HomeMy WebLinkAboutCC 1993-07-22 MinutesMIAMI
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lid
,
PREPARED
PREPARED BY THE OFFICE OjTYHHALLCITY
CLERK
MATTY HIRAI
City Ciexk
INDEX
MINUTES OF REGULAR MEETING
JULY 22, 1993
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ITEM SUBJECT LEGISLATION PAGE
MO. MO.
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1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
1-2
SPECIAL ITEMS.
7/22/93
2.
GRANT REQUEST FROM DADE COUNTY HOMELESS
R 93-469
2-7
TASK FORCE AND PLEDGE A CITY OF MIAMI
7/22/93
CONTRIBUTION OF 50 CENTS PER CITY
RESIDENT AS THE CITY'S FAIR
CONTRIBUTION IN CONNECTION WITH
PRESENTLY INSTITUTED COUNTYWIDE PLAN
FOR ASSISTANCE TO THE HOMELESS.
3.
DISCUSSION CONCERNING THE MIAMI HEAT
DISCUSSION
8-24
AND POSSIBLE ENLARGEMENT OF MIAMI
7/22/93
ARENA.
4.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
25-26
CONSIDERATION OF PROPOSED RESOLUTION TO
7/22/93
COMPUTE A PROPOSED MILLAGE RATE FOR
CITY OF MIAMI FOR FISCAL YEAR 10/1/93 -
9/30/94. (See label 7)
5.
CONSENT AGENDA.
DISCUSSION
26-27
7/22/93
5.1
ISSUE REVOCABLE PERMIT TO CAFE TUNG
R 93-93-470
27-28
NAN -- FOR USE OF 750 SQUARE FEET OF
7/22/93
SPACE AT 5508 N.W. 17 AVENUE --
PERMITTEE TO PAY MONTHLY FEE OF $450
FOR USE OF SAID AREA.
5.2
ACCEPT PLAT: GARLICK SUBDIVISION.
R 93-471
28
7/22/93
5.3 ACCEPT PLAT: LOS MUNIZES SUBDIVISION. R 93-472
7/22/93
5.4 ACCEPT PLAT: PERL SUBDIVISION. R 93-473
7/22/93
5.5 ACCEPT DONATION FROM BAYSIDE R 93-474
MARKETPLACE / ROUSE-MIAMI, INC. -- TO 7/22/93
BEAUTIFY / MAINTAIN, IN PERPETUITY,
AREA KNOWN AS: THE TORCH OF FRIENDSHIP.
6. (A) AUTHORIZE EXECUTION OF EASEMENT R 93-475
AGREEMENT WITH METROPOLITAN DADE COUNTY 7/22/93
GRANTING NON-EXCLUSIVE EASEMENTS TO THE
COUNTY FOR A 12-INCH, 24-INCH AND 102-
INCH SEWAGE FORCE MAIN ON CITY -OWNED
VIRGINIA KEY AND BAY BOTTOM LAND UNDER
BISCAYNE BAY -- TO PROVIDE ADDITIONAL
SEWAGE CAPACITY, SUBJECT TO PROVISOS.
(B) DISCUSSION CONCERNING LOCAL OPTION
GAS TAX PROPOSED BY METROPOLITAN DADE
COUNTY. (See label 28)
7. (Continued discussion) COMPUTE PROPOSED R 93-476
MILLAGE RATE FOR CITY OF MIAMI FISCAL 7/22/93
YEAR 10/1/93-9/30/94. (See label 4)
8. DISCUSS AND DEFER CONSIDERATION OF R 93-477
PROPOSED EMERGENCY ORDINANCE TO AMEND 7122/93
10021, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR THE
LAW ENFORCEMENT TRUST FUND -- TO
PROVIDE FOR AN INCREASE ($955,122) AS
RESULT OF SUCCESSFUL FORFEITURE
ACTIONS.
9. MISCELLANEOUS BRIEF COMMENTS CONCERNING DISCUSSION
AGENDA ITEMS 5, 7 AND 8. (See labels 7/22/93
13, 14 & 15)
10. SECOND READING ORDINANCE: AMEND CODE, ORDINANCE
ARTICLE IV OF CHAPTER 40 (PENSION AND 11073
RETIREMENT PLANS, DIVISION 3, GENERAL 7/22/93
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST) -- (1) TO COMPLY WITH
INTERNAL REVENUE WITHHOLDING GUIDELINES
PURSUANT TO UNEMPLOYMENT COMPENSATION
AMENDMENTS, 1992, AND (2) TO PROVIDE
FOR COST OF LIVING ALLOWANCES (COLA).
28
29
Fg
30-77
77-84
85-89
89-91
92-93
11. SECOND READING ORDINANCE: AMEND CODE, ORDINANCE
ARTICLE IV OF CHAPTER 40 (PENSION AND 11074
RETIREMENT PLANS, DIVISION 2, FIRE 7/22/93
FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST) -- TO PROVIDE FOR
COMPLIANCE WITH INTERNAL REVENUE
WITHHOLDING GUIDELINES PURSUANT TO
UNEMPLOYMENT COMPENSATION AMENDMENTS,
1992.
12. SECOND READING ORDINANCE: ESTABLISH ORDINANCE
SPECIAL REVENUE FUND: HOUSING 11075
OPPORTUNITIES FOR PERSONS WITH AIDS 7/22/93
(HOPWA) -- APPROPRIATE $4,697,000 FROM
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- FOR
IMPLEMENTATION/ADMINISTRATION OF THE
1993 HOPWA PROGRAM.
13. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE
CHAPTER 53.6 (STORMWATER), BY 11076
CLARIFYING STANDARDS AND REVIEW 7/22/93
CRITERIA FOR ADJUSTMENT OF FEES IN
SECTION 53.5-26(b).
14. (A) SECOND READING ORDINANCE: AMEND ORDINANCE
CODE SECTIONS 2-75 AND 2-76, WHICH SET 11077
FEES FOR ZONING CERTIFICATES OF USE AND 7/22/93
FOR INSPECTIONS/EXAMINATIONS OF PLANS
FOR COMPLIANCE WITH PROVISIONS OF
ORDINANCE 11000 -- BY ADDING AND
DEFINING CERTAIN REQUIRED FEES, TO
COVER COST OF ENFORCEMENT OF ZONING
ORDINANCE AND SOUTH FLORIDA BUILDING
CODE -- AMEND 11028 (FLOOD DAMAGE
PREVENTION), BY ADDING NEW SECTION 18,
THEREBY ADDING/DEFINING CERTAIN
REQUIRED FEES FOR APPLICATIONS FOR
WAIVERS AND VARIANCES FROM PROVISIONS
PF SAID ORDINANCE.
(B) COMMISSIONER PLUMMER REQUESTS
ADMINISTRATION TO STREAMLINE AND
EXPEDITE PRESENTLY -INSTITUTED
PROCEDURES FOLLOWED BY THE CITY FOR
APPROVAL OF PERMITS FOR INSTALLATION OF
STORM SHUTTERS.
93-94
95-96
96-100
100-110
15.
SECOND READING ORDINANCE: AMEND
ORDINANCE 111-112
ORDINANCE 6145, WHICH ESTABLISHED FEES
11078
FOR BUILDING / PLUMBING / MECHANICAL
7/22/93
(INCLUDING BOILER AND ELEVATOR)
INSPECTION / PERMIT / CERTIFICATE
FEES -- TO ADD / INCREASE / REDEFINE
REQUIRED FEES TO COVER INCREASED COST
FOR ENFORCEMENT OF SOUTH FLORIDA
BUILDING CODE.
16.
DISCUSS AND DEFER (TO SEPTEMBER 7TH
M 93-478 112-119
MEETING) CONSIDERATION OF PROPOSED
7/22/93
SECOND READING ORDINANCE TO AMEND CODE
ARTICLE IV OF CHAPTER 40 (PENSION AND
RETIREMENT PLANS), TO CREATE A SYSTEM
OF RETIREMENT FOR ELECTED OFFICIALS WHO
HAVE HELD AN ELECTIVE OFFICE FOR THE
CITY FOR 20 OR MORE CONSECUTIVE YEARS.
17.
DISCUSS AND DEFER (TO FIRST MEETING IN
DISCUSSION 119-126
SEPTEMBER) PROPOSED SECOND READING
7/22/93
ORDINANCE RELATING TO SIDEWALK CAFES IN
ORDER TO RETROACTIVELY EXTEND TO FIVE
YEARS THE WAIVER PERIOD FOR PAYMENT OF
SIDEWALK CAFE PERMITS IN COMMUNITY
DEVELOPMENT TARGET AREAS.
18.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 126-127
SECTION 2-75, THEREBY ASSESSING A LATE
FIRST READING
PAYMENT PENALTY FOR THE CERTIFICATE OF
7/22/93
USE RENEWAL FEE.
19.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 127-131
SECTIONS 12-3 AND 31-35, TO CONFORM
FIRST READING
WITH FLORIDA STATUTES 849.15-23 -- TO
7/22/93
REQUIRE A SWORN AFFIDAVIT FROM OWNERS
OF AMUSEMENT VENDING MACHINES TO THE
EFFECT THAT SUCH MACHINES ARE NOT
UNLAWFUL.
20.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
SECTION 18-52.1(h) -- TO ADOPT
FIRST READING
PROCUREMENT PROCEDURE IMPLEMENTING
7/22/93
LOCAL PREFERENCE PROVISION OF THE
CITY'S CHARTER -- TO AUTHORIZE THAT
WHEN A LOW BID IS RECEIVED FROM A NON -
LOCAL VENDOR WHEN CONTRACTING FOR
PERSONAL PROPERTY / PUBLIC WORKS /
IMPROVEMENTS, THE COMMISSION MAY OFFER
TO A RESPONSIBLE AND RESPONSIVE LOCAL
BIDDER THE OPPORTUNITY OF ACCEPTING A
CONTRACT AT THE LOW BID AMOUNT,
PROVIDED SAID LOCAL BID DOES NOT EXCEED
THE LOW BID BY MORE THAN 10%.
21.
EXPRESS INTENT OF CITY TO ADOPT /
R 93-479
ADMINISTER CABLE TELEVISION REGULATIONS
7/22/93
CONCERNING RATES FOR THE BASIC SERVICE
TIER, WHICH ARE CONSISTENT WITH
REGULATIONS PRESCRIBED BY FEDERAL
COMMUNICATIONS COMMISSION (FCC).
22.
AUTHORIZE CONTRACT WITH MIAMI CAPITAL
R 93-480
DEVELOPMENT, INC. (MCDI), WHICH
7/22/93
PROVIDES FUNDING AT A LEVEL EQUAL TO
3/12THS OF $500,000 TO THE EXISTING
REVOLVING LOAN FUND AND 3/12THS OF
$250,000 FOR ADMINISTRATIVE
OPERATIONS -- ISSUE TO COME BACK AT THE
SEPTEMBER MEETING.
23.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO CONFIRM
7/22/93
REAPPOINTMENTS OF PHILIP BLUMBERG, MIKE
BRAZLAVSKY, MARWIN CASSEL, ADOLFO
HENRIQUES, S. LAWRENCE KAHN III, RAFAEL
KAPUSTIN, ANTONIO MARINA, H. LELAND
TAYLOR AND PHILIP YAFFA TO DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) BOARD OF
DIRECTORS.
24.
AUTHORIZE ISSUANCE OF CITY'S GENERAL
R 93-481
OBLIGATION REFUNDING BONDS, SERIES
7/22/93
1993, IN AGGREGATE PRINCIPAL AMOUNT
$3290009000 -- FOR PURPOSE OF ADVANCE
REFUNDING OF ALL OR A PORTION OF: (a)
$10,000,000 GENERAL OBLIGATION BONDS
(DATED AUGUST 1, 1987); (b) $18,400,000
GENERAL OBLIGATION BONDS DATED NOVEMBER
1, 1988; AND (c) $10,000,000 GENERAL
OBLIGATION BONDS (DATED JULY 1, 1991);
ETC.
131-132
132-134
134-150
150-152
152-161
14
1
1
25.
RATIFY CITY MANAGER'S ACTION IN
R 93-482 161-162
AWARDING TO D. STEPHENSON CONSTRUCTION,
7/22/93
INC. $616,546.65 -- FOR FURNISHING
VARIOUS SIZED TRUCKS AND PAYLOADERS
WITH RAKES AND BUCKETS, INCLUDING FUEL
/ MAINTENANCE / OPERATORS, TO LOAD
i
HURRICANE DEBRIS FROM CITY RIGHTS -OF -
WAY, FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE --
ALLOCATE FUNDS FROM FEMA.
26.
ACCEPT PROPOSAL: MIDWEST LEGAL
R 93-483 162-164
SERVICES, INC. -- TO PROVIDE A PREPAID
7/22/93
LEGAL SERVICES PLAN TO APPROXIMATELY
300 FULL-TIME, NON -UNION CITY EMPLOYEES
(AT NO COST TO THE CITY).
27.
DISCUSSION CONCERNING ROY BLACK, ESQ.'S
DISCUSSION 165-179
FEES IN CONNECTION WITH HIS DEFENSE OF
7122/93
CITY OF MIAMI POLICE OFFICER WILLIAM
LOZANO.
28.
(Continued discussion) APPROVE
R 93-484 179-180
4
EXECUTION OF INTERLOCAL AGREEMENT WITH
7/22/93
METROPOLITAN DADE COUNTY AND
MUNICIPALITIES REPRESENTING A MAJORITY
OF THE POPULATION OF INCORPORATED AREAS
OF DADE COUNTY -- TO PROVIDE FOR
DISTRIBUTION TO SAID MUNICIPALITIES OF
A PORTION OF THE PROPOSED DADE COUNTY
OPTIONAL GAS TAX. (See label 6B).
29.
APPROVE SUBMITTING TO THE ELECTORATE
R 93-485 181-190
PROPOSED CHARTER AMENDMENT NO. 1 AT A
7/22/93
SPECIAL MUNICIPAL ELECTION TO BE HELD
NOVEMBER 2, 1993 -- TO AUTHORIZE CITY
COMMISSION TO WAIVE COMPETITIVE BIDDING
IN CONNECTION WITH LEASES OF CITY -OWNED
WATERFRONT PROPERTY WITH NON-PROFIT,
NON-COMMERCIAL, WATER -DEPENDENT
WH ORGANIZATIONS ICH PROVIDE OR SEEK TO
PROVIDE MARINE -RECREATIONAL SERVICES
AND/OR ACTIVITIES, WITH PROVISOS.
{
30.
BRIEFLY DISCUSS AND TEMPORARILY TABLE
DISCUSSION 190-191
CONSIDERATION OF PROPOSED RESOLUTION TO
7/22/93
RATIFY CITY MANAGER'S FINDING OF SOLE
SOURCE AND TO APPROVE ACQUISITION OF
XGEN SOFTWARE AND SUPPORT SERVICES FROM
JACKSONVILLE SOFTWARE -- FOR DEPARTMENT
OF MANAGEMENT AND BUDGET, COMPUTER
DIVISION. (See label 32).
31. AUTHORIZE RESTRICTION OF VEHICULAR R 93-486
ACCESS TO CERTAIN STREETS IN BAY 7/22/93
HEIGHTS AND NATOMA MANOR
NEIGHBORHOODS -- DESIGNATE A TWO -MONTH
TRIAL EACH FOR PLANS "A" AND "B" --
PROVIDE FOR PUBLIC HEARING IF NEIGHBORS
ARE NOT SATISFIED.
191-234
32.
(Continued discussion) RATIFY CITY
R 93-487 235-237
MANAGER'S FINDING OF SOLE SOURCE --
7/22/93
APPROVE EXTENSION OF XGEN SOFTWARE /
SUPPORT SERVICES FROM JACKSONVILLE
SOFTWARE -- FOR DEPARTMENT OF
MANAGEMENT AND BUDGET, COMPUTER
DIVISION. (See label 30)
33.
AUTHORIZE RESTRICTION OF VEHICULAR
R 93-488 237-267
ACCESS TO CERTAIN STREETS IN THE CORAL
7/22/93
GATE NEIGHBORHOOD FOR A PERIOD OF FOUR
MONTHS ON A TRIAL BASIS.
34.
GRANT APPEAL -- DENY VARIANCE TO ALLOW
R 93-489 267-277
A FRONT YARD SETBACK FOR PROPOSED CAR
7/22/93
GARAGE TO EXISTING SINGLE FAMILY
RESIDENCE AT 2025 S.W. 5 AVENUE.
(Applicant: George J. Falcon.
Appellant: Mike Karaty, Jr., / Miami -
Roads Neighborhood Civic Association,
Inc.)
35.
DISCUSS AND CONTINUE (TO SEPTEMBER 21ST
DISCUSSION 278-279
MEETING) CONSIDERATION OF PROPOSED
7/22/93
RESOLUTION TO PERMIT A HELISTOP ON EAST
SIDE OF BISCAYNE BOULEVARD BETWEEN N.E.
6 AND 9 STREETS. (Applicant: Public
Works Department).
36.
VACATE / CLOSE N.W. 15 AVENUE FROM N.W.
R 93-490 279-280
6 STREET TO 7 STREET AND N.W. 6 STREET
7/22/93
FROM A POINT 100 FEET EAST OF EASTERLY
RIGHT-OF-WAY LINE OF N.W. 16 AVENUE TO
WESTERLY RIGHT-OF-WAY LINE OF N.W. 14
AVENUE -- AS CONDITION OF TENTATIVE
PLAT 1435: NEW.ORANGE BOWL SUBDIVISION.
(Applicant: Public Works Department.)
37.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE 281-283
TEXT IN ORDER TO ADD / DELETE / CLARIFY
11079
LANGUAGE THROUGHOUT ORDINANCE IN ORDER
7/22/93
TO UPDATE AND SIMPLIFY ITS
ADMINISTRATION. (Applicant: Planning,
Building & Zoning Department.)
38.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 283-284
CHAPTER 62 -- TO ALLOW SIX ABSENCES
FIRST READING
INSTEAD OF FIVE PRIOR TO REMOVAL OF
7/22/93
MEMBERS FROM PLANNING ADVISORY BOARD.
(Applicant: Planning, Building &
Zoning Department.)
39.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE 284-294
TEXT -- ADD / CLARIFY PARKING
FIRST READING
REQUIREMENTS FOR NEW CONSTRUCTION ON
7/22/93
PROPERTIES OF ONE-HALF ACRE OR LESS IN
SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT AND SD-17 SOUTH BAYSHORE DRIVE
OVERLAY DISTRICT. (Applicant:
Planning, Building & Zoning
Department.)
40.
DISCUSS AND CONTINUE CONSIDERATION OF:
M 93-491 294-322
(A) PROPOSED RESOLUTION TO CONSIDER
7/22/93
POSSIBLE DESIGNATION OF THE ACQUISITION
OF PLANNING SERVICES FOR THE COCONUT
GROVE PLANNING STUDY AS A CATEGORY 911
PROJECT -- AUTHORIZE MANAGER TO
ADVERTISE FOR RFP, ETC.
(B) PROPOSED RESOLUTION TO RATIFY
MOTION 93-211 AND TO AGREE, IN
PRINCIPLE, TO ENTER INTO AGREEMENT WITH
COCOANUT GROVE VILLAGE COUNCIL FOR
PREPARATION OF COCONUT GROVE PLANNING
STUDY.
(C) PROPOSED FIRST READING ORDINANCE TO
DECLARE A MORATORIUM ON DEVELOPMENT
ACTIVITY IN THE COCONUT GROVE AREA,
THEREBY SUSPENDING ISSUANCE OF BUILDING
PERMITS, SPECIAL PERMITS, LAND USE AND
ZONING CHANGES.
41.
ALLOCATE $100,000 OF 19TH YEAR CDBG
R 93-492 322-323
FUNDS PREVIOUSLY APPROPRIATED BY
7/22/93
ORDINANCE 11062 TO MIAMI MENTAL CENTER,
INC., -- TO RENOVATE THE AGENCY'S
RESIDENTIAL FACILITY FOR RECOVERING
SUBSTANCE ABUSERS.
42.
SUBMIT GRANT APPLICATION, JOINTLY WITH
R 93-493 323-327
THE CENTER FOR HEALTH TECHNOLOGIES,
7/22/93
INC., TO U.S. DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION --
TO REQUEST $1,000,000 TO CREATE A
BUSINESS INCUBATOR FOR HEALTH
TECHNOLOGIES, SAID INCUBATOR TO BE
LOCATED AT 1145 N.W. 11 STREET.
y�
43. AUTHORIZE CITY MANAGER TO SOLICIT R 93-494
SPONSORSHIP / FINANCIAL SUPPORT FROM 7/22/93
PRIVATE / PUBLIC BUSINESS INTERESTS --
TO CONDUCT: MIAMI HISPANIC MEDIA
CONFERENCE AND FUTURE RELATED
CONFERENCES.
44. AUTHORIZE MANAGER TO ACCEPT AND EXPEND R 93-495
$6,575,858 FROM STATE OF FLORIDA 7/22/93
HURRICANE ANDREW RECOVERY AND
REBUILDING TRUST FUND -- AS FINANCIAL
RELIEF FROM IMPACT OF HURRICANE ANDREW.
45. WAIVE (BY 4/5THS VOTE) COMPETITIVE BIDS R 93-496
FOR ACQUISITION OF SERVICES / EQUIPMENT 7/22/93
/ GOODS / MATERIALS, AS REQUIRED, FOR
COMPLETION OF AMERICANS WITH
DISABILITIES ACT (ADA) ACCOMMODATION AT
ORANGE BOWL STADIUM.
46. ACCEPT QUITCLAIM DEED RELATING TO R 93-497
CONSTRUCTION OF THE NEW BRICKELL AVENUE 7/22/93
BRIDGE FROM FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR A PREVIOUSLY
CONVEYED EASEMENT, IN EXCHANGE FOR A
SMALLER PERPETUAL EASEMENT OVER
ADJACENT CITY -OWNED PROPERTY -- EXECUTE
NEW PERPETUAL EASEMENT AGREEMENT
BETWEEN THE CITY AND FDOT.
47. ACCEPT BID: WOLFF'S KENNEL, INC. -- R 93-498
FOR FURNISHING FOUR GERMAN SHEPHERD 7/22/93
DOGS TO POLICE DEPARTMENT -- ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
48. INSTRUCT ADMINISTRATION TO ENSURE THAT M 93-499
OVERTOWN NEIGHBORHOOD BOUNDARIES USED 7/22/93
FOR NET (NEIGHBORHOOD ENHANCEMENT
TEAMS) AND OTHER APPLICATIONS ARE THE
SAME BOUNDARIES AS DESIGNATED UNDER
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) DESCRIPTION.
49. DISCUSSION CONCERNING POSSIBLE DISCUSSION
INSTITUTION OF WRITE-IN PROCEDURES FOR 7/22/93
FUTURE CITY OF MIAMI ELECTIONS -- VICE
MAYOR DE YURRE INVOKES FIVE-DAY RULE.
327-328
328-330
330-331
332-334
335-336
337-339
339-340
50. MOTION TO AMEND RESOLUTION 92-619, M 93-500
WHICH AUTHORIZED RAILWAY CLERKS TITLE 7122193
HOLDING COMPANY AND THE SCHOOL BOARD OF
DADE COUNTY TO CONSTRUCT / MAINTAIN TWO
PEDESTRIAN OVERPASSES / WALKWAYS OVER /
ACROSS: (1) N.E. 2 AVENUE NORTH OF N.E.
15 STREET BETWEEN THE JEFFERSON PARKING
GARAGE AND THE JEFFERSON BUILDING; AND
(2) N.E. 15 STREET WEST OF N.E. 2ND
AVENUE BETWEEN THE SCHOOL BOARD
ADMINISTRATION BUILDING AND THE
JEFFERSON PARKING GARAGE. (See label
53)
341-345
51.
ACCEPT BID: ROYAL ENGINEERING
R 93-501 345-346
CONSTRUCTION, INC. -- FOR CITYWIDE
7/22/93
SIDEWALK REPLACEMENT PROJECT - PHASE IV
B-4556 (CIP 341178) -- EXECUTE
CONTRACT.
52.
DISCUSS AND CONTINUE PROPOSED
M 93-502 347-364
RESOLUTION TO AMEND / MODIFY A ZONING
7/22/93
COVENANT RUNNING WITH THE LAND AT S.E.
CORNER OF S.W. 27 AVENUE AND CORAL WAY
(S.W. 22 STREET), WHICH RELATES TO A
1984 ZONING APPLICATION REQUESTED BY
THE THEN APPLICANT, CORAL WAY
PROPERTIES. (Applicant: A1ena Coral
Way Properties, Inc.)
53.
(Continued discussion) AMEND 92-619,
R 93-503 364-365
WHICH AUTHORIZED RAILWAY CLERKS TITLE
7/22/93
HOLDING COMPANY AND THE SCHOOL BOARD OF
DADE COUNTY TO CONSTRUCT / MAINTAIN TWO
PEDESTRIAN OVERPASSES / WALKWAYS OVER /
ACROSS N.E. 2ND AVENUE NORTH OF N.E. 15
STREET BETWEEN THE JEFFERSON PARKING
GARAGE AND THE JEFFERSON BUILDING,
CONDITIONED UPON EXECUTION OF A
COVENANT TO INDEMNIFY THE CITY TO
CORRECT A SCRIVENER'S ERROR. (See
label 50)
54.
RESTORE $100,000 FUNDING FOR GREATER
R 93-504 366-368
MIAMI NEIGHBORHOOD FOR TECHNICAL
7122/93
ASSISTANCE FROM CDBG FUNDS.
55. CONTINUE (TO SECOND MEETING IN DISCUSSION 368-369
SEPTEMBER) PROPOSED RESOLUTION 7/22/93
REQUESTING TO PROHIBIT ACCESS TO
CERTAIN STREETS (PER CODE SECTION
54.17): (a) S.W. 22 TERRACE 100' EAST
OF S.W. 27 AVENUE: AND (b) S.W. 25
AVENUE 100' SOUTH OF CORAL WAY (S.W. 22
STREET) - AND TO AMEND / MODIFY A
ZONING COVENANT RUNNING WITH THE LAND
FOR PROPERTY LOCATED AT S.E. CORNER OF
S.W. 27 AVENUE AND CORAL WAY.
(Applicant: Alena Coral Way
Properties, Inc.)
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of July, 1993, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Xavier Suarez who then led those
present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: By memorandum from the City
Manager, Cesar Odio, items CA-2, 6, 17, 18, 19, 26 and
28 were withdrawn.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
A. Proclamation to: Dia de Maria Luisa Bonafonte, for her outstanding
performance as a woman athlete in yesteryear's Cuba.
B. Commendation to: Jose Rilo, for his relief efforts in helping to clean
debris in our City after Hurricane Andrew, as well as for his commitment to
the betterment of Miami.
C. Certificates of Appreciation to: Staff of the NET offices in Allapattah,
Coconut Grove, Coral Way, Downtown, Wynwood/Edgewater, Upper Eastside,
Flagami, Model City, Little Havana, Little Haiti and Overtown, for their
relief efforts and help during the Hurricane Andrew aftermath.
1 July 22, 1993
D. Certificates of Appreciation to: Bernard Poitier, George Fitts and Arthur
Davis, for their commitment towards the youth in our community as well as
their endeavors on behalf of improving neighborhood harmony in our midst.
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2. GRANT REQUEST FROM DADE COUNTY HOMELESS TASK FORCE AND PLEDGE A CITY OF
MIAMI CONTRIBUTION OF 50 CENTS PER CITY RESIDENT AS THE CITY'S FAIR
CONTRIBUTION IN CONNECTION WITH PRESENTLY INSTITUTED COUNTYWIDE PLAN FOR
ASSISTANCE TO THE HOMELESS.
Commissioner Plummer: Mayor, as you are aware...
Mayor Suarez: Commissioner.
Commissioner Plummer: ...we have a request from Commissioner Pearlson, of
Miami Beach, who is here with Alvah and the good looking lady from the State
of Florida, who would like to make a very brief presentation in reference to
the homeless. As we have always extended courtesy...
Mayor Suarez: Commissioner Pearlson, we are pleased to recognize the efforts
that you have made in trying to get cooperation from - what? - twenty seven
municipalities in Dade County.
David Pearlson (Miami Beach Commissioner): Yes, Mr. Mayor.
Mayor Suarez: And, we are pleased to have Pat Pepper and Alvah Chapman, who
have worked incessantly to try to solve the problem with the homeless. So, we
are pleased to have you, Commissioner. We know that you are not here in a.
compensatory capacity and so it is fitting to take you first.
Commissioner Pearlson: Thank you Mr. Mayor. It is a great pleasure to be
here in the great City of Miami. I would be remiss if I first didn't
acknowledge the incredible work and leadership that you have demonstrated as
it relates to homeless throughout Dade County and not just yourself, but, your
entire Commission. I know on behalf of the constituency of the City of Miami
Beach, we acknowledge all of you for the work that you have done. The request
today, that I have before you, you are all aware of the long term plan which
goes before the County Commission on the 27th for final approval. There is
one problem. It's that, that revenue stream will not start for six to
eighteen months for us to implement all faces of the plan. And, as you know,
there is a great deal of human misery as we speak right now. What I have
volunteered to do as a member of the Dade County Homeless Task Force is appear
before all of the City Commissions and ask them to recognize that they must
own their share of the problem. That it is a regional problem, that it's a
problem all of us must be responsible for and we have come up with a formula.
The anticipated cost for the short term plan is approximately one million
dollars. There are approximately two million people in Dade County, so we
recognize that at a minimum we must get fifty cents per person from all the
municipalities. And that is the basic request that I have been making before
the municipalities. We have appeared before five of the municipalities today.
2 July 22, 1993
My own municipality has funded approximately sixty cents per capita; Bat
Harbor, one dollar per capita; Golden Beach, one dollar per capita; Hialeah
Gardens has directed their manager at fifty cents per capita to find the
money. The City of Homestead has sent it to committee to fund, hopefully,
fifty cents per capita.
Commissioner Plummer: Commissioner Pearlson, can I try to help you?
Commissioner Pearlson: Yes, sir.
Commissioner Plummer: I can't speak for my colleagues. But, as you know I've
talked with the Manager, and I have been a lone wolf in the forest for a long
time around here saying that this City should do its fair share when everybody
else puts their shoulder to the wheel and does their fair share. Fifty cents
towards the City of Miami, per person. The Manager tells us that we have
monies from the McKinney Act and as far as I am concerned, we will use those
monies towards that pro rata formula. And, I am ready to offer a motion, that
the City of Miami, when all others are in camp, join that camp and put up our
fair share of a minimum of fifty cents per person for a short term basis,
which is what we are looking for. And, so, I so move, Mr. Mayor.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Would you make the amendment read, "at the
discretion of the Manager as far as the participation of all the others."
Because, if we say "all others" there are smaller cities out there that...
Commissioner Plummer: Well, Mr.... I don't want to let anyone off the hook.
OK.
Mayor Suarez: I mean, I think we have seen a showing of cooperation and
participation as stated by...
Commissioner Plummer: I'll live it to the discretion of the Manager. But, I
want all of them to feel shameful if they don't.
Mayor Suarez: OK. We can build that into the resolution.
Commissioner Alonso: If I may, I would like to identify this a little bit
better. And, if I can have, from my fellow Commissioner... identify the total
amount which we are going to provide. And, also that we are guaranteed that
also funding is provided for the Downtown Program that Livia Garcia is in
charge of. I think it is of great importance, the program is very effective
and I think it should have, it should be able to continue. And, at the
present time, we don't have enough funding to maintain the program. If we are
going to move into this rates, which I feel we should, I think it is necessary
also to maintain the existing program that has been providing tremendous help
in this community.
Commissioner Plummer: Madam Commissioner, that was what brought them to the
table that I send them a letter indicating that the cupboards were bare in DDA
(Downtown Development Authority), and if they would pick up the tab and give
us back our money, that we would be glad to participate. They will now be
picking up that program starting August the first, where we will, in the DDA,
3 July 22, 1993
continue it until the 31st of July. They will pick it up on the 1st of August
and continue the program. As I have said to them, "Don't try to reinvent the
wheel, it's one of the few programs that is working." And, as such, I hope to
God they will not only continue the program from these additional monies that
will be coming in. But, expand the program because it's working. But, just
for you comfort, it 1s definitely in the monies.
Commissioner Alonso: OK, fine. And, also we have provided $100,000 and it
was given as a loan. Is going to be a grant now? Is it going to change?
What is going to happen with the $100,000 that we already offered towards this
plan?
Commissioner Plummer: We can talk about that at a later time. The point now
is that the formula is what will be applied. The formula will be for
population, fifty cents per person or more. Some cities have already agreed
to pay more than the fifty cents minimum fee. As far as the loan is
concerned, we have not gone into that. I would like to keep that as an ace in
the hole to make sure that things are done the way that this City would like
to see them done.
Commissioner Alonso: So, you are not saying that you are changing it to a
grant. You are saying it remains as a loan.
Commissioner Plummer: That is a separate item from the formula. This formula
will produce additional funds.
Commissioner Alonso: Not really, because it will be then additional
funding...
Commissioner Plummer: Oh, no, there is definitely additional...
Commissioner Alonso: ...and I will like to know when I vote on this issue,
are we going to provide that funding plus the $100,000, meaning that we should
then state how much are we giving, because we are giving an additional
funding.
Mr. Cesar Odio (City Manager): It would be a total of about three twenty
five.
Commissioner Alonso: We reed to know, is it going to be a grant or will it
continue as a loan and we can make a decision later on, or what. We should
state that for the record.
Commissioner Plummer: OK. We have a hundred and ninety four thousands from
the McKinney Act.
Mr. Odio: Our formula will be around two twenty five plus a hundred and three
twenty five total. We need thirteen thousand a month to run Livia Garcia's
program downtown. And, they understand that. So, we'll keep that going with
that and the balance goes to help the other part of the program.
Commissioner Plummer: That's correct.
Commissioner Alonso: So, what is the answer to the $100,000?
4 July 22, 1993
Mr. Odio: It is part of the, it will be three twenty five what we are
computing.
Commissioner Plummer: Part of the formula.
Commissioner Alonso: It will be then turned into a grant rather than what we
originally said, that it was going to be a loan and that we were going to be
reimbursed.
Mr. Odio: Well, that's your decision.
Commissioner Plummer: Which one are you talking about now? Are you talking
about the one that has all ready been paid or the last one that was asked for.
Commissioner Alonso: I'm talking about the last hundred thousand that we
provided. No, no, we awarded a hundred thousand dollars when Commissioner
Penelas came to us, I believe two Commissions ago...
Mr. Odio: We lent the DDA a hundred thousand dollars.
Commissioner Plummer: That was the second. That was the second hundred.
Mr. Odio: No, we tent the DDA a hundred thousand.
Commissioner Alonso: We lent it to them. We lent it only once. And, that
amount that we...
Mr. Odio: It's up to you whether to make it a grant or a loan.
Commissioner Plummer: Well, it will be used towards our allocation, as far as
I am concerned.
Mr. Odio: No, we will be short then.
Commissioner Plummer: Why?
Mr. Odio: Because you need...
Commissioner Alonso: No, we will provide the difference and it will be then
something like two hundred and fifty thousand our contributions approximately.
Commissioner Plummer: Yeah. It will be the one ninety four plus the hundred.
Yeah, very definitely.
Commissioner Alonso: OK. Fine, thank you.
Mayor Suarez: I guess it works out to be two twenty five plus a hundred. Is
that what you are saying?
Mr. Odio: Two twenty five is our formula plus a hundred.
Commissioner Plummer: No, excuse me. The one ninety four I am using is the
grant.
5 July 22, 1993
Mr. Odio: No, forget it. I'll have to make up the difference.
Mayor Suarez: That is what we are getting from the McKinney Act. But, two
twenty five is the commitment. All right.
Mr. Odio: Is it two twenty-five plus a hundred.
Commissioner Alonso: That's an additional funding.
Commissioner Plummer: That's the commitment, that's correct. OK.
Mayor Suarez: With those clarifications we have a motion and a second. Do we
have any further discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-469
A RESOLUTION PLEDGING A CONTRIBUTION FROM THE CITY OF
MIAMI OF FIFTY CENTS ($.50) PER CAPITA TO FUND THE
DADE COUNTY HOMELESS TRUST EMERGENCY PLAN, SUBJECT TO:
1) PAYMENT OF SAID PLEDGE TO BE MADE AT THE DISCRETION
OF THE CITY MANAGER, DETERMINED BY FAIR SHARE
PARTICIPATION BY OTHER DADE COUNTY MUNICIPALITIES, (2)
FUNDING FOR THE CITY OF MIAMI OUTREACH, INFORMATION
AND REFERRAL PROGRAM FOR THE HOMELESS TO BE PROVIDED
BY THE DADE COUNTY HOMELESS TRUST IN AN AMOUNT NOT TO
EXCEED $13,000 PER MONTH, EFFECTIVE AUGUST 1, 1993,
AND (3) CANCELLATION OF THE $100,000 LOAN APPROVED BY
RESOLUTION NO. 93-371 ON JUNE 29, 1993; RESCINDING
RESOLUTION NO. 93-371, ADOPTED JUNE 29, 1993, IN ITS
ENTIRETY, THEREBY CANCELLING THE $100,000 LOAN
COMMITMENT APPROVED BY SAID RESOLUTION AND SUPERSEDING
SAID LOAN COMMITMENT WITH THE HEREIN PLEDGED
CONTRIBUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE
` THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO IMPLEMENT SAID CONTRIBUTIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
6 July 22, 1993
Upon being seconded by Commissioner Dawkins, the resolution was ;gassed
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: And, of course, the key thing in addition to the funding is
that the other cities, as the Commissioner stated, are admitting that they
own part of the problem. It's not just the City of Miami. We particularly
appreciate...
Commissioner Plummer: I have been saying it for a long time.
Mayor Suarez: ...the fact that you have taken that message far and wide to
the corners of the County, Commissioner. I know it has taken a lot of your
time and a lot of hours, and Pat Peppers and everyone else's time. We really
thank you from our hearts. Because, it seems that even though everyone else
owns it, somehow, we own it in a special way. So, we are being helped by you
and we appreciate that.
Commissioner Pearlson: Mr. Mayor, leadership, in my opinion, is something
that is learned. And, I have been a devout student of Mayor Suarez, J.L.
Plummer and Miriam Alonso.
Mayor Suarez: Very good.
Commissioner Pearlson: And, on that note I will just close...
Commissioner Plummer: You better add two more, you have no vote yet.
Mayor Suarez: And Dawkins and Vice Mayor .De Yurre.
Commissioner Pearlson: Well, they didn't beat me up. You folks did. I will
just close by saying that ultimately, we will all be judged by not what we
accomplish in terms of building buildings and bridges and roads, but what we
do for the less fortunate. And, by that standard, this Commissioner, none of
you as individuals, should ever fear any judgement. I thank you again. You
have my commitment to go after the other nineteen municipalities. And, I
won't sleep until it's done. I thank you.
Commissioner Alonso: Thank you.
Mayor Suarez: Thank you, Commissioner, congratulations to you, sir.
7 July 22, 1993
3. DISCUSSION CONCERNING THE MIAMI HEAT AND POSSIBLE ENLARGEMENT OF MIAMI
ARENA.
Mayor Suarez: On the note of Commissioner Dawkins and Vice Mayor de Yurre
it's appropriate, most appropriate that we go into the issue of the Sports and
Exhibition Authority in the Arena...
Commissioner Plummer: Do we, did they call a vote? Did you call the roll?
Commissioner Alonso: Yes, yes.
Mayor Suarez: ...since I believe that they have been doing some beating up in
regards to that. It is listed as your item, Commissioner Dawkins, as Chairman
of the Authority. And, I believe that there is a study in the works. And,
we'll hear from about that presumably from the Executive Director.
Commissioner Dawkins: No, you will hear about that from me. The Executive
Director will have nothing to say.
Mayor Suarez: From the Chairman then. And, so what do we need to hear today?
Commissioner Plummer: Ohl That's my mani
Commissioner Dawkins: OK. Mr. Mayor, I appreciate your scheduling this.
Would the members of the Miami Sports and Exhibition Authority who are
present, would you stand, please. These are a few of the members of... all
right, thank you. And, we were fed up with the Heat situation being tried in
the media and that we were unable to respond. So, I asked if it would be put
In the agenda as an item where the public could hear us and we could hear the
public. With your permission I would like to do the following. Ask if
anybody in the public that would like to speak, let them speak. Then that the
Vice Mayor, who was Chairman prior to me, speak. And, then let the
consultants show what they were asked to see what could be done. Then we have
remarks from the Commissioners and we close the hearing. And, we, I would
hope that we could do all of that in fifteen minutes.
Mayor Suarez: All right.
Commissioner Dawkins: OK.
Mayor Suarez: Probably we could do it in less than that.
Commissioner Dawkins: Mr. Mayor, would you ask if anybody from the public
wants to be heard.
Mayor Suarez: And then Mr. Gonzalez-Goenaga, sir, be prepared to be the next
witness.
Commissioner Dawkins: Give your name and address.
8 July 22, 1993
Mr. Tyrone Turner: Yes, my name is Tyrone Turner.
Mayor Suarez: You want to bring that a little closer to you, Turner.
Mr. Turner: I would like to say good morning to everybody. And, I am a
member of the Miami Midnight Basketball League. And, I will like to say,
first I would like to say thank you to the City of Miami Police Department for
donating the fifteen thousand dollars so that we could get our summer section
started with that there. And, as to the Heat, I personally would like to keep
the Heat to the Arena. Because it is an inspiration to me, my friends, my
nephews, you know and they are suppose to be donating a youth center. I would
like them to get along with that there and stop saying what they are going to
do. And, just donate the youth center. Really, that's all I've got to say.
Mayor Suarez: Very good. The Authority contributes to Midnight League, does
it not?
Commissioner Dawkins: Yes, sir.
Mayor Suarez: At some point, Mr. Patrinely, since we see you here in town
again, if you want to make any comments, sir. We would love to hear from you.
Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Good morning citizens of Miami and distinguished ?
Commissioners. As Shakespeare did say, "The fault, dear Brutus, therB.r_u.tgs--
lies not in our stars, but, in ourselves." In other words, whatever you
Commissioners decide. You should always try to be creative. And, try also to
save money for the citizens. And, also try to put this whole City in order,
not only in sports, but, in sensitivity by the police and many other things.
And, I would like to have the opportunity to address again, for a short time,
after I hear the presentation. Thank you very much.
Mayor Suarez: Thank you, sir.
Commissioner Dawkins: Mr. Mayor, I would like to say now, we have a long
agenda. And, I ask that this be limited to fifteen minutes. What with the
Commission's permission we will take this to the Arena, we will set the
drawings up. And, there could be at one o'clock, there will be a question and
answer period. And, anybody who has questions and needs anything answered,
they could go there and spent as much time as the consultants have to give
them to answer questions, so that we do not have to tie up the Commission
meetings.
Mayor Suarez: All right, sir. Thank you.
Commissioner Dawkins: Anybody else from the public?
Mayor Suarez: Is there going to be a summary presentation by the consultants?
Commissioner Dawkins: No, no, no. I'll summarize it after they make the
presentation.
Mayor Suarez: OK, what is your desire as to the next order of business then
on this item?
9 July 22, 1993
Commissioner Dawkins: That the consultant show it what they were constructed,
I mean instructed by the Miami Sports and Exhibition Authority and Decoma.
Mayor Suarez: OK. I don't know the consultants...
Commissioner Alonso: Well, then...
Commissioner Dawkins: Mr. Dean Patrinely would...
Mayor Suarez: Dean, you want to lead the chorus there?
Mr. Dean Patrinely: My name is Dean Patrinely, my address is 1 Alhambra
Plaza, in Coral Gables, Suite 1100. I thank you for allowing us to visit with
you.
Commissioner Plummer: But, wait, wait a minute.
Mr. Patrinely: Yes, sir.
Commissioner Plummer: Decoma who is running the Miami Arena and the Knight
Center has the audacity to have their office in Coral Gables?
Mr. Patrinely: I have a project in Coral Gables and one in Fort Lauderdale.
And, we have our home office in Houston, Texas.
Commissioner Plummer: So you are willing to give up your two projects in the
City, since you don't like to be here?
Mr. Patrinely: I love the City of Miami. Otherwise, I wouldn't be here.
Commissioner Alonso: When are you moving back?
Mr. Patrinely: I am a native Floridian. So, my wife keeps asking me that.
Commissioner Alonso: That's lovely. But, what about the City?
Commissioner Plummer: You are about to become a poor boy. I want to tell
you.
Mr. Patrinely: We are here, as you know, the Authority and Decoma have
commissioned Ellerbe Becket, I'll describe it in just a second, to do a study
of what expansion and enhancements can be accomplished at the Miami Arena.
Presently, because we would like to clarify, I guess the air, we constantly
heard that nothing could be done with the Miami Arena to satisfy current
professional sports franchise needs. And, I think that what you'll see today
is that's not true. Quite frankly, things can be done on an expansion, we
believe, to create a very exciting Miami Area expansion program. And, we are
not here today to talk about how you do it, who is going to like it, why they
are going to like it. But, basically as a design study which is not complete,
to give you an idea of what it looks like and some rough cost ranges. And, to
not go any further, I would like to introduce our design team. Ron Fraser, of
Ron Fraser and Associates, whom many of you know is part of the team, is
sitting right here. Don Eyeberg, Vice -President of Ellerbe Becket and Randy
10 July 22, 1993
Braydar. Ellerbe Becket is one of the larger architectural firms in the
country. They specialize in sports arenas and public assembly facilities.
They currently have underway five NBA(National Basketball Association) arenas
under design. I'll list them for you, Portland, St. Louis, Cleveland, Boston
Garden, the new one, Philadelphia Spectrum, the new one and Buffalo for a
hockey program. They've designed the America West Facility where the Phoenix
Suns play. And, they recently completed probably on of the most impressive
expansions of a land mark facility in the Madison Square Garden in New York.
And, I want to turn this over to Don and his team and let them describe what
they have done.
Mr. Don Eyeberg: Mr. Mayor, Commissioner, my name is Don Eyeberg, with
Ellerbe Becket Architects, Kansas City, Missouri. We would like to take just
a moment to set up our drawings so that we can proceed with our explanation of
the concept that we have developed for expanding the Miami Arena.
Mayor Suarez: Can you set it off up over there where the public... See if
you put it there the public won't be able to see. That's good.
Mr. Patrinely: Can you hear this now?
Commissioner Dawkins: Yes.
Mr. Eyeberg: We are looking at a aerial photograph of the Downtown Miami
area. You can see the existing arena at this location, I-95, the Metrorail,
the Bayside Area and the Freedom Towers. We are going to be talking about how
we access the building. And, we are talking about a parking structure on the
east side and connections to the metrorail link on the west side. We have
here a series of boards. The first one is a section through the building that
we are proposing and I'll explain it as we go up through the drawings on each
level. We are looking at the event floor level here, or the main street
level. We are looking at north this direction, east, west and south. What I
would like to explain to you is that we, what we have done here is we have
increased the size of the lobby to enter the building. And, this is be able
to bring people in out of the inclement weather. So, that they can be inside
before they go through the ticket stalls and that sort of thing. We've showed
here a new team store, which will sell team products, novelties. We've
indicated a sports bar in this location, so that we now have an opportunity to
increase our food sales and products for the customers. We have indicated
escalators in this atrium lobby area, which is this area here, in order to
provide ease of circulation up to the other levels of the building. We've
also added four elevators to bring people up to the main level and also to the
suite level that we've proposed. Some of the other functions here is that we
expanded the team areas, office areas, locker rooms, some of the back of the
house services. We've increased and improved the VIP(very important people)
area. We've also added a separate access elevator to this area. I wanted to
point out to you is these large black columns here, indicate the existing
outside of the arena. And so, what you see is that we are expanding around
the arena almost thirty feet all the way around to increase the size. The
existing arena actually ends at this point on the section. And so, we are
expanding by doing this by going out and up. On the next level, which is the
main concourse level, you can see by accessing both sides of the building,
coming up through the lobby into the food court area. What this does is allow
us to have all of the patrons come into the building, access this area, have
11 July 22, 1993
the opportunity to go through food service and then access the main corridor.
These yellow areas indicate new suites at the concourse level. There will be
twenty to forty suites in this area. We also show in the purple other areas
for improved food service and food concessions and the toilets. As you can
see, in order to provide the suites at this level, which is this level right
here, the main concourse level, we've moved all of the food service, restroom
facilities to the outside of the building. Also, at this level we are
proposing that on the east side, that we have a direct connection over to a
future parking structure. This parking structure would then be used for
people attending events at the building and also for preferred parking for the
suite holders. On the west side, we propose a connection to the Metrorail so
that we can have a direct connection from the Metrorail station into the
concourse level of the building. You can see here, we talked a little bit
about the VIP room on the first floor. Here is the service area and elevator
to access down to that level even white there is a hockey event which of
course takes up the whole floor level.
Mayor Suarez: Would you know - if I may interrupt you very quickly - would
that be the only arena that is connected to a rapid rail linkage directly like
that? Do you know of any others?
Mr. Eyeberg: I do not know of any others that are...
Mayor Suarez: I guess the Garden has some kind of... The Garden.
Mr. Eyeberg: Underneath, as a subway system.
Mayor Suarez: Wouldn't be as nice as this one, I am sure.
Mr. Eyeberg: Ah-huh. We'll now go up to a suite level up above. And, what
we've done here is the existing suites are in this location. We have moved
them back, set them out, basically on the outside of the building, to improve
their sight lines. This will allow two rows of seating in front and a bar
stool arrangement for seating. It gives you a nice comfortable view of the
floor. So, you have nice sight lines, it will be a nice area to be in. I
might mention one of the other things we did on this level is that we've added
two rows of seats at the front of the upper seating to give you a very nice
area of club seating or premium seating level at this point. It's very close
and it will be terrific seats. As you can see on this level, we now have the
opportunity to have sixty-eight suites. So, the building can have a total of
a hundred and eight suites maximum. We have a small suite holders' lounge up
here, with access to either the escalator and the elevators.
Vice Mayor De Yurre: Excuse me, in reference to the existing suites how high
would these be?
Mr. Eyeberg: These are actually lower. The existing suites are up in this
level, we are lowering them.
Mr. Patrinely: Yeah, they are about here.
Vice Mayor De Yurre: So, they are going down about what, ten feet?
12 July 22, 1993
Mr. Eyeberg: About ten or twelve feet. And, then we are also moving them, we
are moving, we are moving them outboard to give you a more gentle sight line.
Vice Mayor De Yurre: So, you are going to add like...
Mr. Eyeberg: Right now when you sit on those suites you have a tendency to
want to lean over the seat. What we are doing is providing a little more
comfortable area so that you can sit in a more relaxed environment.
Vice Mayor De Yurre: So, you are adding a third tier of seats then?
Mr. Eyeberg: Yes, and what we are proposing above this is six rows of seats
in another upper concourse. This will allow us to expand the building to
nineteen thousand one hundred seats total for basketball. We do that with
this drawing here, you can see we have that upper concourse level with toilets
and concessions...
Commissioner Plummer: Seating is now what, fifteen?
Mr. Eyeberg: ...around here and the six rows of seats.
Vice Mayor De Yurre: What about for hockey? What would be the capacity?
Mr. Eyeberg: It would be about eight hundred seats less. So it would be
about eighteen thousand three hundred seats; nineteen thousand one hundred for
basketball. Just to give you an... this is the present location, of the
suites, when you were asking before. You can see in this diagram what we have
done with them. We've moved them down and back to give them a better field.
Vice Mayor De Yurre: Down and back, or down and forward? Aren't you getting
them closer to the...
Mr. Eyeberg: Well, actually they have been brought down so they are closer to
the building. And, then we, in order to improve that sight line, we've set
them slightly, slightly back from that point. We've also in this concept, of
course in order to do all of this, we have to raise the roof about twelve feet
to bring it up higher, in order to provide this next balcony here.
Vice Mayor De Yurre: The ceiling or the roof?
Mr. Eyeberg: The whole roof structure.
Vice Mayor De Yurre: Everything has to go up.
Mr. Eyeberg: Yes.
Commissioner Plummer: Yeah, they have presently it is about three blocks
away.
Mr. Patrinely: Want to point out that one of the patterns of Square Garden...
sorry.
Mr. Odio: Wait, no wait.
13 July 22, 1993
Mr. Patrinely: Do you have another question?
Commissioner Plummer: No, go ahead.
Mr. Patrinely: Madison Square Garden, is just completed for about two hundred
million dollars total cost renovation.
Ms. Matty Hirai (City Clerk): Excuse me, Mr. Patrinely.
Mr. Patrinely: I am sorry. Thanks. Two hundred million dollars renovation.
All of their suites are about here. And, this is a brand new, probably one of
the most... largest expansions in the country. To give you another example,
the America West Arena, deemed and designed by Don and his team deemed by many
to be one of the finest in the country, and very recently completed - has its
suites, the first level of suites is about back in here. Is that right, Don?
Mr. Eyeberg: Yes, it is.
Mr. Patrinely: Meaning that in this expanded version, what I called Phase Two
of the Miami Arena we've got suites planned actually closer than some of the
newest largest arenas in the country. We've got club seating down closer,
cause most, some arenas have their lower bowl actually comes out back up to
here and their suites are about like that, about where America -West is.
{ You've got the upper bowl sitting very close to the floor. These are premium
seats now. And, quite frankly, we are very excited because we've got...
Commissioner Plummer: Now, the stadium, the stadium that you just completed
similar to this, what did it cost?
Mr. Eyeberg: The America West Arena?
Commissioner Plummer: Well, the one he just spoke about?
Mr. Patrinely: To replace it today is about a hundred fifty to a hundred and
eighty million.
Commissioner Plummer: One fifty to one eighty for a similar structure. Is
that a correct statement, sir?
Mr. Eyeberg: Yes, sir.
Mr. Patrinely: Yes, sir. And, I was, I was going to give you in a minute the
version of, the cost is...
Vice Mayor De Yurre: Now, Dean...
Mr. Patrinely: Yes.
Vice Mayor De Yurre: ...the dark area are new seating?
Mr. Eyeberg: No, just the first three, just the first two rows down there.
Vice Mayor De Yurre: The first two rows. What are we losing down on the
lower tier? On the lower bowl, what are we losing?
14 July 22, 1993
Mr. Eyeberg: What we are doing is we are taking the last two rows of seating
in the lower area and turning those into the first two rows of the suite. We
are adding a third row within the suite in what we call a bar stool
arrangement where you have a higher, a higher chair. And so, we have
incorporated all of that into the suite area at the concourse level.
Vice Mayor De Yurre: OK. So, actually we are losing two rows outside. But,
we are picking up, we are picking up the two plus the third one inside the
actual suite.
Mr. Patrinely: Correct. Right.
Vice Mayor De Yurre: And then on top of that we are picking up two rows at
the upper level on the lower lip of the upper level.
Mr. Patrinely: Correct, correct.
Vice Mayor De Yurre: Plus the extra seats at the third new tier that does not
exist at this point in time.
Mr. Patrinely: That's correct.
Vice Mayor De Yurre: Plus all of the additional seatings and... Now, the
nineteen one that you are talking about, that includes all the suite seats or
not?
Mr. Patrinely: Yes.
Vice Mayor De Yurre: Without the suites, how many seats are we talking about?
Mr. Eyeberg: Two, yeah, I was going to say about two thousand seats less.
Vice Mayor De Yurre: So there is two thousand suite seats?
Mr. Eyeberg: Approximately, about two thousand seats in the hundred and eight
suites.
Vice Mayor De Yurre: So, then we are actually, actual non -suite seats we are
increasing by about two thousand.
Mr. Patrinely: One of the things, Commissioner, that we like about...
Vice Mayor De Yurre: You guys are going to have to be passing the microphone
because we need all the stuff on the record.
Mr. Patrinely: One of the interesting... we are very excited about, is the
restaurant club Beatings up at the level here. Which is this green area,
which can be expanded. If this turns out to be a very attractive, very... in
America West it is, and Don can relate an experience in that arena that I
think that it can be interesting. But, this could be larger, as large as
necessary for the club. I want you to tell them.
15 July 22, 1993
Mr. Eyeberg: The America West has a restaurant club seating area. And, it's
accessible only for ticket holders, from season ticket holders. And, those
people usually sit down in this area and in order to access this, they need to
come up here and spend time. I've found that some of the games that I have
attended, that many of the people have come up during a good competitive game
at half time, purchased the beverage and have actually stayed through most of
the third and fourth quarters watching the game from this location.
Commissioner Plummer: So, they were drunk.
Mr. Eyeberg: It's a very exciting, dynamic, dramatic area to be in.
Vice Mayor De Yurre: And, that's open to the court then?
Commissioner Plummer: They were drunk. OK, when are you going to...
Vice Mayor De Yurre: OK, so you are saying it's an... It's pretty much what
they have at JRS(Joe Robbie Stadium), they have that eating area JR's and you
can down the right field side.
Mr. Patrinely: Uh-huh.
Commissioner Plummer: All the roses, let's talk about a few of the thorns.
Mr. Patrinely: Well, these are facts. Whether they are thorns or not...
Commissioner Plummer: No, let's talk about the main thing, dollars. How
much?
Mr. Patrinely: Without land...
Commissioner Plummer: I mean you did all this glorious talk now give me some
reality.
Mr. Patrinely: All right, I'll try it. Without land, and again we are not
complete with the study.
Commissioner Plummer: We already own the land.
Mr. Patrinely: Without additional land, or air rights, or land planning
Issues for the garage for example, if you. -are to put a garage in a logical
place...
Commissioner Plummer: Let's not talk about the garage and let's don't talk
about the overpass over to the Metrorail to...
Mr. Patrinely: Without the garage, without that, we are talking sixty-five to
seventy-five million compared to a hundred and fifty million.
Commissioner Plummer: You are talking sixty-five to seventy-five million
today's dollars?
Mr. Patrinely: Excluding the land cost.
16 July 22, 1993
Commissioner Plummer: OK, well, does that include the garage or not?
Mr. Patrinely: Excludes the garage.
Commissioner Plummer: Excluding the garage and excluding the walk over, the
pedestrian overpass, sixty-five.
Mr. Patrinely: That is correct.
Commissioner Plummer: Now, the garage would be?
Mr. Patrinely: Including the garage and the pedestrian walk, you are probably
talking in the range of eighty to ninety. The garage is a two thousand car
garage, give or take. And, the air conditioned walk -ways linking will run
about say four to six thousand dollars a foot. So, you are talking about ten,
twelve or fifteen millions. These are rough estimates based on...
Commissioner Plummer: Yeah, they are damn rough.
Mr. Patrinely: You don't want to have a walk way from a garage...
Commissioner Plummer: So, you are talking then by the time you are finished,
you are talking a hundred million dollars.
Mr. Patrinely: And, I guess...
Commissioner Plummer: Huh? Am I in the ball park?
Mr. Patrinely: If you build the garage we think your...
Commissioner Dawkins: There you are. Let me ask Dean. If we build what you
think we are going to build or what somebody else thinks we are going to
build, you are probably talking a hundred or a hundred and fifty million
dollars.
Commissioner Plummer: No, Miller, now...
Commissioner Dawkins: If you are talking...
Mayor Suarez: From scratch. From scratch.
Commissioner Dawkins: ...about, if you are talking about utilizing this to
start negotiating and coming up with what we can do to retain the facility,
whether we retain the team or not, then, we have to, J.L., come up with what
we can do and if the County will buy in to help us maintain the Heat and the
Arena, they will put in some dollars. So, we ourselves would have to.say that
if the County, Dade County, can find two hundred million dollars for a
performing arts theatre, if they can find money for other things, then you
have to find money to upgrade the Arena to keep the Heat. If they plan to
keep it.
Commissioner Plummer: Well, Miller, my point very simply and I understand
what you are saying and that is another ball park. But, what I am asking is
about this ball park. If we have the plan in front of us, that plan, with the
17 July 22, 1993
sky boxes presented, with the parking structure and the pedestrian overpass, I
am asking the question, is it realistic that we are looking at a hundred
million dollars? That is my question.
Mr. Patrinely: We think that it is a tittle bit less than that, with what
you've just described. We think it is eighty to ninety.
Commissioner Plummer: And, what... Well, give me your opinion.
Mr. Patrinely: We think we are in the range of eighty to ninety to do the
expansion...
Mayor Suarez: All right, Dean, let me follow up on the Commissioner's
question and phrase it this way. I don't know why we always go the opposite
way so that then he can write an article saying that we started at eighty and
ended up with fifty. Why don't you do it the other way around. What can you
get for fifty? What, if you were told that the constrain was that we could
have fifty million dollars available for this expansion on what was initially
a fifty-two million dollars facility, so then we still would be in a hundred
million which is less than many others would cost. And, you are putting up a
chart showing a hundred and eighty. Maybe, they're close to a hundred and
eighty now, which would be twice the entire amount for what we might then call
Phase I of our project and now Phase II. If you were told that you've fifty,
I heard somewhere that with fifty we could do most of that. Can you do most
of that with fifty?
Mr. Patrinely: No, not in our opinion.
Mayor Suarez: What can you do with fifty?
Mr. Patrinely: People sometimes talk about hard cost, the actual construction
contract...
Mayor Suarez: Right.
Mr. Patrinely: ...and leave out the design the financing cost, the soft cost.
What we are saying is a brand new clean piece of paper, America West, style
arena, in today's cost, a hundred and fifty to a hundred and eighty.
Mayor Suarez: You are, you are giving me the comparison that I wasn't asking.
Mr. Patrinely: I am going to get to your question.
Mayor Suarez: I was asking if you give the engineers a constraint of fifty
million dollars, can you get most of what was shown there and can you take any
element that would get you back to fifty, no?
Mr. Patrinely: No, sir, you cannot get, you cannot get everything they've
shown. You've got to eliminate items.
Mayor Suarez: So bare bones that is...
Mr. Patrinely: Can I give you a...
18 July 22, 1993
Mayor Suarez: Yeah, sure.
Mr. Patrinely: ...can I give you a rough, unsubstantiated estimate. If you
only adjusted the suites on the concourse level, did not do much else, sort of
a half program. You are probably in the range of - hard cost - twenty
million, fifteen to twenty million for that. So, you can begin to see that if
your constraint is fifty million, then you probably can't do all of this up
here. But, you can certainly do more that It's there. And, the question we
had is, and the mission we gave to Ellebe Becket, if money were not the
object...
Mayor Suarez: If money was not the object.
Commissioner Plummer: We built what is there for thirty eight.
Mr. Patrinely: I am not suggesting that it is or it isn't. What would people
say that the check list of what an NBA-1993 Arena ought to have in it.
Mayor Suarez: And, and, we are back to the figure of eighty then. That is a
threshold figure, you are saying.
Mr. Patrinely: Eighty to ninety, including the garage.
Mayor Suarez: Well, when we say eighty to ninety, we are going to be shooting
for eighty obviously.
Mr. Patrinely: Clearly.
Commissioner Plummer: Yeah, but you have a ten percent overrun.
Mayor Suarez: And, of course Commissioner Plummer will be envisioning a ten
percent overrun.
Mr. Patrinely: We didn't have an overrun the first time.
Mayor Suarez: Yeah, I would not. I would not...
Commissioner Plummer: Mr. Mayor, Mr. Mayor...
Mayor Suarez: I would put in a provision that for every dollar, you know,
extra, the contractor has some kind of penalty. So, we would figure out a way
to do it.
Commissioner Plummer: Mr. Mayor, God rest his soul, Gene Marks is not here to
make sure that it's done.
Mayor Suarez: Well, we'll have other Gene Marks.
Mr. Patrinely: Gene Marks, Gene Marks... the Commissioner is right. Gene
Marks was instrumental along with MSEA(Miami Sports and Exhibition Authority)
team and our team in creating an on -time, on -the -budget delivery of the first
phase. You can assume it will be on time and on budget. We've learned from
Gene.
19 July 22, 1993
.s jo
Mayor Suarez: So, we can assume that we can duplicate that effort again, and
it will still be eighty. So, you will be on a hundred and thirty three is the
figure that you are showing there. As opposed to a brand new facility, which
could be costing a hundred.and eighty million. So, we are still fifty million
under.
Mr. Patrinely: You have the advantage of having, basically, all of the
implements, the structural situation, the fact that we have a chilled water
agreement with Dade County. We don't have to put a new central plan, like
many new arenas will have to put in. You have a lot of infrastructure that is
absolutely usable. It is existing. This is Phase II of an expansion. And,
we are saying...
Mayor Suarez: Strong recommendation as you make this presentation, we were
talking, I was just consulting here with Chairman of the Authority, and, all
of us want, of course, the County Commission to be fully briefed very quickly.
And, specifically, they have a Chairman, who I spoke to last week he called
the Commission meeting when we were here. And, that's Diaz de la Portilla,
who is going to be looking over this matter. That you don't, Dean, initially
get too much into the frills and the additional things. Do the basic and then
let the other things come. If people want to propose them and you might throw
them out as possibilities. But, try to go to the bare bones every time.
Because, obviously...
Mr. Patrinely: Well...
Mayor Suarez: ...we may not think we are under constraints. But, the
citizens believe that we are under constraints even for something as exciting
as maintaining a basketball franchise.
Mr. Patrinely: And, the issue to be looked at that we were charged with is we
are making no judgement as to how is financed, who is paying for it, how it's
paid for. We heard that it's impossible to enlarge the Miami Arena to
standards that are now desired by professional sports. We are saying that it
absolutely can be done if you wanted to do that at a cost far less, a third to
a half, than a brand new facility sitting in the correct location, where we
originally sited the Arena, which we think is the fifty years good solution.
You are question is absolutely right. If you don't have that, then what else
can we do? We want to first clear the air that you can compete in the world
of professional sport with an enlarged Miami Arena in its current location at
a discount to a brand new facility.
Mayor Suarez: All right.
Commissioner Plummer: Amazing, we got what we've got for thirty eight
million.
Commissioner Dawkins: Yeah, J.L. and during that time you buried a body for a
hundred dollars, now you charge two hundred. That's inflation, man.
Commissioner Plummer: I still offer to do yours for nothing.
Commissioner Dawkins: Mr. Mayor, I appreciate this. I'd like to say to the
members of the Miami Sport and Exhibition Authority, I have to stay here.
20 July-22, 1993
But, this will go to the Arena. I'd like for the two chair, vice -chairpersons
to convene a meeting. And, if you, I think you have a quorum here, if you are
going to approve this. I would hope that you would approve this and tell them
to go on and get back to us in September, for what we have to do. I would
also like for the Commission to say to the Mayor, since he's no longer going
to be the Mayor, he'll have free time on his hand, I would like to suggest
that the Mayor be the person, who would be the liaison between this Commission
and this project so that, when I get hung up in being reelected and everybody
else, and Plummer is having an operation, at least the Mayor can meet and
have, and sort of keep this on tract, if that's all right with the rest of the
Commissioners.
Commissioner Plummer: We dislike him bad enough. We'll, saddle him with
that job.
Commissioner Dawkins: OK, all right. This will move... Yes, sir Mr...
Mr. Patrinely: I wanted to add one thing. We failed to mention that we think
we can accomplish this without missing seasonal play over a three summer
period. Working in the off season as happened with the Madison Square Garden.
In other words, you do the work. You raise the roof and you do the work
without impeding play. Takes longer, it's a little messier and takes a little
more careful scheduling. But, that's what we are proposing. This is not a
shut -down -the- Arena solution.
Commissioner Dawkins: OK, I'd like for the former Chairperson to close this
and move the... everything to the Arena.
Vice Mayor De Yurre: Thank you, Miller. First let me say that it is exciting
to see all that we were listening to here this morning. And, I think the
thing that is always in the back of our minds is what J.L. brought to bear is
you know, the cost. And, we know there is cost. We know it is going to cost
a significant amount of money. I remember back in 182 December 15th, if I am
not mistaken - there was a question on the ballot about a penny to refurbish
the Orange Bowl. And, there was a lot of politicking going on and the time
wasn't right, and it failed and along with that failure we ended up having a
Joe Robbie Stadium up at the County line and no Miami Dolphins. And, I
believe that we can learn from that. We can learn about the things that we
thought were right then...
Commissioner Plummer: Now, it's being sold.
Vice Mayor De Yurre: ...and the things that were not right in that process.
When I am looking at this project, I am thinking immediately, that we need a
twenty year deal with the Heat. We need a twenty year deal with the hockey
team. We need to have long term tenants that are going to give us a base to
provide the stream of income that we need to get the bonding capacity to get
the bonds to pay for a project of this nature. This, along with other
components, just like they are building a performing arts center, which I
believe that we do need. And, I am glad to see that it's moving ahead. This
is like I've said time and time again, the most significant impacting
component of our community. Certainly in the twenty year, the last twenty
years that I have been here in Miami. And, I have been here for over thirty.
This has improved the quality of life of Miami tremendously. Those people
21 July 22, 1993
that enjoy sports, those people that
to us, hockey coming into the Arena,
goes on, aside the fact off providing
of the Miami Arena...
Mayor Suarez: Arena Football.
enjoy watching the Heat. What it means
the concerts and everything else that
jobs for the community. I am very proud
Vice Mayor De Yurre: ...I believe... Arena Football, roller, hockey and
Ping-Pong U.S.A., and everything else that comes along to this facility. I
believe that we are all very proud of it and we have to be in a position to
keep what we have. We have to be in a position to sit down with the Miami
Heat, to sit down with the NHL, Florida Panthers, and to say, "Guys, this is
what we have. You want to buy into this? This is for all of us. Here is
your home for the next twenty some years, let's work on this. "And, I believe
that with the County in hand, committing their support and effort to making
this happen. We may have to throw in a County suite for them, you know, work
something out with them. But, I believe that all this is doable and like I
said, got my full support and let's go on working with this. Let's make it
happen. So, Mr. Executive Director, you've been most eloquent. You know, for
the past week he's been telling me, "Man, I am going to say this, I'm going to
say that." And, he's yet to say a work. Which is better, I think than what
he was planning to do. So, I thank you for your demeanor. Thank you very
much.
Commissioner Plummer: OK, can I ask a question, Miller?
Commissioner Dawkins: Yes, J.L.
Commissioner Plummer: I am assuming simultaneously with this study being
done, that somewhere along the line there is going to be a financial
feasibility study done.
Commissioner Dawkins: Yeah.
Commissioner Plummer: You know, the Heat, they play how many games here?
Forty-one games. So, that's like a... just a small portion of the year. I
would be as concerned about the remaining days of play. And, what they would
be able to produce and predicating on... seating would be used or not be used.
So, you know, I think it is very, very important that the financial
feasibility study has got to be done, because that is going to be one of the
greatest factors involved.
Vice Mayor De Yurre: J.L., you've got to understand one thing. If, for this
expansion to go ahead, is because one of two things, one of three things
happens. The Heat stays, the Panthers stay or they both stay. Without a
sports franchise calling the Arena home, it doesn't make any sense to do any
of this.
Commissioner Dawkins: And, plus the feasibility study, J.L., I agree with
you, would also have to say what events can be held in the Arena instead of in
the new performing arts theatre. Because they are building a performing arts
theatre to have affairs in that can be held in the Arena. So if, I mean let's
put apples, like you said put, put everything on the table.
22 July 22, 1993
Commissioner Plummer: Well, that's a deficit before they put the first shovel
on the ground.
Mayor Suarez: No, but a fair question along the lines of what Commissioner
Plummer was saying. Dean, or may Rob, or somebody, just a quickly here cause
we've got other things to do. But, the typical concert that has sold out the
Arena, and there has been quite a few that have sold out the Arena, would that
concert typically, if you had nineteen thousand seats sold, would it have sold
another three or four thousand?
Mr. Patrinely: We'll have Rob answer that. Rob.
Mayor Suarez: I mean would we be using the full nineteen thousand complement
of seats here for other kind of activities?
Mr. Rob Franklin: Rob Franklin, 3124 Mary Street, Miami.
Commissioner Plummer: Smart man.
Mayor Suarez: "Miama", he says. God, how they learn!
Mr. Franklin: We sell, we do, of course, have about a hundred and forty with
the hockey next... this coming season, we'll have about a hundred eighty to
about a hundred ninety events. Concerts vary from ones that sell six or seven
thousand seats as we are having one tomorrow, to maybe six or ten a year that
are total sell-outs, and I would say that artists like Billy Joel, Bruce
Springstein, Elton John, that have sold out the Arena. Neil Diamond who sold
out the Arena in a matter of minutes, would certainly sell an extra three or
four thousand seats. So, yes it would be a handful of concerts a year would
certainly...
Mayor Suarez: For concerts, is it not a fair statement to say that the Arena
has become the premier venue for concerts in all of South Florida. There is
nothing in Broward that competes with it.
Mr. Franklin: Not, in the seating capacity. Sunrise Musical Theatre probably
does more concerts because it is a smaller venue, and a lot of artists prefer
smaller ones.
Mayor Suarez: But, I mean the big acts, the ones that are difficult to get,
they can't compete with us.
Mr. Franklin: No question about that.
Mayor Suarez: Wish Mr. Strauss would, every once in a while, mention that in
his articles.
Commissioner Dawkins: But, also Mr. Franklin, if you did not have to lock out
certain days for the Heat, wouldn't there be a possibility of booking other
groups? But, because we have the heat, and we have to reserve "X" number of
days for them as - you have a down -time or something, right?
23 July 22, 1993
Mr. Franklin: Well, it's always true, of course, a date is a perishable item,
and you can only sell a date once, so if you're holding dates for Heat, or
Panthers, or University of Miami, or any event, those dates are not available
for a concert, which is more lucrative. That's a common fact in the business
throughout the country, and agents and managers that schedule concerts learn
to work around this.
Commissioner Plummer: Yeah, but you know, Mr. Manager, I hope somewhere along
the line - because I was around when this thing first initially came about. I
think for everybody's edification, somebody needs to go back and realize when
this arena was conceptual, when the financial studies were done, there was no
such thing as a Miami Heat. And the financial studies at that time showed
that this arena could succeed financially, and they did. Now, is there any
question in anybody's mind, it succeeded better and faster because of the
Heat? The answer is, "yes." But as to whether or not it could succeed, that
was said to us in financial studies that it could succeed at that particular
time. I think one of the biggest factors of the measuring that I've used is
the circus. I am told that the Barnum and Bailey Circus in ten days of events
sell out in excess of $2,000,000 worth of ticket sales. If they could sell
more tickets, maybe increase their days, I think it's a great thing. But I
just hope - Mr. Manager, go get those financial studies and make them
available to some people around here.
Mr. Franklin: If I might just respond to that quickly and say that another
reason that it's so important to keep this arena and this - and enhance this
arena instead of building another arena, it's not so much that the arena
profits directly by the... economically by the Heat, but if the Heat was to
build another arena, that they would be competing with us for those lucrative
concerts, and competing with us for the service.
Mayor Suarez: We understand.
Mr. Franklin: To recommit to this location and this arena is the way to go.
Commissioner Dawkins: Thank you.
Mayor Suarez: Thank you. And let the record reflect that the tripod and
exhibits were almost destroyed by our budget director. I'd say that's very
fitting. OK, ladies and gentlemen - thank you, Mr. Chairman.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: You've done a magnificent job in the presentation, in coming to
here, and the executive director, as the Vice Mayor said, was most eloquent.
Dean, good to have you.
24 July 22, 1993
4. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
COMPUTE A PROPOSED MILLAGE RATE FOR CITY OF MIAMI FOR FISCAL YEAR
10/1/93 - 9/30/94. (See label 7)
Mayor Suarez: Item 2.
Mr. Cesar Odio: It's to set the millage, Mr. Mayor.
Mayor Suarez: Is this to comply with State law, that we have to do that about
this time?
Commissioner Plummer: Wait a minute. Where the hell are we?
Mayor Suarez: At some point, would someone identify or signal me when the
Chairman of the County Commission is available. I presume you're waiting for
that Jorge, and...
Commissioner Plummer: Mr. Mayor, also, I would like - since the County
Commissioner is here, I'm going to ask that the gas distribution tax and the
dedication of the pipeline be taken up both at the same time. They're both
with the County, and let's make sure that we understand and enjoy each other.
So I'll ask, Mr. Mayor, please, that when we discuss one of the issues, we
discuss the other...
Mayor Suarez: Absolutely.
Commissioner Plummer: ... because of the leverage.
Mayor Suarez: All right, sir. Absolutely. Manohar, is this to comply with
State law, and are you going to be proposing, by any chance, that we set it at
the same amount as last year? What is the story here? Tell us.
Mr. Manohar Surana (Assistant City Manager): Yes, sir.
Mr. Cesar Odio (City Manager): A tittle bit less, Mr. Mayor.
Mayor Suarez: A little bit less? Tell us something.
Mr. Surana: OK. For operating purposes, same millage. For debt service, the
millage is going down by .1182. And the total millage is - total millage is
9.5995 for operating purpose; 2.2126 for debt service. A total millage of
11.8121.
Mayor Suarez: And this will fix the time and dates for the first hearing to
be September...
Mr. Surana: 7 and 21.
25 July 22, 1993
Mayor Suarez: All right. I'll entertain that that be forwarded to the
appropriate - the appraiser and County Commission.
Commissioner Plummer: Mr. Mayor, I would suggest, sir, that you have all
Commissioners present when you vote on that issue.
Mayor Suarez: I think it's kind of perfunctory. It isn't really...
Commissioner Plummer: I would like all Commissioners present to have the
opportunity to be counted.
Mayor Suarez: ... because we'll be having hearings. All right.
[AT THIS POINT, ITEM 2 (City of Miami Millage) WAS
TABLED-3
5. CONSENT AGENDA.
Mayor Suarez: All right. Consent agenda.
Commissioner Plummer: Can I ask, Mr. Manager, what is this on CA -I? I don't
understand.
Mayor Suarez: OK. Let me just announce it, please. Consent agenda is items
CA-1 through CA-6. If anyone wishes to be heard on any of those items
individually, let them step forward. Let the record reflect no one has done
that. Commissioner Plummer needs a clarification on item CA-1.
Mr. Cesar Odio (City Manager): Yeah. This is - what we need to do is,
legally, because we purchased the property where the Chinese restaurant was,
so we need to do this to make it possible to receive the rents from them.
Commissioner Plummer: All right. How long is the scenario with the Torch of
Friendship?
Mr. Odio: From the what, sir?
Commissioner Plummer: The Torch of Friendship.
Mr. Odio: Which is - which one is that?
Commissioner Plummer: Item 6.
Mr. Odio: Oh, I'm sorry. I was looking at 1. Well, this is as long as they
have a contract with us.
Commissioner Plummer: How long is the contract for?
Mr. Odio: Well, whatever...
26 July 22, 1993
A
Commissioner Plummer: Does it give them any rights, other than to pay for the
cost?
Ms. Diane Johnson: We have yet to finalize the agreement, but the only rights
they do have is for maintenance. They do not have any rights...
Commissioner Plummer: All right. There's no expansion of their boundaries?
Ms. Johnson: No, no. They are merely taking the maintenance responsibilities
unto themselves.
Commissioner Plummer: OK. I have no further questions, Mr. Mayor.
Mayor Suarez: All right. On item CA-1 through CA-6, I'll entertain a motion.
Commissioner Plummer: So moved.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Call the roll on the consent agenda.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE CONSENT AGENDA WAS APPROVED 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
5.1 ISSUE REVOCABLE PERMIT TO CAFE TUNG NAN -- FOR USE OF 750 SQUARE FEET OF
SPACE AT 5508 N.W. 17 AVENUE -- PERMITTEE TO PAY MONTHLY FEE OF $450 FOR
USE OF SAID AREA.
RESOLUTION NO. 93-93-470
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE PERMIT TO CAFE TUNG NAN, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE USE OF 750
SQUARE FEET OF SPACE AT 5508 N.W. 17 AVENUE, MIAMI,
FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE
AREA A MONTHLY FEE OF $450 IN SUBSTANTIAL ACCORDANCE
WITH THE TERMS AND CONDITIONS CONTAINED IN SAID
REVOCABLE PERMIT.
27 July 22, 1993
ia'di,'�j :nA,y
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 ACCEPT PLAT: GARLICK SUBDIVISION.
RESOLUTION NO. 93-93-471
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED GARLIC SUBDIVISION, A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ,ALL THE CONDITIONS OF THE
PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.3 ACCEPT' PLAT: LOS MUNIZES SUBDIVISION.
RESOLUTION NO. 93-472
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED LOS MUNIZES SUBDIVISION, A SUBDIVISION IN
THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS
OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
28 July 22, 1993
5.4 ACCEPT PLAT: PERL SUBDIVISION.
RESOLUTION NO. 93-473
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED PERL SUBDIVISION, A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE
PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATION SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.5 ACCEPT DONATION FROM BAYSIDE MARKETPLACE / ROUSE-MIAMI, INC. -- TO
BEAUTIFY / MAINTAIN, IN PERPETUITY, AREA KNOWN AS: THE TORCH OF
FRIENDSHIP.
RESOLUTION NO. 93-474
A RESOLUTION ACCEPTING A DONATION FROM BAYSIDE
MARKETPLACE/ROUSE-MIAMI, INC., TO BEAUTIFY AND
MAINTAIN, IN PERPETUITY, THE AREA KNOWN AS THE TORCH
OF FRIENDSHIP, LOCATED BETWEEN N.E. 3RD STREET AND
N.E. 4TH STREET ON THE EAST SIDE OF BISCAYNE
BOULEVARD AT AN ESTIMATED VALUE OF $11,280 FOR THE
INITIAL BEAUTIFICATION, AND $600 PER MONTH FOR
MAINTENANCE; FURTHER, AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO AUTHORIZE WORK
AND TO ACCEPT SAID DONATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
29 July 22, 1993
6. (A)AUTHORIZE EXECUTION OF EASEMENT AGREEMENT WITH METROPOLITAN DADE
COUNTY GRANTING NON-EXCLUSIVE EASEMENTS TO THE COUNTY FOR A 12-INCH, 24-
INCH AND 102-INCH SEWAGE FORCE MAIN ON CITY -OWNED VIRGINIA KEY AND BAY
BOTTOM LAND UNDER BISCAYNE BAY -- TO PROVIDE ADDITIONAL SEWAGE CAPACITY,
SUBJECT TO PROVISOS.
(B) DISCUSSION CONCERNING LOCAL OPTION GAS TAX PROPOSED BY METROPOLITAN
DADE COUNTY. (See label 28)
------------------------------------------------------------------------------
Mayor Suarez: We have the Chairman of the County Commission, Arthur Teele
here, we have County Commissioner Dennis Moss, both of whom are recognized,
and if you want to make presentations in any particular way, Mr. Chairman,
we'll take them in any way you would like. I see you've got the new Director
of the Water and Sewer Authority, Tony Clemente, and I think you have
Assistant Director, Jorge Rodriguez, and Mr. Renfrow, from County DERM
(Department of Environmental Resources Management), in good company, and we'll
get on to your item in whatever order you would like.
Mr. Arthur Teele (Metropolitan Dade County Commission Chairman): Mr. Mayor,
Mr. Vice Mayor, Commissioners Dawkins, and Plummer, Commissioner Alonso in
absentia - we11 , i f she' s not goi ng to come out, we' d 11 ke to j ust take the
vote.
Commissioner Plummer: Boy, you've learned...
Mayor Suarez: I'll entertain a motion now.
Commissioner Plummer: I want to tell you, Ferre has taught you well. Ha -ha-
ha.
Chairman Teele: In all seriousness, Mr. Mayor and members of the
Commission...
Commissioner Alonso: No way you'll take it.
Chairman Teele: Thank you very much for the courtesy and the opportunity to
appear before you. Under our new composition, each Commissioner is
responsible for subject matter jurisdiction. The Physical Environment and
Land Use Committee, which has jurisdiction over our DERM, as well as our
water, sewer, and other environmental areas, as well as building and zoning,
is chaired by the Commissioner from the ninth district, Commissioner Dennis
Moss, who is no stranger, of course, to this community, because of his long
activeness in the area of parks, recreation, job and job training, and you'll
be hearing from him. Additionally, the Director of WASA (Water and Sewer
Authority), as well as the Director of DERM - the WASA Director is Mr. Tony
Clemente; the DERM Director is Mr. Renfrow - are all here to answer your
questions. Bob Coords, the Chairman of Sun Bank, representing the Greater
Miami Chamber of Commerce also is here and would like to be heard on behalf of
the business industries throughout our community, as well as the Building
Association of South Florida, which is represented, I believe, by Truly
Burton, and the Latin builders all have separate presentations. Mr. Mayor and
30 July 22, 1993
members of the Commission, I won't be redundant, except to say that we really
appreciate the courtesies that you, Mr. Mayor, and the members of the
Commission have extended to Mr. Clemente and to Commissioner Moss, and our
staffs, as we've tried to go through the issues. There are a number of very,
very important issues which have been highlighted, and so that there is no
redundancy, I won't attempt to highlight them again. But I would like to say
the Dade County Commission is committed to working cooperatively and closely
with the City of Miami; each and every Commissioner, as well as the staff.
And we are hopeful that as we move forward on the very important issues, such
as the Miami Heat and the arena, issues relating to public transportation, our
roads, and improvement. We were just moved, as you note, and acceded to the
municipalities' desires regarding more revenues for road and transportation
projects through the five cents gas tax and the interlocal agreement, and I
think that this Commission is going to find that the Dade County Commission is
going to be very sensitive to your desires and your wishes. At this time, I
would yield to Commissioner Moss, who would make a brief presentation. He
will be followed by...
Commissioner Dawkins: Before Commissioner Moss, Chairman Teele, I'd like to
say that it's very heartwarming to hear you say that we will work
cooperatively together. Very few Commissioners over there have had the
foresight to understand that as Miami goes, so goes Dade County. And you,
yourself, know that Joe Gersten held up a whole lot of bills and things that
belonged to the City of Miami, and the other eight Commissioners sat right
there and allowed him to do it. I would hope that that has ceased, sir.
Thank you.
Commissioner Plummer: We went from heart burn to heartwarming.
Chairman Teele: Wel1, in that regard, 1et me just say this. There are a
number of projects that are important, but I don't think there is any project
more important than historical preservation. I'm pleased to report that the
County Commission has appropriated almost a million dollars - some $900,000 -
in the last CDBG (Community Development Block Grant) - to the restoration of a
project that is essentially a City project, the Lyric Theater, in historic
Overtown. We did that because we basically - while we defer and try not to
fund projects in the City of Miami CDBG projects, we did that because we think
historic preservation is a Countywide issue, in the County's, as well as all
of the citizens of this community's best interest, and we're going to be
continuing to look, I think, in a more enlightened way, and I deeply regret
the kinds of dialogue that have taken place from the dais while I was there,
and I pledge to you, Commissioner Dawkins, and all the.other Commissioners,
that we're not going to have those dialogues in the future.
Commissioner Dawkins: Thank you, sir.
Chairman Teele: Thank you.
Commissioner Plummer: Mr.
Teele leaves, I hope we're
intend to solve one issue
local distribution of the
give you carte blanche to
that I don't know a thing
Mayor, again, before Commissioner Teele or Chairman
going to resolve both issues today, because I don't
without the other. Arthur, we're talking about the
gas tax, in which they are saying that we have to
support a $2,000,000,000 (two billion dollar) bond
about. There's no way you can ask me to give that
31 July 22, 1993
kind of support today without knowing what the bond issue is. They're
proposing that that distribution of the gas tax be dropped if we don't, and I
want to tell you, when you go hand in hand, I think one issue is just as
important as the other. So Mr. Manager, whoever you've got that's going to
address the issue of the gas tax, if they expect me to vote on this pipeline
today, they better be expecting me to vote on the gas tax distribution also
today, because it's just as important to me.
Mr. Cesar Odio (City Manager): Well on the local option, I would hope you
approve it today, subject to the - and the Commission has to decide whether
they're going to go ahead with the bond issue. If they don't go ahead with
the bond issue - our percentage is 26 percent, which is very good for us. If
they approve the bond issue and it goes to the public referendum and it's
approved, we get 33 percent, and if it's not approved, it's ten.
Commissioner Plummer: Mr. Manager, my problem - excuse me.
Mr. Odio: And I know why you're doing that.
Commissioner Plummer: My problem is very simple. You can't ask me to support
a bond issue that I don't know a thing about.
Mr. Odio: But we are not asking you to do that today.
Commissioner Plummer: OK.
Mr. Odio: We're just saying, let's approve the interlocal, and then subject
to coming back later to - on the referendum.
Commissioner Plummer: OK. We'll discuss it at the appropriate time.
Mr. Odio: Yeah.
Chairman Teele: Commissioner Plummer, on the issue, under the State law, the
interlocal agreement must be approved by September 1. That does not approve
the tax. The County Commission will take up the tax in - I believe in
September, as a part of our budget hearing, which will be around the 27th or
24th of September, and at that time, we can resolve all issues. But let me
say this. The cities won. The League of Cities or the municipalities of Dade
County had a proposal that was separate from our proposal. The County
Manager's strong recommendation was a 15 percent split, and it was widely
agreed - I think Roger Carlton and Muxo - the cities won in that negotiation,
and the County Commission, basically myself, and Commissioner Moss and the
others agreed to the City compromise position that was presented.
Commissioner Plummer: OK.
Mayor Suarez: Commissioner Moss.
Mr. Dennis Moss (County Commissioner): Good morning, Mr. Mayor, Mr. Vice
Mayor, Commissioners. I certainly have a renewed respect for the positions
that you hold.
Commissioner Plummer: Ha -ha-ha.
