner Plummer: And, what are the Ford trucks?
Mr. Williams: The Fords will be used in the dump truck area in public works,
some in parks, lighter purposes as compared to the...
Conmissioner Plumper: The only reason I asked the question was maintenance if
you got to have parts, different parts, for all of the different trucks.
Mr. Odio: They... No, this is the first time we are going to heavy trucks on
the solid waste garbage pickup. And, the...
Mayor Suarez: You've exceeded my understanding of dump trucks, but not the
question that Comnissioner Dawkins logically asked which is why is this on an
emergency basis? Why wasn't this simply scheduled as a regular item?
38 October 21, 1993
Mr. Odio: We did and unfortunately, we was bumped out due to lack of time.
The bids were in August 23rd.
Mayor Suarez: All right.
Mr. Odio: And, because of the number of items we had this was kept bumping...
Mayor Suarez: And the funds are coming from the capital budget?
Mr. Odio: We have the budget. It will be in the capital budget.
Commissioner Dawkins: Isn't that the same... Is that the same arrangement
where you said that with a Mack truck you also get maintenance? You get a
maintenance contract?
Mr. Williams: We do...
Mr. Odio: I don't...
Mr. Williams: We do not have that as part of this package, Commissioner.
Certainly we would be talking to them about that.
Mr. Odio: We did... I did meet with them, and they are going to - the next
time - they couldn't do it now. They will profer a turn key operation where
we will get total maintenance.
Commissioner Plummer: A turkey operation?
Mr. Williams: Turn key.
Commissioner Plummer: Oh, turn key.
Commissioner Dawkins: I am going to vote for this. But, I don't understand
it, Mr. Manager.
s
Mr. Odio: OK.
Commissioner Dawkins: You don't have anybody working. We are not adding
anybody else to the work force.
Commissioner Plummer: Who is going to drive them?
Commissioner Dawkins: And yet, we get the opportunity to get vehicles and get
a maintenance contract on them, where the vehicles would be repaired and ready
to go, and we pass it up. I don't understand it.
Mr. Williams: Commissioner, we do not have that available at this point.
But, to get your thought...
Commissioner Plummer: Mr. Williams, did you hear him say he was going to vote
for it?
Mr. Williams: Yes, sir.
39 October 21, 1993
AI
Mayor Suarez: The record clarify I think when he said was a turn key, just so
that it doesn't come out in the record as being turkey trucks that we are
buying here.
Commissioner Plummer: That's what I heard.
Mr. Odio: No, they don't make turkey trucks.
Mayor Suarez: Right, it is just scary and maybe the terminology has changed
from lemons to turkey.
Mr. Odio: That...
Mayor Suarez: Yes, Mr. Gonzalez-Goenaga, I can't imagine what possible...
Commissioner Plummer: All the turkeys are...
f
Mayor Suarez: ...relevance this may have to you, sir. If the City recommends
buying these trucks...
Commissioner Plummer: All the turkeys are in Tallahassee.
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Suarez: ...but...
Mr. Gonzalez-Goenaga: The relevancy...
Mayor Suarez: It is that... Excuse me, sir. It is after 3:00 p.m., and I
guess under the code you are allowed two minutes, sir. Go ahead.
Mr. Gonzalez-Goenaga: The relevancy is and the philosophy behind this that
for what specific use are they going to be used? Because I see Wynwood before
at the present, and I don't know about the future. Dirty... garbage is not
picked up. If you go under the expressway, if you go north on 36th Avenue,
that's junk.
Commissioner Plummer: Thirty-six Street.
i
Mr. Gonzalez-Goenaga: And then, I heard in the TV that Mr. Suarez announced
the beautification and cleaning up. It was announced on TV on a Friday on
Channel 23. I saw it. And I have never seen anything of that. So, why don't
we wait until the new Commissioners come out, because today Mr. Suarez, is
your last tango in Miami. And, maybe we will be able to dump this management
very soon.
Mayor Suarez: All right, sir.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Suarez: By the way, I have a seat, Mr. Gonzalez-Goenaga. By the way,
sir, the overpasses you are talking about, are all State jurisdiction. And, I
sure hope that the Administration moves a little bit more aggressively to get
the State to take care of its underpasses, all right.
40 October 21, 1993
Commissioner Dawkins: OK.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: To follow up on what was said, you are buying six
street sweepers?
Mr. Williams: Five, Commissioner.
Commissioner Dawkins: Five, and that gives us a total of what, haw many?
Mr. Williams: A total of 10.
Commissioner Dawkins: A total of 10. And, how many...
Mr. Williams: Ten new, Commissioner, let me qualify that. Ten new.
Commissioner Dawkins: Ten new ones?
Mr. Williams: Right. Because we have five that are relatively new.
Mayor Suarez: How many do we now have in total? Total, is what Commissioner
wants to know.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Williams: Functionally, we will have 10.
Commissioner Dawkins: All right, the non-functional five, what is wrong with
them?
Mr. Williams: They are basically reached the point were they are not economic
to continue to maintain.
Commissioner Dawkins: So we do not have a non-traditional four, because they
are junk and on the scrap pile?
Mr. Williams: We will gradually remove them from service, Commissioner.
Commissioner Dawkins: Wait a minute, now. Either they can function, Mr.
Williams, or they can't function. Now, if they can function, why would you
remove them from service?
Mr. Williams: Because they...
Commissioner Dawkins: If they are not... If they are not functioning, they
are not in service.
Mr. Williams: Because they are not functioning properly and economically. We
would... It makes sense for us to pull them out of service.
Commissioner Dawkins: OK. Approximately how many sweepers are on the streets
each night?
41 October 21, 1993
Mr. Williams: Eight.
Commissioner Dawkins: Eight. And, they sweep 17th Avenue from 20th Street to
36th Street.
Mr. Williams: Yes, sir.
Commissioner Dawkins: Haw many times a week?
Mr. Williams: Suppose to be at least three times a week.
Commissioner Dawkins: I am glad you qualified it with the verb suppose,
because they don't do that. OK. So, now... But we'll get to that, like you
said, with the next Administration. And, maybe you can get them to work.
I
j Mayor Suarez: Very good. OK. We have a motion and a second.
Commissioner Plummer: Yes, sir.
Mayor Suarez: He was just directing his comments to you. He wasn't
recognizing you, you are not at the mike. Call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
I RESOLUTION N0. 93-683
A RESOLUTION ACCEPTING THE BIDS OF PALM PETERBILT GMC
TRUCKS IN THE AMOUNT OF $1,045,356.00, WHITE GW- OF
PALM BEACH IN THE AMOUNT' OF $512,077.00, MACK SALES OF
SOUTH FIARIDA IN THE AMOUNT OF $1,385,000.00, ATLANTIC
FORD TRLJCK SALES IN THE AMOUNT OF $605,528.00, METRO -
TECH EQUIPMENT CORP. IN THE AMOLM OF $388,935.00 AND
SOUI'HLAND EQUIPMENT CORP. IN THE M40LM OF
$233,630.00. FOR A PROPOSED AMOUNT OF $4,170,526.00
AND IN ADDITION PURCHASING FIVE (5) STREET SWEEPERS
UNDER AN EXISTING CITY OF MIAMI BEACH BID NO. 57-92/93
FROM RAY PACE'S WASTE EQUIPMENT, INC. IN THE AMOUNT OF
$374,500.00, FOR A TOTAL PROPOSED AMOUNT OF
$374,500.00, FOR A TOTAL PROPOSED AMDM OF
$4,545,026.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; SAID EQUIPMENT TO BE
ACQUIRED THROUGH A 36-MONTH LEASE PURCHASE PLAN
OFFERED BY A FINANCIAL INSTITUTION; ALLOCATING FUNDS
THEREFOR FROK THE DEPARTMENT OF GENERAL SERVICES
A&UNISTRATION BUDGET, FLEET MANAC'EMEN'I' DIVISION,
ACCOUNT CODE NO. 420901-880; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROS OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
42 October 21, 1993
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
------------------------------------------------------------------------------
14. (A) EXEaM AGREEMENT WITH MANUFL ARQUES, CONSULTANT -- TO PERFORM!
SERVICES OF TRADE MISSION COORDINATOR (OCTOBER 1, 1993 - SEPTE4M
30, 1994) -- SUBJECT TO INTERNATIONAL TRADE BOARD APPROVAL.
(B) EXECUI.'E AGREEMENT WITH FIICNM CERVONE D'URSO, CONSULTANT -- TO
PERFORM SERVICES OF INTERNATIONAL TRADE SPECIALIST (OCTOBER 1,
1993 - SEPTEMBER 30, 1994) -- SUBJECT TO INTERNATIONAL TRADE BOARD
APPROVAL.
(C) EXECUTE AG MZEM WITH MANUEL J. GONZALEZ, CONSULTANT -- TO PERFORM
SERVICES OF MIARKETING SERVICES COORDINATOR (OCTOBER 1, 1993 -
SEPIEMBER 30, 1994) -- SUBJECT TO INTERNATIONAL TRADE BOARD
APPROVAL.
(D) EXECUTE AGREEMENT WITH SANDRA W. JOICE, CONSULTANT -- TO PERFORM
SERVICES OF INTERNATIONAL ECONOMIST (OCTOBER 1, 1993 - SMYMMER 30,
1994) -- SUBJECT TO INTERNATIONAL TRADE BOARD APPROVAL.
(E) EXECUTE AGREEMENT WITH ANDRES VARGAS-GOMEZ, CONSULTANT -- TO PERFORM
SERVICES OF INTERNATIONAL PROTOCOL SPECIALIST (OCTOBER 1, 1993 -
SEPTENMR 30, 1994) SUBJECT TO INTERNATIONAL TRADE BOARD
APPROVAL.
Mayor Suarez: Mr. Manager.
Mr. Cesar Odio (City Manager): The other item is because these people were
not submitted in time. They were waiting for the budget to be approved from
the International Trade Board. These are the consultant agreements so that
they can paid. I want Kevin Miles to come up to the microphone and explain
why. What is this? Because this was approved by the board I believe.
Mayor Suarez: So we need to waive anybody's conflict? Is that what it is?
Or what are we doing?
Commissioner Alonso: No.
Commissioner Plummer: No.
43 October 21, 1993
♦,1 44
Mayor Suarez: Are we approving consultant...
Mr. Odio: These are the five consultant agreements that the International
Trade Board has approved.
Mayor Suarez: Five consultant agreements that the International and Trade
Board has approved to do what, with whom?
Commissioner Plummer: Individuals for services.
Mr. Kevin Miles: No, they did...
Mr. olio: Wait, wait, the Board has not approved.
Mr. Miles: They haven't come before the board. They...
Commissioner Plummer: They have not?
Mr. Miles: No.
Mr. odi.o: So, that's...
Commissioner Plummer: I invoke the rule and take them back before the board.
Mayor Suarez: Yeah, and really you should have a little more explanation.
Commissioner Plummer: Well, they should definitely go before the board and be
approved before they come here. We don't want to override the board, Kevin.
Mr. Miles: Right.
Commissioner Plummer: Mr. Mayor, this was the way that I started this action.
Mr. Odio: Wait, Victor.
Commissioner Plummer: I started this action so that they were not permanent
employees. And, this way that if you did not wish to retain those
individuals, that you could just not renew the contract. But I think that the
board has to speak to each and every one of them.
Mr. Odio: No, I assumed this had been approved by the board.
Commissioner Plummer: Well, let me do it an easier way, to try to save time
and efforts. I will move the approval of these contracts subject to board
approval. Victor, you are the chairman, is that agreeable?
Vice Mayor De Yurre: That's fine. What is the procedure? Do you always take
it before the board? Because that places them in a kind of automatic thing.
Commissioner Plummer: No, it is not automatic. It is not automatic, because
that's what we did so that we could either retain them or we didn't have to
worry about arty kind of uneasy, un... What was the word I want? Anyhow, I'll
move these contracts of five in number that were presented to us be approved
subject to board approval. I so move.
44 October 21, 1993
Vice Mayor De Yurre: That's fine. Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please Call
the roll.
The following resolutions were introduced by Camissioner Plummer, who
moved their adoption:
RESOLUTION NO. 93-684
A RESOLUTION, WITH ATTACFRMU, AUTHORIZING THE CITY
MANAGER TO EXEC TPF. AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO THE APPROVAL OF THE
INTERNATIONAL TRADE BOARD ("BOARD"), WITH MA1UEL
ARQUES, CONSULTANT, TO PERFORM THE SERVICES OF TRADE
MISSION COORDINATOR, FOR THE PERIOD OF OCTOBER 1, 1993
THROUGH SEPTEMBER 30, 1994, IN THE AMOUNT OF
$24,000.00; ALLOCATING FUNDS THEREFOR FROM THE
INTERNATIONAL TRADE BOARD BUDGET.
