HomeMy WebLinkAboutCC 1992-09-24 Minutes10
41
OF MIAMI
G� Y
I NCORI,
IN
CpafLO
OF
MEETING
HELD
ON
- SEPTEMBER 24,
1992
PLANNING AND
ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
SEPTENBER 24, 1992
ITEM SUBJECT
NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL
ITEMS
A) COMMENDATION: OFFICER RICHARD
GENTRY -- MOST OUTSTANDING OFFICER FOR
JUNE.
B) COMMENDATION: OFFICER TIMOTHY
YOUNG -- MOST OUTSTANDING OFFICER FOR
JULY.
C) COMMENDATION: OFFICER WILLIAM
ALVAREZ AND OFFICER STEVEN CACERS --
MOST OUTSTANDING OFFICERS FOR AUGUST.
2. A) COMMISSIONER PLUMMER GIVES PUBLIC
APOLOGY AND REGRETS POOR CHOICE OF
WORDS EXPRESSED BY HIM IN THE HEAT OF
DISCUSSION CONCERNING STATEMENTS MADE
ON VIDEOTAPE BY MEMBERS OF THE POLICE
DEPARTMENT -- AL COTERA, REPRESENTATIVE
OF FRATERNAL ORDER OF POLICE, ACCEPTS
COMMISSIONER PLUMMER'S APOLOGY BUT
PLACES PREPARED STATEMENT INTO PUBLIC
RECORD.
(B) COMMISSIONER DAWKINS READS INTO
PUBLIC RECORD MEMORANDUM SENT TO
A.F.S.C.M.E. LOCAL COMMENDING ALL
EMPLOYEES ON ACCOUNT OF EXEMPLARY
RESPONSE DURING HURRICANE ANDREW.
3. DISCUSSION CONCERNING RUMORS OF
POSSIBLE OUSTING OF CITY MANAGER.
4. (A) AUTHORIZE ALLOCATION OF $1,500 TO
THE WQBA SCHOLARSHIP FUND TO BE USED
FOR EDUCATION OF YOUNG CHILDREN.
(B) CONTINUED DISCUSSION CONCERNING
RUMORS OF POSSIBLE OUSTING OF CITY
MANAGER.
LEGISLATION PAGE
NO.
DISCUSSION 2
9/24/92
DISCUSSION 2-4
9/24/92
DISCUSSION 5-6
9/24/92
R 92-563 6-9
DISCUSSION
9/24/92
5� BRIEF COMMENTS CONCERNING LETTER DISCUSSION 9
WRITTEN BY MR.. KAPUSTIN IN LOCAL 9/24/92
NEWSPAPER BY MR. KAPUSTIN.
6.
WAIVE PRIOR BUDGETARY EXPENDITURE
M 92-564
10-15
CONSTRAINTS ON MIAMI SPORTS AND
9/24/92
EXHIBITION AUTHORITY -- AUTHORIZE
EXPENDITURE OF $79000 TO HONOR PRIOR
COMMITMENT FOR CARPET INSTALLATION IN
ORANGE BOWL STADIUM OFFICES.
7.
CONSENT AGENDA
DISCUSSION
15-17
9/24/92
7.1
ACCEPT BID: LEADEX CORPORATION -- FOR
R 92-565
18
DORSEY PARK REHABILITATION RECREATION
9/24/92
BUILDING B-6201-A (CIP 331357).
7.2
DECLARE MOST ADVANTAGEOUS METHOD TO
R 92-566
18
DEVELOP IMPROVEMENTS TO CITY -OWNED
9/24/92
OLYMPIA BUILDING IS UTILIZATION OF
UNIFIED DEVELOPMENT PROJECT (UDP) --
FOR REDEVELOPMENT OF THE BUILDING FOR
RESIDENTIAL, ANCILLARY RETAIL,
RESTAURANT AND CULTURAL USE AT 174 E.
FLAGLER STREET.
7.3
CHANGE CODESIGNATION OF S.E. 2ND STREET
R 92-567
19
FROM S.E. 1ST AVENUE TO S.E. 2ND AVENUE
9/24/92
FROM "CENTRUST FINANCIAL CENTER" TO
"INTERNATIONAL PLACE".
8.
ACCEPT BID: AARYA CONSTRUCTION AND
R 92-568
19-21
DESIGN, INC. -- FOR ROBERT KING HIGH
9/24/92
PARK BRIDGE REPAIRS B-2950 (CIP
331315).
9.
ACCEPT BID: AGILE COURTS, INC. -- FOR
R 92-569
21-24
RESURFACING OF THREE TENNIS COURTS AT
9/24/92
KIRK MUNROE PARK (Department of Parks
and Recreation).
OF -
(A) AUTHORIZE MANAGER TO EXECUTE
R 92-570
AMENDMENT NO. 1 TO AGREEMENT WITH
DISCUSSION
RUSSELL PARTNERSHIPS, INC., -- PROVIDE
9/24/92
INCREASE OF $S,000 FOR PROFESSIONAL
DESIGN SERVICES FOR CONSTRUCTION OF NEW
RECREATION BUILDING IN MORNINGSIDE PARK
(CIP 331313: MORNINGSIDE PARK
RENOVATIONS).
(B) COMMISSIONER PLUMMER EXPRESSES
CONCERN IN CONNECTION WITH NEWSPAPER
EDITORIAL ALLEGING THAT BAYFRONT PARK
IS NOT BEING CLEANED UP AFTER THE
HURRICANE AND THAT IT IS NOT SAFE --
REFER TO MANAGER
11.