32 July 22, 1993
Mr. Moss: I tell people all the time that I used to throw a lot of rocks when
I was on the outside, but it's a whole different view when you're on the
Inside. I'm very happy to be here this morning, and again, I want to echo
what the Chairman stated earlier. You know, there is a need for us to work
cooperatively on issues. That may not have happened in the past. Hopefully,
with a new Commission in place over at Dade County, with the commitment that
the Chairman has made, with the commitment that I have made, prior to being
elected, one of the things that I would like to see is to make sure in the
future that we work cooperatively on issues that affect all of us. Our
destinies are intertwined. This morning, we're here on an issue that
affects - and it's probably no greater issue than what we're going to face any
time soon, and that's the issue of replacing that line across Biscayne Bay.
This process started about four years ago. I'm going to allow Tony Clemente
to really get into all of the facts and the details, but this process started
about four years ago. Of course, you know right now we're under the auspices
of a Federal suit at this time, and we're trying to do what's right on behalf
of all of the citizens of this community, including the citizens of the City
of Miami, and that is to get that line replaced as soon as possible.
Certainly, there's some concerns that have been voiced as it relates to the
route that we're looking at taking. However, I would hope this morning that
we would have an open mind and hopefully, at the end of this process, that we
can come to some kind of agreement that allows us to go on ahead and proceed.
Time is of the essence in this particular process, and we certainly would
appreciate your consideration on this matter. At this time, I will allow Tony
Clemente, who is our newly appointed Director of WASA, and someone who I have
the utmost respect for, to walk you through the presentation.
Mr. Anthony Clemente: Thank you very much, Mr. Commissioner. Good morning,
Mayor Suarez and the fellow Commissioners. Let me assure you that the
direction I've received as the Director of the Water and Sewer Department is
to fix the problems at the Water and Sewer Department, first, primarily, in an
environmentally sound manner, as quickly as possible, as economically as
possible, in a way that - to try to minimize the disruption to the community.
And I want to assure you that we're committed to doing that with those goals.
The County, as Commissioner Moss has indicated, has been embarked upon a
program of trying to replace the sewer line that serves the central portion of
Dade County that delivers sewage to the central sewer plant, for several years
now. The primary debate about the way to provide that replacement of the
line, and to assure that we have a line that has adequate capacity to serve
that central area without any restrictions and to avoid sewage overflows, has
been whether or not, how that line gets across Biscayne Bay. As you probably
have heard, the issue is whether or not we should cross the bay while
utilizing what we call a conventional method, which is digging a trench and
laying a pipe down versus a tunnel. At this point in time, we feel that the
preferred route will be the conventional method. The fact is, though, that
this pipe is built in six segments, and three of the segments are common to
either solution, be it the tunnel or the conventional crossing of the Biscayne
Bay. At this point in time, the first two segments, "A" and "B," which I will
explain shortly, have - permits have been issued by the City of Miami. A
resolution approving the easement for the construction of Segments A and B
have been approved, and we stand before you today requesting the final
approval for the easement that are required for the fourth and fifth segments
to complete this line. I'm going to walk you through it. In arriving at this
33 July 22, 1993
solution, the County has considered numerous options over several years. One
of the options now that are currently being suggested, in lieu of us
proceeding with this option, is an option of putting in a - is basically
renovating the old pipe. One of the concerns is that - we've not been able to
do that because of the fact that we have to maintain the service, and to be
able to renovate the old pipe, you would have to install a temporary pipe,
which then will allow you to renovate the old pipe. We do not feel that that
is the solution, and I'm going to explain that to you. The other thing that
we have recently reexamined, which we examined initially two years ago is a
route that would take you through the Port of Miami and around the - to
Virginia Key. We do not feel that - the analysis previously and currently is
that this is not a viable route because of the construction of the People
Mover, Bayside, and the infrastructure that exists at the Port of Miami, plus
the fact that there's some questions about the feasibility...
Commissioner Dawkins: One minute.
Mr. Clemente: Yes, sir.
Commissioner Dawkins: Because I'll lose my point if I don't.
Mr. Clemente: No problem.
Commissioner Dawkins: You said that you do not want to run it by the Port of
Miami because you don't want to disrupt the businesses at Bayside and what
have you, but yet, you want to take it down Southwest 8th Street and disrupt
all that I have done to improve Overtown and Park West?
Mr. Clemente: No, sir.
Commissioner Dawkins: OK.
Mr. Clemente: No, the - no, I did not mean to say that at all. I appreciate
your interrupting me. The - I'm not saying it's a question of who we're going
to disrupt. It's a question of whether or not it's technically feasible to
actually install the size of pipe that we need to provide the service, because
of the infrastructures already built and in place.
Commissioner Plummer: Well, Tony, hold on a minute, now. Let's get two and
two make four here. When I talked with you yesterday, my question to you was,
in reference to this so-called temporary bypass, and I was not aware of this
plan that would go by the port. Your indication to me was that there was no
way that you could go, because of the environmental conditions.
Mr. Clemente: That's for the port route?
Commissioner Plummer: No. For the temporary bypass coming over that way,
because of the grasslands you spoke about.
Mr. Clemente: No, the - let me - I think you mixed - I'm not talking about
the temporary bypass option. I'm talking about the port option.
Commissioner Plummer: OK. Well, I...
34 July 22, 1993
Mr. Clemente: Let's go back, let's go back...
Commissioner Plummer: The port option's a new one to me.
Mr. Clemente: Let's go back and if you give me - if you could give me a
second, let me get into the actual details. Let me - there's a handout. Let
me go to the next chart, that comparison of the options that we are looking at
right now, which include the temporary pipe route and...
Commissioner Plummer: Correct.
Commissioner Alonso: Tony, one thing...
Mr. Clemente: ... but I'll clarify that directly.
Commissioner Alonso: Excuse me, Tony. One thing that I think that we should
emphasize for the record, I think it's important that this Commission
understands that you don't have the permits at the present time, because they
might be misled and believe that you have the permits. You don't have the
permits at the present time.
Mr. Clemente: Not for the entire, entire pipe. We do have permits for the
first two segments.
Commissioner Alonso: And it will take several months before you can get the
permit, right?
Mr. Clemente: It may.
Commissioner Alonso: Yes.
Mr. Clemente: It may take shorter, and it may take longer.
Commissioner Alonso: OK, thank you.
Commissioner Plummer: But the point I'm trying to get back to, Tony, that
basically, the environmental area that would be disturbed or could be
disturbed was the...
Mr. Clemente: For the temporary pipe, with a renovation of the old pipe.
Commissioner Plummer: That's correct.
Mr. Clemente: All right.
Commissioner Plummer: And your indication to me yesterday was that
environmentally, you would never get that through the DERM or through the
State.
Mr. Clemente: Well, I never like to say "never."
Commissioner Plummer: Well...
35 July 22, 1993
Mr. Clemente: I've been working for the government for 20 years. But I would
say that the - the reaction we've gotten so far is that the probability of us
getting the permits for a temporary pipe and renovating the old pipe are not -
are not real good. All right?
Commissioner Plummer: OK.
Mr. Clemente: But I would not - never say "never," it's not possible...
Commissioner Alonso: So in...
Mr. Clemente: I think it may be possible, but I'm going to tell you that the
initial reaction of the environmental agencies is not - was not that there's
no problem. There are problems associated with trying to get that permit.
Commissioner Plummer: Does the plan which I'm now aware of, the so-called
through the port, does that run that same course?
Mr. Clemente: No, it runs a different course. Let me go back to the - the -
if you go back to the aereal you have before you...
Commissioner Plummer: Because I haven't seen that one. Do you have...
Mr. Clemente: On the port route, that's not shown on here because at this
point, it's not one of the options that we've committed to by the State, nor
has it been an option that anybody has advocated until, you know, at this - up
to today, because the fact is that that route - there's a lot of routes we've
looked at, including the port route, which is not included, because of the
fact that they have basically - it's been decided they're not viable routes
for various...
Commissioner Dawkins: Why? What makes them not viable?
Mr. Clemente: The first - one of the first things that makes them not viable
is that physically, you can't put a pipe in through that area. The second
thing that makes it not...
Commissioner Dawkins: Why? Why not?
Mr. Clemente: Because...
Commissioner Dawkins: You got a bay bottom, and the pipes sit on the bay
bottom.
Mr. Clemente: No, I'm talking about - I'm talking about buildings, I'm
talking about existing buildings and...
Commissioner Dawkins: Beg your pardon?
Mr. Clemente: ... existing facilities. In other words, existing facilities,
there are some streets...
Commissioner Alonso: Tony, Tony, I'm sorry to correct you.
36 July 22, 1993
Mr. Clemente: All right.
Commissioner Alonso: But you will not interfere with existing facilities.
You will not. If the plan - the port plan has nothing to do with existing
facilities. It will just go through areas where the port has some containers.
Mr. Clemente: Commissioner Alonso, what I was trying to...
Commissioner Plummer: Does anybody have a copy of the port plan? I haven't
seen it yet. The port plan.
Mr. Clemente: In reference to Commissioner Dawkins, he could question what
are - what are the factors that eliminate routes? I mean, obviously, you
could - I could come up with a thousand possible routes...
Commissioner Plummer: But I mean they're talking...
Mr. Clemente: ... to get from the lift station to the sewer plant. And what
I'm trying to explain to you is that when you go through the analysis of all
the thousand possibilities to put a sewer line between this pump station and
that plant, what - the factors that eliminate it are physical restrictions
because of existing infrastructures, environmental restraints, are the two
major factors that eliminate that possibility.
Commissioner Alonso: Yeah, but you don't have any concerns when it comes to
the environment going through the port, none at all.
Mr. Clemente: That's not correct, Commissioner.
Commissioner Alonso: Well, explain to me which are the concerns.
Mr. Clemente: The primary restriction, as far as utilizing the port route,
there are environmental concerns, but I don't think that's the primary
concern. The primary concern of utilizing the Port of Miami as a route to
replace this line is that the existing infrastructures in place between the
pump stations to the Port of Miami, or through the Port of Miami and into
Virginia Key are so that - they are so - they would restrict the feasibility
of designing or constructing, installing those lines.
Commissioner Alonso: Could you give to us a copy of that report when that
analysis was made? Because that's not my understanding of what were the
reasons that this route was not accepted.
Mr. Clemente:" Well..
Commissioner Alonso: WASA is here. Could you put that on the record, on the
same statement of why this one was not acceptable?
Mr. Clemente: Well, I have...
Commissioner Alonso: I think I know the reason why the port was not
acceptable.
Mr. Clemente: I - I got some - to tell the fact - the bridge...
37 July 22, 1993
t4ti�'
Commissioner Alonso: Carmen Lunetta was the loudest.
Mr. Clemente: No, there's - again, the bridges, the underground utilities
already exist, the 45-feet deep navigation channel that you have to cross, and
then the - I'm sorry, what's that, future tunnel?
Unidentified Speaker: Future transportation.
Mayor Suarez: Is there a difference, Tony...
Mr. Clemente: The possibility the future trans...
Mayor Suarez: You just mentioned the 45-foot navigation - deep navigation
channel. Is there a difference in the depth of the lines as they come sort of
longitudinally, as opposed to if they had to come vertically down from Dodge
Island?
Mr. Clemente: Yes. Yes. You see, you don't have to cross the - you don't
need the 45-foot clearance. The 45 foot is for the cruise ships and the cargo
ships, and that does not go up into the alternative route, so that's one other
factor.
Mayor Suarez: I don't think they're quite 45, but it's a - it's more...
Commissioner Plummer: It's 36 in there, isn't it?
Mayor Suarez: Yeah, a little bit less than 40, I think.
Unidentified Speaker: They're making it 45.
Mayor Suarez: And there's no such channels...
Mr. Clemente: You're - you're - they are...
Mayor Suarez: ... there's no such channels in the other route, the
recommended one?
Mr. Clemente: Not that deep. There's the intercoastal, but the intercoastal's
not that deep. You're correct that the current depth of the channel is not
45, but the plan...
Mayor Suarez: But it's designed for, or expected to be, or proposed to be?
Mr. Clemente: The permit, they have permits for...
Commissioner Plummer: Well, they want to dig it out to 45.
Mr. Clemente: Yes, sir. They have permits to make those channels deeper, to
accommodate the deeper vessels, and that's part of the entire Port
of Miami expansion plan that's already been approved and permitted.
Mayor Suarez: The only place in which there would be a sea bed type of
conduit here for the proposed line would be right here at the little crossing,
right at the beginning of the line; the rest would be on land?
38 July 22, 1993
Commissioner Plummer: The green line.
Unidentified Speaker: Yellow line.
Mayor Suarez: OK, I think I've got it. That's just a little crossing there
where I think it would be on the sea bed, as far as I can tell.
Mr. Clemente: Yeah, this right here. You're correct.
Mayor Suarez: OK.
Mr. Clemente: All right. The...
Mayor Suarez: What's the depth there, just out of curiosity?
Commissioner Plummer: Eight to ten feet.
Mayor Suarez: Eight to ten feet?
Mr. Clemente: Susan? Let me call on Dr. Markley. She's done the surveys.
Mayor Suarez: I got my expert over here on my right. He says eight to ten
feet. Is that correct?
Ms. Susan Markley: My name is Susan Markley, and I'm senior biologist at Dade
County DERM. The sea grass areas that would be crossed if that route were
viable are less than six feet deep.
Mayor Suarez: All right. Thank you.
Mr. Clemente: All right. The next chart and handout is - I just want to show
you that we've analyzed the current conventional method. We estimate, first
of all - and again, what's really important here is whether or not the
proposed solution to this problem is acceptable, obviously, not to only Dade
County and the City of Miami, but we really have to be acceptable to the DEP,
the Department of Environmental Protection of the State, and also the U.S.
Attorney's Office, and the EPA (Environmental Protection Agency), and at this
point, the only solution that they feel is acceptable is the installation of
the new line and - as part of a solution. The reason that is - I just want to
go into the next chart, and it basically. shows you that the feeling is that
the renovation of the old pipe does not provide a solution to our problem for
the following reasons. Number one is that the old line renovated will not
provide the adequate capacity to avoid potential sewage overflows in the river
during peak flows. Number two is that the time frame to complete...
Commissioner Alonso: Tony?
Mr. Clemente: Yes, ma'am.
Commissioner Alonso: Number A - Letter A, isn't it true that that was before,
a suggestion was given changing it from 48 to 54?
39 July 22, 1993
Mr. Clemente: You're talking about - no. There's two parts to this problem.
The first problem - you're talking about the temporary pipes. Initially, the
proposed temporary pipe was not adequately sized. The current proposal on the
temporary pipe for the bypass has been changed to two larger pipes which would
then be able to handle the sewage on a temporary basis. The temporary pipe is
really being reviewed under two different concepts. The first concept is as a
method to allow the renovation of the old pipe as a package.
Commissioner Alonso: Uh-huh.
Mr. Clemente: We feel that the renovation of the old - this is not viable,
because the renovation of the old pipe does not provide an adequate solution,
because it, in itself, is not large enough. We are still evaluating...
Commissioner Alonso: But the problem, Tony, if it's large enough as if 54,
and when we met, you told me, "Yes, it was sufficient."
Mr. Clemente: The temporary pipe.
Commissioner Alonso: The temporary pipe.
Mr. Clemente: That's correct. I'm talking about the...
Commissioner Alonso: And if that is the case, that that temporary pipe, it is
sufficient, my concern is, who could give to us a guarantee that we are not
going to have a burst of the pipes, and the damage is going to be so extensive
that it's beyond repair? Who could guarantee to us that in your plan that is
going to take two years, nothing will happen before? We need guarantees.
That's why I believe that the temporary is so important, because of the length
of time. Who could guarantee to us that tomorrow they will not burst, and we
are going to have this serious damage?
Mr. Clemente: Right.
Commissioner Alonso: We are running a risk. Two years, two years is a long
time.
Mr. Clemente: Right.
Commissioner Alonso: While the alternative would be four months or so.
Mr. Clemente: OK. This...
Commissioner Alonso: And if not, try something else.
Mr. Clemente: Commissioner Alonso, I - I concur with your basic statements,
but you're really - we're mixing two different issues. The first issue is,
how do we provide a permanent solution? The second issue, which you are
raising also, and I think is a valid issue which we're addressing, the
question is - we cannot guarantee this pipe may not break during the next two
years. The question then is, can - what we can do to minimize the impact with
a risk of that happening. What we have done is we - the Commission has
approved a contract for $400,000 to have a barge and equipment with the parts
necessary to do repair on standby whereupon notice, they'll be on site in an
40 July 22, 1993
hour and a half. We have identified three failure modes. The first failure
mode is a basic leak where you come in and you put a sleeve around it, and you
seal 1t off. We feel we can complete that repair in 24 hours. The second
failure mode 1s a pipe segment breaks out, it cannot be sleeved, and you have
to replace the pipe. We feel we can replace a piece of pipe in 72 hours. The
third failure mode is the failure of the manhole - manholes that are on the
pipe, and we feel we can replace a manhole failure within, I believe 24 hours,
also. In addition to that, we have - the Commission - we have authorized
testing the pipe, using sonar that would - we feel which would give us
evidence as to whether or not we're talking about the shell of the pipe, or
whether or not we're talking about still, you know, several inches of concrete
and steel out there. If the - if the test indicates to us that we're talking
about a shell of a pipe, that would have - that the probability and frequency
of breaks in that line is very great, then we basically would recommend to the
Commission that we do proceed, maybe, to spend the twenty-five to thirty
million dollars to put in a temporary pipe so that while we're waiting for a
permanent solution to be constructed, the risk and impact of that type of
failure would be avoided.
Commissioner Plummer: Where's that money coming from?
Mr. Clemente: That money's going to come out of your pocket and my pocket.
It's going to come out of rate base for everybody that pays a water and sewer
bill in Dade County.
Commissioner Alonso: I'll be very honest...
Mr. Clemente: That's why we feel...
Commissioner Alonso: I'll be very honest with you. I don't think it should
really come from the taxpayers of the City of Miami, because we have already
given $400,000,000. And the truth of the matter, we should really be spared
that cost.
Mr. Clemente: Well, part - you know, part of that $400,000,000 you gave us is
this pipe, and I think - and the entire County now is going to pay for the
replacement of that. So, yeah, we - that does benefit the City and all the
people in Dade County. It's a Countywide system and we're all going to pay
that cost.
Commissioner Alonso: Yeah, but the rest of the County did not donate
$400,000,000...
Mr. Clemente: We've been very fortunate.
Commissioner Alonso: ... as the citizens of Miami did.
Mr. Clemente: Yeah, we've been very fortunate in Dade County. Almost the
entire system has been donated. The fact is that Dade County required all
developers when they built to put in sewer lines and water lines, and turn
that over to the County at no cost to the public. The fact is, we've been
very successful in obtaining Federal funds to build most of the facilities in
Dade County, and to the degree that now that we've inherited a free system,
that's why our rates are going up, because we didn't have to pay for - we
41 July 22, 1993
didn't have to use our rate system to build this system. We've used Federal
monies and donated systems to build it, and now, it's time - now it's time to
repair it and replace it, and we're going to have to pay for it, because the
Federal government is not paying for it any longer, and the developers aren't
going to pay to have it replaced, and that's part of the problem we're faced
with. But moving on. One of the reasons why we feel that we need to install
new lines, the additional advantage is that it's going to give us a backup
pipe. There's two other pipes going over to Virginia Key; a 54-inch line,
sewer line from Miami Beach; and also, a sludge line from North Dade, from the
plant. By us building a new pipe and then maybe going back and renovating the
old pipe, having evaluated whether or not we're going to keep this plant on
the Key, then we would then have a backup pipe in case any one of these three
pipes have a problem. And finally, again, I just - again, it's - you have to
understand that we really are not making this decision in a vacuum. The
decision as far as the solution does need DER and EPA approval. One of the
questions that comes up is, to some of you, I know that the knowledge of this
route may be new, but the fact is, on August 29, 1989, the staff of the County
met with staff of the City and started...
Commissioner Dawkins: Who did you meet with? I'm sorry, who was in that
meeting?
Mr. George Rodriguez: Commissioner Plummer, we met with your staff...
Commissioner Dawkins: No, uh-uh, no. Wait a minute, no.
Commissioner Alonso: Dawkins, Dawkins.
Commissioner Dawkins: That's the lighter one. I'm the darker one.
Commissioner Plummer: Sunshine, I've heard it right today.
Mr. Rodriguez: We met with the staff of the Public Works Department, the
Director.
Commissioner Dawkins: Uh-huh.
Mr. Rodriguez: For the record, I'm George Rodriguez, with WASA.
Commissioner Dawkins: OK. Now, Mr. Rodriguez, then July the 13th, you met
with the City Manager to discuss easement in Lumus Park. Now, what happened
there?
Mr. Clemente: As a result of that meeting and numerous meetings after that,
the City Commission approved an easement by resolution, approving the granting
of the easement for this...
Commissioner Dawkins: That's 192. Somewhere in here, in 189, somebody had to
approve you all not going through the port. Who did that?
Mr. Odio: Tony, Tony, Tony...
Commissioner Dawkins: No, wait a minute, mister. Wait a minute, Plummer.
Plummer, leave this alone now, till I finish, please.
42 July 22, 1993
Mr. Odio: There was a meeting with Gart Sloan.
Commissioner Dawkins: Who?
Mr. Odio: Mr. Sloan.
Commissioner Dawkins: Who met with Mr. Sloan?
Mr. Odio: I did, sir, and all the Public Works staff.
Commissioner Dawkins: And what did...
Mr. Odio: And a lawyer.
Commissioner Dawkins: And a lobbyist.
Mr. Odio: And I had a lawyer with us.
Commissioner Alonso: A lawyer.
Mr. Odio: What I was told at that time, that the port option, which is the
one that I pursued, and the City pursued, was not an option.
Commissioner Dawkins: OK.
Mr. Odio: And one of the biggest reasons was given to me, not only because of
the infrastructure in place; interruption of the port traffic; and also, the
channel, that they would have to come up with 45-foot drop-off, going about
100 foot deep to be able to cross the channel between Dodge Island and
Virginia Beach. That's the reasons which were given to us at the time, and
that option was discarded then.
Commissioner Dawkins: OK. Then the City of Miami then, by saying that they
don't - that they're let off the hook for the port route, they automatically
OK'd the Northwest 8th Street route?
Mr. Clemente: Just for the record...
Commissioner Dawkins: Wait a minute, wait a minute. I'm talking to my
Manager now, please.
Mr. Clemente: I'm sorry, I apologize.
Commissioner Dawkins: Mr. Clemente, it's all right.
Mr. Odio: When the plans were proposed by WASA, knowing that it would cost
more to go around and...
Commissioner Dawkins: Around where, now?
Mr. Odio: By going in straight lines, instead of cutting across the City.
Tony, do you have that map of what it would do? If you had to come straight
down from 4th Street, the pump station through 15th Road, the damage to the
City streets would have been incredible. So the best...
43 July 22, 1993
Commissioner Dawkins: OK. But why, why wouldn't we go...
Commissioner Alonso: The plan now goes through 15th Road.
Commissioner Dawkins: Why wouldn't we go the port route?
Mr. Odio: Well, they - there was a meeting yesterday, as a matter of fact, at
the port. We tried one more time to explain, and maybe you can address in
details what was said yesterday, but...
Commissioner Dawkins: OK. Well, let me say what I have to say because I
don't - I'm - I - this has to be done, and I agree with the Chairman from the
County, it must be done expeditiously, but I, for one, do not intend to vote
to come down Southwest 8th Street, when you could drop a line perpendicular
from that number 2 pumping station, down to where you got the temporary line,
and drop that temporary line, and make it a permanent line, and come down
through there. If you can get a permit for that temporary line, which is "F,"
you can certainly get a permit for a permanent line.
Mr. Clemente: Well, may I respond?
Commissioner Dawkins: Yes, sir. Go right ahead, sir, please.
Mr. Clemente: Two points. First of all, the good news is that based on the
City of Miami approvals, we did install the line across 8th Street already, so
to avoid...
Commissioner Dawkins: Northwest 8th Street.
Mr. Clemente: South - I'm sorry, southwest.
Commissioner Dawkins: No, northwest. I'm talking about Northwest 8th Street.
Mr. Clemente: OK. All right. I just want to - I misunderstood you, but I
just want to clarify that we did install the line across 8th Street already,
to avoid coming back and tearing that up a second time. As far as the - this
route, I do not believe that you could get a permit to put in a permanent
line, because a permanent line would cause permanent destruction of the sea
grasses through that area, whereas a temporary line, the sea grasses may grow
back after you remove the temporary line. The temporary line is laid on top
of the ground, and therefore - versus digging a trench and putting a permanent
line in, and that's - that's - that's why in one case, it may be allowable to
put in a temporary line, versus we don't think that it can be. That's a -
that's a shorter and more economic route, but the reason we're - we got pushed
this far south was because of the fact of trying to minimize the impact to
Biscayne Bay.
Commissioner Dawkins: OK. Well, from "D" to "F," I have no problems, OK?
Mr. Clemente: Right.
Commissioner Dawkins: I don't have no problems from "D" to "F," OK?
44 July 22, 1993
Mr. Clemente: Right.
Commissioner Dawkins: I have a problem from 2nd Street pumping station right
there.
Mr. Clemente: Right here?
Commissioner Dawkins: Coming all the way over to "A," "B," and "C." I got a
serious problem with that.
Mr. Clemente: I'll tell you...
Commissioner Dawkins: And that's just me, Mr. Clemente.
Mr. Clemente: Commissioner Dawkins, I want to assure you something, sir. I
got a concern about this right now, too, and I'm - we're going to sit down.
I'll sit down with your Public Works Director, your County Manager - City
Manager, and we'll review this. I think we have an opportunity to make
changes and I want to assure you that if it's an alternative route that you
all support, and we can complete that route within the time frame that we
agreed to in the court, we'll change this route. I have no problem trying
to - I think it's very feasible - I think we have an opportunity to change
this line from here to here, and we'll - we'll sit down and do - start working
on that tomorrow.
Commissioner Dawkins: Well, that's just me though. See, that's - there are
four other Commissioners up here.
Commissioner Alonso: Tony, for the record...
Mr. Clemente: Well, you're very important, Commissioner.
Commissioner Alonso: For the record, so the citizens understand how extensive
this trench work and digging up of our streets is, I'd like to read the extent
of this project. It will cut through Biscayne Boulevard in front of Bayside
Marketplace. It will run west on Northwest 8th Street alongside the Miami
Arena and the Overtown Park West Development; down through the most depressed
areas of Overtown; continue to Lumus Park; run south, down 6th Avenue from the
Miami River to Southwest 11th Street; also through Little Havana, through
Flagler Street, Southwest 1st Street through Southwest 8th Street; then across
the Roads section of our City, down to Southwest 15th Road; across South
Miami Avenue and across Brickell Avenue, into Biscayne Bay. And then, it will
go, of course, Biscayne Bay to Virginia Key, where it will go to the plant. I
think it's such an extensive plan that I think we might as well go out to
lunch and come back two years from now.
Mayor Suarez: One question, following up on the Commissioner's concerns. You
mentioned Southwest 8th Street as already having a prelaid pipe. What about
Flagler and Southwest 1st Street, she just alluded to, which are also
important thoroughfares? What is the kind of disruption that we can envision
to get those connections in place, if we approve that plan?
Mr. Clemente: Let me ask - Mr. Rodriguez has the answer to that.
45 July 22, 1993
r::4fi5fi,� {l• ��
Mr. Rodriguez: Mayor Suarez, the - we plan to cross the 4th Street pump
station, cross the river, go through the - the route in yellow here, OK?
Mayor Suarez: Right. But I'm thinking, when you cross - I see when you cross
Southwest 8th, Southwest 1st and Flagler are not marked, but...
Commissioner Plummer: It would be under the bridge.
Mayor Suarez: ... Commissioner Alonso referred to them. And you would be
crossing them, obviously. What is the typical disruption for that, if you
don't already have prelaid pipe, which apparently, you do for Southwest 8th
Street, you said?
Commissioner Plummer: Aren't they under the bridge?
Mr. Rodriguez: We did it for Southwest 8th Street. We did it - we bypassed
traffic, took us three days to do that work.
Commissioner Plummer: Don't they go under the bridge at Flagler Street and
1st Street?
Commissioner Alonso: Look what they have done to the merchants of 8th Street.
Mr. Rodriguez: We will - we will cut...
Commissioner Plummer: Don't they go under the bridge?
Mayor Suarez: Is there an overpass at that point? That's what the
Commissioner is saying, on 6th Avenue. No, it's a little bit west of the
overpass, I think.
Mr. Rodriguez: We will - wait a minute.
Commissioner Plummer: Sixth Avenue 1s where it is? I thought it was 4th
Avenue.
Mr. Odio: On 6th, it's - no, no, it's 6th Avenue. It comes from...
Mayor Suarez: Yeah, 6th Avenue.
Mr. Rodriguez: Sixth Avenue.
Mayor Suarez: So you have to dig there?
Mr. Rodriguez: Yes.
Commissioner Plummer: That's Robert's Drugs.
Mayor Suarez: How long a disruption do you expect?
Mr. Rodriguez: It would be the equivalent of crossing 8th Street, Mayor.
Mayor Suarez: But ...
46 July 22, 1993
y{-ii.�fS
dM^ Ilii
Mr. Rodriguez: In three days.
Mayor Suarez: ... give me an idea of what our citizens...
Mr. Rodriguez: The Flagler - the Flagler crossing, as the 8th Street crossing
would be less than a week; three days.
Mayor Suarez: OK. Because the situation on Southwest 8th Street, as you
know...
Commissioner Alonso: I don't think we live in the same City, because what
happened in 8th Street didn't take that length of time. I - somehow, with all
due respect to you, I don't think we are talking about the same work, the same
part of the world, because what has happened to 8th Street gives me an
indication what's going to happen to the Roads area, Brickell Avenue, Flagler,
1st Street, and the rest, and I'm very concerned, because it - where are the
citizens of Miami - and the citizens of Dade County travel through our
streets. How in the world are they going to be going through?
Mayor Suarez: That's the thing. Mr. Chairman, we are traumatized in thinking
about these crossings by what's happening on Southwest 8th Street. We tried
to stop it, we tried to convince DOT (Department of Transportation) not to do
it. It's not particularly a County thing, but as the Commissioner is
indicating, you have disruption that has gone on for months and months, even
after all the pressure was put on. So, you know, that's the concern. If, in
the future...
Mr. Clemente: There's two projects. You...
Chairman Teele: Mr. Mayor, Mr. Mayor...
Mayor Suarez: If I may just get one little point across here for future
reference, Commissioner and Chairman. If, in the future, when we have some of
these improvements that DOT wants to do in our community, if we could convince
DOT that maybe they're not needed, that maybe they're not improvements at all,
and the disruption that they cause is greater than the improvement that will
ultimately result, that would be a great thing, because they're totally deaf
to our complaints about that.
Commissioner Alonso: I know.
Mayor Suarez: Now, this is just a transversal crossing, so presumably, it's a
lot quicker, but...
Mr. Clemente: It took three days, right.
Mayor Suarez: OK. Can we hold you to the three days?
Mr. Clemente: Less than a week. You can hold us to less than a week.
Commissioner Alonso: OK. Can we - if we say three days, then we hold you
responsible for a penalty, daily penalties.
Mayor Suarez: How about that? Can we just build in penalties...
47 July 22, 1993
Commissioner Alonso: Daily penalties.
Mayor Suarez: ... for anything over three days?
Commissioner Alonso: If it's anything in excess of three days.
Chairman Teele: Absolutely, absolutely.
Commissioner Dawkins: They're saying we can hold them, but now nobody's
guaranteeing payment.
Chairman Teele: And the Director - if the Director said three days, then...
Mr. Clemente: I said less than a week.
Mayor Suarez: The Chairman says absolutely, and I - I just believe when that
man says something.
Mr. Clemente: The Deputy - the Deputy Director said three days. The
Director...
Chairman Teele: Did you say less than a week?
Mr. Clemente: The Deputy Director said three days. The Director said less
than a week.
Commissioner Alonso: Yes, but, you know, the problem is, my experience as a
Commissioner, in the short time I've been in office, is that we say something,
and then from there to the world of reality, it's quite a distance. I want to
be sure that if we say three days, it's written so clear that we say we are
going to be given excessive amount of dollars. I'm going to be talking about
tremendous amount of penalty, so people understand that we are very serious.
Mayor Suarez: And so you create the incentive for them to work 24 hours a
day, nighttime, daytime...
Commissioner Alonso: Whatever it takes. But we...
Mayor Suarez: ...whatever, so you don't disrupt the traffic in our
neighborhoods.
Commissioner Alonso: Mr. Mayor, can you imagine the City of Miami, bridges
are going to be under construction, 27th Avenue, in addition to what we are
talking here?
Mayor Suarez: Not if I can...
Commissioner Alonso: Twenty-seven...
Mayor Suarez: Not if I can help 27th Avenue. We could still...
Commissioner Alonso: Well, you'll try, and you see what's happening to us.
27th Avenue, and then what we have in 8th Street on top of this? How much can
48 July 22, 1993
the citizens of Miami - and actually, the people that work downtown - can
take? I don't know, this seems to me that this is excessive, when they can go
through the port, when they have other alternatives. It's easier to come
through the City of Miami.
Mayor Suarez: Mr. Chairman, anything you can do to assure us on that score
would really go a long ways to getting the approval here.
Chairman Teele: Well, I think...
Mayor Suarez: I think the Commissioner made three points in her memo, and
that's number two, I believe.
Chairman Teele: I think Commissioner Alonso's point is a valid one, and, Mr.
Mayor, you sitting on the MPO (Metropolitan Planning Organization), know the
kind of back and forth that the County and you, representing the Cities, have
been having with the State, regarding how they come in and do the construction
without coordinating. And I've been very critical of that. Let•me commit two
things. First, the County will accept a penalty clause beyond a week, for any
disruption beyond a week. And secondly, during the period of the
construction - and I've not conferred with the Manager on this, although I've
conferred with the Director - if the City would like to outstation a Public
Works or a Transportation coordinator for this entire project, we will make
office space available within WASH, and we'll absorb that cost for the
coordination, because I think what we're really talking about is, how do we
really get down to effectuating these great platitudes that we all have as we
start out. How does it really work? The way it works is, we've got to have a
person who can speak for the City Manager and the Commission on the ground to
work with us so that we can stage these projects to minimize the disruption.
Commissioner Plummer: Yes, but God 1s busy. God's the only one I know around
here who could talk for the Manager, the Commission and the staff.
Commissioner Alonso: Also, just in case, Mr. Chairman, just in case I'm in
the losing side and this goes through, I'd like to request that a lifelong
reduced rate be given to people in fixed income - water rates - so these
people will pay less for the water bill.
Commissioner Plummer: I'm on a fixed income.
Mayor Suarez: Has any consideration been given to maintaining rates for
people over a certain age?
Commissioner Plummer: Unfortunately...
Commissioner Alonso: No. We are asking that it's done.
Chairman Teele: Well, the Manager, and the Director, and Commissioner Moss
have been exploring this. The County would have no objections, based upon the
unanimous vote that we're hoping to get here, to working, and we would be
willing to establish a life - a lifeline rate or...
Mayor Suarez: That's the term, lifeline. I forgot.
49 July 22, 1993
Chairman Teele: A lifeline rate for people that are over a certain age, or in
a certain socioeconomic bracket, based upon...
Commissioner Alonso: Mr. Chairman, that's too general. We have to be more
specific and...
Chairman Teele: Well, I think - I don't think we can formulate that now, but
I think if - if the - 1f the City would designate a person to work with the
WASA Director, we could come back to you within 60 days with an outline of a
proposal, and report back to you within 60 days on what it is we would be
proposing.
Commissioner Plummer: Cost shifting.
Commissioner Alonso: We hold - to coincide with the permits?
Chairman Teele: Ma'am?
Commissioner Alonso: Do we hold the approval of this Commission to coincide
with that approval?
Chairman Teele: I would hope that you would know of my...
Commissioner Alonso: You don't have the permits.
Chairman Teele: ... reputation for veracity and follow through that you
would...
Mayor Suarez: Trustworthy, loyal, all the rest of the stuff that's in the Boy
Scouts, yeah.
Chairman Teele: ... you would - you would let us work with you so that we
could come up with something that would meet - because let me tell you, those
kinds of programs have to have a rational basis, because they would be subject
to challenge if they're done without a proper legal framework and a process by
which it could be established through a public hearing, because basically,
anybody is going to say it's a violation of their equal rights, if it's not
done properly to...
Commissioner Alonso: We have, in taxation, we give credit to people over 65,
and we have certain exceptions, and they are very acceptable.
Chairman Teele: And it has a - it has to have a rational basis.
Commissioner Alonso: OK, of course. Of course.
Chairman Teele: We'd like to get the lawyers involved, and if you - if the
City would designate one person for Mr. Clemente to work with on establishing
a lifeline rate process, we'll be happy to report back within 60 days on that.
Commissioners, we really think that it's important to - to move forward. The
issues that have been raised are all valid, but the fact of the matter is, I
wasn't on the City Commission or County Commission in 187, and neither were a
few of you not here. We really have to take government as we find it. We
take our chairs as we find it. We've come this far. We have an agreement
50 July 22, 1993
with the Justice Department, we have an agreement with the State EPA, and with
our own DERM. We have - we're at the final stages of the permit. We have one
permit challenge by a person or an entity that is - that we're trying to
identify that person or that entity, but there are some real questions around
that. It's a two -paragraph objection.
Mr. Clemente: Two -sentence.
Chairman Teele: Say again?
Mr. Clemente: Two -sentence.
Chairman Teele: Two -sentence objection, and we think that the permitting
process is well behind us. Any delay at this point puts us all in jeopardy of
facing the issues that we really don't want to deal with, because we've tried
to deal with this proactively. The building industry and the chamber have
some perspectives that they'd like in, because they're concerned about the -
the potential for moratoriums. We've tried - I don't think that word has even
been brought up until I just said it, but the fact of the matter is that we're
trying to do this on a fast track basis, because it's the right thing to do.
Obviously, there are penalties that we all face as a community, based upon the
Justice Department's involvement, if we're not able to work through all of the
process. The County Commission has preempted everything and put this on a
fast track. We've taken it out of turn, ahead of schedule on everything, as
this Commission has done, and we would certainly urge that the City Commission
send a strong signal that we're in support of keeping this building and
keeping the economic fiber of this community moving forward by showing the
Federal agencies that are monitoring this proceeding, as well as our
proceedings, relating to this particular court action, with a strong,
hopefully unanimous support, for an action to move forward with the easement,
subject to the condition of seven days on that crossing, with fines to be
determined by your Manager, and let us move forward. Thank you very much for
the opportunity to appear before you, and we stand ready to come back on any
of the issues that you may require. And let me also say this. This
Commission, I think, was very supportive, and several Commissioners
individually were very supportive, and I should have said this in my opening
remarks. We're very grateful that we are moving this community forward with
the Performing Arts Center, which again is going to be in downtown Miami. We
think it's going to do a lot to make Miami a world class community. We
obviously cannot afford to have the infrastructure lagging to support this
type of activity. Thank you all very much.
Commissioner Plummer: Before you run off, let me get to the other issue and
get you on the record. On the gas tax distribution, the City of Miami will
receive no less than what they presently receive of 26 percent, and if the
bond issue passes, we will get 33 percent?
Chairman Teele: That's correct, Mr. ...
Commissioner Plummer: Whether we support it or we don't, if it passes...
Chairman Teele: We are not expecting. I've been very hopeful that the City
will support the bond referendum, and one of the things we're going to do,
we're going to come over here and negotiate with you items that you would like
51 July 22, 1993
to see in that we can logically support, as a part of that. But whether it
passes or fails...
Commissioner Plummer: We get 26.
Chairman Teele: You're going to get the 26 percent.
Commissioner Plummer: And whether we support it or we don't, if it passes, we
get 33?
Chairman Teele: That's correct.
Commissioner Plummer: OK. Because, see, that's not the way I got it. The
way I got was...
Chairman Teele: That's my understanding of it.
Commissioner Plummer: ... if you don't support it...
Commissioner Alonso: Mm-hmm.
Commissioner Plummer: ... you don't get it.
Chairman Teele: No.
Commissioner Plummer: OK. So I just want it on the record.
Chairman Teele: I thought there was a roil -down from - currently, you're
getting ten percent. No.
Commissioner Plummer: See, that's what I want on the record.
Chairman Teele: Only - of the existing, of the existing gas tax, you're
getting 26 percent?
Mr. Odio: It has to go down, and that's when we negotiated to stay where we
are. If the bond passes, then we go up.
Chairman Teele: You go up to 30...
Mr. Odio: Thirty-three.
Commissioner Plummer: Thirty-three.
Chairman Teele: Thirty -some percent. Yes.
Commissioner Plummer: OK. But you understand it that way?
Chairman Teele: Yes, sir, I do.
Commissioner Plummer: OK. That's all I need.
Mayor Suarez: Very good. Anything further on your presentation? Anything
further from the Commission?
52 July 22, 1993
Commissioner Alonso: Yes.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: Yes. I need to know, number one, time frame for this
work.
Mr. Clemente: In the handout we handed you, the time frame for the work
within the mainland portion of the City of Miami, we estimate to be less than
one year. For the entire project, we estimate it to be less than two years.
Commissioner Alonso: Tony, the project is divided, and bids are going to be
awarded to different contractors, and it's going to be divided at different
times, so I need something more specific than that.
Mr. Clemente: You have that. Let me show you. I have a chart, which I
handed out to you.
Commissioner Alonso: This paper you just gave us?
Mr. Clemente: Wel1, Commissioner, I believe I gave that - I gave it to the
full Commission just now. Also, I gave it to you at the meeting we had...
Commissioner Plummer: Here.
Commissioner Alonso: this?
Mr. Clemente: ... last week. Yes - no, no, I'm sorry. It looks like this.
It's a bar chart.
Commissioner Plummer: Miriam, here.
Commissioner Alonso: Oh.
Commissioner Plummer: That's because it's not mine. Here it is.
Commissioner Alonso: OK.
Mr. Clemente: And what this chart indicates, this is the segments that are on
the mainland portion of the City of Miami till you reach the bay, which is
your primary concern. You can see that it has the time frame for the
construction of each segment, and then the milestone I have in the lower
right-hand corner is basically the first time the ground is broken, and when
the last...
Commissioner Alonso: This is not very clear to me, so be more specific. Tell
me the areas and the time frame, because I want to be sure how long it's going
to take. Is it going to be done at the same time? Is it going to be done in
different facets? I need to know. This is too important for the City of
Miami and the future of Miami. This is going to create so much disruption.
And also, I think it's important for the citizens of Dade County, the time
frame and the guarantee, because it's too risky for all of us, if some of
these pipes burst, and we really don't have guarantee at the present time.
53 July 22, 1993
Mr. Clemente: OK. Well, we're working on the - again, we're evaluating the -
whether or not we need to put a temporary pipe in to provide - if that has a
probability of occurring, to try to eliminate that possibility. But let me
answer your first question directly. As I indicated to you, Segment A, which
is shown on the map, the - as she's showing you Segment A...
Commissioner Alonso: In front of the Miami Arena.
Mr. Clemente: No, that's not Segment A.
Commissioner Alonso: "A" goes from where to where?
Mr. Clemente: The - you're not approving Segment A. You're not approving the
segment in front of the City of - Miami Arena right now.
Commissioner Alonso: Well, you have it in your plan.
Mr. Clemente: OK. Well, do you want me to do that first?
Commissioner Alonso: No, no. I'd like to know the entire work. I want to
know from the area of Overtown...
Mr. Clemente: All right, let...
Commissioner Alonso: ... and Miami Arena...
Mr. Clemente: All right, let me...
Commissioner Alonso: All of the sections of Miami.
Mr. Clemente: All right. Let me start with Segment A.
Commissioner Alonso: OK.
Mr. Clemente: Of the line that - that...
Commissioner Alonso: And when you make reference to that, I'd like on the
record to appear, when you say "A," I'd like you to say from what area to what
area. It's important for our records to know.
Mr. Clemente: OK. I'm going to need some help, so I'm going to have
George... All right. Segment A, which we refer to as the Miami River
Crossing, we estimate 150 days. And George, can you define Segment A, please?
Say it on the air. Thank you.
Mr. Rodriguez: Segment A is from the 9th Street pump station along Northwest
8th Street, down to about 4th Avenue, and connecting to the 4th Street pump
station.
Mr. Clemente: We estimate 150 days for that segment.
Commissioner Alonso: OK.
54 July ??, 1993
Mr. Clemente: It's on the chart we handed out.
Mr. Rodriguez: Segment B is from the - from the 4th Street pump station to
Northwest 2nd Street crossing the river. The next segment is from Northwest
2nd Street...
Commissioner Alonso: And the length of this work?
Mr. Rodriguez: Tony?
Mr. Clemente: You're doing Segment A and showing the map? You're not doing
the - coming south, right? Well, we got... Let me let Mr. Brant, who made
the chart up, explain the segments. Bill Brant is the Deputy Director for the
Waste Water side, and as you know, he used to be with the County, in
Environmental Resources Management as Deputy Director of that department. He
went to work with Post, Buckley and was Senior Vice President, and
fortunately, he's come back and he'll be working with us to make sure these
things happen. He's basically outlined this chart, so I'm going to ask him to
make a presentation.
Mr. Bill Brant: Commissioner, Segment A is the first segment leading from the
4th Street pump station and proceeding underneath the Miami River, and that's
pretty much the extent of that segment. Segment B is this vertical piece
here, going down 6th Avenue, down Southwest 6th Avenue, from just on the other
side of the Miami River, down to Southwest 11th Street.
Commissioner Dawkins: Length of time it'll take to complete it?
Mr. Clemente: That's two hundred and forty days?
Mr. Brant: Two hundred and forty days, correct.
Commissioner Dawkins: Two hundred and forty days, Commissioner.
Commissioner Alonso: OK.
Commissioner Plummer: What I need to know - because I can just see - I can
hear Father Hadad at Saint Jude Church coming at me right now. On that
Section C, let's use that one.
Mr. Clemente: Right.
Commissioner Plummer: How many days are you talking about that the Brickell
• area is going to be tied up? And...
Mr. Clemente: That's the entire segment.
Mr. Brant: Segment B. That...
Mr. Clemente: Yeah, that's the entire - that's not just for that particular
location he wants to know.
Mr. Brant: And Segment C picks up from that location and brings it over to
the area that you're talking about near Brickell.
55 July 22, 1993
Commissioner Plummer: To the edge of the water?
Mr. Brant: Where?
Commissioner Plummer: How long are you talking about there?
Mr. Brant: All the way to the edge of the water?
Commissioner A1onso: Yes.
Commissioner Plummer: Yeah.
Mr. Clemente: Better than ten days for Segment C.
Commissioner Plummer: Now, a given address - let's use Saint Jude Church, OK?
Mr. Clemente: I know the place.
Commissioner Plummer: That's on the corner of 15th Road and Brickell Avenue.
How many days are they to be expected that they're not going to be able to go
there - what?
(INAUDIBLE COMMENT)
Commissioner Plummer: Saint Jude, yes. How many days are they going to have
to expect that that street is going to be ripped up and they can't get into
their church?
Mr. Brant: Well, one of the requirements, of course, is that they do have
access to their property at all times. We're not going to block off anybody
from access to their property. But the pipe installation progresses at the
rate of about two or three lengths a day, which is - turns it into about 40,
50, 60 feet per day. So what they would do is open up a trench - open up
enough trench to install a pipe, and then backfill and move on to the next
lengths. So there - it's not like there will be a long, continuous open
trench. That's not the way it would work. It would proceed in segments.
Commissioner Plummer: But I mean, is it reasonable for them to assume that
ten days, that you'll be out of their front door?
Mr. Brant: Correct.
Commissioner Plummer: OK. I just - because they're going to ask me, and I
want to know what to tell them.
Mr. Clemente: And again, there are - there are - we would - our goal is to
assure that no one is not accessed, to try to minimize dust, to rebuild the
street, we'll have a new street, you know, and in any way we can enhance the
landscaping along that route, that's going to be part of our restoration plan.
Vice Mayor De Yurre: Let me ask you something. As far as the actual physical
implementation of putting the pipes in, do they have to follow in sequential
order? Does it have to follow a straight line?
56 July 22, 1993
Mr. Clemente: No.
Vice Mayor De Yurre: Or an you be working at one end, and then you tie it up
to the other end?
Mr. Clemente: It's a ladder. You're right. The projects are being bid in
different segments, and the construction is occurring concurrently, and that's
one of the reasons why the entire project will take less than a year in the
mainland portion of the City of Miami.
Vice Mayor De Yurre: OK. Now, you're saying that Segment A, which is the one
that runs around the arena...
Mr. Clemente: No.
Vice Mayor De Yurre: Which one is "A"?
Mr. Clemente: OK. "A" is the one that...
Commissioner Plummer: The west side of the river.
Mr. Brant: Right here, and it goes from the 4th street pump station, right at
the intersection of 4th Street and the Miami River is a major pump station,
and "A" is the segment that actually moves south and goes underneath the river
I in that location.
Vice Mayor De Yurre: OK. What is...
Mr. Clemente: Let's talk about - let's talk - let me give you the same
information on the one that goes - that's currently looking at that's going
past the arena.
Vice Mayor De Yurre: Yeah, well, does that have a letter?
Mr. Clemente: No, it doesn't have a letter now...
Vice Mayor De Yurre: Oh.
Mr. Clemente: ... because it wasn't part of the main pipeline, but let's -
we'll give it a letter, "G," comes after "F."
Vice Mayor De Yurre: Right.
Mr. Clemente: What's the estimated time of completion for that?
Mr. Brant: That will start December 1st this year, and finish June 1st next
year.
Vice Mayor De Yurre: OK. Now, you see, I have a problem with that, and
that's the point that I was trying to make. December 1st to June, that is the
heart of the season. Hockey, basketball being played every day at the arena,
and if you're talking about a six-month period in an 18-month span, then maybe
you can make changes as to when, you know, during the off season, which is
right now, that the arena is practically dead, as far as events...
57 July 22, 1993
Mr. Clemente: All right.
Vice Mayor De Yurre: ... then you can do it during that time.
Mr. Clemente: We're going to - we're going - Commissioner, I assure you of
two things. We're going to prepare an evaluation, and we'll sit down with
each and every one of you that wants to review it, to do two things. Number
one is, look at whether or not there's an alternative route to get from those
two pump stations, other than the one that we're currently looking at.
Vice Mayor De Yurre: Mm-hmm.
Mr. Clemente: And number two is that the construction schedule is one that
can be in compliance with the Federal agreement, and provide a minimum of
disruption, as far as interfering with those dates.
Vice Mayor De Yurre: OK. Because, I mean, whoever picked December 1st as a
start date obviously had no idea that the arena was there, and what happens at
the arena.
Mr. Clemente: Where we're at now, we're going to revisit those, the start
date and the completion date, and we're going to revisit the route, and we'll
come back at the September meeting...
Vice Mayor De Yurre: And in the same vein, let me add that, you know, for
example, main arteries, when you're crossing like Flagler - you've already
done 8th Street - but areas that there's commerce in the immediate area, the
month of December is the highest month, as far as sales are concerned, so that
we keep in mind how we can work with the neighborhoods and the different
businesses in the area to make it the least troublesome as possible.
Mr. Clemente: We are - part of our contract, we are engaging people that deal
with community relations to provide a form and a format for those people, to
make sure that we're aware of their concerns and we're addressing those
concerns.
Commissioner Plummer: Can I ask a question of the Chairman, please? Mr.
Teele, I brought up at the last Commission meeting, and this is related, but
not directly, and I understand that you have more authority in this area than
we do. I beg of the County Commission to consider what Broward County does in
reference to bridges opening and closing. In Broward County, they are only
opened on the 30 minute and the 60 minute, for a five-minute period. With the
Brickell Bridge closing, and other bridges being worked on around here, if we
go like we are today, where bridges are being opened and closed every five
minutes, inconveniencing literally thousands of people for two people on a
boat, we're going to be in more serious trouble than we think. You have that
authority. Broward County did it. It has worked in Broward County excellent.
I beg of you, sir, to consider it in Dade County, especially now that we will
be having the Brickell Bridge closed.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, let me just
interrupt. That's totally incorrect, and I sent you a memo detailing for you
the whole process, who has regulatory authority on the closing of the bridge.
58 July 22, 1993
Commissioner Plummer: Do we?
Mr. Jones: No, we don't.
Commissioner Plummer: Who does?
Mr. Jones: In terms of the Miami River, my recollection is that's done by the
Coast Guard. They set the times for opening and closing.
Commissioner Plummer: Who did it in Broward?
Chairman Teele: It's a navigable waterway.
Commissioner Plummer: Who did it in Broward County?
Mr. Jones: Well, I don't know. If you're talking about the intercoastal
waterway...
Commissioner Plummer: Right over the intercoastal waterway, at Pier 66.
Mr. Jones: I don't know about that, but the County doesn't have - they don't
have jurisdiction over that.
Chairman Teele: Commissioner Plummer, we will look at the issue with the
State DOT and the Coast Guard...
Commissioner Plummer: MacArthur Causeway...
Chairman Teele: ... and we'll get back - we'll get you a report back...
Commissioner Plummer: Arthur, MacArthur Causeway opens every five minutes,
and, of course, the Venetian opens every three minutes, because it's lower.
And I'll tell you something. Traffic is backed up for miles.
Vice Mayor De Yurre: I think that's totally incorrect.
Commissioner Plummer: Why? Who said it was totally incorrect?
Mayor Suarez: No one.
Commissioner Plummer: Oh.
Commissioner Dawkins: No one.
Mayor Suarez: No one. You misheard.
Commissioner Dawkins: No one, sir. No one, nobody.
Mayor Suarez: No one...
Commissioner Dawkins: No one, nobody.
Mayor Suarez: ... would dare say that. Anything further from the Commission?
59 July 22, 1993
P,A
Commissioner Alonso: Well...
Mayor Suarez: One comment the Commissioner made, if I may pick up on 1t here,
item 1 of the last three that she outlines in her memo, I think, of today's
date, which sets the all time record for number of pages in a memo of this
technical content, deals with the whole issue of an environmental disaster as
the...
Commissioner Alonso: That's my most serious concern, Mr. Mayor.
Mayor Suarez: ... as this process is being - is ongoing. And I read the John
Dorschner article, which I thought was very well written, and I got the
impression that there 1s some limitations to the human willingness to go into
some of these existing pipes and determine where gases are somehow forming and
ready to cause a rupture of some sort. Is that really a fair statement? Are
people - would you - there's no other way to try ascertain that a rupture may
happen, other than sending someone into one of these - what is it, 120-inch
pipes?
Mr. Clemente: Right.
Mayor Suarez: That presumably is not a very pleasant experience.
Mr. Clemente: Commissioner, we feel there is another way. We feel that -
we've hired a contractor - that using a sonar device, and we're looking at
utilizing a fiber optics cable to send a sonar device through the pipe. And
as you know, when sonar hits a beam, it bounces back, and by doing that and
taking those measurements of how long it takes to get back, they feel they can
determine the inside diameter of that pipe, and then you compare that with the
original specifications, and we can determine basically, then, 1s this - are
we talking about a pipe that's a shallow pipe, or are we talking about the
fact that we still have six or eight inches of steel in that pipe - I'm
sorry - concrete or steel in that pipe. The fact is, then, it's not totally
conclusive. We still feel that we need to proceed in an expedited manner to
replace it but we're going to have a...
Mayor Suarez: But in the meantime, we all get embarrassed every time that's
there's any kind of a rupture or...
Mr. Clemente: We'll have that information...
Mayor Suarez: ... spill or anything else, and, you know, it's being made,
and...
Mr. Clemente: We feel...
Mayor Suarez: ... unfortunately, by the media, to sound like somehow, instead
of continuing the progress of cleaning up the river and the bay, as if it was
somehow going in the opposite direction, which is entirely wrong technically,
but you can't convince them of that, because you have, you know, ten or 15
million gallons spilled into the bay, which as long as it's the bay, not the
river, you know, nature takes care of it right quickly. But the media doesn't
reflect that. It makes it sound like we have this awful situation there
and...
60 July 22, 1993
Mr. Clemente: No. Again, we've made a commitment to Commissioner Alonso that
we will explore that test, and if that test indicates to us that we definitely
have a situation where the entire pipe is subject to failure, that we would
recommend that we install a temporary pipe until such time that the permanent
solution is 1n place.
Mayor Suarez: The sleeving concept that Commissioner Dawkins mentioned a few
months ago here is not an alternative temporary measure? I mean, that
doesn't - the idea of putting a sleeve inside the pipe, that doesn't...
Mr. Clemente: No, sir. We feel...
Mayor Suarez: Not feasible.
Mr. Clemente: We feel that's an opportunity, perhaps, to come back and have a
backup pipe if we decide to keep the plant on Virginia Key, but we do not feel
It provides a solution because we do not have an adequately sized pipe to
avoid the... to handle the peak flows, switch overflows, nor to assure the
City of Miami there won't be restrictions...
Mayor Suarez: I have to accept your technical answer, and I just want to put
on the record a question.
Commissioner Alonso: Yeah, but Tony, isn't it true that in the future, we
will have to do exactly what Commissioner Dawkins proposed at that time? And
the Mayor is making reference, because the taxpayers are paying 40 percent
more, because of the water that is seeping through, and the plant is actually
processing 40 percent more, and it's water.
Mr. Clemente: Well...
Commissioner Alonso: And it's costing them 40 percent more.
Mr. Clemente: All right. Your facts are correct, but your conclusion is
wrong, because of the fact - and we're spending millions of dollars
eliminating the I/I (inflow and infiltration) infiltration into the program.
As a matter of fact, this is the first time last month the 12-month running
average decreased by a million gallons. In other words, you know, the flows
at that plant actually decreased. It was, I think, in part, because of the
I/I program. It was also in part because July of 1993 was a dry month,
compared to July of 1992. But we are proceeding to spend millions of dollars
to eliminate the ground water and rain water getting into that system, to try
to reduce that cost to the taxpayers.
Mayor Suarez: One other very important question to all of us, and I think
also reflected in the memorandum today as a high urgency issue. We've
addressed it partially, talking about the digging under Southwest 1st and
Flagler. The City of Miami has, I think, in my tenure here, done two projects
where we have really, really fast -tracked them. One was - the one that I
particularly liked the way it was done, which was the Coconut Grove Exhibition
Center - where we said, "We have to have something happening there on a
particular day," Mr. Chairman and Commissioner Moss. We said, "We're going to
do a sort of backwards chronology here, a backwards timetable from this event
61 July 22, 1993
that we need to have," as opposed to saying, "Generally, we want to do this in
18 months or 24 months." We said, "By that day, it has to be done, so let's
do the chronology coming up to the present from that particular event." We
did that. It was risky. We had to put in a million provisions in the various
agreements to guarantee that timetable, and ultimately, it worked. The other
time, I believe, it was the Range Pool, the Athalie Range Pool, which we did
the same thing. We wanted to inaugurate it on a particular day, and it
brought to mind the famous statement by the Mayor of Jerusalem when they were
building some kind of a fountain. He said - for an independence day, or some
celebration. He said, on that particular day, I intend to climb a platform 60
feet, or 30 feet or something, and jump into whatever It is you have built
there, and if you don't want me to fall - some people said that if the Mayor
did that here, they'd make sure that there would be nothing built so I could
be wiped out. But can we not...
Commissioner Plummer: There it goes. I got to give another free funeral.
Mayor Suarez: Can we not take that approach in this case of such incredible
importance, that we have the City and County cooperating and really have a
timetable of the kind. And with all due respect to Tony Clemente, and Mr.
Renfrow, and Jorge, and everyone, it just isn't done by the bureaucrats. It
has to be done by the legislators. It has to be done by the pollcymakers. We
are the ones that understand the constraints that the people put on us. They
always have, well, you know, you can only have eight hours in a day, you can
only have 16 hours in a day. Some days, they tell you you can only have 24
hours in a day. And the fact of the matter is, you can really, really get
things done a lot quicker. Sometimes, it means special sessions. Sometimes,
it means additional funding. I think this Commission, if it approves this,
would like this to be done quickly enough, because our tax base,
Commissioners, did not go up this year and did not go up last year. I think
yours lost five percent as your estimate. Ours lost something in that
vicinity, and that's the first time it happened in 21 years. If we don't
have - now that we have all this infrastructure in the City of Miami, and
growth management dictates that we build up the inner City - if we don't have
some growth, we're in trouble. We cannot absorb the additional services that
we have to provide from tourism and everything else, and we don't always get
the support of the legislature and the congress, but particularly, the State
legislature, in being able to impose certain fees to people who visit the City
of Miami. I don't know why, because it seems like a very logical thing to do,
but the legislators don't get that through their heads. So we have to rely on
our property tax base, which the last couple of years has gone down. So it's a
very scary situation for us not to have new construction. A typical year - I
think Commissioner Plummer was focusing on that figure recently - a typical
year for us is about $200,000,000 increase. I guess in the County, it must be
about eight or ten times that, in new construction; probably closer to
2,000,000,000 (two billion), in your case. For us, it's extremely important
for our budget, and anything that delays that is just critical and
catastrophic for us. So...
Chairman Teele: The answer to your question is "yes." We're going to use
both sides. We're going to have substantial penalties for delays, and we're
also going to have bonuses for early construction. We believe that bonuses
are a more effective way to get construction completed, realty, than
penalties, because what happens in penalties is it becomes a lawsuit, that
62 July 22, 1993
something happened. We have taken extraordinary steps to ensure that this
project is not delayed. We've already ordered the pipe, for example. The
pipe will be furnished by the County so that we're not - the contractors won't
have to do that. We've - you know, time didn't allow us, but we're taking the
advice that you've given us to heart. We will be providing for penalties, as
well as bonuses. But we believe bonuses will be far more effective in getting
the job completed ahead of schedule.
Mayor Suarez: Very good.
Commissioner Plummer: Tony, Tony, would you very quickly put on the record
the improvements that you're going to be making to the City property on
Rickenbacker?
Mr. Clemente: Yes, sir. We have agreed to what we estimate to be
approximately three quarters of a million dollars worth of improvements for
the City of Miami. In particular, the first improvement is that we're going
to pave an access road to the facility that goes across City of Miami property
that the City of Miami can utilize for access to their property. We're also
going to be taking responsibility for the renovation and construction of a new
sewer line and pump station that would serve the commercial area, the marinas
and restaurants on Virginia Key. This line would also then come to the sewer
plant, which it will provide the sewer capacity for any future needs for the
City of Miami on their beach front property; besides the fact that the overall
improvements assures the City of Miami that we should not have any more
overflows. There should not be any restrictions on development in the City of
Miami.
Commissioner Plummer: Let me understand. That all of this pipeline that
exists out of the water is underground?
Mr. Clemente: That's...
Commissioner Plummer: It will not block any properties, whatsoever, by being
above ground.
Mr. Clemente: That's correct.
Commissioner Plummer: Including the road in from Rickenbacker Causeway to the
plant itself, it's underground.
Mr. Clemente: That's correct.
Commissioner Plummer: OK. And that you did write into the agreement the
reverter clause, if for whatever reason you ever abandon this use, the
property reverts back and the liens revert back to the City of Miami.
Mr. Clemente: That's correct.
Commissioner Plummer: Free of charge.
Commissioner Alonso: Of course.
Mr. Clemente: Of course.
63 July 22, 1993
Commissioner Plummer: OK.
Commissioner Alonso: One more question. Well, actually, I have two or three
more questions, but one that is very important at this time, this work that's
going to be done will resolve the sewage situation in the City of Miami,
central area?
Mr. Clemente: This work, in conjunction with the other work.
Commissioner Alonso: What other work?
Mr. Clemente: Well, let me say, we currently have under construction
45,000,000 gallons of additional sewage treatment capacity. Twenty million
gallons is under construction at the North Dade central sewer plant.
25,000,000 gallons is under construction at the South Dade sewer plant. So at
the completion of the expansion of those sewer plants, with the completion of
additional transmission capacity for sewer lines going to those sewer plants,
then there should be no restrictions, not only in the City of Miami, but the
entire County. What we're doing is, we recognize that the potential to expand
at the Virginia Key sewer plant is limited, and we're concentrating on
expanding the sewer plants in North and South Dade, and associated with that,
the ability to move sewage from north to south, and central to north, and
central to south. So with the entire program of improvements, the consensus
of opinion from Water and Sewer, from Environmental Resources, from EPA, from
DEP, is that there should be - all the agreements we've entered into, all the
lawsuits will all disappear, and then hopefully again, not in our lifetime,
there should be any restrictions on development because of inadequate waste
and water treatment capacity.
Commissioner Alonso: Since the citizens of Miami have donated so much in the
past, don't you think that it's very convenient at this time that perhaps,
additional funding is provided to the City of Miami, so that we can invest in
a different neighborhoods for improvements that are needed? Don't you think
it's a very fair thing to say? We have given an easement, we have given so
much, and...
Mr. Clemente: Well, again, I think...
Commissioner Alonso: ... wouldn't you be in agreement with us that it will be
very appropriate at this particular time to discuss perhaps an additional
donation, maybe 1,000,000, so that we can use it in different neighborhoods as
this Commission decides, and for the improvement in the neighborhoods that are
going to be affected?
Mr. Clemente: Commissioner, I think, again...
Commissioner Alonso: Don't you think it's reasonable, Mr. Manager? Yes?
Mr. Clemente: The fact is, again, the entire system is almost a donated
system, either by the City, by private developers, by the fact of the Federal
funds...
64 July 22, 1993
y.'yrr5#
Commissioner Alonso: Nothing more than the City of Miami has donated, four
hundred million 20 years ago. Think of today's prices, and it's very high
price.
Mr. Clemente: Well, that's - that - Commissioner, with due respect, the
system that you donated it is - part of it - is the sewer line needs to be
replaced.
Commissioner Plummer: That's all.
Mr. Clemente: A lot of the system that you donated, the value is nothing, and
now we have to spend money to replace it. So - but...
Mr. Moss: Commissioner, if I could add, I don't think that either one of us
sitting here today can make that kind of a commitment, but certainly, it would
be something...
Commissioner Alonso: Yeah, but we can make it subject to the approval by the
County Commission of this $1,000,000 donation to the City of Miami for this
work. I think we have given so much. We are going to be disrupted in a very
serious way. I think those neighborhoods should really be given something in
return, and I think we should be providing services to those areas, and I
think it's a very fair statement. If you were to do this with the private
sector, you would be talking about millions.
Mr. Clemente: Commissioner, the previous resolution, the easement that you
approved, the prior one I referred to, the compensation was $10. But the fact
is that we recognize your concerns, and in this particular easement, rather
than giving you $10, we're giving you almost three quarters of a million
dollars worth of improvements, which is associated with the work. So I think
that we have...
Commissioner Alonso: If you were going to buy the land. Look how much it was
going to cost you.
Mr. Clemente: This 1s public property. This is public property.
Commissioner Alonso: That's exactly.
Mr. Clemente: And everybody owns this property.
Commissioner Alonso: And that public property has given so much. I think
it's only fair that we get some portion of it.
Mayor Suarez: The reimbursement is now set at what amount?
Mr. Clemente: Approximately three quarters of a million dollars worth of
improvements, versus $10 that normally...
Mayor Suarez: And those improvements take what character?
Mr. Clemente: I'm sorry?
Mayor Suarez: What kinds of improvements?
65 July 22, 1993
Mr. Clemente: They fall in two categories; the cost to pave a road that goes
through City property that the City then will utilize; the cost to put in a
new sewer line and a pump station to serve the commercial properties that you
have on Virginia Key where the restaurant and marinas are.
Vice Mayor De Yurre: Mr. Mayor, I just hope that the County Commission
doesn't get the idea that they'll give it back to us, and we have to come up
with the fifty or sixty million dollars to fix it.
Commissioner Plummer: Fix what?
Vice Mayor De Yurre: The whole plant. Take back the 400,000,000; take back
the whole thing. Now you got to fix it.
Commissioner Plummer: Well, Arthur was ready to get up and donate the
75,000,000 to redo the arena, right?
Commissioner Alonso: Ha -ha-ha.
Chairman Teele: Let me say, we're working with the City and its
instrumentalities on a number of projects. As you know, we're going to -
we're trying to get ourselves from an information point of view, to support
whatever efforts the City Commission of Miami takes regarding the Miami Arena,
and this is a good opportunity to reassert. The County has no role, nor do we
seek a role in the arena or the Exhibition Sports Authority. We are
Interested in working cooperatively with the City and the business community,
in ensuring that the Miami Heat not only stay in Dade County, but stay in
downtown Miami, and we're going to try to get ourselves in a...
Commissioner Dawkins: Wait. Now, you're losing me now. See, you're mixing
apples and oranges. You say they either stay in Dade County, but I want them
in Miami. So now, if they decide they don't want to stay in Miami, then you
support them moving out of Miami?
Chairman Teele: No, we don't.
Commissioner Dawkins: OK. Thank you. I just needed to clear that up.
Chairman Teele: No, we don't. But what...
Mayor Suarez: To the topic at hand, if you were getting ready to give us a
pledge of $75,000,000, I wouldn't want to stop you, but otherwise...
Commissioner Alonso: Go ahead, Mr. Chairman.
Mayor Suarez: ... I do want to put on the record, Mr. Chairman, that, of
course, we have from the Chamber of Commerce, Mr. Coords. That was mentioned
before. We have the Latin Builders represented, and I know South Florida
Builders - is that the correct name, Truly?
Commissioner Plummer: I tell you, if something isn't done, this will be a
nightmare.
66 July 22, 1993
Mayor Suarez: And rather than go into all of the testimony, which I presume
would be supportive and repetitive, et cetera, we can just note for the record
their support, and the fact that they've been here.
Commissioner Dawkins: OK. Well, I'd like to move it with the - with two
provisions. Number one is that it does come back to us individually, to look
at what has been changed, and when you come back to me to show me, show me how
that this work will be done by local companies, local contractors, local
laborers. I do not intend to vote for anything where somebody from Jessup,
Georgia, or Dalton, Alabama can come in here and lay pipe that people here in
Dade County can lay.
Mayor Suarez: I think the motion is to approve with the built-in condition
that local vendors and contractors be given preference. We have in the City
of Miami, a ten percent preference ordinance. I don't know what yours is, Mr.
Chairman.
Chairman Teele: We have a built-in preference, and let me say this.
Mayor Suarez: Is it quantified like that, like ours? I don't...
Chairman Teele: It is, by statute. I think it is a preference of one percent
built into - in effect, it's a discount of one percent. The problem that we
have, of course, is that the rate payers are going to pay - the tax - the
homeowners are going to pay for whatever, and we've tried very hard not to put
an extra burden on the rate payers, but the intent of Commissioner Dawkins'
motion is something that we...
Mayor Suarez: Can we be assured that all of the portions will be so designed
as to give the highest opportunity to local vendors and suppliers, and
contractors, instead of some huge bonding requirement or something that...
Chairman Teele: Vendor - vendor - well, this is - well, this is a...
Mayor Suarez: ... that squeezes them out.
Chairman Teele: No. This is the problem, Commissioner. On the one, on
suppliers, we cannot give you that assurance, because all of this material has
got to be - is primarily - there's not a pipe company in Dade County that
manufacturers this kind of pipe so...
Mayor Suarez: On contractors - I guess the Commission was really referring
to...
Chairman Teele: We're talking about the construction.
Mayor Suarez: ... the people that are going to be laying the pipe, and the
employees, laborers, supervisors...
Chairman Teele: The laborers - the laborers and the employers...
Mayor Suarez: ... contractors, subcontractors.
Chairman Teele: You absolutely will have a local preference built into that.
67 July 22, 1993
Mayor Suarez: OK.
Chairman Teele: We'll structure that. Not only will we structure it, we'll
monitor it. And we've been working to get more laborers, including organized
tabor on our jobs.
Mayor Suarez: OK. I deem that the motion to then include that and state it
in the fashion that was just stated - Mr. City Attorney, is that sufficiently
precise?
Mr. Jones: What you do, just have the resolution that you have before you,
pass it with the - with the provisos that have been stated.
Mayor Suarez: All right. Very good.
Mr. Jones: Those conditions.
Chairman Teele: But I do want to say one thing, because I don't want to get
apples and oranges...
Commissioner Dawkins: I'm going to say one thing, and then we'll be finished
with this, OK? If you and me - that's the City and the County - do not hire
local people, you don't have to worry about putting a burden on them to pay no
extra taxes, because they won't have no money and no job to pay it, sir.
That's all I got to say, sir.
Chairman Teele: That's right.
Mayor Suarez: And they won't reelect any of us.
Chairman Teele: But I just want to be clear on one thing. Bonds, we cannot -
on this, we not only are going to have bonds, but we're going to have -
because - because of the things that Commissioner Alonso and all of you have
been talking about, you want penalties, and that's one of the issues that I've
raised privately with the Commissioners. The more penalty clauses you put in,
the more burden you put on small companies and minority companies.
Commissioner Alonso: No. You complete the job on time.
Chairman Teele: Well, it's hard for them to get those bonds, and the bond is
a cost of doing business.
Mayor Suarez: Al right. But you've said that you're going to make some
other incentives with bonuses, as opposed to penalties.
Commissioner Dawkins: All right. We can create a bonding company.
Commissioner Alonso: You see, Mr. Chairman, the point that I was trying to
make with the penalties is that we need to know exactly the length of the job.
I am in the construction business. I know that you don't sign contracts
unless you know that you're going to deliver, and that's what I want to know.
I don't want to be told it's going to take a year if it's going to take two,
and that's exactly what I am talking about, penalties. Because before we
68 July 22, 1993
start, we have to know, and now I'm told that if you put penalties, it's going
to pass. No, it's going to be paid by the people that do the job.
Chairman Teele: Right.
Commissioner Alonso: And then the County will have to come back to us and
say, "This is the length of time," because no contractor is going to sign an
agreement that says three days, when they know quite well it's going to take
them ten days, and they are going to be...
Chairman Teele: You're exactly right.
Commissioner Alonso: ... penalized daily. It's unfair.
Commissioner Dawkins: I withdraw my motion. There's no second.
Mayor Suarez: I need a second on the motion.
Commissioner Dawkins: No, there's no second, so it dies for the lack of a
second.
Mayor Suarez: OK. I'll entertain a motion...
Commissioner Alonso: Well, any other...
Commissioner Dawkins: No, it died from my second.
Commissioner Alonso: Nobody else will address this commission and will...
Mayor Suarez: Would you...
Commissioner Alonso: Yeah, I think he wants to address the Commission.
Mayor Suarez: ... please allow me to...
Commissioner Alonso: Then I will second if necessary.
Mayor Suarez: All right.
Mr. Virgilio Perez: Mr. Mayor, you just mentioned that the Chamber of
Commerce was in favor of this.
Commissioner Plummer: Mr. Perez, your name and address.
Mr. Perez: My name is Virgilio Perez, and I'm representing Mr. Luis Sabina...
Mayor Suarez: I was told that. If I was wrong, Virgilio, I'm sorry, I stand
corrected. I...
Mr. Perez: No, that is all right. No. We - we...
Mayor Suarez: I actually said there was a representative from Latin Chamber,
and if that's not the case, then I'm sorry about that.
69 July 22, 1993
Mr. Perez: That is correct. No, but I wanted to tell you, because we are
very concerned about the problem of the Intrusion on the City of Miami, and
specifically, not only that, but we are very worried about the time -ticking
bomb, that it could be an ecological trauma down here if this pipe bursts. I
think the City of Miami - and this is one thing that we are very concerned -
that we must have an assurance, not only of the merchants, of the people of
the City of Miami, but also of this Commission and of the County that if this
pipe bursts, we're going to be closed. I mean completely closed. Not only
the City, the County, the port and everybody. We hear that we're going to
have an intrusion in the pipe through a - I don't know what kind of device -
but we want to make sure that we have this on a timetable that we can be
assured that this pipe will not burst. If they're going to do it in 30 days,
it's fine. If they can come back to us and say the pipe will not burst, fine.
But if they say the pipe is in a critical condition, I hear that Mr. Tony
Clemente says that he will favor the bypass, and I think we should have the
bypass for the safety and security not only of the citizens of Miami, but also
of the citizens of Dade County, and this is the position that our chamber has
taken.
Mayor Suarez: OK. Very good. I'll entertain a motion then. I'm not even
sure if we have a motion pending, just to be absolutely sure.
Vice Mayor De Yurre: Well, the motion is to approve the easement.
Commissioner Alonso: Well, could you read the motion?
Mayor Suarez: The motion is restated by Commissioner Dawkins.
Ms. Matty Hirai (City Clerk): It is to approve the issue with the two
provisos: That it come back individually for approval to the Commission; and
that local vendors, and suppliers and contractors be given preference.
Commissioner Dawkins: No, no, not for suppliers, because as he said...
Ms. Hirai: Exactly. Yes, exactly.
Mayor Suarez: Contractors and laborers.
Ms. Hirai: Contractors and laborers be given preference.
Mr. Jones: It's a motion to approve the resolution that's before you with
those provisos.
Mayor Suarez: Mr. Manager.
Mr. Odio: The resolution before you is the easement at Virginia Beach.
Mr. Jones: Yes.
Mr. Odio: It's not what we're talking about.
system.
Mr. Jones: But you've...
He's talking about the whole
70 July 22, 1993
Mr. Odio: Commissioner Dawkins is referring himself to the whole
system.
Mr. Clemente: No. He's talking about - I think Mr. Dawkins is
talking about
the - the piece of pipe.
Mr. Odio: No, he's not.
Mr. Clemente: It's the northern piece that he...
Mr. Odio: He's talking about the whole system.
Commissioner Alonso: No, he's talking about the entire...
Commissioner Plummer: Yes.
Mr. Clemente: What whole system?
Commissioner Alonso: ... the work.
Mayor Suarez: Why do we argue about what he's talking about? We can ask him.
Please, what sense does it make...
Commissioner Alonso: Are you entire about the entire work?
Mayor Suarez: What is the thing that makes the most sense?
Commissioner
Dawkins, would you - are you moving...
Commissioner Dawkins: The whole system.
Mayor Suarez: ... the resolution that's before us, which is
the easement,
subject to the conditions that you stated?
Commissioner Plummer: As it applies to those.
Commissioner Alonso: I will second the motion, but I want to be sure that
considerations will be given to the life-long rate that we discussed here
today...
Chairman Teele: Yes, ma'am.
Commissioner Alonso: ... to the citizens that are in a fixed income.
Chairman Teele: Yes, ma'am.
Commissioner Alonso: OK? And also that after...
Mayor Suarez: The chronology, the timetable.
Commissioner Alonso: ... the timetable, and that - how tong will it take the
investigation that you're doing of the existing line?
Mr. Clemente: We should have that - we should have results within 60 days.
Commissioner Alonso: Sixty days?
71 July 22, 1993
Mr. Clemente: Not longer than 60 days.
Commissioner Alonso: You said less before but...
Mr. Clemente: I said less before, but if you want to... maybe... you know,
well...
Commissioner Alonso: OK. Now you are just extending. You told me when I went
to your office, 30 days; then it went to 45; now we are at 60. How about in
between?
Mr. Clemente: Forty-five days.
Commissioner Alonso: I beg your pardon?
Mr. Clemente: Forty-five days.
Commissioner Alonso: OK. Fine. So you will come back and let us know, and
then at that time, if it's necessary, then we will have a bypass. Because my
concern, Tony, is that we are going to have this pipe burst, and it's going to
be such a - beyond repair.
Mr. Clemente: I understand, Commissioner. I have the same concern.
Commissioner Alonso: OK. Fine. I have no problems. I second it.
Vice Mayor De Yurre: Well, let me ask about this bypass. How long would it
take to put it in place?
Chairman Teele: At least six months.
Mr. Clemente: Well, optimistically...
Commissioner Alonso: Including the permits, Mr. Chairman, so it means three
to four months for the work.
Vice Mayor De Yurre: Well, Tony, do you know about this?
Mr. Clemente: Yes, sir.
Vice Mayor De Yurre: Well, how long does it take?
Mr. Clemente: We - if everything goes right, we estimate about six months.
Commissioner Alonso: With the permits?
Mr. Clemente: Yes, everything.
Commissioner Alonso: Meaning the work about four months, and then the permits
about two, right?
Mr. Clemente: Right. But...
72 July 22, 1993
Commissioner Plummer: But you're talking about how many more dollars?
Chairman Teele: We're talking about approximately $30,000,000.
Commissioner Dawkins% What? For a bypass?
Chairman Teele: For a - for a...
Commissioner Alonso: A bypass.
Mr. Clemente: It's an expensive rubber hose.
Commissioner Plummer: For a temporary.
Commissioner Alonso: Yes.
Chairman Teele: A temporary bypass would cost about $30,000,000, and the...
Vice Mayor De Yurre: And who would pay that?
Chairman Teele: ... the system itself is about 60...
Vice Mayor De Yurre: But who would pay the 30,000,000?
Chairman Teele: The rate payers.
Vice Mayor De Yurre: You're talking about the citizens?
Chairman Teele: The citizens would pay that.
Vice Mayor De Yurre: The fixed income people in this community?
Chairman Teele: Yes, that's right.
Vice Mayor De Yurre: Oh, OK.
Commissioner Alonso: Well, the problem is, for the record, if you know for a
fact, because you're coming back to us with an answer after you have inspected
the pipes, right?
Mr. Clemente: Yeah.
Chairman Teele: That's right, Commissioner.
Commissioner Alonso: All right. Then, if that is the case, and you know
quite well that they are going to burst, and you don't want to have a
temporary...
Chairman Teele: Commissioner...
Commissioner Alonso: ... what are you going to say?
Chairman Teele: Commissioner, let me say this.
73 July 22, 1993
Commissioner Alonso: No, because of what Commissioner De Yurre said...
Chairman Teele: If we know that those...
Commissioner Alonso: what are you going to tell the citizens of Dade
County? You did not act, and then we say we are sorry, that has happened?
Commissioner Plummer: Who's got a crystal ball?
Chairman Teele: Commissioner Alonso, let me tell you. If the studies...
Commissioner Alonso: We have to pay, because we have to avoid a disaster.
Chairman Teele: If the tests show that those pipes are about to burst, you
will be the first person to know that we're about to request permits for a
temporary bypass or some other alternative process. Now, we would - we would
obviously have a bidding process, because we want to have minorities and small
business involved in that...
Commissioner Plummer: In what?
Chairman Teele: ... et cetera, but we would be on a fast track emergency
basis trying to get that temporary bypass in. At this point...
Commissioner Alonso: We don't know.
Chairman Teele: ... the spread - we estimate, our realistic estimate is it's
gaing to take 18 months, 18 to 24 months to build the system. If you - if you
look at the six months that it would take to put in a bypass or an emergency
system, you're - in effect, we're talking about thirty million, twenty-five to
thirty million dollars for one year's insurance. If those pipes are going to
burst, we're going to take that - we're going to take that course of action.
But absent some evidence that those pipes are about to burst, we don't think
it's prudent to the taxpayers, the rate payers, to go in for that risk.
Commissioner Alonso: Of course, of course.
Mayor Suarez: Very good. OK. The motion 1s clarified. I've requested
Commissioner Dawkins to clarify as to the easement. It is approved with the
conditions imposed. There 1s no Individual Commissioner review of that.
There's all the other conditions that we have built in and that we have
recommended to your consideration. OK? And there is a reverter clause issue
that you wanted to put in, which is that?
i
Commissioner Plummer: Yeah, that's in there.
Ms. Miriam Maer (Assistant City Attorney): He has to amend the agreement to
include the reverter clause.
Mr. Clemente: That's in the agreement.
Commissioner Plummer: Yeah, it's in there.
Chairman Teele: It's in there.
74 July 22, 1993
hYF
Mr. Jones: It's in there?
Commissioner Dawkins: All right, read it off.
Mayor Suarez: Do we need to put that in the record? If not, we have a motion
and we got a second.
Commissioner Plummer: It is, it is. I have - one of the copies that I have
here does have the reverter clause.
Mr. Jones: I've been told that it's not.
Ms. Maer: The reverter - I don't believe the reverter clause is in there
specifically as a reverter clause, and I would just like the opportunity to
put that language in there. OK?
Mr. Clemente: OK, no problem.
Commissioner Plummer: Well, that was agreed upon. The reverter clause...
Ms. Maer: Fine.
Commissioner Plummer: ... if for whatever reason they ever abandon...
Chairman Teele: No problem.
Commissioner Plummer: ...it will revert back to the City of Miami. Let me
tell you something.
Commissioner Dawkins: Read the ordinance.
Commissioner
Plummer: Who was that?
Mayor Suarez:
Moved and seconded. Any further
discussion? Do you want to
just limit yourself
to a 30-second comment?
Commissioner
Plummer: No, the only question -
I just want a clarification.
If, in fact,
the line presently is in such bad
shape, you, the County, will
make the determination
as to whether a bypass is
necessary; we won't.
Commissioner
Alonso: No, we don't.
Chairman Teele:
Truthfully, the decision will be made by the U.S. Attorney,
the EPA, and
the County.
Commissioner
Plummer: OK, that's fine.
Commissioner
Alonso; They're working on that, to
investigate it.
Commissioner
Plummer: OK, fine.
Mayor Suarez: Call the roll on the motion. Is it an ordinance, Mr. City
Attorney?
75 July 22, 1993
Commissioner Alonso: It's a resolution.
Mr. Jones: It's a resolution.
Mayor Suarez: All right. Call the motion.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-475
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN METROPOLITAN
DADE COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE
"CITY"), THEREBY GRANTING A NON-EXCLUSIVE EASEMENT TO
THE COUNTY FOR A TWELVE -INCH SEWAGE FORCE MAIN, A
TWENTY -FOUR -INCH SEWAGE FORCE MAIN AND A ONE HUNDRED
AND TWO-INCH SEWAGE FORCE MAIN ON REAL PROPERTY
LEGALLY DESCRIBED ON EXHIBIT "A" TO THE EASEMENT
AGREEMENT, AND IN ADDITION, A ONE HUNDRED AND TWO-INCH
SEWAGE FORCE MAIN ON THE REAL PROPERTY LEGALLY
DESCRIBED ON EXHIBIT "B" TO THE EASEMENT AGREEMENT;
SAID AUTHORIZATION FURTHER CONDITIONED UPON PROVISIONS
AS MORE SPECIFICALLY DESCRIBED AND INCORPORATED
HEREIN.
(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.
Mayor Suarez: Thank you, Mr. Chairman and Commissioner Moss.
Commissioner Dawkins: Now... let's go on vacation.
Chairman Teele: Thank you all very much. Thank you very much.
Mayor Suarez: Thank you for spending so much of your day here.
Commissioner Dawkins: Thank you, Mr. Moss.
76 July 2.2. 1993
Commissioner Alonso: I really want to congratulate the County, the
Commissioners, the Chairman, for the work and the cooperation they have given
us.
Mr. Moss: Mr. Mayor.
Mayor Suarez: Commissioner Moss.
Mr. Moss: I'd just like to make one very, very short statement. I've always
said that this community is standing on the verge of greatness, and I think
that working together as governments, that we can make the City of Miami and
the downtown area the kind of community that we want, and certainly, I pledge
my support. And I think the mere fact that the Chairman was here this morning
and I was here, that we are saying that we want to work together to make this
community a great community. Thank you very much.
Commissioner Alonso: Thank you.
Mayor Suarez: Thank you, Commissioner. I have already, as we talked here,
drafted something to that effect, and I'll be sending you copies of it. Very
impressed to have you, pleased to have you.
7. (Continued discussion) COMPUTE PROPOSED MILLAGE RATE FOR CITY OF MIAMI
FOR FISCAL YEAR 10/1/93 - 9/30/94. (See label 4)
------------------------------------------------------------------------------
Commissioner Plummer: Do you want to defer 4?
Commissioner Dawkins: Huh?
Commissioner Plummer: Do you want to defer 4?
Mayor Suarez: Item 4.
Commissioner Plummer: Defer it.
Commissioner Dawkins: No, no, no. We got to get through with Mano first. We
got to get 2.
Mayor Suarez: Oh, I'm sorry. Item 2.
Mr. Manohar Surana (Assistant City Manager): Millage.
Mayor Suarez: OK. This refers it and schedules the hearings; is that
correct?
Mr. Surana: Yes, sir.
Mayor Suarez: And refers it to the appraiser, so that they can make their
calculations; and to the County, so that they can make their calculations?
77 July 22, 1993
0.14
Mr. Surana: Right.
Mayor Suarez: Anybody have any problem with that item?
Commissioner Plummer: Well, let's understand, just for the record.
Mayor Suarez: No, I'm sorry, item 2.
Commissioner Plummer: Establishing the m111age...
Mr. Surana: Right.
Commissioner Plummer: ... we cannot raise above it, but we can reduce it from
here?
Mr. Surana: Yes, sir.
Commissioner Plummer: OK. Mr. Manager...
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: The indication is that your budget is only balanced if
there is an increase in garbage fees. My question to you, sir...
Mr. Odio: Well, there are other ways of balancing the budget. I'm proposing
the garbage increase. If you don't do that, then we have to find another
alternative.
Commissioner Plummer: That's my question, sir.
Mr. Odio: OK.
Commissioner Plummer: Assuming that I have heard from some Commissioners that
they will not vote under any circumstance for a garbage increase, how far
would your budget be out of line?
Mr. Odio: Four point two million.
Commissioner Plummer: And what will you do to compensate for that loss?
Mr. Odio: Well, we will have to find some other alternatives, I guess. You -
we have - we would have...
Commissioner Plummer: I think it's very, very important for me...
Commissioner Alonso: Mr. Manager, is it true that if we take the garbage to
Broward County, we will have a serious cut in the tonnage and the price per
tonnage?