RESOLUTION NO. 93-684.1
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO THE APPROVAL OF THE
INTERNATIONAL TRADE BOARD ("BOARD"), WITH FII0
CERVONE D'URSO, CONSULTANT, TO PERFORM THE SERVICES OF
INTERNATIONAL TRADE SPECIALIST, FOR THE PERIOD OF
OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994, IN THE
AMOUNT OF $36,000.00; ALLOCATING FUNDS THEREFOR FROM
THE INTERNATIONAL TRADE BOARD BUDGET.
RESOLUTION NO. 93-684.2
A RESORPTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN
AGREEMENT, IN
SUBSTANTIALLY
THE
ATTACHED FORM AND SUBJECT
TO THE
APPROVAL OF
THE
INTERNATIONAL TRADE BOARD
("BOARD"),
WITH MANUEL
J.
GONZALEZ, CONSULTANT,
TO PERFORM
THE SERVICES
OF
MARKETING SERVICES COORDINATOR, FOR THE PERIOD
OF
OCTOBER 1, 1993 THROUGH
SEPTEMBER
30, 1994, IN
THE
AMOUNT OF $42,000.00;
A I=TING FUNDS THEREFOR TO
THE
INTERNATIONAL TRADE BOARD
BUDGET.
45 October 21, 1993
RESOL nioN NO. 93-684.3
A RESOLUTION, WITH ATTACF1 Z TP, AUTHORIZING THE CITY
MANGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO THE APPROVAL OF THE
INTERNATIONAL TRADE BOARD ("BOARD"), WITH SANDRA W.
JOICE, CONSULTANT, TO PERFORM THE SERVICES OF
INTERNATIONAL ECONOMIST, FOR THE PERIOD OF OCTOBER 1,
1993 THROUGH SEPTEMBER 30, 1994, IN THE AMOUNT OF
$42,000.00; ALLOCATING FUNDS THEREFOR FROM THE
INTERNATIONAL TRADE BOARD.
RESOLUTION NO. 93-684.4
A RESOLUTION, WITH ATTAaDE TT, AtTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM AND SUBJECT TO THE APPROVAL OF THE
INTERNATIONAL, TRADE BOARD ("BOARD"), WITH ANDRES
VARGAS-M EZ, CONSULTANT, TO PERFORM THE SERVICES OF
INTERNATIONAL PROTOCOL SPECIALIST, FOR THE PERIOD OF
OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994, IN THE
AMOUNT OF $36,000.00; ALLOCATING FUNDS THEREFOR THE
INTERNATIONAL TRADE BOARD BUDGET -
(Here follows body of resolutions, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolutions were passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMME M MADE DURING ROLL CALL:
Commissioner Dawkins: I don't know what I am voting on.
Commissioner Plummer: We now nominate you as chairman of the International
Trade Board. You'll learn.
Vice Mayor De Yurre: You were there once. Weren't you?
Commissioner Dawkins: Yeah., But, I see $24,000. You say you move how many?
Commissioner Plummer: Contract for all five of them.
Commissioner Dawkins: All right, so five into 24, go five, so that's $5,000
per contract.
46 October 21, 1993
Vice Mayor DeYurre: No, man, no, no, no.
Commissioner Plummer: No air, that's individually? There is one here,
there's another one. This one is 36...
Commissioner Dawkins: Well, to do what?
Commissioner Plummer: But, these are contractual employee of International
Trade.
Commissioner Dawkins: I vote no. I don't know...
Mayor Suarez: And, I don't even know if I am to sign this then if it is going
to be subject to the International Trade Board.
Commissioner Plummer: Subject to both, sir.
Mayor Suarez: No, but I mean, do I sign these resolutions? - I mean, what is
the effect of this vote?
Commissioner Plummer: Once it...
Mayor Suarez: Are we approving this...
Commissioner Plummer: Sir, assuming you sign them with the approval of the
board, then they are in effect. If not, then they are not in effect, sir.
,lust that simple.
Mayor Suarez: All right, I strongly suggest that the next Commission take a
different approach to this. Either they are going to be employees of the
board, such as the DDA (Downtown Development Authority) does, or they are
employees of the City of Miami, which means that they go through the
Administration.
Commissioner Plummer: Yes, sir.
Mayor Suarez: This double approval thing is... I don't know.
Vice Mayor De Yurre: Well, the problem, Mr. Mayor, is that this International
Trade Board is a totally different animal. It is not an authority.
Vice Mayor De Yurre: It runs under the office of the City Manager, and many
actions, really, that happens there has to come before the City Manager. They
cannot approve...
Commissioner Plummer: You are right.
Vice Mayor De Yurre: ...any action more than $4,500 without coming to this
Commission. Any action at all, any moneys that are given or awarded or
spent, have to be with the OK, and the blessing of the City Manager. It is
just as if it was a separate department of the City of Miami.
Mayor Suarez: I strongly suggest you simplify that. But, that will be for
the next Commission to do. OK. Mr. City Attorney...
47 October 21, 1993
Commissioner Plummer: Mr. Mayor, I...
Mayor Suarez: ...I am supposed to sign these, and then if the board doesn't
approve...
Mr. Jones: They'll be OK.
Mayor Suarez: Then they have no effect.
Mr. Jones: That's right.
Mayor Suarez: They are like null and...
Mr. Jones: They'll be null and void.
Mayor Suarez: Why is Karen Wilson going like this? Is she how the latest
Assistant City Attorney?
Commissioner Plummer: Kevin, I would strongly...
Mayor Suarez: It is incredible how many people here have legal opinions. All
right, moved and second. Any discussion? If not please call the roll.
Commissioner Plummer: I would strongly suggest in the future...
Vice Mayor De Yurre: No, only your vote. We all voted.
Mayor Suarez: Yes, I vote yes.
Commissioner Plummer: ...that before you bring them here, get the board to
approve.
---------------------------------------- ------------------------------------
15. EXECLYI'E PROFESSIONAL SERVICES AGREEIVNT WITH ALBERT R. PEREZ AND
ASSOCIATES, P.A. -- FOR DESIGN SERVICES ASSOCIATED WITH PHASE I BISCAYNE
BOULEVARD BEAUTIFICATION PROJECT -- ALLOCATE $10, 000 FROM CWMTY
DEVELOPMENT BLACK GPM FUNDS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: OK, Mr. Mayor, I have two quick pockets here. One is
the City's, and it says a resolution with attachments...
Commissioner Plummer: Did we vote on these five?
Vice Mayor De Yurre: ...I believe everyone has a copy. What? Yeah, we did.
Commissioner Dawkins: Yes.
Commissioner Plummer: We did? All right.
Vice Mayor De Yurre: A resolution with attachment, authorizing the City
Manager to negotiate and execute a professional services agreement, in
48 October 21, 1993
substantially the attached form, with the firm of Albert R. Perez and
Associates, P.A., in an amount not to exceed $10,000 for design services
associated with the Phase I Biscayne Boulevard Beautification Project; and,
allocating funds therefore in the amount of $10,000 from Community Development
Block Grant Funds, Project Number 701204, Account Code Number 451891-860,
Phase I Biscayne Boulevard Beautification Project, I so move.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-685
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FIRM OF ALBERT R. PEREZ AND ASSOCIATES,
P.A., IN AN AMOUNT NOT TO EXCEED $10,000, FOR DESIGN
SERVICES ASSOCIATED WITH THE PHASE I, BISCAYNE
BOULEVARD BEAUTIFICATION PROJECT; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $10,000, FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 701204,
ACCOUNT CODE NO. 451891-860, PHASE I BISCAYNE
BOULEVARD BEAUTIFICATION PROJECT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
49 October 21, 1993
------------------------------------------------------------------------------
16. APPOINT' INDIVIDUAL TO WATERFRONT BOARD. (Appointed was: Patrick
O'Brien.)
------------------------------------------------------------------------------
Vice Mayor De Yurre: And, my second one, I want to name Patrick O'Brien to
the Waterfront Advisory Board. I have an appointment there.
Mayor Suarez: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
Commissioner Plummer: Patrick O'Brien.
Vice Mayor De Yurre: Yeah, Pat O'Brien. You've seen him around.
Commissioner Plummer: Yes.
Mayor Suarez: Sounds like he is in the movies.
Commissioner Plummer: I went to his bar in New Orleans.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-686
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF
THE CITY OF MIAMI WATERFRONT ADVISORY BOARD, TO SERVE
A TERM AS DESIGNATED HEREIN. (Note for the record:
Mr. Patrick O'Brien was nominated by Vice Mayor De
Yurre.)
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miriam Alonso
50 October 21, 1993
------------------------------------------------------------------------------
17. DIRECT ADMINISTRATION TO CONDUCT A STUDY OF BARRICADES IN THE CORAL GATE
NEIGHBORHOOD -- ALLOCATE FUNDS FROM MAYOR SUAREZ'S BUDGET.
Mayor Suarez: Now we have that part of the session that is...
Commissioner Plummer: Why are the barricades not in Coral Gate? Mr. Manger.
Mr. Cesar Odio (City Manager): What's that?
Commissioner Plummer: Why are the barricades not in Coral Gate? I am
receiving letters saying; "Commission, why don't you do what you promised?"
Mr. Jim Kay: Commissioner...
Commissioner Plummer: Sir, why don't we do what we promise?
Mayor Suarez: Jim, before you answer, let me make a suggestion.
Commissioner, maybe you can retake the motion. This will be one of my
emergency. If it is appropriate, Mr. Manager, Mr. City Attorney, it looks
like there will be a surplus of my budget for the period until the runoff and
until I cease being Mayor of the City of Miami, if there is a runoff. if
such, a surplus exists. I've sent a memo to the Manager saying maybe we can
pay for that transportation study that needs to be made, according to the
County, to be able to get those barricades. And, is so...
Mr. Kay: Yes.
Mayor Suarez: ...I would entertain a motion that you approve that, to go from
those funds, so that they don't come out of General Revenues.
Commissioner Plummer: That's fine. To do a traffic study in Coral Gate to
put up the barricades.
Mayor Suarez: With a surplus from my staff...
Commissioner Plummer: From the Mayor's staff.
Mayor Suarez: ...previously approved budget of the Mayor, until the day that
I transfer.
Commissioner Plummer: Huh?
Mr. Kay: That is what is holding it up.
Mayor Suarez: That is? I was right. All right, moved, Commissioner Plummer?
Commissioner Plummer: Yes.
Commissioner Alonso: Second.
51
October 21, 1993
Mayor Suarez: Second. Any discussion? if not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-667
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PROCEED WITH A TRAFFIC STUDY RELATIVE TO
THE PLACEMENT OF BARRICADES IN THE CORAL GATE AREA OF
THE CITY, WITH FUNDS FOR SAID STUDY TO COME FROM ANY
SURPLUS FUNDS AVAILABLE FROM THE BUDGET OF MAYOR
XAVIER L. SUAREZ'S OFFICE AT THE END OF HIS TERM IN
OFFICE, NOVEMBER 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
52 October 21, 1993
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18. DISCUSSION CONCERNING TRAFFIC DIVERTERS IN THE BAY HEIGHTS AMID NATOMA
MANORS AREAS -- COMMISSIONER PLUAVER DIRECTS ADMINISTRATION TO SEND
LETTER TO ALL NEIGHBORS, IMMEDIATELY, IF ISSUE NOT PLACED FOR DISC
ON NEXT MEETING'S AGENDA.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, I have a letter here from Eduardo...
Commissioner Plummer: All right, wait a minute. Victor, excuse me. on that
same... on that same, where are the traffic diverters for Halissee and Dixie,
Halissee and Bayshore, Alatka and Bayshore?
Mr. Cesar Odic (City Manager): I told you...
Commissioner Plummer: This Commission...
Mr. Odio: I told you three days ago, that they have to have approval of the
County Transportation Department.
Commissioner Plummer: All right. And, when is that going to be? My
neighbors are asking. All I am asking...
Mr. Odio: Your neighbors should be happy because the plan is working. And,
if they are asking, they should all go and get another barricade. But,
anyway...
Commissioner Plummer: Yes, it is 1607 Mecanopy.
Mr. Odio: Yeah, right. I mean, the plan is working. so, we will get the...
Commissioner Plummer: The question is, "When, when, when?"
Vice Mayor De Yurre: Cuando, cuando, cuando, cuando.
Mr. Jim Kay: The request is that the County now... I can only estimate on
when the time will come and we'll get final approval. It could be...
Commissioner Plummer: What is time? Ten day, thirty days, what is normal?
Mr. Kay: Within the next month.
Commissioner Plummer: OK.
Mr. Kay: Within the next 30 days.
Commissioner Plummer: Would you please send a letter to all of the residents
of Bay Heights and to the residents of Natoma, and have them stop calling me.
I am tired.
Mr. Odio: Pertaining to this, they should be happy with what they have.
53 October 21, 1993
Commissioner Plummer: All right, if we don't get an...
Mr. Odio: And, we will...
Commissioner Plummer: ...answer by the next Commission meeting, then I'll
have you sent a letter to each one. Better yet, I'll have you walk it, and
You'll lose a few stamps.
Mr. Odio: Because we don't want to pay the pounds.
------------------------------------------------------------------------------
19. AUCC..ATE $4,500 IN SUPPORT OF THE 1993 MIAMI BOOK FAIR INTERNATIONAL AT
MIAMI-DADE COMMUNITY COLLEGE BOOK FAIR.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: Mr. Mayor, I received a letter from Eduardo Padron,
"Miami Book Fair International." Every year we help them out, and there book
fair is from November 14th till the 21st. And, they need our help on an
emergency matter, because they won't have time if we hear it on the first
of...
Mayor Suarez: Is not for money, is it?
Vice Mayor De Yurre: ...November meeting. They are seeking assistance...
Seeking a waiver of all City fees, allowed to be waived by City Code.
Specifically administrative and permit fees for our Fire, Rescue and Police
Departments, Solid Waste equipment, and Public Works street use fee and
banners fee.
Mayor Suarez: I am sorry, you are not going to get my vote. I am sorry, I
can't do it.
Vice Mayor De Yurre: OK, I'll just... I'll just make the motion and...
Mayor Suarez: All right.
Vice Mayor De Yurre: I so move.
Mayor Suarez: So moved. Do you have an estimate how much it is, Mr. Vice
Mayor?
Vice Mayor De Yurre: No, but at least I move it to instruct the City Manager
to see what we can do for them.
Mayor Suarez: All right, unless it somehow came from LETF (Law Enforcement
Trust Funds) Funds or something. If it is from the General Revenues, in my
particular case, I can't vote for it. We have a motion though that the
Manager be instructed to...
Commissioner Alonso: How much money are we talking about?
54 October 21, 1993
1 Vice Mayor De Yurre: We don't have an exact amount.
Mayor Suarez: To fund the Book Fair... Did we approve this last year?
i
Vice Mayor De Yurre: The Book Fair.
Commissioner Plummer: Yes.
Mr. Odio: Yes.
Mayor Suarez: Do you remember if the funds came from the General Revenues...
Commissioner Alonso: How much?
Mayor Suarez: ...and, do you remember how much they were?
Mr. Odio: From the General Funds, I don't remember. I need to look.
Commissioner Plummer: No, that's...
Mr. Odio: I remember that I recommended against it, I don't...
I think you
did give them...
Commissioner Dawkins: $50,000.
Commissioner Alonso: $50,000.
Mayor Suarez: Wowl
Mr. Odio: I just don't remember.
Mayor Suarez: We have a motion. Do we have a second?
Commissioner Dawkins: That we do what?
Mayor Suarez: That we give instructions to the Manager to...
Commissioner Plummer: Well, you know there is impossible to
second it, based
on the Manager not... Or, you Victor, being able to tell me
how much it is.
I am not giving anybody a blank check.
i
Vice Mayor De Yurre: Well, I am saying, can we give them
up to $4500 and
say...
Commissioner Plummer: You should do that without us.
Mr. Odio: Up to $4,500?
Vice Mayor De Yurre: Well... I have no idea how much is it.
Commissioner Plummer: If what you are saying is...
Mr. Odio: I have no idea.
55 October 21, 1993
Vice Mayor De Yurre: No, well.
Commissioner Alonso: For 4,500, he doesn't need us.
Commissioner Plummer: OK if it is up to $4,500, we instruct the Manager to do
it out of his pettycash.
Mayor Suarez: That's not enough. J.L., I mean... I mean, I must tell you,
this Book Fair starts over by the Court House. It goes all the way down, and
then almost to Flagler Street, and the streets are blocked off for three days,
or four days, and then we have to have police officers. $4,500 is not enough.
Vice Mayor De Yurre: OK.
Commissioner Plummer: No.
Commissioner Dawkins: So what... But, now, we can approve it...
Commissioner Plummer: We can't be all things to all people.
Commissioner Dawkins: on them telling us what he needs...
Mr. Odio: Can we get...
Mr. Odio: Let me find out and see how...
Mayor Suarez: You want to put an amount...
Vice Mayor De Yurre: Mr. Odio, can you call... Can you call Mr. Padron and
see if he can stop by here in the next hour or so? And, he can explain this
to us.
Commissioner Plummer: No, Victor, let me tell you. Don't waste his time or
mine. I'll go for $4,500, and if that will help him, thank you. And...
Mr. Odio: We gave him last year $3,000.
Commissioner Plummer: OK. Well, I am going to increase it to $4,500 this
year. OK?
Vice Mayor De Yurre: OK, then we are doing fine.
Commissioner Plummer: But, other than that, that's as far as I'll go.
Mr. Odio: They'll have to pay the difference.
Commissioner Plummer: You know, they've got sources of funding just like we
do. The Book Fair is a very fine thing for downtown. And, I agree with that.
As chairman of DDA (Downtown Development Authority), we love it. But, let me
tell you something, we can't be all things to all people any more. We've got
to start clamping.
Mayor Suarez: Moved and seconded.
56 October 21, 1993
Vice Mayor De Yurre: OK, that's it for...
Mayor Suarez: I take it as a second, up to $4,500. Call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-688
A RESOLUTION RELATED TO THE 1993 MIAMI BOOK FAIR
INTERNATIONAL TO BE CONDUCTED BY MIAMI BOOK FAIR
INTERNATIONAL, INC. ON NOVEMBER 19-21, 1993; WAIVING
ALL WAIVABLE USER FEES AS PERMITTED BY THE CITY CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID
AUTHORIZATION SUBJECT TO THE ORGANIZERS PAYING FOR ALL
OTHER 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.)
L
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miriam Alonso
Mayor Xavier L. Suarez
None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: No, I will vote no. I don't think it would be enough,
and they have more money than we have.
Commissioner Plummer: So, I can give it to the neighbors.
I
57 October 21, 1993
------------------------------------------------------------------------------
20. AUTHORIZE OFFER OF JUDGMENT: JOAN LINDA TYREE, PERSONAL REPRESENTATIVE
OF THE ESTATE OF TODD OLIVER (DECEASED) ($100,000).
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor.
Mayor Suarez: We are otherwise on the planning and zoning agenda, I think.
Mr. Jones: Mr. Mayor, may I very quickly?
Mayor Suarez: Yes.
Mr. Jones: I have an item that I need you to consider in the event that
the... Well, in light of the fact that there is not another Commission
meeting until November 18th, this is a case that is scheduled to go to trial
the first week in November, that I'd like you to consider making an offer.
I'd like to make an offer judgement on. I brought it to you a couple of
months ago...
Mayor Suarez: An offer of judgement such that if the other side doesn't
accept it from that moment forward, they would have to pay the cost if the...
� Mr. Jones: If...
Mayor Suarez: ...final decision of the court or jury is for less than that
amount.
Mr. Jones: If the amount recovered is at least 25 per cent less than what we
offered.
Mayor Suarez: Twenty-five per cent less. And, what would the offer be?
Mr. Jones: The offer is for $100,000. This is a... This was a case
involving...
i
Commissioner Plummer: Every time we turn around...
Mr. Jones: ...it's a wrongful death case, involving a traffic stop, where one
of our officers, allegedly...
i
Commissioner Plummer: Is this what it's name?
Mr. Jones: Yeah, this is the one that Commissioner Plummer had problems
with...
Commissioner Plummer: Yeah, you got...
Mr. Jones: ...because the individual had...
Commissioner Plummer: They've had it with...
j 58 October 21, 1993
Mr. Jones: ...some traces of cocaine. I can tell you that liability is much
against us from the standpoint of the policy...
Mayor Suarez: Have you looked at... Wait a minute, Mr. City Attorney, I am
sorry to interrupt.
Mr. Jones: Yes.
Mayor Suarez: Commissioner Plummer, have you looked at it? - and you've
concluded that they...
Commissioner Plummer: Mr. Mayor, what I will tell you is that I have been
informed that they now have a new witness that has come out of nowhere. Prior
to this, the only witness was the man's girlfriend who died. And, there were
no substantiating or differing witnesses. Now, if this is in fact the case
that they've come up with a witness, that obviously must be somewhat credible
according to the concern of the City Attorney, I don't think we have any
choice. The man is dead. I don't want to pay $100,000. But...
Mr. Jones: Well, they may not even take it. But, the exposure under the
statute there because you have not...
Mayor Suarez: That - You are taking it up to the maximum in the statute, is
that the idea?
Mr. Jones: Well, under this case, there will also be a...
Mayor Suarez: Dependent...
Mr. Jones: ...estate - claim for the estate, which will go to the cap of 200
so you'd have two claims. So the parent, the mother, and there is a claim for
the estate. But, you should also know, Commissioner Plummer and members of
the Commission, that not only am I concerned about the witness, is the fact
that our own - the expert testimony - will bear out the fact that this
particular officer acted improperly...
commissioner Plummer: You don't want to put that on a record, do you?
Mr. Jones: Well, the record, I mean... The record... replete with that from
depositions. So...
Mayor Suarez: All right, and whatever else you want to tell us about the
case... Yeah, you probably ought to do it privately, to each Commissioner.
Mr. Gonzalez-Goenaga, what possibly can...
Mr. Manuel Gonzalez-Goenaga: Yes, just a general comment. Here we go again,
citizens. Police problems, it is not only as I have said before and you
people don't hear with the choke things, with their knees, with their moral
assassinations of private honest, individuals. It's with their cars, it's
with their behavior, it's with their sensitivity of human beings. We have
approved here a $300,000 for sensitivity to the police, and they are human
beings just like us.
Mayor Suarez: All right, sir. This item has nothing to do with that...
59 October 21, 1993
Mr. Gonzalez-Goenaga: Well, it has to do with...
Mayor Suarez: ...it is an offer of judgement in a particular case, where the
City Attorney has recommended that we may have liability. It is a technical
thing, since you are out of order, and you are speaking about something
totally different, have a seat, Mr. Gonzalez-Goenaga.
i
Mr. Gonzalez-Goenaga: Well, I am going to go straight to the point.
Mayor Suarez: No, you are not, sir. You are out of order. Have a seat, sir.
OK, Madam City Clerk, we have a motion and a second. Any further discussion
from this Commission? Or do we have a motion and a second?
I
Commissioner Plummer: (off mike)
Ms. Matty Hirai (City Clerk): No, sir.
i
Commissioner Plummer: (off mike)
Mayor Suarez: So moved. Second. Any discussion? If not, please call the
roll.
Commissioner Plummer: Sir, I don't think we have any choice Mr. Mayor. I as you know, I'm one that like to go to the degree, but if this witness
has come out of left field, and the City Attorney is concerned about this
witness, I don't think we have any choice. I'll move it, sit.
f The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-689
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE AN
OFFER OF JUDGMENT TO PLAINTIFFS, WITHOUT ANY ADMISSION
OF LIABILITY, JOAN LINDA TYREE, PERSONAL
REPRESENTATIVE OF THE ESTATE OF TODD OLIVER (DECEASED)
AND INDIVIDUALLY AS SURVIVOR, ON BEHALF OF THE CITY OF
MIAMI, THE DEFENDANT, IN CASE NO. 92-22441 (22),
PENDING IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA,
IN AN AMOUNT NOT TO EXCEED $100,000; AND SHOULD SAID
OFFER BE ACCEPTED, AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY THE RESULTING JUDGMENT WITH FUNDS FROM THE CITY
i OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
i
i
60 October 21, 1993
i
i
(Here follows body of resolution, omitted here and on
file in the office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
'• AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
! NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Well, with every vote that we go yes, the City is going
down. So, I am going to say no.
NOTE FOR THE RECORD: PZ meeting started at 5:19 p.m.
j With Cesar Odic, City Manager, absent.
-------------------------------------------------
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY
j TABLES CONSIDERATION OF THE REGUJ[-AR AGENDA ITEMS IN ORDER
TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF
THE AGENDA.]
-------------------------------------------------
------------------------------------------------------------------------------
21. CONTINUE (TO NOVEMBER 18TH COMMISSION MEETING) CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL ZONING BOARD'S DECISION TO REVERSE ZONING
ADMINISTRATOR'S DECISION WHICH REVOKED CERTAIN BUILDING PERM
RESULTING FROM FAILURE OF APPLICANT TO MEET PREVIOUSLY IMPO
CONDITIONS IN CONNECTION WITH PROPOSED CHINATOWN PROJECT. (Applic
Isaac Shih for Miami Chinese Community Center.)