Mr. Odio: Well, Commissioner, it's not as simple as that. We've been
negotiating with Broward County, but we also have to negotiate with Dade
County. Dade County has to approve us taking the garbage up there. Now, if
we go on a five-year contract with Broward County, we can go down to $47 a
ton, but...
78 July 22, 1993
VIA
Commissioner Dawkins: You know...
Commissioner Plummer: What's your transfer fee?
Mr. Odio: ... but we cannot do that, because you have awarded a bid to set up
a plan that should be ready in two years. Once that plan is in line, they
have to take our garbage at $57 a ton. So...
Commissioner Alonso: But isn't it true that companies and other
municipalities are taking their garbage somewhere else? If we cannot do it
directly, could we do it indirectly, perhaps through some means that - I don't
know, you would have to work it out, and perhaps it will be a serious
reduction and savings to the City?
Mr. Odio: The only way we can take garbage up to Broward County is with a
long-term contract. I tried to get...
Commissioner Alonso: And if we do it through the private sector?
Mr. Odio: How so with the private sector?
Commissioner Alonso: Well, I don't know, but I'm sure there will be ways that
you can. The same way they do it, we can do it, because when it arrives
there, it's garbage, and the citizens of Miami have garbage, and it doesn't
have a label. So if we channel it through other ways - because we have to be
creative.
Mr. Odio: We have done that.
Commissioner Alonso: If we can save twenty, thirty dollars, whatever amount
per ton, that could give us that amount of money that you so much need.
Mr. Odio: But you have done that. You are going to divert your garbage to
the private sector. It takes two years to have the plan in operation.
There's no other...
Commissioner Alonso: No, that's true, but we have today, we have a budget
that doesn't have enough money. Therefore, the action has to be immediate.
Mr. Odio: Right.
Commissioner Alonso: And we have garbage, and we need a place to take it
other than Dade County, because the price is excessive. And I've been saying
this for three years, really. What can we do immediately to save by diverting
our garbage to some other places, as other municipalities, as well as the
private sector are doing with tremendous savings?
Mr. Ron Williams (Assistant City Manager): Let me explain to you,
Commissioner, and you're absolutely correct.
Commissioner Plummer: Well, excuse me, excuse me. I don't mean to interrupt,
but I don't want to get lost in my trough. Again, I started the questioning
by saying that it was very important to me, and I think to others, that if
79 July 22, 1993
that garbage fee is not paid or is not passed by this Commission, what has to
give?
Commissioner Alonso: This is what I'm referring to, Commissioner, exactly,
the saving. If you reduce the price that you pay per ton, that - rather than
passing the cost to the taxpayers, you are reducing your expenses. Therefore,
you don't have to charge the taxpayers any more. That's exactly what we are
trying to get and see if it could be done immediately.
Mr. Williams. Sure. Commissioner Alonso, as the Manager said, basically,
you've done that with the long term with the compost package that you have
approved.
Commissioner Alonso: Exactly. But I'm talking about today.
Mr. Williams: Right. Short of that, as you well know, by interlocal
agreement, and I believe by State law, which the City Attorney could address,
is Dade County has control of our waste stream.
Commissioner Alonso: Mr. Williams...
Mr. Williams: Let me finish, please.
Commissioner Alonso: ... you know quite well, I've been working with this for
three and a half years, and you have met with me, the Law Department has met
with me, and we have discussed this at the Commission level. It's clear
enough that if we have an emergency - and I don't see how in the world the
County can deny that this is an emergency - we don't have the funding, so this
is an emergency. They accept it. They accept it. They agree with the
Manager to accept this, so that's over. That's passed.
Mr. Odio: But the people we can give our garbage to will not accept us at a
lower price unless we make a long-term commitment. That's the problem.
Commissioner Alonso: Well, can we be creative, and then we say it's not the
City of Miami, but in fact, it is the garbage of the City of Miami, and send
it through other means.
Mr. Williams: Certainly, we can talk further to the County about that,
Commissioner Alonso. That is an issue that we would have to get their
approval on the diversion. We've been doing that. Certainly, we were working
with Clemente before he changed his role. We're going to work with Mr....
Commissioner Alonso: But they gave us the approval. The City Manager came to
us and told us that, yes, indeed, they had approved this.
Mr. Odio: They have given us approval to divert a certain amount of
tonnage...
Mr. Williams: Exactly.
Mr. Odio: ... to our plan.
80 July 22, 1993
Commissioner Alonso: Enough as to provide a serious saving. As a matter of
fact, our former City Attorney just walked in, and he was very involved in all
of these discussions three and a half years ago, and did a tremendous work.
And then, of course, it was continued by the present Administration, and, in
fact, it has been approved. It is an emergency.
Mr. Williams: Well, let me just explain.
Commissioner Plummer: Jorge, Jorge, the food stamp line is over on this side.
Commissioner Alonso: Even if he's not here anymore, he looks younger. He is
younger, I think.
Commissioner Plummer: If you need food stamps, Jorge, it's over on this side
of the auditorium. Yes, yes.
Mr. Williams: Commissioner Alonso, you're absolutely correct. The County has
agreed with us on the diversion, but the approval was specific to the
recycling diversion effort, which helps all of Dade County. We have also
discussed with them the idea that you've continued to mention, regarding
taking the waste stream to Dade County, and we're continuing to do that. The
point is - I mean - I'm sorry, to Broward County. Broward County is looking
for a substantial tong -term commitment. There is a spot market opportunity,
but that's only for a smaller amount of our waste stream. We will continue to
discuss it with Broward County and Dade County in between now and the two
years before our plan is complete.
Commissioner Alonso: Be creative, and I'm sure they are going to go for two
years.
Mr. Williams: We will continue discussing with them.
Commissioner Alonso: And it will be a saving to the taxpayers. Why should we
increase $60 when we have other means of savings?
Mr. Odio: No, no, we're only proposing $40.
Commissioner Alonso: It's 60.
Mr. Odio: That would put us to $200.
Commissioner Alonso: Hundred and sixty - it's $60.
Mr. Odio: To 200, to 200.
Commissioner Alonso: How much it is?
Mr. Odio: The garbage fee is to $200. And what we're saying...
Commissioner Alonso: And $20 for the recycling. It's 60.
Mr. Odio: I'm preparing a chart, because the City of Coral Gables is going up
to 585; City of Hialeah is about the same. We'll still be $200 - we'll be
$385 a year below most cities.
81 July 22, 1993
Commissioner Alonso: But they don't pay as - the miiiage is not as high.
Mayor Suarez: Why do we do this every year? Why does the newspaper carry a
headline, "Manager proposes increase in garbage fee"? We get all the letters,
all the phone calls, and the Commission never approves it. I'm not approving
it. So find something else in the budget to cut. I'm not voting for it. I
don't know if Commissioner Dawkins is voting for it, if Commissioner Alonso is
voting for it.
Commissioner Alonso: I'm not, I'm not.
Mayor Suarez: If you're not voting for it, why don't we just drop that
conversation, folks, so it doesn't make another headline in the newspaper.
I've gotten letters already. I'm not voting for it, Mr. Manager. I don't
think he's voting for it, I don't think she's voting for it. So, you know,
why do you even discuss it?
Commissioner Alonso: So what we have to do is ways to cut and review...
Commissioner Dawkins: I agree with the Manager. We don't have - the Mayor.
You know, you're going to have a budget hearing. You know what you're going
to do. You know, why? Why sit here - the Manager knows what he has to do,
all right? You already - I'm not voting for 1t. So that's three votes up
here saying they're not going to vote for it.
Commissioner Alonso: Good. So we have three votes.
Commissioner Plummer: Yeah, but until right now, he didn't know that.
Commissioner Dawkins: But he has to know. He already knows that. So what
are you all sitting up here doing?
Mayor Suarez: Every year, it's the same thing.
Commissioner Alonso: I know.
Mayor Suarez: I've been doing it for eight years.
Commissioner Dawkins: What are you going through? Move the agenda.
Commissioner Alonso: So go to Broward County. I'm sure we will be able to
cut a deal.
Mayor Suarez: All right.
Commissioner Alonso: Let's vote on this one.
Mayor Suarez: It's good to keep the County guessing and thinking that we
might be able to make a deal with Broward. Don't right off the bat say it's
Illegal.
Mr. Williams: Correctly, Mr. Mayor, we have talked and we will continue those
discussions.
62 July 22, 1993
Mayor Suarez: Let me tell you, the Herald will publish an article, you know,
a big headline that says that we might negotiate with Broward. Even though we
maybe cannot do it technically, that might scare the County. Anyhow.
Mr. Williams: No, we've told them very directly that we're discussing with
Broward.
Mayor Suarez: The Herald?
Mr. Williams: No, Dade County.
Commissioner Alonso: Dade County.
Mayor Suarez: All right. On item 2 - you know, his last name rhymes with an
adjective, and he'd better be careful. Strouse, the... you know what. All
right.
Commissioner Plummer: Oh, is that that newspaper that has a certain kind of
ads in the back that I've heard about on Channel 7? Huh?
Mayor Suarez: All right.
Commissioner Plummer: They have a name for that, you know. I think - but I
can't - I know the word in Spanish, but I can't remember the word in English.
Commissioner Alonso: I think we better move to item 2.
Mayor Suarez: All right. So on item 2, I'll entertain a motion.
Commissioner Alonso: Yeah. This is same rates of what we have today, max,
but we can reduce, but we will not be able to increase.
Mr. Surana: Yes.
Commissioner Alonso: So it's exactly as last year. I so move.
Mr. Surana: Except...
Commissioner Dawkins: Second. Let's move the agenda.
Commissioner Alonso: I beg your pardon? I beg your pardon? Yes?
Mr. Surana: Except debt service going down.
Commissioner Dawkins: Say what now?
Commissioner Alonso: Thank you.
Mayor Suarez: Debt service is going down a little bit. All right.
Commissioner Plummer: Debt service.
Commissioner Alonso: Wonderful.
83 July 22, 1993
Mr. Surana: Debt service is going down.
Commissioner Alonso: Yes, yes.
Mayor Suarez: We understand that.
Commissioner Dawkins: But you're not saving no money, so take it on down.
That's all right.
Commissioner Alonso: Should be lower, but anyways.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-476
A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994;
INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED
MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND
THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND
THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
84 July 22, 1993
8. DISCUSS AND DEFER CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE TO AMEND
10021, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE
LAW ENFORCEMENT TRUST FUND -- TO PROVIDE FOR AN INCREASE ($955,122) AS
RESULT OF SUCCESSFUL FORFEITURE ACTIONS.
Mayor Suarez: I know that some - I had mentioned and I think Commissioner
Dawkins had mentioned deferring item 4. I beseech you...
Commissioner Plummer: Second.
Mayor Suarez: ... to reconsider that, because it's...
Commissioner Dawkins: No, I'm not reconsidering because every time I come up
here, I mean, I keep telling you guys, that I...
Mayor Suarez: Hasn't it been deferred once already?
Commissioner Dawkins: But they have not given me the information I need to
vote intelligently on it.
Mayor Suarez: Can you try at lunchtime?
Commissioner Dawkins: No, no, they cannot try, because I told the Manager
over and over what needs to be done, and the Manager gave me his word it would
be done. It hasn't been done, and so - so I just don't - I don't understand
what has to be - what could be done.
Mayor Suarez: What could be done in the next couple of hours, so that we
can...
Commissioner Dawkins: Nothing.
Mr. Don Warshaw (Assistant Police Chief): Mr. Mayor, if I could just make one
short comment, for the record. Since January of this year, this Commission
has passed ten resolutions, most of which have provided or are going to
provide funding for various organizations and programs, and I want you all to
know that without passing this ordinance today, a lot of these, some of whom
are vendors, including Royal Rent -a -Car, which is a $257,000 contract for
rental vehicles...
Commissioner Plummer: Look at the money we save.
Mr. Warshaw: ... these people are not getting paid without this ordinance, so
this ordinance is not for new programs.
Commissioner Dawkins: Yeah, but, Chief, Chief?
Mr. Warshaw: Yes, sir.
85 July 22, 1993
Commissioner Dawkins: How long did you say we've been doing this? How
many...
Commissioner Plummer: Since January.
Mr. Warshaw: This ordinance 1s for programs that go back to January of this
year.
Commissioner Dawkins: All right. And then since January, I've been saying
what I'm saying now. Either you...
Commissioner Plummer: But Miller, they're going to make you the bad guy.
Commissioner Dawkins: No, they're not either.
Commissioner Plummer: Oh, yeah, they're going to make you the bad guy.
Commissioner Dawkins: OK. No, they're not.
Commissioner Plummer: It's your fault.
Commissioner Dawkins: No. OK. You don't have to worry about that. I told
you, and I had you and the Manager in my office. I explained to you what the
problem was. Now, I want you to verify this. The Manager told me, if you
passed this, the last time we passed it, I guarantee you, I give you my word,
on my word of honor, what you want to be done was done. Didn't he tell me
that?
Mr. Odio: Well, not of honor, but I gave you my word. I gave you my word.
Commissioner Plummer: Look, don't go overboard.
Commissioner Alonso: May I ask why he was not given the information?
Commissioner Dawkins: Huh? Oh, that's your word. That's not your word of
honor?
Mr. Odio: I did.
Commissioner Dawkins: Your "word" is not your word of honor?
Mr. Odio: You're right, you're right.
Commissioner Dawkins: OK then. And now nothing has happened, so...
Commissioner Plummer: There's a motion and a second on the floor.
Commissioner Dawkins: I don't want to discuss it no more. I move that it be
deferred.
Commissioner Plummer: And I second it.
Mayor Suarez: Can we table it till the afternoon? May I ask you,
Commissioner...
86 July 22, 1993
Commissioner Alonso: Yes.
Mayor Suarez: ... to table it till this afternoon, instead of moving it?
Commissioner Dawkins: No. I move that it be - let my motion be defeated. I
move that it be continued, deferred.
Mayor Suarez: All right. So moved and seconded.
Commissioner Dawkins: Now, if someone wants to offer a substitute motion -
Mr. City Attorney, is the motion duly on the floor?
Mayor Suarez: Yeah, it is. It is.
Commissioner Plummer: Of course, it is.
Mayor Suarez: I was just asking if you would withdraw it in favor of a
tabling.
Commissioner Dawkins: OK. Go right ahead, Mr. Mayor.
Mayor Suarez: All right. Anything further on the motion to defer? If not...
Commissioner Plummer: I can't imagine that we would not honor a colleague's
request, that he had their word, it has not been fulfilled, and we would not
back him on that issue. I can't understand. Call the roll.
Commissioner Alonso: Welt...
Mayor Suarez: I don't know that you've ever opposed one, but some of us have
up here.
Commissioner Plummer: I won't. I won't.
Mayor Suarez: So, you know, we're not going to rehash that whole argument.
Commissioner Alonso: But other people have.
Mayor Suarez: Mr. Cotera...
Commissioner Alonso: But what I'm trying - and I'm going to vote with the
motion, of course - but maybe you can approach the Commissioner and provide -
I don't understand why, if he has met with the Manager, and met with all of
you, he has not been given the information that he needed. It's really hard
to accept. So, please, get with the Commissioner and try to resolve his
problem.
Lt. Longueira: Commissioner, it's not a matter of the information. It's a
matter of he's not happy with the response. Those are two different issues.
We have responded.
Commissioner Plummer: Conversation is out of line. It is not speaking to the
deferment.
87 July 22, 1993
Mayor Suarez: He's answering Commissioner Alonso's question.
Commissioner Alonso: Of course. So I hope that you do approach...
Commissioner Plummer: Speak to the motion.
Commissioner Dawkins: OK. All right. I'll take you up on that. You're
right, but you want to buy $86,000 - two boats, OK?
Commissioner Plummer: How about a float in the Orange Bowl? That's very
important.
Commissioner Dawkins: That's right. See, but yet and still, the money that I
want to spend in the community to help little boys and girls is not
appropriate. So therefore, you haven't answered it the way I wanted it
answered, but I must answer the way you want it answered. No way.
Lt. Longueira: But the boat item hasn't come to the Commission, either,
Commissioner.
Commissioner Dawkins: That's all right. No way. No problem. Call the roll,
Mr. Mayor.
Lt. Longueira: That item is not here, either.
Commissioner Dawkins: Call the roll.
Mayor Suarez: Excuse me. The president of the FOP (Fraternal Order of
Police) wants to address the motion to defer.
Commissioner Dawkins: Go right ahead, sir.
Mr. Cotera: Yeah. At the last Commission meeting, I want to remind you all,
the lady came in with a program for Overtown and she needed some money up
front. If you don't approve this, you just cancelled her check. So you told
her two weeks ago that you were going to give her the money from next year's.
Commissioner Dawkins: Well, tell the Chief of Police. Tell the Chief that.
Commissioner Alonso: That is a serious concern.
Commissioner Plummer: Excuse me. I don't agree with you. Let me tell you
why I don't agree with you. This is outside of the $90,000,000 that the
police department gets on an annual basis, and as far as I'm concerned, we're
about ready to tell the Manager - or I am - that if they don't approve what
Commissioner Dawkins has said, it's coming out of their general budget, OK?
Are you going to call the roll or not?
Mr. Cotera: I'd be more than happy to speak with you during lunch.
Mayor Suarez: OK. We have a motion and a second. Any further discussion
from the Commission? If not, please call the roll.
88 July 22, 1993
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-477
A MOTION TO DEFER AGENDA ITEM 4 (PROPOSED EMERGENCY
ORDINANCE TO AMEND INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND TO
PROVIDE FOR AN INCREASE IN THE AMOUNT OF $955,122 DUE
TO SUCCESSFUL FORFEITURE ACTIONS).
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Yes, I will vote yes. I have to state my concern for
the record that programs that need the funding are delayed, and I hope that
you work with Commissioner Dawkins to resolve this situation, because it's
very important for the community. Yes, I vote yes.
Mayor Suarez: I vote no, but I also insist that you work with the
Commissioner. Anything further? We're adjourned.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:04 P.M. AND RECONVENED AT 2:37 P.M., WITH MAYOR
SUAREZ AND VICE MAYOR DE YURRE ABSENT, AND ALL MEMBERS
OF THE CITY COMMISSION FOUND TO BE PRESENT.
------------------------------------------------------------------------------
9. MISCELLANEOUS BRIEF COMMENTS CONCERNING AGENDA ITEMS 5, 7 AND 8. (See
labels 13, 14 & 15)
------------------------------------------------------------------------------
Commissioner Plummer: ... by Commissioner Alonso.
Mr. Cesar Odio: The reason that it's an emergency...
Commissioner Plummer: Oh, you can't, it's 4/5ths.
Commissioner Alonso: One is - what?
89 July 22, 1993
Commissioner Dawkins: All right. Go to the next one.
Commissioner Plummer: We're trying to get some of this done.
Commissioner Alonso: What item 1s this?
Commissioner Plummer: We've got to go over to...
Commissioner Dawkins: Is the Mayor behind you?
Unidentified Speaker: He's coming.
Commissioner Plumper: Is he on his way?
Commissioner Dawkins: Go ahead to 6.
Commissioner Plummer: All right. Well, if he's on his way, go ahead and read
5. They say the Mayor is on his way.
Commissioner Dawkins: Read 5.
Unidentified Speaker: This is a...
Commissioner Dawkins: We don't need no explanation. If you explain it, I'm
not going to vote for it. Go ahead, man. Read the ordinance.
Mr. Odio: No, Commissioner, we need to put on the record why it's an
emergency.
Commissioner Dawkins: Oh, OK, I'm sorry.
Commissioner Alonso: This is going to be a unanimous vote, no.
A. Quinn Jones, III, Esq. (City Attorney: You need 4/5ths vote on this, too.
Commissioner Plummer: Well, if the Mayor...
Mr. Jones: You need 4/5ths vote on this.
Commissioner Plummer: ... it would have been 4/5ths.
Commissioner Alonso: Do we wait for him, or what? I think for - you heard,
he's going to vote against that. I'm going to vote against it so...
Commissioner Dawkins: Seven.
Commissioner Plummer: Oh, all right. Well, let's go to item 6 then.
Commissioner Alonso: ... and see if you have any better luck.
Commissioner Plummer: Go to item 6.
Mr. Odio: Withdrawn.
90 July 22, 1993
Commissioner Dawkins: Item 6?
Mr. Jones: Withdrawn.
Commissioner Alonso: Seven.
Commissioner Plummer: Seven.
Commissioner Dawkins: Seven.
Commissioner Plummer: Seconded by Commissioner Alonso.
Commissioner Alonso: No way.
Commissioner Plummer: No.
Commissioner Alonso: No way. I'm going to vote against it.
Mr. Odio: It's not an emergency. It's not...
Commissioner Plummer: I know it's not an emergency, but...
Mr. Odio: You need three votes.
Commissioner Alonso: But it's a second reading and it's an item.
Mr. Odio: No, you need three votes.
Commissioner Alonso: You need three votes.
Commissioner Dawkins: You need a majority of those voting, but go ahead, I'll
wait.
Commissioner Plummer: I'm going home. How about item 8? Anybody got a
problem with item 8? You got a problem with item 8. I can't vote on 9.
Commissioner Alonso: Remember, remember, I said these two items, I was going
to vote for it on first reading, but that I was not supportive of the items
and...
Mr. Odio: She said that.
Commissioner Alonso: Yeah.
Mr. Odio: So...
91 July 22, 1993
10. SECOND READING ORDINANCE: AMEND CODE, ARTICLE IV OF CHAPTER 40 (PENSION
AND RETIREMENT PLANS, DIVISION 3, GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST) -- (1) TO COMPLY WITH INTERNAL REVENUE
WITHHOLDING GUIDELINES PURSUANT TO UNEMPLOYMENT COMPENSATION AMENDMENTS,
1992, AND (2) TO PROVIDE FOR COST OF LIVING ALLOWANCES (COLA).
------------------------------------------------------------------------------
Commissioner Plummer: OK. How about Item 10? Anybody got a problem with 10?
Mr. Odio: No, 10. Nine is OK.
Commissioner Alonso: Ten, 10...
Commissioner Plummer: Non, I can't vote on 9.
Commissioner Alonso: No, he cannot so it's a problem.
Mr. Odio: Oh, OK. Oh, that's right.
Commissioner Alonso: No, I have no problem. Move 10.
Commissioner Plummer: OK, move 10. Seconded by Dawkins. Read the ordinance.
Motion understood? Call the roil.
AN ORDINANCE -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHAPTER
40, ENTITLED "PENSION AND RETIREMENT PLANS, DIVISION
3. CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST," THEREBY: (1) PROVIDING
FOR COMPLIANCE WITH THE INTERNAL REVENUE WITHHOLDING
GUIDELINES, AS ENACTED BY THE CONGRESS OF THE UNITED
STATES OF AMERICA PURSUANT TO UNEMPLOYMENT
COMPENSATION AMENDMENTS OF 1992, AND (2) PROVIDING FOR
COST OF LIVING ALLOWANCES (COLA); MORE PARTICULARLY BY
AMENDING SECTIONS 40-239(I) AND 40-240(A); CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 13, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
92 July 22, 1993
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11073.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------------------------------
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL,
MAYOR UAREZ REQUESTED OF THE CLERK TO BE SHOWN AS BEING
IN AGREEMENT WITH THE MOTION.
-------------------------------------------------
------------------------------------------------------------------------------
11. SECOND READING ORDINANCE: AMEND CODE, ARTICLE IV OF CHAPTER 40 (PENSION
AND RETIREMENT PLANS, DIVISION 2, FIRE FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST) -- TO PROVIDE FOR COMPLIANCE WITH INTERNAL REVENUE
WITHHOLDING GUIDELINES PURSUANT TO UNEMPLOYMENT COMPENSATION AMENDMENTS,
1992.
-----------------------------------------------------------------------
Comnissioner Plummer: Item 11, moved by...
Commissioner Dawkins: Move it.
Commissioner Plummer: ... by Dawkins.
Commissioner Alonso: Yes.
Commissioner Plummer: Seconded by Alonso.
understood? Call the roll.
Read the ordinance. Motion
93 July 22, 1993
AN ORDINANCE -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE IV OF CHAPTER
40, ENTITLED "PENSION AND RETIREMENT PLANS," DIVISION
2. CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST," THEREBY PROVIDING FOR COMPLIANCE
WITH THE INTERNAL REVENUE WITHHOLDING GUIDELINES, AS
ENACTED BY THE CONGRESS OF THE UNITED STATES OF
AMERICA PURSUANT TO UNEMPLOYMENT COMPENSATION
AMENDMENTS OF 1992; MORE PARTICULARLY BY AMENDING
SECTION 40-212(I); CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the
taken up for its second and final reading by titl
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11074.
e
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
-------------------------------------------------
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL,
MAYOR SUAREZ REQUESTED OF THE CLERK TO BE SHOWN AS BEING
IN AGREEMENT WITH THE MOTION.
94 July 22, 1993
12. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) -- APPROPRIATE $4,697,000
FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
IMPLEMENTATION / ADMINISTRATION OF THE 1993 HOPWA PROGRAM.
Commissioner Plummer: Item 12.
Commissioner Dawkins: Move it.
Commissioner Alonso: Move it.
Commissioner Plummer: Moved by Alonso. Seconded by Dawkins. Read the
ordinance. Motion understood. Call the roll on item 11.
A. Quinn Jones, III, Esq. (City Attorney): Item 12.
Commissioner Plummer: Twelve.
Commissioner Dawkins: Twelve.
Commissioner Plummer: Twelve, I'm sorry.
-------------------------------------------------
NOTE FOR THE RECORD: Mayor Suarez entered the meeting at
2:40 p.m.
-------------------------------------------------
AN ORDINANCEESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) GRANT PROGRAM (FY 1993)0" AND
APPROPRIATING FUNDS FOR THE SAME IN THE AMOUNT OF
$4,697,000 FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE 1993 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAM; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
95 July 22, 1993
Passed on its first reading by title at the meeting of June 29, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and 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
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11075.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Commissioner Plummer: Mr. Mayor, we've done 10, 11, and 12, and Commissioner
De Yurre has informed the office that he will be running a little bit late. I
don't know what "a little bit" is, but he will be running a little bit late.
I ask that any items...
Mayor Suarez: You want to go back to 8? Is that an ordinance?
Commissioner Plummer: Back to the 2/3rds or the three - item 5.
Commissioner Dawkins: Four...
Mayor Suarez: Four -fifths.
13. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 53.6 (STORMWATER), BY
CLARIFYING STANDARDS AND REVIEW CRITERIA FOR ADJUSTMENT OF FEES IN
SECTION 53.5-26(b).
------------------------------------------------------------------------------
Commissioner Dawkins: Item 5 or 4? Oh, yeah, 5, 5, Mr. Mayor.
Commissioner Plummer: Five.
Mayor Suarez: OK, thank you.
Commissioner Plummer: It needs a 4/5ths vote is why we couldn't take it.
Mayor Suarez: OK. Is it controversial in any way? If not...
Mr. Jim Kay: No, sir.
96 July 22, 1993
Mayor Suarez: I'll entertain a motion.
Commissioner Plummer: I'll move it.
Commissioner Alonso: Which one?
Commissioner Plummer: Item 5.
Commissioner Alonso: Five?
Commissioner Plummer: The emergency ordinance.
Commissioner Alonso: OK.
Mr. Kay: OK. This is an emergency because people right now are working up
their budgets this time of year and are coming in for some adjustments in
utility fees. Let me just give you an example of what we're talking about
here. Take, for instance, like a commercial business along Flagler Street
which has a public alley in the back. The business is up front, the parking
is in the rear, and they construct a paved parking lot, and they drain their
parking lot, and they also drain the alley as well. They deserve an
adjustment to their fees, and that's what we're saying. We didn't really
spell it out very well in the ordinance the first time.
Commissioner Alonso: So you're telling me that what it means, even though
it's not exactly what I read, but what you are telling me that it says is that
even though I can understand that it's an increase, it might - the idea is a
reduction?
Mr. Kay: They would get a reduction in that case, because if they're draining
the public right-of-way, in addition to their property, they get a reduction
equivalent to that part of the right-of-way that they're draining, OK?
Commissioner Alonso: We're not going to see increases, are we?
Mr. Kay: Not in - not in - no. We wouldn't see an increase under this, no.
Commissioner Alonso: It's not. What this emergency ordinance does is not to
create any increases in any way; it does not have room for that.
Mr. Kay: No, it does not. Most of the time when they come in, they're in for
a decrease, OK, when they come in and ask for an adjustment, and that's what
we look at.
Commissioner Alonso: OK. It's just to give an avenue so that you can prove
that you are taking care of the water; therefore, you have a reduction.
Mr. Kay: That's right.
Commissioner Plummer: Let me ask this question. What about the person that's
dumb enough to use City water to water their yard?
Commissioner Alonso: I don't know.
97 July 22, 1993
Commissioner Plummer: Well, but are they paying for water and for sewage?
Commissioner Dawkins: Yes.
Mr. Kay: No, sir, no, sir.
Commissioner Plummer: Your sewer bill is predicated on your water bill.
Commissioner Alonso: Yes.
Mr. Kay: Well, they would pay for it, unless they installed a separate meter
for land - for irrigation. They can do that.
Commissioner Plummer: They can install a second meter?
Mr. Kay: Yes, sir, they can.
Commissioner Alonso: Yes.
Commissioner Plummer: My last bill, my last water bill, my sewer bill was
more dollars than my water bill.
Commissioner Alonso: That's because of the increases.
Mr. Kay: That's right. It normally is.
Commissioner Plummer: Yeah.
Commissioner Alonso: That's what I've been talking about from last year, plus
the common increase of 26 percent, it's going to be 76 percent increase from
last year.
Commissioner Plummer: Yeah. Damn near a hundred dollars.
Mayor Suarez: Maybe you just produce more waste than the water you consume.
I don't know.
Mr. Kay: The County...
Mr. Cesar Odio (City Manager): The County has notified us they're going up 50
percent.
Mr. Kay: I think next year, next fiscal year, Dade County will probably go up
40 to 50 percent on the sewer charge.
Commissioner Plummer: Again?
Mr. Kay: On the sewer charge.
Mr. Odio: Yes, sir.
Commissioner Alonso: That's what I was just saying this morning.
98 July 22, 1993
Mr. Wally Lee: And 20 percent on the water.
Commissioner Alonso: It's going to be 100 percent increase if you go from the
bill last year to this year, and you look at the bill, it's 100 percent
higher. It's incredible.
Mayor Suarez: OK. On item 5, we need 4/5ths. Do we have a motion?
Commissioner Plummer: Yes. I moved it.
Mayor Suarez: Thank you.
Commissioner Alonso: Yes.
Mayor Suarez% Second. Read the ordinance, seconded by Commissioner Alonso.
Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCEAMENDING CHAPTER 53.5, ENTITLED
"STORMWATER," OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CLARIFYING THE STANDARDS AND
REVIEW CRITERIA FOR ADJUSTMENT OF FEES IN SECTION
53.5-26(b); AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11076.
99 July 22, 1993
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.
------------------------------------------------------------------------------
14. (A) SECOND READING ORDINANCE: AMEND CODE SECTIONS 2-75 AND 2-76, WHICH
SET FEES FOR ZONING CERTIFICATES OF USE AND FOR INSPECTIONS /
EXAMINATIONS OF PLANS FOR COMPLIANCE WITH PROVISIONS OF ORDINANCE
11000 -- BY ADDING AND DEFINING CERTAIN REQUIRED FEES, TO COVER COST OF
ENFORCEMENT OF ZONING ORDINANCE AND SOUTH FLORIDA BUILDING CODE -- AMEND
11028 (FLOOD DAMAGE PREVENTION), BY ADDING NEW SECTION 18, THEREBY
ADDING / DEFINING CERTAIN REQUIRED FEES FOR APPLICATIONS FOR WAIVERS AND
VARIANCES FROM PROVISIONS OF SAID ORDINANCE.
(B) COMMISSIONER PLUMMER REQUESTS ADMINISTRATION TO STREAMLINE AND
EXPEDITE PRESENTLY -INSTITUTED PROCEDURES FOLLOWED BY THE CITY FOR
APPROVAL OF PERMITS FOR INSTALLATION OF STORM SHUTTERS.
------------------------------------------------------------------------------
Commissioner Dawkins: Seven.
Mayor Suarez: Item 7, very good.
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
A. Quinn Jones, III, Esq. (City Attorney): Seven, you took 7.
Mayor Suarez: Seconded. Any discussion on 7?
Commissioner Plummer: Yeah. On 7, discussion. Mr. Manager, I'm getting a
hell of a lot of complaints about people that are taking plans to the Building
Department and can't get them out.
Mr. Cesar Odio (City Manager): I have heard the same...
Commissioner Plummer: I'm told, in particular...
Mr. Odio: I have heard the same.
Commissioner Plummer: In particular the signs, you know I realize here the
hurricane did a lot of damage.
Mr. Odio: Yeah.
Commissioner Plummer: But, a guy told me that he's got 44 permits...
Mr. Odio: Yes, sir, look you are right.
100 July 22,1993
Commissioner Plummer: ...sitting in the department. My neighbor went the
other day about getting a permit for hurricane shutters. It's incredible what
we are doing to these people.
Mr. Odio: And, of top of that, read here, is that there are now, FEMA
(Federal Emergency Management Agency), is requiring additional fees, I mean
additional waiver, and variances and order that we have to look at now in
addition to the normal work.
Commissioner Plummer: But, what are we going to do to this people to
expedite...
Mr. Odio: Well, Santiago you tell them what... I've talked to him about
three weeks ago about this.
Commissioner Plummer: ...I mean, they are talking about...
Mr. Jorge -Ventura: Commissioner.
Commissioner Plummer: ...you got to go from mechanical to electrical for
storm shutters.
Mr. Odio: We told them to...
Commissioner Plummer: I... What the hell do you got to go for plumbing on a
storm shutter?
Mr. Odio: That's the problem they got to...
Commissioner Plummer: The process is screwed up.
Commissioner Alonso: It is.
Mr. Jorge -Ventura: No, no, Commissioner, may I explain to you something?
Commissioner Plummer: Sure, please, explain to the public, not me. I've got
my storm shutters.
Mr. Jorge -Ventura: Let me explain to you. The situation... Oh, my name is
Santiago Jorge Ventura, my position is Deputy Director of the Planning,
Building and Zoning and Building Official. Let me explain to you,
Commissioner. It is, you are right, OK. We are taking more time to review
the plans. But, the problems that we are having is that we are taking the
inspector to do more special in the field. We are taking the inspector that
reviewed the plans and we are sending to the field. But, I can tell to you,
that we review and take less time than Dade County.
Commissioner Plummer: Sir, for a man in business, time is money. And, all
the time he is sitting down in that department waiting and waiting and
waiting, is going to cost the homeowner more dollars. Now, all I am saying to
you, there's got to be a way...
Mr. Jorge -Ventura: Yeah, but, we are improving. We are doing the improving
and the cooperation with the City Manager.
101 July 22,1993
Mr. Odio: Excuse me.
Commissioner Plummer: If it's to charge more money, they told me, we'll be
glad to pay more 1f we can get in and get out.
Mr. Odio: But, may... Why don't you tell him what you just told me? He,
he's... Maybe what we need to do is review who needs inspections or not.
Because, why would we have mechanical and electrical in shutters when you
know...
Mr. Jorge -Santiago: Sometimes...
Commissioner Plummer: Just for your information, sir, I called down and asked
for a set of plans for a house on Tigertail, they told me they can't do it.
Mr. Jorge -Santiago: No, we do. We did. Commissioner, you have the plans
over here.
Commissioner Plummer: Sir, sir, I asked over ten days ago. And, the only
thing that they gave me, just for your information, is not the set of plans.
This is what I got.
Mr. Jorge -Ventura: No, no, no. You have the set of plans and Mr.
Gonzalez...
Commissioner Plummer: When did they bring them in?
Mr. Jorge -Ventura: ...brought to the office this morning.
Commissioner Plummer: Oh, OK, excuse me. Now, ten, ten days.
Mr. Jorge -Ventura: No, no.
Mayor Suarez: There you go.
Commissioner Plummer: Ten days ago, all right.
Mr. Jorge -Ventura: Commissioner, Commissioner, Commissioner...
Commissioner Plummer: I mean it's...
Mayor Suarez: Mama didn't raise no fool.
Mr. Jorge -Ventura: We are working. We are working.
Commissioner Plummer: Mr. Mayor, let me tell you one of the problems that the
people of this Community are having of getting people to work. They don't
want to work in the City. They don't want to work and do work in the City
because their time...
Mr. Odio: Have you tried to build a house in Coral Gables? I have a friend
that is building a house in Coral Gables...
102 July 22,1993
Commissioner Plummer: Cesar, I am not a contractor. I am merely telling you
what the people are telling me. That they would much prefer to work in the
County, 1t is not anywhere near as arduous a process... And, you've got to do
something.
Mr. Jorge -Santiago: Commissioner, there is another thing that we are doing.
What you are talking is the job table. The job table that we have before, we
are putting in the computer. Some of the requirements that you are saying, we
are reviewing and we are eliminating to sent to another station. And what we
are doing like the shutters - you are right. Maybe in the job table appears
that it should be checked by a mechanical or electrical. And, you are right.
We are reviewing all of this and we are going to take care.
Commissioner Plummer: Sir, I am going to talk to it at budget time. If it's
another person or two in that department... Hey, if that's what it is, then
that's what it's got to be. I mean, we just can't, you know, I drive down the
street no building permits some places. It's crazy, it's absolutely crazy.
OK, Mr. Mayor.
Mayor Suarez: On item...
Commissioner Alonso: OK, yes. Questions. Mr. Ventura, or Gonzalez, or
whoever can answer this. These permits for plan review, is it going to apply
to single residences as well as... I have no problem if they were, you know
large development, big building. But, I cannot imagine a single residence
paying these kind of fees to have their plans reviewed.
Mr. Gonzalez: Right.
Commissioner Alonso: This is a service. We pay taxes in the City of Miami,
and I think that we deserve to have something available to us.
Mr. Juan Gonzalez: Commissioner, right. Commissioner, in answer to your
direct question is, yes, it does include single family duplexes. However, we
determine that the cost is very small compared, in other words, if you come in
for remodeling of a single family, if it's less than six hundred square feet,
all we are charging you is ten dollars. And, that ten dollars is to cover the
cost of the administrative review. In other words, any other permits will be
fifty dollars. But, that's all other commercial or any other heavier plans.
We've determined that the cost is very small compared to the work involved if
this inspector that he has to spent checking these plans. So the cost
increase 1s really not that great. Where, as somebody would come in with a
single family would, that permit would increase is ten dollar surcharge or ten
dollar charge increase and that's for... covers the review of the plans
examiners.
Commissioner Alonso: May I know what are you going to do with all this money
that you are going to get? What are the plans, how is going to be used?
Mr. Gonzalez: Right, Commissioner, remember we are an enterprise.
Commissioner Alonso: Additional personnel to get better services.
103 July 22,1993
Mr. Gonzalez: We hope so. Yes. Remember that we are enterprise fund. And,
we are short on personnel. We have a tot of our inspectors in the field
covering the storm damage. And, we, situations like your, the person you
know, Commissioner Plummer, is there is taking a little bit longer to check
the plans. We are checking them more thorough. Cause, you know, we all
understand the problems that happen after hurricane Andrew. And, we got new
computer systems. We are eliminating some of the job tables. Hopefully, some
new personnel will come out of this.
Mayor Suarez: Who is an enterprise fund?
Commissioner Plummer: Can I just say this. To me it's not...
Mayor Suarez: Wait, wait, wait, excuse me, Commissioner.
Commissioner Plummer: I am sorry.
Mayor Suarez: But, if I don't get an answer to this I'm really... Who is an
enterprise fund?
Mr. Gonzalez: Building and zoning is.
Mayor Suarez: The Building and Zoning Department is an enterprise fund?
Since when?
Mr. Odio: Since I can remember, Mr. Mayor.
Mayor Suarez: The Building and Zoning Department is considered outside of the
general operating budget of the City of Miami is an enterprise fund.
Mr. Odio: No, they are supposed to be self reve... They are supposed
generate revenue.
Mayor Suarez: All right, well, I've never agree with that...
Commissioner Alonso: They are self sufficient. That's it.
Mayor Suarez: ...either. But, certainly as to the solid waste, which I
consider an essential service as to building and zoning to the extent you can
recover in fees and charges...
Mr. Odio: That's what...
Mayor Suarez: ...as much as of your budget as possible. No problem with
that. An enterprise fund is an accounting term which means that you are
totally and independently run, semiprivate entity. That is not the Building
and Zoning Department of the City of Miami that I am aware of.
Mr. Gonzalez: No, no.
Mayor Suarez: You are part of the general operating budget of the City.
Commissioner Plummer: There is no... There is, none of the enterprise funds
to my knowledge, are that way in the City.
104 July 22,1993
Mayor Suarez: Yes, the Marina Enterprise Fund is an enterprise fund.
Commissioner Plummer: That's not run privately,
Mr. Odio: Certainly. They are in the budget. But, the problem is, they are
suppose...
Mayor Suarez: For purpose of budgeting it's like a, it's like a private fund.
Commissioner Plummer: Private company, like a private business.
Mr. Odio: They are, they are revenue generating facilities.
Mr. Gonzalez: Right, my building official, Mr. Ventura, says, the buildings,
the building permits have increase two thousand permits this year alone, up to
date.
Mayor Suarez: Who is the director of the Building and Zoning in the City of
Miami?
Mr. Gonzalez: Sergio Rodriguez.
Mr. Odio: Sergio Rodriguez.
Commissioner Plummer: Well, you know, it would seem like to me with the fear
that are being installed by the media in this Community, that you'd find some
way to expedite storm shutters. I mean, people are going bananas. Here they
are worried about another hurricane coming. And, every day you turn on the
television they blow up the two mile an hour breeze that is going to blow down
a hundred and fifty second street. The Herald headlines this morning, the big
blow was a hundred and fifty second street. And, yet, they are telling people
go and get storm shutters and they can't get permits. Something is wrong
here.
Mr. Gonzalez: I...
Mayor Suarez: Who is the zoning administrator in the City of Miami?
Mr. Jorge -Ventura: 1 promise to you that tomorrow...
Mayor Suarez: I guess he is not the one.
Mr. Jorge -Ventura: ...we are going to request only the (unintelligible) is
going to review the plans and zoning. That's all. The problem was it, that
it was in the job table, in the job table was put like a window or like
another thing. But, I promise to you...
Mayor Suarez: All right.
Mr. Jorge -Ventura: ...that we are going to take, and the requirement from the
shutters is something that the South Florida Building Code are requesting now.
Commissioner Plummer: OK, sir.
105 July 22,1993
Mayor Suarez: I would realty, very much strongly recommend to the Manager
that we have a building and zoning director and that that person be the same
as the building official. You are the building official under the South
Florida Building Code.
Mr. Jorge -Ventura: Yes, sir.
Mayor Suarez: OK, who is the zoning administrator of the City?
Mr. Jorge -Ventura: At this time is Mr. Juan Gonzalez.
Mayor Suarez: And, neither one of you is the Building and Zoning Director,
that is Sergio Rodriguez. So, we have three people doing what in most places
is done by one individual. Don't agree with that. Don't think it's good
management. All right, anything further on this item?
Commissioner Alonso: Yes, yes. Don't you think that these fees...
Mayor Suarez: Mr. Manager, wait, excuse me, I am sorry.
Commissioner Alonso: Yes.
Mayor Suarez: Mr. Manager, do you want to say... address that issue?
Mr. Odio: No, that there used to be five people running that department. It
is only three people.
Mayor Suarez: Do you think that we'll someday get to having one? Is that the
direction that you are going in with your administration?
Mr. Odio: I think that my administration has reduced staff substantially.
Mayor Suarez: I don't mean eliminating these folks. But, giving one person a
hold of those titles.
Mr. Odio: That's what I do now. I have assistant City Manager's that are now
functioning as directors. You used to have an assistant City manager, Mr.
Mayor, and a director and two assistant directors and a zoning administrator
and a zoning chief or whatever.
Mayor Suarez: But, it is important to have a department director, too. And,
if that person happens to be the one that has the faculties of building
official...
Commissioner Plummer: Yeah, but, the problem was when you issued all this
class c permits and all the rest of those damn things, no one person could do
all of them.
Mayor Suarez: ...on the South Florida Building Code and Zoning Administrator
under the various codes, that is extremely helpful. I am sorry I interrupted
you, Commissioner Alonso.
106 July 22,1993
Commissioner Alonso: No, it's OK. I have some questions. This last page if
an owner of a single family wants to file an application for a variance.
Let's say that individual acquired a home years back, and it had some zoning
violations and they have to come for a variance. They have to pay this amount
of money? Four hundred dollars.
Mr. Hector Lima: No, it's the same...
Commissioner Alonso: Regardless of price in the house, size. I think it's
very high.
Commissioner Plummer: Well, let's look at it another way. I think in
fairness. What does it cost the City to provide them with that which they
need, which they should have prevented themselves when they bought the house.
Irrespective, why should I in my home have to pay for the convenience of
somebody who wants a variance, which is something obviously that you are not
entitle to, why should I have to pay for it? They are the beneficiary, they
are the ones that are going to benefit. Why shouldn't they pay? Whatever it
cost the City to allow them to do what they want, they hope, if they win, they
should pay for it.
Commissioner Alonso: You know what they did in Coral Gables and in other
places all through United States?
Commissioner Plummer: I have no idea.
Commissioner Alonso: Preexisting conditions, they grandfather those. And,
people went through paying a certain fee once. Have the inspectors go by, pay
a fee to the City and make it legal. Rather than going through this exercise
and having these prices. I can understand if a person has, you know, a home
of a certain price up, or it's a building or it's a commercial site, I can
understand this. But, sometimes we get people here that can hardly pay for
that. We cite them with code enforcement, two hundred and fifty dollars a
day, and then on top of that, they hardly have the money to pay for it.
Mr. Hector Lima: Commissioner, Hector Lima, with Planning, Building and
Zoning.
Commissioner Plummer: Are we going to go into code enforcement?
Mr. Lima: The variance that you are reading in this ordinance...
Commissioner Alonso: No, your five millions, or fifty or sixty millions...
Commissioner Plummer: Somebody call me on the carpet. Is it true we have
sixty million in liens? Is that a true statement?
Commissioner Alonso: You say that every Commission meeting!
Commissioner Plummer: It's now seventy-two million dollars in liens.
Commissioner Alonso: He enjoys this. Doesn't he? '
107 July 22,1993
Mayor Suarez: At least it's not two hundred and sixty. You said two hundred
and sixty another time.
Mr. Lima: Commissioner, the variance that you are reading in this ordinance
has nothing to do with what you are stating. The variances that we have in
existence now for zoning is something else.
Commissioner Alonso: Well, this variance is for what?
Mr. Lima: OK, this variance is when they cannot meet the requirements of the
FEMA ordinance, that means that they cannot build above and elevation which is
based on a one hundred year flood. Then they apply for a variance.
Commissioner Alonso: This is only for FEMA?
Mr. Lima: Yes, Ma'am. This is not the regular variances that you are dealing
with.
Commissioner Alonso: Well, it doesn't say anything here, so.
Mr. Jorge -Ventura: Commissioner, another thing, another thing...
Commissioner Alonso: So, this is in a... for all other cases, do they pay a
fee?
Mr. Lima: No, if they cannot comply with the regulations of FEMA, then they
apply for a variance.
Commissioner Alonso: No, I mean, other cases. Forget FEMA. Don't forget
FEMA, we are alive because of FEMA. But, I mean doing business, regular
business.
Mr. Jorge -Ventura: The variance we are talking, the waiver and variance that
we are talking it is... let me explain to you. The variance and the waiver
that you are looking or... is only for the FEMA. FEMA before was charge by
Dade County...
Commissioner Alonso: Yeah, but, FEMA is now because we had Andrew and we
don't have... I am talking about other cases. They don't have to pay this
fee?
Mr. Jorge -Ventura: ...they regulate... No, let me explain 1t. Let me, let
me... No, they don't have to pay a fee only the cases. If it is another
variance they are talking about zoning ordinance...
Commissioner Alonso: Variance of, whatever, you know. We see them all the
time.
Mr. Jorge -Ventura: OK, that one is another thing.
Mr. Gonzalez: Yes, no, no, Commissioner. Zoning variances, yes, there is a
cost for the public hearing.
Commissioner Alonso: This is not in addition to that?
108 July 22,1993
Mr. Gonzalez: No, no, this is something separate.
Commissioner Alonso: Separate.
Mr. Gonzalez: Right, this is flood level. Right.
Commissioner Alonso: OK, fine. OK.
Mr. Jorge -Ventura: And, before it was charged by Dade County and they passed
it to all of the municipalities. The twenty six municipalities they are
charging that fee. Hialeah, Coral Gables, and all Dade County.
Commissioner Alonso: Aren't you glad we had a hurricane? OK.
Mr. Jorge -Ventura: And, what we are doing, what we are doing is enforcing it
now.
Mayor Suarez: OK.
Commissioner Alonso: OK, that's it for me.
Mayor Suarez: On item 5 we have a motion. Do we have a second, Madam City
Clerk?
Commissioner Alonso: This is 7.
Mayor Suarez: Seven, we are going backwards here.
Ms. Matty Hirai (City Clerk): No, we don't have a motion.
Mayor Suarez: I entertain a motion on item 7.
Ms. Hirai: Plummer, Dawkins, I'm sorry, Mr. Mayor, Commissioner Plummer moved
it.
Mayor Suarez: Do we have a motion and a second, or do we not.
Ms. Hirai: Yes, sir. Yes, sir, we do.
NOTE FOR THE RECORD: Vice Mayor De Yurre entered the
meeting at 2:58 p.m.
109 July 22,1993
';Aj)
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 2-75 AND 2-76 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
SECTIONS SET THE FEES FOR ZONING CERTIFICATED OF USE
AND FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR
COMPLIANCE WITH THE PROVISIONS OF ORDINANCE NO. 11000,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY ADDING AND DEFINING CERTAIN REQUIRED FEES,
TO COVER THE COST OF ENFORCEMENT OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND OF THE
SOUTH FLORIDA BUILDING CODE; FURTHER, AMENDING
ORDINANCE NO_. 11028, THE FLOOD DAMAGE PREVENTION
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ADDING NEW
SECTION 18 TO SAID ORDINANCE, THEREBY ADDING AND
DEFINING CERTAIN REQUIRED FEES FOR APPLICATIONS FOR
WAIVERS AND VARIANCES FROM THE PROVISIONS OF SAID
FLOOD DAMAGE PREVENTION ORDINANCE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
Passed on its first reading by title at the meeting of April 15, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11077.
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.
110 July 22,1993
15. SECOND READING ORDINANCE: AMEND ORDINANCE 6145, WHICH ESTABLISHED FEES
FOR BUILDING / PLUMBING / MECHANICAL (INCLUDING BOILER AND ELEVATOR)
INSPECTION / PERMIT / CERTIFICATE FEES -- TO ADD / INCREASE / REDEFINE
REQUIRED FEES TO COVER INCREASED COST FOR ENFORCEMENT OF SOUTH FLORIDA
BUILDING CODE.
------------------------------------------------------------------------------
Mayor Suarez: Looking at the board trying to determine what the next item is
that has not been handled.
Commissioner Alonso: It's eight. Item B.
Mayor Suarez: Item 8. All right, I entertain a motion on the second reading
of this ordinance. It was previously moved by...
Commissioner Plummer: I move it Mr. Mayor, with the same, same conditions in
my way of thinking. I know that I don't always prevail. But, I think that
the fees charged should be the fees that they cost the City to perform. These
people are not going to make any less profit. And, as far as I am concerned,
I think, I would hope that these fees equate very fairly to what it costs the
City to perform these fees. So, under that circumstances at least this is a
step in the right direction. And, I would hope that it will continue to
Increase to where - and level off - to where it's fair. I move it, Mr. Mayor.
Mayor Suarez: All right, that's a motion. Do we have a second? Second. Any
discussion? If not, please read the ordinance. Call the role please.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145,
ADOPTED MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
(INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND
CERTIFICATE FEES, BY ADDING, INCREASING AND REDEFINING
REQUIRED FEES TO COVER THE INCREASED COST FOR THE
ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE;
PROVIDING A PROCEDURE FOR FUTURE INCREASES OF SAID
FEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ill July 22,1993
Passed on its first reading by title at the meeting of April 15,1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor De Yurre, the Ordinance
was thereupon given its second and final reading by title and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11078.
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.
------------------------------- -----------------------------------------------
16. DISCUSS AND DEFER (TO SEPTEMBER 7TH MEETING) CONSIDERATION OF PROPOSED
SECOND READING ORDINANCE TO AMEND CODE ARTICLE IV OF CHAPTER 40 (PENSION
AND RETIREMENT PLANS), TO CREATE A SYSTEM OF RETIREMENT FOR ELECTED
OFFICIALS WHO HAVE HELD AN ELECTIVE OFFICE FOR THE CITY FOR 20 OR MORE
CONSECUTIVE YEARS.
Mayor Suarez: Yes, item 9.
Commissioner Plummer: Let the record reflect that I walked out of the
chambers. Right. Ah?
A. Quinn Jones III, Esq. (City Attorney): You don't have to say that.
Mayor Suarez: Well, actually you are an official abstention, I think.
Commissioner Plummer: Do I, I officially abstain. All right, well, I'll stay
in the chambers.
Vice Mayor De Yurre: Better if you go.
Commissioner Plummer: Ah?
Vice Mayor De Yurre: Better if you go.
Commissioner Plummer: Better if I go.
Mayor Suarez: For other reasons, not related to this item. All right, on
item 9, I entertain a motion, second reading.
112 July 22,1993
Vice Mayor De Yurre: I'll move it. But, I have a question on it.
Commissioner Dawkins: Second.
Mayor Suarez: Moved and seconded. Question from Vice Mayor De Yurre.
Vice Mayor De Yurre: Yes, are we adopting the law into our code or into our
system here, the Florida Law? Because it says here twenty years. But, are we
saying that 1t 1s going to be twenty years? When we are saying twenty years,
my understanding is because that is what the Florida Law says.
Mr. Cesar Odio (City Manager): Yes, sir.
Mr. Jones: That's what the Florida Law says.
Vice Mayor De Yurre: OK, so, are we adopting the Florida Law?
Mr. Odio: Yes, sir.
Mr. Jones: All the Florida Provision does is it provides a mandate that a
vehicle be created for this particular situation.
Vice Mayor De Yurre: OK, so we are following that mandate. For example, if
three years from now it changes from twenty to twelve, then we automatically
adopt the twelve.
Mr. Jones: You could, yes, you would have to amend it.
Vice Mayor De Yurre: We are, so, I am clear on that. Isn't that we are
saying that it's going to be twenty, and then we would have to change 1t, if
Florida is changed 1t. We are saying we are adopting the position of the
State of Florida, which right now reached twenty. If tomorrow it goes to
twelve and sixteen, and it automatically changes here in the City of Miami.
Mr. Jones: It's correct.
Vice Mayor De Yurre: OK, fine.
Mr. Jones: Well, this Commission would have to change it.
Mayor Suarez: Yes.
Vice Mayor De Yurre: No, no, no. That's what I am saying. Are we adopting
that law? Are we adopting whatever the State does?
Mr. Odio: You are adopting the State Law as 1t it today. If the State Law is
changed, you would have to bring it back here. Unless, you amend it now
saying that any time that the State Law changes...
Vice Mayor De Yurre: It automatically changes.
Mr. Odio: Fine, if you want... That's your prerogative.
113 July 22,1993
Vice Mayor De Yurre: That's what I wanted to read.
Commissioner Dawkins: I second it. I second along with the amendment.
Mayor Suarez: Moved and seconded, with the conditions stated to adjust to the
Florida Law 1f 1t changes. Could that be built into the wording, Mr. City
Attorney...
Mr. Jones: Yes, it can be.
Mayor Suarez: ... On second reading? I think that was the intent on first
reading. So, it's, that's not violated. Any discussion? If not, please read
the ordinance. Call the roll.
THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND
SECONDED BY COMMISSIONER DAWKINS, ITEM 9 (PROPOSED
RETIREMENT SYSTEM FOR ELECTED OFFICIALS WHO HAVE HELD
OFFICE FOR 20 YEARS OR MORE) FAILED BY THE FOLLOWING
VOTE:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Commissioner Miriam Alonso
Mayor Xavier Suarez
ABSTAINED: Commissioner J.L. Plummer
ABSENT: None.
Mayor Suarez: Item thirteen.
Commissioner Plummer: Excuse me, just for the record, Mr. City Attorney, I
understand that the vote is defeated. And, that means that this Commission
has not adopted that. Where does that leave the matter?
Mr. Jones: Well, you can always bring it back at a later date.
Commissioner Plummer: No, in other words, my question...
Mr. Jones: Right now, right now it's in Limbo.
Commissioner Plummer: ...my question has to be, is the City required to
adopt, or do they have the option?
Mr. Jones: Well, OK.
Commissioner Plummer: The wording that you explained before, is that it was
mandatory, not elective.
Mr. Jones: Correct, Commissioner, the Florida Statute specifically says that
a municipality shall create this fund for elected officials with twenty or
more consecutive years.
114 July 22,1993
Commissioner Alonso: How come it was not done before?
Mr. Jones: Well, that's a good question. I think, and, there are several,
there are several, to be honest with you, quite candid with you there are
several municipalities that just have not, for whatever reason, taken upon
themselves to enact this provision. It's a very little known provision. It's
stock away there. But, my...
Mayor Suarez: Do you have the wording of it handy?
Mr. Jones: Yes, I can get it for you. Hold on one second. In fact, Mr.
Mayor, I wrote an opinion May 14, 1993. And, if you want the exact wording,
1t says: "The intent, it's 1112048, voluntary retirement with half pay
authorized for elected officers of cities and towns appropriation. The intent
of the legislature is to authorize and direct each city and town to provide a
system of retirement for elective officials. But, it's further the intent
that each city or town may determine whether the system would be contributory
or non-contributory." My interpretation of this, and I have spoken with
several attorneys who are knowledgeable and excuse me, advise various pension
boards who are very familiar with this provision. And, they agree with me in
my interpretation that this clause that says that the legislature... is the
Intent to let the legislature to authorize and direct, makes it mandatory upon
the municipalities to establish this fund.
Mayor Suarez: Well, but if it's contributory?
Mr. Jones: It could be contributory or non-contributory.
Commissioner Plummer: Either way.
Mayor Suarez: If this Commission deemed that it was a good idea, but, wanted
it to make it contributory, then the only way to do it for someone who is a
sitting Commissioner would be to go back and assess them for many many years
of contribution, right?
Mr. Jones: I don't follow what you are saying.
Mayor Suarez: Contributory and non-contributory means that someone, that the
City can structure it so that the employee participates in that pension by
contributing to it.
Mr. Jones: Yes.
Mayor Suarez: If we've not put in place and we don't intend to require any
sitting Commissioners to go back and somehow put money into the system...
Mr. Jones: Uh-huh.
Mayor Suarez: ...to make it contributory. But, we otherwise want it to be
contributory. Then there is no way to take care of the people who are in
office now and who are not contributing all of those years. Is it?
Mr. Jones: Uh...
115 July 22,1993
1
Mayor Suarez: Could we make it contributory respectively and not contributory
retroactively for the ones that are here already? I mean...
Mr. Jones: I don't see...
Commissioner Dawkins: No, no, wait a minute, hold it, hold it. Let me ask a
question. It says contributory or non-contributory in plain English. Is that
right?
Mr. Jones: Yes, that's correct. It has to be one or the other.
Commissioner Dawkins: Has been said in plain English that if you contributed
Is fine. And, if you didn't and you are noncontributor is fine. So, now,
what's the problem?
Mayor Suarez: You can have my question, Mr. City Attorney , I don't really
know what Commissioner is saying.
Mr. Jones: Mr. Mayor, I think it has to be one or the other. I don't know
that you can deviate it.
Commissioner Dawkins: It is one or the other.
Commissioner Alonso: So, it's up to this Commission to decide which way?
Mr. Jones: You have to decide either if it's going to be a contributory plan
or a noncontributory.
Mayor Suarez: Which was it drafted as for the second reading today?
Mr. Jones: Let's see. I believe it's contributory, correct me if I am wrong.
Mr. Frank May: The ordinance is noncontributory.
Mr. Jones: It's non-contributory?
Mayor Suarez: I'll do this if it helps in any way. If you want to reconsider
the vote and postpone it for a second reading at another Commission meeting so
that we can study it a little bit.
Commissioner Plummer: Fine with me.
Commissioner Alonso: Yes.
Mayor Suarez: All right. Can someone who... move to reconsider?
Commissioner Alonso: I move to reconsider.
Mayor Suarez: Moved to reconsider, Commissioner Alonso. I'll second it.
Vice Mayor De Yurre: OK. Call the vote.
116 July 22,1993
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 93-478
A MOTION TO RECONSIDER AGENDA ITEM 9 (PROPOSED SECOND
READING ORDINANCE TO AMEND THE CODE TO CREATE A SYSTEM
OF RETIREMENT FOR ELECTED OFFICIALS WHO HAVE HELD AN
ELECTIVE OFFICE FOR THE CITY OF MIAMI, FLORIDA, FOR A
PERIOD OF TWENTY OR MORE CONSECUTIVE YEARS).
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSTAINED: Commissioner J.L. Plummer
ABSENT: None.
Commissioner Dawkins: Question, why are we reconsidering?
Commissioner Alonso: So that we can postpone it to...
Vice Mayor De Yurre: To keep it alive. To keep it alive.
Commissioner Dawkins: To keep it alive. OK, no further questions. I vote
yes.
Commissioner Alonso: Yes, to keep it alive.
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor De Yurre: Yes. Let me ask this. By the contributory or non-
contributory, you are saying that at the time that you have the twenty years,
you have to start paying into it?
Mayor Suarez: What's before...
Vice Mayor De Yurre: Well, then the question is then, you know how many
people get to twenty years.
Mayor Suarez: Yeah.
Vice Mayor De Yurre: Are you are going to start on day one? You may get to
four years, eight years, twelve whatever. And, then what happens to that
money?
117 July 22,1993
Mr. Odio: Well, I think that if you make it contributory, you have to start
contributing in to your pension fund from now on.
Vice Mayor De Yurre: And, if you don't get to the twenty years?
Mr. Odio: Then your monies will be there with interest and you take them with
you.
Vice Mayor De Yurre: And, that's all. So, it's a twenty year gamble. And,
you have to be kicking in for twenty years and you get nothing in return if
you don't get there.
Commissioner Alonso: That's what you do when you have a joint pension plan.
Vice Mayor De Yurre: It doesn't sound quite right.
Mayor Suarez: Would you Frank, brief someone from my staff...
Vice Mayor De Yurre: And, then in this case what? J...
Mayor Suarez: ...on it so that I have a better idea of how to vote next time.
I had not seen that wording. It does seem to be pretty mandatory. Yes.
Vice Mayor De Yurre: Mr. Mayor, then in J.L.'s case in order to apply to him
he has to throw in about twenty nine thousand dollars to catch up to what is
happening.
Commissioner Plummer: Yeah.
Mayor Suarez: We'll put a lien on his house.
Vice Mayor De Yurre: Miami Capital, Tony Crapp, you know.
Mayor Suarez: OK, do we need now to move to defer or to continue the item?
Commissioner Alonso: Continue.
Mayor Suarez: I entertain the motion to continue for the first meeting in
September.
Commissioner Alonso: So moved.
Vice Mayor De Yurre: Make it happen.
Mayor Suarez: So moved. Second reading. Second. Any discussion? If not,
please call the roll.
118 July 22,1993
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY VICE MAYOR DE YURRE, ITEM 9 (PROPOSED
RETIREMENT SYSTEM FOR ELECTED OFFICIALS WHO HAVE HELD
OFFICE FOR 20 YEARS OR MORE) WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSTAINED: Commissioner J.L. Plummer, Jr.
ABSENT: None.
17. DISCUSS AND DEFER (TO FIRST MEETING IN SEPTEMBER) PROPOSED SECOND
READING ORDINANCE RELATING TO SIDEWALK CAFES IN ORDER TO RETROACTIVELY
EXTEND TO FIVE YEARS THE WAIVER PERIOD FOR PAYMENT OF SIDEWALK CAFE
PERMITS IN COMMUNITY DEVELOPMENT TARGET AREAS.
Mayor Suarez: Yes, item 13 I believe, no?
Commissioner Plummer: I don't understand thirteen. Are we giving these
people a free ride?
Commissioner Dawkins: Yes.
Commissioner Plummer: Why?
Mr. Cesar Odio (City Manager): Because, you are trying to, I think the intent
is to try to bring back that area.
Commissioner Plummer: Oh, this is Citywide, isn't it?
Commissioner Alonso: Target areas.
Mr. Odio: Yeah, but, basically we are talking about target areas. And, we
need to have enhance that area. We need to promote, we need to have
incentives to bring back restaurant to open up sidewalk cafes. The same way
that we did with Coconut Grove.
Commissioner Plummer: Well, I thought we talked about the idea, as small as
it may be, or for nothing more control of small percentage. I mean is it to
give it absolutely free of charge?
Mr. Wally Lee (Assistant City Manager): Yes, sir.
119 July 22,1993
rh�
Commissioner Plummer: And, you are telling me the City is having financial
problems. I don't understand. Hey, I think it's a great idea, sidewalk
cafes.
Mr. Odio: Commissioner, but, if you, let's pick on Little Havana. If you
bring back the side walk cafes and they are successful, it's a domino effect.
Employment goes up. People come back to the area. They purchase in the area.
Commissioner Plummer: Why five years?
Mr. Odio: Because, that's, I think that's how...
Vice Mayor De Yurre: But, Mr. City Manager, in order for outdoor cafes to be
successful, and if you really want to be successful you have to commit the
police force to protect and make the streets safe. If not, nobody is going to
go there. Listen let be real about this. Do we have a plan than encompasses
the commercial area coming back along with police protection throwing in
everything else that can make it happen? Why do people go to Coconut Grove?
Why do people go to Cocowalk? Because they feel safe. You don't see anybody
there, you know, looking around that looks weird or anything like that.
They've got police all over the place.
Commissioner Plummer: Mr. Mayor, if it is to be a Christmas gift, I would
feel a lot better to with it being a one year. Let's try it.
Mayor Suarez: All right.
Commissioner Plummer: Because it's... Try it for one year. Because it's...
Mr. Joel Maxwell (Assistant City Attorney): This if I may, Commissioners.
The ordinance before you has a retroactive prevision in it. Wi11 make it
retroactive back to 1992, I believe.
Commissioner Plummer: Retroactive for what?
Mr. Maxwell: Well, there are some...
Mr. Odio: There are some businesses in the area that we have billed
substantial amounts of money. They can not afford to pay. If we force them
to pay, you will put them out of business. I don't think that's our
intention, we should not do that. So, we are really encouraging them to stay
on. And, I recommend this strongly, Commissioner. Because, that's what we
are doing.
Mr. Maxwell: And, the ordinance has a whereas clause in it that specifically
says that the initial ordinance has been determined to be for in effect, a
period of time because of the downtown and the economy right now. It allowed
for a one year waiver. That one year waiver has proven to be an insubstantial
period of time. So, this would extend the whole period retroactive to the
first ordinance expiration period for five years.
Commissioner Plummer: How do you say to the people of Coconut Grove, who are
paying a fee...
120 July 22,1993
Commissioner Dawkins: That's what I was ready to ask. Mr...
Commissioner Plummer: ...and ask us for the same treatment of others?
Commissioner Dawkins: Mr. City Attorney, isn't this discriminatory against
the people in Coconut Grove?
Commissioner Plummer: Well, it's absolutely discriminatory.
Mr. Maxwell: No, sir. I don't believe that it is. Because this particular
ordinance has a particular objective in mind. That is to aid areas,
economically deprived areas. That's why it only applies to...
Commissioner Plummer: Have you been down to the Commodore Plaza recently?
Mr. Maxwell: Yeah.
Mr. Lee: Pardon, sir.
Commissioner Plummer: Their businesses are hurting badly on Commodore Plaza.
Commissioner Alonso: Can you compare the success of the businesses in Coconut
Grove and Little Havana?
Commissioner Plummer: No, I can't compare the two. But, I can compare the
use of public space.
Commissioner Alonso: Can you compare that? Can you compare the areas, the
target areas, the success of Coconut Grove?
Commissioner Plummer: I mean it... What I am saying is that the use of
public space. They are getting in this ordinance absolutely free.
Commissioner Alonso: May I ask you a question please? When thirteen years
ago, sidewalk cafes started in Coconut Grove, were they given any kind of
incentives? Were they asked to pay what they pay today?
Commissioner Plummer: I can't answer that. I don't remember.
Mr. Maxwell: No, it wasn't as high at that time. Twenty dollars... The
twenty dollars square foot charge wasn't in place at that time.
Commissioner Alonso: I like to know. Because they were started thirteen
years ago, and they were given opportunities. Infrastructure was placed.
They were given ample opportunities to develop. They were given incentives to
come. Why shouldn't other areas of Miami be given the same opportunity to
grow? It seems to me fair. Other areas need some help. We talk about
economic development, but, then when it comes the time to make a decision...
Commissioner Plummer: Well, the problem is...
Commissioner Alonso: ...then we don't want. Do you know how many sidewalk
cafes exist in Little Havana?
121 July 22,1993
Commissioner Plummer: One.
Mayor Suarez: One.
Commissioner Alonso: One.
Commissioner Plummer: Well, they tried the second one. But, it didn't work.
Commissioner Alonso: One. You know why? Because he is having a hard time
trying just to keep the sidewalk cafe. And, he has made a commitment.
Mayor Suarez: All right, if it has a limited application, it is not going to
create any great revenues either way or the other...
Commissioner Alonso: It's not going to cost the City. It's to see if it...
You know...
Mayor Suarez: ...if we are being told it's legal, it's just a matter of...
Commissioner Plummer: Well, the thing, Mr. Mayor, is...
Mayor Suarez: ...whether you think it will have a domino effect or something.
And, it will be taken by people to mean that we are somehow going to now try
to expand it Citywide, which we can not afford to do. But, we can certainly
afford it to that area.
Commissioner Plummer: ...can I acquire why you did not give the person on
Biscayne Boulevard and Flagler a permit to have sidewalk cafes?
Mr. Maxwell: I can...
Mr. Lee: Go ahead.
Mr. Maxwell: We were consulted on that, Commissioner. And, Biscayne
Boulevard 1s a State road, State road.
Commissioner Plummer: No, no, I am talking about the City public right-of-
way.
Mr. Maxwell: No, still, Biscayne Boulevard is a State road and the right-of-
way encompasses the side walk as well as the State control. Even though it is
maintained by the City. And, it falls under a particular State Statute that
prohibits commercial activity in the right-of-way. That's why we couldn't do
it on Biscayne Boulevard. Nor can we do it in fact on southwest eight street
on that side of the street. Nowhere on the City on a State road do we allow
sidewalk cafes.
Commissioner Dawkins: But, if you did it on southwest eighth street, off of
southwest eight street, which would be, I guess fourteenth, that we are
talking about E1 Pub, that would be fourteenth I think...
Mr. Maxwell: That would be permitted. That would be permitted.
Commissioner Dawkins: If we do it on fourteenth, right?
122 July 22,1993
Mr. Maxwell: That's correct.
Commissioner Dawkins: Well, why can't you do it on Flagler off of Biscayne.
Flagler is not a State road?
Mr. Maxwell: I was not asked that question, sir. I was asked...
Commissioner Plummer: Southwest eight street is U.S. 41.
Commissioner Dawkins: But, he said you could do 1t off of eighth of U.S. 1,
on the side. But, by...
Mr. Maxwell: No, you can not do it on southwest eight street. You have to do
it off on the side.
Commissioner Alonso: On the side.
Commissioner Dawkins: ...the same token, J.L. Biscayne Boulevard would be a
State road so we can do it, they can sit on Flagler.
Mr. Maxwell: We in fact do have sidewalk cafes, Commissioner, on Flagler
Street. We have them already, at least one anyway, a Boston Subshop.
Commissioner Plummer: OK.
Commissioner Dawkins: Well, that guy... But, whomever he is talking about on
Biscayne and Flagler could set one up on the Flagler side...
Mr. Maxwell: That's correct.
Mr. Lee: Yes.
Commissioner Dawkins: ...But, he couldn't come around on Biscayne Boulevard.
Mr. Maxwell: Yes, sir.
Mayor Suarez: OK. On the item before us, do we have a motion?
Commissioner Alonso: I move that we approve.
Mayor Suarez: So moved. Second?
Commissioner Plummer: Jingle Bells, Jingle Bells.
Mayor Suarez: Want to change the period to justify his concern?
Commissioner Alonso: He wanted one year. And, to tell you the truth, the
reason the Administration has this ordinance in front of us is in order to
avoid that the restaurant is closed because...
Mr. Odio: We, we...
123 July 22,1993
Commissioner Alonso: ...of the amount of money that he will have to pay.
And, this goes back to 192 or something like that.
Mr. Odio: An additional problem, Commissioner, has been the rebuilding of
eighth street.
Commissioner Alonso: He will have to pay twenty-eight thousand dollars, I
think 1t is.
Commissioner Plummer: Well, Mr. De Yurre made a very, very good point.
Mayor Suarez: So, what sense... what period does it make sense?
Commissioner Alonso: So, what we are doing is, I think they are having this
length of time in order to cover some of the...
Mr. Odio: Because it is retroactive. You are really putting it into effect
from now on. No, really. That is what you are doing.
Commissioner Alonso: ...retroactive. It comes from what year? Ninety-two?
Commissioner Plummer: I hope that if I ever owe the City money, you will
retroactive and let me off the hook.
Commissioner Alonso: You know what we should do? We should maybe defer this
item and allow that these people come and talk in front of us. And, tell us
why this ordinance is important. And, maybe some of the fellow Commissioners
will understand the importance of it. Don't you think so?
Mr. Odio: But you are really only passing this ordinance for three years.
Two retroactive and three years.
Mr. Lee: That's a good solution.
Commissioner Alonso: Maybe that's the best... Defer the item and let them
come.
Mr. Lee: That would be very acceptable, Commissioner.
Commissioner Alonso: Yeah. I move that we defer this item.
Commissioner Plummer: Fine.
Vice Mayor De Yurre: But, I don't think we need to defer. I think we
understand the ramification of this matter. The thing is whether we want to
go three years or two.
Commissioner Alonso: But, well, Commissioner would like to have it less than
five years.
Mr. Odio: It's really, it's really three years they are doing, two
retroactive.
Commissioner Plummer: Three years in advance.
124 July 22,1993
J
Vice Mayor De Yurre: Well, that's fine.
Mayor Suarez: Two retroactive and three in advance. Is that acceptable?
Commissioner Plummer: Well, the two you will let off the hook.
Mr. Maxwell: That's what you have now.
Commissioner Plummer: How many... Excuse me, how much money are you letting
them off the hook?
Mr. Lee: Twenty-seven thousand dollars.
Commissioner Plummer: Twenty-seven thousand dollars you are giving as a gift.
And, if that is for two years, then I assume that it is at least thirty-five
thousand that you are going to give them free in the future.
Mr. Odio: I, I...
Commissioner Plummer: I, I, you know, I am sorry. I like the man. I eat in
his restaurant all the time. But, I just don't think he...
Commissioner Alonso: You mean we are doing this because of a man?
Commissioner Plummer: No, no, no.
Commissioner Alonso: We are doing this because of a community. Community
Development means you do something for the area.
Commissioner Plummer: No, excuse me, Madam Commissioner, the two years that
you are letting him off the hook is for the man, because nobody else
qualifies. Just he. There is no other sidewalk cafes there.
Mr. Maxwell: No, but, it will also apply to any, any prospective...
Commissioner Alonso: This Commission started that in order to create an
incentive.
Mr. Maxwell: ...for sidewalk cafes.
Commissioner Plummer: Excuse me, the retroactive aspect of it only applies to
him. It cannot apply to anyone else.
Mr. Odio: It only applies to one restaurant.
Commissioner Plummer: That's it. The man, OK.
Mr. Odio: And, then... But, now you will have many more to come back.
Commissioner Alonso: I will move that we defer this item and give some
thought.
Commissioner Plummer: OK, go ahead. Whatever you want.
125 July 22,1993
AY )
Commissioner Dawkins: I second.
Mayor Suarez: Moved to defer. Seconded. Any discussion on the motion? If
not, please call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND
SECONDED BY COMMISSIONER DAWKINS, ITEM 13 (PROPOSED
WAIVER OF SIDEWALK CAFE PERMIT FEE IN COMMUNITY
DEVELOPMENT TARGET AREAS) 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.
Commissioner Plummer: Excuse me, they are asking to defer until when?
Commissioner Alonso: September meeting the second.
Commissioner Plummer: First, the first?
Commissioner Alonso: Right?
Mr. Maxwell: September, the next meeting, the second meeting in September.
------------------------------------------------------------------------------
18. FIRST READING ORDINANCE: AMEND CODE SECTION 2-75, THEREBY ASSESSING A
LATE PAYMENT PENALTY FOR THE CERTIFICATE OF USE RENEWAL FEE.
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Mr. Cesar Odio (City Manager): This is to assess a late penalty charge on
certificates, on occupational licenses, I am sorry.
Commissioner Alonso: Move it.
Mayor Suarez: So moved. Do we have a second?
Commissioner Plummer: Yes. Thank you.
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
Call the roll.
126 July 22,1993
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE
CITY OF MIAMI, AS AMENDED, THEREBY ASSESSING A LATE
PAYMENT PENALTY FOR THE CERTIFICATE OF USE RENEWAL
FEE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title 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.
------------------------------------------------------------------------------
19. FIRST READING ORDINANCE: AMEND CODE SECTIONS 12-3 AND 31-35, TO CONFORM
WITH FLORIDA STATUTES 849.15-23 -- TO REQUIRE A SWORN AFFIDAVIT FROM
OWNERS OF AMUSEMENT VENDING MACHINES TO THE EFFECT THAT SUCH MACHINES
ARE NOT UNLAWFUL.
Mayor Suarez: Item 15.
Commissioner Alonso: Move it.
Mayor Suarez: So moved.
Commissioner Plummer: Can I ask a question on this? These are like slot
machines?
Mr. Cesar Odio (City Manager): Well, some of...
Commissioner Plummer: Are they even legal to begin with?
Mr. Odio: Some of these vending machines have been used illegally, as
gambling. They have been used for gambling purposes.
Commissioner Alonso: That's the point. That's the idea.
Commissioner Plummer: Well, there was one in my barber shop and they took it
out because it was deemed to be a gambling device. Are we legalizing by
issuing these ...
127 July 22,1993
Commissioner Alonso: No, on the contrary.
Lt. Joseph Longueira: No, sir. What's happening is that you have a vendor -
like, that sells vending machines or leases them.
Commissioner Plummer: Yeah.
Lt. Longueira: He goes to a business and he says, set up two or three of
these machines in your store and we'll split the business, let's say. But,
what happens is that's a gambling device by State Law that they are installing
it. The State Law requires a certain way to reset the number of replays that
you get and things like that. Well, he is in violation of State Law with that
machine. Well, the poor store owner installs it, and then we walk in and we
cite him for running a gambling machine. So, what we want is, we want, when
they come to get a permit on each machine, they have to bring the picture of
the machine, they have to sign an affidavit that this machine meets the State
requirements. And, that they know what the State requirements are so that the
poor store owner doesn't get caught in this trap with us.. And, we want to lay
it on the people that are putting the machines out there. Put more pressure
on them, when they come to get the license for these machines. It is not the
store owners who get the license. It's the company putting them out there.
Commissioner Plummer: It seems like... You know in the old days of the
Mafia, you just go in there and take the machine out. If It's an illegal
machine...
Lt. Longueira: If you go to the Property Bureau under I-95 where all those
cars are, you'll see three hundred machines. We've had some like seventy
arrest in the past two years. Seventy, eighty arrests for this type of
violation.
Commissioner Dawkins: The machines give off free plays, or the machines give
off money?
Lt. Longueira: They give off free plays. But, what happens, sir, Is you go
and they do betting on the side through the business, see and the free plays,
so...
Commissioner Dawkins: So, but if, and... who sees them betting on the side?
Lt. Longueira: Well, I guess in the cases where we make arrests, we have
personnel at work on those cases.
Vice Mayor De Yurre: But are you telling me then, that that is going to
curtail the betting process here? Cause I can bet with you that the next
person that comes through that door is going to look like X, Y or Z. And, we
put money on it.
Lt. Longueira: Well.
Vice Mayor De Yurre: I fail... you can play cards. Are you going to prohibit
card playing?
128 July 22,1993
Commissioner Dawkins: Domino playing.
Vice Mayor De Yurre: Domino playing?
Lt. Longueira: The alternative is to ignore it. Then we'll just keep
arresting the owners. What we are doing is trying to put the burden on the
people putting the machines on the street.
Vice Mayor De Yurre: Yeah, but you are telling me, there are two things here.
One thing is that you get a free game, and the other thing is that you bet.
Now, is the illegality of the machine is that you are getting a free game, or
that you are betting on the side? What makes it illegal?
Lt. Longueira: Both, because the machine itself is a violation of the number
of free games that you are allowed to give.
Vice Mayor De Yurre: How may are you allowed to have?
Lt. Longueira: I don't have it right now. I think it is one or two, but I
would have to check. I can make a call.
Vice Mayor De Yurre: One or two a day, or one or two an hour?
Lt. Longueira: No, no, on that cycle. But, I can call and get you the answer
real quick if you want to. We can come back to it.
Vice Mayor De Yurre: Are you talking about pinball machines or are you
talking about the computer games?
Commissioner Plummer: Cards.
Lt. Longueira: These are all the new computerized type games.
Vice Mayor De Yurre: Because I thought that free games depends on your
ability to get enough X-number of points.
Lt. Longueira: No, they...
Commissioner Plummer: No, it's not game of skill. The ones that I've seen
have cards, like poker. OK.
Lt. Longueira: Right, they are like poker games, things like that.
Commissioner Plummer: And, you push the buttons and it stops the wheel.
Lt. Longueira: Right.
Commissioner Plummer: And you read your poker hand and, based on your pocker
hand, they give you so many replays. But, what they do is, you put a dollar
bill in this thing to start the wheel. All right, then depending on the
amount of replays, when you want to stop, the man comes there, and if you have
ten replays, he gives you ten bucks. There's no skill involved.
Vice Mayor De Yurre: So, you get money out of it.
129 July 22,1993
Commissioner Plummer: He pays you the money back. You put money in it. The
machine takes dollar bills.
Mr. Odio: You've been playing it.
Commissioner Plummer: Not me, I watch the damn fool put all his money in
there.
Vice Mayor De Yurre: So, there is no gamble. They lose it automatically.
Commissioner Plummer: I am the damn fool when it comes to Lotto. Huh?
Vice Mayor De Yurre: There is no gamble. They lose 1t automatically.
Commissioner Plummer: So, J.L. Plummer is the one who told you guys this one
is doing it.
Commissioner Plummer: No, that ain't true.
Commissioner Dawkins: Well, you said you saw it. And, he says somebody
told him.
Commissioner Plummer: No, they took it out. No, the one in the barber
shop...
Lt. Longueira: The original request, one of them, we got from Commissioner De
Yurre.
Mayor Suarez: All right, on the item in hand.
Commissioner Plummer: Well, it's obviously, of the strong case been made by
the police department, they need this to make their case. I don't really
think it's necessary. But, they do. So, I'll move it.
Mayor Suarez: All right.
Commissioner Alonso: It's already moved.
Mayor Suarez: I am sorry. It's been moved. Moved and seconded. Any
discussion? If not, please read the ordinance.
Commissioner Plummer: The old days, they go in there with sledge hammers and
bust them up.
Mayor Suarez: Call the roll.
130 July 22,1993
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 12-3 AND 31-35 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CONFORM WITH FLORIDA STATUTES 849.15 - 849.23. AND TO
REQUIRE A SWORN AFFIDAVIT FROM OWNERS OF AMUSEMENT
VENDING MACHINES TO THE EFFECT THAT SUCH MACHINES ARE
NOT UNLAWFUL IN ACCORDANCE WITH SAID STATUTES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title 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.
------------------------------------ ----------------------------------------
20. FIRST READING ORDINANCE: AMEND CODE SECTION 18-52.1(h) -- TO ADOPT
PROCUREMENT PROCEDURE IMPLEMENTING LOCAL PREFERENCE PROVISION OF THE
CITY'S CHARTER -- TO AUTHORIZE THAT WHEN A LOW BID IS RECEIVED FROM A
NON -LOCAL VENDOR WHEN CONTRACTING FOR PERSONAL PROPERTY / PUBLIC WORKS /
IMPROVEMENTS, THE COMMISSION MAY OFFER TO A RESPONSIBLE AND RESPONSIVE
LOCAL BIDDER THE OPPORTUNITY OF ACCEPTING A CONTRACT AT THE LOW BID
AMOUNT, PROVIDED SAID LOCAL BID DOES NOT EXCEED THE LOW BID BY MORE THAN
10%.
Mayor Suarez: Item 16.
Mayor Suarez: Sixteen.
Commissioner Plummer: Seventeen is withdrawn.
Mr. Cesar Odio (City Manager): This is the ordinance making changes on a low
bid when a low bid is received from a non -local vendor.
Commissioner Dawkins: Move it.
Commissioner Alonso: Second.
131 July 22,1993
Mayor Suarez: Moved and
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
seconded. Any discussion?
If not, please read the
AN ORDINANCE AMENDING SECTION 18-52.1(H) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADOPT A
PROCUREMENT PROCEDURE IMPLEMENTING THE LOCAL
PREFERENCE PROVISION OF SECTION 29-A OF THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
AUTHORIZING THAT WHEN A LOW BID IS RECEIVED FROM A
NON -LOCAL VENDOR WHEN CONTRACTING FOR PERSONAL
PROPERTY, PUBLIC WORKS OR IMPROVEMENTS, THE CITY
COMMISSION MAY OFFER TO A RESPONSIBLE AND RESPONSIVE
LOCAL BIDDER THE OPPORTUNITY OF ACCEPTING A CONTRACT
AT THE LOW BID AMOUNT, PROVIDED THAT THE ORIGINAL BID
FROM THE LOCAL VENDOR DOES NOT EXCEED 110 PERCENT OF
THE LOW BID; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Alonso and was passed on its first reading by title 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.
------------------------------ ---------------------------------------
21. EXPRESS INTENT OF CITY TO ADOPT / ADMINISTER CABLE TELEVISION
REGULATIONS CONCERNING RATES FOR THE BASIC SERVICE TIER, WHICH ARE
CONSISTENT WITH REGULATIONS PRESCRIBED BY FEDERAL COMMUNICATIONS
COMMISSION (FCC).
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Commissioner Plummer: What does this one do?
Mr. Cesar Odio (City Manager): This, we got to comply with Federal Law.
And...
132 July 22,1993
Commissioner Alonso: But, it means that we will control the rates.
Sue Smoller: That's right. For basic service, installation, anything that
has to do with basic service, you will control the rates again.
Commissioner Plummer: We don't now?
Ms. Smoller: We do not now.
Commissioner Alonso: We do not now. So, it's very good that we have control.
Ms. Smoller: Oh, yes, very much.
Commissioner Alonso: This is what we've been waiting for.
Ms. Smoller: Yes, exactly.
Commissioner Alonso: So, I so move.
Mayor Suarez: So moved. Second.
Commissioner Dawkins: Under discussion. You know, why are we going through
this? I was here when the cable company first came in. This Commission set
up and made all kinds of regulations and all kinds of rules. And, every time
you looked up, every other meeting, the cable company was in eliminating those
rules that you had set up. And, now you are going through this again.
Ms. Smoller: Sir, Commissioner Dawkins...
Commissioner Dawkins: No, you just work there. I am talking to my fellow
Commissioners.
Ms. Smoller: Oh, OK.
Commissioner Plummer: Well, the difference is back then we set the
regulations. These are the Feds.
Ms. Smoller: Exactly. Exactly.
Commissioner Plummer: That's the difference.
Commissioner Dawkins: What's the difference, J.L.?
Commissioner Plummer: Back then the regulations that they broke here, we made
here. These here are basically regulations and given the opportunity by
Federal regulations.
Commissioner Dawkins: Adopt and administer cable television regulations. It
doesn't make sense. But, go ahead.
Mayor Suarez: OK, call the roll, then.
Ms. Smaller: This...
133 July 22,1993
Commissioner Plummer: It just gives you a vehicle to move with.
Mayor Suarez: Read the ordinance please. It's not an ordinance. Call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-479
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF
MIAMI TO ADOPT AND ADMINISTER CABLE TELEVISION
REGULATIONS WITH RESPECT TO THE RATES FOR THE BASIC
SERVICE TIER THAT ARE CONSISTENT WITH THE REGULATIONS
PRESCRIBED BY THE FEDERAL COMMUNICATIONS COMMISSION
FOR REGULATION OF THE BASIC SERVICE TIER.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------- ------------------------------------------ -------
22. AUTHORIZE CONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI), WHICH
PROVIDES FUNDING AT A LEVEL EQUAL TO 3112THS OF $500,000 TO THE EXISTING
REVOLVING LOAN FUND AND 3/12THS OF $250,000 FOR ADMINISTRATIVE
OPERATIONS -- ISSUE TO COME BACK AT THE SEPTEMBER MEETING.
Mayor Suarez: Yes, item 21.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: The only question I have is, it seems that you are
providing money of a half a million, a quarter of a million is an awful lot of
expenses, administrative expenses. But, why is the administrative expense so
high?