------------------------------------------------------------------------------
Mayor Suarez: Item PZ-1, resolution, appeal of Zoning Board's decision, 2601
S.W. 23 Avenue. Jorge Carmenate, why does that sound like such a familiar
name?
Ms. Lucia Dougherty: Mr. Mayor, before you go to PZ-1, could I ask for the
Commission to consider a deferral for PZ-3?
Mayor Suarez: Is there anyone opposed to a deferral of PZ-3, it was scheduled
for after 5:00, wasn't it, Lucia?
61 October 21, 1993
I
Mo. Dougherty! Yes, sir.
Mayor Suarez: It was? is there anyone opposed to PZ-3 being deferred? I
guess you mean really, I guess...
Ms. Dougherty: Till November 18th, continued.
Mayor Suarez: Continued to the November 18th agenda. If not, I'll entertain
a motion.
Commissioner Alonso: So moved.
Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the
roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-3 IN
CONNECTION WITH CHINATOWN WAS CONTINUED TO NOVEMBER
18, 1993 BY THE FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Ms. Dougherty: Thank you.
--------------------------------------- --------------------------------------
22. GRANT APPEAL OF VARIANCE DENIED BY ZONING BOARD TO ALIJOW A FRONT YARD
SETBACK OF 2' AND A ROOF OVERHANG OF 1' AT 2601 S.W. 23 AVENUE IN
CONNECTION WITH A PROPOSED ADDITION TO A SINGLE FAMILY RESIDENCE.
(Applicant: Jorge Carmenate.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-1, why isn't there someone that I recognize as being
Carmenate, he's not related to our police officer? I guess not. He is
related. OK, anyone going to ... that is going to testify on this matter,
would you please be sworn in. OK. I gather Mr. Gonzalez-Goenaga, you are
going to testify in this matter? Raise your right hand, and you sir, ma'am.
Ms. Matty Hirai (City Clerk): Do you solemnly swear that the testimony that
you are about to give on this matter is the truth, the whole truth and nothing
but the truth, so help you God.
Mayor Suarez: Yes. Do you want to put on the record the Planning
Department's view of things here?
62 October 21, 1993
Mr. Roberto Lavernia: Roberto Lavernia, Planning, Building and Zoning
Department. This carport is proposed as an addition of an existing single
family residence directly in the required front setback, two feet from the
property line, will be a visual intrusion. This single family neighborhood,
and to grant this variance would grant a special privilege to one property
owner which has not been granted to other property owners in similar
situations.
Mayor Suarez: OK. Ma'am.
Ms. Ileana Carmenate: OK. Ileana Carmenate, 2601 S.W. 23rd Avenue. The
structure which we are requesting...
Mayor Suarez: Are you the property owner?
Ms. Carmenate: He is.
Mayor Suarez: OK. What is your capacity? Are you...
Ms. Carmenate: I am his sibling. I will be living there as well.
Mayor Suarez: And, you are not getting paid...
Ms. Carmenate: No.
Mayor Suarez: ...for your appearance? OK, very good.
Ms. Carmenate: No. As he so stated, the structure that we are requesting to
build is a cover drive -through which will serve as a carport also. It is not
an enclosed structure. In fact, the two front columns will come to stand
where there are currently three pine trees right now. And, the columns are no
more wider than the palm trees are right now.
Mayor Suarez: What would you do with the palm trees?
Mr. Carmenate: The pine trees, I am taking them down.
Mayor Suarez: Pine trees?
Ms. Carmenate: Pine trees, sorry.
Mayor Suarez: And, OK, go ahead, I am sorry.
Ms. Carmenate: As you can judge from the photos, the aerial photographs on
particular, thay site that it is an obstruction and a visibility obstruction
but, as you can tell from that, it isn't just by the way the streets have been
divided in this ,oning area. Cars would not be obstructed in any way because
the structure is 'sere and cars would have to essentially stop here, as they do
now, to even see traffic coming from here. And, cars here generally now stop
outside in this aria. Because of the way that it was constructed. You can
see from the aerial view, especially on the first photo.
Mayor Suarez: _OK, -on the issue of -the -obstruction of the cars - of-the.view
n
of motorist --those streets are quite wide, - are't they in that area?
63 October 21, _1993 --
Ms. Carmenate: Yes they are.
Mr. Carmenate: Yes.
Mayor Suarez: That helps I suppose.
Ms. Carmenate: it is also a street that doesn't have much traffic, the... At
this area, it is a dead end. Where you hit U.S. 1 and you have the Metrorail,
so there is... So there is seldom any traffic on that street to begin with.
Mayor Suarez: All right.
Ms. Carmenate: In addition, he does state that the granting of such special
privilege would put us beyond any other property owners, and that may be what
you perceive at first. But, since there is a variance, since the streets are
done this way, there is no obstruction, and we've also gotten the support from
225 of our neighbors. We've got 365 radius of all our neighbors, the mailing
list, and they've all supported us, and nobody has opposed the building
construction of the carport.
Mayor Suarez: All right. Is there anyone that wishes to be heard against
this application? Were you going to be heard on this, Mr. Gonzalez-Goenaga?
All right, sir. Why don't you go ahead and tell us why.
Commissioner Alonso: May... you get a little closer please.
Commissioner Plummer: Let me ask, when was the work done?
Mayor Suarez: Wait, I am sorry, Commissioner.
Commissioner Plummer: When was this work done?
Ms. Carmenate: It's not done.
Commissioner Plummer: You're asking for permission to do it?
Ms. Carmenate: Right.
Commissioner Plummer: Yeah, that's a new twist around here. it is usually
always after the fact.
Commissioner Alonso: Objected to this?
Mayor Suarez: OK, Mr. Gonzalez-Goenaga. Maybe any questions that the
Commissioners may want to ask at any time, we may as well get your testimony.
Mr. Manuel Gonzalez-Goenaga: Yes. I am not testifying on this issue because
he is a policeman, because there are good and bad apples within the Police
Department. The issue is...
Mayor Suarez: I don't think he is a policeman.
Mr. Carmenate: No.
64 October 21, 1993
Mr. Gonzalez-Goenaga: Oh, but somebody mentioned something about...
Mayor Suarez: That was my interjection which happens to be incorrect. There
is not a policeman.
Mr. Gonzalez-Goenaga: Well, there are so many things that have been incorrect
in you during all these eight years of governing.
Mayor Suarez: Mr. Gonzalez-Goenaga, if you have anything to say about this,
say it quickly or be seated.
Mr. Gonzalez-Goenaga: Quickly and to the point. Just like a marvelous
decision at Metro, I would say that this public hearings, ZP's, at the mercy
of these Commissioners, they should be if there is an appeal, they should go
directly to court just like Metro is trying to do. If not for this particular
reasons, to avoid conflict of interest, to avoid the influence peddlers from
continuing earning more money, and to avoid Mr. Suarez, in the future, to come
hear before this Commission as ex -Mayor, and as a lawyer, to grant variances.
I think that if they don't agree in the future, they should go directly to
court. Thank you very much. Not in this one, in all of them. Thank you.
Mayor Suarez: All right. Commissioners, any discussion on this item?
Commissioner Plummer: Uh?
Mayor Suarez: If not, I'll entertain a motion on it.
Vice Mayor De Yurre: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second, any discussion? If not, please call the roll.
Mr. Sergio Rdriguez: As to what?
Mayor Suarez: In favor of the resolution.
Mr. Joel Maxwell: I am sorry, we need clarification. Are you moving to
reverse the Zoning Board and grant the variance?
Mayor Suarez: Correct.
Mr. Maxwell: Or the...
Vice Mayor De Yurre: From what I see there is no opposition from, the
neighbors, so.
Commissioner Alonso: No opposition.
Mayor Suarez: All right. That's correct.
Mr. Maxwell: Well.
65 October 21, 1993
piV
r"
Mayor Suarez: I think the movant understands that, and so does the second.
Commissioner Plummer% There are no oppositions from the neighbors?
Mayor Suarez: No, in fact, they got two hundred and twenty -something...
Commissioner Alonso: if they don't oppose then there is no , what is the
big issue?
Commissioner Plummer: Well, hey... If the neighbors don't complain, why
should I.
Commissioner Alonso: Yes.
jMayor Suarez: ...supporting it apparently. Call the roll. Call the roll.
�I The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-690
A RESOLUTION, WITH ATTACHMENT, REVERSING THE DECISION
OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM '
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY
RESIDENTIAL, PERMITTED PRINCIPAL USES, TO ALLOW A
FRONT YARD SETBACK OF 2'-0 (20'-0" REQUIRED) AND A
ROOF OVERHANG 1'-0" FROM THE FRONT PROPERTY LINE (171-
0" MINIMUM DISTANCE REQUIRED FROM THE LOT LINE)
ACCORDING TO ARTICLE 9, SECTION 908.2, FOR A PROPOSED
ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY
LOCATED AT 2601 SOUTHWEST 23RD AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO, ZONED R-1 SINGLE FAMILY RESIDENTIAL;
SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
i
(Here follows body of resolution, omitted here and on
file in the office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
I
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Ms. Carmenate: Thank you.
66 October 21, 1993
"I- "1
------------------------------------------ -----------------------------------
23. MAD£P SPECIAL EXCEPTION TO PERMIT A HELISTOP FOR PROPERTY AT EAST SIDE
BISCAYNE BOULEVARD BETWEEN N.E. 6 STREET AND N.E. 9 STREET. (Applicant:
Public Works Dept.)
Mayor Suarez: PZ-2.
Vice Mayor De Yurre: Move two.
! Mr. Jim Kay: This is PZ-2 is...
Commissioner Plummer: Just give me a brief, what does this do?
Mr. Kay: Allows the construction of a helistop inside the track, at the FEC
track.
Commissioner Plummer: And, who would controlled whether this can be used or
not? Is it only for... I mean, is there going to be lights involved? Or, are
they going to be wind socks? Because you know, let me tell you something,
let's be honest with each other, whatever you put there with the exception of
the asphalt, and I am not sure about that, the homeless are going to steal.
Mr. Kay: Well, there will be a wind sock. That will probably be the only
thing.
Commissioner Plummer: Well, it won't be there long. What else?
Mr. Kay: There's a... not anticipate using lights for night time use. And,
really everything is mostly going to be painting. We are talking about
concrete and an asphalt apron.
Commissioner Plummer: OK. And, who is paying for this?
Mr. Kay: Public Works Budget.
Commissioner Plummer: And, give me the approximate cost?
Vice Mayor De Yurre: Let me ask you this.
Mr. Kay: About $10,000.
i
Commissioner Plummer: And, let's call it like it is, it is to satisfy one
man, he asked for it.
Commissioner Dawkins: This is PZ- what?
Commissioner Plummer: Two.
Mr. Kay: Well, it can be used by... PZ-2.
67 October 21, 1993
Mayor Suarez: PZ-2. Don't be difficult about an item of this sort unless
there is a problem.
Commissioner Dawkins: What happen to PZ-1?
Vice Mayor De Yurre: Passed.
Commissioner Plummer: Let it go.
Mayor Suarez: All right, thank you.
Commissioner Plummer: Go ahead. We have a motion, do we have a second?
Vice Mayor De Yurre: Now, just... we have to understand also that, that could
be gone in short order, if the port expansion is approved by this Commission.
Mr. Kay: That's... That's in the analysis, yes, sir.
Vice Mayor De Yurre: OK.
Mayor Suarez: All right.
Commissioner Plummer: Well, are they going to pay us $5.00 a passenger, five
million a year, we can afford to move it.
Vice Mayor De Yurre: That's not bad. OK.
Mayor Suarez: All right, moved. Second by Commissioner Dawkins, who is
smiling as if he really likes the idea. Call the roll.
Commissioner Plummer: No, he likes Wayne's World.
Commissioner Dawkins: That's right.
68 October 21, 1993
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-691
A RESOLUTION, WITH ATTACHMENT, AFFIRMING THE DECISION
OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, AS AMENDED, ARTICLE 4, SCHEDULE OF DISTRICT
REGULATIONS, PR PARKS, RECREATION AND OPEN SPACE,
CONDITIONAL ACCESSORY USES, TO PERMIT A HELISTOP FOR
THE PROPERTY LOCATED AT E.S. BISCAYNE BOULEVARD
BETWEEN NORTHEAST 6 STREET AND NORTHEAST 9 STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED IN EXHIBIT
i "A" ATTACHED HERETO), ZONED PR PARKS, RECREATION AND
OPEN SPACE PER PLANS ON FILE; SAID SPECIAL EXCEPTION
HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: PZ-3.
Commissioner Dawkins: He cannot take this...
Commissioner Alonso: It has been continued.
Mayor Suarez: Mister.
Mr. Sergio Rodriguez (Assistant City Manager): Continued.
Commissioner Dawkins: He cannot take this helicopter port with him when he
goes and visits Wayne's World.
Mayor Suarez: Is that related in anyway to the fact that I am going to be
voting on PZ-3?
Ms. Hirai: PZ-3 was continued.
Mr. Jones: Three was deferred.
i
f
69 October 21, 1993
Mayor Suarez: Yes. Is that related anyway to the fact that I am going to be
voting? Can that be done, they just sort of pulled it out? Or what happened
there?
Commissioner Plummer: They deferred it.
I
Commissioner Dawkins: He deferred it. The Manager deferred it.
Commissioner Alonso: Yes. They already did.
Mr. Jones: Three zoning...
Mayor Suarez: The Manager deferred it? A planning and zoning item?
Commissioner Alonso: No, we did... We did, a while ago.
Mr. Rodriguez: No, you just did. Lucia Dougherty.
Mayor Suarez: Oh, that's what Lucia was here on.
Ms. Hirai: Yes.
Commissioner Alonso: Lucia... Yes. Yes.
Mayor Suarez: How... I mean how interesting.
Mr. Sergio Rodriguez (Assistant City Manager): Fine. That's for you to...
Commissioner Alonso: Yes.
i
Commissioner Dawkins: Lucia, deferred it.
Mayor Suarez: All right, PZ... Mr. Cotera, are you really just here...
Commissioner Alonso: Four, four.
Mayor Suarez: ...to give me a T-shirt, sir. And...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
NOTE FOR THE RECORD: At this point, Al Cotera,
representing the Fraternal Oder of Police, presents
Mayor Suarez with a T-shirt and thanked him for his
assistance to the FOP during his tenure.
Mayor Suarez: ...apparently.
i
Commissioner Dawkins: Come right on and give it to us so at least you can go
home...
70 October 21, 1993
Mr. Al Cotera: (off mike.) Thank you, air.
Mayor Suarez: And are you being paid for your appearance here today, sir.
Mr. Al Cotera: No, I am not, sir. As a matter of fact, I am on my own time.
Commissioner Plummer: How does this relate to zoning?
Mayor Suarez: We are now adjourned from planning and zoning and reconvened
for purposes of one ceremonial item.
Commissioner Plummer: Is this T-shirt more than $25.00 in value?
Mr. Cotera: No, it is not, sir.
Mayor Suarez: Thank you very much, Mr. Cotera. You've been most eioquenz,
we'll see you tomorrow, sir.
Commissioner Plummer: Can I invoke the rule on this T-shirt?
Mr. Cotera: Well, just on behalf of the 1,300 members of the Fraternal Order
of Police, since this is your official, or last official thing here, and as
Mr. Goenaga likes to say, "Your last tango." I'd like present you with the T-
shirt for all the help that you've given the police officers of this City
throughout the last eight years.
Mayor Suarez: It might be worth more than $25.
Mr. Cotera: No, it isn't.
Commissioner Plummer: $24.99. I saw the receipt.
Mayor Suarez: And, if it was worth more than $25, I will take it in any
event. I guarantee you.
Commissioner Plummer: I saw the receipt. It was $24.99.
Mayor Suarez: I would declare it, but I really appreciate it.
71 October 21, 1993
------------------------------------------------------------------------------ -.
24. SECOND READING ORDINANCE: AMEND CODE CHAPTER 62, SECTION 62-52 -- PROVIDE
THAT MEMBERS OF THE PLANNING ADVISORY BOARD SHALL BE ALLOWED SIX
ABSENCES PER CALENDAR YEAR INSTEAD OF FIVE, PRIOR TO BEING REMOVED
THE BOARD.
---------------------------------------------------------- -------------------
Commissioner Plummer: I move item 4.
Commissioner Alonso: Second.
f Vice Mayor De Yurre: Second.
Mayor Suarez: I want you to know, and I am sorry to interrupt, Commissioners,
1 that I was just talking to one of your fellow officers today, who is an SIS,
and he was at 27th and 27th having lunch there. And, I mentioned to him that
my wife sometimes asks me, "Are the officers going to still be friendly with
us? Are they still going to say 'Hi' to us?" And, this is one thing that
means to me that you care about me and my...
Commissioner Plummer: Does that shirt fit his wife?
i
Commissioner Dawkins: No, we'll get one, we'll bring one for her.
Mayor Suarez: Thank you very much, Al.
Mayor Suarez: All right. Moved and seconded. Any discussion? If not,
please call the roll.
Mr. Joel Maxwell (Assistant City Attorney): ordinance has to be read, sir.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 62, SECTION 62-52 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
r PROVIDE THAT MEMBERS OF THE PLANNING ADVISORY BOARD
SHALL BE ALLOWED SIX (6) ABSENCES PER CALENDAR YEAR
INSTEAD OF FIVE (5); CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
i
72 October 21, 1993
i
Passed on its first reading by title at the meeting of June 9, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Alonso, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
j
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11097.
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.
------------------------------------------------- ----------------------------
25. FIRST READING ORDINANCE: AMEND 11000 TEXT -- ADD NEW SECTION 621. SD-21
SILVER BLUFF CCMMERCIAL OVERLAY DISTRICT TO ADD REGULATIONS FOR PARKING
IN Ti-IE SILVER BLUFF COMMERCIAL DISTRICT. (Applicant: Planning, Building
& Zoning Dept.)
Commissioner Plummer: If there are no objections, can I move items - they are
all on first reading - PZ-5, 6, 7, 8, and 9 be approved on first reading. If
there is no objection?
Mayor Suarez: All right.
i Commissioner Alonso: Second.
Mayor Suarez: Is there anyone here opposed to items 6, 7, 8, and 9?
Commissioner Alonso: 5.
Commissioner Plummer: 5, 6, 7, 8, and 9. Can we do that, Mr. City Attorney?
A. Quinn Jones III, Esq. (City Attorney): You would have to have a separate
vote for each one of those?
Commissioner Plummer: Well, take a separate vote.
Mayor Suarez: OK, on item PZ-5...
Commissioner Plummer: Let's get out of here.
73 October 21, 1993
Vice Mayor De Yurre: Moved.
Commissioner Alonso: Second it.
Mayor Suarez: Second it, call the roll.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 6, SPECIAL DISTRICTS, THEREBY ADDING
NEW SELECTION 621. SD-21 SILVER BLUFF COMMERCIAL
OVERLAY DISTRICT; CLARIFYING REQUIREMENTS FOR REQUIRED
AND SHARED OFFSTREET PARKING SPACES; ADDING A
PROVISION THAT PROHIBITS VARIANCES FOR THE REDUCTION
OF REQUIRED PARKING; AND ADDING PROVISIONS
ESTABLISHING A PROCEDURE WHICH WILL ALLOW THE PAYMENT
OF A FEE IN LIEU OF PROVIDING REQUIRED OFFSTREET
PARKING FOR NONRESIDENTIAL USES IN SD-21; CONTAINING A
REPEALER PROVISION FOR AN EFFECTIVE DATE.
Was introduced by Vice Mayor De YurrG and seconded by Commissioner
Alonso and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
-------------------------------------------------
26. FIRST READING ORDINANCE: AMEND
OVERLAY
----------------------------
11000 ATLAS -- ADD
NEW SPECIAL
DISTRICT: SD-21 SILVER BLUFF
COMMERCIAL OVERLAY DISTRICT
-- FOR
PROPERTIES GENERALLY BOUNDED
BY BOTH SIDES OF S.W. 28 LANE,
S.W. 27
STREET, S.W. 24 AVENUE, THE Mh'MRAIL RIGHT-OF-WAY,
AND S.W. 27
AVENUE.
(Applicant: Planning, Building & Zoning Dept.)
Commissioner Plummer: Item 6, I move it.
Commissioner Alonso: Move it.
Mayor Suarez: PZ-6, moved by Commissioner Plummer, seconded by Mrs. Alonso.
Commissioner Alonso: Yes, I do.
Mayor Suarez: Call the roll, please.
74 October 21, 1993
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
SPECIAL OVERLAY DISTRICT, ENTITLED "SD-21 SILVER BLUFF
COMMERCIAL OVERLAY DISTRICT", FOR THE PROPERTIES
GENERALLY BOUNDED BY BOTH SIDES OF SOUTHWEST 28TH
LANE, SOUTHWEST 27TH STREET, SOUTHWEST 24TH AVENUE,
THE METRORAIL RIGHT-OF-WAY, AND SOUTHWEST 27TH AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43
OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
i EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on first reading, by title only, by the following vote:
I
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: 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.
------------------------------------------------------------------------------
27. FIRST READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR VEHICLES AMID
TRAFFIC) -- ADD NEW ARTICLE IX: SILVER BLUFF COMERCIAL PARKING
IMPROVEVMU TRUST FUND -- TO ESTABLISH REQUIREMMl.'S AND FEES TO BE PAID
j IN LIEU OF PROVIDING REQUIRED OFFSTREET PARKING IN THE SILVER SLUFF
CCMMERCIAL OVERLAY DISTRICT. (Applicant: Planning, Building & Zoning
Dept.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-7.
Commissioner Alonso: Move it.
Commissioner Plummer: Second.
Mayor Suarez: Moved and second.
ordinance. Call the roll.
Any discussion? If not, please read the
75 October 21, 1993
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR
VEHICLES AND TRAFFIC", BY ADDING A NEW ARTICLE IX
ENTITLED "SILVER BLUFF COMMERCIAL PARKING IMPROVEMENT
TRUST FUND"; DESCRIBING THE PURPOSES FOR WHICH SUCH
FUND IS ESTABLISHED, THE REQUIREMENTS FOR FEES TO BE
{ PAID IN LIEU OF REQUIRED PARKING, THE MANNER IN WHICH
j FUNDS ARE DEPOSITED TO THE FUND, AND THE RESTRICTIONS
ON HOW FUNDS MAY BE SPENT; MORE PARTICULARLY BY ADDING
NEW SECTIONS 35-196 AND 35-197; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: 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.
------------------------------------------------------------------------------
28. FIRST READING ORDINANCE: AMEND 11000 TEXT (GENERAL AND SUPPLEMEWARY
REGULATIONS), SECTION 939.2 (LIMITATIONS OF CBD STORAGE FACILITIES) --
TO PERMIT, BY SPECIAL EXCEPTION, A CBD STORAGE FACILITY TO OCCUPY ALL OF
THE FLOOR AREA OF AN EXISTING BUILDING IN THE CBD DISTRICT. (Applicant:
Planning, Building & Zoning Dept.)
Mayor Suarez: PZ-8?
Ms. Matty Hirai (City Clerk): Yes, sir.
- Commissioner Alonso: Moved.
Vice Mayor De Yurre: I second.
76 October 21, 1993
1 11
111>�
Mayor Suarez: Moved and second. Any discussion? If not, please read the
ordinance.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY: (1) AMENDING "SECTION 939. CBD STORAGE FACILITY"
TO MAKE FINDINGS; CLARIFYING SECTION 939.2 TO PROVIDE
THAT A CBD STORAGE FACILITY MAY BE OPERATED WITHIN AN
EXISTING BUILDING UPON ISSUANCE OF A CLASS II SPECIAL
PERMIT AND SUBJECT TO THE REQUIREMENTS AND LIMITATIONS
OF SECTION 939.2; AND ADDING SECTION 939.3 WHICH
SEPARATELY AND APART PROVIDES FOR THE OPERATION OF A
CBD STORAGE FACILITY IN AN EXISTING BUILDING BY
SPECIAL EXCEPTION SUBJECT TO REQUIREMENTS AND
LIMITATIONS; AND (2) AMENDING SECTION 2502 TO CLARIFY
THE DEFINITION OF CBD STORAGE FACILITY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor De
Yurre and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: 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.
-------------------------------------------------- ---------- ------------------
29. FIRST READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4, 5, 6, 9, 17 AND
25 -- TO ALLOW PERIODIC REVIEW AND REFINEMM OF ORDINANCE 11000 WHICH
WILL ASSIST IN THE EVOLUTION OF AN ORDINANCE SUITED TO THE UNIQUE
CHARACTER OF THE CITY.
Mayor Suarez: PZ-9?
Commissioner Alonso: Moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second. Any discussion? If not, please read the
ordinance. He is getting wound up.
77 October 21, 1993
Commissioner Alonso: You like the discussions to take a break?