134 July 22,1993
r� !
Mr. Tony Crapp: Commissioner Plummer, relative to the issue about the half a
million dollars. That half a million dollars will be added to the existing
City Revolving Loan Fund, OK.
Commissioner Plummer: To the existing, that I have no problem. OK. But, the
question I have, why is it two hundred and fifty thousand dollars
administrative cost? That's my question.
Mr. Crapp: OK, the two... OK, our total administrative budget is seven
hundred and eighty-six thousand eight hundred and fifty dollars for the
current fiscal year that we are in now. The City of Miami, the subsidy, will
fund thirty-two percent of that total administrative budget. The other sixty-
eight percent is generated by the program income that's generated from the
servicing that originates some loans. The subsidy is necessary because our
operation is not a hundred percent selfsustaining in terms of funding the
administrative cost.
Commissioner Plummer: OK, what did we give you last year?
Ms. Crapp: Two -fifty, the same amount, sir.
Commissioner Plummer: All right, I'll vote for it today. But, I would like
to see a total breakdown of what operational expenses are, with a column
showing how much they are. It's just, seven hundred thousand dollars for
operation was an awful lot of money.
Commissioner Alonso: I'd like to ask some questions about the Board of
Directors. Who appoints the Board of Directors?
Mr. Crapp: The Board of Directors, Miami Capital is a private not -for -profit
corporation. The Board of Directors is reappointed on an annual basis, on an
annual election process.
Commissioner Plummer: By who?
Mr. Crapp: It's basically a self-perpetuating process in that the Board
appoints a nominating committee that reports...
Commissioner Dawkins: They do.
Mr. Crapp: ... at the annual meeting. And makes the recommendation of the
recommended state of Board members and officers.
Commissioner Alonso: When was the last time that new members where appointed
to this Board?
Mr. Crapp: I believe that in our last annual meeting, that we had a couple of
vacancies. We have had some new members within the last year or a year and a
half appointed to the Board.
Commissioner Alonso: How many?
Mr. Crapp: I don't have the figure exactly here. But, I believe maybe one or
two members have joined the Board as new members in the last year or so. i
135 July 22,1993
Commissioner Alonso: What I would like to see is a new...
Commissioner Plummer: How many on the Board?
Commissioner Alonso: Fifteen, I believe, sixteen.
Mr. Crapp: Our Board is composed of nineteen members. Fifteen voting
members, four ex-officio members. So, in total nineteen member Board.
Commissioner Alonso: Nineteen. Nineteen, OK. What I really would like to
see, because I believe that Miami Capital needs new blood, it needs some
changes. I think the feeling in the community is that there is a degree of
frustration with the process. And, perhaps new blood will enhance what Miami
Capital can do. I, for myself, would like to propose to this Commission.
And, then the City Attorney will have to let me know if we have the power or
what we have to do in order to get this done. I'd like to see a new Board of
Directors at Miami Capital. And, we suggest the names. I think we should
have a more active role in Miami Capital. I don't think we have been involved
enough in the process. And, I think that it's going to be a very healthy, new
move to the right direction. I think you, yourself, are much more involved
now than you were before. You have more powers. So, I think that's a
positive move. And, I'd like to see... Is it possible for us to do this? -
To suggest that it is done? Do we have to change the ordinance? Or, what do
we have to do?
A. Quinn Jones III, Esq. (City Attorney): Dr. Alonso, the way... No. It's
not a creation of City Code or whatever. It's a, as Mr. Crapp indicated, it's
a private, not -for -profit organization.
Commissioner Alonso: Created by ordinance of this Commission, wasn't it?
Mr. Jones: No, I don't think so. Because it's...
Mr. Crapp: No, Ma'am.
Commissioner Alonso: How was it done?
Commissioner Plummer: Well, what happens if we don't give them the money?
They are going to be out whistling Dixie.
Commissioner Alonso: That's a very good question.
Mr. Frank Castaneda: Yeah, it's...
Commissioner Plummer: Well, I'll tell you. Let's find out. I move to deny
the five hundred thousand dollars. Let's find out who and why.
Mr. Castaneda: Commissioners, it was 501C-3 corporation created by the City
of Miami. And, basically it was created at the time by Julio Castano and Tony
Crapp, as employees of the City of Miami the Department of International Trade
and Promotions.
136 July 22,1993
Commissioner Plummer: The bottom line that the Commissioner asked is, do we
have the right to name the Board or not?
Mr. Jones: No.
Mr. Castaneda: You don't but...
Commissioner Plummer: You are saying no.
Mr. Jones: To make recommendations.
Mr. Castaneda: ... but, I am sure that we can arrange something.
Commissioner Alonso: Well, what I am saying...
Commissioner Plummer: Oh, I am sure we can arrange. We control your budget,
do we not?
Mr. Crapp: Commissioner, let me, if I may respond. Originally...
Commissioner Plummer: Is this Mr. Crapp, the former director?
Mr. Crapp: Yes, sir, I am Mr% Crapp. Originally when Miami Capital was put
together and I was with the City of Miami, at the time, in the Office of Trade
and Commerce Development. It was created based upon a model of some
similarities that existed, one in Philadelphia in particular. It was
originally created as a private not -for -profit corporation. But, it was a
quasi -public entity, in that the original articles of the corporation did
provide that the City of Miami did originally have the right to appoint a
majority of the members of the Board of Directors. Over a period of time, we
have been in operation for twelve years now, in recognition of some concerns
regarding the need for this type of lending process to be somewhat detached
from a political process to be de -politicized, we got to the point now
where...
Commissioner Alonso: Was it the...
Mr. Crapp: Well, what, I am just saying, I am just saying the history of it.
Commissioner Alonso: Was it...
Mr. Crapp: The current articles of the corporation, the Miami Capital is
structured such that all fifteen of the voting members, OK, there are no
appointments, there are no provision in the articles right now, for the City
to appoint members of the Boards. I am just saying that that has changed from
the original to what it is now.
Commissioner Dawkins: OK, but Mr. Crapp, what the Commissioner De Yurre - I
mean, Alonso, hasn't been here as long as me and fighting this as long as me.
I've said the same thing she said ten years ago. It doesn't make sense for
one man to have been president and chairperson of Miami Capital for thirteen
years. It doesn't make no sense in the world for the individual who is the
chairman of the whatever, of the loan committee, to have been the chairman or
whatever it is for ten years. It does not make any sense for the secretary to
137 July 22,1993
be the secretary for X number of years. They are perpetuating themselves.
And, all we are saying up here, and I think the consensus of the majority of
us here is, find a way to change it so that people do not perpetuate
themselves there. We don't care how it's done. We are not going to dictate
to you how it's done. Because, we are not going to violate any laws, but, we
will cut off your money if you can't find a way to do it.
Mr. Crapp: Commissioner, we understand.
Vice Mayor De Yurre: Let me...
Commissioner Plummer: Let me, let me ask you this question. How much unused
funds are you presently sitting on? '
Mr. Crapp: Currently, Commissioner, as of the, as of the end of our fiscal
year, June 30th, we had uncommitted funding of approximately four million
dollars. Two million dollars...
Commissioner Plummer: And, why are we giving you more money, another half a
million if you round up with four million you didn't need?
Mr. Crapp: Because, we have a variety of program that we... and all four
million dollars of that is not available in the City of Miami. CDBG
(Community Development Block Grant) funding is two million dollars.
Mr. Cesar Odio (City Manager): Two million dollars are for South Kendall.
Mr. Crapp: Right, we have two million of dollars of that is for a program
that we received funding for South Dade.
Commissioner Plummer: OK, two million dollars. Why would we be giving you
more money now, if you have two million dollars for the City of Miami that you
didn't use in the previous year?
Mr. Crapp: Commissioner...
Commissioner Dawkins: I think we give it to them simply because they know we
are going to have people who come in here asking for money and get a loan and
we got to help people get in business. If we are just going to sit there and
say to people that we have two million dollars, anybody else with any new
ideas come in, we don't have any money...
Commissioner Plummer: How much...
Commissioner Plummer: So, that's why we keep upping the ante so that it will
be available to help other people who come in who may need help.
Commissioner Plummer: How much money did you actually Issue this year out in
loans?
Mr. Crapp: In new loans this year we did one point two million dollars in new
loans. At June 30, we had another two million dollars in loan commitments
pending closing.
138 July 22,1993
Commissioner Plummer: But, that's on South Dade.
Mr. Crapp: No, sir. That's total program.
Commissioner Plummer: Two million more.
Mr. Crapp: Yes, sir.
Commissioner Alonso: How many loans you gave last year?
Mr. Crapp: Well, it was one point two, one point two million dollars in new
loans the first...
Commissioner Alonso: How many loans? How many, actually, how many?
Mr. Crapp: Number of loans, I don't know the exact number of hand. I can
give you that figure. But, probably between, maybe, ten and fifteen loans
that that represents.
Commissioner Alonso: And, the year before?
Mr. Crapp: Again, I have to get the exact figures. But, I think that the
year before, we lent, directly disbursed about three million dollars. Because
since I've been there...
Commissioner Alonso: The year before?
Mr. Crapp: ...well, over the past three years, we have lent, over seven
million dollars disbursed in new loans.
Commissioner Alonso: And, how much money has been recovered, paid up, let's
say in the past three years? And, what is the percentage of the number of
loans that were given and the ones that were repaid?
Mr. Crapp: OK. Commissioner, those are all figures that we have. We do an
annual accounting in terms of our performance of our portfolio. And, we can
put that together for you.
Mayor Suarez: Give us a nice idea of the number of loans outstanding that
are... what is the terminology?
Commissioner Dawkins: In default.
Mayor Suarez: Performing and in default, etc. Mr. Gonzalez-Goenaga, we don't
need your comments. Performing, non -performing, etc. That is what the
Commissioner want to know.
Mr. Crapp: All right, I'll give you. I'll give you our figures. Yes, sir,
we have as of June 30, six point seven million dollars in outstanding loans.
And, of that outstanding loans, we have seventy-seven point eight percent
which are being paid on a current basis. That's about five point two million
dollars worth of loans.
Commissioner Alonso: Is this have anything to do with Andrew ?
139 July 22,1993
Mr. Crapp: I am sorry?
Commissioner Alonso: It has anything with the hurricane that we had and
properties were paid and as a result of that, you had a high return that
average. Let's say, the previous year, how do you compare, the year before?
i Mr. Crapp: Well, we've had some experience in terms of the aftermath of
Hurricane Andrew with some businesses that received some payoff from insurance
proceeds to come and payoff some loans that they had outstanding. So, we've
had an increase in the number, in the amount of loans paid off, probably this
' year, on the order of somewhere a little bit less than a million dollars. So, i
right now we are showing, from inception to date, in our history of our
portfolio, we've had five point two million dollars in loans fully repaid.
Commissioner Plummer: You know the thing that's bothering me if I understand
your numbers correctly, I am reading into this that your administrative cost
are roughly thirty two percent of your last year portfolio. Is that in the
ball park?
Mr. Crapp: No, sir, 1f you are talk about the outstanding, it's about ten
percent of the amount of the outstanding portfolio.
Commissioner Plummer: No, not the outstanding.
Mr. Crapp: OK.
Commissioner Plummer: Last year you did a million two.
Mr. Crapp: Uh-huh.
I
Commissioner Plummer: And, you had, you said, $765,000 administrative cost.
But, you had another two million that was committed but not out.
Mr. Crapp: Correct.
Commissioner Plummer: OK.
Mr. Crapp: Correct.
Commissioner Plummer: All right, does that not come out about thirty two
percent as administrative cost as to the amount of money out?
Mr. Crapp: No, sir, because the amount of money outstanding, we are talking
about outstanding loans that are performing and generating income for the
company, has been steady at about six to seven million dollars. That's what
the income is based upon, that the company receives.
Commissioner Plummer: And, you have how many actual new loans given out last
year?
Mr. Crapp: Probably, as I indicated, probably between ten to fifteen new
loans, about one point two million dollars.
140 July 22,1993
Commissioner Plummer: OK, when I get the, when I get the operation breakdown,
then I... But, it's...
Mr. Crapp: I can give you the operation breakdown and a full breakdown of the
portfolio performance over a period of years.
Commissioner Alonso: I think we should approve a portion of this request for
the budget. And, then I actually have sent a memo with lots of inquiries.
Mr. Crapp: Uh-huh.
Commissioner Alonso: I'd like to see the response to my questions before I
approve this budget. 1 don't want, you know, for you to have to wait until
September without any funding. So, if we approve certain percentage and then
this Commission will have an opportunity to receive answers to some of these
questions. What would be appropriate?
Mr. Crapp: A third would take us through September.
Mr. Odio: Can get away with three month funding.
Commissioner Plummer: But, wait, when is you fiscal year?
Mr. Crapp: July 1 to June 30th.
fiscal year now.
Commissioner Dawkins: Mr. Crapp.
We already started. We are into a new
Commissioner Alonso: So, if we approve...
Commissioner Dawkins: Mr. Crapp...
Mr. Crapp: Yes, sir.
Commissioner Plummer: Give yourself a loan.
Commissioner Dawkins: ...would you tell me before you went to Miami Capital
where the majority of the loans were made? Were they made in the City of
Miami or in Dade County?
Mr. Crapp: Well, most of the loans were made in the City of Miami. But,
there was also a regular activity outside of the City of Miami. Most of them
were in the City of Miami.
Commissioner Dawkins: So, therefor, Miami Capital, which is suppose to be
servicing the City of Miami, was taking the City of Miami money and making
loans in the County. Is that right?
Mr. Crapp: Oh, no, the money, the loans that were made outside in the County
are being made with EDA (Economic Development Administration) loans, from
another source of funding.
Mayor Suarez: Well, how... Now, hold it.
else. Now, wait...
See, I am getting like everybody
141 July 22,1993
Mr. Crapp: There are no loans made outside of the City of Miami with City of
Miami dollars.
Commissioner Dawkins: All I am saying is, who is your biggest client?
Mr. Crapp: City of Miami.
Commissioner Dawkins: So therefor, without your biggest client you don't have
a business.
Mr. Crap: Correct, in terms of...
Commissioner Dawkins: So therefor, you are using my money because I am
keeping you in business.
Mr. Crapp: Correct.
Commissioner Dawkins: So, don't tell me that it was, that you did not make it
with my money because you used their money. You used my money.
Mr. Crapp: Yes, sir. I was only drawing a distinction between the
administrative funding and the actual source of the loan money that is
disbursed.
Commissioner Dawkins: All right. No, I am talking all of the money.
Mr. Crapp: Yes, sir, you are correct.
Commissioner Dawkins: So therefore, are you continuing that process?
Mr. Crapp: Yes, sir, we are.
i
Commissioner Dawkins: See, well now, you are getting ready for me not to
support you. OK.
Mr. Crapp: Uh.
Commissioner Dawkins: I don't know any body in the City of Miami that goes to
the County, that goes to Miami Beach, that goes to Bat Harbor, that goes to
Coral Gables and get a loan to go in business in the City of Miami. I don't
know anybody. So, why should we take our money to help...
Mr. Crapp: Commissioner...
Commissioner Dawkins: ...other people in other areas doing business?
Mr. Crapp: Commissioner, a large part of our portfolio is City of Miami
loans. Our cost... Our... Yes, sir.
Commissioner Dawkins: I... Wait a minute, wait a minute, OK. Mr. Crapp, I
am a slow learner now, but, I am not retarded.
Mr. Crapp: Yes, sir.
142 July 22,1993
Commissioner Dawkins: Now, you told me that three times.
Mr. Crapp: Yes, sir. But, that's it... Yes, sir.
Commissioner Dawkins: You don't have to tell me the fourth time now, OK.
Mr. Crapp: OK, all right.
Commissioner Dawkins: All right, let's just... You and I can sit down and if
you can convince me that it's more profitable to the organization to make the
loans Countywide, then I am with you. If you can't convince me of that then
I'll be against it. We can sit down and you can show me.
Vice Mayor De Yurre: Well, you know, Miller. I think... Can I raise my
hand?
Mr. Crapp: Commissioner...
Commissioner Alonso: You said you approved ten or fifteen last year?
Mr. Crapp: Yes, Ma'am.
Commissioner Alonso: How many were City of Miami?
Mr. Crapp: I'd have to get the portfolio comparison, Commissioner, to be able
to tell you how many of those loans. But, the bulk of them would be in the
City of Miami because we did very little activity under our EDA program,
outside of the City of Miami.
Commissioner Alonso: Could we say that from these fifteen, maybe ten are City
of Miami?
Mr. Crapp: Yes, Ma'am. I would say at least seventy-five to eighty percent
of those loans are in the City of Miami. And, most, and, most of the
commitments have...
Commissioner Alonso: OK, I need names, numbers and addresses of the loans
plus the memo that I sent with information, I need to have that too.
Mr. Crapp: Oh, certainly, Commissioner. And, most of the loan commitments
that we have outstanding are for City of Miami that are pending closing. So,
those will be businesses in the City of Miami's target areas.
Vice Mayor De Yurre: Mr. Mayor, if I may.
Commissioner Alonso: I think that we should give them a portion of it.
Vice Mayor De Yurre: OK.
Mayor Suarez: Vice Mayor De Yurre.
Vice Mayor De Yurre: Yes, sir. I think that if we're looking at loans being
made outside of the City of Miami, how many are made outside, how many are not
143 July 22, 1993
made outside, we need to look into why that's the case. I have no problem if
we have monies available to lend, and they are not being used by Miami
businesses that qualify, and that money is available, and as opposed to
sitting there and not earning money, you allocate it and you lend it out to
businesses that do qualify. I do have a problem if there's some preference
not given to City of Miami businesses as opposed to outside City of Miami
businesses. For example, that there are Miami businesses that do qualify;
however, that there isn't enough money to lend them because the money is being
lent outside of the City of Miami.
Mr. Crapp: No, sir, that is...
Vice Mayor De Yurre: As far as I'm concerned, that is a determining point.
Mr. Crapp: Right, but that is not the case.
Vice Mayor De Yurre: So I have no problem with the money being lent outside
of the City of Miami, provided that It doesn't impact negatively on applicants
within the City of Miami that all of a sudden find themselves without any
money available to be borrowed.
Mr. Crapp: It does not, sir. That does not occur.
Vice Mayor De Yurre: OK.
Commissioner Alonso: How many loans were written off this year?
Mr. Crapp: Commissioner, we have right now, in terms of loans in term of net
charge offs, about, I would say approximately five to six loans have gone bad
and have been charged off and are in legal process.
Commissioner Alonso: How much - do you follow the procedure for foreclosure?
Mr. Crapp: Yes, ma'am, we do. We're...
Commissioner Alonso: Has it been done in the past?
Mr. Crapp: Yes, ma'am.
Commissioner Alonso: OK. How much - you say about five?
Mr. Crapp: This year, those five or six loans probably represent a charge off i
of probably around a million dollars.
Commissioner Alonso: Written off.
Commissioner Plummer: Charging off a million?
Commissioner Alonso: Yes.
Mr. Crapp: Charging off. These are loans that have gone into default and
we're now in the process of pursuing recovery through either foreclosure and
recovery of the assets of the businesses that have been foreclosed on.
144 July 22, 1993
W
Commissioner Alonso: That's a lot.
Commissioner Plummer: A million dollars.
Mr. Crapp: Yes, sir.
Commissioner Alonso: And the previous year?
Mr. Crapp: That's my estimate.
Commissioner Plummer: Whewl
Commissioner Alonso: Previous year?
Mr. Crapp: Previous year? I'd have to get the exact figures and give that to
you.
Commissioner Plummer: These are loans that went bad?
Mr. Crapp: Yes, sir. Recognizing that the type of lending, you know, that
we're involved in, and you're looking at a historical portfolio where you may
be talking about a loan that is charged off in default this year, and it may
be a loan that was made four or five, maybe six years ago. So it's not
necessarily that current loans are defaulting.
Commissioner Plummer: I got to find fault with the loan committee, if they
are having loans that they're making, and they're not protecting the
taxpayers' dollars. Now, you know, I mean...
Mr. Crapp: But they are, sir. I would say that...
Commissioner Plummer: Hey, you know, a small percentage is one thing, but a
million dollars.
Mr. Crapp: It is - I think our percentages are very reasonable. If you look
at the overall portfolio performance, our net charge off, the percentage of
the total amount of lending that we've done, has consistently been less than
around - it's around 15 to 19 percent, which we have compared with other
jurisdictions, U.S. HUD (Housing and Urban Development), and those are very
successful.
Commissioner Plummer: Tony, Tony, my point - you got 6.7 million dollars; is
that correct?
Mr. Crapp: Yes, sir, yes, sir.
Commissioner Plummer: In outstanding loans. And you're charging off a
million dollars?
Mr. Crapp: Commissioner, you understand that we have a dynamic lending
process going on. There are new...
Commissioner Plummer: Dynamic, or lousy?
145 July 22, 1993
Mr. Crapp: Dynamic. There are new loans being made all the time, we're
servicing existing loans. For various reasons, those businesses, you know,
have problems. Some of them go into default through no - through problems in
the economy or other types of situations, so you have a net effect going on at
all times.
Commissioner Plummer: People come here tell us they're impossible to get.
It's amazing, but...
Vice Mayor De Yurre: J.L., but historically, the...
Mr. Crapp: And we're always pursuing those charge offs to completion.
Vice Mayor De Yurre: ... loans that are made, a lot of them, you know, we
have to - if we were just a regular bank, then you'd have a hundred percent
people paying. Even there, you have a lot of people that default, you know.
Commissioner Plummer: Yeah, but in a bank, you got to prove you don't need
the loan to get it. i
Vice Mayor De Yurre: And here, that's not the case. You have to prove that
you do need the loan to get it. And how many times do we up here put pressure
on Miami Capital - without having members on it, appointed by us now - put
pressure on them to give this loan, and to give that loan, and make phone
calls, and put pressure, and do this and do that? Happens every day, and if
not, you know, Tony can tell us about it. So I think that what is important -
because I don't think it's fair right now to put Tony up on the witness stand
when he's not prepared - that we set this down in September, and set an item
for him to come down with members of the board to explain their function. We
can review the members of the board, see what they're all about, and we can
make a determination from there. I think that's just and fair.
Commissioner Alonso: I really have no interest whatsoever to discuss with the
members of the board. I'd like to discuss this with Tony Crapp and with
employees of Miami Capital. But, really, for my vote and for my inquiries,
it's directly to you and to the staff, and not necessarily to the board.
Vice Mayor De Yurre: Well, mine is to the board, also. So.
Mayor Suarez: Yeah, and I think it would be helpful to have the members of
the board.
Commissioner Alonso: I - not for - I really think that, Mr. Mayor, that
really, we really need new blood, after 15 years.
Mayor Suarez: That may be one reason, to explain to them, one, we see what
they look like, and what their interest is in coming here.
Vice Mayor De Yurre: Better watch it, J.L.
Commissioner Alonso: And if we follow that process, it will look like they
haven't been doing, you know, a good job, and they have given of their time,
and if we go - we make the change after calling them in front of us, we will
give the appearance that perhaps, you know, they were not acting in good
146 July 22, 1993
faith, and I'm sure this is not the intent of this Commission, but still, 15
yeaandrthesa long rate, andisolmanyeloansywhen writtenelook at off, and soese manyumbers, and things approvals,
done.
Mayor Suarez: Maybe we ought to have the ones that are interested in being
reappointed and continuing to serve on the board attend this Commission.
Commissioner Alonso: Well, they will let us know, I'm sure.
Mayor Suarez: Yeah, they - but, I mean, show enough interest to come here and
tell us more about the...
Commissioner Alonso: Yeah, I really think that perhaps we...
Vice Mayor De Yurre: Let me say, Mr. Mayor, if I may, that I can't determine
whether a person should stay or not on a board depending on how many years
they've served. If not, then J.L. would have been gone a long time ago.
Commissioner Alonso: He's elected. He's given a chance.
Vice Mayor De Yurre: So we need to understand that what we look - need to
look to is their performance. What is their purpose? Are they performing?
Commissioner Plummer: Who's that talking down there? Oh.
Vice Mayor De Yurre: You know.
problem, as far as I'm concerned.
Mayor Suarez: OK.
And I believe that longevity is not a
Commissioner Alonso: I think it would be fair, 1/12th.
Vice Mayor De Yurre: I want to see how they function, what their performance
level is, and I think it's fair to hear from them, because we're talking about
them here, whether we want to or not. So I think it's only fair to bring them
here, and they can tell us why they make the decisions that they make, and we
can question them on the record, and then make a realistic decision.
Commissioner Alonso: Well, bring them over.
Commissioner Plummer: Well, the big difference - and I'm not trying to defend
J.L. Plummer - J.L. Plummer offers himself to the electorate every four years.
Vice Mayor De Yurre: Sure.
Commissioner Plummer: And they make the decision.
Commissioner Alonso: It's different.
Commissioner Plummer: They are making their own decision as to whether or not
they were self-perpetuating or not, and I think that's where the big
difference is.
147 July 22, 1993
Vice Mayor De Yurre: And that's right, so it doesn't depend on the years that
you're on. It depends on your job performance.
Commissioner Plummer: That's right. You better remember.
Vice Mayor De Yurre: That's what I'm talking about.
Commissioner Alonso: You are giving the opportunity for the voters, which is
a great difference.
Mr. Crapp: Commissioners, may...
Mayor Suarez: On the item before us, is anyone in a position here now to...
Commissioner Plummer: Move to defer it. Let's do it.
Mayor Suarez: But why hold up an agency that, whatever else you may say about
It, is improving its functioning?
Commissioner Alonso: Do you need some funding?
Mr. Crapp: Yeah, at least through September.
Commissioner Alonso: One -twelfth.
Mr. Crapp: One-third.
Commissioner Alonso: One -twelfth.
Commissioner Plummer: Fine. Second.
Mr. Crapp: One -twelfth is only this month. It's just the month of July.
Mayor Suarez: Because you want to have it back on the agenda again. All
right?
Commissioner Alonso: Is that sufficient, 1/12th?
Mr. Crapp: What about a third?
Mayor Suarez: OK.
Commissioner Plummer: Fine. I second the motion.
Commissioner Dawkins: How are you going to approve it for 1/12th when they
went in business - I mean when they been operating since July 1?
Commissioner Plummer: Well, make it 2/12ths.
Mr. Crapp: That - the month's over. That...
Mayor Suarez: Two -twelfths, please. One -sixth, at least.
Commissioner Alonso: Two -twelfths, 2/12ths.
148 July 22, 1993
Mayor Suarez: Thank you. So moved and seconded.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Vice Mayor De Yurre.
Vice Mayor De Yurre: That's going to have to be a quarter, because July,
August, we have no meeting in September. That's three months that they got to
cover.
Mr. Crapp: September. That's why I said a third.
i Commissioner Plummer: Three -twelfths.
Mayor Suarez: Three -twelfths, all right.
Commissioner Alonso: Three -twelfths.
Commissioner Alonso: One quarter. Thank you. Moved and seconded. Any
discussion? You see, we're reach consensus up here. It seems like sometimes
1t isn't always the most rational way, but we get there. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-480
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI)
TO PROVIDE $62,499.99 FOR THE ADMINISTRATIVE
OPERATIONS OF MCDI FOR THE PERIOD OF JULY 1, 1993
THROUGH SEPTEMBER 30, 1993; ALLOCATING FUNDS THEREFOR
FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
(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 J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
149 July 22, 1993
Commissioner Dawkins: No, because I don't... I think they should get it all
or none. That's right. That's right.
Vice Mayor De Yurre: I'd vote for all of it, too. So I want to say yes, but
I don't think we have three votes here to give it all.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Dawkins: When you come back, Mr. Crapp...
Mr. Crapp: Yes, sir.
Commissioner Dawkins: Explain to some of us up here who don't seem to
understand that the loans that you make and to the individuals that you make
them, they do not have credit references, they do not have bank accounts, and
they do not have balances. If they had all of these things, then they could
go to a traditional lending institution, and they could borrow money. So,
therefore, your organization should not be held accountable because the loans
that you make fail, unless this Commission decides that your organization has
to operate with the same line of... guidelines that a bank operates with, OK?
Mr. Crapp: Yes, sir.
Mayor Suarez: Moved and seconded. Did we call the roll already?
Ms. Matty Hirai (City Clerk): Yes, sir, we did.
Mayor Suarez: I believe we did. All right. Thank you.
----------------------------------- ------------------------------------------
23. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO CONFIRM
REAPPOINTMENTS OF PHILIP BLUMBERG, MIKE BRAZLAVSKY, MARWIN CASSEL)
ADOLFO HENRIQUES, S. LAWRENCE KAHN III, RAFAEL KAPUSTIN, ANTONIO MARINA,
H. LELAND TAYLOR AND PHILLIP YAFFA TO DOWNTOWN DEVELOPMENT AUTHORITY
(DDA) BOARD OF DIRECTORS.
------------------------------------------------------------------------------
Mayor Suarez: Item 22. Reappointments to DDA (Downtown Development
Authority).
Commissioner Plummer: Mr. Mayor, I would...
Mayor Suarez: Yes, Mr. Chairman.
Commissioner Plummer: I would ask that this be deferred for the following
reason.
Mayor Suarez: Oh, Lordy.
150 July 22, 1993
Commissioner Plummer: The members of this Commission have the right to
appoint members. As - what is proffered here - it would deny you, the members
of this Commission, of many, many appointments. And I'm only saying that, if
you'll look - and I'll furnish each and every one of you, I just got this
today - that there are many members of this board who were not appointed by
the Commission. And so I would ask that this matter be deferred, and these
people presently there be continued until the next meeting, and give the
Commission the opportunity to make their own appointments to the board, as
well as those which the board themselves make.
Mayor Suarez: All right.
Commissioner Dawkins: Second.
Commissioner Plummer: Commissioner Alonso, right now, you have two people on
the board.
Commissioner Alonso: One. I have one.
Commissioner Plummer: Well, it says here two.
Commissioner Alonso: Who are they?
Mr. Matthew Schwartz: Commissioner Alonso has...
Commissioner Alonso: George Knox.
Mr. Schwartz: George Knox has resigned.
Commissioner Plummer: Yeah, that's it. OK.
Commissioner Alonso: That's right. I have one.
Commissioner Plummer: That's what it is, yeah.
Mr. Schwartz: So it's just Annette Eisenberg, and we were waiting for...
Commissioner Plummer: And Dawkins only has one member on the board. And so
what I'm saying to you is, I want to send you these things and let you make
your own decision as to who you would want, because if you vote as it is here
today, you're precluding yourself from making appointments to that board, and
I don't think that's what you want to do. So I would move at this time that
it be deferred.
Commissioner Alonso: Second.
Mayor Suarez: All right. So moved and seconded. Any discussion? If not,
please call the roll.
Commissioner Plummer: And Mr. Mayor, I will furnish to each and every one of
you this sheet with the time frames, and the members that are presently on the
board for your review.
151 July 22, 1993
Mayor Suarez: All right.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, ITEM 22 (APPOINTMENTS
TO THE DDA) 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.
24. AUTHORIZE ISSUANCE OF CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES
1993, IN AGGREGATE PRINCIPAL AMOUNT $32,000,000 -- FOR PURPOSE OF
ADVANCE REFUNDING OF ALL OR A PORTION OF: (a) $10,000,000 GENERAL
OBLIGATION BONDS (DATED AUGUST 1, 1987); (b) $18,400,000 GENERAL
OBLIGATION BONDS DATED NOVEMBER 1, 1988; AND (c) $10,000,000 GENERAL
OBLIGATION BONDS (DATED JULY 1, 1991); ETC.
------------------------------------------------------------------------------
Mayor Suarez: Item 23.
Commissioner Alonso: Twenty-three.
Mayor Suarez: It's a refunding in advance.
Mr. Carlos Garcia: Yes, Mr. Mayor. The City Commission already approved on a
preliminary basis to go ahead and refund certain issues that have been
Identified. These issues were sold between 1987 and 1991, and we're asking
your permission to sell up to $32,0009000 (thirty-two million dollars). The
final sale amount is going to be less than that. That will be a minimal
savings of a million dollars. At this time, the savings will be over
$2,000,000 (two million dollars). Let me reinforce the importance of these
type of transactions. As you've heard this morning, debt service for - debt
service millage for general obligation bonds is going down over a million and
a half next year, and there is just one transaction that.we did last year, in
1992, that is - that will produce $800,000 in reduction of debt service cost
for next year. So this is a similar transaction. This will further reduce...
Mayor Suarez: Yeah, we did notice a reduction in the proposed debt service
millage rate.
Mr. Garcia: Yes, sir.
Mr. Cesar Odio (City Manager): This will bring back - this will - and in the
past, and I admit, Commissioner Dawkins, he gets... we've never been clear
about that. This, what this does is reduces the debt service millage. As we
152 July 22, 1993
C
lower the debt there, it reduces the... this money will not be used, any
saving, on general fund, on budget or anything; just to reduce the debt
service millage.
Commissioner Dawkins: Mr. Manager, on this page, page 2, you got ten million,
eighteen million -four, and ten million.
Commissioner
Plummer: What about the 32?
Mayor Suarez:
That's thirty -eight -four.
Commissioner
Plummer: Wait a minute. What about the 32?
Commissioner
Dawkins: Huh?
Mr. Odio: You
send up to 632?
Mr. Garcia:
Those are the old bonds. That's the original amount
of the old
bonds. The amount that is going to be refunded is going to be less
than that,
because some
of these bonds...
Commissioner
Dawkins: What is the amount that you're refunding?
Mr. Garcia:
About...
Mr. Odio: It will not exceed...
Mr. Garcia:
About $27,000,000 (twenty-seven million dollars).
Commissioner
Dawkins: No, no, no. I don't need no "about." Tell
me what it
is, and of these bonds...
Mr. Garcia:
$27,200,000.
Commissioner
Dawkins: From which - all right. Now, the bond dated August 1,
1987, what is the balance that we are refinancing, the exact amount
of money?
Mr. Garcia:
Let me get that from the schedule.
Commissioner
Plummer: That ballot amendment to the Charter.
Mr. Garcia:
That is $7,190,000.
Commissioner
Dawkins: How much?
Mr. Garcia:
$7,190,000.
Commissioner
Dawkins: Seven million -one ninety.
Commissioner Plummer: This is for resale, correct?
Commissioner Dawkins: All right. The bond dated November 1, 1988.
Mr. Garcia: $13,355,000.
153 July 22, 1993
Commissioner Dawkins: All right. The bond dated July 1, 1991.
Mr. Garcia: $6,660,000.
Commissioner Dawkins: Six million, OK. And we refinanced these - let's see
here. This is about the third time we refinanced this.
Mr. Garcia: No, sir, not these bonds.
Commissioner Dawkins: Beg your pardon?
Mr. Garcia: Not these particular bonds.
Commissioner Dawkins: Well, which ones did we refinance?
Mr. Garcia: We have - you know - we have refinanced other bonds that we had
before.
Commissioner Dawkins: Like, what were they, sir?
Mr. Odio: Well, the one I remember, Commissioner, the Knight Center,
$60,000,000 (sixty million dollars) were refinanced about...
Commissioner Dawkins: What year?
Mr. Odio: That was done about five...
Commissioner Dawkins: I mean, what year did we obligate the bonds?
Mr. Odio: 1980.
Mr. Garcia: 1980 was the first time.
Commissioner Dawkins: Huh?
Mr. Garcia: 1980.
Mr. Odio: 1980.
Commissioner Dawkins: 1980, OK. And that's the only one we refinanced?
Mr. Garcia: No, sir, we have...
Commissioner Dawkins: All right. Go ahead, give me the others we refinanced.
Mr. Garcia: I don't have all that information here, but, you know, I can get
you that information. There has been... you know, every year, we have several
bond sales. A lot of those bond sales have been refinanced. I don't have all
of that data here, but I can get it to you.
Commissioner Dawkins: OK. Now, each time you refinance, you tell me we save
a million dollars?
154 July 22, 1993
Mr. Garcia:
Well, it - usually, when it comes to the City Commission,
it's
because we save at least a million dollars. Right now in this transaction,
I'm telling you, we can save at least a million dollars. If we were to
sell
these bonds today,
we could save 2.4 million dollars.
Commissioner
Dawkins: OK. And each year you save one million - now,
this
year, you're
going to save 2.4 million dollars; is that correct?
Mr. Garcia:
Not this year; over the life of these bonds.
Commissioner
Dawkins: OK.
Mr. Garcia:
The old bonds mature...
Commissioner
Dawkins: All right. Two point what?
Mr. Garcia:
Two point four million dollars.
Commissioner
Dawkins: Two point four. Over - what is the life of
these
bonds?
Mr. Garcia:
These bonds, through the year 2013.
Commissioner
Dawkins: To the year two thousand what?
Mr. Garcia:
And thirteen.
Commissioner
Dawkins: Two thousand thirteen.
Commissioner
Plummer: Twenty more years.
Commissioner
Dawkins: That's how many years?
Mr. Garcia: Twenty years.
Commissioner Dawkins: So 20 years divided into 2.4 gives you what per year?
Mr. Garcia: It doesn't go on a per -year basis. It's about - it's about...
Commissioner Dawkins: No, no, no, wait. For my sake of discussion, it will,
OK?
Mr. Garcia: Over $200,000.
Commissioner Dawkins: So 200,000?
Mr. Garcia: No. Over a hundred thousand dollars, I'm sorry.
Commissioner Dawkins: OK. Now over how much money? One dollar over a
hundred thousand, two dollars over a hundred thousand, three dollars over a
hundred thousand?
Mr. Garcia: It goes between a hundred and two thousand dollars for the first
year to a hundred and sixteen thousand dollars for the last year.
155 July 22, 1993
Commissioner Dawkins: So therefore, when you stand up here and tell me I got
a million dollar savings, that's the same Copperfield, David Copperfield.
Mr. Garcia: No, sir. No, sir.
Commissioner Dawkins: Now you see it, now you don't.
Mr. Garcia: No, sir. You always see it. You see it every year. You see it
every year, at least a hundred thousand dollars.
Commissioner Dawkins: But I don't see a million dollars.
Mr. Garcia: You will see it over the life of the bond. I'm telling you what
you're saving over the life of the bonds.
Commissioner Dawkins: But why should I go through this?
Mr. Garcia: You don't have to. To me, Commissioner...
Commissioner Dawkins: Yes, I do have to.
Mr. Garcia: Nol
Commissioner Dawkins: OK? Why do I - should I subject people to this, and
ou're telling us we're saving a million dollars a year, when all we got is
200,000, and you can't show me at budget time what constructively you did
with $200,000.
Mr. Garcia: Oh, yes.
Mr. Odio: Commissioner, Commissioner. Let me explain. Commissioner, that's
why we're trying to point this out today, and we discovered that discussing it
the other day, and we have not been clear with you. Today when you approved
the millage, you approved a lower millage on debt service. That's due to the
refinancing you did last year. So you're seeing it there, clearly.
Mayor Suarez: How much will that lower the millage? Maybe this will satisfy
Commissioner Dawkins' concern.
Mr. Garcia: It's about a million -five.
Mr. Odio: A million -five.
Mayor Suarez: It will be a million -five less in debt service revenues this
year.
Mr. Odio: Yes.
Mayor Suarez: No, the next fiscal year.
Mr. Odio: No, next year.
Mr. Garcia: Next year. 194.
156 July 22, 1993
Commissioner Dawkins: See, but why wouldn't you take the $200,000 and apply
It to the garbage fee you want me to raise, and charge people some more money
to pick up their garbage, when you got $200,000 here that you - that you tell
me about you're lowering the millage, the debt service millage, but you're
going and want me to add - how much - $80 a year on my garbage bi11, because
you saved me a tower millage on the taxes. It don't make - it don't add up.
Mr. Garcia: Commissioner, the tax that is levied for payment of general
obligation debt service bonds cannot be used for anything else but that.
Mayor Suarez: Sir...
Mr. Garcia: The benefit is to the citizens of this town.
Commissioner Dawkins: Are you telling me - now, you're going to tell me that
the money that you saved from the refinancing of bonds can only be used, and
is only used to reduce the debt service?
Mr. Garcia: Yes, sir, that's right.
Commissioner Dawkins: Explain it to me.
Mr. Garcia: Because it's only supposed to be use...
Commissioner Dawkins: No, no, no. See, wait now. First you tell me...
Mr. Garcia: This debt service...
Commissioner Dawkins: No. Wait now, wait. See, you can't do this to me.
First, you tell me, yes, it is. Now, you tell me it can be. You have to tell
me it is or it isn't.
Mr. Garcia: No, no, no. I'm consistent. Commissioner, I'm consistent with
my answers. The tax that is levied for general obligation debt service can
only be used for that purpose. Any savings that we have within the general
obligation debt service fund will have to stay there, and that will reduce
future debt service levies. As I mentioned when I started my presentation
today, the levy for next year is going to be over a million dollars less than
what it is this year, and that is partially due to refundings we have done in
the past.
Commissioner Dawkins: Thank you.
Mr. Garcia: Yes, sir.
Mayor Suarez: All right. Any further questions? If not, I'll entertain a
motion on item 23.
Mr. Gonzalez-Goenaga: Yes, may I, Your Honor, be recognized?
Mayor Suarez: Yeah, Mr. Gonzalez-Goenaga. I guess you complied with our
ordinance, sir. Go ahead. You have two minutes.
157 July 22, 1993
Mr. Gonzalez-Goenaga: First of all, I would like to hear the expert who gets
more than a million dollars from the citizens of Miami who is the financial
advisor to the City of Miami, and how come he is not here present to answer
questions.
(INAUDIBLE COMMENT)
Mr. Gonzalez-Goenaga: Oh, I thought 1t was Mr. Howard Gary.
Unidentified Speaker: It is the firm of Howard Gary and Company.
Mr. Gonzalez-Goenaga: Pardon me?
Mr. Odio: Raymond and Associates.
Mr. Gonzalez-Goenaga: Oh, you are Raymond Associates.
Mayor Suarez: He's here. Your question is answered. Your question is
answered. You...
Mr. Garcia: No, no, one - and the second question. I could have many
questions.
Mayor Suarez: All right. You can ask other questions. You direct the
question to the chair. You're not interrogating anybody here.
Mr. Gonzalez-Goenaga: Oh, I'm sorry. I would like to know the full
disclosure made by Raymond, James and Associates of all the litigation
involved in allegations of fraudulent transactions, and many other litigations
that the integrity of Raymond James is in question before the courts. Could
you make a full disclosure to these Commissioners?
Mayor Suarez: Mr. Garcia, do you have any...
Mr. Gonzalez-Goenaga: It's very material, because they are handling the
finances of our City.
Mayor Suarez: All right, sir. You've posed your question. Let me get you an
answer. Do you have anything to declare in regards to that? Is that an
issue, or should we be...
Mr. Garcia: I don't have any information at all on that topic.
Mayor Suarez: All right. Mr. Gonzalez-Goenaga, if you have anything to
document that, please get it to this Commission. Any other questions?
Mr. Gonzalez-Goenaga: Yes. If you just read the news, the Wall Street
Journals once in a while. Do you receive the Wall Street Journal in your
office?
Mr. Garcia: Yes, sir.
Mr. Gonzalez-Goenaga: I will bring it over, don't worry, I will.
158 July 22, 1993
Mayor Suarez: Mr. Gonzalez-Goenaga, you may complete your statement or
inquiry, but you don't get to cross-examine our staff.
Mr. Gonzalez-Goenaga: Number third, my concern, another problem is that
this - you are giving the impression that we are saving. Well, we are saving
because the interest rates are low.
Mayor Suarez: That's right.
Mr. Gonzalez-Goenaga: But let's face it, hey, we should try to save somewhere
else. And I have a problem because, you know, the underwriting fees are very
high, a high percentage of the whole $32,000,000. The expenses, the bond
counsel is also very high. So the saving is a misleading statement, because
you people are implying to these Commissioners and to the citizens that we are
saving a lot of money. We are saving, but if the - maybe tomorrow we might
not be saving this, because the market changes constantly.
Mr. Garcia: No, sir. Those savings that I mentioned to you are after
expenses. Those are net savings, and those savings will be fixed from now
until the bonds are redeemed.
Mr. Gonzalez-Goenaga: Suppose the interest rates change drastically tomorrow?
Mayor Suarez: They will be fixed. They will be fixed interest.
Mr. Gonzalez-Goenaga: Will we be saving the same amount of money?
Mr. Garcia: Yes, sir. These bonds have fixed interest rates until they
mature in the year 2013.
Mr. Gonzalez-Goenaga: No. The new - the new refunding?
Mr. Garcia: Yes. They will have a fixed...
Mr. Gonzalez-Goenaga: In other words, tomorrow, there is a drastic change in
interest rates because there is a war in Cuba...
Mayor Suarez: If by any chance that happens, we will not be refunding. He
has that option. Now, why don't you have a seat. We've heard your comments.
Mr. Gonzalez-Goenaga: Oh, my God. OK. Well, my feeling is that we have been
misled.
Mayor Suarez: All right.
Mr. Odio: Mr. Gonzalez...
Mayor Suarez: No, no. Please, please. All right. I have a motion and a
second, I believe, Madam City Clerk, on that item?
Ms. Matty Hirai (City Clerk): No, sir, we don't.
Mayor Suarez: I'll entertain a motion on 23.
159 July 22, 1993
Commissioner Alonso: Move it.
Mayor Suarez: So moved by Commissioner Alonso.
Vice Mayor De Yurre: Second.
Mayor Suarez: Second, Vice Mayor. Call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-481
A RESOLUTION, INCLUDING EXHIBITS A, B AND C, OF THE
CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF
THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES
1993 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$32,000,000 FOR THE PURPOSE OF ADVANCE REFUNDING ALL
OR A PORTION OF THE CITY'S $10,000,000 GENERAL
OBLIGATION BONDS, DATED AUGUST 1, 1987, $18,400,000
GENERAL OBLIGATION BONDS DATED NOVEMBER 1, 1988, AND
$10,000,000 GENERAL OBLIGATION BONDS DATED JULY 19
1991; FIXING CERTAIN DETAILS -OF SAID BONDS, INCLUDING
THEIR FORM; PROVIDING THAT SUCH BONDS SHALL CONSTITUTE
GENERAL OBLIGATIONS OF THE CITY AND THAT THE FULL,
FAITH CREDIT AND TAXING POWER OF THE CITY SHALL BE
IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON SUCH BONDS; AGREEING TO COMPLY WITH
CERTAIN TAX REQUIREMENTS; DIRECTING AND AUTHORIZING
SALE OF THE BONDS BY A NEGOTIATED SALE; MAKING CERTAIN
COVENANTS AND AGREEMENTS; APPROVING THE USE OF BOND
INSURANCE AS REQUESTED BY THE PURCHASER OR DETERMINED
BY THE CITY TO BE DESIRABLE; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT
AND ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE CITY
MANAGER OR THE MAYOR OR THEIR RESPECTIVE DESIGNEES TO
AWARD THE SALE OF THE BONDS AND TO DESIGNATE AN ESCROW
AGENT, PAYING AGENT AND BOND REGISTRAR; APPROVING THE
CONDITIONS AND CRITERIA OF SUCH SALE; APPROVING THE
FORM OF A PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL
STATEMENT; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES
OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION
WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
160 July 22, 1993
Upon being seconded by Vice Mayor De Yurre, 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.
------------------------------------------------------------------------------
25. RATIFY CITY MANAGER'S ACTION IN AWARDING TO D. STEPHENSON CONSTRUCTION,
INC. $616,546.65 -- FOR FURNISHING VARIOUS SIZED TRUCKS AND PAYLOADERS
WITH RAKES AND BUCKETS, INCLUDING FUEL / MAINTENANCE / OPERATORS, TO
LOAD HURRICANE DEBRIS FROM CITY RIGHTS -OF -WAY, FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE -- ALLOCATE FUNDS FROM FEMA.
------------------------------------------------------------------------------
Mayor Suarez: Item 24. Ratifying and approving Manager's action in regards
to D. Stephenson Construction, Inc.
Vice Mayor De Yurre: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roil on 24.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-482
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACTION IN AWARDING TO D. STEPHENSON
CONSTRUCTION, INC., THE AMOUNT OF $616,546.65, FOR THE
FURNISHING OF VARIOUS SIZED TRUCKS AND PAYLOADERS WITH
RAKES AND BUCKETS, INCLUDING FUEL, MAINTENANCE AND
OPERATORS, TO LOAD HURRICANE DEBRIS FROM CITY RIGHTS -
OF -WAY AND TRANSPORT IT TO THE VIRGINIA KEY FACILITY,
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM
F.E.M.A. DSR #89808.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
161 July 22, 1993
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.
--------------- --------------------------------------------------------------
26. ACCEPT PROPOSAL: MIDWEST LEGAL SERVICES, INC. -- TO PROVIDE A PREPAID
LEGAL SERVICES PLAN TO APPROXIMATELY 300 FULL-TIME, NON -UNION CITY
EMPLOYEES (AT NO COST TO THE CITY).
Mayor Suarez: Item 25. Midwest Legal Services for 300 employees who are
not - nonunion; right, is that correct?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Alonso: Move it.
Mayor Suarez: Now, what is the issue about the union employees, now?
Commissioner Plummer: This is nonunion.
Mr. Odio: The union decided to determine their own - well, go ahead.
Mayor Suarez: If we were to pass this with the provision that any union that
approves for them to also offer this to their members may do so, how are we
doing anything that creates any kind of problem?
Ms. Sue Weller: Well, the union...
Mayor Suarez: The union chooses not to?
Ms. Weller: No. The unions would have to request normally to bargain for it
over the table.
Mayor Suarez: Right. So what keeps us from resolving that, just like we're
making this available to 300 that are nonunion, that we also make it available
to the unions, at their discretion?
Ms. Weller: Well, then what you could do is direct us that if they were to
affirmatively request that it be offered to their union membership, then we
would go forward, as long as they affirmatively ask for that.
Mayor Suarez: "Affirmatively ask."
162 July 22, 1993
Ms. Weller: In other words, we would...
Mayor Suarez: Do you think that they would ever not affirmatively ask? I
mean...
Ms. Weller: No, sir, I don't. But in order to protect the City, I think we
would have to do 1t that way.
Mayor Suarez: It sounds like you're kind of giving back to me State law and
collective bargaining, is what it sounds like.
A. Quinn Jones, III, Esq. (City Attorney): Fair labor...
Ms. Weller: That's correct.
i
Mr. Jones: Otherwise you would have an unfair labor practice.
Mayor Suarez: That's what I figured. That's the best we can do, if it helps
you to have a resolution saying that we think it's a good idea to make this
available to the unions, to the extent that they affirmatively request it, we
can do that.
Ms. Weller: Yes, sir. I do need to bring to your attention, I think that
there was a protest; however, it was untimely.
Mayor Suarez: Is the protesting entity here? Who was the protesting entity
or...
Ms. Weller: Peninsula State.
Mayor Suarez: Peninsula State. Are they here? Do we need to take action on
it if they're not here? You're saying it wasn't timely, so it was technically
not before us, all right, for the record. I'll entertain a motion on the
Item. Did you want to address it and try...
Mr. William Todd: I only have one question. I'm not...
Mayor Suarez: Name and address.
Mr. Todd: William Todd. And I'm with Todd-Raheem Associates. I only have
one question, Mayor, and that is, exactly what do you mean by "affirmatively
request"? I'm not sure I understand that.
Mayor Suarez: That's a fair question.
Ms. Weller: All I need is a letter from the unions requesting that this be
offered to their bargaining unit members.
Mayor Suarez: Most of the unions will give you an opportunity to address
their board.
Mr. Todd: I accept that.
163 July 22, 1993
°�y� rfdY}h yY
t
Mayor Suarez: You might ask for that.
Mr. Todd: Most of them have already. So we have that. Thank you.
Mayor Suarez: All right, very good.
Mayor Suarez: OK. On the item then before us, 26 (sic).
Commissioner Alonso: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-483
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL
OF MIDWEST LEGAL SERVICES, INC. ("MIDWEST") FOR THE
PURPOSE OF PROVIDING A PREPAID LEGAL SERVICES PLAN TO
APPROXIMATELY 300 OF THE CITY OF MIAMI'S FULL-TIME,
NON -UNION EMPLOYEES AT NO COST TO THE CITY; FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
MIDWEST FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
164 July 22, 1993
-------------------------------------------------------------------------------
27. DISCUSSION CONCERNING ROY BLACK, ESV S FEES IN CONNECTION WITH HIS
DEFENSE OF CITY OF MIAMI POLICE OFFICER WILLIAM LOZANO.
------------------------------------------------------------------------------
Mayor Suarez: Item...
Mr. Cesar Odio (City Manager): Twenty-nine.
Mayor Suarez: Twenty-nine. Former City Attorney, here in a private capacity, �.
nevertheless welcomed.
Ms. Lucia Dougherty: Thank you. Mr. Mayor, members of the Commission, my
name 1s Lucia Dougherty. I'm here on behalf of Frank Furci and Roy Black, and
the firm of Frank - Black and Furci, who are the - who successfully defended
William Lozano - He's here with us today as we11 - in a trial, a criminal
trial, and he was acquitted. Now, you - there are two things that you really
need to address today, and that is, number one, whether or not you're required
to pay these attorneys' fees? - which we're asking for, in the amount of
$710,000; and if you're not required to pay them, then is there a public
policy of why you should pay them anyway; and number three, are these a
legitimate amount? Is $710,000 a legitimate amount, based on the amount of
work that was done in this case? Now, your City Attorney is probably going to
advise you that this is a discretionary payment on your behalf, and I'm here
to tell you that this is the only case in the amount of - in the case of
police officers is the only time when this is discretionary. Every single
public officer, every single employee, is absolutely entitled to have their
attorneys' fees paid, if they are found to be acquitted of a criminal act, and
this is based on a common law right that emanated from the Lomelo case in
Sunrise, where the Mayor of Sunrise was convicted, or was charged and indicted
with a felony conviction - or a felony of bribery. He was acquitted. And in
that case, the courts held that he was absolutely entitled to his attorneys'
fees, and every other officer and City employee, notwithstanding any statute,
Charter, or ordinance to the contrary. Notwithstanding that, there is a State
law that seems to indicate that you have the discretion where it comes to
police officers, and only police officers, as to whether or not to pay these
attorneys fees.
Mayor Suarez: That's a State statute you said; that is not a case?
Ms. Dougherty: That is not a case. It is a State statute. Now, that State
statute has been interpreted by one circuit court judge, Judge Goldman, to say
that it supersedes the common law right. That case is now on appeal. So
therefore, your City Attorney is probably going to tell you that you have the
discretion as to whether or not to pay it or not, based on this circuit court
case. I believe that, that statute is unconstitutional, because it sets up a
class of people who are discriminated against, and it is an equal protection
problem, and I think it will be found unconstitutional. But notwithstanding
that, I'm here to tell you that I think you ought to pay these attorneys' fees
anyway, even if you have the discretion to do so, because why should this one
class of employees be treated any differently than anybody else? This is a
class of employees that puts itself on the line every day, has to make life
165 July 22, 1993
and death decisions for you, and on behalf of the citizens, every day, and are
more likely to be charged with a crime than any other kind of employee.
Vice Mayor De Yurre: Let me ask, is this a union matter? Is this negotiated?
This point of it being flexible or up to the Commission?
A. Quinn Jones, III, Esq. (City Attorney): Is that a...
Vice Mayor De Yurre: Is this something that has been negotiated? Is there...
Mr. Jones: No.
Vice Mayor De Yurre: She's asking why is it that police officers, as opposed
to everybody else are treated differently.
Commissioner Plummer: No, the State statute changed.
Vice Mayor De Yurre: Is this because through the bargaining unit, they have
not been able to secure this?
Mr. Jones: No. This is by virtue of provisions in the Florida statutes.
There are - as she's indicated - I'm glad to see that Ms. Dougherty is ably -
has been able to interpret what I'm going to tell you. But in any event,
there are two separate statutes; one being the one she indicated dealing with
Lomelo, that deals with general employees; and the one that specifically deals
with police officers. I beg to differ that the specific statute that relates
to police officers is unconstitutional. Certainly, It's within the purview of
the legislature. Again, if it is a legitimate reason for creating a special
class, it's perfectly within their purview to so do. And, of course, the
Florida legislature has seen fit to provide for a specific provision dealing
with police officers. You should note also that the statute that she raised
relative to general employees only deals with civil actions. It has no
dealings with - It does not make any reference to criminal cases whatsoever.
The state of the taw is basically that where - where the provision is
repugnant or contrary to the common law, then that particular statute has been
enacted, should supersede whatever the common law is. And of course, in this
case, It's my interpretation that this specific provision dealing with police
officers, perhaps, is - and not "perhaps is" - could very well be and would be
interpreted as being repugnant to a common law, such that would supersede
anything that would have been provided for by the common law. Again, as I've
indicated to you in the past, it is discretionary on your part. You have to
make that determination and...
Vice Mayor De Yurre: How long has this law been in effect in the State of
Florida?
Mr. Jones: Let's see. I think this was enacted in 19 - I think 1976.
Vice Mayor De Yurre: So it's been around for 17 years.
Mr. Jones: It's been around for a while.
Vice Mayor De Yurre: OK.
166 July 22, 1993
Mr. Jones: And...
Commissioner Plummer: Did I understand you to say that, that which she is
quoting only pertains to a civil case, not a criminal?
Mr. Jones: Absolutely.
Ms. Dougherty: No. I'm quoting from a specific case.
Mr. Jones: Well, the case that...
Ms. Dougherty: ... and the case...
Mr. Jones: The Lomelo case which you're citing cites to 111.07, which talks
about defense of civil actions against public employees or agents, and even
with that particular section, it only authorizes the municipality to pay. The
case law that you're referring to basically deals with the common law concept,
or the common law obligation that the court notes, that there would have been
a common law obligation on the part of the municipality. But this particular
statute - and if you read the cases, very clearly - you read the statutory
provision - 1t only authorizes it. It does not say that, "You, municipality,
you have to pay these attorneys' fees." It says, "You are authorized to pay." '
And again, the specific section dealing with law enforcement officers
specifically says that "you may." You don't have to. It's your decision.
It's one way or the other.
Commissioner Dawkins: Mr. Manager, they say that, that law has been on since
1976, and since you have been here, you have bargained with the law
enforcement officers ever since you've been here. Did the law enforce...
bargaining agent ever request that, that law be modified or anything for their
behalf?
Mr. Odio: Not to my knowledge.
Commissioner Dawkins: Thank you, sir.
Ms. Dougherty: Anyway, to make myself clear, again, I am relying not on a
State law, but on a case law, and on the common law. And let me just read to
you what Lomelo says. These cases establish that:
"A municipal corporation or other public body is obligated to
furnish or pay fees for counsel to defend a public official
subjected to an attack in a civil or criminal proceeding, where
the conduct complained of arises out of or in connection with the
performance of his official duties. This obligation arises
independent of statute, ordinance or charter. It is subject to
the discretion - it is not subject to the discretion of the City
coffers." Further, it says: "If a public official is charged
with misconduct while performing his official duties and while
serving a public purpose, the public is a primary interest in such
controversies and shall pay the reasonable and necessary legal
fees incurred by the public officer in successfully defending
against unfounded allegations of official misconduct."
So again, every City employee, official, City Attorney, City Clerk, City
Manager, is entitled to have his attorneys fees paid. The only one that
167 July 22, 1993
isn't, the only one that is questionably discretionary is whether or not
police officers are. And I'm telling you that, that's wrong.
Commissioner Plummer: Well, but you're saying civil.
Mr. Jones: It was a criminal case.
Ms. Dougherty: That has - that is unconstitutional, and is a violation of
equal protection. But let me get to the number, the amount of money that
we're asking for, $710,000. This is two trials - one eight -week trial, one
six -week trial; ten appeals; two change of venue hearings, each lasting five
days; over 200 depositions all over the country. This is... we're asking for
$710,000, when you paid over a million dollars to attorneys' fees last month
in a case that never even went to trial. So I'm telling you from a - from an
amount of money standpoint, this is a very modest sum, and it probably would
come, we have estimated, anywhere from $35 to maybe $50 an hour, on an hourly
basis. So we're saying to you that from our standpoint and from the police
officer's standpoint, notwithstanding it's discretionary, it's the right thing
to do, because every police officer out there is going to know that the
City... if it's defended, why should they have to go and mortgage their house?
Why do their families have to put up money to defend them, when they're
wrongly accused? And so we're asking you to please use your discretion and
authorize the payment of these attorney's fees, which we believe to be in a
modest amount, and we thank you. And Roy Black is here, and would you like to
take the mike?
Mayor Suarez: Let me ask Mr. Black, before you make your presentation, isn't
there a preliminary question that needs to be asked as to the City's
determination that the officer is acting within the scope of his employment,
something which I understand did not come up in the criminal trial?
Mr. Jones: You said...
Mayor Suarez: Acting within the scope of his employment, following City
procedures, et cetera, et cetera.
Mr. Jones: Well that really doesn't have - that necessarily doesn't have any
impact on the issue that's before you, but certainly, that is an open issue in
terms of what his employment status 1s going to be. The...
Commissioner Plummer: He was on duty?
Mr. Jones: Yeah, he was, in fact, on duty.
Commissioner Plummer: He was on duty?
Mr. Jones: Yeah. And, of course, he was charged with misconduct.
Mayor Suarez: Do I understand, Ms. Dougherty to say, and do you agree with
the proposition that if any member of this Commission, or the Manager, or
yourself, or any City employee is accused of any misconduct, or any crime, or
any conduct that is unethical, that somehow, if it's conduct that was arguably
performed within the scope of their duties, that somehow, legal fees are then
payable at the end of that process, if they prevail, even though the standard
168 July 22, 1993
of proof may be, you know, in a criminal proceeding, beyond a reasonable
doubt, or whatever?
Mr. Jones: She's correct in the sense that, that's what the Lomelo case
stands for, in terms of relying on the fact that there's some common law duty
to - for a municipality to - excuse me - to reimburse that employee, or
provide for expenses associated with the defense of a particular crime that
may have occurred, or alleged to have occurred 1n the course or scope of
employment. What I'm saying to you is that - and again, that particular case
didn't construe the specific Florida statutes that are on the books that
relate to general employees, such as myself, or Commissioners, or whatever
else. And, of course, the Florida statute only makes reference to civil
actions. It makes no reference to criminal actions. The converse of that is
that...
Mayor Suarez: The one that she was basing her opinion, that sort of sweeping
assertion?
Mr. Jones: She's not basing - she's basing her assertion basically on the
concepts that were argued in the Lomelo case.
Mayor Suarez: Oh, and the common law?
Mr. Jones: Yeah, on the common law. But what I'm telling you is that there
is a specific Florida statutory provision that deals with general employees,
but it only pertains to civil actions.
Mayor Suarez: Such as, for example, I remember when I had just been first
elected, a former Mayor's defense in a case having to do with public records
being destroyed, et cetera?
Mr. Jones: Yeah. But it would have to be - the case law is further clear
that it wouldn't - it wouldn't necessarily extend to, say, ethics -
appearances or proceedings before the ethics commission or whatever else. It
would have to be a court proceeding, a civil court proceeding. But the one
thing I'm...
Mayor Suarez: But not necessarily criminal?
Mr. Jones: No, it wouldn't. The Florida statute doesn't pertain to criminal
action.
Mayor Suarez: And 1f civil... is there still some discretion? I forgot that
argument. I wanted to vote against that payment of those fees in that case,
and I don't remember what...
Mr. Jones: Which case was it that you're making reference to?
Mayor Suarez: Well, I'd rather not go into it. It had to do with a former
occupant of this chair, and...
Mr. Jones: OK, I remember, yeah, yeah. Well, that particular case was a
criminal case, and of course...
169 July 22, 1993
Mayor Suarez: I thought it was civil. All right.
Mr. Jones: The civil... this particular provision only deals with civil
cases. Insofar as police officers, 1t deals with both civil and criminal, and
it makes it discretionary on your part to pay.
Mayor Suarez: Mr. Black.
Mr. Roy Black: Mr. Mayor, members of the Commission, thank you very much for
hearing me this afternoon. I did want to address one particular matter that I
think is misunderstood by people about lawyers. I know not everybody here, of
course, misunderstands that. But I have the honor of belonging to an ancient
profession that, unfortunately, is not always honored by people, but I entered
it out of idealism, and I still have that idealism today. Few people, I
think, really understand the role of lawyers in representing people. Our
Constitution, under the Sixth Amendment, says that all those who are charged
with a crime are entitled to the assistance of counsel. Many people don't
agree with that. Many people think that you should only represent people who
are popular. They think you should not represent somebody who the majority,
or many people, or even just the newspaper think should be convicted. One of
my favorite philosophers, a man named Santiana, who said, "Those who are
Ignorant of history are bound to repeat it." Throughout the history of our
republic, we've had lawyers who are willing to defend people who are
unpopular. We have Thurgood Marshall, who went before the Supreme Court and
did away with segregation. We had the civil rights lawyers in the 1960s who
risked their life and limb to go into southern courtrooms to defend people.
We had people willing to - lawyers willing to defend people who protested the
Vietnam War. We can go through time and time again where lawyers were willing
to come forward and defend people who were unpopular, that the news media
disliked, that did everything they could to see that they were convicted.
Lawyers who defend people cannot worry about the popularity of what they do in
court. There's no doubt that many people in this community are probably
unhappy with things that I said and did in defense of William Lozano. Well, I
make no apology for it. I believed in everything I said in that proceeding,
and I would reassert the same thing today, and I was proud to represent him in
this proceeding. But the canons of ethics say that a lawyer should zealously
represent his client, and represent his client, no matter whom he may have to
criticize to do so. It may be that there are others who are going to be
embarrassed, who are going to be cross-examined, who are going to be
criticized when the lawyer adequately and zealously represents his client.
Well, that may be the case, but the lawyer has no choice but to go forward and
vigorously represent his client, and I did so in this case. And let me say, I
did so not just because the ethics require me to do so, or my oath required me
to do so, or my profession did, or my job, or the fact that this client hired
me. I did it because I thought it was right. I think that police officers in
this City take an awful risk when they go out on that street. I have been a
criminal lawyer for almost 25 years. Very rarely have I ever represented a
police officer, but I learned after many years of practice what these people
have to go through when they go out on that street, and.I decided some years
ago that if a police officer ever asked me to represent him or her, I would do
so, because I had a lot of respect for people who, for what they are paid, go
out in those streets and risk their lives to protect me and my family in this
City, and I will tell you, I am proud to have represented a number of police
officers for this City. I've been proud to represent William Lozano, no
170 July 22, 1993
matter what other people may say, because I think that these police officers
do a job that we should give them a tot of appreciation for, and if, in the
course of their duties - and there's no doubt that William Lozano was out
there wearing our uniform and our badge - when he was out there representing
us, he was charged with an offense for which he was subsequently found to be
not guilty. And if we don't support people or officers in those positions, I
think that soon, they're going to become very cynical about their jobs, and I
hope that that never happens. Now, I may have a personal stake in this,
because my firm spent four and -a -half years defending this case against... I
don't know how many millions of dollars were spent by the State of Florida in
prosecuting it. They put in an untold number of prosecutors, investigators,
experts around the country, and they spared no expense in prosecution. This
is a lot of money that we're asking for, but what was I to do? Say, "Because
it was a police officer, we probably should have only done half the work, or
ten percent of the work, or we shouldn't have defended him"? Well, I'll tell
you, whether you pay a dime or not, I was not going to rest for one minute in
defending this man, and I'm proud to have defended him, and I hope that this
Commission does not set a precedent and say, "You're not going to agree to
defend police officers who go out there and risk their lives on the street."
Thank you.
(APPLAUSE)
Commissioner Dawkins: Mr. Mayor, I would have to take issue with what was
Just said. I am voting not to pay him, and I'm voting not to pay him a penny.
And that does not say that I do not sympathize with any policeman who puts his
life on the line to protect me, my family, my property, and my friends. So
don't say that because Miller Dawkins says not to pay Roy Black, because the
City of Miami Commission did not hire Roy Black. Therefore, I do not feel
that the City of Miami is responsible for Roy Black's bill. But don't paint
me in a corner and say because I am going to vote not to pay him, that I am
not in sympathy with any policeman or any policeman's family who lost his
life.
Mayor Suarez: When does, in fact, the City make a determination of whether
any City procedural norms were violated by the officer in this particular
case, Officer Lozano?
Mr. Odio: As I understand, Mr. Mayor, that investigation is almost concluded.
We're expecting the report soon, and we will make a determination based on
that report and inform you of that.
Commissioner Plummer: Can I ask when is the appeal scheduled to be heard? -
the appeal of the lower court?
Commissioner Dawkins: No, they can't get no appeal.
Commissioner Plummer: There's an - no, no, no, not on Lozano; on the case in
question as to it being the Commission's choice, yes or no.
Mr. Jones: You're talking about the case that Ms. Dougherty made reference
to?
Commissioner Plummer: That is correct.
171 July 22, 1993
�?ya
Mr. Jones: My best guesstimate is that it probably - there hasn't even been a
briefing scheduled, so you're probably looking at six - probably six to eight
months down the road, 1f you're lucky to get a decision by then.
Vice Mayor De Yurre: What does, Mr. City Attorney, in your opinion, what does
this case have? Does 1t have a direct bearing on this decision here or not?
Mr. Jones: Well, as it stands right now, you do have - you have - you do have
authority.in the circuit which basically says that, again, it's discretionary
on the part of the municipality to pay. And, of course, that's the very issue
that's being appealed. So, yes, to a large extent, it would have a bearing
necessarily on this.
Vice Mayor De Yurre: So are you saying then that if we wait for the decision
of this case at the appeal level, and it turns out that it says that, yes,
that they should pay, then doesn't that lock us in, then now, we must pay, as
opposed to having a choice right now of paying or not paying?
Mr. Jones: Well, it depends. If, in fact, the FOP (Fraternal Order of
Police) is successful in the appeal, it would depend on whether - I guess the
question becomes whether it would be retroactive, provided you - say you made
a decision today to pay or not to pay.
Vice Mayor De Yurre: So you'd think it would be retroactive going back 17
years that that statute has been in place?
Mr. Jones: Unless any decision by the court says that it has retroactive i
application, then it would have to be a perspective ruling.
Vice Mayor De Yurre: So.
Commissioner Plummer: Not that I'm bound by it, Mr. City Attorney, what's
your recommendation?
Mr. Jones: My recommendation is, either you decide to pay or not to pay.
Commissioner Plummer: Sir, you sound like a politician.
Mr. Manuel Gonzalez-Goenaga: Oh, that's worth $200,000.
Mayor Suarez: Mr. Gonzalez-Goenaga, whatever it's worth, sir, have a seat, or
otherwise wait outside until we're finished our determination.
Commissioner Plummer: Again, Mr. City Attorney, what is your recommendation
to this Commission?
Mr. Jones: Commissioner Plummer, I don't have a recommendation, and to be j
quite candid with you, you know, we've gone through at various intervals over
the years, in terms of whether this - interpretation of this very same
statute. The only thing I can do, and I think that I'm obligated to do, and I
hope you can appreciate my position in this, is that I'm here to advise you
what the law is, and the law basically states that you have to make that
determination. I cannot make that determination.
172 July 22, 1993
Vice Mayor De Yurre: That's fair enough.
Commissioner Plummer: I just made a determination that you're overpaid.
Mr. Jones: Not paid enough, sir. I can assure you of that.
Commissioner Alonso: What has the City of Miami done in previous cases?
Mr. Jones: In previous cases, Dr. Alonso - and this is going back, as far as
I can remember 1n a ten-year period, the Commission has been - especially in
the cases that the FOP has undertaken representation, where the City
Attorney's Office, either for reasons of a conflict or otherwise, have not
decided to represent a police officer, this Commission, or should I say those
Commissioners that were sitting at the time, including yourselves now, it
hasn't been consistent, and it's been basically on a case -by -case basis, where
you've looked at what's been presented to you and made a decision on a case -
by -case basis.
Commissioner Alonso: I think we should instruct the Administration to come
back with a recommendation to us, that you look back at the specific cases,
bring them back to us with a comparison of what has been the will of this
Commission, and give us some recommendation of what we should do.
Mayor Suarez: All right.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: No one has asked the City Manager for a recommendation,
so why don't we see if he has one today, rather than have him come back at a
later date and bring me a resolution?
Commissioner Alonso: In fact, he's probably going to say.exactly the same.
Commissioner Dawkins: The Manager - no one has asked the Manager for a
recommendation.
Commissioner Alonso: Yeah, I'm asking the Manager to come back, the
Administration.
Commissioner Plummer: No, just hold it.
Commissioner Alonso: Do you have a recommendation today?
Mr. Odio: I will say this. I think that there's a process yet to be
followed, and Mayor Suarez just brought it up; that we do have some
administrative investigations going on now. Let's wait and see what happens
in that process, and I'd be willing to recommend then. If you ask me now, I'd
say, no, don't pay him. If you ask me three months from now, let's find out
what happens through the DR (disciplinary review) - the board that he has to
go through, the Civil Service Board he can go through.
173 July 22, 1993
e,4
Mayor Suarez: Talking about the Disciplinary Review Board.
Mr. Odio: If - yeah. He has that right, and then after that, I'll recommend.
Commissioner Plummer: Well, you know, I think somewhere, we've got to have an
understanding, OK? A policeman goes out, and he does his job, and he is
charged and later found innocent. Why should he have to pay?
(APPLAUSE)
Mayor Suarez: Please, please.
Commissioner Plummer: I think it's wrong. You know, you can have the
different aspects of the case that differ on every case, and I understand
that. But it doesn't make sense to me - and everybody wants a Roy Black, you
know? If I get in trouble, I want a Roy Black. I don't want to get in
trouble, but I want a Roy Black. OK? And there's a hell of a lot of people
out there, let me tell you, can't afford a Roy Black. All right?
(INAUDIBLE COMMENT)
Commissioner Plummer: No, you need more than Roy Black. And I don't
understand, Mr. City Attorney, or Mr. Manager. Let me say that if a policeman
is charged and found innocent, how he can pay those fees. I don't understand
how we can expect him to pay those fees.
Mr. Odio: I think what I just...
Commissioner Plummer: Now, let me go a little bit further. That's why you
will recall recently, Mr. City Attorney, I came before this Commission and
said that before any City employee - policeman or otherwise - can go out and
engage counsel, they have to come to this Commission for approval first. OK?
Now, that is now the present posture of where we stand. OK. Now, I just - I
guess I'm losing something somewhere - that, in fact, where's he going to get
the money? Where do we expect a City employee to get the money to defend
himself 1f he's found innocent? Seven hundred thousand dollars? I mean, I
realize, Mr. Manager, you're overpaid, but that's a lot of money. That's
$700,000 you couldn't afford it, sir, and neither could I. OK? And yet, if
you and I got in trouble, we would want a Roy Black to defend us. And if we
were found innocent, that means we - great. We're innocent, we're free, but
we're financially broke. Is that fair? I have said to Ms. Dougherty, Mr.
Black, prior to coming here today, that I asked for more breakdown as to the
cost factors, because I do have to tell you, sir, that I think the cost
factors are high. Your fees are your fees, and you have your right to charge
what you think, but I have a right to say, I am not going to give you
anything. So we can discuss that.
Mr. Black: Mr. Commissioner, I would agree to have anyone examine my files.
To be honest with you, what we have charged here is far less than any law firm
in this City would charge, based on the time allowable. Now, I agree that
that is a large figure, and I'm not going to debate that with you, because
you're a very practical man. But I would suggest, if the Commission would so
authorize, someone from the City Attorney's Office could come to my office, I
would sit down with them, go through the files. I mean, we went through ten
appeals alone in this case.
174 July 22, 1993
Commissioner Plummer: Sir, I have the chronological...
Mr. Black: I mean, the amount of work is enormous.
Commissioner Plummer: Yeah. Mister - the other question is - and that, I
would want. I would want someone from your office to go and negotiate with
him and come back with that kind of a recommendation. If this Commission sees
fit to pay him, I think it should be a negotiated fee. Mr. Manager, when will
the DDRB (Departmental Disciplinary Review Board) hearing be concluded?
Mr. Odio: We're waiting as of last week, we were waiting to get a final
report from Internal Affairs. Once that is in place, we will decide
whether...
Commissioner Plummer: Well, I mean, will it be by the 7th of September, sir?
Mr. Odio: Please, I don't want to set deadlines on this, because if something
happens with the investigation and we have to come back, it could be longer
than that. As far as the process, if we rule that he broke departmental rules
when he shot that gun, then he will have to start his process, because we will
determine what to do then.
Commissioner Plummer: OK. I think in all fairness, we have the right to
understand and to know what that result is. I do feel that way. And at such
time, sir, that they bring that back, I do feel, and I would hope by then that
the City Attorney had been able to sit down with Mr. Black and to discuss his
fee and feel, if, in fact...
Commissioner Dawkins: Mr. Mayor...
Commissioner Plummer: ... is so inclined, that they would have the right to
negotiate.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor.
Mayor Suarez: Wait, wait. We need to wait until the Commissioner completes
his statement. Yes. Commissioner Dawkins.
Commissioner Dawkins: Are we establishing a precedent here where any police
officer who has done wrong, or is accused of doing wrong,.can go get a - quote
J.L. Plummer - "Roy Black" to defend him, and finds himself innocent, that
this Commission 1s going to be responsible for the bills? I need to know
that.
Mayor Suarez: No, we're not establishing any precedent.
Commissioner Dawkins: Because when the Mercado - the Mercado case is out
there. See, the Mercado case where the police beat up Mercado. And if he -
and if they can get a judge - a lawyer - to go to court and prove that those
four officers, or whomever they were, are innocent, you're setting a precedent
here by telling me that we're going to pay any policeman's fee who is charged
wrongly and found innocent. Now, all of the officers now who are on
suspension for violating any rules and regulations, are they free to go and
175 July 22, 1993
get a lawyer to try to fight and protect their jobs? - and this Commission, by
action today, is sanctioning our paying of lawyer fees? I need to know that.
Commissioner Plummer: Commissioner Dawkins, since...
Mayor Suarez: No, we're not. We're not setting any precedent, because we're
not making any decision today, if I hear the Commission correctly.
Commissioner Plummer: Mr. Mayor, that's correct, but I was the one who
brought to this table, that in the future, whatever the date was, that that
was brought to the table, from that date forward, no one could go out and hire
counsel on their own and expect us to pay it, if it wasn't brought here and we
approved it. So the precedent, we took action on that for sure. All right?
Mr. Jones: You have a resolution that was...
Commissioner Plummer: All right. So
happen in the Mercado case, because I
the table, but it is not going to be
check in the future.
that's not going to happen. It might
think that was prior to that action of
a carte blanche. It will be a blank
Mayor Suarez: Mr. Manager, since we mentioned...
Commissioner Dawkins: If it does happen with the Mercado case, can 4 they are
free to come here?
Commissioner Plummer: Sir, if they are found innocent, I would say that they
have that right.
Commissioner Dawkins: OK, no problem. That's all I need to know.
Commissioner Plummer: We also have the right to approve it or deny it.
Mayor Suarez: What is the status of it, since it's been brought up and the
media has asked about it? What is the status of the Mercado officers? How
many of those officers are still pending some investigation?
Mr. Odio: One of them died, unfortunately.
Commissioner Plummer: Yeah.
Commissioner Dawkins: His family will sue. I'll help his family sue.
Mr. Odio: The others, Mr. Mayor, we were waiting to make a determination, and
then we get word from the Department of Justice that there is some pending
action coming.
Commissioner Alonso: Mr. Manager, I wish you would brief me privately on
that, as we've done in the past with some other cases. The Department of
Justice sometimes takes a long time to give us word as to whether something is
pending. In one case, in the history of my eight years here, we managed to
get a Department of Justice statement to the effect that someone was no longer
under investigation, and if that's the case, the officers should know that and
should be back at work and in responsible positions; and if not, we should
know. Because that incident happened now how many years ago?
176 July 22, 1993
vt N
Mr. Odio: It's been a long time. Five...
Mr. Al Cotera: Mr. Mayor...
Mr. Odio: He knows some...
Mayor Suarez: Yes, Al.
Mr. Cotera: The grand ,jury is hearing their case today.
Mr. Odio: Ah, it's today. So I knew that was coming.
Mayor Suarez: Well, that's certainly timely to be asking, but how long ago
was it, just for the record?
Mr. Odio: Six years.
Mayor Suarez: The incident?
Commissioner Plummer: No, it hasn't been... no .
Mr. Cotera: No, it's been about four years.
Commissioner Alonso: No, not that long.
Mr. Cotera: Four years.
Mr. Odio: No, but it came...
Mr. Cotera: Four years. 1989.
Mr. Odio: Four years?
Mr. Cotera: Four years.
Mr. Odio: It's been four years at least.
Mayor Suarez: That's incredible. All right, thank you, everyone, and unless
anyone has any motion to make, the item remains pending.
Vice Mayor De Yurre: Well I think...
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor De Yurre: I think that there is a motion that needs to be made.
Mayor Suarez: All right, s1 r.
Vice Mayor De Yurre: To begin with, I think it should be noted that we have
already paid significant amounts of money in settling the civil aspect of this
lawsuit. How much have we paid already?
Mr. Odio: What - over a million dollars? Over a million dollars, I think.
177 July 22, 1993
Vice Mayor De Yurre: So we've already given a million dollars 1n this matter.
Mr. Odio: Yes, we have.
Vice Mayor De Yurre: It isn't like we haven't given a penny towards the
situation. But I've listened to Miller. He's alread,x stated that he's not
willing to give a penny, no matter what the investigation gives, no matter how
much we end up investigating the bills and the charges, as far as attorneys'
fees and costs, no matter what the results are of the pending investigations.
So what we need to know 1s if there are two other people here that feel that
way - because then if not, we're wasting our time - if there are three people
in this Commission right now that feel that not a penny should be paid,
because if not, we're just dragging our feet, and dragging their feet, in a
process that may not end up going anywhere, as far as we're concerned. So I
think that a motion should be made wherein at least we have a feeling as to
where some amount - maybe not what they're asking for - but whether at least
three members of this Commission are willing to pay something. And then if
that's the case, then we can proceed, and investigate bills, and investigate
other things, and then make a decision from that. Otherwise, it's fruitless,
and really doesn't serve any purpose.
Commissioner Plummer: The only difference that I have there, Victor, is the
fact of what is the outcome of that hearing. OK? That could have a bearing
on my decision.
Vice Mayor De Yurre: So you'd be willing to pay zero?
Commissioner Plummer: No, I didn't say that, sir.
Vice Mayor De Yurre: Well, that's what I'm saying.
Commissioner Plummer: I didn't say that.
Vice Mayor De Yurre: You know, my question is, if you're willing to pay
something, and that something is going to depend on the outcome of future
investigations and determinations, then let's state it, "Yes, we're willing to
pay something, and it will depend on what evidence we get down the line." I
think that's fair enough for the people.
Commissioner Alonso: How can people make decisions before they see the
results?
Mayor Suarez: I'm interested in seeing the results of the disciplinary
proceedings for myself, Mr. Vice Mayor. Does anyone have any motion on the
item?
Vice Mayor De Yurre: I'll make a motion that we don't pay a penny.
Mayor Suarez: So moved. Do we have a second on that motion? Do we have a
second on that motion? Is the motion seconded, for the third time? If not,
we go on to the next item.
178 July 22, 1993
Commissioner Dawkins: I'd like to say I did not second the motion because I
did not say I was not paying a penny.
Vice Mayor De Yurre: Oh, OK.
Commissioner Dawkins: And I didn't want anybody else to pay a penny. I said
I would not vote to pay a penny, and I have a right to my opinion up here.
That's why we have four different individuals - five different individuals up
here, to arrive at a majority of three. So I didn't second the motion. Go
right ahead, sir.
Vice Mayor De Yurre: Good.
28. (Continued discussion) APPROVE EXECUTION OF INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY AND MUNICIPALITIES REPRESENTING A MAJORITY OF
THE POPULATION OF INCORPORATED AREAS OF DADE COUNTY -- TO PROVIDE FOR
DISTRIBUTION TO SAID MUNICIPALITIES OF A PORTION OF THE PROPOSED DADE
COUNTY OPTIONAL GAS TAX. (See label 6B).
Mayor Suarez: All right. Item 30. Dade County local option gas tax. Did we
dispose of some of this this morning?
Commissioner Plummer: Basically, we did.
Mr. Cesar Odio (City Manager): I think we did the discussion, Mr. Mayor, and
I would recommend that we pass this and we need to have it before September
1st. It means that we're saving the actual funding that we're getting from
them, and if any additional funding comes along, we'll be at the formula that
was explained this morning. I can repeat it if you want, but I...
Mayor Suarez: No. Is there anything that we need to do on the item?
Ms. Karen Wilson: Yes, sir. You need to pass the resolution approving the
interlocal agreement that's before you.
Mayor Suarez: All right. I'll entertain a motion on that resolution.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
Commissioner Plummer: Predicated on the comments of the chairman of the Dade
County Commission this morning, based on his guarantees.
Mayor Suarez: Do we have a second on that?
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
179 July 22, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-484
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN
DADE COUNTY ("DADE COUNTY") AND MUNICIPALITIES
REPRESENTING A MAJORITY OF THE POPULATION OF THE
INCORPORATED AREAS OF DADE COUNTY TO PROVIDE FOR THE
DISTRIBUTION TO SAID MUNICIPALITIES OF A PORTION OF
THE PROPOSED DADE COUNTY OPTIONAL GAS TAX, SAID
AUTHORIZATION CONTINGENT UPON DADE COUNTY IMPOSING AND
LEVYING SAID LOCAL OPTION TAX.
(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 Miller J. Dawkins
Commissioner 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 31 was withdrawn.
-------------------------------------------------
Mayor Suarez: Is item 31 still scheduled?
Ms. Matty Hirai (City Clerk): It's been withdrawn by the Administration.
180 July 22, 1993
-------------------------------------------------------------------------------
29. APPROVE SUBMITTING TO THE ELECTORATE PROPOSED CHARTER AMENDMENT NO. 1 AT
A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 1993 -- TO AUTHORIZE
CITY COMMISSION TO WAIVE COMPETITIVE BIDDING IN CONNECTION WITH LEASES
OF CITY -OWNED WATERFRONT PROPERTY WITH NON-PROFIT, NON-COMMERCIAL,
WATER -DEPENDENT ORGANIZATIONS WHICH PROVIDE OR SEEK TO PROVIDE MARINE -
RECREATIONAL SERVICES AND/OR ACTIVITIES, WITH PROVISOS.
------------------------------------- ----------------------------------------
Mayor Suarez: Item 32. Approving, setting forth and submitting to the...
Mr. Cesar Odio (City Manager): Sir, sir, 31, we withdrew, right?
Commissioner Alonso: Yeah.
Commissioner Plummer: The Orange Bowl?
Commissioner Alonso: Yeah. Thirty-two.
Mayor Suarez: Item 32, we're on item 32. And I guess there's a lot of other
people here on item 32.
Commissioner Alonso: Are they satisfied with the language? If they are, I'm
ready to move.
Mayor Suarez: All right. I'll entertain a motion on item 32.
Commissioner Alonso: I move the item, if they don't have any objection to the
language and they are satisfied. I'm ready to move.
Mayor Suarez: Frank, is this now in line with your thoughts and those of, I
presume, the great majority of the people that are here? And if you want to
identify them.
A. Quinn Jones, III, Esq. (City Attorney): I don't have the amendment that
they made.
Mayor Suarez: I have never seen you with a coat and tie, sir.
Commissioner Alonso: I was going to say he looks really impressive.
Mayor Suarez: And I have known you for 20 years, 18 years.
Commissioner Plummer: No, I'll bring it up next meeting.
Commissioner Alonso: A charter amendment does things like that.
Mayor Suarez: That's what happens when you have a Charter amendment.
Commissioner Alonso: Yes.
Mayor Suarez: I see your son even is laughing back there.
181 July 22, 1993
Mr. Frank Albritton: Mr. Mayor and members of the City Commission, Frank
Albritton, chairman of the Waterfront Board. We met with the City Attorney,
and the only modification that we'd like to see included was with the
understanding, to understand the Commission to have the language reflect the
waiving of not only the competitive bidding, but necessity of going out for
referendum. And that was the original intent, anyway. And I spoke with the
City Attorney on lunch break, and I believe that's the consensus, that that
can be facilitated. Basically, what...
Commissioner Plummer: Why would you want to eliminate the referendum? I
mean, are you scared to talk to the people of the City? You're going to do it
here now, in this thing here. Why would you - I don't understand why you
would waive the referendum. I don't understand that. Why?
Mr. Albritton: The cost.
Commissioner Plummer: Because of what; the cost?
Mr. Albritton: The cost, yes.
Commissioner Plummer: No, cost is not anything at all. That matter goes on
the regular ballot in November. There's no cost to that.
Mr. Albritton: Well, as we originally started the formulation and development
of the language for this, Commissioner Plummer, that was stated from the very
outset that that was one of the intents of this language in this proposed
change, and this was - this was one of the changes that reflects on what you
have before you. That addresses, I think, Commissioner Dawkins' concern. And
one of it, the City Attorney had, in regards to what we were trying to
accomplish here.
Commissioner Plummer: Frank, my understanding was that this, if passed, would
give the two clubs, or anyof the clubs that operate presently on the
waterfront the opportunity to go and rebid without going out to competitive
bidding, as called for now 1n the waterfront ordinance. I don't understand
why you would eliminate the referendum.
Mr. Albritton: There's two aspects.
Commissioner Plummer: I mean, the people of the City should have the right to
talk.
Mr. Albritton: That's correct, Commissioner Plummer, but there's two aspects.