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF
DISTRICT REGULATIONS" TO AMEND THE INTENT OF THE R-1,
R-2, R-3, R-4, C-1, G/I AND CBD DISTRICTS, ARTICLE 5,
"PLANNED UNIT DEVELOPMENTS" TO PROVIDE THAT
COMPREHENSIVE AND DETAILED SITE PLANS, FLOOR PLANS AND
ELEVATIONS MAY BE REQUIRED AT THE DISCRETION OF THE
DIRECTOR OF THE DEPARTMENT OF PLANNING AND BUILDING
AND ZONING; ARTICLE 6 TO ALLOW "DANCE HALL, FOR
RECREATION AND ENTERTAINMENT" AS A PERMITTED USE IN
SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT BY
SPECIAL EXCEPTION ONLY AND AN OFFSTREET PARKING
REQUIREMENT FOR MEETING HALLS/PLACES OF GENERAL
ASSEMBLY IN C-1; SECTION 605.4.2 TO ALLOW HEALTH
STUDIOS AND SPAS AS PRINCIPAL USES PERMITTED SUBJECT
TO LIMITATION WITHIN THE DISTRICT; SECTION 607.10 TO
REMOVE MINIMUM PARKING REQUIREMENTS IN SD-7 CENTRAL
BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL
DISTRICT; SECTION 607.4.1(2) BY ELIMINATING THE 25,000
SQUARE FOOT MAXIMUM FOR INDIVIDUAL RETAIL
ESTABLISHMENTS AND INCREASING THE ALLOWABLE FLOOR AREA
FROM .5 TIMES THE GROSS LOT AREA TO 1.5 TIMES THE
GROSS LOT AREA; SECTION 607.4.3 BY PERMITTING DRIVE -
THROUGH WINDOWS AT RESTAURANTS BY SPECIAL EXCEPTION ON
ALL STREETS EXCEPT THOSE IDENTIFIED AS PEDESTRIAN
STREETS IN SECTION 607.4.1.1.; SECTION 607.4.3 BY
PERMITTING "EXPRESS DELIVERY SERVICES" AND "PRINTING"
BY SPECIAL EXCEPTION ONLY, PROVIDED THAT THERE SHALL
BE NO VEHICULAR ACCESS TO SUCH FACILITIES DIRECTLY
FROM PRIMARY PEDESTRIAN PATHWAYS AND THAT THERE IS A
MINIMUM GROSS LOT AREA OF 30,000 SQUARE FEET; SECTION
614 TO CLARIFY CERTAIN LANGUAGE PERTAINING TO
PERMITTED USES AND REGULATIONS OF THE SD-14 AND SD-
14.1 DISTRICTS; ARTICLE 9, "GENERAL AND SUPPLEMENTARY
REGULATIONS", TO DELETE THE REQUIREMENT FOR A CLASS I
SPECIAL PERMIT FOR AIR CONDITIONING AND FIRE EQUIPMENT
EXCEPT IN CASES WHERE REQUIRED MINIMUM SETBACKS CANNOT
BE MET; ARTICLE 17, "MAJOR USE SPECIAL PERMITS", TO
PROVIDE FOR REFERRALS TO THE LARGE SCALE DEVELOPMENT
(LSD) COMMITTEE AT THE DISCRETION OF THE DIRECTOR OF
THE DEPARTMENT OF PLANNING, BUILDING AND ZONING AND
MAKING SUBMITTALS TO THAT COMMITTEE AND MINUTES OF ITS
MEETINGS A MATTER OF PUBLIC RECORD; ARTICLE 25,
SECTION 2502, "SPECIFIC DEFINITIONS" TO CORRECT AN
INCORRECT CITATION IN THE DEFINITION OF "BUILDING
PERMIT" AND TO PROVIDE A DEFINITION FOR "DIRECTOR" (OF
THE DEPARTMENT OF PLANNING, BUILDING AND ZONING); AND
BY PROVIDING DEFINITIONS FOR "MINOR AND MAJOR
AUTOMOTIVE REPAIR", "PRINTING", "USED CAR SALES" AND
"PRE -OWNED CAR SALES"; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
78 October 21, 1993
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: 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.
------------------- ------------------------------- ----------------------------
30. PUBLIC HEARING -- DENY PROPOSED COCONUT GROVE VILLAGE CENTER TRAFFIC
DIVERSION PLAN FOR THE INTERSECTION OF MAIN HIGHWAY, MCFARLANE ROAD AMID
GRAND AVENUE. (Applicant: Planning, Building & Zoning Dept.)
Mayor Suarez: PZ-10.
Commissioner Alonso: Public hearing.
Commissioner Plummer: PZ-10 is the thing up here at the McFarlane?
Commissioner Alonso: I think we should wait for the planning study.
Mr. Jim Kay: What is that? Is that 6:00 o'clock? I think it comes on after
6:00.
Commissioner Plummer: No, at 6 o'clock is 11.
` Mayor Suarez: I don't see it for PZ-10.
Mr. Kay: I am sorry. OK.
Mayor Suarez: But, if you think that they are expected to only be here at 6
o'clock for PZ-10, or just for the PZ-11? You are here on PZ-10?
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Suarez: Very good. OK, we have some people on PZ-10. What do we hear
from the Administration first?
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Commissioner Plummer: Well, I can't imagine why anybody would be opposed to
j the planning study.
79 October 21, 1993
Commissioner Alonso: But, this is for the closing.
Mr. Kay: This is a diverter plan for...
Commissioner Plummer: No, I understand. But, I mean, you know, on item 11.
Mr. Kay: Oh.
Commissioner Plummer: And, item 10 is not scheduled for after 6:00.
Mayor Suarez: In any event, we have to wait till 6:00.
Commissioner Alonso: Yeah, but 6:00... Ten, I think we should wait for the
planning study to be completed before we do anything else.
Mayor Suarez: You think that 10 is related to 11?
Commissioner Plummer: Not really.
Mr. Kay: It's...
Commissioner Plummer: It's in the same area. I mean...
Mr. Kay: It's really, really has to do with traffic. And, it is a traffic
plan.
Commissioner Alonso: But, it will create more problems in the area. And, we
don't really have the study completed. I think it's reasonable to wait for
the study to be completed and then see the impact and then look at other
options. We continue to close the streets without really knowing what is
going to happen. Let's wait, complete the study, and then we can make
whatever decisions this Commission wants to make.
Mayor Suarez: OK, except this is... I think, I know Commissioner Plummer
initially had that same reaction that you are expressing, but I think all they
are saying is that if you are coming down on a southwesterly - a northeasterly
direction - on Main, you can only continue on that direction. You may not
cross across as you can now...
Commissioner Plummer: No, it would be blocked off.
Mayor Suarez: Right.
Mr. Kay: It separates...
Mayor Suarez: And, that's the only change that is being made and trying that
out sounds like it may really make traffic flow a lot better, regardless of
anything else we may do, Commissioner. It just meets... Very few people do
it, some people do, do it. And...
Commissioner Alonso: That...
Vice Mayor De Yurre: Mr. Mayor, I am totally confused about that.
80 October 21, 1993
Commissioner Alonso: ...That's not acceptable. I think, really, we should
move for denial. or wait, defer it.
Vice Mayor De Yurre: Is that the way it is now, or not?
Mr. Kay: What? No. This is not the way it is now.
Commissioner Plummer: No, it is not.
Vice Mayor De Yurre: No, it's not.
Mayor Suarez: Yes, I have no problem with a move to defer. I am just trying
to argue that it can't hurt us.
Vice Mayor De Yurre: In fact, where is the Main Highway? - that's...
Mayor Suarez: Actually, I'd like to...
Commissioner Plummer: Main Highway is to the left.
Vice Mayor De Yurre: I don't think that's correct.
Commissioner Alonso: But, if not, defer until the study is done.
Commissioner Plummer: Main Highway is up there, Victor.
Vice Mayor De Yurre: Where?
Commissioner Plummer: Right there, where his pencil is.
Mr. Kay: It says Main Highway.
Mayor Suarez: That's Main Highway, coming up...
Vice Mayor De Yurre: No, that's Grand, Main Highway is on the other side.
Which way are you looking at? McFarlane, OK, OK, I got you.
Commissioner Plummer: No, Grand is on the other side.
Mayor Suarez: The pen that he was showing there is...
Mr. Kay: This is a drawing that you could possibly expect to happen.
Mayor Suarez: Mr. Kay, we are having a hard time visualizing it. Could you
please... Joe, would you put that pen where you had it again. And, that is
coming on from, let's say, from St. Hugh's or from right?
Commissioner Plummer: That, correct.
Mr. Kay: That's correct.
Mayor Suarez: Does that make a little more sense now?
81 October 21, 1993
Vice Mayor De Yurre: No, I understand where it's at now. But, let me tell
you, I have...
Mayor Suarez: That's from your home actually.
i
Vice Mayor De Yurre: ...and I drive through there everyday, I am not
comfortable with what you are proposing here at all. You know, if we want to
do a study, fine. But, I am telling you, I don't like the idea.
i
Commissioner Alonso: I will move for denial of this item. But...
Mr. Kay: Commissioner...
Commissioner Alonso: ...if they want to have an opportunity, let's wait for
the study. And, then if it wants to be considered...
' Mayor Suarez: OK, two commissioners are inclined...
Commissioner Plummer: Why? Excuse me.
Mayor Suarez: ...to reject the idea right off the bat. But, one is...
Commissioner Plummer: I don't, three. Three.
Commissioner Alonso: Then...
Mayor Suarez: Three. But, wait...
' t to spend no money for a study. We don't
Commissioner Plummer: I don t wan p y Y
need a study. Let's just kill it right now. Somebody , and get it over
with.
Commissioner Alonso: Let's move for denial.
Mayor Suarez: But, the alternative before we vote, folks, is to hear from the
neighbors. The alternative would be, as I think the Vice Mayor is getting
ready to say, or Commissioner Alonso, that maybe as part of the study is to
come back with a recommendation. It sounds like this Commission is not
favorably incline, Jim.
Mr. Kay: Commissioners, if I could? This is not coming to you as a
recommendation from the Administration. This was an initiative of the Coconut
Grove Chamber of Commerce, they asked for this hearing today. And, they
just...
Commissioner Plummer: Is there anyone here to defend it? Is there anyone
here in favor of it?
Mayor Suarez: Jack.
Commissioner Plummer: Jack, are you in favor?
Mr. Jack King: I'm on the board of directors of the Chamber.
82 October 21, 1993
Commissioner Plummer: But, I mean, are you going to speak for them, or
are
you going to speak as an individual?
Commissioner Alonso: Are you in favor of this?
Mr. King: I'll speak for the Chamber...
Mayor Suarez: Both. Both. Jack, before you speak, Madam City Clerk, do
we
swear in these kind of cases? Do we have to?
Vice Mayor De Yurre: Or do we let the media speak?
Ms. Matty Hirai (City Clerk): Any statement of this matter... it is up
to
you, Mr. Mayor, you make that determination.
Mayor Suarez: I am sorry. It is...
Commissioner Plummer: We ought to get Jack to go upstairs and talk to
the
Manager first.
Mayor Suarez: I guess we swear you in. Madam, please. And Lou, just in case
you get up here, or any one else that is going to be heard on this item.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Unidentified Speaker: We do.
Mayor Suarez: All right, Jack. Or, ma'am. How do you want to work this?
I
don't...
Mr. King: Let Joyce go first.
Mayor Suarez: Are you on...
Unidentified Speaker: Go ahead, Jack. I think that you are the only one here
in favor.
Mr. King: OK, my name is Jack King, I live at 3695 North Bayhome Drive. This
was a plan... it is going to get a little confusing here because we didn't
come with a specific plan at the Chamber of Commerce. What we are trying to
do is to find some solutions. We have traffic studies, I guess they go back
to the early 170's that are stacked up all over the place. And, we have found
out that generally the traffic studies have been done and go in a particular
direction to serve a particular purpose. And, what we are trying to do at the
Chamber is to find a resolution to the problem. There is a lot of traffic in
this particular area. It get's jammed up. We all know we have a problem.
And, every time somebody comes up with a solution, it's no, no, no, we can't
do this, we can't do this. But, no one has ever said, "Let's try something
and see if it would work." We are not sure if this would work. I mean the
Board of Directors of the Chamber looked at it and said, "We don't know." We
are just saying, "Try it for 30 days, for 60 days, whatever the recommendation
is, and, see if something will come of it." It is similar to what happened in
Bay Heights and Natoma, where they went to plan "B", I guess it was, J.L.,
83 October 21, 1993
that immediately everybody realized this did not work, and they stopped it.
But, I guess what we are all... They were trying to find out is a solution.
I mean, the Planning Department has given us nothing, stacks of master plans
in the past years have given us no solution. They've always told us what the
problem is...
Vice Mayor De Yurre: No...
Mr. King: ...but no one has ever told us what the solution is.
Vice Mayor De Yurre: ...you know, Jack, with master plans of the past since
Cocowalk came into play, are obsolete. And, now Cocowalk is planning a 300
space parking garage, that I have no idea what kind of impact that is going to
have in a few months. so, if we do a study now, again it may be obsolete
because of what is going to happen there with that new Phase II of Cocowalk.
I don't know, maybe it will, maybe it will have no impact at all. But, I
just, at first blush, I just don't like that idea of blocking that there.
When we had it blocked off, a couple of years ago that we had those
barricades...
Mr. King: It was... It's different, it works in a different way, all right.
But, let me tell you, Victor...
Commissioner Alonso: Jack, why don't we include this item in Item 11? And,
it is looked upon...
Commissioner Plummer: Well, it is part...
Commissioner Alonso: ...the entire area and the effect, it could have in the
entire area.
Mr. King: I think that we all would agree with that, but the problem with
Item 11 is that it's been kicked around here for so long we're not sure if
it's ever going to happen.
Commissioner Alonso: I think it should be approved today, and it should be
included in that study.
Mr. King: OK, I fully agree with you. And, I am the one that keeps bringing
up the fact that we have 16,500 cars that go up and down Douglas Road every
single day. Which is, you know, more traffic than most streets - four lanes
streets - in the City of Miami carry. And, I think that all of these
situations should be addressed. I mean five, six, seven years ago the great
concern was people that were cruising in Coconut Grove. We don't have that
problem any more, or not nearly like it was, all right. We have different
problems all the time. And, I think what we are trying to find are solutions
to all of the problems, or to find a direction to go. I don't like the
barricades.
Commissioner Alonso: so, let's Item 11, and complete the study. That's
all.
Commissioner Plummer: Mr. Rodriguez.
84 October 21, 1993
! Mr. Rodriguez: Yes, air.
Commissioner Plummer: Can Item 11, include the study problem existing in Item
10?
Mr. Rodriguez: Sure.
Commissioner Plummer: Then that's the way to do it.
Mr. Rodriguez: You can do that. And, you can include that. We...
Commissioner Plummer: It is not going to go in until it comes back here.
Move it.
Commissioner Alonso: So, that we move for the study, it will...
i
Commissioner Plummer: I second.
Mayor Suarez: OK, moved and second. And, can I just ask the
Administration...
Commissioner Alonso: To include the Item 10 for the study in Item 11, and,
study it all together.
i
Mayor Suarez: So moved and seconded. Can I just ask the Administration, I am
not going to be around much longer, but please be a little bit more neutral
about presentations made by people. His arguments are very, very logical to
me...
Commissioner Plummer: Yeah. Well, this is not...
Mayor Suarez: ...I am apparently a minority of one up here on this issue.
Commissioner Plummer: Yeah.
Mr. King: Right.
Mayor Suarez: But, you know the shaking of the heads one way or the other, he
is entitled to make his argument. I happen to agree with him, and so, it kind
of insults me to see the Administration taking an opposite position until I
1 hear from my fellow Commissioners.
Commissioner Plummer: I didn't hear you partaking.
Mayor Suarez: They are inclined, folks, and so if you propose something a
little bit more consensual here, that would help. They are inclined to
subsume this into the next item and let the matter come back to us.
Commissioner Alonso: No.
Mayor Suarez: That's better, Mr. King, for you than an out right denial.
Mr. King: Oh, absolutely, absolutely. We...
85 October 21, 1993
Mayor Suarez: Which is the way, I think... And, so why are you now
interrupting me then, Jack?
Commissioner Alonso: He wants...
Mr. King: Why? I am not interrupting.
i
Mayor Suarez: Yes, you are. And so, sir, why...
Mr. King: My apologies.
Mayor Suarez: Why don't we then entertain the motion as made? May I assume
i
that as to...
Unidentified Speaker: May I speak please?
Mayor Suarez: ...the rest of the folks out here... you are basically against
this idea?
Unidentified Speaker: Yes.
Unidentified Speaker: Yeah.
Mayor Suarez: OK.
Unidentified Speaker: Wait, may I speak please?
Mayor Suarez: Wait, wait, wait, wait, waits I just want to know if you are
against the idea. Would you please have a seat, you have not being
recognized. You, at least, are at the mike.
Commissioner Plummer: Barbara, please, don't pick on the Mayor on his last
day.
Commissioner Alonso: So actually since, Mr. Mayor, if I may?
Mayor Suarez: Ma'am, have a seat! Otherwise you are going to be removed even
though we otherwise like your views. And, maybe that will carry with it some
other implications. Thank you...
Commissioner Plummer: Can we imagine...
i
I Mayor Suarez: ...we are going to have some order here on this Commission.
Have a seat, please. I forget your name, but...
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Barbara.
Mayor Suarez: And, be quiet, ma'am.
Commissioner Alonso: So in general terms, we are against.
Mayor Suarez: All right.
86 October 21, 1993
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: I am against...
Mr. Maxwell: That presumes that you are going to vote in the positive,
affirmative, on Item 11.
Commissioner Alonso: Well, I can tell you, I will, positive.
Mr. Joel Maxwell: He is saying... No...
Mayor Suarez: That doesn't presume a darn thing, Mr. City Attorney. Madam
City, Madam Commissioner Alonso, you wanted to address this whole situation.
Thank you.
commissioner Alonso: Yes, I want to say that I am opposed to Item 10. In
order to be fair, and since we are going to do a study of the area, let's
include it in Item 11. But, if it is the general feeling that we don't like
this, let's say no, and then do the study of the area, the entire area.
unidentified Speaker: Let's do the study first.
Commissioner Alonso: And, I think that might be more appropriate. So...
Mayor Suarez: Se is not speaking, ma'am.
Commissioner Alonso: ...I will move for denial, and then in Item 11, I will
ask that this area be included in the study and come back to the City
Commission.
Commissioner Plummer: I second the first motion, which is deny 10.
Mayor Suarez: Moved and second to deny. So that when the study is done, this
is presumably not one of the options that this Commission wants
contemplated...
Commissioner Alonso: Exactly, exactly.
Commissioner Plummer: Now, let us all go to Taurus.
Mayor Suarez: All right, God it was so hard. If everybody would just wait a
minute. I am willing to do what this Commission wants. And, in this case,
the Commission is in agreement with the majority of the community. Jack you
are, and...
Mr. King: I... I just... I don't want you denying it, or deferring it, or
doing every wish.
Mayor Suarez: You must have understood that to be my recognizing you, well,
why don't you go ahead. And, since I mentioned your name, Jack, one last
statement.
87 October 21, 1993
Mr. King: OK, I just wish you wouldn't close the door on anything here. I
mean, there... this may be a good plan, we don't know. She really - Joyce, is
a very nice person, but she really doesn't know whether this is going to work
or not, none of us do. We are trying to find out.
Mayor Suarez: Jack, may I suggest to you that there is no practical
difference, except that this Commission goes on record...
Mr. King: As saying...
Mayor Suarez: Right.
Mr. King: ...that you don't want this program.
Mayor Suarez: And, that there's no practical effect. It can change its mind.
There may be a new Commission...
Mr. King: OK.
Mayor Suarez: ...there may be a whole new majority, who knows.
Mr. King: OK. All right.
Mayor Suarez: But, it doesn't hurt you in any way. I mean, you've had your
say, you'd liked this tried, I happen to agree with you. All right, so we
have a motion to deny. Please call the roll.
Commissioner Plummer: Yes.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-692
A MOTION TO DENY PROPOSED COCONUT GROVE VILLAGE CENTER
TRAFFIC DIVERSION PLAN FOR THE INTERSECTION OF MAIN
HIGHWAY, MCFARLANE ROAD AND GRAND AVENUE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: All right.
Commissioner Plummer: Now, on 11, let me ask 11?
88 October 21, 1993
Mr. Rodriguez: Excuse me.
Mayor Suarez: We are not yet, Commissioner 11, would you please wait.
Commissioner Plummer: What are we on?
IMr. Rodriguez: 8.
i
Commissioner Alonso: 11.
Mayor Suarez: The item is scheduled for 6:00 p.m.
------------------------------------------------------------------------------
31. DISCUSSION CONCERNING AIR CONDITIONING PROBLEMS IN THE ARTIME DAY CARE
CENTER.
I
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, before we get... We have to wait till 6:00.
Mayor Suarez: Mr. Vice Mayor, you are recognized, sir.
Vice Mayor De Yurre: We've been getting... We've been getting a number of
call from parents over at Manuel Artime Day Care Center. The air conditioning
is not working, and they really have a pretty much of an impossible situation.
Commissioner Plummer: Another 600,000.
Vice Mayor De Yurre: If we can get somebody there immediately to remedy that
problem, I would appreciate it.
Commissioner Plummer: We only got one man.
Mayor Suarez: Yes, please.
i
Mr. Sergio Rodriguez (Assistant City Manager): We will follow up on that.
Vice Mayor De Yurre: Thank you.
i
j
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32. COMMISSIONER DAWKINS QUESTIONS ADMINISTRATION CONCERNING THE COCONUT
GROVE PLAYHOUSE.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Lawrence, sir. Oh, I am sorry go ahead, Commissioner
Dawkins.
Commissioner Dawkins: May I have one announcement to make? Somehow it got
out that we were going to discuss money for the Coconut Grove Playhouse, that
is not been discussed today and I don't know if it will be discussed at the
next meeting. But...
89 October 21, 1993
i
Commissioner Plummer: Well, it could be.
Commissioner Dawkins: OK, well. It could be.
Commissioner Plummer: That's up to the chief.
------------------------------------------------------------------------------
33. DISCUSSION CONCERNING TRAFFIC PROBLEMS ON US 1 AMID 17TH AVENUE -- DIRECT
ADMINISTRATION TO LOOK INI'U IT.
Mayor Suarez: Mr. Lawrence, sir.
Commissioner Plummer: Mr. Mayor. Mr. Mayor, while you are waiting for them,
can I make a statement?
Mayor Suarez: Yeah, except, I just wanted to make a very quick statement
myself.
Commissioner Plummer: Surely.
Mayor Suarez: But, go ahead, yes, Commissioner Plummer.
Commissioner Plummer: Mr. City Manager, sir, this should be more coming from
the Mayor than from me. I don't know, for the life of me, yesterday what was
going on, on Bayshore Drive at approximately 12:30 or 1 o'clock. I was told
that it was a mock accident for video. Sir, I want to tell you that Dixie
Highway was jammed. They had the street closed off, completely, South
Bayshore Drive closed off...
Mayor Suarez: What time of the day was it?
Commissioner Plummer: 12 o'clock, yesterday, around 12:30.
Mayor Suarez: 12:00 noon, or?
Commissioner Plummer: Yeah, yeah.
f Mayor Suarez: Wow.
I Commissioner Plummer: Absolutely, Dixie Highway was jammed unbelievable, 17th
Avenue you couldn't even get on to be jammed. Every street in my... I
couldn't go home.
Mayor Suarez: This reminds me of what happened at David Kennedy Park that day
when they were filming that movie and they took over the park. They had tons
of cars in there.
Commissioner Plummer: It was incredible yesterday. I mean. I want to tell
you that it was, it was gridlocked everywhere. They didn't want to let me in
to go to my house, even though the action was taking place down on front of
the museum.
90 October 21, 1993
Vice Mayor De Yurre: So how did you work it out?
Commissioner Plummer: I told the guy, "I am going home, you want to follow
me? Go ahead." I mean, it was incredible.
Mr. Sergio Rodriguez (Assistant City Manager): Made my day.
Commissioner Plummer: It could be done... Look I don't know what they were
doing, but whatever they are doing could be done at a different time.
Mayor Suarez: Who is in charge of constraining those permits to do those
filmings, so that they disrupt normal lives of Citizens?
Commissioner Plummer: No, it wasn't film. It wasn't film. I believe it was
our Police Department. Because I saw almost 20 officers involved of either
blocking the street...
Mayor Suarez: Commissioner Plummer, would you get... Would you get a report
from the department on that?
Mr. Rodriguez: We'll get a report on that from the Manager.
Commissioner Plummer: Please, I mean, my neighbors where calling me, they
couldn't get home yesterday. And, this is my neighbors in Bay Heights as well
as others.