First of all, we go back to what we were asked, the Waterfront Board was asked
to address. We were asked to address certain concerns expressed by these
organizations.
Commissioner Plummer: Yeah.
Mr. Albritton: We facilitated that by developing the language that
accomplished those - attempted to address those concerns. In developing the
language, there's two applications of 29A and 29C. It was felt that in making
that exclusionary rule, or giving the preference to any of the organizations
182 July 22, 1993
;t: ,Wr
that follow that criteria, to give them the opportunity for these conditions,
and one was noncompetitive bidding, and the - making 1t unnecessary to go out
for a referendum, because on the Watson Island aspect of the 29C, it requires
that. So that was developed on those bases.
Commissioner Plummer: Frank, I have to be honest with you and tell you, I
think if you eliminate that from this Charter amendment, the people of this
community will turn it down 1n a big way. I really do. When you stop and go
back to when this ordinance was put into place, how overwhelmingly this
ordinance passed. OK? The people cherish their waterfront. And you put that
in here now, I can almost predict for you certain defeat, and I just don't
understand why the noncompetitive, I think, where they have the right to go
back and negotiate for another lease without any noncompetitive, that's fine.
Mr. Albritton: Commissioner Plummer, you - if the situation comes on tine, is
if you approve what is read here before you. You have the option, when you
sit down and to consider the leases coming up, this Commission has the option
of deciding whether they would want this. And it's important to understand.
This language says "you may." It's not mandatory. So if the will is that you
don't - if you don't like it, it doesn't meet your qualifications. If you
think it still should go out for three bids, should still go out for a voter's
referendum, then you have that option. This gives you an option.
Commissioner Dawkins: I'm going to tell you like I told you in my office. If
I have that option already, what am I going to put it on the ballot for?
Mr. Albritton: Sir...
Commissioner Dawkins: I already - now wait, now. I already have the option
that you want me to put on the ballot for them to vote for, and now you - why
should I do that if I already have that option, right? Explain to me why It's
necessary.
Mr. Albritton: You do not, Commissioner Dawkins. You do not have that
option. The Commission does not have that option as it currently states on
29C. At Watson Island...
Commissioner Dawkins: But if...
Mr. Albritton: No, sir, you do not have that option. That question was asked
at the last Commission meeting. The answer was that you did not have that
option.
Commissioner Dawkins: So the referendum will give me that option?
Mr. Albritton: Yes.
Commissioner Dawkins: Huh?
Mayor Suarez: Correct.
Commissioner Dawkins: Huh?
Mayor Suarez: Correct.
183 July 22, 1993
Commissioner Dawkins: No.
Mayor Suarez: Yeah, right now, that's the only way to go, is to put it out
for bids, get no less than three bidders, a fair return and if you get less
than three, you have to go to a referendum. Now this would give us the option
to negotiate other terms.
Commissioner Alonso: Negotiate or go to...
Mayor Suarez: For those that are defined here. And I guess including waiving
fees altogether, or not? Not that much of an option?
Commissioner Plummer: No. Fair return to the City.
Mayor Suarez: Always fair return.
Mr. Albritton: And other - other requirements that exist in your Code that
has to be followed, so it's...
Mayor Suarez: We have to follow every other part of our Code.
Mr. Albritton: Absolutely.
Mayor Suarez: And everything that the ordinance provides.
Mr. Albritton: Yes, sir.
Mayor Suarez: The Charter amendment.
Mr. Albritton: That's correct.
Mayor Suarez: Let me tell you. The way it's worded, it might just well pass,
because it does have a lot of built-in public purpose implications and
specifications, so I'm willing to try it.
Mr. Albritton: And, Commissioner Dawkins, one of the changes that's reflected
is one of your - the concerns that you expressed was that you wanted that
ability, not just on the existing, but you wanted anybody to have that ability
to do that. So this language in this document reflects that concern.
Mayor Suarez: OK. We have a motion before us. Do we have a second? I'll
second.
Mr. Jones: Is this with the modification, that they are voting on?
Ms. Julie Bru (Assistant City Attorney): Well, he put it on the record.
Commissioner Dawkins: Any further discussion? Hearing none, call the roll,
Madam Clerk.
Mr. Jones: Mr. Mayor, is this, what you're voting on, is this with the
amendment or without?
184 July 22, 1993
Commissioner Alonso: With the wording...
Ms. Hirai: They just mentioned it, but...
Mr. Albritton: Yes, I mentioned initially the...
Commissioner Dawkins: Who moved it?
Commissioner Alonso: I did.
Mr. Albritton: ... the clarification that we met with...
Commissioner Dawkins: OK. All right. Ask...
Commissioner Alonso: With the clarification that we meet or...
Commissioner Dawkins: Wait, wait, hold it, hold it. The public hearing is
closed now. Let us handle this.
Commissioner Alonso: Yeah.
Commissioner Dawkins: Go ahead, Madam Clerk. Go ahead, Madam.
Commissioner Alonso: Yes, with the modification that we may go if we don't
feel that it's acceptable. That's my motion.
Commissioner Dawkins: Now, could - Frank, that's what you said?
Mr. Jones: Wait a minute.
Commissioner Alonso: Would you repeat the wording, please, so we don't have
any confusion.
Mr. Albritton: Yes. The language on the document you have, the only thing
that 1t was suggested in conversation with the City Attorney and their
assistants at lunchtime was that it also - the language also include the
noncompetitive bidding which exists now, but to have non - make it unnecessary
to go to a referendum.
Ms. Hirai: Yeah.
Mr. Albritton: And that's what we would like to include in that language, in
the document and the charter amendment.
Commissioner Plummer: OK. Here again, let me understand. If another club
wants to establish, let's say, on Watson Island, they have - they can't rebid,
because they've never had an initial bid. How do they go about petitioning
this Commission or petitioning to be allowed the same privilege as the
Outboard Club or the Yacht Club?
Mr. Albritton: They come to you, and you grant or you give them that
permission to do that or not. It's very simple.
185 July 22, 1993
Commissioner Plummer: In other words, this Commission, according to your
understanding - is that, Mr. City Attorney, yours? - that a new organization
could come to this Commission without referendum, without bidding, and they
have every right to petition this Commission, if granted, to establish a new
facility on City waterfront property, as long as it meets the criteria?
Ms. Bru: That's correct, Commissioner.
Commissioner Plummer: Whewl OK. Long as we understand it.
Mr. Albritton: So we understand that with that modification, that we are
suggesting that this go forward as a Charter amendment, allowing them to have
that exemption from a referendum, if you so desire.
Commissioner Plummer: I think it's wrong.
Commissioner Alonso: Well, Commissioner Plummer, you seem to have problems
with that, but my recollection, the last Commission meeting, it was your
desire that we open it up to other groups that wanted to join. I was the one
who said, "I'm satisfied with what we have, they have made many years
contribution, so I have no problem of maintaining what we have." But then you
brought up a point that we felt, yes, it had value, so we said, "If other
groups would like to come, and we find that are community oriented, and bring
some points that have the value for us to consider, then we may accept or not
the new group. If we find that it's not necessary, we turn them down, and if
not, they have an option. And I think it was actually your request to open up
to other groups as to make it, you know, fair to all of the citizens, rather
than to the group that is already established.
Commissioner Plummer: That was my concern at the last meeting. It was my
concern at this meeting. The still bottom line is the fact that when this
amendment went in, was that the people, the taxpayers had a right to speak,
yes or no. You will recall - and I'm not going to go in to the politics of
it - there was a proposal on Watson Island that was supposedly not going to be
a good proposal. It was going to be passed by this Commission. There was no
call for a referendum, and there was going to be a railroad, there was going
to be something on Watson Island that was not going to be to the betterment of
the City of Miami. And so this thing came about that said, "Hey, the people
of this City have the right to speak, yes or no." And that's all I'm saying.
Commissioner Dawkins: How many square miles...
Commissioner Alonso: Well, that's exactly what we all are saying. The
citizens will have to say whether they like it or not. They will have to
vote.
Commissioner Plummer: No, not if this passes.
Commissioner Dawkins: How many square miles are we talking about, Frank,
approximately?
Commissioner Alonso: They will approve it.
186 July 22, 1993
Commissioner Plummer: No. This, they will approve, but nothing in the
future.
Commissioner Alonso: If they turn it down - 1f they don't want it to be that
way, they will...
Commissioner Plummer: Well, that's what I said.
Commissioner Alonso: ... they will deny.
Commissioner Plummer: I think there's a good chance that...
Commissioner Alonso: They will vote against it.
Mr. Albritton: It's three point - on Watson Island, now. We're just...
Commissioner Alonso: And that was a commercial venture, which I find it's
different from this anyways.
Commissioner Dawkins: Yeah, mm-hmm. Yes, yes. In Watson Island.
Mr. Albritton: Right. It's 3.5 acres.
Commissioner Dawkins: Three point five.
Mr. Albritton: Right, but not on the water.
Commissioner Dawkins: What have we got on the waterfront, approximately,
Frank?
Mr. Albritton: About two acres.
Commissioner Dawkins: Two acres.
Mr. Albritton: One, one point...
Commissioner Dawkins: How many organizations are using the two acres now?
Mr. Albritton: Currently, there's two on Watson Island.
Commissioner Dawkins: Two.
Mr. Albritton: Right.
Commissioner Dawkins: Now, so according to what we're saying up here, if the
native Americans came from out here, the Indians, and decided they wanted a
rowing club, now we got three, because this Commission tells them OK. All
right?
Mr. Albritton: If that's the will of the Commission.
Commissioner Dawkins: Then another group comes and they want one, and we give
them one. Now, we got four. Right? And if another group comes, and this
Commission is made to jump through the hoop, because this is a minority that
187 July 22, 1993
don't have no place, has no place, and makes us jump through the hoop and
says, "Now, we want another," we got five. We can't fit five in over there.
So, now, how do we determine what is an acceptable number - and I'm asking the
Commissioners, Frank - how do we determine what is an acceptable number that
everybody can comfortably live together and have enough space to do what they
want to do?
Mr. Albritton: I don't have any answer.
Commissioner Dawkins: No, I'm asking him.
(INAUDIBLE COMMENT)
Mayor Suarez: Actually, sir, you spoke out of turn, but you said exactly what
I was going to say, and what I was going to say is, we'll cross that bridge
when we get there.
Commissioner Dawkins: OK, no problem.
Mr. Jones: Commissioner, let me see if I can help out a little bit here.
Under the...
Mayor Suarez: He's worried that we're going to be overwhelmed with requests
to do this. If that ever happens, we do have a bit of a problem, and
hopefully, it won't happen.
Mr. Jones: Yeah, but I don't think that's going to happen, because one of the
concerns that you had the last time - you didn't articulate it quite that
way - but the new section, if the voters should approve this, there would be a
complete new section that would specify four points that would have to be
complied with. One, the terms of the lease would allow reasonable public
access to the water, da, da, da, da, da; the terms of the lease requires that
the property be used for public purposes; the terms of the lease would result
in a fair return to the City, based on two independent appraisals; and the
terms of the lease complies with all requirements pertaining to membership
prescribed by ordinance of organization use in other facilities. So what I'm
saying to you is that the City would be in a position to apply this criteria
to determine whether this particular - whether "A" group, or "B" group, or "C"
group would be best fit for using that particular property. So I don't think
that you'd have at any one time five groups or six groups coming in, all
asking to use the property. The City would...
Commissioner Dawkins: So that's the legal way of telling me it's covered.
Right?
Mr. Jones: It's covered.
Commissioner Dawkins: All right. Thank you, sir. Go right ahead. Call the
roll, Madam Clerk.
Commissioner Alonso: But at that time, whether we can say yes or send it to
the voters.
Mayor Suarez: All right.
188 July 22, 1993
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-485
A RESOLUTION, WITH ATTACHMENT, APPROVING, SETTING
FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED
CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT
NO. 1, TO AUTHORIZE THE CITY COMMISSION TO WAIVE
COMPETITIVE BIDDING AND REFERENDUM REQUIREMENTS IN
CONNECTION WITH LEASES OF CITY -OWNED WATERFRONT
PROPERTY WITH NON-PROFIT, NON-COMMERCIAL, WATER -
DEPENDENT ORGANIZATIONS WHICH PROVIDE OR SEEK TO
PROVIDE MARINE -RECREATIONAL SERVICES AND/OR
ACTIVITIES, PROVIDED CERTAIN CONDITIONS ARE MET
PERTAINING TO PUBLIC PURPOSE, COMMUNITY SERVICE,
PUBLIC ACCESS, WATERFRONT SETBACK AND VIEW -CORRIDOR
REQUIREMENTS, FAIR RETURN TO THE CITY, AND COMPLIANCE
WITH THE MASTER PLAN, AND WITH THE REQUIREMENTS
PRESCRIBED BY ORDINANCE FOR ORGANIZATIONS USING CITY -
OWNED FACILITIES; MORE PARTICULARLY BY ADDING NEW
SECTION 29-D TO SAID CHARTER; CALLING AND PROVIDING
FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER
2, 1993, FOR THE PURPOSE OF SUBMITTING CHARTER
AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A
CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45
DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL
ELECTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, 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
189 July 22, 1993
--- ---------------------------------------------
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING ROLL CALL,
COMMISSIONER DE YURE REQUESTED OF THE CLERK TO BE SHOWN
AS BEING IN AGREEMENT WITH THE MOTION.
-------------------------------------------------
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I vote yes, let the people speak to the Issue.
COMMENTS MADE AFTER ROLL CALL:
Mr. Albritton: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Albritton: May I say one last...
Mayor Suarez: Well, I'm sorry to everything else. No to Frank Albritton.
What more do you want, Frank?
Mr. Albritton: I would like to end on a positive note. I would like to thank
all the Commissioners, all the wonderful people, that we've worked very hard.
And really, it's a compromise, trying to address a concern that you put forth
to us, and we appreciate your time, especially the Law Department, the City
Attorney, and Ms. Bru.
Mayor Suarez: Very good.
(APPLAUSE)
30. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE AND TO
APPROVE ACQUISITION OF XGEN SOFTWARE AND SUPPORT SERVICES FROM
JACKSONVILLE SOFTWARE -- FOR DEPARTMENT OF MANAGEMENT AND BUDGET,
COMPUTER DIVISION. (See label 32)
Mayor Suarez: Item 33, I believe.
Commissioner Alonso: Yes.
Mayor Suarez: Item 33, sole source. It's a rather small item. Thirteen
thousand, five hundred dollars.
Commissioner Alonso: Move it. Moved by Commissioner Alonso. Seconded by
Commissioner Dawkins, who I saw move his hand.
A. Quinn Jones, III, Esq. (City Attorney): On 33, Mr. Mayor, you need 4/5ths.
Mayor Suarez: OK.
190 July 22, 1993
Commissioner Dawkins: Call the roll.
Mayor Suarez: We don't have 4/5ths. All right, table, please, item 33 for a
moment, Madam City Clerk. We'll go to 34.
[AT THIS POINT, ITEM 33 (ACQUISITION OF XGEM SOFTWARE) WAS
TABLED.]
------------------------------------------------------------------------------
31. AUTHORIZE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS IN BAY
HEIGHTS AND NATOMA MANOR NEIGHBORHOODS -- DESIGNATE A TWO -MONTH TRIAL
EACH FOR PLANS "A" AND "B" -- PROVIDE FOR PUBLIC 'HEARING IF NEIGHBORS
ARE NOT SATISFIED.
Commissioner Dawkins: Oh, we're going - here comes a hard one, 34. You got
to wait till everybody clears out so they can come in.
Mayor Suarez: We have the Mercy Hospital Mafia here, I see. Item 34. Where
are we on this? I have just received personally - I don't know about the rest
of you - correspondence, and I don't know if they've copied the clerk in every
case, but I think it's running pretty much - not tons of it, but it's pretty
much against the - either plan. So I do want to reflect that into the record.
Jim.
Mr. Jim Kay: OK. Mr. Mayor and members of the Commission, at the June 29th
Commission meeting, you directed staff - this item was deferred.
Mayor Suarez: You've got to sort of speak right into it so we can hear more.
Mr. Kay: OK. At the June 29th Commission meeting, this item was deferred,
and you directed staff to come back with an evaluation by Mercy Hospital of
the two plans, Plans A and B, and also to take a straw vote of the Bay Heights
neighborhood on how they felt about implementing Plans A and B. Up on the
screen here, we have, I think, Plan A, which is a plan that really, you might
say, has been presented by the Bay Heights neighborhood. It calls for a
barricade at Samana Drive, a barricade at Alatka, at South Bayshore Drive, and
the closure of Halisee at U.S. 1, and designating Halisee, the first block
north of Bayshore as one-way, southbound. This is Plan A, and as, I think,
believe it was stated before at the previous meeting, both homeowners' groups
would like to try out Plan A and Plan B, which I will put up on just a minute,
on a 90-day trial basis for each. Let me put Plan B up.
Mayor Suarez: You had said that we had instructed you to get some more
feedback from the community.
Mr. Kay: That's correct. Our instructions were to contact Mercy Hospital and
take a straw vote ballot. Unfortunately, this straw vote ballot, we did not
have enough time for our own staff to do this. We would normally want about a
month, about a month to do it. But there was...
191 July 22, 1993
Commissioner Alonso: Then why it's in front of us?
Mr. Kay: The straw vote was taken by the Bay Heights Homeowners' Association,
and the vote count that we were given, taken by the Association, was 54 in
favor, 40 against trying Plans A and B.
Commissioner Plummer: That's Bay Heights?
Mr. Kay: That's Bay Heights. That was the straw vote.
Commissioner Plummer: OK. What about Natoma?
Mr. Kay: Natoma, we were not instructed to take a straw vote on Natoma...
Commissioner Plummer: Well, there was...
Mr. Kay: ... because Natoma was organized in their petition.
Commissioner Plummer: Well, excuse me. Eleanor is here, and she's head of
the Natoma, and I know there was a vote taken. I don't know the results of
that vote.
Mr. Cesar Odio (City Manager): I know it was 18 against and all the others in
favor. That's what I know.
Mayor Suarez: What was the vote? - so we have it for the record.
Mr. Kay: OK.
Mayor Suarez: It had been stated, I think, at the prior hearing.
Commissioner Alonso: Officially it has to be stated. No "we think."
Mayor Suarez: I don't remember what it was, actually.
Commissioner Alonso: The votes...
Ms. Eleanor Simpson: We have...
Mayor Suarez: Name first, and address, please, Eleanor.
Ms. Simpson: OK. My name is Eleanor Simpson. I live at 3303 Halisee Street,
and we began a traffic study last October 19th, and many things have happened
since then. So...
Commissioner Plummer: Eleanor, you're going to have to talk a tittle louder.
Mayor Suarez: Yeah. Move it a little closer to your mouth.
Ms. Simpson: OK, how's that. OK?
Mayor Suarez: That's it.
192 July 22, 1993
Ms. Simpson: All right. Well, we - everybody in our neighborhood had a
chance to vote, and there's approximately 114 homes, and that includes the
homes along the east side of 17th Avenue. Sixty-nine of those people voted.
Sixty-nine in the neighborhood voted. Of those 69, 50 voted in favor to try
the plan, and 19 voted to - for no change, the status quo. So...
Mayor Suarez: And that would be which plan?
Ms. Simpson: That's the...
Mr. Kay: This is Plan B that's shown up here. This is the plan that...
Mayor Suarez: No. The plan she was just talking about...
Mr. Kay: I'm sorry.
Mayor Suarez: ... that there was a vote taken on. Which plan is it?
Mr. Kay: Plan A.
Ms. Simpson: It's Plan A. Ours is Plan A.
Mayor Suarez: OK. And the one that is up there is Plan...
Mr. Kay: The one that is up there now is Plan B. That is what is being
proposed by the Natoma Manors Homeowners' Association.
Mayor Suarez: OK.
Ms. Simpson: No, it's...
(INAUDIBLE COMMENT)
Ms. Simpson: Excuse me.
Commissioner Alonso: He's saying it's "A."
Mr. Kay: This is Plan B up here right now, folks. That is what is being
proposed by Natoma Manors. Am I right or wrong?
Ms. Simpson: Well, I can't see from here. Does that have the diverter in it,
the diverter?
Mr. Kay: That has the diverter in it at Tigertail.
Ms. Simpson: That's Plan - that's Plan B.
Mr. Kay: Right.
Ms. Simpson: Plan B. OK. All right. Plan B. Bay Heights' plan was Plan A,
and the reason we decided, we just flipped a coin, really, to see which plan
we should try first. You know, we began this study quite some time ago, and
in March, we were given instructions by - at the town hall meeting, that the
City would consider only proposals that were submitted jointly by Bay Heights
193 July 22, 1993
and Natoma Manors. So since that time, we have had several meetings, and the
Public Works has been very supportive and cooperative. And so Bay Heights and
Natoma Manors both came out with plans, which both would have worked, so we
agreed to try both of them, and this was.presented last month. And all of a
sudden, Mercy Hospital gets to the picture, and they say they don't want it.
They don't want Plan A or B. And so they decided they wanted to come out with
their own plan, and so we're not in favor of their plan, and we weren't told
that we should even consider their plan. They weren't in the picture.
Commissioner Alonso: They are in the picture.
Mayor Suarez: Well, let me inquire about that
we got you up there to give us the results of
you're characterizing Mercy Hospital's views,
less opposed to Plan B than to Plan A; is that a
Unidentified Speaker: No, it's not.
Mayor Suarez: No? Either one is unacceptable?
(INAUDIBLE COMMENT)
for a second, because I think
a tally. And now, as long as
I thought Mercy Hospital was
correct statement?
Mayor Suarez: OK. And now, you have your own plan?
Ms. Simpson: Well, may I tell you...
Mayor Suarez: OK. And I guess we're going to hear about that, Jim? Has that
plan been...
Mr. Kay: Their plan - they have a plan, if you want to call it Plan C. Their
plan basically calls for the closure of Samana at South Bayshore, but it
leaves Alatka Street open. It does not call for any diverter there that you
see at Tigertail, or any other barricade, and they would like to have Alatka
open, presumably, so their hospital staff has access to the north, at that
traffic light there at Alatka.
Ms. Simpson: Actually...
Mr. Kay: Now, there is...
Commissioner Plummer: No, that's - wait a minute, now. Wait a minute. What
they're looking for is a way to cut through Natoma to get over to 17th Avenue.
They're not denied access to 17th Avenue, or Bayshore, or South Miami Avenue.
Mr. Kay: No.
Commissioner Plummer: What Natoma is asking for is to deny them the right to
cut through a neighborhood. OK? Now, the opposition - and I'm just saying -
because I've already told everybody how I'm voting. OK? I've already told
you all. What is being said is that the Mercy Hospital plan for Bay Heights
is fine, if the Bay Heights people like it - and I can't answer that - because
it's one road in, and the same road out, and it's Alatka. OK? The Natoma
people are saying, "Hey, what about us? You're allowing these people to come
out" - and not just Mercy Hospital, by the way, but the school, all right? -
194 July 22, 1993
and all of the other traffic. "You're allowing them to come Alatka, which
allows them to cut through the neighborhood," and that's where the Natoma
people are upset. Let me just, if I may, Mr. Mayor, to commend Cathy Ellison.
She has taken the time to go, and has petitioned the State of Florida, Dade
County, and everybody that will listen to her - and knowing how persistent she
is - to try to get the four lanes of Bayshore open completely, from Alatka
down to Monty Trainer's. So I want to tell you that that is in the works to
try to get the removal of the historic designation off of that street to where
it could be opened up, which today is a hell of a bottleneck. So I just
wanted you to know that.
Mr. Kay: Mr. Commissioner, may I continue? Also in the Mercy plan is the -
in the closure of Halisee at U.S. 1, they have also made the statement, and
they can confirm this - I think we have Mercy Hospital staff here - that they
are proposing at - to leave - in order to leave Alatka Street open, to
continue the no right-hand turn sign during rush hour, they will post an off -
duty policeman with a police car there to enforce that during that time.
Commissioner Plummer: Are they willing to pay for it?
Mr. Kay: It's my understanding they're willing to pay for it.
Ms. Simpson: Well, excuse me. May I say something?
Mayor Suarez: OK. I'm trying to figure my way through the format here of
what we're going to do, because you have spoken before. I guess, technically,
we are going to want to hear from as many of you as who would like to speak,
but I hope to God that you are organized in neighborhood associations, et
cetera, and if so, if you would identify each time what association you
represent, and then ask people to have a show of hands that they're in your
group and presumably supportive of your position, and we'll try to identify
those that are in opposition. Please try not to be repetitive. There's a
point at which the detail of this is just beyond our competence, and the names
and everything else -I mean, many of us are familiar with the streets. Jim,
as you mention the streets closed, if you'd have somebody point on there which
ones they are, with a little pointer, that would be helpful, and let's just
try not to be repetitive. Tell us again each time your name and what
association you represent, and what people support your position, and we'll
try to work our way through this as well as we can. And ultimately, I'm sure
we're going to want to hear from Mercy, of course, and the two associations,
and any dissenting opinions. That's basically the argument. Yes, you can
step up if you'd like. Eleanor, do you want to complete your statement and
then John...
Ms. Simpson: Well...
Mr. Jerry Bailey: We do, we do. My name is Jerry Bailey. I'm with Natoma
Manors, and we were asked to come back, as you know, with more or less a joint
recommendation. And we'd like to be able to tell you that we did agree on
something, but unfortunately, we have not. Mercy is opposed to the Natoma
plan. Natoma is very opposed to the Mercy plan. Bay Heights, I think, is in
favor somewhat of the Mercy plan, but our perspective, since we have not been
able to agree - it's been very acrimonious discussion - is that if we cannot
have "A" or "B" enacted, then we just as soon would rather have the status quo
195 July 22, 1993
maintained, which is something that is perfectly acceptable to Mercy. We just
think at this point, it's gotten very contentious. We can't reach an
agreement. Rather than continue the acrimony, we'd like to work jointly
together with Bay Heights and also with Mercy. They've been very agreeable to
see what we can do about traffic control.
Mayor Suarez: Well, what about that, pursuing - I thought for a second - what
about the idea that if Mercy is willing to put some resources into the process
of keeping the two communities from implementing the two plans that they -
that were approved, although by a pretty slight majority in one case - I guess
in Natoma - that Mercy might still give us the benefit of that officer that
might help to direct traffic, and otherwise restrict the flow of people in the
wrong directions on the wrong time of day.
Ms. Simpson: OK. Well, the...
Mayor Suarez: I mean, I don't - don't lose that - what I'm saying is, don't
lose that resource. They seem to be nodding their heads, and I think they
understand how - what dire implications all of this has for Mercy.
Ms. Simpson: All right. Now, the reason that Mercy does not want to have
Alatka barricaded is because they say they have patients checking out of the
hospital between 4:00 and 6:00 in the afternoon, some of them leaving in
wheelchairs and on stretchers, and he says they will have to wait as long as
25 minutes to make a left turn at Bayshore. So he said someone could even
drop dead at that time, he says, if they had to wait that long in the heat, a
sick person, to get onto Bayshore. OK. They want - so they want people to be
able to turn right at Bayshore, see? They want the traffic from downtown to
turn right at Alatka - excuse me - turn right at Alatka off Bayshore, so that
traffic can continue moving. Now, let me ask you...
Mayor Suarez: To keep the flow so that we don't have too much backup on South
Bayshore. That...
Ms. Simpson: Well, let me ask you, now, how much backup do you think there's
going to be if they have a police officer there trying to write 843 tickets?
There's - there's...
Commissioner Dawkins: Mr. Mayor... What's your name, sir?
Mr. Bailey: My name is Jerry Bailey. I'm with...
Commissioner Dawkins: Beg your - what's your name, sir?
Mr. Bailey: Bailey, Jerry Bailey.
Commissioner Dawkins: Mr. Bailey.
Mr. Bailey: Yes.
Commissioner Dawkins: I have to sort of agree with your position. I have a
piece of paper here where five residents has just called my office and said
they're in favor of neither plan.
196 July 22, 1993
(APPLAUSE)
Commissioner Alonso: And look, all this.
Mr. Bailey: Mayor may I? Oh, and that's in part because of our concerns that
we couldn't agree. We asked people in the neighborhood to call and say that
if we can't use "A" or "B" and the Mercy alternative is the one that we're
faced with, we just as soon would maintain the status quo. We think there are
stilt some things that could be done to improve the traffic situation. It's
not everything that we want, but certainly, some vigorous and vociferous law
enforcement of the existing regulations would be - would greatly help. We
think helping persuade the Dade County Commission to open up an access from
the Mercy Hospital parking lots onto a perimeter road would also help; and
lastly, maybe even looking again at redesignating or limiting the number of
streets on which left and right turns can be made in the area. But we would
prefer, as Natoma Manors, to see one of the plans, "A" or "B" enacted,
preferably ours. But we cannot agree. We don't have an agreement. Mercy is
opposed to it.
Mayor Suarez: There's no agreement between the two neighborhoods. All right.
Mr. Bailey: So let's pursue another avenue, because we really have had a lot
of acrimony behind this, and we need to move beyond that.
Mayor Suarez: All right. Thank you, Jerry.
Commissioner Plummer: Mr. Bailey, when you say that... I, unless I'm
mistaken, I thought the Natoma were on in accord by an overwhelming vote.
Mr. Bailey: We are. We are, but we're...
Commissioner Plummer: So...
Mr. Bailey: If - if one of the alternatives involves the Mercy plan, which
we...
Commissioner Plummer: No. The Mercy plan was never in consideration. OK?
Mr. Bailey: All right. OK.
Commissioner Plummer: When this - when you came to this Commission, this
Commission was the one who sent to you town hall meetings.
Mr. Bailey: Right.
Commissioner Plummer: You very well elected six from each of the Natoma and
from Bay Heights to come up with an answer.
Mr. Bailey: Yeah, right.
Commissioner Plummer: And then after all of that was said and done, then
Mercy came into the picture.
Mr. Bailey: Right, that's right.
197 July 22, 1993
Commissioner Plummer: Now, I guess really what I'm questioning is, as I look
at Mercy's plan, which we just recently got...
Mr. Bailey: Yeah.
Commissioner Plummer: Is Mercy Hospital willing to pay for the three
policemen?
Mr. Bailey: But the part about Mercy...
Commissioner Plummer: No, I'm asking Mercy.
Mr. Bailey: Yeah, OK, yeah.
Commissioner Plummer: Are you willing to pay for the three policemen to block
the intersections during the peak hours?
Commissioner Alonso: Well, he said yes.
Unidentified Speaker: Yes.
Mr. Bailey: But, Commissioner, can I point out one thing? The part of the
plan that we were quite concerned about was the closure of Samana, and our
very sincere and deep fear that a lot of the traffic that is cutting through
Bay Heights would now be directed to Natoma Manors. Now, we're in favor, of
course, of trying to help both neighborhoods, but we didn't think that this
particular proposal went far enough to helping both. In fact, it probably
hurt us more, which is why we're saying if that's the alternative we're faced
with, then nothing - and focus on the law enforcement. We prefer Plan B.
Commissioner Plummer: Yeah. But, Mr. Bailey, the point I'm trying to make,
sir, is that there has never been an offer by Mercy in the past to pay for
three police officers to be there from 4:00 to 6:00 every day, and from 7:00
to 9:00 in the morning, which would be the two officers...
Mr. Bailey: I agree, I agree.
Commissioner Plummer: And I think that that is worth a consideration.
Mr. Bailey: Oh, we're in favor of that. In fact, we've discussed it, and we
want to do that.
Commissioner Plummer: I think it's worth...
Mr. Bailey: We just want to keep the streets open, if that's the alternative
we're going to.
Dr. Waldo Ellison: May I speak?
Vice Mayor De Yurre: Go right ahead.
Dr. Ellison: I'm Dr. Waldo Ellison. I live at 1623 Micanopy. I'm on the
staff of Mercy Hospital. I'm the chairman of the department of psychiatry
there. I know many people here from Mercy Hospital.
198 July 22, 1993
Vice Mayor De Yurre: As patients?
Dr. Ellison: I've lived in Natoma Manors for 20 years. Every five years,
this issue comes up, and every five years, nothing is done. The last
suggestion that we had was putting up stop signs, and then having the police
there, and no right-hand turn lanes. None of that stuff worked. We're here
today because in front of you are the children of our future, and we are
concerned that our children are in jeopardy, and our community, because our
community has four to five thousand automobiles going through it every day.
Not 100, not 300, not 1,000; four to five thousand. Natoma Manors is like an
expressway.
(APPLAUSE)
Dr. Ellison: Now, let me give you a little historical background. I've known
J.L. Plummer for many years, and J.L. has one philosophy which I...
Commissioner Plummer: Wait, wait, wait. Tell them you didn't treat me.
Dr. Ellison: No, I didn't treat him. He was untreatable.
Commissioner Plummer: Ha -ha-ha.
Dr. Ellison: He didn't need treatment.
Commissioner Plummer: Close Micanopy. Ha -ha-ha.
Dr. Ellison: And one of the things J.L. has always said is that if there is a
problem, get the community together to discuss it. After you discuss it,
bring it back with your conclusions. OK? Now, one of the big problems here
over the years is that Bay Height and Natoma Manors had different agendas, and
the different agenda is very simple. Whenever we get together to solve a
problem, Bay Heights always, at the end, changes their mind, in order to suit
themselves, and basically, it's too bad for Natoma Manors. What Bay Heights
has embraced now with Mercy Hospital's plan is that in order to protect the
people of Bay Heights - and I don't blame them for this - they want to close
off South Bayshore at Samana. Therefore, all traffic will go through Natoma
Manors. All the 5,000 cars now will go through Natoma Manors; not half of
them through Bay Heights, but all through Natoma Manors. Mercy Hospital - and
I have nothing against Mercy Hospital, I'm on the staff, I want to see it
grow, I want to see it be a valuable asset to the community - but one thing
I've learned over the years is the fact that if I want to do something, it
isn't the responsibility of the neighborhood to defend themselves against my
expansion. It is my responsibility, if I want to double the size of my
facility or my hospital, to see the impact on the neighborhood. In this
situation, it's sort of "bass-ackwards." The tail is wagging the dog. Mercy
Hospital says, "We want to get larger, people, and you're interfering with us
getting larger, because you don't want all of the City of Miami traffic, as
well as our traffic coming through your neighborhood, and we don't like that."
This is the same thing like the Mississippi River - it's overflowing now - and
Mercy's philosophy is, every afternoon, it should overflow. One of the things
that I understood with their philosophy of placing the policemen was to
prevent people from downtown coming in through Natoma Manors. I didn't hear
199 July 22, 1993
them say that they were going to prevent their people from coming to Natoma
Manors. It's my understanding that Mercy Hospital people can exit Mercy and
go directly into Natoma Manors.
(APPLAUSE)
Dr. Ellison: Now, as far as I am concerned...
Commissioner Plummer: Doctor, that was not my understanding.
Dr. Ellison: OK. Well...
Commissioner Plummer: Excuse me. If they were going to hire three
policemen - that's what they're talking about - one was going to be at
Bayshore and Samana, one was going to be at Alatka and Bayshore, and one at
Hallsee and Bayshore, and only allow local residents, but no one else.
Mr. Odio: But to do what? But what is the difference then? If you put a
barrier there, their people coming out of the hospital would have to...
Commissioner Plummer: No, a barrier is there all day long.
Mr. Odio: Huh?
Commissioner Plummer: A barrier is there all day long.
Vice Mayor De Yurre: J.L.
Commissioner Plummer: Policemen will allow emergency vehicles to come in and
go out. There's a lot of difference...
Dr. Ellison: J.L., let me add something - which you are aware of, and maybe
the City Attorney can go and clarify this. But if you recall, J.L., when we
put in the signs about no left turns, we found out that they weren't
constitutional, for local traffic only; that everybody had the same access.
So the police cutting out local traffic isn't worth a hill of beans, because
everybody has equal access under the law.
Commissioner Alonso: Yeah.
Dr. Ellison: So the only way to stop this is through a diverter. Now, let me
continue over here, because I have a solution, among other things. The
reality of the situation concerning the historical highway was established for
a simple reason - to maintain the integrity of the neighborhood. It wasn't
established that way so that Mercy Hospital could double its size. And that's
what the plans are, with regard to the patient population. Once again, I
don't have anything against Mercy. I'm just saying, there's got to be some
solution, and I've racked my brains out trying to come to a solution, and I
have the following solution, for whatever it's worth. Number one, in order to
increase the lanes on South Bayshore Drive, being that it's declared a
historical highway, no State, federal funds can be used for it, but local
funds can be used for it, and they will permit you to go and widen the street
with historical highways. That's my understanding of it; maybe I'm wrong. My
suggestion is very simple. That Mercy Hospital should look into their plan
200 July 22, 1993
and establish - they have the possibility of three entrances and exits into
that place. You have Mercy Way; you've got the Perimeter Road coming out from
Halisee; you also have the option, on the northeast side, where the church and
the high school is, to access that road. My suggestion is that they take a
look at this and see if they can make these roads - if they can make these
roads one-way roads - some going in, some going out - in order to reduce one
traffic light, and have more access going in there. Number two, I would
suggest that Mercy Hospital, if they want to grow, they pay for widening South
Bayshore Drive from the hospital to 17th Avenue. At 17th Avenue, you have a
right turn there going up 17th Avenue, and you have a policeman at 17th
Avenue, and you - and you also have a blinking light. at Fair Isle, or a
policeman there. At least, get 1t coordinated to get the traffic going, and
1f for some reason you don't cross off Alatka, that place has to be crossed
off to everybody - no local traffic, no nothing - it's completely closed. But
my suggestion is that they have to take a look at their whole plan as to what
they want. They can also set it up that no visiting between 3:00 and 6:00
o'clock so that the traffic doesn't increase. If you take a look at the
traffic on 17th Avenue going to South Bayshore in the afternoon, two-thirds of
it - believe it or not - goes to Mercy. They don't go down South Bayshore
towards the Grove. People who go into Grove Isle scoot down Micanopy to
Coacoochee, and cut down that way. So the reality of the situation here is
that once again, why must we and our children in front of you, be the flood
plain for the Mississippi River - Mercy Hospital - because they want to
expand? It's a fine hospital the way it is, and I don't have anything against
it. But, people, if you want to expand it, fine, use your head. Come up with
some other traffic ideas. I mean, I have, by myself. I think they're pretty
decent. Pay to widen South Bayshore Drive to 17th Avenue, look for a one-way
in and out, but provide us the opportunity for our children to be able to be
on the street and not fear crossing over because some car is going to hit
them. With that, I have to go back to my office. I have patients to see.
I'm a responsible person. Thank you.
(APPLAUSE)
Commissioner De Yurre: Wonderful. OK.
Mr. Bailey: Commissioners, I'd just like to make a couple more points, and
then yield the floor, if I may.
Vice Mayor De Yurre: Now, are you representing a whole group or...
Mr. Bailey: I'm with - was selected by the board of Natoma Manors to speak.
Vice Mayor De Yurre: OK. All right. But are you trying to rebut what he
just said?
Mr. Bailey: No, no. I'm just saying we've had a lot...
Vice Mayor De Yurre: OK. Because we have a bunch of people here.
Vice Mayor De Yurre: Very good.
Mr. Bailey: I'm not rebutting. I'm going to be very brief. We have a lot of
plans that have been considered, and the difficulty is we cannot get anybody
201 July 22, 1993
to agree on one. That has been the hassle. And we don't have a consensus on
any of the three that were submitted today, which 1s why we came in here and
said that if you're going to consider all three, then we'd just as soon would
try and work something out in conjunction with Bay Heights, and also with
Mercy, to help control the traffic. We have lots of ideas. You asked us to
agree. We haven't been able to agree, and that's the dilemma. And rather
than go through with a plan that we think is totally unacceptable to us, we're
prepared to work at other avenues.
Commissioner Plummer: Could I ask one question of the Department? You know,
we put something there that the doctor just said didn't work. We tried the
four-way stop signs, and for a while, they were effective. We put signs
there, no right turn from 7:00 to 9:00 and 4:00 to 6:00. Was there any
consideration given to a plan that the three intersections be made one-way,
going towards South Bayshore Drive?
Mr. Jim Kay: All three?
Commissioner Plummer: All three, yeah.
Mr. Kay: I don't believe all three, but...
Commissioner Plummer: What's the difference if they were one-way going
towards Bayshore Drive, or if Mercy pays for a policeman at all three
intersections? And the thing that I thought about, if you have one-way
streets, then it doesn't prohibit emergency vehicles at any time for
traversing over those streets any way that they need to. You know, we're -
let's remember one thing, to the Commissioners. Right after this, we're
talking about Coral Gate, and they're of the same problem and the same
concerns that these kids here are, so I think you better understand where
we're coming from. Now, all - you say you did not...
Mr. Odio: Commissioner, can we ask...
Mr. Kay: No, not all three of them, no. But that is certainly something to
look at, because it leaves It open for emergency vehicles.
Mr. Odio: Can we ask Mercy Hospital about the idea of those three exits, the
three entrances? Because I had not realized that they do have three roads
leading into Mercy.
Unidentified Speaker: There's only two.
Mr. Odio: You have - well, how about the church?
Commissioner Plummer: Well, there's two, but you could make a third one where
the church and the school is.
Mr. Odio: You could make a third one, couldn't you?
Unidentified Speaker: Well, it's the school's road. It's not...
Mr. Odio: Oh. Well...
202 July 22, 1993
Commissioner Plummer: And I think there's a binding covenant restricting when
Mercy was allowed to open up that they could not have any more openings to
their hospital without Commission approval. So I mean - well, they could do
it. It would have to come here.
Vice Mayor De Yurre: OK. Ray, you're on.
Mr. Ray Cantillo: Thank you. Mr. Mayor, Mr. Vice Mayor, members of the City
of Miami Commission, distinguished members from the public, I believe that
the...
Vice Mayor De Yurre: Name. Name and address.
Mr. Cantillo: Oh, OK.
Vice Mayor De Yurre: You missed the most important thing of your
introduction.
Mr. Cantillo: You're right, you're right. Ray Cantillo, 86 Bay Heights
Drive. I think we have an issue here that's been taking different shape in
different meetings, but I think the situation boils down to the fact that what
we really ought to do, if anything, to try first, is to try to enforce what we
already have In Bay Heights and Natoma Manors, and that situation is four-way
stop signs that nobody really respects. If we have the proper law
enforcement...
Commissioner Plummer: They come down my street 80 miles an hour.
Mr. Cantillo: And it is a blessing of God for Mercy Hospital to provide us
with additional police law enforcement personnel at no cost to the City, or
the neighbors of Natoma or Bay Heights, and try something which we haven't had
for a few years, and that is a system where if people speed and they don't
respect stop signs and so forth, that they'll be ticketed. I think that would
be a very simple solution to try, one that would afford everyone a time to
think and a time to retrospect into what can be done that would help everyone
out. I feel that there are a lot of people here trying to find a good
solution with Plan A, a good solution with Plan B, but it boils down to crime,
traffic, and other things that may take different shape. But I do believe
that if we had a presence of a law enforcement officer at several times there
during traffic, ticketing people who speed through Bay Heights and Natoma
Manors, who don't respect your stop signs, I think you may stop all that
traffic, because it would be unfeasible to spend time stopping 20 different
times before you get to the 17th Avenue crossing. And I thank Mercy Hospital.
I see Mercy Hospital as a place to go if you have an emergency. If you
gridlock our neighborhoods, older people, who are 40 percent of Bay Heights,
may have a life and death threat emergency, may not be able to make it to the
emergency room, and I really see Mercy as an angel, rather than at fault, in
coming through and giving something that I wanted to ask them two weeks ago,
and without asking, they went ahead and said, "We have in mind a plan to
provide some law enforcement at our own cost to help your situation." They
don't have to do that. Mercy is not in the business of providing law
enforcement. I think I am grateful to the fact that, not only are they a
competent and one of the first place health facilities, but also a good
corporate neighbor to Coconut Grove, and I want to thank Mr. Rosasco and all
203 July 22, 1993
the ,people from Mercy for at least having something to give us that we
basically didn't ask you for. And I do hope that we call can do something
that will not be a draconian measure, as "A" and "B" seem to be. I hope we
can do something with stop signs that are there already, which haven't been
respected by anyone, and I guarantee if you put a cop in there today, people
would not be crossing through Bay Heights if they have to stop on every
corner. Thank you for your time. God bless you all.
Vice Mayor De Yurre: Thank you. OK. Name and address, please.
Dr. Jack Seitlin: My name is Dr. Jack Seitlin. I live at 1666 Tigertail.
I've lived there for 30 - almost 35 years. I've seen traffic come and go. I
am against any plan that will change the traffic pattern of both Bay Heights
and Natoma Manor. I think that any change is just going to bring more
problems. Every time we have tried to change, some problem has occurred that
we have always gone back to exactly what I'm saying, no change at all. There
are some restrictions. I agree with Mr. Cantillo that we need law enforcement
to enforce four-way stops or all -way stops at these streets. If that's done,
our children are protected, we're protected from speeders, and I don't see any
harm in keeping it the way it is. I appreciate all of the efforts of
everybody that has tried to change, but from experience, I see that change is
not going to be available to us. We must - we must obey the traffic laws and
continue what we're doing. Thank you.
Dr. Andres Candela, Jr.: My name is Dr. Andres Candela, Jr. Members of the
Committee and the public, I grew up 1n Bay Heights since 19...
Vice Mayor De Yurre: Do you have an address?
Dr. Candela: Oh, 94 Bay Heights Drive. I grew up in Bay Heights since 1971,
when my father moved into 42 Bay Heights Drive. I have recently purchased a
home at 94 Bay Heights Drive. I am happy to be in Bay Heights. However, as a
child growing up in Bay Heights, I had always had to run away from traffic,
and always be attuned to that, and despite all the parental supervision, I was
always afraid to have a football game, or to be in front of my house, to be in
front of my house. And I fear for my child at the current moment. I'm going
to make it short. I'm just here to make this public record that in Bay
Heights, we had a vote for implementation on a trial basis. What we all seem
to forget, that we're talking about trial. If we don't try something, we have
no idea what effect this is going to have. And for public record, the - we
had greater than 50 percent of Bay Heights voted for implementation of Plan A
and Plan B, of which the majority was in favor. Thank you very much.
Vice Mayor De Yurre: Next. Don't be shy.
Mr. Edward Rosasco: Good afternoon. Commissioners, City Manager, I'm Ed
Rosasco. I'm the president of Mercy Hospital, and I regret that I come and
add to the conflict of this afternoon's hearing, but let me tell you that we
welcomed the opportunity that you gave us last month to look into this and
work with the community, and I would tell you, consistent with that charge, we
have worked with both of the associations, and I would agree with Mr. Bailey,
we don't have consensus, unfortunately. We are - and let me just correct some
presentations that were made by Dr. Ellison. You should not leave here today
thinking that Mercy Hospital is about to become a conglomerate and
204 July 22, 1993
significantly expand. We have a problem with both plans today, and if you are
in or on Mercy Way at this moment, it would take you two or three lights just
to get off of our property, as you now know it to be controlled. So we have a
problem today. We don't plan any significant expansion. Much of that that we
are talking about has to come back before this Commission. But I would tell
you that we met with both of the associations. If there has to be a plan -
and we would like nothing to happen - we will do whatever, and continue to
work with both associations. We'll bring our resources to bear on the
problem. If that means policemen at the corners during the peak traffic
hours, we're more than happy to do that. But it was correctly characterized
that we do increasingly have ambulatory patients - more so than inpatients -
increasing our traffic, and those are the people who are going home at all
hours of the day, not just between 4:00 and 6:00 in the afternoon. I would
also close - just to let the audience know - that while we are not a
significant taxpayer, we were mischaracterized last month as being not a
taxpayer, and we do pay taxes on our office building, some $350,000 last year.
Seven hundred of our 2,000 employees are voters in Dade County - in the City
of Miami - excuse me, not just in Dade County, but in the City of Miami. And
we want to be a good neighbor in this community. We would, at the very last,
we would not want to be divisive on this issue. So if we are to have a plan,
we would prefer the Mercy Plan C, but rather than that, if you choose not to
take any action today, we will commit to you our continuing efforts to work
with both associations to bring about a favorable solution, including the
bringing to bear of Mercy Hospital resources to the problem. Thank you very
much for the opportunity.
Vice Mayor De Yurre: Thank you.
Mr. George Fisher: Good afternoon. My name is George Fisher. I reside at 70
Bay Heights Drive, and I am the chairman of the Bay Heights Association, the
traffic committee, one of the six that was chosen to deal and try and work
something out with Natoma Manors. When Natoma Manors first came to us, they
showed us two plans. They showed us Plan A and Plan B. We acquiesced to one
of those plans we should try, and we agreed on that. Mercy Hospital came
around and Mercy Hospital said that Plan A and B was not acceptable to them.
They gave us Plan C. We accepted Plan C. What we are showing is that we are
trying to accept a plan. I've only lived in the neighborhood for five years.
Dr. Cant1110 and the other people that have spoke have lived here for many
years more than I have. But I am told - and as the gentleman, the doctor from
Natoma Manors stated earlier - every five years, this pops up again. If it
keeps on popping up and nobody does anything about it, the it's going to go
away, and it'll be another five years, and maybe something terrible is going
to happen to one of these people, and that's the scary part. And I can't
understand, when you've gone to the trouble of bringing these children here to
show the importance of the children, how they can be willing, or how anyone
can be willing to walk away and not do anything, and go back to status quo.
Status quo is admitting defeat. We can't admit defeat anymore. We have done
everything that we can in our neighborhood. We have bent over backwards.
Commissioner Plummer: Hey, if they take and make this one one-way, I can
accept the Mercy plan.
Mr. Fisher: Two plans were brought to us. We said, "We will try them, we are
happy to do it." Mercy Hospital came to us, they showed us a plan. We said,
"That plan is acceptable to us."
205 July 22, 1993
(INAUDIBLE COMMENT)
Commissioner Plummer: Well, if they make that one-way, OK?
(INAUDIBLE COMMENT)
Commissioner Plummer: Make Alatka one-way? I can accept that plan. Yes,
sir.
Mr. Fisher: We are bending over backwards, trying to do something about this
problem situation. I don't know how many more plans have to come away that we
will accept before someone does something about it. But I think to walk away
and do nothing 1n this case is a terrible, terrible mistake. We have a
majority that has voted on these issues, and we are in accord, and that's what
our committee has decided. I also believe, although I wasn't at the last
meeting, that we were told by the Commission that you people wanted to see
where the majority was on this issue. If so, in fact, Mercy Hospital is an
entity, then we have three entities involved. Both Mercy Hospital and Bay
Heights have accepted the ability simply to try Plan C. This is acceptable to
us, this is acceptable to them.
(BOOING)
Mr. Fisher: Everyone - I don't believe that anyone is talking...
Commissioner Plummer: George, George, how about...
Mr. Fisher: That's all Natoma Manors. That's all Natoma Manors.
Commissioner Plummer: Ha -ha-ha.
Mr. Fisher: This is - see, these are the people, J.L. ...
Commissioner Plummer: How about "D"? How about a Plan D?
Mr. Fisher: I don't know. Show me a Plan D.
Commissioner Plummer: How about Mercy Hospital's with one provision - make
Alatka one-way southbound towards Bayshore Drive, and I could accept the Mercy
Hospital.
Unidentified Speaker: Yeah, I'd take that.
Commissioner Plummer: I will, too, right now. Right now.
Mr. Fisher: Now, what is it?
Commissioner Plummer: Take the Mercy Hospital plan...
Mr. Fisher: Can you show us up on here?
Commissioner Plummer: No. Take the Mercy Hospital plan with one difference.
206 July 22, 1993
Mr. Fisher: And what's that?
Commissioner Plummer: Take Alatka from Micanopy to Bayshore and make it one-
way south towards Bayshore Drive. Now, I can accept that. Sure, right now.
Unidentified Speaker: And keep Samana openi
(AUDIENCE SHOUTING)
Mr. Fisher: That's not - you see, you see...
Unidentified Speaker: Keep Samana open.
Commissioner Plummer: Hey.
Mr. Fisher: J.L., is that one plan...
Commissioner Plummer: George, excuse me. Let me clarify for the record. I
have said from day one, this - even though some have accused me that this is
my idea, it's not my idea. This idea came about because of the 34 kids in my
neighborhood. That's how it came about. OK? I have said before, and I'm
going to say again, for the record, I pledged that I would vote for whatever
the majority vote applied for, Plan A, or B, and that's where I'm at. OK? So
that's where my vote is. I can't speak for anybody else on the Commission.
But whatever these people - keeping in mind that it is a plan for a 90-day
trial.
Mr. Fisher: That's right.
Commissioner Plummer: OK?
Mr. Fisher: That's right. Thank you.
(APPLAUSE)
Vice Mayor De Yurre: J.L., we're talking about three plans right now.
(AUDIENCE SHOUTING)
Commissioner Plummer: Well, Victor, no.
Vice Mayor De Yurre: Guys, guys, guys.
Commissioner Plummer: Well, you are talking about three plans if you include
the Mercy Hospital plan. But of the residents, there was Plan A and Plan B.
After those two were completely thrashed out by the Committee of six from each
representative, at the last meeting, Mercy came in and asked to be allowed to
surrender a Program C, and that's what you have here, which Mercy Hospital
sent to you. I said to "C," I could accept if it was one other provision, and
that was the Alatka Street. So take it from there.
Commissioner Alonso: I...
Vice Mayor De Yurre: Well, are we in a position... go ahead.
207 July 22, 1993
Commissioner Alonso: Yes. What we have seen this afternoon, 1t gives at
least for one vote, put me in a position that I cannot, in all honesty, make a
decision this afternoon. I see groups saying one thing in a very strong
fashion, and the other groups saying just the opposite, others asking us keep
the status quo. I think what we should do, in a very serious fashion, study
the situation - not put it aside and wait another five years - but study the
situation. Whatever we do today, either "A," "B," "C," is irresponsible,
because this Administration cannot, really, in all honesty, tell us that is
the best for the community, and we have a responsibility farther than one
block. We have a responsibility for the entire community. And I suggest that
the Public Works Department look at the situation, meet with representatives
of the different areas, and come back with a plan that makes sense, as it has
been done in other neighborhoods. But I don't think that, with what we see
today, people really know what they want. Neighbors in the same block have
spoken in favor and against, and what are we to do? Close all the streets in
the neighborhood in order to please the community? I'm not about to do that.
For one vote, I'm not to do that.
(APPLAUSE)
Commissioner Dawkins: Open confession is good for the soul.
Vice Mayor De Yurre: Listen.
Commissioner Dawkins: Open confession is good for the soul.
Vice Mayor De Yurre: Go ahead, speak your peace.
Commissioner Dawkins: I agree with J.L. We told the neighbors, "Go and come
back with a plan." We, the Commission, told the neighbors, "What the majority
of you want, we will go with." Now, I am prepared - me, personally - to vote
for a trial of "A," as we said - and you were supposed to have decided which
one you would try first, I think that was the agreement - and for the trial of
"B," and then I would hope that the neighbors would say, "All right, we've
tried 'A' and 'B,' let's try 'C.' We don't know that 'C' is not the answer.
We don't know that 'C' is the answer." But I am prepared to do what we said
we would do when you came here the last time, and that is, the majority - we'd
try the majority one first, and the second one second, and I would hope that
we would - you could get it down to - and 30 or 45 days each, and try the "C"
plan, and actually let the neighbors come back and say, "We like this one, we
don't like that one," and put in the one that would satisfy the need. I don't
care about the neighbors. You aren't going to satisfy all the neighbors. But
if your desire is to protect our youth, then you would have to ask yourself,
"Is 'A' more beneficial to them, is 'B' more beneficial to them, or is 'C'
more beneficial to them?" and you would have to make a sacrifice and go with
the one that you think was most beneficial. That's what I'm prepared to do.
Vice Mayor De Yurre: Well, are you saying that - because in reality, we have
four plans. The fourth one is the status quo, which we've seen already how it
works.
Commissioner Plummer: It doesn't work. That's why they're here.
208 July 22, 1993
Vice Mayor De Yurre: So - and not only are you in favor of "A," or "B," or
"C," and I think it's pretty much broken down pretty fairly as far as numbers
are concerned. So do we make a motion here that says, "Hey, let's break this
down to a six-month period; two months for 'A', the next two months for 'B';
and the next two months for 'C.' And then at the end, we can test to see
what's the best for the community"? Are we heading - you're heading in that
direction, aren't you?
Commissioner Dawkins: Yeah, I am. That's the way I'm headed, yes.
Vice Mayor De Yurre: OK.
Commissioner Dawkins: If the majority of - either that, or they tell us,
"Let's don't do nothing." They have to make up their minds.
Vice Mayor De Yurre: It's either that, or we do nothing, basically, because I
don't think anybody here - there isn't a consensus, really, for any one given
plan. There isn't an overwhelming support for "A"; there isn't an
overwhelming support for "B."
Mr. Daniel Saffe: Excuse me, I think there is. I think there is. I think
the neighborhood, both neighborhoods voted for plans.
Vice Mayor De Yurre: Sir, s1r, sir.
Mr. Saffe: Yeah.
Vice Mayor De Yurre: I know you're anxious to speak,'.but you'll have your
time. How many here are in favor of Plan A?
Commissioner Dawkins: Raise your hands.
Vice Mayor De Yurre: OK. So nobody likes Plan A? Plan A. OK. Plan B.
Unidentified Speaker: The diverter is "B."
Unidentified Speaker: (Inaudible) majority for either one. That's what we're
trying to say.
Vice Mayor De Yurre: Plan C? Status quo? Uh-huh. So like I'm saying, it's
pretty much even.
Mr. Saffe: We took a vote. We took a vote, sir. We took a vote.
Vice Mayor De Yurre: It's pretty much even.
Mr. Saffe: This is no representation of the neighborhood here, sir.
Vice Mayor De Yurre: I'll tell you. I'm ready to move. I'd like to listen
to them, but I'm ready to move to break it down in two -month periods, and try
them all. But go right ahead.
Mr. Saffe: OK. My name is Daniel Saffe. I'm the president of Bay Heights
Improvement Association, and I have seen here a lot of people saying things
209 July 22, 1993
a.
for their own benefit or whatever they support, but really not what they
represent. And I represent the amount of neighbors who voted me and elected
me, and also I represent myself here. But the main situation what I see, Ms.
Miriam Alonso, and Mr. Dawkins, which I think he is the - I heard saying
something that really is very encouraging. At least some Commissioners are
there to give us the opportunity to try something, because status quo is very
much a matter of the past. If you can see the faces that are speaking here,
you can see a difference of age, and this is what has happen 1n our
neighborhood. There is a difference. People who looking in the future - we
looking in the future here; and people who looking in the past, people who
don't want to change things. And unfortunately, we have to think that change
is necessary, because the amount of cars are increasing, criminals are
increasing, and we have to do something, because unfortunately, streets cannot
be enlarged and we make them bigger, but there is small things that we can do
to help. And there is here in the table presentation of plans which will not
solve all the problems - ever will solve all the problems - but at least we
have the chance to do something to diminish the problems. The Plan C, which
is represented by Mercy Hospital, which it not necessarily was presented to
the neighbors, because it was not enough time, that plan at least will
diminish between 4:00 and 6:00 in the afternoon, between 800 and 900 cars
going through Bay Heights and Natoma Manors, and that is something. At least
will reduce a bit, the chance of these kids or maybe an older person getting
hit by a car. In my opinion, still, my kids - because I have kids, like many
of the neighbors - are to be supervised, and I don't think they should be in
the streets. Then definitely, we have to be very careful. And the main
responsibility lies with the parents for the kids to stay at the home,
unfortunately, because even if we leave - if we close all the streets, still
will be somebody circulating, and still will be a danger. But we are - I'm to
do here - is to try to diminish that danger, and I think 800, 900 cars - the
proposal of Mercy - is something. The Plan A and B, - no "us," yes, it's been
decided by the neighbors who vote, all the neighbors. Also, the Plan A and B
is a compromise between the two neighborhoods, which has been accepted by both
neighborhoods - Bay Heights and Natoma Manors - to give a try. Those - all
the neighbors were given the opportunity to vote in both neighborhoods, and
those didn't care, but only like to come and make noise here, probably didn't
vote. But those who really care sent that vote back, and those are the people
who are represented, and I think the Commissioners here should look unto. We
have the public record here who voted, in here, in Bay Heights, and I'm sure
Natoma Manors have their votes as a public record. And this has - they are
responsible people who responded properly, and that's the people I think we
should care about. And they want a try. They want to try Plans A and B. We
didn't have the chance to go to our neighbors for "C." What we propose here
was a compromise with Mercy which will allow us to try Plan C, and then after
three months of a trial, go for a general vote between Natoma and Bay Heights,
and decide if we want to continue with that or not. That's what was put in
the table. But still, we have been mandated from our neighbors to try "A" and
"B," and I think we should give a try to Plans A and B and eventually, as has
been suggested here, Plan C, it is necessary, and then decide about. I am for
the proposal of Mr. Dawkins and Mr. De Yurre to try the Plans A, B, and C, two
months each, and then go for a vote at the end of those six months, and let
the neighbors, all the neighbors - not those who are here interested - decide
about. Because that's democracy and that is what is make this country all
about. Thank you.
210 July 22, 1993
Mayor Suarez: I was watching the proceedings to the extent that I was able
to, and I think at some point, almost everyone has been heard, but if anyone
hasn't, or any position has not been stated, let's hear it quickly, and then
let's grapple with this issue at the Commission level. Jack, quickly.
Mr. Jack King: My name is Jack King. I live at 3695 North Bay Homes Drive in
Coconut Grove. It's not often that I agree with Commissioner Alonso on
anything, but I certainty agree with her position here today. One of the
things I don't think that you all understand - and I certainly empathize with
why you want to protect your children. I want to protect my children, too,
and I live in South Grove - but one of the things I don't think anybody is
paying any attention to here is the car at 4:00 in the afternoon that is
blasting through Natoma and Nethia, and finding a shortcut to get off of
Bayshore, 15 minutes later is in front of my house doing 65 miles an hour on
Douglas Road. All right? So we're all - the people that are causing the
problems in Coconut Grove start in the morning at one end, and finish towards
downtown Miami, turn it around in the afternoon. They don't live here, they
don't work here, they have nothing to do with Coconut Grove. Because of the
shortsightedness of the Florida Department of Transportation and Metro -Dade
County, Old Cutler Road, Ingraham Highway, Douglas Road, Main Highway,
Tigertail and North Bayshore - or South Bayshore Drive have become a high
speed access for people that don't live in the area, don't work in the area,
and then they have adversely impacted our quality of life. All right.
Coconut Grove is primarily a residential area. Most of the people, they live
here, they don't work here, and so we have a small village area. But I really
don't believe that throwing up barricades, you know, hiter and yon, even
though I know why you want to do it, and I want the same thing to happen in my
neighborhood. I want it to work, all right? All it does is, it's like a
gigantic balloon, and you just - you put a barricade up and you squeeze it
here, and then a problem pops out somewhere else. I'm really happy that the
City Manager doesn't have a traffic problem in his neighborhood anymore,
because he has barricades, all right?
Mr. Odio: Look, you know, you are - you are...
Mr. King: I'm only - I'm only...
Mr. Odio: You are as accurate as your newspaper, you see.
Mr. King: Why, thank you very much.
Mr. Odio: You see, I happen...
Mr. King: Why, thank you very much. I really appreciate that.
Mr. Odio: I happen to live in Micanopy.
Mr. King: I understand. But that whole quarter along 27th Avenue and
Aviation, when the barricades were put up there, it did wonderful things for
that particular neighborhood. It caused huge problems in Bay Heights, and it
caused huge problems in South Grove, because those cars are still coming
through there. And if you want to talk about traffic fatalities...
(INAUDIBLE COMMENT)
211 July 22, 1993
Mayor Suarez: Please, please, please.
Mr. King: If you want to talk about traffic fatalities, in the last six
years, at the corner of Ingraham Highway and Douglas Road, there have been
five fatalities. In the area where Main Highway and Douglas Road come
together, the De Garmo Estate's property, there have been 70, 117011 traffic
accidents in the last three years.
Commissioner Plummer: Declared by the University of Miami as one of the worst
corners in the City - in Dade County.
Mr. King: And probably so, but nothing has ever been done about it. You
know, I have a simple solution to it, but I can't get anybody to do it, and
that's to blow up the bridge at Cartagena Plaza, and then you wouldn't have a
problem with people going to South Dade for, you know, back and forth there,
and Victor...
Mayor Suarez: You mean blow it up, like in a picture, like that? Is that
what you mean?
Mr. King: No, no, no. Boom! And then Victor and I could ride our bikes and
jog without having to dodge cars all the time. But the same cars that are
causing problems in their neighborhood are causing problems in the Center
Grove, are causing problems in the South Grove. You just turn it around. And
until you get to a point where you come up with a solution for the entire
problem, these Band Aids are not going to work. And I, you know, there is a
little later on the agenda, there is a, you know, the Coconut Grove Master
Plan - which this is part of - come up with a real solution for this. I mean,
this is - you know, I want these kids to be safe, too. I want my daughter to
be safe, but these little Band Aids are not doing the job.
Mayor Suarez: All right.
Commissioner Plummer: Yeah. Jack, that's not the problem. This Commission,
In its wisdom, told these people to go let representatives make your
decisions, and come back and we would implement whatever the majority wanted.
Let's remember, Morningslde has their plan. Upper Eastside, as it's commonly
referred to today, have their plan. Aviation Avenue down here, they have
their plan. All right? Coral Gate, which I'm going to vote for, because the
people of Coral Gate want it. All right? I'm going to vote for it. And
they're entitled to it. Now, the point...
(AUDIENCE SHOUTING)
Commissioner Plummer: Well, excuse me. The majority of the people want it,
but how do you tell...
Mayor Suarez: Oh, let's not get into that. We have that item coming up.
Commissioner Alonso: Please, let's wait. Let's finish with one first, and
then the other.
212 July 22, 1993
MiL
Commissioner Plummer: How do you tell the people to go do something, and when
you come back, we will abide by what the majority wants to do, and when they
come back and they tell you what the majority is, you don't want to do it? I
mean, that's like...
Mr. King: I fully agree with that, Commissioner.
Commissioner Plummer: That's tantamount to saying to the people, "I'm sorry,
we wasted your time."
Mr. King: I fully agree with that, Commissioner, but also understand that if
you do something that's pro one neighborhood and it adversely impacts another
neighborhood, that's not particularly fair for the other neighborhood. And
that's why I'm saying to you, let's find a solution for this entire area. I
don't know what the answer is. I mean, but somewhere along the line, we're
going to have to stop using Coconut Grove as a high speed thoroughfare to get
from somewhere to somewhere else.
Commissioner Plummer: Excuse me. Like I told you before, I'll tell you
again, we're not addressing the main problem. The main problem is the
inadequacy of U.S. i and Bayshore Drive. That's the main problem. I think
U.S. 1 is carrying 280 or something capacity and South Bayshore drive is
carrying 220 percent of capacity. That's your problem.
Mr. King: I agree.
Commissioner Plummer: OK? When you go from Tigertail and Halisee at 3,000
cars a day, and you go to 18th Avenue, you jump to 8,000 cars a day. So the
real answer is that the main arterials, which is what they're designed for.
Mr. King: Listen, Douglas Road is carrying almost 2,000,000 cars a year, I
mean, 1n a residential area.
Mayor Suarez: OK. Jack, thank you for your testimony. Quickly, let's wrap
up and make some decisions.
Dr. Samir Mehja: Thank you, Mr. Mayor. I'll be very brief. My name is Samir
Mehja. I'm a cardiologist. I live in Bay Heights. We've been going over
Natoma Manor and Bay Heights, we've been doing this for about six months,
working extremely hard, having a lot of meetings together. Three weeks ago,
we met here and, you know, everything was thrown away. Suddenly, Mercy
Hospital came, and we were told that that was such a major player. Why are we
not listening to Mercy Hospital today? They have a plan.
Mayor Suarez: What was that question again?
Dr. Mehja: Why are we not listening to Mercy Hospital today? They came out
with a plan, and Bay Heights Association, which we represent, we say, "OK,
fine, we go with that plan." That's my first point. My second point is, I
agreed with, most of all, the psychiatrist from Natoma Manors, except that the
major difference that the problem of Bay Heights is a little different.
Mayor Suarez: Never agree with everything a psychiatrist says.
213 July 22, 1993
Dr. Mehja: You're right. Neither a cardiologist.
Mayor Suarez: Most of it...
Dr. Mehja: The problem at Bay Heights is a little different. We are not
necessarily faced only with traffic coming from Mercy Hospital. Our traffic,
which is coming into Natoma, into Samana Drive, is coming from downtown.
These are the people coming through Samana, and then exiting out. That's the
reason we want the barricade at Samana. Mercy is a part of the problem. It's
not the complete problem. The third point I have here is, Mr. Vice Mayor,
he's not here -it's a nice time to go also - is that we cannot - the option of
status quo cannot be taken as an Issue D. We've had status quo for all these
years. We know exactly what status quo means. I think you have to act on
either "A," "B," or "C." The final point...
Mayor Suarez: What you're saying, if I can understand it - maybe, Jim, you
can help me - the plan proposed by Mercy Hospital - I think that was the one
that was just handed to me here - consists of making a one-way out of Halisee
going into Bayshore Drive. Is that one way all the way up from the top?
Commissioner Plummer: Excuse me, Mr. Mayor.
Mr. Kay: No. It's the first block.
Mayor Suarez: Just that one block?
Commissioner Plummer: This is Mercy's plan, but this was not in Mercy's plan,
this here. That was my idea, and somebody has plotted that in, so I don't
want you to be confused.
Mayor Suarez: And then Mercy proposes a barricade going into or out of, I
guess, Hallsee, into U.S. 1.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Right now, you're allowed to go in from U.S. 1 into Hallsee.
Commissioner Plummer: In or out.
Mr. Kay: Right. Yes. They're talking about a closure of Hallsee, and
then...
Mayor Suarez: And can you go out, also, right now?
Commissioner Plummer: Yes, sir. You could go out, but you can only go north.
Mr. Bailey: Excuse me, Mr. Mayor. Mercy's plan is Plan A, minus the
barricade of Alatka. There's no difference.
Mayor Suarez: OK, but those - some of us maybe need to focus on the
components of it. And then I see a barricade coming out of Samana Drive, in
either direction. I guess there's no way in or out at that point. Now, are
you saying that at least one of the associations supports this, and if so,
which one?
214 July 22, 1993
Dr. Mehja: Bay Heights Association supports the Mercy plan.
Mayor Suarez: Bay Heights Association. So if you wanted to go to Bay
Heights, and you were on south - what we propose for the children, and I don't
want to take away the parents' time, opportunity to shine before their kids,
as I was told now, because I propose that they go upstairs. They can have the
run of the office, and they can have the TV and everything else. What item
are their parents here on?
Commissioner Plummer: This one. Hal
Commissioner Alonso: This one.
Mayor Suarez: They can watch all of this from upstairs, and have a good time
in my conference room. I wish the parents would let them do that. Wouldn't
you guys...
Commissioner Alonso: With all due respect, I don't think they really care
about the item.
Mayor Suarez: I'm sorry?
(INAUDIBLE COMMENT)
Mayor Suarez: Oh, you're going to speak? I don't think they want to speak.
They have plenty of space to run around upstairs, all kinds of things. You
might be able to steal some things from my office and, you know, maybe we can
come up with some pens or some things. I mean, folks...
Dr. Mehja: Mr. Mayor, I have one final point, if I may kindly add. You know,
I felt very impressive to see a lot of people phoning today, a tot of people
coming here. Yet, you know, we've gotten proof to show you we have the
majority. We've been going around town for months getting that.
Mayor Suarez: All right. Well, are you finished your presentation? Because
I want to speak at some point, and I want to give you my views, and I wanted
to ask something about the plan that you told me you supported. I don't want
to get into an argument with you. You said you supported this plan. I was
trying to make sure I understood it, and clarified that at least one
association, Bay Heights, supports 1t. OK. What about for Alatka? What does
it propose? Commissioner Plummer...
Commissioner Alonso: Wait a second. Bay Heights supports "A," "B," and "C,"
all three.
Mr. Bailey: As a trial.
Commissioner Alonso: Either plan...
Mr. Bailey: As a trial.
Commissioner Alonso: ... you are in agreement.
215 July 22, 1993
i
Mr. Bailey: Well, that's not - that's not entirely...
Commissioner Alonso: Not all of Bay Heights. I was afraid of that.
(AUDIENCE SHOUTING)
Unidentified Speaker: Not all of Bay Heights, that's correct, but the
majority...
Mr. Bailey: Let - can I...
Mayor Suarez: Of course not. Not all of everybody support anything, not
right now.
Commissioner Alonso: But it's very close, the...
Mayor Suarez: On Alatka, what is being proposed by Plan C, Jim? Do you
understand? Because some other scribbling was done here.
Mr. Kay: Yes, I understand Plan C. It's...
Mayor Suarez: There's an existing closure, and that's it..
Mr. Kay: No. Plan C is the plan presented by Mercy Hospital. That is
basically the plan presented by the Bay Heights Association, which is the
closure of Samana at South Bayshore or Miami Avenue - excuse me. It leaves
Alatka open. Halisee becomes one way for the first block north of South
Bayshore Drive, and Halisee is closed at U.S. 1. That's basically the...
Mayor Suarez: All right. So I was just getting ready to say that. I don't
know why I can't get a simple answer. There's an existing closure on Alatka
at U.S. 1.
Mr. Kay: That's existing, yes.
Mayor Suarez: That is maintained. That's in print here. A new barricade on
Halisee, et cetera. All right. Anything further?
Mr. Bailey: Well, I just wanted to say something from Natoma Manors...
Mayor Suarez: No, no, no, sir.
Mr. Bailey: OK.
Mayor Suarez: Mr. Bailey, with all due respect, we've got some other people.
I happen to agree with your viewpoint, but I think we've got some other people
here.
Mr. Murray Marcus: My name 1s Murray Marcus. I live at 59 Shore Drive West.
I've been a resident for about 35 years. We talk about status quo. The
reason that I'm for status quo is I don't see any of these plans working. The
problem is that Bay Heights talks about a majority. They sent out - they
didn't even send them out - they put them in your mailbox. There are 185
homeowners. They have 54 for it and 40 against it. For people that - some
people didn't even have the opportunity to vote on this straw vote.
216 July 22, 1993
Mayor Suarez: Right. And if they did, sometimes they don't exert it just
like the municipal elections.
(INAUDIBLE COMMENTS)
Mr. Marcus: That's 94 and 80 - 185.
Mayor Suarez: Please, we can calculate. Ninety out of 180 is about 50
percent. We can do that.
Mr. Marcus: Yeah. That's 29 percent for it, Mr. Mayor.
Mayor Suarez: Right. Just like at elections for Commissioners. That's about
the way it works out.
Mr. Marcus: The problem is that the closing of Samana brings a lot of
hardship for people who are living on Shore Drive South, Shore Drive West.
The people that are proposing this have been proposing this for a long, long
time. Now, Alatka...
Mayor Suarez: If you lived on Shore Drive South, couldn't you just go a block
over to Alatka and come out that way?
Mr. Marcus: Yes. Alatka - then Alatka becomes a zoo. You got one way to
come in...
Mayor Suarez: It's not too good for the people of Alatka.
Mr. Marcus: You have one way to come in and out of Bay Heights at that
particular time. They closed off the entrance to U.S. 1 down the street where
Plummer lives, the street before it.
Commissioner Plummer: Alatka.
Mr. Marcus: Alatka.
Commissioner Plummer: Sir, that's been...
Mr. Marcus: They closed that entrance off. So you have one entrance.
Commissioner Plummer: That's been closed a long time.
Mr. Marcus: So you have one entrance. We are now in a ghetto. We have one
entrance to come in and come out, and for somebody who is paying the type of
taxes that we pay in there, I think one entrance is very, very unsatisfactory.
Mayor Suarez: All right. Thank you for your views.
Commissioner Plummer: Mr. Mayor, let me clear the record.
(APPLAUSE AND BOOING)
217 July 22, 1993
Mayor Suarez: Please, please.
Commissioner Plummer: Mr. Mayor, I do not live on Alatka. It's not by
Plummer's house. It has been closed for at least two or three years, and the
only thing they're doing now is building a wall there. Just for the record.
Mayor Suarez: OK. Last testimony, please, and then let's grapple with this.
Ms. Nancy Benovaich: OK. My name is Nancy Benovaich. I live at 243 Shore
Drive East, Bay Heights. I, too, was on the committee to meet all these
different times that we have, and we've met quite often. Again, I'd just like
to reiterate very quickly that Bay Heights did go ahead and vote with a
majority, 54 to 40, to go and try Plan A and B. Now, it was not until about
two days ago that we saw Plan C. We met yesterday and said, "Well, that's
just about the plan that we had given, except for the opening of Alatka at
Bayshore. Well, we'll go with that." Now, we've heard a lot of different
views here. I think 1n - just to summarize, if I can be so bold, that I think
what we should do is what Commissioner De Yurre had suggested, and that is two
months trial with "A," two months with "B," and two months with "C." And at
the end of that period, a ballot will be mailed out to all the residents, and
I think that at that time, the ballot would be sent back to City Hall, it
would be counted, totally by an objective party, and that at that time, we
will have the option of voting "A," 118," "C," or "D." no change. Thank you.
Mayor Suarez: OK. Anything further that hasn't been stated by someone that
hasn't stated it, please?
Mr. Jeff Davis: I'm probably going to restate the same. My name is Jeff
Davis...
Mayor Suarez: Why are you going to do that? That's just - OK. That's just
going to exasperate us but...
Mr. Davis: I just briefly want to suggest that we've come before this
Commission as a forum for change. We want to try something. We're not asking
the Commission to make a decision that's going to be forever. We're asking
Just for a trial basis. You've given us the mechanics to work out. We've
gone back to our people, we've taken votes, and we've got a consensus. We
don't have a majority, but you don't need - I'm sorry, we have a majority. We
don't need a hundred percent of the people. You're never going to get them
here. We've got a majority to try a trial period of two or three months each,
whatever the actual procedure would be. Give us that chance to try it.
That's all we're asking you, and that's why we came here today.
Mayor Suarez: All righty.
Vice Mayor De Yurre: Mr. Mayor...
(APPLAUSE)
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: I'm ready to make a motion, which is basically what was
just stated a moment ago. Let's give everybody a shot, let's see what it's
like, and then we can make an intelligent decision.
218 July 22, 1993
(APPLAUSE)
Mayor Suarez: Please, please.
Vice Mayor De Yurre: All right? I move that we take a six-month period
wherein we're going to try Plan A first for two months, Plan B for the
following two months, and Plan C for the third two -month period, and then
we're - no - we evaluate at that point in time where we're at, and we'll put
it to a vote, and let the community decide what they want.
Mayor Suarez: All right.
Vice Mayor De Yurre: Let that be my motion.
Mayor Suarez: So moved. Is that proposal or is that motion seconded?
Commissioner Plummer: For purposes of discussion, I'll second the motion.
Mayor Suarez: Purposes of discussion. Commissioner Plummer.
Commissioner Plummer: Well, I see a couple of them up there jumping around,
and I want to know why.
Commissioner Alonso: Yes. Yes, me too.
Mr. Charles Treister: My name is Charles Treister. I live at 1624 Micanopy.
We, as a neighborhood, and I think Bay Heights, as a neighborhood, obviously
want change. It's an untenable situation with the cars driving through. A
couple of those kids sitting there were my kids, and they can't play out in
the streets in the afternoon, which all of us did when we were growing up in
this town. I grew up in Miami, and I did that, and it's a crime that our kids
can't walk out on the street. The problem I have - and I think a lot of the
people in Natoma Manors have - with Plan C is, we've never seen it. It
appeared a day or two ago. I've never still seen a picture of the plan. I
can appreciate that Mercy Hospital has some problems with Plan A and B. I'm
not sure that it outweighs the safety of our children. On the surface of it,
without knowing the details, Plan C is terrible for my street. It's going to
bring more traffic down my street.
(APPLAUSE)
Mr. Treister: And it's going to make it more dangerous, and so I can't see
how that makes sense.
Commissioner Alonso: Which plan?
Mr. Treister: Plan C.
Commissioner Plummer: Plan which?
Commissioner Alonso: "C," "C."
Mayor Suarez: Which is your street, Charles?
219 July 22, 1993
i
Commissioner Alonso: You said "C"?
Mr. Treister: "C."
Commissioner Plummer: Oh, yeah.
Mr. Treister: And I think most of the people in Natoma Manors would
probably - if you asked them to raise their hands - the reason they're against
"C" is for that very reason. It obviously doesn't affect Bay Heights one way
or the other, and that's why I think they would say "A," "B," or "C" is fine.
We went through a process of six months. We've had a lot of meetings. We've
agreed to try "A" and "B." I think that's what we should do. I think that
was Commissioner Plummer's first statement, and that's what I think we ought
to do. Thank you.
(APPLAUSE)
Mayor Suarez: OK. We've heard...
Unidentified Speaker: May I speak again?
Mayor Suarez: Sir, we've heard. Sir, we've heard from - ma'am, did you want
to add something, since you haven't been heard from?
Ms. Cheryl Gould -Bailey: Yes, hi. My name is Cheryl Gould -Bailey, and I live
at 1651 Micanopy Avenue. I have one question. If you are seriously
considering using Plan C as a testing ground, when the end results are
completed, will Mercy Hospital have an equal vote in our neighborhood, say, as
Natoma Manors and Bay Heights?
Mayor Suarez: Well, the way it's always worked here is only if you're a
resident. So...
Ms. Gould -Bailey: So Plan C is being submitted by nonresidents to affect the
residential area.
Commissioner Alonso: No, the residents will vote.
Mayor Suarez: Oh, but everybody has a voice. I mean, everybody has a right,
particularly a major presence of, you know, an entity like Mercy, obviously
has a lot of weight in our consideration. But, I mean, as far as voting.
Ms. Gould -Bailey: OK. But as the gentleman just explained, we have not had a
chance to even discuss Plan C. That was just...
Mayor Suarez: OK, but that's something that's cured with time. I mean,
that's something that you can do over time, obviously.
Ms. Gould -Bailey: And the residents will be the only voters on whatever
happens?
Mayor Suarez: As far as the kinds of soundings that we do, but we also take
into account a major corporate resident, in this case, with a nonprofit
character, and obviously, a health care component.
220 July 22, 1993
Ms. Gould -Bailey: So the answer is yes?
Mayor Suarez: Yeah.
Commissioner Alonso: Maybe we should ask for a count of hands, people who are
willing to try "A," "B," and "C." If they show...
Ms. Gould -Bailey: I have a slight problem with that, because people have
already left. People have been here...
Commissioner Alonso: Wait, never mind. It gives us an indication of what we
have here. How many people are willing to try "A," "B"...
Ms. Gould -Bailey: But that is not fair. That is not fair.
Mayor Suarez: The Commissioner wants a show of hands. Let her, please.
Commissioner Alonso: Well, I have a right to ask the questions that I want.
You had an opportunity to speak, and we are going to make the decisions. So
you better give us an opportunity to have a fair opportunity to see where you
stand. "A," "B," and "C." How many people are willing to try that? Now,
if...
Commissioner Plummer: Now, may I ask another question?
Commissioner Alonso: When I finish, Commissioner.
Commissioner Plummer: Sure.
Commissioner Alonso: Then people who would like to try only "A" and "B"?
Commissioner Plummer: OK, that's the difference. Your wife will get you.
Commissioner Alonso: OK. And now the people that would like that we stay in
what we have, the status quo, in order to study and perhaps in a month or two,
come back with a final plan.
Commissioner Plummer: One, two, three, four, five, six, seven.
Commissioner Alonso: OK. Thank you. One other issue, Mr. Mayor, that I
think we should discuss is - and for this, we will need the experts in the
City of Miami - is their advice that this Commission goes into a trial period,
being "A," "B," and "C," or "A" and "B," or the option of just studying it,
should it be one month, or two months, or it is fair to say that we need a
minimum of two months in order to make a decision, or perhaps one month would
be sufficient to make the decision, and then it will give an opportunity
faster to make the decision and say, "This is best for the community as a
whole."
Mayor Suarez: In the past, we have almost always tried them for at least
three months, so if we're going to go to a shorter period because we've got so
many different options, assuming that passes, and that happens not to be my
particular preference, then I think we should keep it at two months each. I
think that's sensible.
221 July 22, 1993
Commissioner Alonso: Yeah, but two months...
Mr. Kay: Two months.
Commissioner Alonso: You don't think that one month is enough time as to make
a decision?
Mr. Kay: I think two months would be a good minimum, if you want...
Commissioner Alonso: Two months is reasonable. Two months minimum.
Commissioner Plummer: It's normally been 90 days.
Commissioner Alonso: Yeah, but it has been more a consensus.
Mr. Kay: Right. Are we talking about three plans or the two plans?
Mayor Suarez: She's talking about either the three plans, or two out of the
three.
Commissioner Alonso: Yeah, because remember, we are talking about two months
each. It means six months before you have what you want. So it's an extended
period of time.
Mayor Suarez: Let me suggest something, if I may, folks. Youth assert - are
you going to speak, ma'am?
Commissioner Dawkins: No, I want to hear the kids.
Commissioner Alonso: Now they got my vote.
Ms. Kate Klpnis: Hi. My name is Kate Kipnis. I live on 1600 - I live on the
corner of 1600 Tigertail Avenue, on Noc-A-Tee, and I always see cars not
stopping at the stop signs, and the children in the blocks, they ride their
bicycles around to get to the other children's houses, and the cars, like,
they never stop for the children that are crossing the street, and I think
something should be done about this.
(APPLAUSE)
Commissioner Plummer: And she lives on the worst corner.
Ms. Laila Jones: Hello. My name is Laila Jones. I live at 1624 Tigertail
Avenue. Whenever I go out and play, I always have to wait for the cars to go
by, because they're going very fast, and I always have to try to get to my
friends' house on my bikes, and I can't get over for a long time.
Mayor Suarez: OK, thank you.
Ms. Emily Treister: Hello. My name is Emily Treister. I live on 1624
Micanopy Avenue, and I've lived in my neighborhood my whole life, and I've
never been able to go over to anybody else's house without busy cars going
down the streets, and I think that we should put up the barricades, because
222 July 22, 1993
i)
it's important for the kids to be able to not be in danger, and be able to
just cross the street without any trouble.
Mayor Suarez: Thank you.
Mr. David Jones: Hello. My name is David Jones, and I live at 1624 Tigertail
Avenue, and I just want to say that when people pass by the Grove at 50 miles
an hour and when they stop at the stop sign, they go in the middle of the
street, so it doesn't do any good. So that's why we should put up the
barricades.
Commissioner Dawkins: Al right. The three of you, did you guys have a
conference to tell me whether we want "A," "B," or "C"?
Ms. Treister: No.
Commissioner Dawkins: NO? OK, then. Thank you.
Mayor Suarez: OK. We have a motion. It's not been seconded yet.
Commissioner Dawkins: Second.
Mayor Suarez: Never seems to end here.
Commissioner Alonso: Would you restate...
Mayor Suarez: You haven't spoken yet?
Unidentified Speaker: No.
Commissioner Alonso: Would you ...
Mayor Suarez: OK, OK, folks. Wait a minute. Please, don't - if it's
seconded, great.
Commissioner Plummer: Mr. Mayor, could I - at the sake of getting burnt in
oil by my neighbors, the one thing I...
Commissioner Dawkins: I will buy the oil.
Commissioner Plummer: And the Mayor will provide the match. The only thing
that I have a problem with - and I'm going to vote for the majority, like I
said I would - but I would like consideration, rather than the barricades to
making it one-way streets, and I say that simply because of the emergency
vehicles. That bothers me. An emergency vehicle on a one-way street doesn't
mean a damn thing if they're on an emergency. They can go either way. But if
you got a barricade there, they can't. Now, that bothers me more so for Bay
Heights than it does for Natoma, because Bay Heights, you've only got one in
and out on this plan, and that's on Alatka, and you're going to have to go, by
this route here, you're going to have to go all the way over to Halisee to get
out, to go to Mercy Hospital if you're sick. Now, I'm just asking whether or
not consideration can be given for that. It does the same thing. I know,
yes, people might violate it, but if they violate a one-way street, then they
can be written a ticket. But barricades are pretty absolute, and I'm just -
223 July 22, 1993
I'm very concerned about that, and to ask the people 1n Natoma who I've got to
live with, would you consider a one-way street, rather than a barricade?
Would you consider that?
Mr. Kay: Commissioner, that certainly is the prerogative of this Commission
here to go ahead and try that.
Commissioner Plummer: No, no, no. Come on. Prerogative of the Commission -
I promised to do what my people wanted by a majority vote.
Mr. Kay: As a fourth plan, or to try for two months on a trial basis.
Commissioner Plummer: All right. Let me tell you what I would like. Let's
try to see if we can't get the best of both worlds.
Dr. Mehja: We voted for three plans.
Commissioner Plummer: On Plan A, OK, the first 30 days, put as a one-way
street. The second 30 days of Plan A, put a barricade. OK? Plan B...
Commissioner Dawkins: I hope J.L. Plummer is not doing commercials for his
business.
Commissioner Plummer: In the morning? Oh, I see what you mean. All right.
Vice Mayor De Yurre: J.L., make 1t on even days one-way, on odd days, make it
this or that.
Commissioner Plummer: All right, excuse me. I'm sorry. I tried. I go with
"A," "B," and "C," vegetable soup.
Mayor Suarez: All right.
The Audience: "A" and "B." "A" and "B."
Commissioner Plummer: "A" and "B."