------------------------------------------------------------------------------
34. DISCUSSION CONCERNING TIME LIMIT FOR SUBMISSION OF ITEMS FOR COMMISSION
AG WA.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Lawrence, would you please come up to the mike, air. I
have no idea what you are doing back there talking to some other folks. I
understand you've called my office many, many times on a resolution. I
understand the resolution has something to do with something or other. I want
to tell you since you are here, and you send your card up here, Mr. Lawrence,
you've got to get yourself on the Commission agenda. And, you've got to get
yourself an administrator who looks at your program, whatever it may be, or
your resolution, or whatever your desire is. You just don't come and ask the
Mayor's office to have a resolution passed on something or other. But since
you are here, if you want to put on the record what it is that you want,
maybe... I don't know, I mean, I hate to take you. You are not on the
agenda, and coincidentally this is my last agenda. Just out of courtesy since
you are here, what is it that you want?
Mr. John Lawrence: It's my understanding, sir, that pocket resolutions can be
carried, and it's also my observation this afternoon that resolutions can be
written by the City Attorney's office quite quickly if they have a format to
follow.
Mayor Suarez: If the Commissioners consider this an emergency of any sort, we
sometimes act on a matter. But, typically not at the request of a citizen.
91 October 21, 1993
i
1
i
That typically is done by a letter which the City Clerk has to receive no less
than five days before the Commission meeting, and then you get a personal
appearance here.
Mr. Lawrence: I... Yes.
Mayor Suarez: But, I think your item is very complicated. In which case, you
better talk to the Administration before you even submit it to the Commission,
that's my advise. But, what is it about?
Mr. Lawrence: OK. Regarding the time limit for submission in obtaining a
space on the agenda. I did make inquiry on Friday last week, and I was
assured, by a member of your office, that if such a resolution was introduced
to your office, as of - by Monday, that that would be sufficient time. So, I
l did deliver...
Mayor Suarez: Well, I'll tell you what.
Mr. Lawrence: I did deliver this paper...
Mayor.Suarez: Rather than take this Commission's time, we have a recess until
6:00, that's 11 minutes, unless anyone has anything else, why don't you just
show it to me? We have 11 minutes to look at it, and then I might advise you
that your best bet is to go some other procedure.
Commissioner Plummer: What is it about, Mr. Mayor?
Mayor Suarez: You want to tell us what it is about, as Commissioner
Plummer... I don't remember. I thought it was quite complicated but...
Mr. Lawrence: No, actually it is quite simple. If one takes for granted that
there is a problem with violence...
Mayor Suarez: Oh, I remember.
Mr. Lawrence: ...et cetera in the Community.
Mayor Suarez: That minors not pull... Oh, that the City would not allowed to
sponsor...
Mr. Lawrence: That's given.
Mayor Suarez: ...any event in which handguns are sold including... you are
saying that we could not have the Coconut Grove Exhibition Center event in
which there is...
Mr. Lawrence: I can put it in very plain language, if you'd like?
Mayor Suarez: Didn't I just put it in pretty plain language?
Mr. Lawrence: I would like it very, very straight forward. I would like to
see the City adopt a resolution prohibiting handgun, assault weapon, automatic
weapon, or ammunition exhibitions, shows, sales or similar events on public
property, owned or leased by the City.
92 October 21, 1993
Mayor Suarez: And, that includes the Coconut Grove Exhibition Center?
Mr. Lawrence: I believe that is owned or leased by the City.
Mayor Suarez: OK, sir. I strongly suggest to you that you do one of two
things, at your choice, at your option. Either you submit a letter to the
City Clerk asking to be on the very first agenda, as a personal appearance,
you are entitled to do that under the City Code. or that you discuss with the
Administration the implication of your resolution and then try to get a
personal appearance, if they don't want to recommend you resolution, which I
don't think they are going to recommend, because there is one large event that
takes place in the Coconut Grove Exhibition Center that has to do with that.
Philosophically, I might be in agreement with you, but I have a feeling the
Administration is going to recommend against. But, this Commission cannot
vote on that today. We are going to have many Commissioners invoke the rule,
in addition to the fact, that's not on the agenda. So, those are your two
options, all right.
Mr. Lawrence: Thank you very much, sir.
Mayor Suarez: We are otherwise adjourned until 6:00 p.m.
Commissioner Plummer: So be... Let me ask a quick question? Is this on Item
11 that's coming back at 6:00, is in fact this is going to be done by this
Commission?
Mr. Rodriguez: What do you mean by this Commission?
Commissioner Plummer: That the planning study is going to be under...
Commissioner Alonso: In-house.
Commissioner Plummer: ...the control of this Commission.
Mr. Rodriguez: Yes, the proposal that we have...
Commissioner Plummer: Thank you.
Mr. Rodriguez: ...that might not be what the residents want.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 5:55
P.M. AND RECONVENED AT 6:09 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT MILLER
DAWKINS.
93 October 21, 1993
------------------------------------------------------------------------------
35. DESIGNATE AS CATEGORY B PROJECT THE ACQUISITION OF PROFESSIONAL PLANNING
SERVICES FOR THE COCON[ir GROVE PLANNING STUDY FOR AREA BOUNDED BY
BISCAYNE BAY TO THE S.E., RICKENBACKER CAUSEWAY AND FEDERAL HIGHWA
THE N.E., S. DIXIE HIGHWAY (US 1) TO THE N.W., AND THE CITY LIMITS
THE WEST AND SOUTH -- AUTHORIZE ISSUANCE OF RFP. (Applicant: Plann
Building & Zoning Dept.)
------------------------------------------------------------------------------
Mayor Suarez: Mr. Wexler and company in the back, we have a motion and a
second in favor of Item 11, is there anyone that wishes to be heard against
that motion? Let the record reflect that no one stepped forward. Hearing
none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-693
A RESOLUTION DESIGNATING AS A "CATEGORY B PROJECT,"
THE ACQUISITION OF PROFESSIONAL PLANNING SERVICES FOR
THE COCONUT GROVE PLANNING STUDY AS DESCRIBED
GEOGRAPHICALLY; AUTHORIZING THE CITY MANAGER TO
ADVERTISE FOR THE REQUIRED PROFESSIONAL SERVICES
THROUGH A REQUEST FOR QUALIFICATIONS; APPOINTING A
CERTIFICATION COMMITTEE OF NOT LESS THAN THREE
QUALIFIED PROFESSIONALS FROM THE STAFFS OF THE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY; IDENTIFYING
$100,000 IN THE GENERAL FUND SPECIAL PROGRAM AND
ACCOUNTS AS THE SOURCE OF FUNDING, AND APPOINTING
SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER AND DIRECTOR,
PLANNING, BUILDING AND ZONING DEPARTMENT, (OR HIS
DESIGNEE), AS CHAIRPERSON OF THE COMPETITIVE SELECTION
COMMITTEE; PROVIDING FOR A FINAL REPORT TO THE CITY
MANAGER FOR FINAL DECISION BY THE CITY COMMISSION;
PROVIDING FOR CONTRACTUAL APPROVAL BY THE CITY
COMMISSION ON RECOMMENDATION OF THE CITY MANAGER; AND
ESTABLISHING NEGOTIATION REQUIREMENTS WITH REGARD TO
THE FURNISHING OF SUCH SERVICES.
94 October 21, 1993
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
j ABSENT: Commissioner Miller J. Dawkins
i
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: That's what I have been arguing for months and months,
and now it is coming to a reality. That in fact...
Mayor Suarez: No speeches.
Commissioner Plummer: ...the City is going... The City will select, make the
selection of the consultants, and the City will control it, I vote with
pleasure yes.
Commissioner Alonso: Yes, with pleasure. It should have been done long ago.
Commissioner Plummer: I agree.
------------------------------------------------------------------------------
36. RESCIUMULE DECEMBER REGULAR AND PLANNING AND ZONING CITY COMMISSION
MEETINGS TO BOTH TARE PLACE ON DECEMBER 2, 1993.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Rodriguez, is there an item that you want us to consider? -
that's the December meeting when we would have that? Is that?
Mr. Sergio Rodriguez (Assistant City Manager): If you want to decide on the
i December meeting...
i
Commissioner Plummer: What?
Mr. Rodriguez: ...when you want to have it.
Mayor Suarez: Why wouldn't it be the...
Commissioner Plummer: Have what?
Mr. Rodriguez: The December Planning and Zoning and City Commission.
95 October 21, 1993
Commissioner Plummer: Mr. Mayor, what we've always done is we've had it...
Mayor Suarez: Oh, you combine the two.
Commissioner Plummer: ...combined and we have it early, so Ferre can go
skiing in Vermont.
Vice Mayor De Yurre: How about... How about the 9th?
Mayor Suarez: or the 16th?
Vice Mayor De Yurre: December 9th?
Mayor Suarez: All right.
Commissioner Plummer: That's fine with me.
Mayor Suarez: So moved and seconded.
Commissioner Plummer: Seconded. But, wait a minute. Why not the second?
Give us a whole, actually five or six weeks off.
Mayor Suarez: Because you have 30 days in which many Commission matters may
be needed to be handled and this way at least you are sure...
Commissioner Plummer: OK, fine, the 9th is fine.
Mayor Suarez: All right, OK. Moved and seconded. Any discussion? If not,
please call the roll. Now he takes a picture.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor De Yurre: The 9th is Hanukkah, I hear.
Commissioner Plummer: Uh?
Mayor Suarez: Wait, is it Hanukkah the 9th? Anybody knows?
Vice Mayor De Yurre: So... Well, that's... She knows.
Commissioner Plummer: What?
Vice Mayor De Yurre: Well, she alleges to know.
Mayor Suarez: OK, the 2nd or the 16th?
Vice Mayor De Yurre: Let's go with the 2nd, then.
Commissioner Plummer: Second, fine.
Mayor Suarez: All right, moved and second. Any discussion? If not please
call the roll.
Commissioner Dawkins: What are we seconding?
96 October 21, 1993
Mayor Suarez: The meeting of December.
Commissioner Alonso: The meeting of December.
Commissioner Dawkins: December the 2nd?
i
Commissioner Plummer: Yes, and that will be the only meeting of the month.
Commissioner Alonso: Yes.
Commissioner Dawkins: (off Mike.) Why don't you make it the 25th of
December?
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Vice Mayor de Yurre, who moved
its adoption:
RESOLUTION NO. 93-694
A RESOLUTION RESCHEDULING THE ONE REGULAR CITY
COMMISSION MEETING IN DECEMBER 1993 TO TAKE PLACE ON
DECEMBER 2, 1993.
I
(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 Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Whoa, whoa. For the record, I want the record to make
sure that it is understood, there are two meetings, one in the morning and one
in the afternoon.
Ms. Matty Hirai (City Clerk): Yes, sir. The only December meeting.
Vice Mayor De Yurre: I am glad you cleared that out because you had me
confused.
Ms. Hirai: Yes.
97 October 21, 1993
Vice Mayor De Yurre: Thank you.
Mayor Suarez: We are adjourned. Good luck with your next Mayor.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
------------------------------------------------------------------------------
37. FORMALIZING RESOLUTION TO NOTIFY DADE COUNTY SCHOOL BOARD OF THE CITY'S
STRONG OBJECTION TO THE SCHOOL BOARD'S INTEND TO CONDEMN AND RAZE 19
HOMES IN CORAL GATE NEIGHBORHOOD TO CONSTRUCT A NEW ELEMENTARY SCHOOL
(STATE SCHOOL "H") WITHOUT PUBLIC AND CITY ADMINISTRATION INPUT. (See
label 8)
Mayor Suarez: Does it reflect that pretty much...
Commissioner Alonso: The intent... OK, I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Commissioner Alonso: The resolution to the School Board in reference to
this...
Mayor Suarez: On the School Board, we want to vote on it formally.
I
Commissioner Alonso: ...yes.
Mayor Suarez: OK, call the roll.
98 October 21, 1993
The following resolution was introduced by Commissioner Alonso, who moved
its adoption:
RESOLUTION NO. 93-695
A RESOLUTION OF THE MIAMI CITY COMMISSION NOTIFYING
j THE DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD") OF THE
I
CITY'S STRONG OBJECTION TO THE SCHOOL BOARD'S INTENT
TO CONDEMN AND RAZE NINETEEN (19) HOMES IN THE CORAL
GATE RESIDENTIAL NEIGHBORHOOD OF THE CITY TO CONSTRUCT
A NEW ELEMENTARY SCHOOL (STATE SCHOOL "H"), WITHOUT
HAVING: 1) GIVEN THE CORAL GATE NEIGHBORHOOD AN
OPPORTUNITY, PURSUANT TO A PUBLIC HEARING, WITH
SPECIAL NOTICE, TO GIVE INPUT; 2) THE PARTICIPATION OF
THE CITY'S PROFESSIONAL PLANNING AND ZONING STAFF IN
DETERMINING COMPATIBILITY WITH THE RESIDENTIAL AREA
AND CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN;
i FURTHER DIRECTING THE CITY'S CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN SPECIFIED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:10 P.M.
ATTEST:
Ratty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y 0 R
99 October 21, 1993