Mayor Suarez: We have a motion before us which can be modified, and we're
going to get into that, as soon as we finish the public hearing. The
Commission has to grapple with this one way or the other. Ma'am, you want to
add - I can't imagine anything that hasn't been said yet, but...
Ms. Cathy Ellis: I'm Cathy Ellis, and I live at 30 Samana Drive, and I just
wanted to set the record straight first. It was my mom who passed that around
today. She is the one that's been on the phone to Tallahassee. The thing is
that what she is going after is really the answer of widening Bayshore Drive,
not just to 17th Avenue, but all the way up to Monty's, where it joins in with
the other four -lane highway. This is the answer.
Commissioner Plummer: Excuse me. It's not - as I told your mother, it's not
the answer. It would help a tremendous amount.
Ms. Ellis: Right, right.
224 July 22, 1993
ww� �Sj.�tirku�y
Commissioner Plummer: But it's not the answer.
Ms. Ellis: Well, but the thing is that we are concerned about closing Samana.
Down at our end of the neck of the woods down there, there are a lot of older
people that do need to get to the hospital on an emergency basis, and to have
to go that whole distance and out to Mercy may mean life or death for these
people. I don't think It's real fair for this to have to be.
Commissioner Plummer: It's going to reduce crime by 90 percent. Hey, if they
can't get a way out, the bad guys ain't going in.
Ms. Ellis: I would like to see, if they have to do something, to have an
officer at Samana, but not to barricade it so that we can't get out of there,
especially on an emergency basis. During the hurricane, we were so locked in
there that, thank God, that was open, because otherwise, we wouldn't have gone
anywhere. That Samana Drive was a God send for us. The third...
Mayor Suarez: That was an exceptional condition that we hope, you know, we
won't have to be dealing with too much, but...
Ms. Ellis: Well, and the third thing 1s, as a schoolteacher, I would like to
say to the parents, keep your kids off the streets and take them to the parks.
Listen, we grew up down here. It may not be a popular thing, but you should
not let your children out 1n the street unwatched. They need to be watched,
they need to be looked after. It still is a City street, OK?
Commissioner Plummer: Victor Griley is always out playing in the street.
Ms. Ellis: We... listen. Having grown up with one of the members of the Dade
County Safety Council, I lived on a street years ago that was busier than any
that you're talking about now, and we were watched, we had to come in the
house, we were - if we wanted to play, we went to a City park, which happened
to be Morningside at that time. So, I mean, I would say to the parents, you
can't just let your kids out there, anyway.
Mayor Suarez: We're not going to get into parental advice here, please.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Anything new? Otherwise, we'll close the public hearing.
Commissioners, we've got to act on this, one way or the other.
Commissioner Dawkins: OK, good.
Commissioner Plummer: What is the motion on the floor?
Mayor Suarez: The motion, I believe, unless the Commissioner wants to restate
it - the Vice Mayor - was to try Plan A for two months, Plan B for two months
after that, and Plan C for two months after that.
The Audience: No, no, no.
Mayor Suarez: I'm just restating the motion. I'm not saying I'm in agreement
with it, so why are you, you know, booing or reacting? That was the motion, I
think. Wasn't it, Mr. Vice Mayor? All right.
225 July 22, 1993
Commissioner Plummer: Mr. Mayor, I'll withdraw my second of that. I think I
have to stay committed to I committed to, and that was that I would vote
for what the majority of the two neighborhoods wanted. What I would be in
favor is, after trying "A" and "B," if the consensus was that that didn't
work, neither plan worked, then I would be in favor of trying "C." OK?
(APPLAUSE)
Mayor Suarez: All right. We don't have a second then on the motion, and
you're kind of suggesting a substitution motion. If one is not made, then
we'll have to contemplate something else. Let me say something very briefly.
Did you want to say something?
Mr. Anthony Asbary: Yes, I would.
Mayor Suarez: Quickly, please.
Mr. Asbary: I'm Tony Asbary, from 2645 Halisee. I have records here of the
past Commission meetings, and it seems that Mercy Hospital never made any
recommendations or any objections, way back from 1974 all the way up to this
point. Now, I can't understand why they came right in at the last minute and
put a plan that would impact Natoma Manors in such a huge manner. We're not
only going to get Mercy Hospital's traffic, we're going to get all of Bay
Heights' traffic. And they, according to the studies, there's ten - I think
ten trips per household. That averages about 2,000 more cars in our
neighborhood. I'd just like to say...
Mayor Suarez: Is that ten trips per household per day? Is that a...
Mr. Kay: Yes, that's a standard that is - that was established by the
transportation engineers, yeah.
Commissioner Plummer: So if they have 185 houses, you're talking 1800 car
trips a day?
Mr. Kay: Yes, sir.
Commissioner Plummer: Whew!
Mr. Kay: That's car trips, that's household, that's mail service, that's your
lawn service, your pool service.
Mayor Suarez: Any services that you generate by having the number of citizens
In that...
Mr. Kay: Right.
Commissioner Plummer: That's the vehicles over the streets.
Mayor Suarez: Wow.
Commissioner Dawkins: What has to be done...
226 July 22, 1993
Mr. Asbary: This...
Commissioner Dawkins: I'm sorry, I thought you were finished. Go ahead. I'm
sorry.
Mr. Asbary: I would gust like to reiterate that all this traffic coming
through our neighborhood, that's why I would like, you all to vote for "A" or
oB,n
Mayor Suarez: All right.
Mr. Asbary: "C" is definitely an option that would really impact on our
neighborhood negatively.
Mayor Suarez: Thank you. OK. Well, I think we've heard just about every
viewpoint. Commissioners, the public hearing is about to be closed after this
gentleman says something real quick, and Ed.
Mr. Tony Pippo: Tony Pippo, 1639 Micanopy Avenue. I'm a member of the Natoma
Manors Association. We were given probably about eight plans that have been
through the City Commission in the last 15 years. We studied them very, very
carefully. We came up with Plan A or B, as the Commission asked us to do.
Less than 24 hours ago, I went to a meeting where Mercy Hospital appeared, and
all of a sudden, I saw Plan C, after working one year on Plan A and B. I
cannot actually see how Plan C can be instituted as into a motion, when it was
never - even into a resolution. But I listened to Mercy Hospital last night.
They're part of the problem, and they are aware of the problem. I don't mind
their employees coming through our neighborhood, because they all can't get
down Micanopy - 17th Avenue. He explained why he has to come through our
neighborhood to take the patients home at night. It's a global, large, and
complex traffic problem. It's not going to be resolved by the Plan A or B or
C. Now, Plan C has closing of Samana. Does everybody understand what happens
at Samana? All the traffic coming from downtown, half of it goes through Bay
Heights. By the closing of Samana, which is Plan C, has nothing to do with
the traffic problem in Natoma Manors. We will accept all those cars that turn
at Samana, they will now turn at Alatka. So it doesn't - to me, it doesn't
seem like any of the plans are going to work, but we have to have change
somewhere along the way, because it's a global problem, but I go to the
children and say, "What's the problem?" I don't believe it's the traffic
problem. It's a traffic problem all over Miami. You're not going to get rid
of the cars coming through Coconut Grove in the residential areas. What we
have to do is enforce the speed - the stops signs and speed laws. I have cars
coming by my house. It's a 15-mile-an-hour zone. I have visually clocked
them at 50 miles an hour. That's unsafe. Mercy Hospital employees can come
through. The patients, they can drive their patients home as long as they
want, as long as they obey the speed laws and the traffic.
Mayor Suarez: All right.
Mr. Pippo: That's the only thing - the barriers - I can't say this
individually - but the barriers won't work. Plan A - Plan C shouldn't even be
considered at this meeting. If you're going to accept Plan A or B at this
meeting, fine. Don't institute Plan C. Nobody even knows what it is. I've
been working on the traffic problem for one year. I have a whole portfolio of
227 July 22, 1993
what's been going on for 15 years. But be careful of Samana, the closing of
Samana.
Mayor Suarez: All right. Samana. Mr. Rosasco, and then that's it, folks.
Mr. Pippo: But I also feel Mercy has helped us quite a bit by explaining the
problem.
Mayor Suarez: All right.
Mr. Rosasco: Let me say, hopefully, in closing, that we don't wish to appear
to be coming in between our neighbors. OK? We proposed a plan that is
sensitive to our needs, and we accept that the vote of the residents will
determine whether Plan A, B, and possibly C prevail. But if we're not going
to be voters in that, we would at least implore the Commission - and I think
Commissioner Plummer gave us a compromise - if Plan A and Plan B are found not
to work, let us then try Plan C as an alternative.
Commissioner Plummer: I have no problem with that.
Mr. Rosasco: OK? And because we think that represents everybody's purpose,
but we didn't see any consensus here at all before we even put in Plan C. So
if it is an alternative, and you find that Plan A and B don't work, if we
could have an opportunity to try "C," we would appreciate that.
Mayor Suarez: All right. The Vice Mayor amends his motion to state precisely
as suggested, and you've spoken before, haven't you?
Unidentified Speaker: May I make a last statement?
Mayor Suarez: It's just that this never ends then. No, no, we've got to go.
Do we have a second on the amended motion, which is to try Plan A two months,
Plan B two months, and then if this Commission deems, after presumably a
hearing, that they don't - quote/unquote - work, then Plan C.
Commissioner Dawkins: I second the motion for discussion.
Mayor Suarez: Seconded by Commissioner Dawkins.
Commissioner Plummer: Mr. Mayor, if I may. Assuming that this is going to
pass, may I please beg of the Administration, especially for the morning
traffic, that it so be noted on Tigertail and 17th Avenue, and at Noc-A-Tee,
that there is no longer access to Dixie Highway. If not, you are going to
have a bottleneck in there that you are not going to be able to cope with. So
please, put - once you install that barricade at Dixie - that there is a
notice that, in fact, there is no outlet onto Dixie.
Mayor Suarez: The way I got into this was a few years ago, when we tried one
of the many, many plans that was referred to, I think, by Tony, a gentleman
that spoke before - I don't know whose idea it was - but I remember that I was
already in office and the idea was - the plan was, I think, to have just
simply signs that prohibited anyone that was not in that neighborhood from
using those neighborhood streets, and I remember that plan being put into
effect, and we tried to enforce it, and I remember the first person that
228 July 22, 1993
refused to do that, very close to my heart, because it was my wife, she said,
"Logically, this area is just unique 1n the City of Miami, folks." These
streets diverge - I'm talking about the two thoroughfares, South Bayshore and
U.S. 1 - at a very small angle. They both can be used to go from generally
the downtown area to generally South Dade, and they can be used in very
creative ways. The incredible thing Tony, the gentleman before, mentioned
that everyone that is coming down on South Bayshore uses Samana and uses Bay
Heights and Natoma to get where they're going. The incredible thing 1s that
they don't all do that, and that they don't flow like water, where the
pressure would dictate that half roughly go one way and half the other,
depending on the curvature, et cetera. A certain number of people do know how
to do that, and do that, and, of course, they're the ones that create more
traffic for the neighborhood than we would like to see, including, of course,
my wife, and myself, from time to time. That plan was held unconstitutional.
Some court said that you couldn't tell people, you know, "You can't drive
through this neighborhood because you don't live there." That just simply is
not found to be what the constitutional framers intended. Now we have - we
still have a unique situation. This is not the same as Coral Gate. Coral
Gate is a - sort of ensconced in an area. It's sort of self-contained, and I
think you could come up with all kinds of plans for Coral Gate to protect it.
This area is one that is - it's a very small angle. It comes out to about 25
degrees, at the most, I think, that those two streets make to one another.
You could really use them interchangeably.
Mr. Kay: Right, yeah.
Mayor Suarez: So, to me, the main thing, really, is to figure out a way to
have the flow on South Bayshore better. And if we had any scheme, such as the
one proposed by Ms. Ellis, if we could try that, if we could postpone all of
this until we could have better flow, I think even Mercy then would not be so
concerned about the impact of these other plans, because you would have free
flow on South Bayshore, which is where I come down - actually, with Mr.
Bailey - that I think all of this ought to be postponed until we try that and
we make the effort. By the way, last time it came before this Commission, I
think it was opposed by most of the neighborhood Associations, who wanted
South Bayshore to be kept historic, wanted a limited number of lanes, and
wanted - quote/unquote - "to maintain our village atmosphere," you know. We
just didn't want too much traffic. I, of all people, I suppose, I live right
on South Miami. I get the people not at 50 miles an hour, I get them at a
hundred. I have visually clocked people - to use your term - at a hundred
miles an hour, particularly motorcycles. It's just inconceivable, Mr.
Manager, once again, - this is probably the twentieth time that I call it to
your attention, to call to the police department's attention - that someone is
going to soon get killed on South Miami 1n a motorcycle. At night, they go
100, and 110, and 120 miles an hour. And all it takes is for one police
officer to go by there at 1:00 or 2:00 in the morning, and they will stop - 1t
seems like - half of the motorcycle population of Dade County. That seems to
be their preferred racetrack. So I come down on the side of being opposed to
trying the plans right now. It seems to me they create more problems than
they solve. But I also know how nice it is if you can close off your
neighborhood, you know, and you can throw a football across the street. I
don't understand the notion that you don't let the kids use the streets, madam
schoolteacher. But anyhow, that's the way I was raised, I guess. We used to
play great football in the street, but it was another neighborhood in
229 July 22, 1993
Washington, D.C. Anyhow, we have a motion, we have a second. Maybe it's not
the ideal situation.
Commissioner Plummer: Do I understand the motion, just for clarification...
Mayor Suarez: Try Plan A two months, try Plan B.
Commissioner Plummer: ... we try Plan A for two months, "B" for two months.
Mayor Suarez: Commission reconsiders.
Commissioner Plummer: If they don't pan out to be worthwhile, then we will
try Plan C for two months.
Mayor Suarez: Right.
Unidentified Speaker: After a public hearing.
Commissioner Dawkins: Again, I second it for discussion.
Commissioner Plummer: After a public hearing, of course.
Commissioner Alonso: Yes.
Commissioner Dawkins: OK. We're going to try Plan A for two months.
Commissioner Plummer: Right.
Commissioner Dawkins: We're going to try Plan B for two months.
Commissioner Plummer: Right.
Commissioner Dawkins: Now, are you going to try Plan C for two months?
Commissioner Plummer: No. Only if "A" and "B" do not pan out.
Commissioner Dawkins: All right. I'll rephrase it. You're going to try "A"
for two months, you're going to try "B" for two months. Now, if they come
in - the neighbors - and they're still in a state of indecisiveness, as they
are now, then you try "C"?
Commissioner Plummer: Yes.
Commissioner Alonso: Yes.
Commissioner Dawkins: Is that - I mean, I need to know what I'm voting on.
OK?
Commissioner Plummer: Yes.
Commissioner Alonso: Yes.
Commissioner Dawkins: Now, if you try "A" and "B," and the majority of the
neighbors vote on "A" or "B," then you don't try "C"?
230 July 22, 1993
The Audience: Yeah.
(APPLAUSE)
Commissioner Dawkins: OK. I need to know. I need to know, see. Is that
what we're voting?
Commissioner Alonso: That's the feeling that we got.
Commissioner Dawkins: That's the motion. Motion understood. No further
questions.
Mayor Suarez: All right. So moved and seconded. Any further discussion? If
not, please call the roll on the motion.
Commissioner Plummer: A question is being raised by the Law Department. How
would they vote after the test of "A" and "B"? Through City Hall, or through
their neighborhood organizations, as before?
Mr. Kay: No, it's through the City. City would take a vote.
Mayor Suarez: I think we better do it formally.
Commissioner Dawkins: Through City Hall.
Commissioner Plummer: OK. Well, that's what the Law Department is asking.
Commissioner Alonso: Formally, we have done it with sewer and other subjects.
Commissioner Dawkins: With voting machines.
Mayor Suarez: And the option will be given at that point to not try or not
continue any of the plans. I think that should be very clearly stated as an
option.
Commissioner Plummer: You mean after "C"?
Mayor Suarez: Yeah.
Commissioner Plummer: OK.
Miriam Maer (Assistant City Attorney):
well.
So we should advertise it for "C," as
Commissioner Dawkins: And it would be voted on at City Hall with voting
machines.
Mayor Suarez: Moved...
Commissioner Alonso: Yes.
Mr. Kay: Well, no. Normally, what we do is, we have a mail -out.
231 July 22, 1993
Commissioner Plummer: Mail -out.
Mr. Kay: With a postcard.
Commissioner Alonso: Yes, as we have done in other issues.
Mr. Kay: And we've been successful with that.
Commissioner Dawkins: See, I'm voting up here. I'm telling you how I'm going
to vote. OK? You can tell me what you're going to do all you want. OK? I'm
not going back through this gentleman coming up with a handful of papers
saying that he went through the neighborhood, this individual say, "I got this
and I went through the neighborhood." As they said, if you don't think enough
of this issue to come to City Hall and vote, then your vote shouldn't count.
Commissioner Alonso: Right, it does make sense.
Mayor Suarez: OK, good. All right. To be absolutely, totally sure that
everyone is consulted, although, you know, you are making people come all the
way to City Hall, as opposed to a mail -out that can be done by the City and
supervised - we know the people who live there, it's a very stable community.
Commissioner Dawkins: Well, after this vote, we'll ask the neighbors what
they want and abide by the rules.
Mayor Suarez: Yeah. Why don't you give us input on that in the next four
months, and we'll figure out how to do that. OK?
Commissioner Alonso: Yes.
Mayor Suarez: So the motion does not specify that, but it does specify that
it will be administered by the City. It won't be, you know, petitioned drives
where you walk around, get your own petitions, et cetera, your own vote. All
right.
Commissioner Plummer: Just so that the people don't get antsy, to the
Department, approximately how long do you feel it will take to implement Plan
A from day one?
Unidentified Speaker: We can't hear you.
Commissioner Plummer: How long will it take the Department to be prepared to
start Plan A, from the approval of tonight?
Mr. Odio: Monday morning.
Mr. Kay: Plan A - we could have the temporary barricades up, because there's
not many barricades. We have them on hand. We can put them up Monday, if
you'd like.
Mayor Suarez: Can you answer in chronological terms?
Commissioner Alonso: When?
232 July 22, 1993
Mr. Odio: We'll start on Monday.
Mayor Suarez: Thank you.
Mr. Kay: Yeah, I said Monday.
Commissioner Plummer: Monday is August...
Mayor Suarez: But you gave a very elaborate discussion. All right. So moved
and seconded. Any further discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-486
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING AND
PERMITTING THE RESTRICTION OF VEHICULAR ACCESS TO
CERTAIN STREETS IN THE BAY HEIGHS AND NATOMA MANOR
NEIGHBORHOODS IN THE CITY OF MIAMI, FLORIDA, IN
ACCORDANCE WITH PLAN "A" AND PLAN "B" AS ATTACHED
HERETO, FOR A TRIAL BASIS OF SIXTY (60) DAYS FOR EACH
PLAN, SUBJECT TO CITY COMMISSION REVIEW AND PROVISIONS
AS CONTAINED HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Hello? "Enano"?
Vice Mayor De Yurre: Yes, sir.
Commissioner Plummer: Are you voting yes or no?
Vice Mayor De Yurre: I'm voting yes.
Commissioner Plummer: He's voting yes. As to my commitment, I vote yes.
Commissioner Alonso: Well, my first choice was to take a little bit longer
and study the situation, and then come back and make more concrete
233 July 22, 1993
recommendations. As I see, it's an overwhelming majority that would like to
try these plans, and I'm giving a chance to that, and I'm going with the
motion. Yes, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: All right. We're on...
Commissioner Dawkins: Mr. Mayor, no, wait.
Mayor Suarez: Yes, Commissioner Dawkins. Thank you, everybody. We'll
hopefully be back on this item in four months.
Commissioner Dawkins: Mr. Manager, Mr. Manager, please have someone meet with
the individuals at Mercy Hospital, and come back in September, and tell us if
any special use permits or anything has to be given for us to make the
northern street at the end of the Mercy complex one way out.
Mr. Odio: Oh, OK.
Commissioner Dawkins: And another way, another street one way in, so that we
can give some relief to Mercy Hospital, while we, at the same time, address
the concerns of the neighborhood.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you.
Mayor Suarez: All right. Item 35 seems to be very similar. Look at
Doris.Commissioner Alonso: Not quite.
Mayor Suarez: All the people who have green ribbons or buttons are in favor
of something, right? In favor of besides pizza and beer.
Commissioner Dawkins: What is Bruno Carlesella doing here? Carlos, what is
Mr. Bruno Carlesella, what is Carlos... What are you doing here, man? You
live in the neighborhood? I didn't know. That's why the neighborhood went
down.
234 July 22, 1993
------------------------------------------------------------------------------
32. (Continued discussion) RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE --
APPROVE EXTENSION OF XGEN SOFTWARE / SUPPORT SERVICES FROM JACKSONVILLE
SOFTWARE -- FOR DEPARTMENT OF MANAGEMENT AND BUDGET, COMPUTER DIVISION.
(See label 30)
------------------------------------------------------------------------------
Mayor Suarez: Do any Commissioners have any problem with item 33, would you
like to move it. Apparently we didn't have sufficient, Commissioners, to
guarantee a fair consultation in case we need to get a four -fifths vote, which
we need.
Commissioner Alonso: Thirty-three? Thirty-three?
Commissioner Dawkins: Thirty-three.
Mayor Suarez: I think he said thirty-three, yeah, sole source. Apparently
that wasn't voted on, Ron?
Mr. Ron Williams (Assistant City Manager): It was not, Mr. Mayor.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, just for the record.
The resolution that you have on 33 makes reference to approving the
acquisition when it really should be you're approving the extension.
Mr. Williams: It's an extension of the maintenance of the software.
Mr. Jones: ...as opposed to the acquisition.
Mayor Suarez: Does any Commissioner have any problem with it? Without that
or with that or in either case? So, I know that we are going to hopefully
vote on the matter and pass it.
Commissioner Dawkins: Let's get out of here.
Commissioner Alonso: Yes, second. I move.
Commissioner Plummer: Was thirty-three?
Mayor Suarez: I'll entertain a motion on 33 with that addition.
Commissioner Alonso: The additional...
Commissioner Plummer: Oh, move it.
Commissioner Alonso: Thank you.
Mayor Suarez: Commissioner Plummer moves it.
with that? I entertain a second on it.
Commissioner Plummer: It's a four -fifths vote.
Does anybody have a problem
235 July 22, 1993
Commissioner Dawkins: Second.
Mayor Suarez: Do you need to put anything on the record then, Mr. City
Attorney?
Mr. Jones: No, it's just sufficient. What you are voting on, your package
again...
Mayor Suarez: All right.
Mr. Jones; ...had proving acquisition. And, it is actually, you are proving
an extension instead.
Mayor Suarez: Any further discussion on thirty-three? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-487
A RESOLUTION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING AN EXTENSION OF
THE XGEN SOFTWARE SUPPORT MAINTENANCE SERVICE, FROM
JACKSONVILLE SOFTWARE, THE SOLE SOURCE PROVIDER FOR
SAID SERVICE, AT A PROPOSED FIRST YEAR COST OF
$13,500.00 FOR THE DEPARTMENT OF MANAGEMENT AND
BUDGET, COMPUTER DIVISION; ALLOCATING FUNDS THEREFOR
FROM FY192-93 DEPARTMENT OF MANAGEMENT AND BUDGET,
COMPUTER DIVISION; ALLOCATING FUNDS AND BUDGET,
COMPUTER DIVISION BUDGET, ACCOUNT CODE NO. 460401-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
EXTENSION AND THEREAFTER TO EXTEND SAID SUPPORT
MAINTENANCE SERVICE ANNUALLY IN ACCORDANCE WITH THE
TERMS AND CONDITIONS AS SET FORTH IN THE ORIGINAL
AGREEMENT, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
236 July 22, 1993
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.
-------------------------------------------------------------------------------
33. AUTHORIZE RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS IN THE
CORAL GATE NEIGHBORHOOD FOR A PERIOD OF FOUR MONTHS ON A TRIAL BASIS.
Mayor Suarez: Yes, now. Item 35.
Mr. Kay: Thirty-five, yes.
Mayor Suarez: Can you give it just a, unless, everybody in the Commission
understands it, a brief explanation of what this entails. Then I'd like to
hear from the people who support it. Are those the ones, once again, with the
buttons and the ribbons? - The supporters...
Unidentified Speakers: Yes, yes.
Mayor Suarez: OK, all of you who support the plan and are wearing those, or
who are not wearing them if you do not like to wear them, would you please
raise your hand. Would you show your... Now, would you please put them down.
And, anyone who is against the plan, would you please raise your hand. OK, so
we've got kind of a concentration over here of people against and the rest of
the hall, people in favor.
Commissioner Plummer: Would somebody come to my neighborhood and teach them
how to vote.
Mayor Suarez: OK, Jim.
Mr. Kay: At the June 29th...
Mayor Suarez: I'm sorry, it really helps if the people on one side keep their
testimony to two or three people. It gets very repetitive after that and it
really, really wears out this Commission. And, we have a few planning and
zoning items to go through today.
Commissioner Dawkins: You know my campaign colors are green and white. You
are not trying to influence me, are you?
237 July 22, 1993
Unidentified Speaker: Yes, sir.
Mayor Suarez: Great idea, then. All right, Jim. Quickly, what is it about?
Mr. Kay: At the June 29th Commission meeting what you had was a personal
appearance by the Coral Gate Homeowners Association presenting a traffic plan
for their neighborhood, insisting essentially of barricades and also some
traffic diverters, sort of modified. And, the plan is shown behind me. This
was a personal appearance and not a public hearing. Today we have formalized
that. This is a properly advertised public hearing. The Public Works
Department has reviewed it. And, we have asked for comments from Police and
Fire. Those were your instructions. The Department is essentially in favor
of the plan. We do have one reservation about it. And, that regards the
closure's proposed barricades at Southwest Seventeen Street and southwest
Sixteenth Terrace. And, our concern is that you have an essentially an R-2
neighborhood west of those barricades and their only means of ingress and
egress from their street is Douglas Road at Thirty-seventh Avenue. And,
Douglas Road and Thirty-seventh Avenue, for those two streets is unsignalized.
And, getting out on to Douglas at those two points does present a problem.
And, I wanted you to be aware of that. And, the, as I said, the plan, we can
support the plan. But, we would like to have the option of modifying those
barricades should we have a safety or hazardous condition come up during this
temporary study.
Commissioner Plummer: What is this in the back here? St. Raymond Church
generalized traffic pattern before. And, then another one that's after. What
is that?
Mr. Kay: No, Commissioner, this is the first time I have seen it.
Unidentified Speaker: That is mine.
Commissioner Plummer: Oh, OK.
Mr. Kay: And, we did, we did, even though this was a public hearing, we did
mail letters to St. Raymond's Church as a courtesy, also to the Sears retail
store. We also mailed letters to Dade County Traffic and Transportation in
addition to Police and Fire and Solid Waste for their comments. But, this is
the first time I've seen this handout.
Commissioner Plummer: What was the vote of the Coral Gate people?
Mr. Kay: It was very much in favor of the plan. I have to...
Commissioner Plummer: But, it was an actual vote taken? Do we have... Do we
have a number?
Mr. Kay: Yes.
Commissioner Alonso: Oh, yes. Yes.
Commissioner Plummer: What was the number?
238 July 22, 1993
Cal Almaguer: Commissioner, we have... My name is Cal Almaguer, 1931 S.W.
32nd Place. I am on the Board of Directors of the Coral Gate Homeowners
Association. We overwhelmingly by eighty-nine percent of the Coral Gate
residents themselves voted overwhelmingly to approve the plan before you
today.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: All right, anything further, Jim?
Mr. Kay: We still need to... We still need to hear comments from Police and
Fire. This memorandum to you comes to you without their comments. And, we
were instructed to get those comments. I believe that they're ready today to
present those comments to you. They have made a study, presumably, regarding
response time.
Mayor Suarez: You say that they are ready or they aren't ready.
Mr. Kay: They are ready.
Mayor Suarez: Well, by all means have them put their remarks on the record.
Don't tell us, don't predict the future here. Let's do it.
Commissioner Alonso: On the previous item that we saw, did we hear from the
Police Department and Fire?
Mayor Suarez: I think we had. I think we had.
Commissioner Alonso: Well, maybe many years ago. I have no recollection of
that.
Mayor Suarez: Typically the Fire Department recommends against all of these.
Commissioner Alonso: Yeah, but, I was surprised that they did not do so in
the previous item.
Mr. Kay: Is that the case here, Chief?
Commissioner Plummer: Oh, no. I don't think there is a problem there as it
is here. The problem with the Fire Department, they come right straight down
Tigertail in all three of the plans. I think they can access either Natoma or
Bay Heights. But, no, you are right, they did not comment on the previous
plan.
Mayor Suarez: Chief.
Dennis R. Wheeler (Division Chief/Fire): All right, the plan that we have in
front of us, we are philosophically opposed to this plan.. Basically, because
our first response apparatus will be coming down and from the direction
towards Thirty-second Avenue and Sixteenth Street. Our response time will be
increased because we are going to have to go down Thirty-second Avenue to
Coral Way, to Coral Gate Drive. And, if we took a scenario where we come off
Coral Gate Drive and Coral Way to the furthest point at Sixteenth Street and
Thirty-second Avenue, our response time is going to increase almost three
239 July 22, 1993
minutes and thirty seconds. I know Mr. Plummer disagrees with the time that
is going to increase our response time. If we took the other route with
Sixteenth Street being blocked at Coral Gate Drive, if we went down Sixteenth
Street to Thirty-seventh Avenue in off Twentieth Street to the furtherest
point at Sixteenth Street and Thirty-second Avenue, our response time is going
to increase about three minutes. What we would propose would be to be open
Sixteenth Street at Coral Gate Drive. Or, open Sixteenth Street at Coral Gate
Drive and - is that Eighteenth Street? - Eighteenth Street on Thirty-second
Avenue. Or, - what street is that? - about Twentieth Street and Thirty-second
Avenue to give us access in there. But, at...
Commissioner Plummer: Did the Coral Gate people, are they aware? Did you
make this known to them previous to this meeting?
Unidentified Speaker: No. No.
Chief Wheeler: No, sir.
Commissioner Plummer: OK, the question is, now that you've heard, it's
immaterial to what I think. I don't live there. It's material, but it's more
material to you. After hearing what has been said, are you still of the same
thought or do you think more consideration. I mean it's, you know, hey, three
minutes can be the difference. So, all I am saying is I want everyone of you
to be able to say to me, "Hey, I heard what the man said and we don't think
any differently than we did before." Cause I think that's a very, very
important factor that has to be taken in consideration.
Mr. Almaguer: Commissioner, if I may. And, I will quote what the Commission
directed Public Works, Fire and Police at the last meeting under a public
appearance. And, that is quote, unquote: "Tell them how to do it. Do not
tell them they cannot do it."
Commissioner Alonso: That's right.
Mr. Almaguer: And, that 1s what Fire and Police is telling us here. Do not
do it. They are not coming to us and saying, those barricades have got to be
placed such as eight feet so that we can get a fire truck in through there or
an emergency vehicle through there. What they are telling is, "No, you can't
do it."
Commissioner Plummer: Sir, you are not listening, you are not listening to
me.
Mayor Suarez: He just wants to know if you've changed your mind. It's
typically the situations that they don't support this. OK.
Commissioner Plummer: All I am saying is that you all were not aware of these
comments prior to today.
Mr. Almaguer: That's correct, sir.
Commissioner Plummer: These comments to me are very important. After you've
heard these comments, I asked the question, are you still of the same belief
as before? Or, do you think it needs more consideration? That's all I said.
It's that simple.
240 July 22, 1993
Mayor Suarez: Lt. Longueira, anything? - please.
Lt. Joseph Longueira: Sir, our Department recommends against the closures,
any of them. Restricts our access, makes it difficult to get in there.
Officers are not going to get out of their way to get in there to patrol.
And, if they get a direct call, they are going to have to go all the way
around it to get in there.
Mayor Suarez: Isn't there an estimated, ever, of reduced crime from this kind
of situation that actually has the overall effect of not increasing your
response time because there is less calls.
Commissioner Plummer: You mean reducing crime?
Lt. Longueira: I know in some neighborhoods that have...
Commissioner Plummer: Yes or no?
Lt. Longueira: ...a real particular problem...
Mayor Suarez: Layout.
Lt. Longueira: ...like in the Northeast, they, I think they had some success
in the increase in crime, or reduce in crime. But, I think that has a lot...
Commissioner Plummer: Except at the barricades where they sneak in the
barricades and they run right back across. That's where the problem still
lies.
Lt. Longueira: Right. But, I think that has more to do because of their
proximity to a very high crime area...
Commissioner Plummer: An escape.
Lt. Longueira: ...right, next to it. I don't believe that is the case in
this neighborhood.
Commissioner Plummer: It is on Aviation.
Vice Mayor De Yurre: Mr. Mayor, if I may say something?
Mayor Suarez: Vice Mayor.
Vice Mayor De Yurre: You know when you make a comment and it becomes a
standard comment like our position is that we are opposed to barricades,
period. Then it gets to a point that...
Lt. Longueira: I didn't... I didn't say that, sir.
Vice Mayor De Yurre: ...it becomes senseless to ask an opinion because we are
going to get the same one.
Lt. Longueira: I said our Department recommend...
241 July 22, 1993
Vice Mayor De Yurre: That's the standard response. It is. It's a standard
response. If you know that people want something, I think we should look into
it and say even though we don't like the idea. But, if you are going to go
ahead with this, maybe try this way or try it that way, try it the other way.
You know be more involved in the process.
Lt. Longueira: It's not a standard response cause in the last issue we were
ready to accept B. If it was a standard response we...
Commissioner Alonso: Why didn't you give your opinion in the last item?
Lt. Longueira: Well, in the last item, Commissioner, we wanted "B", Fire
wanted "A". We have to work together and we, we didn't want to take...
Commissioner Plummer: And, Public Works wanted C.
Lt. Longueira: ...that position and the access for emergency vehicles was
more important than our issue at that point. So, we decided to regress.
Commissioner Alonso: That's why you did not give your opinion on the record?
Lt. Longueira: Well, we weren't asked to on that issue.
Commissioner Alonso: That's amazing. And, now on this one, yes.
Mayor Suarez: All right...
Matthew McDonald: Mr. Mayor.
Mayor Suarez: ...and remember not to be repetitive, please.
Commissioner Plummer: It's convenient.
Commissioner Alonso: I don't like that.
Mr. McDonald: Mr. Mayor and Commissioners, my name is Matthew McDonald. I
live at 3404 S.W. 16th Terrace. And, I am opposed to the barricades and also
the closure of the street. I just found out about this two days ago,
regarding the Coral Gate, well, what was going on with the closure of the
street. What got me really concerned is that the only way to be able to get
out of my house would be through Thirty-seventh Avenue, either make a left or
a right. There is no light. And, also we are right across of the building of
Service Merchandise that I believe in two or three months is going to be open.
And, the other issues that I have also is I am concerned with emergency
vehicles coming through my area in case there is an emergency. And,
specifically after Hurricane Andrew, I had some of friends of mine in South
Dade where any metal post or any trees were blocked away and the only way of
getting out through there is through Thirty-seven Avenue. That's my concerns
that I have.
Mayor Suarez: On barricades that are done like the ones that we've done on
Twenty-seventh Avenue, what was the -impact of the hurricane? Did it make it
any more difficult to get in and out?
242 July 22, 1993
Mr. Kay: I did not hear any complaints about access on those barricades.
Mayor Suarez: The situations on a hurricane is such, that the barricades set
up by the good Lord or by nature depending on who you believe caused... are
much worse than the ones that we've set up to that point. OK, Mr. McDonald.
Mr. McDonald: So, I am against the closure specifically for that reason.
Also, Coral Gate Drive will have access to two lights, the one on Thirty-
seventh Avenue and the one on Twenty-second Avenue. So, they have their
access either making a left, a right, or going straight ahead. That access,
we will not have on Sixteenth Terrace. Because there is a light on Sixteenth
Street as 1t is now. And, speaking to a couple of neighbors yesterday, we
have done... they could put curbs so that the traffic goes on excessive speed
through Sixteenth Terrace...
Mayor Suarez: You mean like little bumpers?
Mr. McDonald: Those bumpers, correct. And, that was, I guess the
Commissioner...
Commissioner Plummer: Mr. Mayor, they are illegal. Bumps in public streets
are illegal. You can do it on private streets, but you can't put them in a
public street.
Mayor Suarez: All right. We have done something else. What do you call
those other strips?
Commissioner Plummer: The PRRFFF strips.
Mr. Kay: Rumble strips.
Mayor Suarez: Well, they slow you down a little bit. But, they also do a job
on your tires.
Mr. McDonald: OK, the other things is that I also got signatures yesterday,
through my block. And, I got over a hundred signatures against the closures
and the barricades of the street. Thank you.
Mayor Suarez: Those are introduced into the record. Anyone further on the
position against? I guess we can hear them very quickly.
Peter Genero: My name is Peter Genero. And, I live at 1110 Salzedo. And, I
represent St. Raymond Church. What I had done... Oh, Incidentally I'd like
to mention that the first that St. Raymond's Church heard about this as an
entity was the fourteenth of the month. And, I only regret that we did not
have enough time to put together a more professional proposal. But, what we
did do, we have left with you on your desk three sheets, a little handout.
Sheet number A, shows the plan presented by the Coral Gate Homeowners
Association. Plan or sheet two, shows the location of our church insofar as
Coral Gables or Coral Gate is concerned. It shows that as of now, any one
wanting to come to our Church, and we have over a thousand registered members,
can come from the north, the south, the east or the west. If this proposal
comes through, we have a situation whereby our parishioners will all have to
243 July 22, 1993
go, and incidentally, seventy percent of our parish is east of Douglas Road.
And, all of them will have to circumvent, go around Coral Gate area on to
Douglas Road and enter our Church by the little narrow road called Seventeenth
Street. Now, to get out of church will be the problem. There is no light on
Douglas Road. The only way, and as a minimum, that our parishioners will be
able to leave church without a total gridlock, would be if there is a street
tight, a traffic light put on Douglas Road and Seventeenth Street. And, that
Seventeenth Street Itself be widened to... for an extra lane, to permit two
lanes to exit the church and one turn right and one turn left simultaneously.
Otherwise, our estimate is twenty to thirty minutes, as a minimum, to clear
our parking lot.
Mayor Suarez: Suppose you went in the other direction, what exactly would you
have to do? Jim, to leave St. Raymond's heading east, how would you get out
of the area?
Mr. Genero: We are in favor of the proposal...
Mayor Suarez: I wanted to ask Mr. Kay about your particular hypothetical.
Mr. Genero: Oh, I am sorry.
Mayor Suarez: Leaving St. Raymond's, you would like to go east? How would
you do it? You know where St. Raymond is?
Mr. Kay: You will go west on Seventeenth Street and...
Mayor Suarez: He described that all the way to Douglas.
Mr. Kay: All the way to Douglas, make a right turn and then go down to
sixteenth street to make another right turn and then head due east.
Mayor Suarez: All right, suppose you can keep going east and all the way
around the world and end up back where you started. But, I am thinking is
there any way to go east, Jim?
Mr. Kay: Not if there is a barricade there, no.
Mayor Suarez: There is no way out of the neighborhood if you go east?
Mr. Kay: No, there is no way out, no.
Audience: No.
Mayor Suarez: This is really a tight barricade proposition here you guys are
making. Pretty tight.
Unidentified speaker: Exactly what we say.
Mayor Suarez: Wow! All right.
Mr. Genero: We would be strongly in favor of the Police and at least the Fire
Department suggestion for the removal of those two barricades that will permit
exit...
244 July 22, 1993
El
Mayor Suarez: OK, which are those again?
Mr. Genero: ...to Thirty-second Avenue and Sixteenth.
Mayor Suarez: Which are those that he is referring to? Do you know?
Mr. Genero: That would give us then an ability to exit the Church going west,
going north and going east where the majority of our parishioners are.
Unidentified Speaker: Mr. Mayor.
Mayor Suarez: Is that like a valid modified plan A-1 type thing for you?
Mr. Almaguer: Not at all, sir. What that fails to do is relieve traffic
through Coral Gate Drive from the north to the south through Coral Gate Drive
coming down to the island where commuter traffic can then turn right, go
through and unto Alhambra into the Gables. That's one of the reasons that we
proposed closing off Sixteenth Street. You can see the cars, how the cars are
going through here with the modified J.L. Plummer car here.
Commissioner Plummer: What?
Mr. Almaguer: It's a Cadillac, Commissioner. That's a Cadillac.
Commissioner Plummer: So, automatically I am guilty, right. Damnl
Unidentified speaker: That's right, that's right.
Mr. Almaguer: So, It's... In essence, sir, it does not solve our problem.
In fact, it continues the traffic congestion that we feel in the morning and
in the afternoon from downtown to the Gables and vice -versa.
Mayor Suarez: OK. Ma'am.
Mariela Beaton: Hi, my name is Mariela Beaton. And, I live at 3442 S.W. 16th
Terrace at Coral Gate Villas. I've lived in the same neighborhood for the
last six years. And, I understand that the traffic has gotten atrocious
especially after the storm. But, this is not, I mean, the atrocity that these
people want to close us in. I live on Sixteenth Terrace, the same as with the
Church, I am being blocked into a dead end street. I mean, my property value
is going to decrease just because I am stuck into...
Unidentified Speakers: No, nol
Mayor Suarez: You know what that means when they react that way? It means
that they all want to buy your house, so.
Mr. Almaguer: It's a cul-de-sac.
Ms. Beaton: Yeah, right. They are putting us in. They don't realize this
because they are actually closing Coral Gate Drive right at my street. So,
the only entrance that I have, via traffic, is an exit the same way as the
church, except in a more narrow area where I wait for about fifteen minutes
245 July 22, 1993
for somebody not to block the intersection so that I can get out. And, now
they are only allowing me the opportunity to be 1n a dead-end street. So, not
only is Seventeenth Street going to be a dead-end street, but, also Sixteenth
Terrace is going to be a dead-end street. OK, I mean, I've lived, like I said
in this neighborhood for over, actually eight years, since 1985. And, you
know I have access through Thirty-second Avenue to Sixteenth Street to go to
Sears. To go to Farm Store from my house I would have to, you know, wait in
traffic go ahead and when the Service Merchandise is finally built, I don't
understand what 1s going to happen to us. I think that this is, you know, a
ridiculous proposition to close us in this. And furthermore, they did not
even allow us the opportunity to at least contribute to a solution other than
theirs. Because we did not find out about this until yesterday when this
gentleman came over to our house and petitioned. And, we all went berserk and
that's why it was such little timing and the fact that we all work, we are all
here trying to support against the issue. Thank you.
Mayor Suarez: All right.
Robert Tardif: Robert Tardif, I am an attorney. I've lived in this
neighborhood for forty year. I live on Sixteenth Terrace when I was going to
law school at the University of Miami. The situation has gotten much, much
worse than it was at that time. But, for Coral Gate to want to exclude
Sixteenth Terrace and Seventeenth Street is totally out of question.
Especially with Service Merchandise coming in, the funeral parlors are all in
that neighborhood. The church is in the neighborhood. The cemetery is right
across on Sixteenth Street. It just makes us an island. If you want to
provide a way for us to be able to go up in some kind of a ramp and go around
it, it would be fine. But, there is traffic accidents on Sixteenth Terrace
and Seventeenth Street all the time because there is no traffic light there.
It's going to get worse
Mr. Almaguer: Mr. Mayor, did he give his address, the gentleman?
Mr. Tardif: Oh, 1645 S.W. 36th Avenue.
Mayor Suarez: You know, the sad thing is that, we, to implement one of these
plans and wish that we could accompany it by having some sort of a street
light, that's not in our jurisdiction. It's in the County's jurisdiction.
Mr. Kay: No, it's not. It's Metro Dade County Traffic. Plus you are talking
probably about thirty thousand dollars for the street light.
Mayor Suarez: All right.
Commissioner Plummer: How did they get the one in Grove Isle?
Mr. Kay: Grove Isle?
Commissioner Plummer: Yeah, how did Grove Isle get its own traffic light?
I'd love to know how. And, who paid for it?
Mr. Kay: I don't know. I'd have to took into that.
Commissioner Plummer: Because that's part of the problem with Bayshore Drive.
246 July 22, 1993
Armando Gonzalez: My name is Armando Gonzalez, I reside at 3634 S.W. 16th
Terrace.
Commissioner Plummer: And, the worst part about it is, it isn't coordinated
with Seventeenth Avenue.
Mr. Gonzalez: I oppose the petition as is. But, I do agree with the general
idea behind it. I do believe that the residents in this area want to lock
themselves behind walls, they should be allowed to do so. My point of
contention attention at the three barricades at Sixteenth Street, Sixteenth
Terrace, Seventeenth Street. The two points on Sixteenth Terrace and
Seventeenth Street, I believe have already been explained by other people. My
concern is on the barricade on Sixteenth street. As is, it will defeat the
purpose of the better petitioners. It will divert traffic south bound to the
(Unintelligible) community. Now, 1f you leave that exit open, we can exit
that way by way of Sixteenth Street and just get out of the way. I would
respectively recommend a solution that could be perhaps acceptable by them.
What about to set the barricade on Coral - what's the name of the street? - on
Coral Gate Drive on the south side of Seventeenth Street. And, barricades on
the Seventeenth Street, Sixteenth Lane and Sixteenth Terrace on the east side.
That way we will have easy access on Seventeenth Street and Sixteenth Terrace.
There will be no problem at all. And, what I want can be achieved too.
Because, they will be blocked. Those streets, those four streets we will not
be able to go through. It.just move it to the east side of the intersection.
Mayor Suarez: All right, very good.
J.V. Chao: My name is J.V. Chao, I live at 3423 S.W. 16th Terrace. As
soon... I know that the people of Coral Gate complained about the traffic,
it's not problem with the neighbors, I suppose that. If the problem is the
traffic, I don't understand why they have to close the streets and make East
Berlin and West Berlin at this side. Can you explain to me that? Is a
traffic problem, it's not a neighbor problem. I hear a lot of people talking,
I hear about the neighbors. Neighbors is all the Miami City. If we start to
build barricades in every neighbors, we have a mess in the City of Miami. I
live near the proposed barricade. That means that I have to go anywhere I
want to go, across Sixteenth Terrace to Thirty-seventh Avenue. I pay taxes
like them and I don't see any reason to that.
Mayor Suarez: Go ahead, sir.
Jose Chao: My name is Jose Chao, I live in 3291 S.W. 16th Terrace. He is my
brother. He is losing a lot of money in that. But, my problem is...
Commissioner Alonso: He is what?
Mr. Jose Chao: No, on, if they close here. But, the problem is that why the
people want to make the barricades in the street? Is there a reason for that?
Because, I invite you to my home to stay the whole day. Now I am retired I
stay at home for the whole day. There is no traffic, there is no problem in
any class. Why should I have the whole neighborhood closed? I don't
understand that. I really don't understand that. When they sent me the
247 July 22, 1993
paper, I said, well, I agree 1n order to make you happy. And, I put one exit
to thirty-second, one exit to Coral, Coral...
Unidentified Speaker: Gate, Sixteenth Street.
Mr. Jose Chao: ...no, no. Sixteenth Street, no, yes, Sixteenth Street to
Coral Way and to, what's the other one? Thirty-seventh. I have four exits.
I agree 1f you find that there is a lot of traffic in these streets. You'd
have to do something. But, it's not such a thing. This is a very quiet
neighborhood. Maybe, the quietest in the whole City of Miami.
Unidentified Speaker: Very quiet.
Mr. Jose.Chao: Why they want to move everything around, that I have to go,
when I have to go to some friends, I have to go out through Sears, in Coral
Way and go around Thirty-seven Street, Sixteenth Street. They say it's three
minutes. It's fifteen minutes, sixteen minutes. But, it's not the fifteen
minutes, it's half a gas that you use for nothing. Because it's got nothing
to do with that. You, I invite you to go to my home and stay there for the
whole day. You will see that there is no, any class, any kind of speed of
running either. They are going to spent the money foolishly. If you want to
live in a bulb, you can move to over there where the (Unintelligible) and,
live there. But, I don't like that, I like to live free where I live. And,
that's why I bought my home and I spent all my savings in my life to make one
of the best looking houses in the whole neighborhood. It was the first that
was made in Sixteenth Street and Sixteenth Terrace. And, everybody start
fixing and fixing the house. Now, it seems that I spent my money for nothing.
Because if you want to...
Commissioner Alonso: What 15 your address again, sir?
Mr. Jose Chao: 3291 S.W. 16th Terrace.
Commissioner Alonso: Sixteenth Terrace, thank you.
Mayor Suarez: OK, all right. But, we need... Is that it, sir? Because we
have to act on this, one way or the other. You know, you reminded me when you
said that everything in your neighborhood is fine. You don't see why it needs
to be changed. That's the way I am at home, you know. I got everything in
the bedroom or the living room or something perfect, my wife likes to come
around are reorganize everything. And, I always wonder why she wants to do
that. It looks fine to me. But...
Mr. Jose Chao: That's why they spent so much money...
Mayor Suarez: ...I guess, obviously, they think that somethings would improve
if they, if they could limit the number of people driving through the
neighborhood...
Mr. Jose Chao: Then you...
Mayor Suarez: ...crime, speeding cars, et cetera.
248 July 22, 1993
Mr. Jose Chao: You are going to kill the small business in the Thirty-second.
You are going to kill everybody for nothing because...
Mayor Suarez: That's„ that's the downside, that's the problem. That and the
streets that end up being the major thoroughfares of course. Those are the
two problems.
Commissioner Alonso: Has any, have you asked them if they are willing to
consider opening some streets? Because when, at the beginning of the meeting
it was mentioned, I saw some people going like this. So, maybe...
Mayor Suarez: It's very drastic. Very drastic, what you are proposing.
Commissioner Alonso: ...we can find, you know, some sort of understanding.
You were nodding about some streets. Can we say that are you willing to open
some? Now they changed their minds. I know.
Mr. Jose Chao: let me tell you something.
Commissioner Alonso: No, no, they were saying yes to something when the
Police Department or the Fire Department were talking.
Mayor Suarez: Right.
Commissioner Alonso: I beg your pardon?
Mr. Almaguer: Commissioner, 1f I may. I think that the opposition has really
taken over this meeting.
Mayor Suarez: No, the opposition has not taken over this meeting.
Commissioner Alonso: No, they have a right to state...
Mayor Suarez: The opposition has stated their view. And, presumably has
completed their presentation. Because, we anticipated, since you seem to have
a lot of support. here and you have a very good presentation and everything
else. That you were going to have kind of momentum on your side. We do that
all the time. Now, the Commissioner is proposing just to see if we have a
solution here without having to have a major confrontational vote, if there is
any alternative that you would contemplate that would allow just a little bit
more access from the east end of the neighborhood. And, if the answer is no,
the answer is no.
Commissioner Alonso: Yes.
Mayor Suarez: Then we could proceed with your presentation...
Commissioner Alonso: And, I am not asking that you open four streets or
nothing like that. But, are you willing to accept a minor change to
accommodate the needs of these residents...
Mr. Jose Chao: I don't have...
Mayor Suarez: No, no, now, I am going to stop you, sir.
249 July 22, 1993
Commissioner Alonso: ...and to work with them and see if we can find a
solution? Let me say for the record. I have never seen a neighborhood
prepare such a study, so well done. The forms that were sent to the
residents. I saw the entire package, I was impressed. And, I have to
congratulate the residents of Coral Gate for the excellent work that has been
done on this issue. Very different from the groups before. They were not
well organized. In your case, I think it has done an excellent work and I
congratulate you. But, also they have needs. And, I'd like to see if we can
work in a way that you will be pleased that you gave an opportunity to your
neighbors to try something. Because this is a trial period. And, we all
understand it is a trial period. Maybe it will not work. And that's the
understanding. If that's the case, I'd like to see the possibility that
perhaps addressing some of the concerns. So, that they feel better that they
are included in the trial period. I like to hear what you have to say. We
listened to what they said. We know the streets that they want. I know the
neighborhood quite well because I used to live one block from there. So, I
know the area very well. I know the traffic, I know the neighborhood. It's a
very stable community. It's one that I know well and I respect. And, let's
see if we can find a compromise that will benefit all of the residents of
Coral Gate.
Mayor Suarez: All right, make your presentation. Give me a limited number of
speakers. How many are going to speak on your behalf?
Mr. Almaguer: We have scheduled to speak, Mr. Mayor, we have six.
Mayor Suarez: All right, if you have six, try to keep them to two minutes
presentation. But, if you want...
Mr. Almaguer: Seven, I am sorry.
Mayor Suarez: ...to
minutes presentation
have an idea what you
have a few less, like
and we get out of here
are proposing and why.
three, you can have more four
more quickly. I think that we
Mr. Almaguer: OK. Well, Mr. Mayor, Commissioners, we would like to thank you
for giving us the opportunity to seek your support on this. As you see, we
have overwhelming support from our community. And, I do mean that, our
community. We ask your support for the placement for traffic reducing
barricades in our R-1 neighborhood. However, we must apologize for having to
come to you again in a span of two months for the second time. Although you
unanimously approved our request last month. We have been advised by your
Administration that we must do it through a public hearing. So, you know, on
the words of Yogi Bear, It's "deja vu" all over again. Let me begin by saying
that on Sunday was the first time that we became aware of St. Raymond's
Catholic Church and the fact that they had some concerns about our plan.
Tuesday evening, several of us from the association, most of whom are members
of the church, met with the pastor and other church leaders and reassured them
that our plan in no way denies access to church goers or anyone else wishing
to use church facilities. We will work with them in any way possible to try
to alleviate any problem that may cause them. Considering the very busy
agenda, I will try and keep my comments down to about three minutes for
purposes of reading them into the public records. As you can see from the
250 July 22, 1993
color coded map in front of the podium, Coral Gate is the only well-defined
single family, residential area. And it is surrounded by higher density
zoning on the map. Major traffic arteries also surrounds us, Southwest
Sixteenth Street to the north, Coral Way to the south, Southwest Thirty-second
Avenue to the east, and Douglas Road to the west. Commuters have chosen to
cut through our neighborhood in order to cut down their travel time to work
and home. They speed through our streets, ignore stop signs that have been
put there by Public Works specifically to curb this problem. They ignore all
of these stop signs. And, throw wrappings from drive through breakfasts,
quick lunches and late afternoon snacks onto our streets. These are
nonresidents, these are commuters. At night, thrill seekers speed through our
curving streets and plow through lawns on corner homes. For years, different
members of the Coral Gate Traffic Committee, have sought relief from these
problems, including the placement of three and four way stops at crucial
intersections. Unfortunately, far to many people choose to ignore these
traffic laws and we still have a problem. Three times between June of 1992
and April of 1993, traffic surveys were distributed to every household in
Coral Gate. Three general public meetings were held in which the subject of
barricades was the principal focus of the meeting. On two separate Saturdays,
volunteers knocked on every door of the residents who had not returned a
survey. In short, everyone in the neighborhood had the opportunity to give
his or her opinion in writing. The Miami Herald published two different
articles on our barricade related activities. The latest article published on
April 16th, actually contained the plan before you today. Everyone had access
to this paper. So, anyone that is coming before you today, saying that they
have never seen this plan before, has never read the paper. As a result of
our intensive effort to seek neighborhood input, three hundred and forty-two
households responded to our surveys. Eighty-nine percent of which were in
favor of barricades, an unprecedented and overwhelming majority. For the
record, here are the copies of these completed surveys and the four different
Coral Gate Homeowners Association news letters in which the topic of
barricades were discussed and input was asked for, in addition to the Miami
Herald articles. The barricade plan presented here today, is one that our
residents unanimously approved at our last meeting. Unanimously! For a six
month test period, we wish to allow two entrances and exits which lead to
existing signalized intersections at Douglas Road and Southwest Twentieth
Street, and at the south end of Coral Gate Drive. We wish to eliminate cut
through traffic on both Coral Gate Drive and Southwest Twentieth Street, by
adding an L-shaped barricade at that intersection. One month before the test
period is over, we hope to come before you to make these closures permanent,
landscaped, traffic barricades, similar to those found in the Grove off of
Twenty -Seventh Avenue. The Association is ready, willing and able to finance
this project with existing funds and through future fund-raising events. In
fact, the board of directors has budgeted twelve hundred dollars for the
hiring of off duty police officers as needed during the first week of
implementation of this project. And finally, our request is in full agreement
with City goals, objectives and policies as stated in Volume One of the Miami
Comprehensive Neighborhood Plan, 1989 to the year 2000, specifically under
housing and transportation sections. Both express the City's commitment to
quote, unquote: "Maintaining, and revitalizing residential neighborhoods.
Protecting, enhancing existing viable neighborhoods, partially through designs
and standards for mitigation and traffic intrusion in residential
neighborhoods." Furthermore, policy TR-1.4.1, specifically names the
community of Coral Gate as an area where there is a need to minimize the
251 July 22, 1993
q
intrusion of commuter traffic. Thank you for listening so patiently. If you
need more information, or you would like to hear some other speakers...
Mayor Suarez: If you need more information go to an encyclopedia.
Mr. Almaguer: ...we have them lined up.
Mayor Suarez: You don't... Bob, help us here. You don't intend to have
that many more presentations of that length and that detail and that
comprehensiveness, do you?
Bob Valledor: Mr. Mayor.
Mayor Suarez: We've got other items tonight.
Mr. Valledor: OK, I am Bob Valledor, I live at 3324 S.W. 20th Street.
Mayor Suarez: You are kind of a veteran of these wars. And, he is, as able
as he 1s, he's a little bit newer here, maybe you could kind of coach him a
little bit.
Mr. Valledor: And, I am also, let me put in the plug here for us, OK. Since,
we got some good press two days ago. I am also Chairman of the Nuisance
Abatement Board for the City of Miami, and a recent appointee to the Miami
Affirmative Action Board.
Mayor Suarez: When you get good press, don't push your luck. You know, I
mean...
Mr. Valledor: Well, I know. Well, I am just going to use this... My wife
says that we should have a little plaque saying that.
Mayor Suarez: But, but, try to do summaries. Because, otherwise we just
never going to end here.
Mr. Valledor: Anyway, I think... There's... Mr. Mayor, I think that there
are some people that some comments were made. They disagree heartily with it.
And, I think, basically it's what happened is, is that we tried to do
everything in a fair way. We tried to be, take everyone's position into
consideration. Some of the comments about property values decreasing, I think
are in error. Because if you live in cul-de-sac you have less traffic and
It's more desirable. The same things that you've had over there. But, I
mean, that's in a matter of opinion and all those other things. The primary
concern that we have here is that we have a lot of traffic coming through our
neighborhood. We are trying to preserve the residential quality, the flavor
of it. The people that live inside the neighborhood, we have a lot of
overwhelming support. We've met with the church and we made the phone calls
on Monday to see what the problems were. We asked to meet with them, and they
said Tuesday was the earliest we could. We went over there, their proposal
was open up the northern end of the gate allowing cross through traffic to go
through again. We said we can't do that. We are asking, also if you see in
our presentation, the support of the signalized intersection at Seventeenth
Street. And, when people bring up the cost, .I would think that not just the
Coral Gate Homeowners Association or St. Raymond's Church can get this thing
252 July 22, 1993
done, but also the City of Miami and the Archdiocese of Miami would have some
kind of sway with Dade County to try to get this signalized intersection in.
I've also been told that the intersection of at Seventeenth and Douglas 1s
wide enough to allow three lanes going, one coming in, east bound, and two
going west bound to make a right and a left at the lighted intersection. If
that can come into fruition, the problem that the people on Sixteenth Terrace
would experience - of not been able to make a left hand turn - will be
eliminated, because then they will have that light to take advantage of. And,
that's basically the situation. We looked at putting the barricades back on
Douglas, and, we looked at this as a single family residential area. The
other properties on the... that would be on the west side of the proposed
barricade location are multifamily and high density residential, not single
family. And, that's where the line was drawn. And, that's, I mean that sums
the whole thing up. You know, we've been doing this for a year.
Mr. Jose Chao: May I say something?
Mayor Suarez: Anything further on the pro -side so that we can get a quick
rebuttal and then just a vote here?
Mr. Valledor: Can we continue? Because we have... Lori, Gloria.
Mayor Suarez: Summarize, summarize, please. Don't be repetitive, we've heard
just about everything. We've seen just about everything. We've been exposed
to an encyclopedia of information that you've produced.
Juan Carlos Fernandez: My name is Juan Carlos Fernandez. I just have some
very brief comments.
Commissioner Plummer: I always thought it was ladies first.
Mr. Fernandez: Well, but hers is longer. And, we might not get to it. And,
I just wanted to, I have some rebuttal comments. Would you like to see her
first? She is far more attractive, I know.
Commissioner Plummer: You bet your beepie.
Mr. Fernandez: OK, go ahead.
Gloria Xiques: With all respect, all members of these Commission. I am a
little nervous. But, we have been working at this for over a year. I know
that this for you is a very lengthy, Bay Heights has been before us. But,
please give us a little longer because we all have something to say. It's
very important to us what we have to say.
Mayor Suarez: What is your name, please? Hello.
Ms. Xiques: My name is Gloria Xiques. I live at 3320 S.W. 17th Street. Yes,
we are here because we are affected with the tremendous problems previously
expressed by Cal. All the participants at St. Raymond's Church through the
years have shown tremendous compassion towards those in critical needs, be
whatever it may have been. Now that we need you, please do not fail to see
our serious problems. Remember that, what may be a small inconvenience to the
parishioners, if any, will be a permanent affliction to our community. We, at
253 July 22, 1993
Coral Gate, will have to change our daily pattern of using our own streets in
order to exit our community. We will also be locking ourselves...
Commissioner Plummer: I am sitting here thinking what I did to myself if my
house. I screwed myself. Basically the only way I am going to get in is
Tigertail.
Ms. Xiques: ...Into a dead end. We will have to change our lives. But, the
majority have found that this is an small price to pay to preserve the quality
of family life at Coral Gate. Please understand that we are seriously
affected by this situation of traffic. And with it, I must say a tremendous
amount of crime all over our community. Personally, my house has been broken
into five times, and the cars in my household four times. You can understand
I feel very strong to wish your attention. Mrs. Allen, on Eighteenth Street,
lost her life as a result of having been hit by a car in front of her house.
Mrs. Ventura, from Seventeenth Street, was assaulted and dragged from her car
as she was parking in her driveway. These are neighbors of mine. I know that
this is not important for you, but, it is for us. Mrs. Elizabeth Sikes, from
Seventeenth Street, was assaulted a she was walking towards the church and
left in the sidewalk. Rescue came, took her to the hospital, and she died
fourteen days later. Claudio Ramos' grandson's bicycle was stolen at gun
point as he rode 1t 1n Coral Gate. And, the list goes on. I won't bother you
any further. But, we like to think that our home is the place where we all
like to go at the end of the day to find peace and security. Right? But
instead, the neighbors at Coral Gate are affected daily by the non -ending
traffic, speeding cards, noise, break-ins, garbage, vandalism, etcetera.
This is not the neighborhood that we moved in years ago before our City grew
to be so populated. We are a semi -enclosed neighborhood. Perhaps, what we
are asking you to do today is what our founding fathers anticipated we would
need as the City grew. Please help us finish the job.
Mr. Fernandez: It will be very short. I just had a couple of comments to add
as a rebuttal. First of all, I wanted to say to Commissioner Alonso that I
commend you on wearing Coral Gate green to this meeting. If you'd like a
little ribbon, we would give you a little ribbon. I think it's...
Commissioner Alonso: No, this is the green of Commissioner Dawkins' campaign.
Commissioner Dawkins: Yes, green and white. That's me.
Mr. Fernandez: Jesus, I think, I think that a couple of things need to be
said. One is, while I understand the concerns of these folks, while I
understand that they are also trying to look at their area and how their
traffic flow goes. We did our homework and we went for our best shot. This
is our best shot. If we start opening so many streets up, we will shift
traffic, rather than giving it our best shot. We are asking for a trial
period. These folks are very nice people. But, I counted by my count only
one lives in the Coral Gate neighborhood, seven live outside in the town and
multifamily residential area. So, let's took at what the residents of Coral
Gate want. The only other thing that I wanted to mention was that on
Sixteenth Terrace and Seventeenth Street, which are the streets that we have
been talking about here, on those streets specifically, no matter how you look
at the numbers. On Sixteenth, on Seventeenth Street, nine out of the
residents that are right, right east of Coral Gate, want that particular
254 July 22, 1993
I'*
street closed, not just barricades in general, that streets closed. Three
voted against. On Sixteenth Terrace, there were twenty-five residents right
east of where these folks live, so right... some of your neighbors right on
the other side of Coral Gate Drive, of twenty-five, nineteen favored. And, I
have a list of the names so that if there were any questions. But, nineteen
favored and six opposed. So, no matter how you look at the number, the
majority is there. You can cut them different ways, you can look at it a
different way. But, we are asking for a trial based on the majority of the
residents of Coral Gate.
Mayor Suarez: Well, that, that binder that you passed out that sort of
surveyed people, the problem with it is that you get to cross all the streets
that you would like closed...
Mr. Fernandez: That's...
Mayor Suarez: ...and that doesn't necessarily mean that you have in mind a
plan that leaves...
Mr. Fernandez: That's correct.
Mayor Suarez: ...you know, that closes the entire neighborhood. People would
like to close a lot of streets except maybe for one...
Mr. Fernandez: That's right.
Mayor Suarez: ...that was their particular one of choice to get out of the
neighborhood. And, of course, it doesn't work out that way. Once they see
what the plan looks like...
Mr. Fernandez: Yeah, that...
Mayor Suarez: ...which is something to tell this group. I mean, let's assume
this Commission votes favorably, one of the things you have as a recourse is
to organize to get the neighborhood to realize that closing off like this, in
such a totality, in such a total way, is not a good idea and then come back
for, at the end of the trial period, assuming it passes. Because, people
don't really grasp this until they see it. The reason I say this is I heard
Commissioner Plummer, a couple of minutes ago, he was talking about his own
neighborhood we voted on before, he said, I just realized the only way I can
get to my house now is Tigertail. And, this is a guy that probably knows the
City layout about as well as anybody. So, the fact that people until they try
it don't realize... I mean, we had a prior testimony, they talked about the
fact that every home in Natoma and Bay Heights has, I think, ten trips a day
on the average. When you try to take those ten trips, because that's an
average figure, and you find that you have to go through one entrance into the
entire neighborhood. Whether is for church or for anything else, you might
just find that this is a very, very, very tough plan. And, that's what, if
this matter passes today on a trial period, that's what you have to do. It's
to get organize to show people that this is just a little bit too restrictive.
I am not sure is going to pass. But, folks we've heard both sides. If you
want to say something real quickly on rebuttal. And, then you can say
something and we wrap up the public hearing. Sir, you spoke before. You did
not. If you want to say something real quick.
255 July 22, 1993
Fernando Caballero: Yes, real quick. My name is Fernando Caballero. And, I
am from 1661 Douglas Road. I just wanted to reiterate in the problem of
Seventeenth Street. If you were to close that street off, entering the church
on Sundays, you would only have that one access as we already went through.
Also in the corner there, there is a funeral home there, which I represent.
And, the visitations on Sundays, there's a lot of people that usually come to
the parlor on Sundays. It would just increase the problems of the traffic
coming in and out of there. Which is a problem already on Sundays. If you,
right now, we have four access coming out, if we would just to eliminate all
of those access, just leave that one, it would create a big problem for all of
us in the community. Also, with coming in on services to that church, which
1s quite popular, with services from other parlors around, it will increase
the traffic tremendously also. And, there will just be•no way to accommodate
these people coming in and out unless if there was a police escort or
something of that sort. I just wanted to say mainly that that traffic on
Sundays is a real problem as it is. And, closing off all the access would
just increase that problem.
Mayor Suarez: All right, thank you, Fernando. Last statement, and then we
got to vote on this, folks. Ma'am, you seem desperate, you've got papers,
you've got...
Ms. Angela Mason: My name is Angela Mason. And, I have lived on Southwest
Sixteenth Terrace for eight years, since 1986. I live at 3502 S.W. 16th
Terrace. I am slightly disabled, I have cerebral palsy on my left side. And,
I need sixteen, I need Coral Gate to get out. I can't be going to Douglas
Road. And, have that to be the only entrance or exit that I can use. I hope
that, with all due respect, I hope that the Coral Gate homeowners are ready to
pay any damages caused by a car broad siding me when I must make a left turn
on to Douglas Road. And, I have to have access. If you, if you would like to
keep your part of the neighborhood safe, I suggest that you barricade the east
side of Sixteenth Street, I mean Sixteenth Terrace, and the east side of
Seventeenth Street. That's fine by me. Now, if you notice on the map, you
can see that the barricades that they would like to place on Sixteenth
Terrace, Seventeenth Street, is one resident's end, not at the street. One
resident's end. What's the reason for that, I would like to know? That's not
the end of the street. That's one house before the end of the block. That's
not the end of the street.
Unidentified Speaker: That's not the corner.
Mayor Suarez: I am sure that our people are going to have to look at that.
Jim, you can't, obviously, segregate one house.
Mr. Kay: It's the zoning district boundary line. It's what they, where they
are proposing the closure.
Mayor Suarez: All right, anything further? And from this side, real quickly.
Ms. Mason: Thank you, I waited three hours to speak. Thank you.
Mayor Suarez: OK, Angela. That lady behind you, Manolo, please. She just
spoke in another... No, no, don't be suggesting to other people to speak.
The lady right there. Ma'am, yes.
256 July 22, 1993
a]
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETTERS. TRANSLATION WERE MADE BY MAYOR SUAREZ.]
Dora Quesada: BUENAS TARDES, MI NOMBRE ES DORA QUESADA. YO VIVO EN CORAL
GATE...
Commissioner Plummer: Hey, they are going to make a right instead of a left.
Dora Quesada: ...HACE TREINTA ANOS. ESCOGI ESE LUGAR PORQUE ERA UN LUGAR
ACOGEDOR. TENIA UN PARQUE DONDE MIS HIJOS PODIAN JUGAR. HABIA, LOS VECINOS
NOS CUIDABAMOS UNOS A OTROS, NO TENIAMOS NECESIDAD DE NADA. INCLUSIVE LA
AMERICANA DE EL FONDO FUE LA QUE LE PUSO EL NOMBRE A MI NEGOCIO, DE LO BIEN
QUE NOS LLEVABAMOS TODOS. ENTONCES MI PREGUNTA AQUI ES, YO NO PERTENESCO A
CORAL GATE YA? PORQUE YO VIVO EN UNA AVENIDA, EN LA TREINTA Y DOS AVENIDA.
AHORA BIEN, LOS VECINOS DE ENFRENTE DE LA TREINTA Y DOS AVENIDA TIENEN OTRA
ASOCIACION, QUE HAN HABLADO DE CERRAR TAMBIEN EL REPARTO. AHORA, YO ME DIGO,
LOS DE LA TREINTA Y DOS, LAS PERSONAS QUE VIVIMOS EN MIAMI, SI TODO EL MUNDO
CIERRA, LOS QUE VIVIMOS EN LAS AVENIDA NADA MAS PODEMOS TRAFICAR POR LAS
AVENIDAS? PORQUE YO VOY MUCHO A LA IGLESIA. PERO TAMBIEN TAMBIEN ATRAVIESO
GATE CORAL PARA IR A MI TRABAJO. ESO ERA TODO, GRACIAS.
TRANSLATION: Good afternoon, my name is Dora Quesada. I live in Coral Gate
for last thirty years. I chose that area because it is a receptive area, my
kids could play. The kids would kind of keep an eye on each other and we all
would take care of them. The native born lady from the corner was the one
that named my business. Then my question is, I no longer belong to Coral Gate
because I now live on Thirty-second Avenue. People across the street on
Thirty-second Avenue have another association, homeowners. And, they talked
about also closing off that neighborhood. So, I ask myself, those of us who
live in Miami- a little slower. If all of us close our neighborhoods, those
of us who live in the major thoroughfares - she calls them the avenues - will
only be able to transit on those. Because, I go to church a lot. But, I also
have to cross Coral Gate Road to go to my work. That was all I had to say.
Thank you.
Mayor Suarez: Even with the translation, you were the quickest of all.
Where did you come from? I thought we were finished here.
Patria Linares: I am the last.
Mayor Suarez: Last, last.
Ms. Linares: My name is Patria Linares. I bought... My husband and myself
bought the house in 1965. So, we have many years living in that area. We
live in 1634 S.W. 36th Avenue. It happens to be that our avenue is so short
that it is only six houses. Three on that side and three on this side. And,
they are single family homes. We raised our family there. The children left
and we are getting older. Last night, I could not sleep thinking this, if
there is a fire in the garage and the trucks come, and we get a heart attack,
because we have high blood pressure and we are old, we are getting older, no,
257 July 22, 1993
how do we leave? By helicopter, with having one access out. That worries me.
And besides, it worries me that when we bought the house and we have the
papers, the paper said Coral Gate Lot. As far as I understand, our
neighborhood has been always from Thirty-seven to Thirty-two...
Unidentified speaker: That's right.
Ms. Linares: ..from Twenty-two, that is Coral Way, to Sixteenth Street. Why
are we segregated or excluded? Are we different? Why, because we accepted to
have some two family houses built on the grove? We had them, we signed that
they could be built because it was safer for our children. That was a grove
and who knows who was going to hide over there.
Mayor Suarez: OK, thank you.
Mr. Valledor: Mr. Mayor, in the cooperation and historical niceness of Coral
Gate, we are willing to work with the church. Again, I want to remind the
Commissioners that this is a temporary measure. One of the things that we had
talked about ourselves was to have someone take the barricades on Seventeenth
Street on Sunday mornings and move them, and then reinstall them after the
services had been completed.
Unidentified speakers: Oh, no.
Mr. Valledor: Hold on, this we found out after meeting with the church.
Again, these people, we had not heard from them before. We would like to meet
with them. And, we would like to see if we can work it out in an effort to be
good neighbors as we've tried to do in the past.
Mayor Suarez: That's an interesting idea. I hadn't thought of that.
Mr. Valledor: Now, what we would like to do, Mr. Mayor, is that we would
still like to have our proposal with the understanding that we are also in
support of the church's stated desire at the meeting that we had. And, on
behalf of the Church, we are also asking for the City support in securing a
signalized intersection at Seventeenth and Douglas and free laning it as we
mentioned before.
Mayor Suarez: Well, if this comes through, you certainly have to try for
that. I mean, otherwise, you really created a traffic nightmare for
everybody.
Mr. Valledor: For sure. And, with the promise that if it so accepted by the
Commissioners, we will take it upon ourselves to remove the barricade the
temporary one on Sundays, so they can have their services and get in and out
and get back and close it back up.
Mayor Suarez: All right, thank you. Last statement, Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Fifteen, fifteen seconds. What we need here,
citizens, is a Solomonic decision instead of a salmon decision. My suggestion
is as follow, I live in Coral Gables, but, I go to church at St. Raymond's.
And, I go to the funeral home. Maybe, I understand both sides. The issue of
heavy traffic is try to avoid and put this barricades during the traffic jams
258 July 22, 1993
t
to accustom other people to go through the other areas. During Saturdays and
Sundays, I don't think that that is much problem except people who go to the
funeral home and to St. Raymond's, which are on the same street. They should
be left open during the weekend. I think that the heavy traffic and the
problem with the traffic is exclusively during working days and specific
hours. Thank you very much.
Mayor Suarez: All right, sir. Commissioner Dawkins.
Commissioner Dawkins: Before you close the public hearing, you know we
encourage youth to participate. And, the young lady there has been trying to
say something all day. May I hear from her, please.
Mayor Suarez: All right, Ma'am, Miss.
Commissioner Plummer: Your turn.
Ms. Monica Perez: OK. My name is Monica Perez. I live at 3440 16th Avenue.
Commissioner Plummer: Street.
Ms. Perez: Terrace - Avenue - OK. I don't think that it's right for them to
put barricades, because I personally think since on our papers, it said Coral
Gate Villas, so to me, I believe that we're in Coral Gate, and if they're
going to put up barricades, they should include us.
Mayor Suarez: All right.
Commissioner Dawkins: OK. Thank you. Go ahead. Close it off.
Mayor Suarez: All right, sir, last statement. Just...
Mr. Howard Richardson: Last statement.
Mayor Suarez: Just in deference to his age, if for nothing else, folks. What
could possibly be.
Commissioner Plummer: All I want to know is, if they're so much better
organized than Bay Heights, how come it's taking longer?
Mr. Nelson Doval: I'm the last one here. I'm the last one.
Mayor Suarez: Wait. Wait a second.
Mr. Howard Richardson: My name is Howard Richardson. I live at 3665
Southwest 16th Terrace. What these people don't seem to realize is that we
are part of that community. We're the two streets north of their famous
village, and they are trying to cut us off by cutting our streets off.
They're going to make us take - those kids that go on school buses, they're
going to have to go down their street and turn off, the garbage are going to
have to go down their street and turn off, the trash, everybody is going to go
halfway down the street. There's not any way there for them turn off. And
not only that, they're going to find out that they're going to miss that Coral
Gate exit, so they can go to work east every morning.
259 July 22, 1993
Mr. Nelson Doval: My name 1s Nelson Doval. I am a physician. I ride rescue
for 50 years on the Beach with the Fire Department, and I heard a statement
here that the fireman over here says that he will double his response time,
32nd to 37th. I found out it's very difficult, because after 15 years of
experience riding in the street, in eight minutes, six minutes, we can't go
all the way down to - 67 blocks down. So I don't agree on that.
Mayor Suarez: All right. Thank you, sir, doctor. All right, Commissioners,
the public hearing is closed. Any motions on the matter? We need a...
Mr. Marcos Rodriguez: Excuse me. Can I have a second?
Commissioner Plummer: I got no problem, Mr. Mayor. I made my statement
before, I'll make my statement again. The only question I need to ask is, how
long is the trial period for?
Unidentified Speaker: Six months.
Mr. Kay: Right. I failed to mention that it's going to be for six months.
We recommend six months, rather than 90 days in the resolution.
Commissioner Alonso: Ninety days?
Commissioner Plummer: I would think six months is a long time.
Mr. Kay: Ninety days is in the resolution. They're asking for six months.
Commissioner Dawkins: And you're recommending what?
Mr. Kay: We can do either way. Six months is fine.
Commissioner Dawkins: No, no, no. That's not what I asked you, "either way."
What do you recommend?
Mr. Kay: Six months.
Commissioner Dawkins: Thank you.
Commissioner Plummer: Oh, you recommend the six months? OK. Mr. Mayor, I...
Mayor Suarez: A young man here apparently was hoping that...
Commissioner Alonso: One concern that I have and I'd like the City staff to
respond to that, there was a lady who made reference, she has partial
disability. The Coral Gate exit that she was talking about, is something that
could be done? How can we address this issue? This is a matter of concern to
me.
Mr. Kay: I don't have an answer for you on that, Commissioner. As you know,
the barricades, when ultimately built, the permanent barricades would allow
emergency vehicles to get through there, and that's about the best I can tell
you.
260 July 22, 1993
Commissioner Alonso: Well, she was making
was making specific references. I think
addressed, and it is a problem that - do you
have something you can work?
reference to how can she exit, and
this is something that should be
have a solution for this? Do you
Mr. Almaguer: We're more than willing to work with these people to come out
with a compromise so that their egress and ingress is OK with them. All we're
asking for, Commissioners and Mr. Mayor, is a trial period. That's all we're
here asking for.
Mayor Suarez: All right. She was specifically asking about the...
Commissioner Alonso: Yes, but what I'm asking specifically is about this
concern. It's something serious that we should look at. Six months for a
person who is having this kind of problem might be extended length of time.
So what we should do - I'm going to vote with you, but I'd like you to look
Into the situation, and if you find that it really has value, perhaps come
back in September, and then we look at this particular issue again and find a
solution for this particular case that I think is a serious concern. And I
don't know specifically what she was referring to, but it's access and I think
it's something that we should pay attention to.
Mayor Suarez: All right. I forgot to let the young man make a quick
statement.
Mr. M. Rodriguez: Yes. My name is Marcos Rodriguez. I live on 16th Terrace
and 36th. Also, when we bought our home - I've lived there for 25 years - I
was - basically, I was raised there - I looked at the paperwork, and we are
part of Coral Gate. I found out about this problem last night, and what I
fail to see is that the neighbors at 16th Terrace were - no one 1n my area
that I spoke to knew about anything about any barricades that were proposed to
be bringing up. Another problem that I see is in the neighborhood, as far as
access, I again also have to stress the problem of 37th Avenue that we're
going to have with, you know, a visibility problem, because of the commercial
buildings that are on 37th Avenue. When cars park there, there's no
visibility towards the left, and towards the right, we also have a FP&L
(Florida Power and Light) pole which stands also, you know, in the way, as far
as visibility. Another problem we have is the problem of the elderly, that in
my home, specifically, I have a 73 year old grandmother, and that would also
pose a problem to me, like the gentleman with the Fire Department said, as far
as time for going to pick up someone, you know, in an emergency, and
sometimes, three minutes do make a difference. Behind me, I have Ashton
Court, where it's a community of several small homes, which elderly people do
live, and I just want to stress that, because it was stressed here from the
Department of Transportation, as far as a problem for the elderly. Thank you.
Mayor Suarez: All right. Commissioners -
Mr. Almaguer: Mr. Mayor...
Mayor Suarez: Please, please...
Mr. Almaguer: I assure you this is the last.
261
July 22, 1993
Commissioner Dawkins: Close it, close it.
Commissioner Plummer: Mr. Mayor, I'm ready if - whenever you're ready.
Commissioner Alonso: I'm ready to move. Yes.
Mr. Almaguer: I assure you this is the last.
Commissioner Dawkins: You all are going to lose my vote.
Commissioner Alonso: I will move to...
Commissioner Dawkins: It's such a thing as overkill, OK?
Commissioner Alonso: I'm ready to move that we approve the item as presented
to us, we go on a trial period, and then we'll see what happens.
Mayor Suarez: What period of time?
Commissioner Alonso: Six months. They have assured me that they are going to
work with this case, and if it - I expect the Administration to work with
them, closely watch and monitor the situation, and if it requires coming back
in September, let's do so, but if not, I move for six months trial period.
Vice Mayor De Yurre: Mr. Mayor, I'd second, but six months for me, it's to
long. You know, I think whatever can be done, as far as a trial is concerned,
four months is more than ample.
Mayor Suarez: Is there any issue that by advertising 90 days, we should
really kind of stick to that, because that's what the public hearing was
proposed to be...
Commissioner Alonso: Oh, they say...
Mayor Suarez: ... or the notice, of whatever it was that was sent out?
Commissioner Alonso: It was sent out for 90 days?
Mr. Kay: I don't believe the public hearing...
Mayor Suarez: I am not asking the proponents. I am asking Mr. Kay.
Mr. Kay: The ad did not mention anything about 90 days, but...
Mayor Suarez: He's holding up something that apparently refers to 90 days.
Commissioner Plummer: Well, just have a review at the end of 90 days.
Mr. Kay: No, that was in the resolution.
Commissioner Alonso: Oh.
Mr. Kay: That's the way it was - that's our standard resolution.
262 July 22, 1993
Commissioner Alonso: Well...
Mayor Suarez: All right.
Vice Mayor De Yurre: You know, preferably, 90 is what we usually go, but if
they want it, for some reason, extended for 30 days, that's OK. But six
months for me, it's too long.
Commissioner Alonso: Well, in order as to not to have a major problem, let's
have it for six months, a trial period, and review in three months, and we
have then a middle-of-the-road understanding.
Commissioner Plummer: That's fine.
Commissioner Alonso: OK, three months, we review.
(APPLAUSE)
Unidentified Speaker: I call to a point of order. Their statement said 90
days. Now, they're changing it.
Mayor Suarez: All right. We've clarified ...
Commissioner Alonso: They are coming back in 90 days, so...
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I need to...
Mayor Suarez: Yes. Please, help, Mr. City Attorney. Give us some guidance,
Mr. City - Assistant City Manager - somebody, so that we don't...
Mr. Jones: Whatever you do, I think you need to take into consideration the
lady who got up and mentioned her need to have accessibility or whatever else,
is that I don't want to place the City in a position where we're buying into a
violation of the Americans with Disabilities Act, because as a governmental
entity, by sanctioning this, you are giving - it's a possibility you're buying
into...
Commissioner Alonso: Yeah. Of course, in this case, we don't have a
permanent barricade. Therefore, we are not bound to any of this.
Mr. Jones: Right.
Commissioner Alonso: And that's why it's important, and if it takes coming
back -in September, let's do so, to address this issue. And then when it comes
to permanent barricades, then it's something that will have to be addressed.
Commissioner Dawkins: Well, I was going to say the same thing, I think, the
City Attorney said, and I'm happy to see a facilitator prove to me that
they're not as rigid as they said. Because they first said, "No, this is it,
we will not change." And now, I hear him saying that we will take into
consideration what they want and try to work what they want into the plan, and
you must do that. We have a lady over here who has put you on notice...
Commissioner Alonso: Yes.
263 July 22, 1993
Commissioner Dawkins: That if for any reason, her health is impaired, she's
going to sue you. You have another gentleman over there who said, "If I
cannot get to the doctor, lrregardless if it's a flat tire on my car or what,
I'm going to blame you." So you don't need to open yourself up to that. You
need to work to make sure, as the City Attorney said, we don't violate what,
Mr. City Attorney?
Commissioner Alonso: The disability act.
Commissioner Dawkins: What now?
Mr. Jones: I'm sorry, Mr. ...
Commissioner Dawkins: What did you say we don't violate what?
Mr. Jones: The Americans With Disabilities Act.
Commissioner Dawkins: See, none of us - we don't want to do it, and we don't
want you to do it. So I would say, work with them and - because this is a
trial period - and you don't need them fighting against us when we get ready
to make this permanent. We need to have them on our side. I'm prepared to
vote.
Mayor Suarez: Al right. We have a motion, and I never quite got straight
whether it was for 90 days, or four months, or six months, or what it was. We
know what the petition that was circulated said.
Vice Mayor De Yurre: Mr. Mayor, I'll go with the four months, but if not, I
have to vote no. Six months is too long for us to reevaluate this thing.
Four months is OK? Four months... (inaudible).
Unidentified Speaker: "Me permite aclarar, una cosita?"
Mayor Suarez: Please, please, please, ma'am. OK. Who was the movant? Who
do you have as the movant?
Mr. Walter Foeman (Assistant City Clerk): Commissioner Alonso.
Vice Mayor De Yurre: Dr. Alonso is the movant, and - but...
Mayor Suarez: All right. Does the movant accept four months?
Commissioner Alonso: Yes, I think so.
Mayor Suarez: All right, very good.
Commissioner Alonso: And we said that in three months, it's coming back for
review. In three months, it's coming back for review.
Mayor Suarez: Well, if we're going to try it for three months, let's go for
90 days, then.
Vice Mayor De Yurre: Well, we're going with four. It'll still be up.
264 July 22, 1993
iv4r4i?
Commissioner Alonso: OK, yes. At four months, it's OK. OK.
Vice Mayor De Yurre: OK. Four months.
Unidentified Speaker: "Me permite decir una cosita?"
Mayor Suarez: No, no, no. Please, please, ma'am. We have a motion to try
this out for - which is the motion now? You want to do it in 90 days?
Vice Mayor De Yurre: Four, four months.
Mayor Suarez: Four months, and then review. Four months, and then review.
Seconded accordingly. Any discussion from the Commission? If not, please
call the roll.
Unidentified Speaker: "Puedo decirle una cosita chiquitita?"
Mayor Suarez: No, madam.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-488
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND
PERMITTING THE RESTRICTION OF VEHICULAR ACCESS TO
CERTAIN STREETS IN THE CORAL GATE NEIGHBORHOOD IN THE
CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH PLAN "A" AS
ATTACHED HERETO, FOR A 120 DAY TRIAL BASIS, SUBJECT TO
CONDITIONS, AS SET FORTH HEREIN.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Let me register one vote no, so that you know that you've got
to make sure that this thing works, and look for some ways on the Coral Gate
side. It just seems too restrictive. Maybe at the end of four months, you
may have some other doubters up here.
265 July 22, 1993
COMMENTS MADE AFTER ROLL CALL:
Commissioner Alonso: And maybe they will find that they have to open certain
areas.
Mayor Suarez: Yeah.
Commissioner Alonso: And that's the idea of a trial period.
Mayor Suarez: Right.
Commissioner Alonso: Yes.
Mayor Suarez: OK.
Mr. Valledor: Mr. Mayor and Commissioners, thank you very much.
Mayor Suarez: Shouldn't have said that, Bob.
Commissioner Alonso: Good luck.
Vice Mayor De Yurre: Mr. Mayor, are we going to do pockets?
Commissioner Dawkins: Mr. Mayor, a point of information.
Unidentified Speaker: "Por favor, yo le puedo decir algo? Porque no me han
dejado."
Mayor Suarez: No, no, no, ma'am. The public hearing is closed.
Unidentified Speaker: "Ah, bueno."
Commissioner Dawkins: Point of information.
Unidentified Speaker: "Esperate, esperate."
Mayor Suarez: No, ma'am. The answer is no. You may sit down. Somebody from
staff, please take her input. Explain that we're going to try this out for
four months. She's going to give us all the input in the world.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Point of information. We will not be back until
September. I have four pocket items, J.L. Plummer has six. Are we going to
do pocket items? Because if we are, we need to...
Commissioner Alonso: I have two.
Mayor Suarez: We have a rule of two emergency items per Commissioner, and we
hope we can get to that, and I want to get through as much of the Planning and
Zoning agenda as possible,.please.
266 July 22, 1993
Commissioner Dawkins: All right. Then I will bear with you until 8:45, and
at 8:46, I will offer a motion to do the pocket items.
Mayor Suarez: Could we clear the chambers, please?
Commissioner Dawkins: If I don't get a second and it don't clear, then we'll
go on with the meeting.
Mayor Suarez: All right, sir.
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of July, 1993, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 8:03 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ALSO PRESENT:
Sergio Rodriguez, Assistant City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
Cesar Odio, City Manager
------------------------------------------------------------------------------
34. GRANT APPEAL -- DENY VARIANCE TO ALLOW A FRONT YARD SETBACK FOR PROPOSED
CAR GARAGE TO EXISTING SINGLE FAMILY RESIDENCE AT 2025 S.W. 5 AVENUE.
(Applicant: George J. Falcon. Appellant: Mike Karaty, Jr., / Miami -
Roads Neighborhood Civic Association, Inc.)
Mayor Suarez: PZ-1. Mr. Wally Lee, Assistant City Manager, could you please
help me to put some order in these chambers? You want me to - do we have some
police officers? Miss - my staff, could you please ask this young lady,
whatever input she wants to give you, to give it to you upstairs in the
chambers? Goodness, almighty! Planning and Zoning item 1. We're... Please,
267 July 22, 1993
work to get the ones that are supposed to be out, out, and the ones that are
supposed to be in, in, and all of them quiet as they come in and out, please.
Planning and Zoning agenda item 1. A resolution to appeal the Zoning Board's
decision.
Mr. Lourdes Slazyk: OK. Lourdes Slazyk, Planning, Building and Zoning. PZ-1
is an appeal of a variance that was granted by the Zoning Board for a front
yard setback for a proposed addition to a single-family residence.
Mayor Suarez: Manager, please.
Ms. Slazyk: The staff recommendation is for denial of the variance and for
approval of the appeal. The subject property is currently achieving
reasonable use of the property -without the setback. I have a transparency of
the plan to show you that if the garage were redesigned on the site, it could
fit without requiring the variance.
Mayor Suarez: Is the Roads Association involved in PZ-1?
Commissioner Alonso: Yes.
Commissioner Plumper: They are the...
Mayor Suarez: They're here on more than one item then.
Commissioner Plummer: They're the appealers.
Mayor Suarez: OK. Who is here on the opposing side?
Mr. Virgilio Perez: I am, Mr. Mayor.
Mayor Suarez: Virgilio. OK. Swear in both sides, please, and only speak,
those that - try to limit the number of speakers, needless to say, from the
Roads Association.
AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: All right. The appellants first.
Commissioner Plumper: Do I assume that this structure is already built?
Mr. Andre Rouviere: No.
Commissioner Plummer: It is not?
Commissioner Alonso: No.
Commissioner Plummer: Thank you.
Mr. Rouviere: Good evening. My name is Andre Rouviere. I live at 1516
Alegriano. I'm here on behalf of the association, as an attorney, free of
charge. We are here tonight because there was a grave error made by the
Zoning Board on June 7, 1993, and if this decision was not reached in error,
268 July 22, 1993
then the association feels that there was some form of favoritism involved.
On June 7th, the Zoning Board heard two very similar issues, both requesting
variances on a 20-foot required setback for the building of a garage. On the
last page of the packet that was handed to you, you will see what the results
of those were. One of the variances was requested for a residence at 4150 E1
Prado Boulevard, and the other one was at 2025 Southwest 5th Avenue. The case
is - that is the case we are here on tonight. Both applications were
recommended for denial by the Planning Department for failure to satisfy any
of the six hardship criteria required. Now, the six hardship criteria are
placed before you on this blowup, and this blowup is the actual copy of the
recommendation from the Planning Board showing denial of all the criteria that
needed to be reached. This gentleman reached none of these criteria. The E1
Prado applicant had very little opposition at that hearing, and was denied.
However, Mr. Falcon, the owner of the property in question, was strongly
opposed, and yet, his proposal was granted. A brief review of the six
hardships that must be established in order to have this variance granted are
as follows. The existence of a special condition to this land that does not
exist with the other - to any of the other residents in the area. That,
obviously - with "no" checked, it was not reached. In conjunction with that,
if there was a special condition, it cannot be a condition that was
established or created by the landowner. There was an existing garage on the
other side of the building, which this gentleman ripped down in order to build
this one on this side of the property. The garage on the other side now has
over 40 feet of area in which he could rebuild that garage. However, he's
choosing to do it on the short end of the property. The third criteria which
this man would have to establish is that the granting of this variance would
deprive him of a right that others are granted. Again, he has not reached
that burden to fall within that hardship. Fourthly, with the granting of this
variance, he would have to establish that the variance being granted would
create him no special treatment that others are not getting. He is not going
to be losing out on any special treatment that any other individual in that
area is receiving. Fifth, the variance, if granted, is the minimum variance
that makes it possible to reasonable use of the land. As I explained to you
already, the reasonable use of the land was where he already had the garage,
yet he ripped it down. This is something he has created. Now, he wants this
Board to grant a variance or uphold a variance which negates the way this
should be handled. The final hardship in which - that this man would have to
reach would be that if the granting of this variance would not impede on the
general intent and purpose of the Zoning ordinances, in interest to the
neighborhood. Based on the amount of people that I am representing, and are
here on opposition, I believe that it would do that. Now...
Mayor Suarez: Why don't you have a show of hands of all the people that are
supporting the position being expounded on here. OK. All righty. Anything
further, counselor? It's pretty complete. You've gone through almost every
criterion that I can think of for a hardship.
Mr. Rouviere: For your convenience...
Mayor Suarez: You're going to hit us with the electronic wizdardry now, is
that?
Mr. Rouviere: Yes. They have prepared a video in which - which was used with
computer enhancement in an attempt - in an attempt to show you with as close a
269 July 22, 1993
scale as possible, what this addition would do to the home and to the area.
This 1s the existing home, with a view from 21st Road. With the addition of
this garage on this side, you can see that now there is a clear view of the
streets at the intersection, and that it has plenty of space. With this
addition, you can see how close to the sidewalk this garage would be, and how
it would impede the view of the home to the east, and how it would also impede
the view of individuals driving at that intersection. You cannot see from
that - coming up to, approaching that street - any oncoming traffic.
Mayor Suarez: But that's not 11 foot -two.
Commissioner Alonso: That's not built, and is not there.
Mr. Rouviere: No, that's not built. That is computer enhancement of...
Commissioner Alonso: No, because I go by, I don't see it.
Mr. Rouviere: Based on the plans that were submitted, and the...
Mayor Suarez: That setback doesn't look like 11 feet there 1n that computer
simulation that you've got.
Commissioner Alonso: Yeah. It's a tremendous impact, I tell you. It's
overwhelming.
_Mr. Rouviere: Well, that was based as close to scale as possible.
Mayor Suarez: The computer scale is a little bit off. All right.
Commissioner Alonso: It was overwhelming.
Mr. Rouviere: OK. Well, it's somewhat close. It's just to give you an idea.
Now, from this view, you can see the clearness, and also, how the homes are
lined up. There are no homes sticking out from each other. The Roads have
been built in a way to which the homes are all lined up. This garage being
built on this corner will impede that line that has been set throughout the
Roads, and the way this was zoned to be built. As you can see...
Mayor Suarez: Sergio, the setback that they were supposed to keep 20 feet is
the one that is on our right here?
Commissioner Alonso: Yeah, in front.
Mr. Rouviere: Is right here.
Mr. Sergio Rodriguez (Assistant City Manager): It would be on the right,
right.
Mr. Rouviere: They built to the right.
Mayor Suarez: OK. That doesn't look like 11 feet. Your computer simulation
makes that look like three feet.
270 July 22, 1993
Mr. Rodriguez: No, what they - what he - they are supposed to give 20 feet,
and I believe he is saying that if they were to do what the applicant is
proposing, that 1s the way it would look. But they are supposed...
Commissioner Alonso: How many feet from the street?
Mr. Rouviere: Eleven. They're looking for 11.4.
Mayor Suarez: It just doesn't look like 11, that's all.
Commissioner Alonso: Eleven.
Mr. Rodriguez: Right. It doesn't look like 11.
Mayor Suarez: All right.
Mr. Rouviere: Well, it was...
Mayor Suarez: I mean, it's bad enough that it's not going to be 20, but
you're making it look like about 11 inches.
Commissioner Alonso: Yes. Eleven, yes, yes.
Mr. Rouviere: Well, it's as close as we could get.
Commissioner Alonso: I thought he was going to tell me two or three. Yeah.
Mr. Rouviere: It's only a 13-inch screen, so.
Mayor Suarez: All right. Your computer failed on that point, but otherwise,
it's useful. All right.
Commissioner Alonso: Yeah, it's...
Mayor Suarez: Anything further?
Mr. Rouviere: Yes. It is very important to realize that there was no basis
upon which this variance should have been granted. The decision is directly
in contradiction to the Planning Department's recommendation for the denial.
Furthermore, it was in direct contrast to the overwhelming support against it.
This decision was an error, please make no mistake. On behalf of this
organization and the Roads Association, the Third District Court of Appeal has
clearly spoken on what is unique hardship for granting such a variance. The
law provided by the Third DCA (District Court of Appeals) is controlling on
this circuit - Dade Circuit Court - which would hear this if it was appealed.
The law on this basically says that a variance - I'm quoting from Herrera
versus City of Miami, which some of you may be familiar with, since it did
come through you all - that a variance seeker must demonstrate an exceptional
and unique hardship to the individual landowner not shared by the other
property owners in the area. And the variance which permits use not
authorized by existing zoning restrictions for a neighborhood is not justified
unless no reasonable use can be made of the land without the variance. Now,
as we've discussed, the reasonable use was already there when the man had the
garage on the other side of the house.
271 July 22, 1993
f
Mayor Suarez: All right. Thank you, counselor. You've kind of beat this one
to death pretty well.
Mr. Rouviere: All right. OK.
Mayor Suarez: All right.
Mr. Rouviere: We just ask that...
Mayor Suarez: You may keep a minute or two rebuttal, quick.
Mr. Virgilio Perez: Yes, Mr. Mayor. My name is Virgilio Perez, with offices
at 1401 West Flagler, and I'd like everybody who is in favor of this to raise
his hand. Several neighbors are here in the association who are in favor of
this. I'd like to explain a little bit about the procedure of this in
rebuttal. I'd like to give you a photograph of how the house was before,
which we had before we did the presentation of the plans. This presentation
of plans was voted in favor by the Zoning Board, six to three. I'd like to
explain that, if you can see this little house that it was, and specifically,
where Planning Department says that it will be an enhancement to the
neighborhood, as you can see down here, the plans that are presented, it will
be an enhancement to the neighborhood. Now, we have a specific problem on
this lot, and this is what really creates the hardship. The City of Miami,
what it really means is that the less side of a lot, the smallest side of the
lot, is regarded as the frontage of the lot. As we have a lot which is
rectangular in size, from 50 to 100, the side of the lot is the frontage of
the lot, even though the house faces completely to the front, to the largest
size of the lot. Now...
Mayor Suarez: Why is that? Why is that the case? Why can't we use the side
setback?
Commissioner Alonso: Because refacing was eliminated.
Mr. Rodriguez: In the definition, the question was whether - sorry, because I
was... somebody was asking me something.
Mayor Suarez: Why, what looks like a side setback, ends up being a front
setback, I guess, 20 feet?
Mr. Rodriguez: Because of the...
Mayor Suarez: Because that's the main artery? Is that...
Mr. Rodriguez: Because it's a corner lot, and when you have a corner lot, you
have the choice of moving the property to the other side. In this particular
instance, on the side that is toward - not toward the street, but toward the
other side, toward the left, in the drawing that you're looking at - they have
about 41 feet open, beyond the proposed structure that they have.
Mr. Perez: That means that the smallest size of the lot becomes the frontage
of the lot; is that correct or incorrect?
272 July 22, 1993
Mr. Rodriguez: It's correct.
Mr. Perez: It's correct.
Mr. Rodriguez: The smatter will become the front.
Mr. Perez: OK. That is the reason that...
Mr. Rodriguez: But in the - but that also means that in the other side, it
will become the rear, and you have 20 feet setback, and you have present,
after your proposal, 40 feet open to put any kind of structure in that area.
Mr. Perez: Oh, there is no question whatsoever. We do have the 40 feet open
there. Now, what happens is that this is the... specifically the hardship of
this lot. Now, I'd like to make a comparison of what will become the
residence, with the actual setback that we have, permitted by law, on the side
setback. If you see this is the residence as it states, and this is what we
would be able to be built. What happens here is, to do a garage here, we only
have seven feet to be increased to that area.
Mayor Suarez: You only have a bicycle garage.
Mr. Perez: A bicycle garage. What happens is though, the extent - if you
extend the - with a variance there - 1t was 11.2, according to the architect -
you can have a two -car garage. Now, if these young people were going to be
married - were going to be married, they both work, and they need to put their
cars inside, because they don't have anyplace to park. And I'm going to
present as an exhibit, over 420 burglar reports in the area that I'd like to
present as an exhibit, and that's one of the reasons they want to have a
garage. I also want to Introduce over 60 neighbors that have signed a
petition, who belong to the association there, who belong to that area, that
are in favor...
Vice Mayor De Yurre: Did they buy that house without the garage?
Mr. Perez: They are - one of the reasons here that we have is - Mr. De
Yurre - is...
Vice Mayor De Yurre: No. My question is, when they bought the property, did
it have a garage?
Mr. Perez: No, it didn't. It shows right in the picture, it was the old
picture, there's no garage there.
Vice Mayor De Yurre: So it isn't like they weren't on notice, is it?
Mr. Perez: No, it's not that they weren't on notice. They want to enhance
the area.
Vice Mayor De Yurre: Oh, I just wanted to make sure.
Mr. Perez: No, that's all right. And what happens is that they want to put a
garage, specifically for the crime area that they have over there. They
have - they need this type of setback. Now, one of the things is that it's
273 July 22, 1993
important that the prior code only had a ten -foot setback, which this code
now, the 11000, has a 20-foot setback. One of the reasons that we have, that
we are saying that this is a problem - that is not a problem - is because
there's several houses in the area that have the similar problem that these
people have. As you can see, a comparable residence 1n the area, you can see
a side setback here with a garage, and you can see a house that is a little
bit to the rear, and if you look from the porch of the house, you'll see the
same problem that they would have. Now, I have another area here, and I would
like to show you, because I want to tell you that the City of Miami permits
them to build a wall, an eight -foot wall, specifically in the building tot,
and the lot will come specifically as this extension would be, an eight -foot
wall. When It gets to ten foot, it has to drop down to 42 inches. So in
reality, if my applicant would build a six-foot - an eight -foot wall, it will
be detrimental to the neighbor, completely, instead of having a nice residence
to the area. And if you could see the actual residence here, you can see that
this is the rear of the house, the house which is in construction. And by the
way, my applicant is trying to obtain a permit and a variance before anything
happens. So he's trying to comply with all the codes and all the process that
the City gives any residence to obtain any kind of variances for themselves.
This shot was taken specifically from the porch of the house that is behind.
Now, if you look at this plan, and you figure that if we can construct an
eight -foot wall up to here, same as the two -car garage, we wouldn't be doing
any betterment for the neighbor. On the contrary...
Mayor Suarez: That's the old Bob Traurig argument. If you don't allow this,
let me show you what we could build...
Mr. Perez: No, that's a nice...
Mayor Suarez: ... that is allowed, and it's much worse.
Mr. Perez: It 1s much worse. So I really think that the enhancement...
Mayor Suarez: I think he invented that. He's back there hiding. He's -
there he is.
Mr. Perez: There he is, there he is. Good teacher. Now, I think the
enhancement of the house, I think the type of a lot, the rectangular type of a
lot gives you the necessary hardship for my applicant to comply, and
specifically with the Zoning Board that voted six to three in favor of this
applicant. I'd like to have some df the neighbors here, they want to say a
few words, if they may.
Mayor Suarez: Virgilio, just keep in mind, be reasonable with us. We've got
many items left, and the Commissioners have emergency items. We're not
meeting in August, and the cumulative evidence that they can give is not going
to sway this Commission, I don't think. But...
Mr. Guillermo Tabraure: OK. My name is Guillermo Tabraure. I live in the
24th Road and 4th Avenue for 30 years. I am so happy when I saw a lot of new
construction and new add - you know, addition in this area. Mr. Falcon, you
know, you can see the picture, the old picture, because I bought this house in
1974, and I sold to him a year ago. It's a really ugly house. He try to make
beautiful, you know, and give to all the area, you know, a nice view. And we
274 July 22, 1993
have a lot of - a lot of thief and rob there. No 422 like Mr. Perez says.
It's 442, you know, break and entry, all kind the crime around, and we are
here, you know, to - to see the Mayor, the Commission approve and he can make
addition.
Vice Mayor De Yurre: And you told them all that when you were trying to sell
them the house?
Mr. Tabraure: Excuse me?
Vice Mayor De Yurre: Huh?
Mr. Tabraure: No. I want to sell all my property, Mr. De Yurre.
Vice Mayor De Yurre: Ahh.
Mayor Suarez: All right. Anything further?
Mr. Perez: Yes, Mr. Mayor. We have the representative, the architect that
wants to explain specifically about the plans.
Mr. Urrutia: My name is Jorge Urrutia. I reside at 1545 Northwest 8th
Street. I'm an architectural graduate from the University of Florida, and
currently a building inspector with Dade County. I also worked with the City
of Coral Gables five years as chief building inspector. I was working as a
consultant with Mr. William Plascencla in the preparation of these plans. The
house did have a garage initially. It was a one -car garage. When we started
devising the plans, as logical, we wanted to place the bedroom areas in the
more private side of the lot. I think any one of you can concur that you do
not want to have your master bedroom suite 20 feet away from a major
intersection, like this one is here at the corner of 21st and 5th Avenue.
Therefore, we propose in our plans to demolish the existing garage and build a
master bedroom suite on the more private side of the lot. The main problem we
had here in designing this house was the orientation facing the larger side.
OK.
Mayor Suarez: The side ends up being the front setback, 20 feet.
Mr. Urrutia: Exactly.
Mayor Suarez: We have no doubt that you would build something very nice, and
we also have no doubt that almost anything that is built there is nicer than
the way it looks right now. The problem is, under the law, you have to show
hardship, and that's very tough to show.
Vice Mayor De Yurre: Let me ask you, was the garage 1n the same side as it is
now?
Mr. Urrutia: No, sir, the garage is on the opposite side.
Vice Mayor De Yurre: The garage was on the other side. OK.
Mayor Suarez: OK. Commissioners, I - you can rebut if you want but at your
own risk.
275 July 22, 1993
Mr. Mike Karaty: Mr. Mayor, members of the Commission, my name is Mike
Karaty. I'm president of the Miami Roads Association. Just a couple of
things that I would like to give to you at this time. You have on Page 1 a
375-foot radius sheet. Those areas marked in red...
Mayor Suarez: OK.
Mr. Karaty: ... are signed petitions that we have by the residents.
Mayor Suarez: We have those...
Mr. Karaty: But I will submit to you...
Mayor Suarez: ... introduced into the record.
Mr. Karaty: ... also, we have a petition of the general residents of the
Roads. Over a hundred people have signed against it.
Mayor Suarez: All right. Introduced into the record.
Mr. Karaty: I would like to rebut to two things. When the garage was
torn
down, it was torn down under a permit, just to tear down the garage.
The
debris from the garage was dumped in three spots illegally in the
City.
That's a pending case right now. I also have...
Mr. Perez: Mr. Mayor, I believe that's not a part of the issue here,
and I
think my applicant did not hold any kind of a thing...
Mayor Suarez: All right. And I really don't think it's needed for your
case,
but...
Mr. Karaty: OK.
Mayor Suarez: OK. Commissioners, on the item before us, move to deny the
appeal - no, I guess - I thought it was an appeal from the Zoning Board
decision by the opposing side.
Commissioner Plummer: This is an appeal.
Commissioner Alonso: This is an appeal of the decision of the Zoning...
Mayor Suarez: Uphold the appeal; is that what you're moving? OK. I second
the motion to uphold the appeal.
Ms. Maer: To, in other words, to reverse the Zoning Board decision and deny
the variance; is that what I hear?
Mayor Suarez: Right.
Vice Mayor De Yurre: That's right.
Ms. Maer: OK.
276 July 22, 1993
Commissioner Alonso: But it was motion to deny?
Commissioner Dawkins: OK. Is the motion understood?
Ms. Maer: It's a motion to grant the appeal and deny the variance.
Commissioner Plummer: It basically overturns the Zoning Board.
Commissioner Alonso: The decision of the Zoning Board.
Ms. Maer: Right.
Commissioner Dawkins: Motion understood? Call the roll, sir.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-489
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING A VARIANCE FROM ORDINANCE NO. 110001
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 11.2'
(20'-0" REQUIRED) FOR THE ADDITION OF A PROPOSED CAR
GARAGE TO AN EXISTING RESIDENCE FOR THE PROPERTY
LOCATED AT 2025 SOUTHWEST 5 AVENUE, MIAMI, FLORIDA,
ALSO DESCRIBED AS LOT 18, BLOCK 5, HOLLEMAN PARK, AS
RECORDED IN PLAT BOOK 8 AT PAGE 28 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez,
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.
(APPLAUSE)
Mayor Suarez: Item PZ-2, a resolution.
Mr. Perez: Thank you, Mr. Mayor.
the resolution was passed and
277 July 22, 1993
_--..------------------------------------------------------------------------- -
35. DISCUSS AND CONTINUE (TO SEPTEMBER 21ST MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO PERMIT A HELISTOP ON EAST SIDE OF BISCAYNE
BOULEVARD BETWEEN N.E. 6 AND 9 STREETS. (Applicant: Public Works
Department).
------------------------------------------------------------------------------
Mayor Suarez: This is a special session requiring the City Commission
approval.
Mr. Sergio Rodriguez (Assistant City Manager): For the helistop in the FEC
(Florida East Coast) track.
Mayor Suarez: For?
Mr. Rodriguez: A helistop on the FEC track.
Mayor Suarez: Any Commissioner have any problem with this item or any
resident have any problem with this item? OK. It's been moved by the Vice
Mayor.
Commissioner Dawkins: Second.
Commissioner Plummer: Mr. Mayor, I had asked...
Mayor Suarez: Seconded by Commissioner Dawkins.
Commissioner Plummer: Mr. Mayor, I had asked...
Mayor Suarez: Please, everyone, please. Give us a hand. This is a long day
and we've got to few...
Commissioner Plummer: ... to the Administration, I had asked to see a plan of
this. My concern, Mr. Mayor, using this as a heliport, that you're going to
have a dust storm out there, and you're going to have rocks.
Commissioner Dawkins: Move to deny it and let's go on so we can go home - I
mean to defer.
Commissioner Plummer: Well, all I asked was the assurance...
Commissioner Dawkins: But they didn't give it to you, so move to deny it so -
I mean, defer it so we can go to the next item.
Commissioner Plummer: OK. I second.
Commissioner Dawkins: OK? Let's get out of here.
Mayor Suarez: The item is deferred till the second meeting in September.
Moved and seconded. Any discussion?
278 July 22, 1993
Commissioner Plummer: No, what I was - (unintelligible) dust storm. Dust and
rock storm.
Mayor Suarez: If not, please call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, ITEM PZ-2 (PROPOSED
HELISTOP DOWNTOWN) 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.
------------------------------------------------------------------------------
36. VACATE / CLOSE N.W. 15 AVENUE FROM N.W. 6 STREET TO 7 STREET AND N.W. 6
STREET FROM A POINT 100 FEET EAST OF EASTERLY RIGHT-OF-WAY LINE OF N.W.
16 AVENUE TO WESTERLY RIGHT-OF-WAY LINE OF N.W. 14 AVENUE -- AS
CONDITION OF TENTATIVE PLAT 1435: NEW ORANGE BOWL SUBDIVISION.
(Applicant: Public Works Department.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-3. Street vacation enclosure.
Commissioner Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Suarez: City of Miami Public Works. Moved and seconded. Anyone
wishing to be heard against the item? Let the record reflect no one stepped
forward. Call the roll on the item.
279 July 22, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-490
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 15TH AVENUE, FROM NORTHWEST 6TH STREET TO
NORTHWEST 7TH STREET, AND THAT PORTION OF NORTHWEST
6TH STREET FROM 100 FEET EAST OF THE EAST RIGHT- OF -
WAY LINE OF NORTHWEST 16TH AVENUE EXTENDED TO THE WEST
RIGHT-OF-WAY LINE OF NORTHWEST 14 AVENUE EXTENDED, AS
PROVIDED IN MIAMI CITY CODE SECTION 54.5-16 AND AS A
CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1435, "NEW
ORANGE BOWL SUBDIVISION", SUBJECT TO THE REQUIREMENTS
OF THE PLAT AND STREET COMMITTEE FOR THE PROPERTY
LOCATED AT NORTHWEST 15TH AVENUE AND NORTHWEST 6TH
STREET, ALSO DESCRIBED AS THAT PORTION OF NORTHWEST
15TH AVENUE LYING BETWEEN A LINE 35 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SECTION 2, TOWNSHIP 54
SOUTH, RANGE 41, EAST (SAID NORTH LINE BEING THE
CENTER LINE OF NORTHWEST 7TH STREET) AND A LINE 50
FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY
LINE OF NORTHWEST 6TH STREET EXTENDED, AS SHOWN ON THE
PLAT OF "LAWRENCE ESTATE LAND CO'S. SUBDIVISION IN
SECTION 2, TOWNSHIP 54 SOUTH, RANGE 41 EAST", AS
orrnonrn TN PLAT BOOK 2 AT PAGE 46. OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; AND ALL OF THAT
PORTION OF NORTHWEST 6TH STREET LYING BETWEEN THE WEST
RIGHT-OF-WAY LINE OF NORTHWEST 14TH AVENUE EXTENDED
AND THE SOUTHERLY PROLONGATION OF THE EAST LINE OF LOT
12, BLOCK 34, AS SHOWN ON THE PLAT OF "LAWRENCE ESTATE
LAND CO'S. SUBDIVISION IN SECTION 2, TOWNSHIP 54
SOUTH, RANGE 41 EAST", AS RECORDED IN PLAT BOOK 2 AT
PAGE 46, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(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.
280 July 22, 1993
------------------------------------------------------------------------------
37. SECOND READING ORDINANCE: AMEND 11000 TEXT IN ORDER TO ADD / DELETE /
CLARIFY LANGUAGE THROUGHOUT ORDINANCE IN ORDER TO UPDATE AND SIMPLIFY
ITS ADMINISTRATION. (Applicant: Planning, Building & Zoning
Department.)
------------------------------------------------------------------------------
Mayor Suarez: Item PZ-4, to amend...
Commissioner Dawkins: The Department recommends approval.
Mayor Suarez: City of Miami...
Commissioner Dawkins: I'll move to approve.
Mr. Sergio Rodriguez (Assistant City Manager): Yes, this is on second
reading.
Mayor Suarez: The item is moved.
Commissioner Plummer: Second.
Mayor Suarez: Does anyone wish to be heard against this item? Let the record
reflect no one stepped forward. Moved by Commissioner Dawkins, seconded by
Commissioner Alonso, who's writing. Read the ordinance. Call the roll.
281 July 22, 1993
a]
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF
DISTRICT REGULATIONS", TO ADD AND CLARIFY CERTAIN USES
IN THE G/I GOVERNMENT/INSTITUTIONAL, C-1 RESTRICTED
COMMERCIAL, C-2 LIBERAL COMMERCIAL, CBD CENTRAL
BUSINESS DISTRICT, AND I INDUSTRIAL ZONING DISTRICTS,
AND TO ADD AND CLARIFY PARKING REQUIREMENTS AND SIGN
REGULATIONS IN CERTAIN ZONING DISTRICTS; ARTICLE 6,
SECTION 603, TO ADD HEIGHT LIMITATIONS FOR R-1 AND R-2
RESIDENTIAL DEVELOPMENT IN THE SD-3 COCONUT GROVE
MAJOR STREETS OVERLAY DISTRICT; SECTION 608, TO ADD A
CONDITIONAL PRINCIPAL USE TO THE SD-8 DESIGN PLAZA
COMMERCIAL RESIDENTIAL DISTRICT; ARTICLE 9, GENERAL
AND SUPPLEMENTARY REGULATIONS, TO DELETE SECTION
903.5; TO ADD NEW AND CLARIFYING LANGUAGE TO SECTION
907.4 "YARD, GENERAL LIMITATIONS ON OCCUPANCY",
SECTION 918 "OFFSITE PARKING", AND SECTION 925 "SIGNS,
GENERALLY"; ARTICLE 13, SECTION 1304.2, TO CLARIFY
LANGUAGE REGARDING OWNERSHIP STATEMENT REQUIREMENTS
FOR SPECIAL PERMITS; ARTICLE 17, MAJOR USE SPECIAL
PERMITS, DETAILED REQUIREMENTS, TO ADD, DELETE AND
CLARIFY LANGUAGE IN ORDER TO CONSOLIDATE REVIEW OF
SPECIAL PERMITS AND/OR VARIANCES AS A PART OF THE
MAJOR USE SPECIAL PERMIT REVIEW PROCESS; ARTICLE 19,
SECTION 1903, TO ADD OWNERSHIP STATEMENT REQUIREMENTS
FOR VARIANCE APPLICATIONS; ARTICLE 22, SECTION 2202.3,
TO CLARIFY LANGUAGE REGARDING OWNERSHIP STATEMENT
REQUIREMENTS FOR ZONING AMENDMENT REQUESTS; AND
ARTICLE 25, SECTION 2502, "SPECIFIC DEFINITIONS", TO
ADD A DEFINITION FOR "RESIDENTIAL FLOOR AREA", AND TO
CLARIFY DEFINITIONS FOR "FLOOR AREA, NONRESIDENTIAL",
"FLOOR AREA, RESIDENTIAL", "NONRESIDENTIAL FLOOR
AREA", AND "YARD, REAR"; AND BY AMENDING THE "TEXT
INDEX" TO CORRECT A CROSS-REFERENCE; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of May 27, 1993, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
282 July 22, 1993
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. 11079.
The Assistant 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.
38. FIRST READING ORDINANCE: AMEND CODE CHAPTER 62 -- TO ALLOW SIX ABSENCES
INSTEAD OF FIVE PRIOR TO REMOVAL OF MEMBERS FROM PLANNING ADVISORY
BOARD. (Applicant: Planning, Building & Zoning Department.)
Mayor Suarez: Item 5. I'll entertain a motion on it.
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: Second. But why are we doing that?
Mayor Suarez: Seconded.
Commissioner Plummer: Why are we giving them more freedom to be absent than
they had before?
Mr. Sergio Rodriguez (Assistant City Manager): Well, it's - basically, what
is happening they're meeting, twice meeting - two meetings in one month are
held in a second - in a single day, evening, and if they miss three days, they
miss six meetings. So what this is doing, they request us to clarify, that
five doesn't make any sense anymore for them, because once they miss three
meetings, they will be missing six meetings already. If you want to control
it differently, this is a request that came from them, because they felt that
the five -day -missing -day rule didn't work out.
Commissioner Plummer: Does this then eliminate any excused absences?
Mr. Rodriguez: Right. They don't have any excused absences.
Commissioner Plummer: OK.
Mayor Suarez: OK. Read the ordinance, please.
283 July 22, 1993
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 62, SECTION 62-52 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
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.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on Its first reading by title 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.
------------------------------ -------------------- ----------------------------
39. FIRST READING ORDINANCE: AMEND 11000 TEXT -- ADD / CLARIFY PARKING
REQUIREMENTS FOR NEW CONSTRUCTION ON PROPERTIES OF ONE-HALF ACRE OR LESS
IN SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND SD-17 SOUTH
BAYSHORE DRIVE OVERLAY DISTRICT. (Applicant: Planning, Building &
Zoning Department.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-6.
Commissioner Dawkins: Before we get into PZ-6, Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Mr. Rodriguez, go down to line 10, where it says
"background and analysis."
Mr. Sergio Rodriguez (Assistant City Manager):
PZ-5?
Commissioner Dawkins: PZ-6.
Mr. Rodriguez: Oh, I'm sorry. OK.
Commissioner Dawkins: Go down to line 10.
All right. Which one, sir?
284 July 22, 1993
Mr. Rodriguez: Uh-huh.
Commissioner Dawkins: Al right. Go over where it says, "Per request of a
City Commissioner," insert the name of the City Commissioner, whoever over
there is referring to, and let the record so reflect that that was the
Commissioner that was talking - that was spoken of - instead of putting "a
Commissioner," and have people in doubt as to who that referred to.
Commissioner Plummer: I'm missing something.
Commissioner Alonso: Oh, because it says, "Per request of a City
Commissioner."
Mr. Rodriguez: OK. Yeah, I'm sorry. It was Commissioner Dawkins.
Commissioner Dawkins: Well, put it in there.
Mr. Rodriguez: All right. Commissioner Dawkins.
Commissioner Dawkins: OK. I'm not ashamed of having done that.
Mr. Rodriguez: That's OK. I...
Commissioner Dawkins: All right. So put it in...
Mr. Rodriguez: I didn't even remember, actually.
Commissioner Dawkins: ... so if anybody picks up the records ten years from
today, they know it was Miller Dawkins.
Mayor Suarez: Miller "John Hancock" Dawkins.
Commissioner Dawkins: OK?
Mayor Suarez: That'll do it.
Commissioner Dawkins: Now, go ahead. Go ahead with 6.
Mr. Rodriguez: OK, sir.
Mr. Joe McManus: Mr. Mayor and members of the Commission, as you recall, you
had passed a series of three ordinances that basically allow payment in lieu
of parking in the Village Center of Coconut Grove. It was called to our
attention by Commissioner Dawkins that there may be an inequity caused by
owners of vacant parcels of half acre or less who could no longer apply for
variances, because of the ordinance changes, and who are now required to
provide parking on their sites of one half acre or less. And we looked at
that, and the Department is continuing to recommend denial...
Commissioner Plummer: What did they do? Operate on it?
Mr. McManus: ... because what we tried to start off with originally was to
solve existing parking deficit in Coconut Grove, and to close the door on
285 July 22, 1993
future parking deficits. By allowing this amendment, that is, allowing new
development of a half acre or less, to pay a fee in lieu of parking, instead
of providing the parking on site, has a potential of creating new parking
deficits in the Central Grove area. And we believe that all future - all new
development, regardless of size, should provide its required parking as
currently specified in the ordinance. And the Planning Department recommended
denial. The Planning Advisory Board recommended approval. Thank you.
Commissioner Dawkins: Let me ask you a question. How many parcels of land
are we speaking - are we talking about?
Commissioner Plummer: You don't know?
Mr. Rodriguez: We have four in SD-2 and - how many we have in SD-17? One,
two, three, four, five in SD-17.
Commissioner Dawkins: OK. Well, let's talk about the four first. Now, I own
a piece of property, and you have allowed people around me to buy into an
Imaginary automobile parking "farage," whatever you call it. OK? But because
I had a piece of land that's vacant, you're going to deny me the right to
develop my property, the same as you gave the other people the right to buy
Into a phantom parking garage, that I should be allowed - because nobody's got
parking. You don't have any parking, and you're going to tell me that it's
humanly correct to deny the people who've got these parcels of land the F
right - they will never be able to develop the land. There's never going to
be any place in there to park. So how - somebody over here tell me, what are
they supposed to do with the land?
Mr. Rodriguez: Commissioner, let me try to start with the first part of your
statement. If you remember, when we presented to you the parking proposal for
the Grove, the ordinance, the idea was to correct a problem that existed there
at the time, because there was some parking that was not being provided by the
existing businesses in the area. So that's the first part of the statement.
Commissioner Plummer: These two, in particular.
Mr. Rodriguez: The second part, I think that they will be able to provide
parking in the property.
Commissioner Plummer: This one here, and this one here, in particular. But
this is also an access.
Mr. Rodriguez: I agree with you that they will be somewhat limited in what
they can do with the development of the property, because of the amount of
parking they will have to provide, but they will be able to develop the
property.
Commissioner Plummer: But those two are the main ones, because there's - they
come in in the morning, they come this way and go down here to avoid a light.
Here and here.
Mr. Rodriguez: If they were not able to develop the property, we wouldn't
have recommended it to you. This limits, though, what they can do with the
property, I agree with you, because of the size of the - the parcels are
266 July 22, 1993
small, and the layout of a parking lot requires a certain width to make it
work In the most effective way. This will limit the amount of development
that they will be able to have.
Mayor Suarez: Well, as an example, Grand and Douglas, you got the SD-12
there, right? What is that overlay district you've got there as part of
this...
Mr. Rodriguez: SD-2.
Commissioner Dawkins: SD-2.
Mayor Suarez: All right. How - is this going to impede in any way the GUTS
(Grovltes United to Survive) project?
Mr. Rodriguez: Which? What project, I'm sorry? I didn't hear you.
Mayor Suarez: GUTS project, the Grand and Douglas project, the Goombay Plaza
project.
Mr. Rodriguez: OK.
Mayor Suarez: The one we've been trying to get off the ground for the last
eight years project...
Mr. Rodriguez: I didn't understand what you said.
Mayor Suarez: ... that Planning and Zoning don't particularly care about, but
the rest of us do. Is it going to impede that, or as the Commissioner is
implying?
Mr. Rodriguez: I didn't understand what you said, sir. That's why I asked
you. And Planning and Zoning care about that project, but if this were to be
allowed, they have presently a space in the corner, in the corner lot, which
is empty, which is owned by Offstreet Parking.
Commissioner Plummer: We've got additional granted at the last Commission
meeting.
Commissioner Alonso: Yes.
Commissioner Plummer: We bought more property at the last Commission meeting
for them.
Mr. Rodriguez: We bought over there and they provide parking over there. So
now, in relation to that particular part of the project, no, we are not
limited.
Mayor Suarez: It won't affect it, because right on site, you can put enough
parking to - for the uses that are contemplated?
Mr. Rodriguez: For that particular case, yes.
287 July 22, 1993
Mayor Suarez: Have you checked that out? Can you tell me that as of now? I
mean, for sure, or you're pretty sure?
Mr. Rodriguez: As far as I'm concerned, they have a vacant piece of land in
the corner. The vacant piece of land in the corner where you have the
landscaping that says "Welcome to the Grove," in that area, you can put
parking. The shape and the amount of parking that they would provide will
depend on the amount of projects that they will do in the future. As you
know, that project has been changing throughout the years, several times.
Commissioner Dawkins: But supposedly, I want to take that piece of
property...
Mr. Rodriguez: Uh-huh.
Commissioner Dawkins: ... and put a Walgreen's Drugstore, since there is no
drugstore in that area...
Mr. Rodriguez: Mm-hmm.
Commissioner Dawkins: And I want to service the area, and I want to put a
Walgreen's there. Where am I going to park?
Mr. Rodriguez: You could park in the green area, which is presently vacant...
Commissioner Dawkins: Green area? And they wouldn't - they...
Mr. Rodriguez: ... in the corner of Grand and McDonald.
Commissioner Dawkins: What green area?
Mr. Rodriguez: If you - when you look at the area, in the intersection of
Grand...
Commissioner Dawkins: OK.
Mr. Rodriguez: ... adjacent to the old Tiki Club.
Commissioner Dawkins: It's the Tiki Club...
Mr. Rodriguez: You have a...
Commissioner Dawkins: ... then it's a vacant lot...
Mr. Rodriguez: The vacant tot.
Commissioner Dawkins: ... and then it's something in the back. Now, where is
the green area?
Mr. Rodriguez: The vacant lot that I mentioned was the green area.
Commissioner Dawkins: No. Well, the vacant lot is what I'm telling you I
want to build on.
288 July 22, 1993
Mr. Rodriguez: Right.
Commissioner Dawkins: OK? That's the part I'm going to build on.
Mr. Rodriguez: OK.
Commissioner Dawkins: Now, where will I park?
Mr. Rodriguez: OK. I assumed that you were talking about using the existing
property.
Commissioner Dawkins: No, no. Well, OK, I just straightened your assumption.
No.
Mr. Rodriguez: OK.
Commissioner Dawkins: OK? Now, where would I park?
Mr. Rodriguez: You would be able to park under - in the first floor of the
building, in the lower part, or in the green area they have in the back that
they bought, the City have bought.
Commissioner Dawkins: So therefore, the City of Miami will provide me with
any extra money that it cost to develop my property, to put parking there,
which the City of Miami is demanding that I have? You're going - the City
will give me whatever money I need to do that with, to develop my land?
Commissioner Plummer: Don't hold your breath.
Mr. Rodriguez: Well, otherwise, the City will have to provide the money for
the parking, to pay for the Parking Improvements Trust Fund. So...
Commissioner Dawkins: But there again...
Mr. Rodriguez: ... I mean, the solution that we're proposing...
Commissioner Dawkins: But there again, if let me buy into this phantom
parking, I don't have to go through all this.
Mr. Rodriguez: But you will have to have the money to pay for that, too.
Commissioner Dawkins: That's - see, I don't mind. See, that's what you and I
don't agree on.
Mr. Rodriguez: Mm-hmm, OK.
Commissioner Dawkins: I'm not saying let them go there free.
Mr. Rodriguez: Mm-hmm.
Commissioner Dawkins: I'm saying that let the individual pay the same amount
of money into the phantom garage or phantom whatever that you are allowing the
people who do not have parking to pay into it now. That's all I asked. I
didn't tell you to let them go free, but I'm saying that these individuals who
289 July 22, 1993
have this property that they cannot develop because there is no parking, they
should be allowed, in my opinion, to buy into this phantom parking lot.
That's all I was saying.
Mr. Rodriguez: I agree, but, Commissioner, it's a policy decision, you know.
Commissioner Dawkins: Thank you.
Mayor Suarez: Why is that area included at all in what initially was supposed
to be a parking concern of the central commercial district of Coconut Grove?
Why 1s Grand and Douglas even a factor in all this?
Commissioner Plummer: Because it's SO.
Mr. Rodriguez: Because it's SD-2-
Mayor Suarez: So because you put some...
(INAUDIBLE COMMENT)
Mayor Suarez: That's incredible. What an answer. All right. I don't know.
What is item 6? Who wants Item 6? Who wants item 6? You want item 6?
Mr. Stephen Helfman: In a slightly varied form from what has been proposed.
I was before you all when you adopted that parking ordinance which allowed
people to pay and move ahead, and I...
Mayor Suarez: You never told us it went all the way out to Grand and Douglas.
Mr. Helfman: And I think that I made a fairly compelling argument to you that
what had happened here was, there were three, plus my client's vacant parcel
in the SD-2 that could not have the benefit of this ordinance, which is to pay
and go. In fact, the ordinance not only prohibits them from paying and going,
it took out the right to even apply for a variance if they ended up in a
hardship situation. So it not only said, "You four parcels are stuck with
what we know doesn't work," because it hasn't worked throughout all of the SD-
2, that's why we're changing it, "but you can't even apply for a variance any
longer. So you guys, you four very small guys"...
Mayor Suarez: OK. What would item 6 do, and why should we vote for it, so we
can get on with this?
Commissioner Alonso: To allow these four, probably.
Mr. Helfman: What item 6 does - what item 6 does, it says to the very few
remaining parcels there, "We're going to let..."
Mayor Suarez: Four, apparently.
Mr. Helfman: "We're going to let you do the same thing that we let all -
everybody else do in Coconut Grove, including all the violators, all those bad
guys, who for years..."
290 July 22, 1993
Mayor Suarez: I would think that would make sense. I have no idea why it
Includes Grand and Douglas., but I would think that would make sense.
Mr. Helfman: OK. Let...
Mayor Suarez: Does any Commissioner have any problem with that?
Commissioner Dawkins: Move it.
Mr. Helfman: The request that I have is that...
Commissioner Alonso: Second.
Mr. Helfman: ... the ordinance, as it's proposed, doesn't even give us that.
They're recommending against it as it's proposed. What it says now is,
"You've got to prove through a special exception that you'd be entitled to
this." What we're saying is, "Treat us just the same as everybody else."
That's all. You got a few parcels,'they are very small. I went through the
whole scenario, how you see what happens when you have to put all this
parking...
Mayor Suarez: Can that change be done by interdelineation at this stage?
Linda Kearson (Assistant City Attorney): Yes.
Mayor Suarez: OK. Does anybody have any problem with that approach, that
it's a variance and not a special use exception, I guess? Is that what you're
saying?
Mr. Helfman: That we just be straight permitted, as the other developers.
I Mayor Suarez: All right. Does any Commissioner have any...
Vice Mayor De Yurre: All right. I'd move it as such.
Commissioner Dawkins: Second.
Mayor Suarez: So moved as such. Seconded.
Mr. Jim McMaster: Excuse me.
Mayor Suarez: Any discussion? If not, please read the ordinance with the
modification.
Mr. McMaster: Can the public speak? Can the public speak?
Mayor Suarez: Jim McMasterl
Mr. McMaster: Yes, sir. Jim McMaster, 2940 Southwest 30th Court. It would
be impossible to limit this to the four empty parcels, so anyone, including
Ted Stahl, any of these buildings on Main Highway that are presently one- and
two -stories, anyone can come in wholesale and bulldoze half of the existing
Central Grove, and put up Mayfairs all over the place, and there is no way to
control it. I think this is a lousy idea, but since...
291 July 22, 1993
Mayor Suarez: You mean paying a huge amount of money into a fund, for the
lack of parking that would presumably allow us to build more parking, no?
Mr. McMaster: Well, we haven't found a site yet for the first parking garage.
I understand the neighbors around the...
Mayor Suarez: Well, the theoretical parking garage that Commissioner Dawkins
loves so much.
Mr. McMaster: Well, yeah, right. I think - I think around the Playhouse, 1t
will be a cold day in hell before that one goes up, and so I think we need to
find another site. I think, in the first place, SD-17, that's not a
pedestrian district. So the idea of having parking off site 1n SD-17 doesn't
make any sense. You should separate that out. Even though this is a lousy
idea, it's obvious where the Commission is going. So my suggestion would be
that by special exception, which are - you know, they're not very expensive,
they don't take much time. If we have it by special exception, the City will
be and the adjoining shopkeepers and land owners will be able to...
Mayor Suarez: What different rights do you have, as opposed to the way that
he's proposing it, Jim?
Mr. McMaster: Well, right now, you simply go down and pull a building permit.
If I own the corner of Main Highway and Grand, and I have two acres there, you
know, you eliminate the half an acre. What happens if I'm slightly over half
an acre? How do you - how legally can you stop me from coming in and
getting - enjoying the same privileges? How can you stop Ted Stahl from
tearing his building down and putting up a five -story building with no
parking?
Ms. Kearson: We need to add that in here, that we're referring to existing
vacant land, not property...
Mr. Rodriguez: As of the date...
Commissioner Dawkins: As of - thank you.
Mr. Rodriguez: As of the date of the ordinance.
Ms. Kearson: As of today, as of today's...
Mr. McMaster: Can that be done legally?
Unidentified Speaker: Sure.
Ms. Kearson: Yes.
Commissioner Alonso: Yes.
Mr. McMaster: OK. If it can be done legally, limit it, excluding SD-17,
limiting it to the four parcels as shown on this map in the SD-2, except for
there are a lot of them down at Grand and Douglas. Are we just referring to
the four parcels?
292 July 22, 1993
Mr. Helfman: Those are over a half acre.
Mr. McMaster: OK. So...
Mr. Helfman: They're under unified ownership, over a half acre.
Mr. McMaster: So referring to the four parcels that Mr. Helfman has drawn in,
sort of in the eastern part of downtown Grove, and it's limited to that?
Ms. Kearson: Yes.
Mr. McMaster: OK. Then we would not be in need for a special exception in
that case.
Mayor Suarez: OK.
Mr. McMaster: As long as that's included.
Mayor Suarez: Very good.
Vice Mayor De Yurre: So amended.
Mayor Suarez: With those understandings, and that's going to be built into
the ordinance.
Mr. Rodriguez: Right.
Ms. Kearson: Yes, it will.
Mayor Suarez: OK. Read the ordinance then. I'm sorry, I didn't see you
before, Jim, up at the mike.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 6, SECTION 602. SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, TO ADD AND CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW DEVELOPMENT OF
ONE-HALF (1/2) ACRE OR LESS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Was introduced by Vice Mayor De Yurre and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
293 July 22, 1993
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 Assistant City Attorney read the ordinance into the public record
and announced that copies were available to the members of the City Commission
and to the public.
Mr. McMaster: Thank you.
------------------------------------------------------------------------------
40.
DISCUSS AND CONTINUE
CONSIDERATION OF:
(A)
PROPOSED RESOLUTION TO CONSIDER POSSIBLE DESIGNATION OF THE
ACQUISITION OF PLANNING SERVICES FOR THE COCONUT GROVE PLANNING
STUDY AS A CATEGORY "B" PROJECT -- AUTHORIZE MANAGER TO ADVERTISE
FOR RFP, ETC.
(B)
PROPOSED RESOLUTION
TO RATIFY MOTION 93-211 AND TO AGREE, IN
PRINCIPLE, TO ENTER
INTO AGREEMENT WITH COCOANUT GROVE VILLAGE
COUNCIL FOR PREPARATION
OF COCONUT GROVE PLANNING STUDY.
(C)
PROPOSED FIRST READING ORDINANCE TO DECLARE A MORATORIUM ON
DEVELOPMENT ACTIVITY
IN THE COCONUT GROVE AREA, THEREBY SUSPENDING
ISSUANCE OF BUILDING
PERMITS, SPECIAL PERMITS, LAND USE AND ZONING
CHANGES.
------------------------------------------------------------------------------
Mayor Suarez: Now, from the issue of the parking situation in the Coconut
Grove commercial district arose, I thought, the idea of a study for a possible
moratorium on commercial development in the Coconut Grove business district.
And instead, I see now, the next item, I believe, describes all of Coconut
Grove, and proposes a study to have a moratorium on all of Coconut Grove? Is
that what you guys have ended up with as getting as the message from what this
Commission gave you, and this particular Commissioner, who was the only one at
the time that was particularly interested in this, I think? How did that
happen?
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, when this was
originally announced, you didn't clarify that you wanted a moratorium on the
commercial area, only. That came afterwards, with a memo that is included in
the package.
Mayor Suarez: You don't remember that the whole issue arose from a discussion
of the parking problem, and the parking ordinance, and the credits, and the
hypothetical, theoretical parking structure that Dawkins liked so much; and my
statement that I was ready to find already for myself, from my own
observation, that traffic in that area was extremely hazardous, and that
parking was almost nonexistent, and that all of that referred to the
294 July 22, 1993
commercial district of Coconut Grove; and that - I think Mr. Helfman raised
the objection that, you know, there were some people that had vacant stores,
or vacant buildings in that area that might want to put a little retail
facility... All of 1t had to do with commercial development. Now, somehow,
1t extends to - I think it extends all the way up to South Dixie and South
Miami Avenue, I think, as far as I can tell.
Mr. Joe McManus: Mr. Mayor, in an abundance of caution, on PZ-8, we have
included a moratorium for the entire Coconut Grove area on the basis that if
the Commission chooses to follow your leadership...
Mayor Suarez: Thanks.
Mr. McManus: ... and extend it and restrict it to the Village Center, that 1s
always possible. What - the converse is not possible. We can't start out
with a moratorium on the Village Center...
Mayor Suarez: Ah. So you figure, why don't...
Mr. McManus: ... and then expand it to the Grove...
Mayor Suarez: ... just do it more globally. Like the whole City, Southeast
United States, South Florida...
Mr. McManus: Because that would require - it would require further public...
Mayor Suarez: ... and we can always make an error. That's...
r
Mr. McManus: It would require further public notice.
Mayor Suarez: OK. I'm glad you guys are so helpful. You could have also
just asked me. I would have told you what I was thinking about. I don't know
where that puts us. I've made very clear what I meant for 1t to apply to. I
don't know how my colleagues feel, and I don't know what we do with this, if
you agree with me that this was only supposed to apply to commercial
properties in the business district of Coconut Grove. That's all I meant for
it to apply to.
(INAUDIBLE COMMENT)
Mayor Suarez: All right. I'll entertain a motion to that effect. How do we
put it into - as to the definition of the area we're talking about, folks?
And then we figure out exactly what we're doing, and who's paying for it, and
who's carrying it out, et cetera. Do you need that in the form of a motion?
Mr. Rodriguez: Are you addressing now item number 8, which is the moratorium,
or item 7, which is the planning study that precedes the moratorium?
Mayor Suarez: Are they related or are they not?
Mr. Rodriguez: You could make it related or not. It's up to you. I think it
would give more...
295 July 22, 1993
Mayor Suarez: I thought you told me last time that to have a moratorium, you
have to have a study.
Mr. Joel Maxwell (Assistant City Attorney): That is correct.
Mr. Rodriguez: I think it was - that will strengthen your position on the
moratorium, though.
Mayor Suarez: The City Attorney is nodding "yes," so apparently, you didn't
talk to him before the meeting today and get your ducks in order. I think the
two things are quite interrelated. At the appropriate time, remind me that we
want to define the area as the commercial district of Coconut Grove, whether
it's 7A, 8, or whatever. You have to decide that. We're not experts in that.
OK. What other items do we have to discuss in connection with all of this? I
see we've got high powered lawyers getting up. I presume Coconut Grove folks
want to speak to it, and future high powered lawyers want to address it too
there, Mr. Helfman, et cetera.
Commissioner Plummer: Mr. Mayor, if...
Mayor Suarez: Do we need to...
Commissioner Plummer: Mr. Mayor, before we hear...
Mayor Suarez: Do we need to swear anybody in here?
Commissioner Plummer: Before we hear all of these high priced lawyers, it's
ten minutes of 9:00, and we break at 9:00. Now, we've got pocket items as
you're - excuse me - emergency items...
Mayor Suarez: I think we have, hopefully - the item related to the roads,
what item is that?
(INAUDIBLE COMMENT)
Mr. Rodriguez: Silver Bluff.
Mayor Suarez: Silver Bluff, I'm sorry. Nine and 10, and maybe then our
emergency items, and then go home.
Commissioner Dawkins: No. Let's do emergency items now, and since we're not
moving, I will stay here to do the rest, but let's do them...
Mayor Suarez: All right, but...
Commissioner Dawkins: ....the emergency items, now.
Mayor Suarez: ... we're finishing in this thing here, OK. All right. Well,
we'll take up that battle then, right after this. I think these folks would
also like their item to be heard, but let's just see how we can get through
this. What is in dispute here? I mean, we want to do a study about the
possibility of a moratorium. What is wrong with that? Do we need to swear
everybody in on this? Is it a regular Planning and Zoning item? Everybody
has to be...
296 July 22, 1993
Mr. Walter Foeman (Assistant City Clerk): Yes, it is.
Mayor Suarez: Please swear them in.
AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: I'm sure you want us to do a study, do you not?
Mr. Robert H. Traurig: We have no objection to the study, Mr. Mayor.
Mayor Suarez: OK. What is your - what do you want to tell us, Bob?
Mr. Traurig: For the record, Robert H. Traurig, 1221 Brickell Avenue. We're
here on PZ-8. If you're talking about the study in 7A and 7B, those are
separate items. We don't have any - excuse me - any objection to having a
study made. We think it would be a wholesome exercise. But we certainly
oppose the moratorium.
Mayor Suarez: Oh, I see. The implication of what we said until now is that
while the study is being done, we could impose a moratorium. And we could
legally do that?
Mr. Maxwell: Yes, sir. The moratorium - the study is an integral part of the
moratorium itself.
Mayor Suarez: I guess the moratorium goes with the study. It's kind of like
a TRO or something, temporary restraining order type.
Commissioner Plummer: Well, may I ask, 1s it possible that we could have a
moratorium, only if someone wanted to do something, they would have to come
before this board to get approval, rather than an absolute moratorium?
Mayor Suarez: How about the idea as the Commissioner is proposing -
Commissioner Plummer - that we want to have a sort of item by item - kind of
like you do in the pollution situation, you know, not degradation decision or
something - review of any new development?
Mr. Maxwell: Basically, what you're proposing is that a special exception -
is a special exception hearing for all permits. But what you're doing here is
proposing a moratorium on all building permits, all zoning activities...
Mayor Suarez: That's not the question. The question is, suppose we wanted to
impose a moratorium, in the sense that we wanted to have item by item review
by this Commission during the time that we study the area. Can that be done
legally; and if so, how would it be done?
Mr. Maxwell: Well, you can do it, but you'd have to - you'd have to establish
the criteria for each one. So what you're basically saying, as I pointed out
before, is the same thing as the special exception. What you're saying is,
you can't do anything without a special exception hearing. You could do that.
Mayor Suarez: You could do that and...
297 July 22, 1993
Mr. Maxwell: But it would be extremely cumbersome.
Mayor Suarez: Yeah. The problem, Commissioner Plummer, is that we can't just
say we're going to look at each one and not specify what criteria we're going
to apply, because then it fails, for lack of a rational basis, I guess.
Vice Mayor De Yurre: Well, how much time are we talking about for the study?
How long is the study going to take?
Commissioner Plummer: Eighteen months, it says.
Mr. Maxwell: Eighteen months is the time set out in the ordinance.
Vice Mayor De Yurre: Eighteen months?
Commissioner Alonso: That's a long time.
Vice Mayor De Yurre: Don't count with me for a moratorium.
Mr. Maxwell: Well, let me clarify that. The study itself shouldn't take that
long. The moratorium now as proposed is for 18 months, and that date was set
so that you can implement the study, once the study was completed. So the
study may take 12 months, and you'd have six months to implement.
Vice Mayor De Yurre: I think that at least, there has to be a window for
those that are already doing their plans and things to - and particularly when
we have this sewer situation, that everything is frozen, you know, where 1s
that going to go? I think that it's creating a burden on a number of
businesses. Cocowalk, for example, comes to mind right away. My
understanding 1s they're planning their phase two pretty soon.
Mayor Suarez: I guess what he's saying is we have a virtual moratorium by
virtue - because of the problems with the sewer permits. Do you not, in
effect, sort of dovetail one into the other by having an 18-month study, and
ultimately, paralyze all development, even that which has been approved`
already and is only missing a sewer allocation?
Mr. Rodriguez: In a way...
Mayor Suarez: Mr. Steiner, maybe you're one of...
Mr. Rodriguez: In a way, at present, since the latest information that we
have been receiving from the - Dade County, we do have a moratorium throughout
the whole area, I guess you know, and it's...
Mayor Suarez: We have a de facto moratorium.
Mr. Rodriguez: It's very difficult to - as compared to a few weeks ago - very
difficult to get permits for individual projects, unless they have in that
particular area a capacity to approve the plans.
Mayor Suarez: Sewer allocations, I think, are being given with a March 1994
date, last
298 July 22, 1993
Mr. Yaromir Steiner: Yaromir...
Vice Mayor De Yurre: Maybe we should go ahead with the study for the...
Mr. Steiner: Yaromir Steiner, 2901 South Bayshore Drive, president of the
Coconut Grove Chamber of Commerce. Mayor and Commissioners, there's one item
on which we all agree. Our community, Coconut Grove needs a planning study,
in order to address some of the issues who go beyond just the traffic. Our
waterfront use, our pipe system, the beautification of our streets, the crime
issues, and land use issues are all part of that. What we suggest, the
Chamber's position is, please, I mean, we have been waiting for this vote now
for three meetings. Give us the authorization to proceed with the planning -
you know, to your department - with the planning study, and with an advisory
group who will be designated by you, who can be picked from the group who has
already been designated by the Village Council, who is their representative,
and let's go ahead with the study. In our estimate of our group, the planner
will not be able to be picked before the beginning of next year, by - between
that RFQ (Request for Qualifications) and RFP (Request for Proposals), and so
forth. And if this...
Mayor Suarez: What won't be able to be picked?
Mr. Steiner: The planner.
Mayor Suarez: The planner to do the study?
Mr. Steiner: Right.
Mayor Suarez: Oh. I was thinking we can do that tonight.
Mr. Steiner: I don't - well, I...
Mayor Suarez: Who said anything about any RFQ or RFP, or anything? Maybe our
staff could do the study, for one thing.
Mr. Steiner: Well, we have organized the...
Mayor Suarez: And if not, we can go under - I think we have an ordinance that
allows us to get professional consultants up to what, $50,000, without going
to competitive bid?
Mr. Maxwell:. Competitive negotiations, you'd use that.
Mayor Suarez: Negotiated bid.
Mr. Steiner: Mayor...
Mayor Suarez: Please, don't give us any deadline, any timetables like that...
Mr. Steiner: No, no, no. What...
Mayor Suarez: ... because that just clouds the issue. You've got -
Commissioner De - the Vice Mayor has already indicated there's a virtual
299 July 22, 1993
moratorium, and that's what the Planning director has stated. What we need to
do here is consider whether we ought to have a moratorium at all, I guess, and
instead, just proceed to a planning study as quickly as possible.
Mr. Steiner: Mayor, Mayor, based on the vote this Commission took, the
Village Council organized with a group of citizens, a group, in order to
decide the feasibility of the study. We put a group together of professionals
who are used to doing these RFPs. We put schedules together, start writing
RFQs, to be submitted to your Planning Department and so forth. That's what I
was referring to. Certainly, you can pick someone tonight and not take that
in account at all. But the point I was making is, while we are doing this, it
will be much easier to determine how long of a moratorium and what area is
should cover at that time.
Commissioner Plummer: I don't know what the hell we need a moratorium for,
with the sewers the way they are.
Mayor Suarez: I recede from my prior statement about a moratorium. I think
It's just going to create more problems and more lawsuits, and more hassles.
I think what we do need, though, is a planning study, and I think we need it
very quickly...
Commissioner Alonso: Yes.
Mayor Suarez: ... looking to put stringent requirements on any new
development; certainly commercial development, and certainly in the Coconut
Grove business district. And for that purpose, what do we need? Are you
recommending that - I mean, I've heard figures of $100,000 being thrown
around. I've heard that Coconut Grove Village Council...
Commissioner Alonso: That was the decision that we took the first day.
Mayor Suarez: I thought the - but I don't know where - how we ended up in all
of that. The Village Council wanted to be the moving force behind this.
Commissioner Alonso: Yes.
Mayor Suarez: The City of Miami - how did we get into all of that? That's...
Mr. McManus: Mr. Mayor, what we've given you is two versions. We've given
you 7A and 7B. 7A is the usual City procedure, sending out for the RFQ,
providing committees to establish - there's a certification committee, a
consultant selection committee - coming back to you with - for approval of the
contract.
Mayor Suarez: This is just to select a consultant to advise the City on
something that...
Mr. McManus: Not - this is Coconut Grove.
Mayor Suarez: ... I thought we had a whole department that does all the time.
Mr. McManus: OK. In 7B, Mr. Mayor, is - reverts to something that was first
presented to you last - in May, and that takes the - works out a contract with
the Coconut Grove Village Council...
300 July 22, 1993
Commissioner Plummer: That, I won't go for.
Mr. McManus: ... has the Village Council review the Request for - the scope
of services as the Village Council and their committees send out the RFQ, as
the Village Council and their committees select a consultant and basically
monitor the study. But in both instances, 7A and 7B, the City maintains
control of funds.
Mayor Suarez: All right.
Commissioner Alonso: But I don't know why this issue has become so
complicated. About a month ago, we all agreed in giving the hundred thousand
dollars. The City was going to maintain control of the funding...
Commissioner Plummer: Correct.
Commissioner Alonso: ... and the Village Council was going to select the
members. We all agreed.
Commissioner Plummer: Negative.
Commissioner Alonso: Commissioner, we wanted them to have a voice, and I
thought that it was a complete agreement In this Commission. Then all of the
sudden, everything changed. We came back, we didn't understand what was
happening, it was a nightmare, and it has been since then. I don't even know
why we have "A" and "B" anymore. I look at this and I just don't know what's
going on.
MR. RODRIGUEZ: If I may explain.
Commissioner Plummer: I - let me - I totally concur with the first part...
Commissioner Alonso: Why do we complicate this so all the people...
Commissioner Plummer: ... where the City would control and maintain control
of the hundred thousand dollars.
Commissioner Alonso: They agree with that. They want a voice.
Commissioner Plummer: Where I disagree with your comments is in reference to
the Village Council naming the committee. I surely feel that they have the
right to proffer names, and this Commission can choose, if we wish, from that
list, or we don't.
(INAUDIBLE COMMENT)
Commissioner Plummer: I think that we spoke before that each Commissioner
would appoint three people, and that would be the Committee, which, in fact,
would be the ones that would be the committee to implement and to go through
the study.
Mayor Suarez: Let me just clarify that. We're talking about a committee that
is going to select the consultant to do a planning study?
301 July 22, 1993
Commissioner Plummer: No, no.
Commissioner Alonso: No.
Mayor Suarez: What committee are you talking about?
Commissioner Plummer: The committee for the planning, for the hearings, for
everything that would be done in reference to bringing...
Mayor Suarez: I thought we were that committee. I thought the consultant
would recommend to us.
Commissioner Alonso: There were names suggested...
Commissioner Plummer: But the consultant can recommend to us, but the ones
that would go through...
Mayor Suarez: Maybe he can clarify, because he's - half the time, he's
shaking his head, and the other half of the time, he's going like that, and
all the time, I can't see his eyes, anyhow.
Commissioner Alonso: It's so confusing, we don't know anymore.
Mr. Rodriguez: I cannot see you, either, because I have my pupils dilated
So...
Mayor Suarez: Ahh, the old "pupil dilated" trick, before the hot issue comes
before the Commission.
Mr. Rodriguez: If you remember, there have been some changes in the
Commission's approach to this since March, and part of the problem at this
point is that if you go with one approach, which is 7B, you give the money to
the Village Council...
Mayor Suarez: OK.
Mr. Rodriguez: ... and we keep control of the, funds.
Commissioner Alonso: No!
Mayor Suarez: All right. Let's do this, let's do this. Wait a minute, wait
a minute.
Mr. Rodriguez: If we go with the other approach - let me try...
Mayor Suarez: Sergio, Sergio, we want to do a planning study.
Mr. Rodriguez: Right.
Mayor Suarez: Let's assume that my view doesn't prevail, that it doesn't
require any outside spending. Let's assume we're going to spend a hundred
thousand dollars.
302 July 22, 1993
Mr. Rodriguez: OK.
Mayor Suarez: I don't know why, but let's assume that, because apparently,
that's the consensus up here, and you obviously are pretty excited about
spending a hundred thousand, so...
Mr. Rodriguez: No, I'm not. I'm trying to agree with what you're saying.
Mayor Suarez: All right.
Mr. Rodriguez: I understand what you're saying. That's what I'm saying.
Mayor Suarez: OK. Let's assume all of that.
Mr. Rodriguez: You don't see my eyes. Let me remove my...
Mayor Suarez: And let's assume that we want the input of the Village Council
as to that whole process.
Commissioner Plummer: They should have.
Mayor Suarez: Right.
Commissioner Plummer: Very definitely. But not control.
Mayor Suarez: How - what is the simplest thing we could do tonight to get the
study going quickly, with their input, and with the hundred thousand dollars?
Mr. Rodriguez: Select item PZ-7A...
Mayor Suarez: Mm-hmn.
Mr. Rodriguez: ... and then you give three names, each one of you...
Commissioner Alonso: 7A?
Mr. Rodriguez: For the selection committee that will request that we
approve...
Commissioner Plummer: That's...
Mr. Rodriguez: ... the consultant, after we interview different consultants.
Commissioner Alonso: Look at this.
Mayor Suarez: OK. Denise or someone, why don't you tell us why you don't
like that proposal.
Mr. Rick Ruiz: You know, one thing I'd like to say. I do not live in Coconut
Grove.
Mayor Suarez: Well, let me just consult the Coconut Grove Village Council for
a second.
303 July 22, 1993
Mr. Ruiz: But the issue...
Mayor Suarez: And we'll hear you out.
Mr. Ruiz: I hope so.
Mayor Suarez: We'll hear you out, just like we hear learned counsel...
Mr. Ruiz: I hope so.
Commissioner Alonso: They have the moratorium.
Commissioner Plummer: Oh, yeah.
Commissioner Alonso: But in 9," they don't.
Mayor Suarez: ... but let me see from our council that was duly elected after
a lot of effort.
Ms. Denise Wallace: Thank you. My name is Denise Wallace. I'm here as
acting chair of the Coconut Grove Planning Study Committee, which has put
before you...
Mayor Suarez: Did you pull some kind of a coups d'etat or something with
Mary, or what happened there?
Ms. Wallace: Mary is the chair of the Village Council. I'm here as acting
chair of the Planning Study Committee, which has put before you...
Mayor Suarez: Oh. You have a planning study committee within the Village
Council. All right.
Ms. Wallace: No, it's not within the Village Council.
Mayor Suarez: Oh.
Ms. Wallace: But it was selected by the Village Council, and members of the
City Commission have appointed persons to that committee, so it comprises
those people - some of those three names that the City Commission has
appointed, as well as members from Coconut Grove at large.
Mayor Suarez: We've already appointed a planning committee for all of this.
Ms. Wallace: You've - well, there was a planning committee...
Commissioner Plummer: No.
Ms. Wallace: ... that was comprised from the Village Council that put before
you the resolution, which, for simplicity sake, is Plan B.
Commissioner Plummer: We did not select that.
Ms. Wallace: And we requested that the City Commission...
304 July 22, 1993
WA
Mayor Suarez: Oh, I see. There's sort of a pre -selection situation. I've
seen that. I remember that with the Bayfront Park Management Trust.
Commissioner Plummer: No, they're self-annointed.
Mayor Suarez: Remember that?
Commissioner Plummer: Self-annointed.
Mayor Suarez: The old - we've seen those.
Ms. Wallace: We requested that the City Commission - because we wanted this
to be a joint effort, and we wanted to show that we're all working towards the
betterment of Coconut Grove - we requested that if there were any members or
any persons that the City Commissioners would like to be appointed or placed
on this commission - this committee - to submit those names. This is not a
very selective process. Everyone who says that they want to be a part of
it...
Mayor Suarez: Well, my answer to that was members of the Village Council are
fine. I mean, I have no problem with that.
Ms. Wallace: Well, I believe Commissioner Dawkins appointed someone, and his
input has been well received.
Mayor Suarez: All right.
Ms. Wallace: We were waiting for appointments from Commissioner Alonso, from
Commissioner Plummer, from yourself and Commissioner De Yurre.
Mayor Suarez: No, no. My answer was, Mary can select.three or whoever. I
mean, people from...
Commissioner Alonso: Yeah. I also said that I had no preference, if they
have a name.
Ms. Wallace: Well, we wanted to have the Commissioners' input, so that's why
we were asking.
Mayor Suarez: My input would have been that people who were voted into that
council.
Commissioner Plummer: Well, as long as, for example, with myself, that I have
the right to name three people to that committee, bound by the fact that they
live in Coconut Grove, then I find nothing of a problem. But I don't want to
be bound by the names that I am proffered with. So all I'm saying...
Mayor Suarez: All right. How do we get out of this quandary? What does the
Commission want to do for the appointment of these people, given that
apparently, everybody agrees?
Commissioner Alonso: Give him the three names.
305 July 22, 1993
Commissioner Plummer: But, Mr. Mayor, you said you have no problem picking
from that list.
Mayor Suarez: That's right.
Commissioner Plummer: I may or may not. I want the freedom to appoint three
people who I feel would best represent -my interest...
Commissioner Alonso: All right.
Commissioner Plummer: ... as far as my thinking.
Ms. Wallace: Commissioner Plummer, do you have those names tonight? Because
we would gladly incorporate them into this committee right now.
Commissioner Plummer: No, but I'll be happy to give them to you in the next
two or three days.
Mayor Suarez: How is that? You've got a promise of getting them in the next
two or three days.
Ms. Wallace: Thank you.
Mayor Suarez: I'm sure they'll be community activists. I'm sure they'll have
the best interest of the Coconut Grove in mind. I mean, you can't...
Ms. Wallace: And they must be residents of Coconut Grove. That's the only
criteria.
Mayor Suarez: He said that already.
Ms. Wallace: OK.
Commissioner Plummer: Without question.
Ms. Wallace: So that's why we're here. I don't understand, and I agree with
you, Commissioner Alonso, I don't know why there are two plans before you.
We're here for Plan B.
Mayor Suarez: OK. Which of the two is now mirroring what we're saying, the
way we would like for this to happen?
Commissioner Plummer: "B."
Commissioner Alonso: "B."
Ms. Wallace: "B."
Commissioner Plummer: "B," as in "boy."
Mayor Suarez: All right. I'll entertain a motion, then, on "B."
Commissioner Alonso: I so move.
306 July 22, 1993
Commissioner Plummer: Now, how do we go - in 9," how do we go about the
selection of the consultant? Are we going to use a consultant, number one?
And if so...
Mayor Suarez: I guess the consensus is we need a consultant.
Commissioner Plummer: ... how is the Commission going to go about selecting
the consultant? And once we've selected a consultant, how are we going to set
the parameters of what his study will be inclusive of?
Ms. Wallace: The RFQ, I believe, will set those parameters of what the study
will be inclusive of, and if you would like for us to...
Commissioner Plummer: We have not approved the RFQ.
Ms. Wallace: Excuse me?
Commissioner Plummer: We have not approved the RFQ.
Ms. Wallace: We understand that, because we have not presented it to you for
approval. That is correct.
Commissioner Plummer: OK.
Ms. Wallace: And once that 1s presented to you for approval, that's when the
Commission's input, as well as the rest of the residents of Coconut Grove will
have their input.
Commissioner Plummer: Ultimately...
Ms. Wallace: And we will welcome that input, and we want to work together
towards making sure that this is reflective, not only of the wishes and
desires of the City Commission, but also the wishes and desires of the
residents of Coconut Grove, as well as the business community of Coconut
Grove.
Commissioner Plummer: Fine.
Commissioner Alonso: We've been saying the same thing for the longest time,
and we were not listening to each other. We've been saying, Commission after
Commission, only to get these minor details, and we could have done this a
month ago. We were talking about exactly the same thing from day one. This
is amazing.
Mayor Suarez: Before you leave tonight, assuming this passes, please get with
my chief of staff, you and Mary, and give us the three names that you would
like on the committee for my three appointments, OK? So at least, you get
those three out of the way, and the other ones as quickly as possibly
appointed.
Ms. Wallace: Mayor Suarez, I believe you're to give us your three names; not
the other way around.
Commissioner Plummer: Well, ask - the question has been asked...
307 July 22, 1993
Mayor Suarez: All right. If you don't want the ones from the council, then
I'll come up - Mr. McMaster, you select three for me. Al right. Next
person.
Commissioner Alonso: Do you need that we give you three names?
Commissioner Plummer: Wait a minute, wait a minute.
Mayor Suarez: I trust McMaster to care about the interest of the Grove.
Commissioner Alonso: Don't get an excessive number of people in that group.
Ms. Wallace: Maybe for simplicity...
Commissioner Plummer: Mr. Mayor...
Ms. Wallace: Commissioner Alonso, maybe for simplicity sake, may I just read
to you the proposed members of this committee?
Commissioner Alonso: Please.
Ms. Wallace: We have Sergio Rodriguez, John Jackson, Margo Ammidown, Mike
Samuels, Bob Fitzsimmons, Yaromir Steiner, Nancy Benovaich, Esther Mae
Armbrister, Jimmy McMaster, Denise Wallace, Richard Curry, Karen Lobo,
Elizabeth Gydon, Pan Courtelis, Lou Weschler, Ron Nelson, Tucker Gibbs, James
Scott, John Riordan, and Hank Kline. If those - if you would like to submit
any other names, please, I ask you to give them to us, and we will include
them and ask them too.
Mayor Suarez: Any three of those are fine for my three appointments.
Commissioner Alonso: You don't need any more members, really.
Mayor Suarez: Can't be any more open-minded than that.
Commissioner Plummer: Is the number of the committee 15? Is that what it's
going to be, or is it going to be unlimited?
Ms. Wallace: Well, that's something, Commissioner Plummer, I would be glad to
meet with you and decide on, a definitive number.
Mayor Suarez: No, no, no. Let's decide tonight.
Commissioner Alonso: Please, tonight.
Commissioner Plummer: Yeah, let's decide it. Let's decide it now.
Mayor Suarez: Fifteen sounds like a good number, Commissioner. Why don't we
Just take the 15?
Ms. Wallace: Fifteen sounds like a good number. If that's not...
Commissioner Alonso: Move as presented to us, please.
308 July 22, 1993
Mayor Suarez: All right. So moved, as presented to us.
Commissioner Plummer: OK. So that would...
Ms. Wallace: OK. Fifteen members will comprise this committee.
Commissioner Plummer: OK.
Mayor Suarez: Does that include 15 on...
Commissioner Alonso: Yes.
Mayor Suarez: OK, as presented to us.
Commissioner Alonso: Yes.
Commissioner Plummer: Three from each. Three from each Commissioner.
Mayor Suarez: All right. So moved.
Commissioner Alonso: On top of that?
Commissioner Dawkins: Wait a minute, hold it a minute.
Commissioner Alonso: No, no, no.
Commissioner Dawkins: Hold it, hold it, hold it.
Commissioner Plummer: No, not on top of that.
Commissioner Alonso: No.
Commissioner Plummer: My God, that's unwieldy.
Commissioner Dawkins: You said 15 members. She just read off a list. Now
Commissioner Plummer says three from each Commissioner. We aren't going back
and undo this.
Commissioner Alonso: Not me. I'm satisfied.
Commissioner Dawkins: Let's don't go back and undo this.
Commissioner Alonso: So...
Mr. Maxwell: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, I...
Mr. Maxwell: Mr. Mayor...
Commissioner Alonso: Please.
Commissioner Plummer: But I'm not bound by the list.
309 July 2.2, 1993
Mayor Suarez: The City Attorney is going to now clarify everything. Yes.
Mr. Maxwell: The City Attorney has a question, sir, and so does...
Commissioner Alonso: Yes, let me say something.
Commissioner Plummer: We - we are...
Commissioner Alonso: Let's give Commissioner Plummer his three
appointments...
Mayor Suarez: Please, thank you, thank you, all right.
Commissioner Alonso: ... and let's keep moving to the next thing.
Mayor Suarez: So you've got...
Vice Mayor De Yurre: Mr. Mayor, Mr. Mayor...
Commissioner Plummer: I got it.
Commissioner Alonso: Yeah. That's...
Vice Mayor De Yurre: We'll do it the following way. We have 15 names, OK?
If, by Tuesday, some - any of us have submitted three, then they pick the
balance from the list. If we pick six, we name six, they pick nine. If we
pick nine, they pick six. Then that's it. If we pick 15, they pick none.
Commissioner Plummer: Fine with me.
Vice Mayor De Yurre: And that's the end of that.
Commissioner Alonso: Sure. OK.
Mayor Suarez: All right. I won't pick any, other than the ones on the list.
So you've got an extra - possibly an extra nine there to pick out. All right.
Commissioner Alonso: Please.
Mr. Maxwell: No. I...
Commissioner Alonso: With that modification, we have a motion on the item...
Commissioner Alonso: Yes.
Mayor Suarez: ... which is...
Mr. Maxwell: Mr. Mayor, we need clarification here. Do you - 7B, which is
a...
Mr. Ruiz: Mr. Mayor, I'd still like to talk on the item.
Mr. Maxwell: ... 7B...
310 July 22, 1993
Mayor Suarez: We're going to let you talk) We're going to put the motion on
the floor so we know what we're talking about, and then we'll see what
possibly you could have of interest on this. I am sure there's something.
Yes.
Mr. Maxwell: 7B, which is the resolution that you seem to be leaning toward
at this time, authorizes an agreement with the Coconut Grove Village Council.
I'm a little in the fog as to where this committee came from, and how we work
it into the resolution now here.
Mayor Suarez: Well, Commissioner Alonso seemed to understand that 7B did
precisely what we were trying to do. If it isn't 7B, please put it into
words...
Commissioner Alonso: Yes. What we need is a committee they will select. It
will come for approval for the selection of whoever is going to do the study.
Vice Mayor De Yurre: Well, this...
Commissioner Alonso: And it will come to this Commission for approval.
Commissioner Plummer: But it has nothing to do with the Village Council as
such.
Commissioner Alonso: This committee, Commissioner, is the one...
Commissioner Plummer: The committee, yeah, but not the Village Council.
Commissioner Alonso: No, the Committee. And the City of Miami will be in
charge of the funds.
Mr. Maxwell: That's not 7B.
Commissioner Alonso: So.
Mayor Suarez: All right. Modification of 7B. We'll call it 7B.6.
Commissioner Alonso: Weil, listen to what we have said, and apply it, and
that's exactly what we want. We want the City of Miami in charge of the
funding. They agree with us. We want this committee, which list they just
read on the record, plus if any Commissioner would like to appoint three new
members, they will accept this as well. I, for my vote, I don't need any more
people in that committee, so I'm satisfied. It seems that Commissioner
Plummer would like to appoint three members. If any other members of the
Commission decides to appoint three members, fine.
Mayor Suarez: I will not appoint any other than your 15, so I'm set with
those.
Commissioner Alonso: Exactly. So what else you need clarification on? What
else? Ask a specific question.
Mr. Maxwell: No. What you're proposing...
311 July 22, 1993
Commissioner Plummer: For clarification, there's no agreement between this
Commission and the Village Council.
Mr. Maxwell: Excuse me?
Commissioner Alonso: What?
Commissioner Plummer: There is no agreement between this Commission and the
Village Council.
Mayor Suarez: As an entity?
Commissioner Plummer: As an entity.
Mayor Suarez: All right. Please, Mr. City Attorney, given the kind of form,
it doesn't sound like we've agreed with the Village Council. We've agreed
with the people of Coconut Grove.
Commissioner Alonso: With the people of Coconut Grove.
Mayor Suarez: All right.
Ms. Wallace: It says, "in principle," so we can - we're very...
Commissioner Alonso: All right.
Mayor Suarez: But he doesn't want the Village Council as an entity, because
he's doubting...
Ms. Wallace: Not even in principle?
Mr. Maxwell: Sounds to me...
Mayor Suarez: ... for reasons we have heard about the viability of the
council in its regular functioning, et cetera.
Commissioner Alonso: Anything else?
Mr. Maxwell: Apparently, what you've done is, you've really made a hybrid of
7A.
Commissioner Alonso: Oh, please don't, no.
Mr. Maxwell: What's happened is, instead of having the committee that is set
forth in 7A, you've substituted a committee, and that committee will use all
the procedures set forth in 7A. I think that it will accomplish what you're
talking about.
Mayor Suarez: We're going with the hybrid. OK?
Mr. Maxwell: Yes.
312 July 22, 1993
Mayor Suarez: Anything further? Sir, you wanted to make a statement about
that. Apparently you had a problem with it.
Mr. Ruiz: Again, the problem is not the planning...
Mayor Suarez: Give us a name and everything, sir, and if you...
Mr. Ruiz: My name is Ricardo Ruiz, 3150 Southwest 15th...
Mayor Suarez: Ricardo, if you like the Idea, please just say so, and let us
get on with our agenda.
Mr. Ruiz: No, no. What I want to get clear is the money. If we're talking
about a hundred - one time, we were talking about $100,000 that they were
going to spend on the study. If it was coming out of the general fund, I have
a problem with it. If they're going to - if It's coming out of the parking
revenues that they're going to be taking from the business district, I don't
have a problem with it.
Mayor Suarez: Has that been...
Mr. Ruiz: But if it's coming...
Mayor Suarez: Good question. Has that been clarified, where the hundred
thousand will come from?
Mr. Rodriguez: It's coming from general fund, special programs and accounts.
Mayor Suarez: All right.
Mr. Ruiz: Hey, then I have a problem with it.
Mayor Suarez: OK. State your problem, and we may choose to ignore your...
Mr. Ruiz: Right now - and the problem is simple, simple. We're all citizens
of City of Miami. First, I'm not being Included, and it's coming out of my
tax dollars too. I'm not being included in any participation in their study,
as a noncitizen of Coconut Grove. And second, I've been in various meetings
of the different parks in our area, and the need that we have for playgrounds,
safe playground equipment in our parks, we don't have a dime for our parks,
and we're going to give them $100,000 to do a study! Pleasel
Commissioner Alonso: Let me say something for the record, please.
Commissioner Plummer: Sir, we're not...
Commissioner Alonso: They have a problem with traffic...
Mr. Ruiz: Could I tell...
Commissioner Alonso: ... serious problem in the Grove.
Mr. Ruiz: OK.
313 July 22, 1993
Commissioner Alonso: So we have to address this issue.
Mr. Ruiz: Yes, I do...
Commissioner Alonso: They have a serious problem.
Mr. Ruiz: Could I tell you what the serious problem is? My profession - I am
a planner and a zoning consultant, and I've had - and I've lived in the City
all my life. And, in fact, I was involved with Coconut Grove in doing the
studies that were involved with their Cocowalk. And I saw studies that were
done with traffic situations for the entire area. There are studies that are
right now sitting in your offices that have all these things looked at. There
are studies that are already there that could be looked at. Now, if we want
to spend $100,000 and blow $100,000 that our parks need, that our children
need in giving them a study of something that's already there in the books,
that all they have to do is review it to find out where the quirks and the
nicks are - and your staff is qualified to do that work - and we're going to -
and they're not sure about the $100,000, it could be even more. Again, we're
talking to a situation...
Mayor Suarez: OK. You know, if we talked about it long enough, I have a
feeling you and I would agree, but not necessarily the rest of the Commission.
Mr. Ruiz: Well, you know...
Mayor Suarez: The problem is, as a practical matter, we have a community that
has talked session, that feels that they're contributing an incredible amount
of money...
Commissioner Alonso: They are.
Mayor Suarez: ... for the amount of services that they get back in return,
and they're asking for what is really...
Mr. Ruiz: We don't?
Mayor Suarez: Wait a minute. They're asking for what is really - no, no.
Every other area of the City would not show the same flow of tax contributions
out, you know, much higher than what they get in return. I don't think that
it would. And...
Commissioner Alonso: Mr. Mayor, and not only that, they do have a serious
problem.
Mayor Suarez: And, of course, this is a serious problem.
Commissioner Alonso: It isl
Mayor Suarez: And it's a fairly modest request. I understand what you're
saying though, as a matter of priorities.
Mr. Ruiz: Again...
314 July 22, 1993
Mayor Suarez:
do?
We could argue that there are other priorities. What can you
Commissioner Alonso: But let me tell you something.
Mr. Ruiz: Our priorities are not taken into...
Commissioner Alonso: If you,have a specific request...
Mr. Ruiz: Yes.
Commissioner Alonso: ... for items related to a specific park...
Mr. Ruiz: Right.
Commissioner Alonso: I think you should bring that to us with...
Mr. Ruiz: We have already. We have already. We've met with Al Ruder, we've
met with - they've been meeting with us. They te11 us ail the time, they
don't got a dime...
Commissioner Alonso: All right.
Mr. Ruiz: ... for any of our parks.
Mayor Suarez: I don't know why they say that to you, because we just spent
over $8,000,000 in parks.
Commissioner Alonso: Let's do this. Bring the item to my office tomorrow.
I'd like to take a look and discuss this with Mr. Ruder, and then we'll see if
it has possibilities.
Mr. Ruiz: Thank you.
Mayor Suarez: All right. Your comments are otherwise noted.
Commissioner Alonso: We cannot address something that we don't know what is
it.
Mayor Suarez: Mr. Traurig... you presumably support this, ma'am, or not?
Ms. Jane Ross Scott: I would like to address the Commission, if I may.
Mayor Suarez: Well, please.
Ms. Scott: Yes.
Mayor Suarez: I'm losing my - I'm losing my quorum here, ma'am.
Commissioner Alonso: Oh, please.
Mayor Suarez: Are you in support of what we're about to do, or not?
315 July 22, 1993
Commissioner Dawkins: Now, it's 9:15, and we're supposed to leave at 9:00
o'clock. I don't know why you keep prolonging this.
Ms. Scott: My name is Jane Ross Scott, and I'm a resident, a citizen of
Coconut Grove.
Mayor Suarez: Are you in support of the motion before us, or not?
Ms. Scott: I am not in support...
Mayor Suarez: OK.
Ms. Scott: ... of a planning study that is not controlled by the Village
Council. And I would like to...
Mayor Suarez: OK. I think that the ultimate membership of this board will
reflect a lot of input, 1f not absolute control by the Village Council.
Ms. Scott: I would like to read a statement...
Mayor Suarez: That's the best you're going to do tonight.
Ms. Scott: I would like to read a statement into the record by a fellow
resident, citizen and friend of mine, Pan Courtetis, who was called out of
town and cannot be here tonight. I would beg your Indulgence for two minutes.
This is quite important.
Mayor Suarez: We got the letter from Mr. Courtetis. We know what he says.
Commissioner Alonso: We have his facts.
Ms. Scott: It is very important that it be read into the public record and
shared with the people and the media.
Mayor Suarez: It's ordered into the public record.
Ms. Scott: The first...
Mayor Suarez: I plead with you not to read it, Ms. Scott.
Ms. Scott: Because it - because it elucidates exactly how much the residents
of Coconut Grove pay in ad valorem...
Mayor Suarez: It will not elucidate anything. It will make us impatient.
Ms. Scott: You can't be any more impatient than you are now with me, sir.
Mayor Suarez: Well, oh, yes, I can be.
going to really be impatient.
Commissioner Plummer: O000h.
If you read this whole thing, I'm
Ms. Scott: How about if I edit it down and read the pertinent parts?
316 July 22, 1993
Mayor Suarez: If you must.
Ms. Scott: Thank you, sir.
Mayor Suarez: But apparently, you don't see where you got momentum on your
side, ma'am.
Ms. Scott: The Village Council method would provide for a Village Council
appointed group, presently comprised of over 18 people from all walks of life
in Coconut Grove to be involved in the selection and later planning process
along with the City Planning staff. Of course, the City would have a final
say in the planner and plans submitted by the council, so the City is not
giving up its power or authority. The purpose of this memo is to express my
strongest opposition to the City's method and my strongest endorsement of the
Village Council method. These two methods could be paraphrased more
appropriately as the City method, "We don't trust the Grove people," as
opposed to the Village Council method, "We trust the Grove people." The
voters of Coconut Grove represent the residents, and according to the Dade
County Tax Collection Department, the residents of Coconut Grove, as defined
by the NET (Neighborhood Enhancement Team) area, account for approximately
$11,000,000,000 (eleven billion dollars) in appraised real estate value, while
the commercial property amounts to approximately 3,000,000,000 (three billion)
in appraised real estate value. Therefore, the residents of Coconut Grove pay
the freight when it comes to the City ad valorem tax contributions. Those
people, those residents that pay the freight are democratically represented by
their elected Village Council. Over 37 percent of Grove residents voted in
that election, which is more than any previous City election for that area.
It is clear that the Coconut Grove Chamber of Commerce does not represent the
people who pay the freight, and it is clear that the City of Miami, if it had
been able to plan and enforce its Code enforcement for the community of
Coconut Grove, we would not be facing the incredible problems that we are
facing today. We're asking you to do the right thing; to vote for the Village
Council method, and not the City method. Send a positive message of trust to
your constituents. Work with the council and the residents of Coconut Grove.
Thank you very much for your indulgence, sir.
Mayor Suarez: All of that is obsolete, because we've put together a hybrid
proposal. Yes, Mr. Traurig?
Mr. Traurig: Mr. Mayor, as I said at the very beginning, we do support a
study. I would like to ask you about the geographic limits of the study. You
started out this evening...
Mayor Suarez: Yes.
Mr. Traurig: ...saying that it should be defined.
Mayor Suarez: I have to - I want to build into the motion that it has to do
with the commercial district of Coconut Grove, the business district.
Mr. Maxwell: Coconut Grove business center.
Commissioner Plummer: You're going to make the moratorium in the commercial
district?
317 July 22, 1993
Commissioner Alonso: No, we're not talking about a moratorium.
Commissioner Dawkins: It's not a moratorium. It's a study.
Commissioner Alonso: We're talking about the study.
Mayor Suarez: The study.
Commissioner Plummer: oh, oh.
Commissioner Alonso: No moratorium.
Mr. McManus: The study is all - all the Grove.
Mr. Maxwell: It makes no sense.
Mayor Suarez: How do you want to define it? I mean, I've got shaking heads
over there.
Ms. Mary Weber: The geographic area includes the entirety of Coconut Grove.
Mayor Suarez: The entirety of Coconut Grove?
Ms. Weber: Absolutely. There was never a question about that.
Mr. McMaster: I think a good case in point is 27th Avenue. It was rezoned in
1988. What has happened on 27th Avenue? It's decayed, and it's gotten worse.
Mayor Suarez: Commissioners...
Mr. McMaster: You know, this commercial mixed use is ridiculous.
Mayor Suarez: ... is that your intent here?
Commissioner Alonso: Twenty-seventh Avenue is a serious problem.
Mr. McMaster: Yeah. It's got to be changed somehow.
Mayor Suarez: We leave it the entire - a study of the entire area of Coconut
Grove?
Commissioner Alonso: Twenty-seventh...
Commissioner Plummer: Well, if there's no moratorium, I see no problem with
having a study of the entire Coconut Grove area.
Mayor Suarez: All right.
Commissioner Alonso: Yes. And if you're going to do it...
Commissioner Plummer: As long as there's not a moratorium.
318 July 22, 1993
Commissioner Alonso: ... let's do it right, so that we know where we stand.
Twenty-seventh Avenue, it is a serious problem. It seems to me that it has to
be included, no question about it.
Commissioner Plummer: Well, the only problem that I guess I might have, is
why have a consultant who you're paying to do a study, for example, what I'll
call north of 22nd Avenue, when it's all R-1? What can he study here? I
don't know what he can study. I mean...
Mr. McMaster: I do think when they change from 9500 to 11,000, they took all
the controls off the Mercy Hospital area. I mean, you know, in ten years from
now, you're going to see what the problem is up around Mercy Hospital.
Commissioner Plummer: Ha -ha-ha. I already know.
Mr. McMaster: Yeah. Well, it's coming. So I think we do need to include the
entire Grove, and we have the problem of clusters in the Central Grove. We
have the problem with the large remaining estates in the South Grove.
Commissioner Plummer: I have no problem with the entire Grove. I really
don't.
Mayor Suarez: OK. Anything further?
Commissioner Plummer: You're aware of what Mercy Hospital is contemplating
right now?
Mr. McMaster: Yeah, yeah.
Ms. Weber: I have to interject at this point. Sorry to get involved. It was
the Village Council that called for the planning study, as well as the
moratorium. It has always been the Village Council who has steered this
towards whatever end we will see with it, and as chairman of the Coconut Grove
Village Council, if you so choose to take the language out of your Plan B as
to the agreement, entering into an agreement with the Coconut Grove Village
Council, Inc., we cannot agree to any agreement.
Mayor Suarez: All right. Then you can or - you may or may not participate in
the effort, then.
Commissioner Alonso: I really have no objections, but I see that you do have
a strong objection.
Commissioner Plummer: Yeah, yeah.
Commissioner Alonso: And do you have objections as well?
Commissioner Plummer: And I don't wish to go into it.
Commissioner Alonso: I don't see why.
Mayor Suarez: I can't imagine why. If she thought about it tonight, she
would want to fight about that. I mean, you've got a group that is...
319 July 22, 1993
Ms. Weber: I don't want a fight. I don't have an argument. I'm just telling
you that the Village Council voted a very specific way after much discussion,
and a vote, as I already said, and that's all there is to it.
Mayor Suarez: I don't see the difference, I really don't. It's like the size
of a table. Instead of...
Ms. Weber: We11, it is the people who - in Coconut Grove who elected the
Village Council to represent them, and it is the people of Coconut Grove who
came to the Village Council and requested that we enter...
Mayor Suarez: But suppose, Mary, if I may interrupt you. Suppose that three
Commissioners up here appoint people that are basically the choice of the
Village Council. Then, you have nine out of 15 people being essentially
selected by the Village Council. That accomplishes the same thing. Why are
you going to argue about the entities? He has a problem with making it an
agreement between the two.
Commissioner Plummer: They're totally unorganized. You go to the meeting,
they're jerking microphones out of everybody's hands.
Commissioner Alonso: Could you do it, the committee and them, would you be
agreeable?
Commissioner Plummer: No, I don't want to term it an agreement. A contract
takes it out of your hands.
Commissioner Alonso: No, but it would be in our hands.
Commissioner Plummer: Well, why an agreement?
Ms. Weber: Well, I think that you will appreciate the fact that I cannot
vote - I can't enter into anything on behalf of the council, as its
chairman...
Mayor Suarez: I understand.
Ms. Weber: ... that the council itself has not voted on.
Mayor Suarez: I understand. I understand.
into any agreement with any entity.
Commissioner Plummer: That's the point.
Mayor Suarez: We're simply setting up an...
Ms. Weber: And that's the point.
Mayor Suarez: All right.
And we're not really entering
Ms. Weber: We have asked you to enter into an agreement with us.
Vice Mayor De Yurre: Can we take this up at some point?
320 July 22, 1998
Commissioner Plummer: I'm about ready for that. Go make the motion. I'll
second it. Ha -ha-ha.
Mayor Suarez: And if you want us to do essentially what you would like us to
do, which is to study Coconut Grove, looking to make all kinds of changes that
would constrain development, and guarantee the character of the area for many
years, et cetera, et cetera, you really ought to support this as an
individual. Maybe you can't do it as chairman of the council, because the
council is not meant to decide that. OK?
Ms. Weber: I am speaking as chairman.
Mayor Suarez: Right. That's what I'm saying. Maybe you can't do that
tonight, but maybe think about it tonight, and call your board members, and
discuss it with them.
Commissioner Alonso: So you also have objections as having the Village
Council...
Vice Mayor De Yurre: Mr. Mayor, I vote that we defer this.
Mayor Suarez: I don't - I just want to make sure we do it...
Ms. Weber: In which case, we should defer it.
Commissioner Alonso: Please.
Ms. Weber: If there is a question, we should defer.
Vice Mayor De Yurre: That's right. Let's defer this.
Commissioner Dawkins: Second.
Commissioner Alonso: Do you want to defer this?
Mayor Suarez: Moved and seconded to defer. I'm voting against deferral.
That's what happens. All right. Moved and seconded for deferral. Any
discussion? If not, please call the roll.
The following motion was introduced by Vice Mayor De Yurre, who moved
its adoption:
MOTION NO. 93-491
A MOTION TO CONTINUE AGENDA ITEMS PZ-7A, PZ-7B AND PZ-
8 OF TODAY'S AGENDA, RESPECTIVELY AS FOLLOWS: (a)
(PROPOSED RESOLUTION REQUESTING PROPOSALS FOR PLANNING
SERVICES FOR THE COCONUT GROVE PLANNING STUDY); (b)
(PROPOSED RESOLUTION TO ENTER INTO AN AGREEMENT WITH
THE COCOANUT GROVE VILLAGE COUNCIL FOR THE PREPARATION
OF THE COCONUT GROVE PLANNING STUDY); AND (c)
(PROPOSED FIRST READING ORDINANCE DECLARING A
MORATORIUM ON BUILDING PERMITS, SPECIAL PERMITS, LAND
USE AND ZONING CHANGES IN THE COCONUT GROVE AREA.
321 July 22, 1998
_11
Upon being seconded by Commissioner Dawkins, the motion 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
ABSENT: None.
Ms. Weber: Thank you.
Commissioner Dawkins: OK, it's deferred.
Mayor Suarez: The item is deferred.
Ms. Weber: Thank you.
Mayor Suarez: Commissioners, you have emergency items?
Commissioner Plummer: Yes.
Commissioner Alonso: Yes.
Commissioner Plummer: Yeah, I got...
------------------------------------------------------------------------------
41. ALLOCATE $100,000 OF 19TH YEAR CDBG FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE 11062 TO MIAMI MENTAL CENTER, INC., -- TO RENOVATE THE
AGENCY'S RESIDENTIAL FACILITY FOR RECOVERING SUBSTANCE ABUSERS.
------------------------------------------------------------------------------
Commissioner Alonso: Yes. I have a pocket item, allocating 100,000 of the
19th year Community Development Block Grant Funds, previously appropriated by
Ordinance 11062, adopted April 15, 193, to Miami Mental Health Center, Inc.,
to provide renovations to the agency's residential facility for recovering
substance abusers. I so move.
Vice Mayor De Yurre: Second.
Commissioner Plummer: Second. Third. Just for the...
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Just for the record, that is only that particular item.
I'll vote in favor of it, but let me tell you, I still think the Public Health
Trust should have been the ones that provided the money.
Commissioner Alonso: OK. Call the roll on the item, please.
322 July 22, 1998
.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-492
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $100,000 OF
NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11062,
ADOPTED APRIL 15, 1993, TO MIAMI MENTAL HEALTH CENTER,
INC. TO PROVIDE RENOVATIONS TO THE AGENCY'S
RESIDENTIAL FACILITY FOR RECOVERING SUBSTANCE ABUSERS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
AND A MORTGAGE AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID AGENCY FOR SAID PROJECT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------- -------------------------------------------
42. SUBMIT GRANT APPLICATION, JOINTLY WITH THE CENTER FOR HEALTH
TECHNOLOGIES, INC., TO U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION -- TO REQUEST $1,000,000 TO CREATE A BUSINESS INCUBATOR
FOR HEALTH TECHNOLOGIES, SAID INCUBATOR TO BE LOCATED AT 1145 N.W. 11
STREET.
Vice Mayor De Yurre: Mr. Mayor...
Commissioner Alonso: Good.
Vice Mayor De Yurre: Is that it?
Commissioner Alonso: Done.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor De Yurre: A resolution authorizing the City Manager...
323 July 22, 1998
Commissioner Dawkins: You had your two?
Commissioner Alonso: No. I have one more. Thank you.
Vice Mayor De Yurre: ... to submit a grant application jointly with the
Center for Health Technologies, Inc., to the U.S. Department of Commerce
Economic Development Administration, requesting funds in the amount of
$1,000,000 for the purpose of creating a business incubator for Health
Technologies. Said incubator to be located at 1145 Northwest 11th Street,
Miami, Florida; further authorizing the City Manager upon approval of said
grant to accept same and execute the necessary implementing agreements In a
form acceptable to the City Attorney. I so move.
Mayor Suarez: Call the roll. No, I'm sorry, do we have a second?
Mr. Walter Foeman (Assistant City Clerk): No, Mr. Mayor.
Commissioner Plummer: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-493
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION, JOINTLY WITH THE CENTER FOR HEALTH
TECHNOLOGIES, INC., TO THE U.S. DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION,
REQUESTING FUNDS IN THE AMOUNT OF $1,000,000 FOR THE
PURPOSE OF CREATING A BUSINESS INCUBATOR FOR HEALTH
TECHNOLOGIES, SAID INCUBATOR TO BE LOCATED AT 1145
NORTHWEST 11TH STREET, MIAMI, FLORIDA; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
GRANT, TO ACCEPT SAME AND EXECUTE THE NECESSARY
IMPLEMENTING AGREEMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(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 J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
324 July 22, 1998
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I always vote for incubators.
Vice Mayor De Yurre: And my second one, I have Rene Larrieu, who's going to
make - he needs our support for a program that they have. Quickly.
Commissioner Dawkins: Second.
Commissioner Alonso: Wait a second. In the previous - I have a question.
Commissioner Dawkins: Wait, wait a minute.
Commissioner Alonso: Wait a second. In my vote, I - I have a question. Are
we donating - do you have a copy of that that I can read? I don't have a
copy, Commissioner. We are receiving this funding. Are we giving this away?
Can we lease this property?
Commissioner Plummer: We tried to sell it. We can't sell it.
Commissioner Alonso: This pocket item...
Commissioner Plummer: The police department.
Mr. Cesar Odio (City Manager): The CHT (Center for Health Technologies)
property.
Commissioner Alonso: No, no.
Mayor Suarez: The Center for Health Technologies item, is that the one that
was just voted on?
Vice Mayor De Yurre: Yes.
Mr. Odio: This is a lease, or a long-term lease to CHT. Is that the one
you're talking about?
Commissioner Plummer: That's it, that's the one.
Ms. Christina Cuervo: Under their lease, they have an expanded lease area,
and they would come back to us and ask us to expand the lease once they got
this grant. This is just authorizing the City Manager to apply for the grant.
Commissioner Alonso: They will have to come back to us.
Mr. Odio: They have to come back with a lease.
Ms. Cuervo: They will have to come back to you, but recognize that...
Commissioner Alonso: OK.
Mayor Suarez: OK. That's clarified.
325 July 22, 1998
_1. kkt „e\I
Commissioner Dawkins: I don't have a problem with it, but I just told the
gentleman that I wasn't going to put another federal dollar in there until
they get some private dollars, and that's why I'm voting no.
Commissioner Plummer: Yeah, but why in the hell aren't we trying again to
sell that property, to get it back onto the tax rolls?
Mr. Odio: Well, you gave it back to the...
Ms. Cuervo: Part of their expanded lease will require them to pay taxes on
the property once they expand it.
Mr. Odio: You know - see...
Commissioner Plummer: Yeah, but if you sell that property, you get it back on
the tax rolls. That's...
Mr. Odio: Commissioner, in the long run...
Commissioner Alonso: They had promised before they were going to pay taxes.
Mr. Odio: In the long run, that property, they will pay more than it is worth
for it.
Commissioner Alonso: Yes.
Mr. Odio: I can - I - that's a very long-term project, but you will get more
than it's worth from CHT.
Commissioner Alonso: Mr. Manager, but are they going to pay taxes? Because I
recall in one of the approvals, they promised...
Mr. Odio: They promised that they would, but...
Commissioner Alonso: ... that they were going to pay taxes.
Mr. Odio: They have, they have promised that.
Ms. Cuervo: They will...
Commissioner Alonso: OK.
Mr. Odio: Yes.
Commissioner Alonso: So they are in the tax roll.
Commissioner Plummer: Yeah, but the problem is, that's only 2200 square feet
of the entire building. Now, who...
Ms. Cuervo: No, no, no.
Mr. Odio: No, no. The entire - they have the entire building...
Commissioner Alonso: No, this is an expansion.
326 July 22, 1998
Mr. Odio: ... except for the jail space.
Commissioner Plummer: Mr. Manager, you have a piece of property there that's
in excess - that's a value of what, $6,000,000?
Mr. Odio: If you put it for sale, the County would take it.
Commissioner Dawkins: Hey, we're on pocket items. Let's go home, please.
Don't you - I mean, discuss this at regular meetings.
Commissioner Plummer: OK. All right.
43. AUTHORIZE CITY MANAGER TO SOLICIT SPONSORSHIP / FINANCIAL SUPPORT FROM
PRIVATE / PUBLIC BUSINESS INTERESTS -- TO CONDUCT: MIAMI HISPANIC MEDIA
CONFERENCE AND FUTURE RELATED CONFERENCES.
Vice Mayor De Yurre: OK, Mr. Larrieu, you're on, ten seconds. Nine, eight...
Mr. Rene Larrieu: Honorable members of the City Commission, we're requesting
your approval to do the adequate fund-raising to be able to conduct the Third
Hispanic Media Conference. This conference...
Vice Mayor De Yurre: All the money is going to be privately raised, right?
Mayor Suarez: Why do you need any action of this Commission on this, Rene?
Mr. Larrieu: Because we're going to be doing fund-raising, in terms of the
implementation of this conference...
Mayor Suarez: All right.
Mr. Larrieu: ... at the same time we're going to be doing - we're signing
sponsorship agreements with entities...
Commissioner Alonso: Yes, so move it.
Mayor Suarez: All right. So moved.
Mr. Larrieu: ... so that they provide in kind services.
Vice Mayor De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
327 July 22, 1998
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-494
A RESOLUTION AUTHORIZING THE CITY MANAGER AND/OR HIS
DESIGNEE TO SOLICIT SPONSORSHIP AND FINANCIAL SUPPORT
FROM PRIVATE AND PUBLIC BUSINESS INTERESTS TO CONDUCT
THE "MIAMI HISPANIC MEDIA CONFERENCE ("CONFERENCE")
AND FUTURE RELATED CONFERENCES; FURTHER AUTHORIZING
THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SUCH SPONSORSHIPS AND FINANCIAL SUPPORT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
44. AUTHORIZE MANAGER TO ACCEPT AND EXPEND $6,575,858 FROM STATE OF FLORIDA
HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND -- AS FINANCIAL
RELIEF FROM IMPACT OF HURRICANE ANDREW.
------------------------------------------------------------------------------
Mayor Suarez: We have an application here from the City of Miami - I'll take
this as my item, I guess - submitted an application totalling $15,029,000 for
disaster assistance from the State Trust Fund, after the Hurricane Andrew.
Mr. Cesar Odio (City Manager): Yes. We need to...
Commissioner Plummer: It's what?
Commissioner Alonso: Here is our big money.
Mayor Suarez: Why this would come up in this manner, I don't know, Carlos.
Is there anything about this that anyone could possibly not agree with?
Mr. Carlos Garcia: Mr. Mayor, the ...
Mr. Odio: No, you need to pass it.
328 July 22, 1998
Mr. Garcia: No. We are accepting a grant from the State of Florida in the
amount of $6,575,000 for hurricane related...
Vice Mayor De Yurre: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Any discussion?
Commissioner Alonso: Call the roll.
Mayor Suarez: If not, please...
Commissioner Plummer: Gracious...
Mayor Suarez: Do we have to read the ordinance, Mr. City Attorney?
Commissioner Plummer: Graciously.
Mr. Garcia: No. It's a resolution. It's a resolution.
Commissioner Alonso: A resolution. Go ahead.
Mayor Suarez: A resolution. Call the roll.
Mr. Odio: This is a hurricane relief.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-495
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ACCEPT AND EXPEND FUNDS IN THE AMOUNT OF
$6,575,858 FROM THE STATE OF FLORIDA "HURRICANE ANDREW
RECOVERY AND REBUILDING TRUST FUND" AS FINANCIAL
RELIEF FROM THE IMPACT OF HURRICANE ANDREW;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
MEMORANDA OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, TO IMPLEMENT ACCEPTANCE AND EXPENDITURE OF SAID
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
329 July 22, 1998
.�i\yam
iCY7y� 1i
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.
45. WAIVE (BY 4/5THS VOTE) COMPETITIVE BIDS FOR ACQUISITION OF SERVICES /
EQUIPMENT / GOODS / MATERIALS, AS REQUIRED, FOR COMPLETION OF AMERICANS
WITH DISABILITIES ACT (ADA) ACCOMMODATION AT ORANGE BOWL STADIUM.
Commissioner Alonso: I have a resolution by an affirmative vote of four
fifths of the members of the City Commission, waiving formal competitive bid
and selection proceedings for the acquisition of such services, equipment,
goods and all materials as may be required for the completion of the Orange
Bowl ADA (Americans with Disabilities Act) Accommodation project located at
the Orange Bowl Stadium, ratifying, approving and confirming the City
Manager's finding that a valid public emergency exist to - I don't know, I've
been given this - to comply with the ADA, justifying such waiver for said
project.
Mayor Suarez: And to make the Orange Bowl comply with the ADA, no?
Commissioner Alonso: Authorizing the City Manager to accept the lowest
responsive and responsible bids for necessary improvements, services,
equipment, goods, and all materials for said project. Allocating funds
therefor in an amount not to exceed $312,520 from the...
Commissioner Dawkins: Fiscal year...
Commissioner Alonso: ... fiscal year 193 operating budget, to be repaid from
the Orange Bowl Capital Improvement Funds; and further authorizing the City
Manager to execute and/or issue the necessary documents in a form acceptable
to the City Attorney with the successful bidders. I so move.
Mayor Suarez: So moved. Seconded?
Commissioner Plummer: Second.
Mayor Suarez: Call the roll, please.
330 July 22, 1998
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-496
A RESOLUTION BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF
THE MEMBERS OF THE CITY COMMISSION, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN
FINDING THAT A VALID PUBLIC EMERGENCY EXISTS TO COMPLY
WITH THE AMERICANS WITH DISABILITIES ACT ("A.D.A.")
FOR THE COMPLETION OF THE ORANGE BOWL A.D.A.
ACCOMMODATION PROJECT; WAIVING FORMAL COMPETITIVE BID
AND SELECTION PROCEDURES FOR THE ACQUISITION OF SUCH
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE
REQUIRED FOR THE COMPLETION OF SAID PROJECT;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST
RESPONSIVE AND RESPONSIBLE BID(S) FOR NECESSARY
IMPROVEMENTS, SERVICES, EQUIPMENT, GOODS AND/OR
MATERIALS FOR SAID PROJECT; ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $312,520.00 FROM THE FY'92-
93 OPERATING BUDGET TO BE REPAID FROM ORANGE BOWL
CAPITAL IMPROVEMENT FUNDS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE SUCCESSFUL BIDDER(S).
(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.
331 July 22, 1998
46. ACCEPT QUITCLAIM DEED RELATING TO CONSTRUCTION OF THE NEW BRICKELL
AVENUE BRIDGE FROM FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR A
PREVIOUSLY CONVEYED EASEMENT, IN EXCHANGE FOR A SMALLER PERPETUAL
EASEMENT OVER ADJACENT CITY -OWNED PROPERTY -- EXECUTE NEW PERPETUAL
EASEMENT AGREEMENT BETWEEN THE CITY AND FDOT.
------------------------------------------------------------------------------
Commissloner Plummer: A resolution accepting...
Mayor Suarez: Mr. City Attorney, you have an item that has to do with the
Brickell Bridge?
Commissioner Plummer: It's my turn.
Mr. Joel Maxwell (Assistant City Attorney): Yes.
Mayor Suarez: Joel Maxwell. You can take it as my item,.if you want.
Mr. Maxwell: Yes, sir. The item here involves a land swap. We would be
giving them 83 square feet. They're giving us back 125 feet that they paid
roughly 138,000 for. We benefit in this. It's for the Brickell Avenue
Bridge. As you know, construction starts on July 29th.
Mayor Suarez: Any Commissioner have any problem with this? Apparently...
Commissioner Dawkins: Move it.
Mayor Suarez: OK.
Commissioner Plummer: Do we know what we're doing?
Commissioner Alonso: Yes. Giving a...
Mr. Maxwell: Yes.
Commissioner Plummer: Do we know where?
Commissioner Alonso: Yes.
Commissioner Plummer: Do we know where the property is located?
Mr. Maxwell: The property is located just beside the Brickell Avenue Bridge,
beside the Knight Center. This will be subject to bond counsel approval.
They've already approved at this point in time...
Commissioner Plummer: Has anybody looked to see that it might not hinder
future development, or anything of that nature?
Mr. Maxwell: This has been reviewed by the Public Works Department, by...
332 July 22, 1998
Commissioner Alonso: Haven't you checked?
Mr. Maxwell: Yes.
Commissioner Plummer: Has the Department been...
Mr. Jim Kay: The Public Works Department has reviewed it, and this easement
hugs right up next to the bridge. It's nowhere near any of the pool area or
anything like that.
Mayor Suarez: Why is it being presented in this fashion? Just...
Commissioner Alonso: Why is the emergency?
Mayor Suarez: ... it has to be done right now because of...
Mr. Maxwell: Construction starts on the 29th, as you are aware of.
Mayor Suarez: I guess that's one good reason.
Commissioner Plummer: Can we stop construction by not voting for this?
Mr. Maxwell: Well, they need the land in place.
Commissioner Alonso: Have you checked? I saw a yes, and no, yes, you said
yes?
Mr. Kay: No. I was...
Commissioner Alonso: You did?
Mr. Kay: I was checking into the construction time. I was...
Commissioner Alonso: Is it acceptable?
Mr. Kay: Yeah.
Mayor Suarez: All right.
Commissioner Alonso: OK.
Mr. Maxwell: You approved...
Mayor Suarez: Why don't 'you do it subject to Commissioner Plummer taking a
look at it.
Commissioner Plummer: No, no, go ahead.
Mayor Suarez: All right.
Commissioner Plummer: He said that they've checked it out.
Mayor Suarez: All right. OK.
333 July 22, 1998
Commissioner Plummer: All I asked was, did we know what we're doing.
Mayor Suarez: Call the roll on the item, please.
Mr. Walter Foeman (Assistant City Manager): You need it seconded.
Mayor Suarez: I'm sorry?
Mr. Foeman: You need it seconded.
Mayor Suarez: I second it.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-497
A RESOLUTION, WITH ATTACHMENT(S), RELATING TO
CONSTRUCTION OF THE NEW BRICKELL AVENUE BRIDGE;
ACCEPTING A QUITCLAIM DEED FROM THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) FOR A PREVIOUSLY CONVEYED
EASEMENT DESCRIBED ON COMPOSITE EXHIBIT "A", ATTACHED
HERETO, IN EXCHANGE FOR A SMALLER PERPETUAL EASEMENT
OVER ADJACENT CITY -OWNED PROPERTY, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER, TO EXECUTE A NEW PERPETUAL
EASEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND FDOT FOR SAID
SMALLER PARCEL OF APPROXIMATELY 83 SQUARE FEET OF
CITY -OWNED PROPERTY DESCRIBED ON COMPOSITE EXHIBIT
"B", ATTACHED HERETO; MAKING FINDINGS; ALL SUBJECT TO
CONCURRENCE OF BOND COUNSEL AND PAYMENT BY FDOT OF
LEGAL EXPENSES INCURRED BY THE CITY IN UTILIZING BOND
COUNSEL FOR THIS LATEST TRANSACTION; DIRECTING THE
CITY MANAGER TO TRANSMIT A COPY OF SAID RESOLUTION TO
FDOT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, 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.
334 July 22, 1998
------------------------------------------------------------------------------
47. ACCEPT BID: WOLFF'S KENNEL, INC. -- FOR FURNISHING FOUR GERMAN SHEPHERD
DOGS TO POLICE DEPARTMENT -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST
FUND.
------------------------------------------------------------------------------
Commissioner Plummer: All right. Here's the resolution for those dogs that
the police department needs for a total of 13-6. Barking dogs - oh, I can't
approve this. This is from the Law Enforcement Trust Fund. We didn't approve
it.
Commissioner Alonso: Ha -ha-ha.
Lt. Joseph Longueira: It's not in that ordinance.
Commissioner Plummer: It's not in that group? I move it, that we buy the
dogs.
Commissioner Dawkins: Second.
Mayor Suarez: So moved and seconded.
Commissioner Dawkins: Hey, wait a minute. Does it come out of the Law
Enforcement Trust Fund or the company general fund?
Lt. Longueira: It's out of Law Enforcement, but it's not in that ordinance,
because this was...
Commissioner Plummer: It's not in the ordinance of this morning?
Lt. Longueira: No, no.
Commissioner Alonso: No. They said no.
Mayor Suarez: This is the section of the agenda devoted to K-9 issues not in
the other item.
Lt. Longueira: Commissioner, this is really critical. If we don't get the
dogs in a month delay and no meetings...
Mayor Suarez: I'm telling you.
Lt. Longueira: ... we won't see those dogs till January. They're very
critical.
Commissioner Dawkins: Now, that's real sad, you know that?
Commissioner Alonso: Move it, go, yes.
Commissioner Plummer: OK.
Commissioner Dawkins: That's real sad.
335 July 22, 1998
Commissioner Alonso: Yes.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? If
not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-498
A RESOLUTION ACCEPTING THE BID OF WOLFF'S KENNEL, INC.
FOR THE FURNISHING OF FOUR (4) GERMAN SHEPHERD DOGS TO
THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED AMOUNT OF
$13,600.00; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX CODE
290954-875, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH
SECTION 932.7055 OF THE FLORIDA STATUTES; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor De Yurre: Is the vote two/two?
Commissioner Plummer: No.
Mr. Foeman: Two/one.
Vice Mayor De Yurre: I'll say no.
Commissioner Plummer: Can I change my vote? Can I change my vote?
336 July 22, 1998
------------------------------------------------------------------------------
48. INSTRUCT ADMINISTRATION TO ENSURE THAT OVERTOWN NEIGHBORHOOD BOUNDARIES
USED FOR NET (NEIGHBORHOOD ENHANCEMENT TEAMS) AND OTHER APPLICATIONS ARE
THE SAME BOUNDARIES AS DESIGNATED UNDER COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) DESCRIPTION.
------------------------------------------------------------------------------
Mayor Suarez: Any other emergency items?
Commissioner Dawkins: Yes. You got another one, J.L.?
Commissioner Plummer: Only that Annie Adker had asked to be recognized for a
brief...
Commissioner Dawkins: OK, OK. That's your...
Commissioner Plummer: That's my second one, yes, sir.
Commissioner Dawkins: OK. Go ahead.
Commissioner Plummer: Yes, sir. She's here and she'll get up.
Mayor Suarez: Anne Marie.
Ms. Anne Marie Adker: I'm Anne Marie Adker, 407 Northwest 5th Street, and
that's in Overtown.
Commissioner Plummer: Be brief, please.
Ms. Adker: I certainly will be. We are confused, the residents of Overtown,
that we found out Overtown is operating under two boundaries; one for
Community Development Block Grant, which is federal funding; and the other,
under the NET (Neighborhood Enhancement Teams) Program.
Commissioner Plummer: What do you want us to do, Annie?
Ms. Adker: I wish you would go back to the Community Development Block Grant
boundaries, so that it would not confuse us so badly.
Mayor Suarez: Does that create any problems, Mr. Manager?
Commissioner Alonso: Yes.
Commissioner Plummer: Does that create any problems for the Administration?
Mayor Suarez: For the NET...
Commissioner Alonso: I don't see why.
Mayor Suarez: ... oversight to cover the identical boundaries...
Commissioner Plummer: So moved.
337 July 22, 1998
Commissioner Alonso: Second.
Mayor Suarez: ... of the Community Development...
Commissioner Dawkins: Second.
Mayor Suarez: ... target area? Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-499
A MOTION INSTRUCTING THE ADMINISTRATION TO ENSURE THAT
OFFICIAL BOUNDARIES DESIGNATED FOR THE OVERTOWN
NEIGHBORHOOD ARE AT ALL TIMES IN AGREEMENT WITH
BOUNDARIES DESIGNATED FOR THE CDBG (COMMUNITY
DEVELOPMENT BLOCK GRANT) TARGET AREA.
Upon being seconded by Commissioner Alonso, 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.
Mayor Suarez: Silver Bluffs.
Ms. Adker: Does that mean that we have...
(APPLAUSE)
Commissioner Dawkins: I have - no, no, no. Hey, hold it.
Mayor Suarez: Wait, wait. I'm just trying to figure out what to do with
Silver Bluffs. I'm not saying we're going to take care of it.
Commissioner Alonso: Oh, please do. Let's...
Mayor Suarez: I don't even know if...
Commissioner Dawkins: I got five pocket items. I can't get but I can't get
but two.
Mr. Cesar Odio (City Manager): Mr. Mayor...
338 July 22, 1998
Commissioner Alonso: Yeah.
Mayor Suarez: Wait, wait, wait.
Commissioner Dawkins: I got pockets. I got two pockets.
Mr. Odio: Mr. Mayor, before he leaves...
Mr. Kay: There it is.
49. DISCUSSION CONCERNING POSSIBLE INSTITUTION OF WRITE-IN PROCEDURES FOR
FUTURE CITY OF MIAMI ELECTIONS -- VICE MAYOR DE YURRE INVOKES FIVE-DAY
RULE.
Mayor Suarez: All right. Emergency item, Commissioner Dawkins?
Commissioner Dawkins: A resolution authorizing the City Attorney and the City
Clerk to develop and implement a mechanism and procedure for a write-in
candidate, consistent with decisional laws, the City Charter, Code, and
Florida Statutes, where appropriate. Because we got somebody want to write
in, and I want everybody who write in to be able to write in, because I don't
want them to challenge the election. So moved.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion?
Commissioner Plummer: I have no problem with writing in candidates, but I do
have a problem as to the so-called qualifications. For example, if somebody
doesn't want to be qualified as a write-in candidate. Did we determine that
that's not mandatory? Mr. John Smith has no desire, but 50 percent plus one
people write in the name of John Smith, under our laws, he is the Mayor.
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Commissioner Plummer: Now...
Mr. Jones: Commissioner, the only ballots of write-in candidates that would
be counted would be those that have qualified. It complies with the State law
that the provision...
Commissioner Alonso: I withdraw my second, and why don't we take this as a
regular item.
Mr. Odio: I have an emergency.
Commissioner Plummer: We11, but I - well, excuse me. I think your problem
is, is the time frame before the ballots.
339 July 22, 1998
Mr. Jones: Yes.
Commissioner Alonso: We haven't done this in so many years. Why the urgency?
Commissioner Plummer: Because we have a request...
Commissioner Alonso: So?
Mr. Jones: Well, we have...
Commissioner Alonso: So? Why the challenge?
Mr. Jones: Well, I'm - the only thing I'm trying to do, Commissioner...
Commissioner Alonso: How come it was and never happened before?
Mr. Jones: Commissioner, Commissioner, the only thing...
Vice Mayor De Yurre: Hey, I...
Commissioner Dawkins: Vote it, vote it up or down. It doesn't matter.
Vice Mayor De Yurre: No, I invoke the rule now.
Commissioner Dawkins: Oh, OK, good, good. No problem.
Mr. Odio: Mr. Mayor, Mr. Mayor, please, this is very important.
Commissioner Alonso: Why?
Commissioner Dawkins: All right, no problem. Hey, no problem.
Commissioner Alonso: Why it's so important?
Commissioner Dawkins: Hey, hold it, hold it, I got - let me give...
Mr. Odio: No, I have another one. Not that one.
Commissioner Alonso: No, no, no. But we need an answer.
Commissioner Dawkins: All right. Here's a reso...
Mayor Suarez: OK. The item is off the table because it was - the second was
withdrawn.
Commissioner Dawkins: OK. No problem.
340 July 22, 1998
------------------------------------------------------------------------------
50. MOTION TO AMEND RESOLUTION 92-619, WHICH AUTHORIZED RAILWAY CLERKS TITLE
HOLDING COMPANY AND THE SCHOOL BOARD OF DADE COUNTY TO CONSTRUCT /
MAINTAIN TWO PEDESTRIAN OVERPASSES / WALKWAYS OVER / ACROSS: (1) N.E. 2
AVENUE NORTH OF N.E. 15 STREET BETWEEN THE JEFFERSON PARKING GARAGE AND
THE JEFFERSON BUILDING; AND (2) N.E. 15 STREET WEST OF NH.E. 2ND AVENUE
BETWEEN THE SCHOOL BOARD ADMINISTRATION BUILDING AND THE JEFFERSON
PARKING GARAGE. (See label 53)
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: All right.
Mr. Odio: Oye, Victor, I need - I need this very badly.
Commissioner Dawkins: A resolution amending Resolution 92-69, which
authorizes and permits Railway Clerk Title Holding Company, RCT and School
Board of Dade County...
Mr. Odio: This is my sidewalk replacement.
Commissioner Dawkins: ... and the School Board to construct and maintain two
pedestrian overpass and walkways over...
Commissioner Plummer: I invoke the rule.
Commissioner Dawkins: You know - OK. That's fine.
Mayor Suarez: So moved. Commissioner Plummer invokes the rule.
Commissioner Dawkins: I'm sorry I didn't invoke the rule while I passed your
pocket item.
Commissioner Plummer: No, no, no.
Commissioner Dawkins: No, no problem. OK, I got another one. All right.
Lucia Dougherty: Commissioner...
Commissioner Plummer: Commissioner Dawkins, please, let me explain. Mr.
Mayor, I am concerned, and more so every day, that we are taking property,
after property, after property off the tax rolls. This is Jefferson's Store,
which is paying the City today $67,000 worth of taxes, that once it's turned
over to the School Board tomorrow, will not be paying any taxes at all.
Mayor Suarez: But that bridge was crossed already.
Commissioner Dawkins: That bridge was voted on. The only thing was wrong
with it is that the plans say one height and our resolution says another
height.
341 July 22, 1998
Commissioner Plummer: I...
Commissioner Dawkins: All I'm asking you to do is make a...
Commissioner Plumper: Miller, I'm not arguing that.
Commissioner Dawkins: ... make - well, that's all I'm asking.
Commissioner Plummer: If I invoke the rule, their time frame kicks in, and
they can't have a turnkey with the School Board. OK? Look, what I'm trying
to say - they got the Don Building over there. They tried to give it to us.
That building has sat there vacant for three years. It's off the tax rolls.
We can't afford... I tell you what. Make it subject to approval that the
School Board will make some donation to the City in lieu of taxes, and I'll go
along with you.
Ms. Dougherty: Commissioner Plummer, let me just explain something to you.
Commissioner Dawkins: So moved. No, no, we got to get out of here.
Commissioner Plummer: OK, second.
Commissioner Dawkins: So moved.
Commissioner Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
Commissioner Plummer: It's got to stop somewhere.
342 July 22, 1998
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-500
A MOTION AMENDING RESOLUTION 92-619 WHICH AUTHORIZED
AND PERMITTED RAILWAY CLERKS TITLE HOLDING COMPANY
("RCTHC") AND THE SCHOOL BOARD OF DADE COUNTY, FLORIDA
("THE SCHOOL BOARD"), TO CONSTRUCT AND MAINTAIN TWO
PEDESTRIAN OVERPASSES AND WALKWAYS OVER AND ACROSS
NORTHEAST 2ND AVENUE, APPROXIMATELY 80 FEET NORTH OF
NORTHEAST 15TH STREET BETWEEN THE JEFFERSON PARKING
GARAGE AND THE JEFFERSON BUILDING WITH A MINIMUM
CLEARANCE OF 20 FEET ABOVE THE SURFACE OF NORTHEAST
2ND AVENUE AND OVER AND ACROSS NORTHEAST 15TH STREET,
APPROXIMATELY 170 FEET WEST OF NORTHEAST 2ND AVENUE
BETWEEN THE SCHOOL BOARD ADMINISTRATION BUILDING AND
THE JEFFERSON PARKING GARAGE WITH A MINIMUM CLEARANCE
OF 40 FEET ABOVE THE SURFACE OF NORTHEAST 15TH STREET,
CONDITIONED UPON THE RCTHC AND THE SCHOOL BOARD
EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE
CITY; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE
OVERPASSES AND WALKWAYS UPON FAILURE OF THE RCTHC
AND/OR THE SCHOOL BOARD TO MAINTAIN THEM; FURTHER
PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR
THE CONSTRUCTION OF THE OVERPASSES AND WALKWAYS;
AMENDING THE REQUIREMENT FOR THE MINIMUM CLEARANCE OF
20 FEET ABOVE NORTHEAST 2ND AVENUE AND INSTEAD
PERMITTING A MINIMUM CLEARANCE OF 17 FEET OVER AND
ABOVE NORTHEAST 2ND AVENUE; SUBJECT TO THE SCHOOL
BOARD MAKING A PAYMENT TO THE CITY OF MIAMI IN LIEU OF
TAXES.
(Note: See later formalizing R 93-503.)
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: What is he requesting? Wait, wait a second.
Mayor Suarez: Subject to the School Board making a payment in lieu of taxes
equivalent to what they would have paid in taxes.
343 July 22, 1998
n
tit
sal
Commissioner Alonso: Don't we have a committee that's going to study that?
Mayor Suarez: We have a committee instituted for that.
Commissioner Alonso: I hate - I don't have to vote...
Ms. Dougherty: Commissioner Plummer, the School - this is nothing off the
School Board. Believe me, they could care less. It's my client who's now
invested $600,000 since your first approval, including a $125,000 loan
commitment...
Mr. Odio: Lucia...
Ms. Dougherty: ... that they're going to lose to First Union, if you don't
approve this.
Commissioner Plummer: I...
Ms. Dougherty: You've already approved it. All this is is a scrivener's
error.
Commissioner Plummer: Excuse me.
Ms. Dougherty: Yes, sir.
Commissioner Plummer: If I don't approve it, it stays on the tax roll.
Ms. Dougherty: If you - but you wouldn't get the $170,000 we're paying in
permit fees that the School Board doesn't have to pay if they were doing it
themselves.
Commissioner Plummer: You're asking me to waive the equivalent of two police
officers in this community.
Ms. Dougherty: I'm not asking - you've already done that, though. All I'm
asking you to do is to correct a scrivener's error.
Commissioner Plummer: If I made a mistake, I can correct it today.
Vice Mayor De Yurre: No philosophizing.
Commissioner Plummer: I - look, I've already said I will go along with the
School Board, before they accept it, have, to make some payment to the City in
lieu of taxes. That's all.
Mr. Odio: Mr. Mayor...
Commissioner Plummer: That's what part of that committee is for.
Mr. Foeman: Continuing roll call.
Mayor Suarez: If she does a motion, a substitute motion, will you invoke the
rule?
344 July 22, 1998
Commissioner Plummer: without that in it, yes, I'll invoke the rule.
Commissioner Alonso: OK. So...
Mayor Suarez: All right. A substitute motion won't work, so we have a motion
that has that provision. Is that better than nothing? Would you...
Ms. Dougherty: Yes.
Mayor Suarez: All right, call the roll.
Commissioner Plummer: Keeps it alive.
Mayor Suarez: Keeps it alive. OK.
Commissioner Plummer: They can come back to fight another day.
Commissioner Dawkins: All right, what's...
Commissioner Alonso: He didn't say what they have to pay so.
Mr. Odio: Mr. Mayor, I - I have...
Commissioner Dawkins: No more pocket items. The only thing I will stay to
here is Silver Bluffs. (Unintelligible).' No more pocket items.
Mr. Foeman: OK. Continuing roll call, please.
Mr. Odio: Mr. Mayor - Commissioner, I have a sidewalk...
Mayor Suarez: Wait, wait, please.
---------------------------------------------------------- ------ ----------
51. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. -- FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT - PHASE IV B-4556 (CIP 341178) -- EXECUTE
CONTRACT.
------------------------------------------------------------------------------
Mayor Suarez: Mr. Manager, do you have an emergency?
Mr. Cesar Odio (City Manager): Yes, sir. I need a resolution accepting the
bid of Royal Engineering Construction, Incorporated, in the proposed amount of
$461,750, total bid of the proposal for Citywide sidewalk replacement project,
phase four. This is to start fixing up the sidewalks that were damaged by
Hurricane Andrew, sir.
Commissioner Dawkins: OK. Mr. Manager, I'm happy that you're doing this,
because I'm getting all kind of calls.
Mr. Odio: Yes, sir, but that's why I needed this.
345 July 22, 1998
I
Commissioner Dawkins: OK. Thank you. But...
Commissioner Plummer: Second.
Commissioner Dawkins: Because I'm getting all kind of calls.
Mayor Suarez: Moved and seconded.
Commissioner Dawkins: Move it.
Mayor Suarez: Any discussion? I guess the emergency is evident. Call the
roll.
Mr. Odio: Yes, sir. Thank you, sir.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-501
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF
$461,750.00, TOTAL BID OF THE PROPOSAL, FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT - PHASE IV B-4556; WITH
MONIES THEREFROM ALLOCATED FROM THE FISCAL YEAR 1991-
92 CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT
NO. 341178, IN THE AMOUNT OF $461,750.00 TO COVER THE
CONTRACT COST AND $73,697.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $535,447.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
346 July 22, 1998
------------------------------------------------------------------------------
52. DISCUSS AND CONTINUE PROPOSED RESOLUTION TO AMEND / MODIFY A ZONING
COVENANT RUNNING WITH THE LAND AT S.E. CORNER OF S.W. 27 AVENUE AND
CORAL WAY (S.W. 22 STREET), WHICH RELATES TO A 1984 ZONING APPLICATION
REQUESTED BY THE THEN APPLICANT, CORAL WAY PROPERTIES. (Applicant:
Alena Coral Way Properties, Inc.)
------------------------------------------------------------------------------
Mayor Suarez: We have one Planning and Zoning item of great importance to the
community. How long is it likely to take to do this presentation? It's
controversial, I gather. We've got...
(INAUDIBLE COMMENT)
Commissioner Alonso: No, it is controversial.
Mayor Suarez: Although - an hour, he says. That's great. That's great.
That's real funny.
Commissioner Plummer: What? Who said an hour?
Commissioner Dawkins: Give them 30 minutes.
Mayor Suarez: What is the item before us, exactly?
Ms. Lourdes Slazyk: It's an amendment to a covenant for a proposed
development in Coral Way and 27th Avenue.
Mayor Suarez: It's the actual amendment this time. Last time, it was a
study. OK. Can we legally limit each side to ten minutes, Mr. City Attorney?
Their presentation?
A. Quinn Jones, III, Esq. (City Attorney): Is that's going to be adequate, if
you deem that adequate time for a presentation, and from a due process
standpoint, I think you need to give them...
Mayor Suarez: Yeah, I would think so. All right. Each side has ten minutes.
If either side objects, state so now and we'll reconsider whether we're going
to,take it up tonight. Counselor...
Mr. Al Cardenas: OK, we're ready.
Mayor Suarez: OK. Swear in both sides. We have - both have learned counsel,
right?
Mr. Cardenas: Yes.
Mayor Suarez: Mr. Poole, Mr. Cardenas.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
347 July 22, 1998
Mayor Suarez: OK. Who is the appellant?
Mr. Cardenas: No, it's not appellant. We're the applicants.
Mayor Suarez: The applicants?
Mr. Cardenas: Right.
Mayor Suarez: All right. Mr. Cardenas.
Mr. Cardenas: Thank you. Mr. Mayor, my name is Al Cardenas, for the record,
offices at 201 Biscayne Boulevard, in Miami, Florida. I'm here accompanied by
Mr. Antonio Fraga, and his son, who are the developers known as FIRC Group, as
well as by the owners of the property, same folks, Alena Coral Way Properties.
Also, accompanied by Roy Barden, who is a planner; Mr. Eichinger, who is a
traffic consultant; Mr. Dixon, a real estate appraiser; by a number of
neighbors who live in the immediate vicinity in favor of the project. The
history of this parcel, very briefly, for you to know, is that, as you well
know, and we presented an aerial photograph two weeks ago to you, since 1961
or earlier, 73 percent of the subject property which is bounded by Coral Way
on the south, 22nd Terrace - excuse me - Coral Way on the north, 22nd Terrace
on the south, 27th Avenue on the west, and 25th Avenue on the east, has been
73 percent for commercial purposes. All of you recall the Saunders Hardware
Store. Subsequent to that, they had a discotheque, and subsequent to that, a
video store. In 1984, this Commission voted to change the zoning, so instead
of 73 percent of this area, 100 percent of the area was zoned commercial.
With the commercial zoning, you permitted office construction in excess of
300,000 square feet, and a retail space in excess of 60,000 square feet. As a
matter of fact, at that time, you approved a site specific project that is the
subject matter of the covenant we wish to amend, and also included a site
plan. And we want to - we want to show you what it is that you've approved in
1984 versus what it is that we want you to do. Basically, we want you to
amend the covenant, so instead of permitting the construction of a close to
500,000 square foot project, which includes 60,000 square feet of retail
space - that's the project that's approved to be built, and we've done a
volumetric, which is here on the ground, for lack of time. The volumetric on
the left is the project that is currently permitted to be constructed on the
site. The volumetric on the right, which is your left, is the project that
we're seeking to build. The project that is now on that table is the
project...
Mayor Suarez: That's a better way to describe it, as the table...
Mr. Cardenas: Right, which is currently permitted to be built. The project
which is on the ground is the one we're seeking to build. We're seeking to
build a project with total square footage of approximately 49,000 retail
square feet. The retail component alone is more than 10,000 square feet less
than the 60,000 that's permitted in this project, plus you have less six -
less 400,000 square feet of office space under what we're proposing. We have
met with staff no less than eight times. We've met with the neighbors,
neighbors' representatives, no less than five times. We presented a covenant,
which covenant...
(INAUDIBLE COMMENT)
348 July 22, 1998
Mr. Cardenas: Sir, there are a number of neighbors in favor. We presented a
covenant which Included a lot of the concerns that the neighbors had
expressed. Not outstanding (sic) that, the City represented to you - staff -
an additional 20-some Items that they wish added to the covenant as a
condition for their approval. We stand here this evening to tell you that
your staff entered an original recommendation with a lot of covenants. Then a
couple of days ago, they amended it, and added a lot more. To make a long
story short, staff has now proposed to you a total of 27...
Commissioner Alonso: Correction. Did you say that a few days ago?
Mr. Cardenas: Yes. But staff has now - we've been working with staff and the
neighbors constantly, and we don't have a problem with that. Staff has now
proposed, after meeting with neighbors as well, a total of an additional 27
conditions. I'm here to tell you this evening that we're willing to accept
all of the conditions we proposed, and 26 of the 27 conditions that staff has
proposed to you. The only condition, the only condition that separates us
from staff - and I don't believe all of the staff feels this way,
incidentally - 1s that we feel it is essential to have an ingress and egress
on 27th Avenue and Coral Way, and on 25th Avenue, for a number of reasons.
Twenty-fifth Avenue, the only way, if you're - if you're east traffic heading
westward - primarily in Coral Way - the only way that you could get to the
project, if you only had two entrances, was by turning left on 25th Avenue,
going through 22nd Terrace, turning right again, and then getting on 27th
Avenue. What we're proposing is a tot less intrusive. I think your fire
department agrees that three entrances are better than those two, and I think
folks in public works believe that the three entrances are a workable number.
We have a traffic planner here, and I'm asking my associate,'Ben Fernandez, to
turn over all of the things that we're talking about. We have a traffic
planner that did a study we're going to enter into the record, letting you
know that that is the best possible proposal you could have. We will accept
every single recommendation that staff has made. Many - if not most - of them
as a result of their meeting with your neighbors, with the exception of 25th
Avenue, because we feel that, "A," the fire department prefers it that way; we
feel it's a lot less intrusive in the neighborhood. And let me add the
following. We've got a lot of neighbors here who wanted to have the time to
have their say. Of the eight neighbors who are on 22nd Terrace, that are the
neighbors most affected - in other words, they own the homes on 22nd Terrace,
immediately facing the project - six of the eight homes favor this project.
(AUDIENCE NOES!)
Mayor Suarez: Please, please, please!
Mr. Cardenas: And that is absolutely true.
Mayor Suarez: Please, folks!
Mr. Cardenas: And as a matter of fact...
Mayor Suarez: They have ten minutes. You'd never make it in court if you
were...
349 July 22, 1998
Mr. Cardenas: ...a number of those people are here. And, of course, I don't
have the time to give the full presentation, but they're right here, and
they're willing to come up to the microphone right now - contrary to what
you've heard here today - and say that they approve, they recommend approving
of this project.
Mayor Suarez: OK. Or you can read their names into the record, or their
addresses, whichever.
Mr. Cardenas: No. I'd like for them to come rapidly.
Mayor Suarez: All right.
Mr. Cardenas: We still have some time.
Commissioner Dawkins: You got four minutes.
Mayor Suarez: He's got it, he's got it, he's got the time. He can bring them
up if he wants.
Commissioner Dawkins: OK. Bring them up. He has four minutes and that's it.
Mayor Suarez: Give us the name and address, please.
Ms. Florinda Rodriguez: YO VOY HABLAR SENCILLAMENTE EN ESPANOL PARA DECIR
MUY...
Mayor Suarez: OK. The name and address is very simple.
Commissioner Alonso: EL NOMBRE Y LA DIRECCION.
Ms. Rodriguez: Eh?
Mayor Suarez: If anybody interrupts this...
Commissioner Alonso: NOMBRE Y DIRECCION.
Mayor Suarez: ... from the opposing side, what we will do is we'll just take
a deferral of the item. You're still going to get paid, and then you will
have lost tonight the opportunity to have this matter disposed of. Please,
what is your name and address?
Ms. Rodriguez: YO ME LLAMO FLORINDA RODRIGUEZ.
Mayor Suarez: Florinda Rodriguez. Well, there's no translation for that.
-------------------------------------------------
NOTE FOR THE RECORD: INTERSPERSED THROUGHOUT THE HEREIN
TRANSCRIPT ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH
STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS.
TRANSLATIONS WERE MADE BY MAYOR XAVIER L. SUAREZ.
-------------------------------------------------
350 July 22, 1998
MS. RODRIGUEZ: VIVO EN EL 2560 DE LA 22 TERRACE. FRENTE POR DONDE ESTA EL
SHOPPING QUE VAN A PONER. Y YO ESTOY DE ACUERDO CON EL SHOPPING QUE VAN A
PONER. ES SENCILLAMENTE LO QUE QUIERO. QUE ESTOY DE ACUERDO, BUENO. Y
GRACIAS.
TRANSLATION: I live at 2560 of Southwest 22nd Terrace.
Mayor Suarez: All right. We just need the address ma'am.
TRANSLATION CONTINUED: Right in front of whatever the project is. All right.
And I do support the project, the shopping. That's all I want to say.
Mayor Suarez: All right, very good. Very good. Thank you.
Mr. Cardenas: Thank you very much.
Ms. Xiomara Esperonarcia: MI NOMBRE ES XIOMARA ESPERON, 2550 SOUTHWEST 22
TERRACE Y ESTOY DE ACUERDO CON EL PROYECTO.
TRANSLATION: My name is Xiomara Esperon, 2550 Southwest 22nd Terrace, and I
support or I am in agreement with the project.
Mayor Suarez: Yes, ma'am.
Ms. Maria Suarez: MI NOMBRE ES MARIA SUAREZ. VIVO EN EL 2600.
TRANSLATION: My name is Maria Suarez. And...
Mayor Suarez: No relation to me.
Ms. Suarez: Yes.
Commissioner Alonso: That steals your heart.
Commissioner Plummer: It's allowed.
Ms. Suarez: 2600 Southwest 22nd Terrace. I approve the project.
Mayor Suarez: What - give the address again.
Ms. Suarez: 2600 Southwest 22nd Terrace.
Mayor Suarez: All right.
Ms. Suarez: I approve. YO APRUEBO EL PROJECTO. GRACIAS.
Mr. Cardenas: There are other neighbors here as well, but I also have letters
which I'm going to - of neighbors who are in the immediate vicinity who have
left, but who left letters saying they approve the project. The project,
Mayor, as proposed, there are a total of 84,000 square feet allowed for the
blueprint on the block. We're coming up with 49,000 square feet. The
allowance per zoning are a total of 361,000 square feet, the current zoning
category. And what we're offering you is a total of 49,000 square feet. The
total parking required is 166 parking spaces. We're offering you 233 parking
spaces. We have met with the neighbors and redesigned this project four
different times. We're bending over backwards. We're proposing something to
you which is less than 25 percent of building - of what is permitted to be
351 July 22, 1998
built there. We believe that we have bent over backwards. We've held the
property for three years. We've tried for three years... Two years ago, we
tried to do a Winn -Dixie Store. It was just unworkable because of the
neighbors' conditions. This time, we feel that we've met 90-some percent of
the concerns, and we feel, frankly, that we have gone overboard in shrinking
the size of the project, providing every single feature they want. The
fences, the bonding - I mean, there are 27 additional conditions the staff
proposed - setbacks, landscaping. Every single item that's been - they even
wanted the project on Coral Way Instead of towards the - what the conventional
method of building these things is. We did. The facade, we changed to
acquiesce a request. We built underground parking at greater expense to
provide 50 parking spaces more than the Code required. We have gone to the
point where this project is at the brink of no longer being feasible, based on
what was paid for the land and based on what's before you today. And Mayor
and members of the Commission, if there ever was depicted a project which
provided for the developer meeting almost every need of that neighborhood,
it's this particular project. I'm sorry that the experts that we've paid a
lot of money to to come her to testify won't have the time to, but I believe
you will find that they will tell you from a planning standpoint, from a
traffic standpoint, and from a real estate appraising standpoint, this is the
best possible product you can come up with, and I believe staff will agree
that we've gone a long ways toward meeting their needs. Thank you very much.
Mayor Suarez: Do you want to proffer their testimony in summarize form? I
don't want to do anything that gives you more legal rights than you might
have.
Mr. Cardenas: Yes. The traffic consultant undertook an intensive study of
the thing. They provided a traffic study to you - incidentally, staff has
requested that we pay for an additional traffic study to be completed before
we get a building permit, which we've agreed to do - and they have concluded
that In order to minimize traffic in the neighborhood, the most feasible
manner in which to design this project is with three entrances; one on 27th
Avenue, which we did not have originally, and we thank the neighbors, because
a number of the leading - of the leaders in the neighborhood group went to DOT
(Department of Transportation), inquired, and DOT reversed the position they
had earlier taken and permitted us to build an entrance there, which is what
the neighbors wanted. So that allowed us to provide them something that was
important to them. There's access in Coral Way, and we believe access on 25th
Avenue is important, because traffic coming westward bound on Coral Way has to
get into the project.
(INAUDIBLE COMMENT)
Commissioner Plummer: What?
Mr. Cardenas: If you don't have access on 25th Avenue...
Commissioner Plummer: So defer it.
Mr. Cardenas: ...you have to turn left on 25th Avenue, then go right in front
of 22nd Terrace, which is why these folks favor this proposal, and then turn
right again and go into the project through 27th Avenue or Coral Way. That
would be a lot more intrusive. As a matter of fact, the traffic planner would
352 July 22, 1998
have told you that the number of traffic trips generated by the cars coming
westward on Coral Way that want to go into the project are a lot more than
those that would be generated through the neighborhood, which is what the
neighbors are concerned, that would use the 25th Avenue entrance. So this
would be a lot less obtrusive than that.
Commissioner Plummer: Miller, Miller.
Mr. Cardenas: And frankly, I believe that if we had agreed not to have an
entrance on 25th Avenue, that many of the neighbors whom we spoke to would be
In favor of the project. But it's just not feasible to do it without that,
and it's a lot more intrusive for them.
Mayor Suarez: OK. That proffers the testimony of the expert?
Mr. Cardenas: Of the traffic expert, yes.
Commissioner Plummer: Well, may I...
Commissioner Alonso: So the only one difference you have is the 25th
entrance? Is that the only...
Mr. Sam Poole: No, ma'am.
Commissioner Alonso: No.
Mr. Cardenas: Yes, with staff that is, yes.
Commissioner Alonso: Oh, OK.
Commissioner Plummer: Well, may I inquire? Are we here about the covenants
that were previously given, or are we here - in reference to what, exactly?
What are they asking of this Commission?
Mr. Sergio Rodriguez (Assistant City Manager): They're trying to amend the
covenants that they proffered previously in relation to the zoning that they
have with this project.
Commissioner Plummer: OK. But is it a true statement that the covenants that
they previously had would allow that monstrosity?
Mr. Cardenas: Yes.
Mr. Rodriguez: Yes. The covenants they had before, and the zoning they had
before would allow that project.
Commissioner Plummer: That project.
Mayor Suarez: So the logical question that we have is, could they not have
come in, without having to get a waiver of any of the covenants, and build
something within that zoning envelope that is represented by that building,
Sergio, without having to get our approval?
Commissioner Plummer: Obvious - except for the moratorium on sewers.
353 July 22, 1998
Commissioner Alonso: Yes, they can.
Mayor Suarez: They...
Commissioner Plummer: No, I have...
Mayor Suarez: Is this as strange a question to staff as it seems to be?
Commissioner Plummer: Well, OK, Mr. Mayor, I only was asking what we were
here for. I just - if there is some area of compromise?
Commissioner Alonso: It is?
Mr. Rodriguez: I think you have to hear from the neighbors.
Commissioner Plummer: Well, that's, - you know, is there an area of
compromise? If there is, let's get down to the nitty gritty.
Mr. Cardenas: Uh, yeah. I thought that they...
Commissioner Plummer: If there's no area, let's deal with that.
Mr. Cardenas: Right. I thought that the compromises were...
Mayor Suarez: Wait, wait, wait, Mr. Cardenas.
Mr. Cardenas: Yeah.
Mayor Suarez: That was directed at staff. We're going to hear from their
side. Simple, legal question. If they could do that before, and they want to
do something substantially smaller, why are they here? Why are they modifying
any covenants? Why can't they stick with the...
Mr. Joel Maxwell (Assistant City Attorney): The approval that you had
before...
Commissioner Plummer: Was bound to the same plan.
Mr. Maxwell: ... was tied to the specific site plan.
Mayor Suarez: Was site specific?
Commissioner Plummer: Oh, yeah.
Mr. Maxwell: It was a site plan.
Mayor Suarez: All right. That, I guess, explains it. I'm not sure of the
logic of it, but go ahead.
Commissioner Plummer: Well, Mr. Mayor, very quickly, the reason why, they
could not build this building unless we closed the streets on the other side
that gave them no setbacks in the middle. That street that was there or is
there ran right down the middle of...
354 July 22, 1998
M1
Mayor Suarez: If we had true cumulative zoning, none of this would happen,
because it would be either encompassed or not by the prior approval. All
right.
Mr. Cardenas: We can pull building permits for that right now.
Mayor Suarez: Please, please, please, Mr. Cardenas. You're way beyond your
time.
Commissioner Dawkins: Certainly ten minutes.
Mr. Poole: Mr. Mayor and the City Commissioners, my name is Sam Poole. I'm
an attorney with Holland and Knight, offices at 1200 Brickell Avenue, and as
noted previously, I'm appearing here without fee. We are here to request that
you deny the requested amendments to the covenant for some very specific
reasons. We are not here because the neighborhood is opposed to development,
and you will see, Commissioner Plummer, we have a proposed alternative
project. The neighborhood wants development, but it wants development that is
consistent with the neighborhood, and simply to present this project is - I
guess the bottom line is, two wrongs don't make a right. Good cities made up
of good neighborhoodss don't happen simply by accident. Great places simply
don't arise out of the chaos of competing highest and best uses. Coral reefs
and algae have basically the same materials to work with, but the coral reefs
produce very highly organized communities that are beautiful to look at and
very rich and diverse; and algae, with the same light, water, nutrients,
produces slime. Great cities and great neighborhoods, like reefs, require a
very high degree of order to generate and maintain health and diversity. Note
that I'm not saying that all great cities are identical. No two coral reefs
are alike. No two people are alike. No two cities are alike. But there is a
genetic code to higher organisms, a code that organizes the pieces into a
functional whole, and if you break that code and you mix the genes, then you
get - you don't get a coral reef, or a person, or a city, but you get chaos.
Tonight...
Commissioner Plummer: Mr. Poole, sir, you're limited to ten minutes. I wish
You'd talk to the issue and not coral reefs.
Mr. Poole: Tonight, the critical element of the genetic code of cities is at
issue. That is precisely what is at issue, Commissioner Plummer.
Commissioner Plummer: The coral reef?
Mr. Poole: Changes at land uses - a fundamental of land use is that you
change the use at the rear lot line. Randy, can you hand out that first? If
you look all over the City of Miami, you will find that example, and including
on the very block that we're talking about. As you move to the east, the
tot - the land use change is on the rear lot line. You have commercial uses
that face Coral Way. At the rear lot line, it changes to single-family, as it
did on this particular site, until this was consolidated in 1984. Another
example, South Miami Avenue. You have the high-rises on Brickell. You have
multifamily uses that face them, and then immediately behind them, facing
Miami Avenue, you have very expensive single-family homes. It's a fundamental
principle of planning that is reinforced throughout this City and every other
355 July 22, 1998
El
city, every other urban environment, that you change uses on the rear lot
tine. If you look at this situation, it will now - this is precisely the
situation that you dealt with at Varadero. They wanted to take the parking
lot through to the street into the neighborhood, so that the neighbors in
that - on that street - would now be facing a parking lot instead of
residences.
Commissioner Plummer: Except we stopped them.
Mr. Poole: You did the right thing. And hopefully, you'll do the right thing
tonight. The second fundamental element that is at issue tonight is that when
you take different species and you breed them, you don't always get - in fact,
you seldom get a functional organism. Mr. Fraga's proposal follows what is
basically a suburban genetic code, especially in its extreme dependence upon
regional automobile trips for its customers. That code may or may not work in
the suburbs, but it does not work in the City. What happens in the City when
you try to do this, is you end up expanding Southwest 17th Avenue, Southwest
22nd Avenue, Calle Ocho, Southwest 7th Street. All those streets are now
converted into highways instead of urban streets.
Mayor Suarez: Without interrupting you too much, but kind of along the lines
of what Commissioner Plummer was suggesting that, could you - could I
interrupt you and suggest that you tell us what legal flexibility we have here
to - simply because we have a whole different project - to turn it down? I
mean, that's what I think we want to know about.
Mr. Poole: All right.
Commissioner Plummer: And I would like to see the compromise.
Mr. Poole: All right. What we have...
Mayor Suarez: And if there 1s room for a compromise.
Mr. Poole: We have worked very diligently...
Commissioner Plummer: If he said he had a compromise.
Commissioner Alonso: That's what he said.
Mr. Poole: Randy, go ahead with the second handout.
Mayor Suarez: Too much genetic code and you lose the microphone around here.
Mr. Poole: Back on? All right. The neighborhood and the neighbors have
worked very diligently. The association, I might add, the neighbors who are
here tonight that are not in agreement who are not part of the association and
have just recently come to the project. Mr. Fraga has, in fact, reduced his
proposal, but it is a square peg trying to fit into a round hole, and the only
way to get a square peg into a round hole is to make it a lot smaller. What
we propose and what you're seeing tonight in your handout, it has on Coral
Way, four stores on the ground floor, and four office buildings. It's a two-
story building. If you look in the back on the pro forma, page 5, the ground
floor has 37,314, so does the second floor, and it's flexible office retail.
356 July 22, 1998
It's a total of 74,628 square feet. It also has 18 two-story townhomes. If
you look at the parking, it meets the parking requirements with ease. This is
not a specific proposal. It's simply an example to show that when you try and
put a round peg in a round hole, you get a lot more. What we have - the
controversy that we have come back to time and time again is, as you try and
force a suburban model into an urban condition, you end up with chaos, you end
up with streets that are crowded, and that you only have to look across the
street to Publix to see this problem that this is going to create.
Mayor Suarez: What you have is a residential ring around; is what what you've
got? Is that what I see?
Mr. Poole: What we want to do is have - and what we've asked all along, from
the beginning - is to have a residential face on 22nd Terrace, as we did
before, and as continues from 27th Avenue all the way in. That's the
condition. So it isn't a matter of use intensity. It's not against a
project. It's simply saying that you've got to respect the fundamental city -
building principle that residential must face residential. If it faces a
commercial parking lot...
Mayor Suarez: Well, the GDC (General Development Corporation) Building right
back here in Coconut Grove, which is otherwise a bit of a monstrosity does
have residential in the back, and it seems to be successful.
Mr. Poole: That was an attempt to recognize that principle. It comes out a
little weird in that building, but that 1s, 1n fact, the same principle that
is at issue here.
Mayor Suarez: Understanding that we don't have the ability to Impose our idea
of what we'd like to see there, I don't think. Under this process, we can
either turn it down or approve it, unless you want to take a deferral and
further consider this. But you didn't really answer my question. What legal
flexibility do we have to turn down? What are the criteria that we would
apply. I mean, it's clearly less volume, less intrusive, in the sense of
commercial going into residential, but we are a whole new Commission from the
one 1n 1984. We can apply, presumably, different criteria of what we'd like
to see in the area, can we not?
Mr. Joel Maxwell (City Attorney): You're constrained by the zoning
classification for that area, Commissioner. That's pretty much it. And it -
what - you would be able to put any reasonable conditions or modify it in any
way that you deem reasonable, still constrained by the zoning classification.
That would be the ceiling; the zoning classification for that district.
Mr. Cardenas: Zoning permits 12 stories and 361,000 square feet.
Commissioner Plummer: But that's not what we're here about. Am I correct?
Mayor Suarez: Yeah. I mean, what - how does that answer my question?
Commissioner Plummer: Joel, is that what we're here all about? I thought we
were here talking to the convenants that were previously given.
357 July 22, 1998
Mr. Maxwell: That's right. What the Mayor asked me was how were they
constrained, how are you constrained by it. So you can allow pretty much
any - you can allow it and modify it in any way you like as long as you don't
permit something...
Mayor Suarez: Or not allow, or not allow.
Mr. Maxwell: That's correct. That's correct.
Mayor Suarez: I mean, we can reimpose whatever the Commission at the time did
not impose by way of criteria in allowing this initial, rather large
structure...
Mr. Maxwell: Or you...
Mayor Suarez: ... and commercial intrusion into residential. We can now
decide that we don't want to allow it now.
Mr. Cardenas: Yes.
Mr. Maxwell: That's correct. Or you can simply say the covenant remains as
it is, or you can say everything remains as it is.
Mr. Cardenas: Yes. Mayor, and rest assured...
Mayor Suarez: Well, that doesn't really get us...
Mr. Cardenas: Right.
Mayor Suarez: ... necessarily what we want from the standpoints of the
residents. But...
Mr. Cardenas: Yeah. Mayor, the...
Mayor Suarez: ... but - I'm sorry.
finish it, and then we'll decide.
Mr. Poole: OK.
I interrupted his presentation. Try to
Mayor Suarez: And Al, there may be an opportunity for rebuttal here, although
I don't know...
Mr. Poole: The basic issue...
Mayor Suarez: ...that it would help.
Mr. Poole: We have tried, as has been stated over the last three months, to
work with the applicant here. Each time, the applicant has gone and come back
with a proposal, no proposal has contained that residential face on 22nd
Terrace.
Mayor Suarez: Out of curiosity, from your perspective, were the 27 conditions
that he refers to pretty much the ones that you suggested and that he claims
he met 26 out of 27, if I remember correctly?
358 July 22, 1998
Mr. Poole: The combination of requests from the neighborhood association and
from staff.
Mayor Suarez: OK. But obviously, some were not recommended by staff,
Including it being ringed by residential, et cetera.
Mr. Poole: That's right, and...
Mayor Suarez: What was the other one that was recommended by staff that he
did comply with? I don't know. I don't know if that's a particularly
Important one for you. Maybe I shouldn't even get into that.
Mr. Rodriguez: The - also, the entrance that they proposed through 25th
Avenue, we're not recommending that.
Mr. Poole: That's the only one. That's the only one.
Mayor Suarez: That's the one.
Mr. Rodriguez: And the entrance through 22nd Terrace for loading, we had not
recommended that, either.
Mayor Suarez: And the total amount of retail that you are proposing is
substantially less than what he's proposing; is that correct?
Mr. Poole: Thirty-seven thousand feet versus, I think, 48,000 or 49,000 feet.
Mayor Suarez: Right.
Mr. Poole: And then it has an additional 37...
Mayor Suarez: But you're talking two stories. How many was his?
Mr. Poole: That's correct. This is an urban model, not a suburban model.
That's the difference.
Mayor Suarez: Just want to know the quantities.
Mr. Poole: OK.
Mayor Suarez: You're talking 75,000 square feet. You were talking how much,
Al?
Mr. Cardenas: Total of 49.
Mr. Poole: Plus 18 townhomes.
Mayor Suarez: Forty-nine per floor?
Mr. Cardenas: No, no, no. One floor. We only have one floor.
Mayor Suarez: You only have one floor.
359 July 22, 1998
OL
Commissioner Alonso: Oh, they have one floor. You're talking about two.
Commissioner Plummer: No townhouses in his.
Commissioner Alonso: Yeah.
Mr. Cardenas: Total of 49,000 square foot for the project.
Mayor Suarez: You would have gone to 75 for two floors, if you otherwise
followed your pattern and so on.
Mr. Cardenas: Right.
Mayor Suarez: You would have ended up with more retail.
Mr. Poole: And in addition to that, 18 townhomes.
Mayor Suarez: Yeah, I'd buy there.
Commissioner Plummer: But Al, yours does not contain any townhouses, no
residential.
Commissioner Alonso: No.
Mr. Cardenas: No, sir. And as a matter of fact, we reviewed their proposal,
paid a lot of money to a real estate appraiser, to see in good faith if we
could do it. He's here. He will tell you that for us to break even, each of
those townhomes would have to be sold between a hundred and twenty to a
hundred and thirty thousand dollars. And the homes in that area, the nice
homes that they live in, which are becoming very popular, wood floors, nice
yard, are selling in the average of $100,000. So you're asking people...
Commissioner Alonso: I don't believe so. No, I don't believe so. No way.
(AUDIENCE SHOUTING)
Mayor Suarez: Please, please, please.
Mr. Cardenas: Wait, wait. Anyway, other units are selling higher.
Commissioner Alonso: That's not true.
Mr. Cardenas: But the point is that you cannot sell a townhome for between a
hundred and twenty to a hundred and thirty thousand dollars in a parcel which
overlooks that particular property.
Mayor Suarez: All right.
Mr. Cardenas: And the expert is here. He will testify, because he did the
comparables.
Mayor Suarez: Well, maybe you just sort of put together the wrong components.
If you make something - a commercial building really ugly, then you won't sell
any residential next to it, but, I mean, that's...
360 July 22, 1998
Commissioner Dawkins: Mr. Mayor, are we going to conclude this, or are we
going to defer it to the next meeting?
Mayor Suarez: All right. Mr. Poole, you're going to conclude and then we're
going to vote. And if at any time it looks like deferring might be acceptable
to both sides, we'll certainly do that. Mr. Milian.
Mr. Arsenio Milian: Mr. Mayor, my name is Arsenio Milian. I am the vice
president of the Silver Bluff Homeowners Association. As indicated by Mr.
Cardenas, we have been working diligently with the developer, trying to find a
compromise and to satisfy some of the concerns that we have with respect to
traffic, noise, lights, and a lot of other issues - parking. You are all very
much aware of what we're facing west of 27th Avenue, in front - where the
Pub11x and the Eckerd's exist at the present time, where all the parking is
being used in front of the residential lots, and those houses have decreased
tremendously in value. This neighborhood is very proud of the stability, it's
a good neighborhood, and we want to protect it. And ten years ago, we came
here and we said, it's wrong to change the zoning from residential to
commercial, and we were fighting it all the way, and just we lost. Certain
covenants were imposed on that change to satisfy the neighbors' concerns, and
that is the reason why we're here today. If it were not because of those
covenants, they could have built whatever they wanted, in a commercial entity,
commercial site. They have selected not to build whatever was approved,
because it's a monstrosity, and because it would be economically unfeasible.
Now, they're coming to you asking for changes, and that opens the door, as far
as we are concerned, to try to minimize any impact that it will have on our
neighborhood. If the Commission decides not to allow these changes into
residential, we want to make sure that all of these concerns are being
addressed. We have been working in good faith for more than two years. As of
last night, we had a meeting in our association, and we had discussions about
all of these different covenants, and I tried to explain to them how far we
have gone into the compromises, and how far Mr. Fraga has given in in some of
those covenants.
Commissioner Plummer: I don't concur with the townhouses.
Commissioner Alonso: Huh?
Commissioner Plummer: I don't concur with the townhouses. I wouldn't want to
live next door to the property.
Commissioner Alonso: No.
Mr. Milian: However, last night, for the first time, we were shown a
different site plan, a plan that would show an entrance on 25th Avenue. That
has never been presented to us. We have always been working on a site plan
where 27th Avenue and Coral Way would be -the only access that it would have to
this - to this shopping center. i was very much instrumental in getting them
the access on 27th Avenue, which they claimed that it could never be done.
And I went with a group of other members of the association, and we were able
to obtain that from DOT; something that their experts, paid experts could not
obtain. Why? Because we are concerned. We want to protect our neighborhood,
we want to protect our properties, and they have the right, but we have also a
361 July 22, 1998
right to protect ourselves. And that is why we want you to consider all of
these covenants. They are claiming a lot of things on those covenants.
They're claiming there are 27. They are just plain - some of them are plain
cosmetics. The only important issues that we have is access, to prevent all
that traffic flow from getting into our neighborhood, by not allowing entrance
on 22nd Terrace and 25th Avenue. And as of yesterday, they had accepted it.
And they came in last night with a different site plan, which has not even
been looked at by your staff. So I beg you, if you're not going to be
considering our request to change into residential, to make sure that all of
these covenants that we are requesting and that they have accepted, with the
addition of the ones - of no access on 25th Avenue - be considered very
seriously, to protect...
Commissioner Plummer: And the legal department tells me they haven't even
seen the covenant.
Mr. Maxwell: That's correct.
Mr. Cardenas: But that's - that's covered...
Commissioner Plummer: You haven't seen the plan, they haven't seen the
covenant. Mr. Mayor, I'll tell you something. I'm moving to defer.
Mayor Suarez: OK.
Commissioner Plummer: This thing is coming together here and nobody has seen
anything.
Mr. Cardenas: One of the conditions that staff proposed is that we have 60
days...
Commissioner Dawkins: I second.
Mayor Suarez: Al, it would either be that or a denial, so take the deferral
and...
Commissioner Plummer: I got to tell you something. First of all, I'm going
to tell this side what they don't want to hear. I have already told you what
you don't want to hear. I, under no circumstances, would want to live in a
townhouse that backs up to a project such as this. I think it's crazy.
That's my opinion, OK?
(APPLAUSE)
Commissioner Plummer: In my mind, I have gone down 22nd Terrace down to
almost 37th Avenue, and I don't know, but there's maybe a handful, at the
most, of residences that face residences from the back of commercial. It's...
(APPLAUSE)
Commissioner Plummer: Please, please. This is not Ted Mack Amateur Hour.
Mayor Suarez: He always manages to say something that confuses both sides, so
don't worry about it.
362 July 22, 1998
Commissioner Plummer: I just - I'm telling you that I think - Mr. Mayor, I
think you can do - Sam, you can do a fantastic job with landscaping, which is
what you're trying to accomplish, without the residence. I think the
residence would be a detriment, they're not going to sell, they're going to
wind up being just people who don't want to take care of them, they don't give
a damn. I wouldn't live 1n one of them. I don't know what this does when you
show a ramp that doesn't tell me what is the parking. Is the parking up and
down?
Mr. Poole: Yes.
Commissioner Plummer: You only show me one floor, which is 105. You could
have more surface parking without the townhouses on there.
Commissioner Dawkins: Are you going to defer this, or are you going to go on
and talk so we can pass it?
Commissioner Plummer: Sir, I'm trying to tell you where I'm coming from, OK?
Commissioner Dawkins: Well, tell me what - what are you going to do with it?
Commissioner Plummer: What?
Commissioner Dawkins: What are we going to do with it.
Commissioner Plummer: Well, I'm telling you that I think that the law
department hasn't seen the covenants, they haven't seen the site plan.
They're talking about they saw a different site plan last night. How can we
sit here and vote on it Intelligently.
Vice Mayor De Yurre: Call the question.
Commissioner Alonso: What question?
Commissioner Plummer: Another country...
Mayor Suarez: The motion to defer...
Commissioner Alonso: Defer.
Mayor Suarez: ... is before us.
Commissioner Alonso: OK.
Mayor Suarez: We have a request to call the question, and I am inclined to go
ahead and vote on the motion. I'd also be ready to vote on the item myself,
substantively.
Commissioner Alonso: Me, too.
Mayor Suarez: And apparently at least one other Commissioner would, but we'll
try that, I guess. Call the roll on the item.
363 July 22, 1998
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-502
A MOTION TO CONTINUE AGENDA ITEM PZ-9 (PROPOSED
RESOLUTION REQUESTING THE AMENDMENT AND MODIFICATION
OF AN EXISTING ZONING COVENANT RUNNING WITH THE LAND
FOR PROPERTY AT THE SOUTHEAST CORNER OF S.W. 27 AVENUE
AND CORAL WAY (S.W. 22 STREET) WHICH RELATES TO A 1984
ZONING APPLICATION REQUESTED BY THEN APPLICANT, CORAL
WAY PROPERTIES).
Upon being seconded by Commissioner Dawkins, 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.
53. (Continued discussion) AMEND 92-619, WHICH AUTHORIZED RAILWAY CLERKS
TITLE HOLDING COMPANY AND THE SCHOOL BOARD OF DADE COUNTY TO CONSTRUCT /
MAINTAIN TWO PEDESTRIAN OVERPASSES / WALKWAYS OVER / ACROSS N.E. 2ND
AVENUE NORTH OF N.E. 15 STREET BETWEEN THE JEFFERSON PARKING GARAGE AND
THE JEFFERSON BUILDING, CONDITIONED UPON EXECUTION OF A COVENANT TO
INDEMNIFY THE CITY TO CORRECT A SCRIVENER'S ERROR. (See label 50)
Commissioner Dawkins: Mr. Mayor, I think Mr. Plummer has not called the rule
on this resolution. He's going to rescind the rule, so I'd like to move the
resolution amending the railroad and the school board and what have you. I so
move.
Vice Mayor De Yurre: Second.
Mayor Suarez: So moved and seconded. Any discussion on that item? If not,
please call the roll.
364 July 22, 1998
d
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-503
A RESOLUTION AMENDING RESOLUTION NO. 92-619, ADOPTED
OCTOBER 8, 1992, WHICH AUTHORIZED AND PERMITTED
RAILWAY CLERKS TITLE HOLDING COMPANY AND THE SCHOOL
BOARD OF DADE COUNTY, FLORIDA, TO CONSTRUCT AND
MAINTAIN TWO PEDESTRIAN OVERPASSES AND WALKWAYS OVER
AND ACROSS NORTHEAST 2ND AVENUE, APPROXIMATELY 80 FEET
NORTH OF NORTHEAST 15 STREET BETWEEN THE JEFFERSON
PARKING GARAGE AND THE JEFFERSON BUILDING, MIAMI,
FLORIDA, CONDITIONED UPON THE EXECUTION OF A COVENANT
TO INDEMNIFY IN FAVOR OF THE CITY, TO CORRECT BY THE
HEREIN RESOLUTION A SCRIVENER'S ERROR IN RESOLUTION
NO. 92-619 AND SAID COVENANT, THEREBY REQUIRING THAT
THE MINIMUM CLEARANCE ABOVE NORTHEAST 2ND AVENUE BE
CHANGED FROM 20 FEET TO 17 FEET; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID COVENANT, AS AMENDED
BY THIS RESOLUTION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY ON BEHALF OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, 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:
Mr. Maxwell: Mr. Mayor, Mr. Mayor, it is to continue PZ-10 to the next PZ
agenda as well.
Mayor Suarez: OK. Please, folks. We tried real hard to dispose of the item.
We didn't quite get there, so let us complete our agenda, please.
365 July 22, 1998
MW
54. RESTORE $100,000 FUNDING FOR GREATER MIAMI NEIGHBORHOOD FOR TECHNICAL
ASSISTANCE FROM CDBG FUNDS.
Mayor Suarez: We have to continue the other item, right? PZ-10?
Commissioner Alonso: Mr. Mayor, may I talk about this?
Mayor Suarez: Yes, please.
Mr. Maxwell: PZ-10...
Commissioner Alonso: We need to restore funding $100,000 for the Greater
Miami Neighborhood for the technical assistance of...
Mayor Suarez: Where is that coming from?
Commissioner Alonso: It's from the - the CDBG (Community Development Block
Grant) funding.
Mayor Suarez: CDBG?
Commissioner Alonso: Yes, yeah.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 93-504
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 93-
417, ADOPTED JULY 6, 1993, RELATED TO THE EXECUTION OF
INDIVIDUAL CONTRACTUAL AGREEMENTS WITH SEVEN (7)
NEIGHBORHOOD BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS ("CDCs") FOR THE PURPOSE OF UNDERTAKING
ACTIVITIES TO STIMULATE THE DEVELOPMENT OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND
INDIVIDUALS, THEREBY ADDING GREATER MIAMI
NEIGHBORHOODS, INC., TO THE HEREINABOVE CDC RECIPIENTS
TO BE FUNDED IN THE AMOUNT OF $100,000; FURTHER,
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL
AGREEMENT WITH SAID CDC, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; ALLOCATING FUNDS THEREFOR FROM
NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
366 July 22, 1998
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Commissioner J. L. Plummer, Jr.
- -----------------------------------------------
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Plummer requested of the Clerk to be shown in
agreement with the motion.
-------------------------------------------------
Mayor Suarez: And we're continuing PZ-10?
Mr. Joel Maxwell (Assistant Attorney): Yes, sir,
Commissioner Plummer: Whoa, whoa, whoa. What was that for?
Commissioner Dawkins: That's that Miami...
Mayor Suarez: Greater Miami neighborhoods.
Commissioner Alonso: Greater Miami neighborhoods.
Commissioner Plummer: It's going to who?
Commissioner Alonso: To them.
Commissioner Plummer: Who?
Commissioner Alonso: For the assistance.
Commissioner Plummer: For which one?
Commissioner Alonso: Greater Miami neighborhoods. For the technical
assistance.
Commissioner Plummer: Is that a Miami organization, or is that a private
organization?
Commissioner Dawkins: No, that's a - not for profit, Countywide.
Commissioner Alonso: Miami. It's the the one that we have seen before.
Commissioner Dawkins: We told him...
Commissioner Plummer: The City, or Mr. Godoy?
367 July 22, 1998
Commissioner Dawkins: Oh, no, no, no.
Commissioner Alonso: No, that has nothing to do with them, no.
Mayor Suarez: No, no. It's...
Commissioner Alonso: No, no, no. It's for technical assistance to the City.
Mayor Suarez: I can think of the guy's face, but I can't think of his name
right now.
Commissioner Alonso: Yeah.
Mayor Suarez: Call the roll on the item, then. I'm sorry, are we on - on
the...
Mr. Walter Foeman: (Assistant City Clerk): The continuance.
----------------------------------------------------------------------------
55. CONTINUE (TO SECOND MEETING IN SEPTEMBER) PROPOSED RESOLUTION REQUESTING
TO PROHIBIT ACCESS TO CERTAIN STREETS (PER CODE SECTION 54.17): (a) S.W.
22 TERRACE 100' EAST OF S.W. 27 AVENUE; AND (b) S.W. 25 AVENUE 100'
SOUTH OF CORAL WAY (S.W. 22 STREET) - AND TO AMEND / MODIFY A ZONING
COVENANT RUNNING WITH THE LAND FOR PROPERTY LOCATED AT S.E. CORNER OF
S.W. 27 AVENUE AND CORAL WAY. (Applicant: A1ena Coral Way Properties,
Inc.)
------------------------------------------------------------------------------
Mayor Suarez: Please. On the continuance of PZ-10.
Commissioner Dawkins: So moved.
Commissioner Alonso: Moved. Please, please ma'am, please. We're going to
finish the item. You can have the Commissioner all you want.
Commissioner Dawkins: Second, second, J.L., second. Go ahead.
Mayor Suarez: Call the roll. Please.
Commissioner Alonso: The defer - may I ask, please, they are asking the
deferral that we just did...
Mayor Suarez: It would be for the second meeting in September.
Commissioner Alonso: Second meeting.
Mayor Suarez: Which is 21.
Mr. Maxwell: The continuance is for the same date.
368 July 22, 1998
Mayor Suarez:
administratively.
agenda, please.
That's a fair request. We'll take care of that
Make sure that the item comes up at the beginning of the
Commissioner Alonso: Yes, so they don't have the same situation.
Mayor Suarez: Thank you. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, ITEM PZ-10 (PROPOSED
CLOSURE OF CERTAIN STREETS) WAS CONTINUED TO SEPTEMBER
21, 1993 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 10:18 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
MAYOR
•
369 July 22, 1998