(A) EXECUTE AGREEMENT WITH OMNICOM,
M 92-571
INC. -- TO CONDUCT FEASIBILITY STUDY OF
9/24/92
A CONSOLIDATED LAW ENFORCEMENT & FIRE /
EMS DISPATCH CENTER.
(B) CITY MANAGER STATES HIS
CREDENTIALS ON THE RECORD.
12.
DISCUSS AND DEFER CONSIDERATION OF
M 92-572
PROPOSED FIRST READING ORDINANCE
9/24/92
AMENDING CODE SECTION 38-73, TO PROVIDE
THAT A CITY COMMISSIONER SHALL SERVE EX
OFFICIO AS A VOTING MEMBER AND
CHAIRPERSON OF THE BAYFRONT PARK
MANAGEMENT TRUST, ON A ROTATION BASIS.
13. FIRST READING ORDINANCE: AMEND CODE
CHAPTER 54.5 (SUBDIVISION REGULATIONS),
SECTION 54.5-15 (ENCROACHMENTS ON OR IN
RIGHTS -OF -WAY, PUBLIC EASEMENTS,
PRIVATE EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS) -- PROVIDE
MECHANISM TO PERMIT ENCROACHMENT OF A
VEHICULAR OVERPASS ABOVE RIGHTS -OF -WAY,
PUBLIC EASEMENTS OR EMERGENCY ACCESS
EASEMENTS.
14. DISCUSS AND DEFER CONSIDERATION OF
PROPOSED RESOLUTION SETTING FORTH NEW
SPECIAL PROGRAMS AND EVENTS TO BE
PRODUCED / CABLECAST ON CITY'S
MUNICIPAL ACCESS CABLE CHANNEL "MIAMI
NET 9" DURING OCTOBER, 1992.
24-25
29-36
36-37
ORDINANCE 37-42
FIRST READING
9/24/92
M 92-573 42-60
9/24/92
I
IB.
(A) ESTABLISH POLICY OF THE CITY
M 92-574
61-67
COMMISSION TO ENSURE THAT ALL FUTURE
R 92-575
CERTIFICATION COMMITTEES TO EVALUATE
9/24/92
REQUESTS FOR PROFESSIONAL SERVICES BE
CONSTITUTED WITH A MEMBERSHIP RATIO
SUCH THAT THERE WILL ALWAYS BE MORE
MEMBERS FROM THE PRIVATE SECTOR THAN
MEMBERS APPOINTED BY THE CITY MANAGER.
(8) DESIGNATE AS CATEGORY "B" PROJECT
ACQUISITION OF PLANNING AND DESIGN
SERVICES (INCLUDING PREPARATION OF
CONSTRUCTION DOCUMENTS) FOR THE TOWER
THEATER RENOVATION PROJECT -- APPOINT
CERTIFICATION COMMITTEE -- APPOINT
HERBERT J. BAILEY AS CHAIRPERSON.
16.
RATIFY AND REAFFIRM SELECTION OF
R 92-576
67-75
WACKENHUT CORPORATION FOR PROVISION OF
9/24/92
ARMED PRIVATE SECURITY SERVICES FOR THE
FLAGLER / CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT AND
FLAGLER / CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT EXPANSION
DISTRICT.
17.
(A) AUTHORIZE MANAGER TO EXECUTE
R 92-577
76-97
AGREEMENT WITH HOLLAND & KNIGHT -- FOR
M 92-578
PROFESSIONAL LEGISLATIVE CONSULTATION
M 92-579
SERVICES.
9/24/92
(B) INSTRUCT ADMINISTRATION TO EXPLORE
POSSIBILITY OF HIRING A LOBBYING FIRM
TO REPRESENT THE CITY IN MATTERS
INVOLVING METROPOLITAN DADE COUNTY (See
label 19).
18.
REQUEST DIVISION OF FORESTRY, FLORIDA
R 92-580
98-99
DEPARTMENT OF AGRICULTURE AND CONSUMER
9/24/92
SERVICES, TO CONDUCT A SURVEY TO
DETERMINE WHETHER THE DEPARTMENT SHOULD
PROVIDE THE CITY WITH THE SERVICES OF
AN URBAN FORESTER TO ASSIST FOLLOWING
SEVERE TREE DAMAGE CAUSED BY HURRICANE
ANDREW.
19.
(Continued Discussion) INSTRUCT MANAGER
M 92-581
99-102
TO INITIATE A COMPETITIVE NEGOTIATIONS
9/24/92
PROCESS TO ENGAGE PROFESSIONAL
LEGISLATIVE CONSULTATION SERVICES TO
LOBBY ON BEHALF OF THE CITY IN MATTERS
DEALING WITH METROPOLITAN DADE COUNTY
(See label 17).
x
20.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 102-104
CONSIDERATION OF PROPOSED RESOLUTION TO
9124192
EXECUTE AMENDMENT NO. 8 TO AGREEMENT WITH
DELOITTE AND TOUCHE (CERTIFIED PUBLIC
ACCOUNTANTS), IN ASSOCIATION WITH: (a)
SHARPTON, BRUNSON AND COMPANY, PA; (b)
VERDEJA, IRIONDO AND GRAVIER; AND (c)
WATSON AND COMPANY, PA -- FOR EXTERNAL
AUDITING SERVICES RELATED TO THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1992, AND
PREPARATION OF ANNUAL COMPLIANCE REPORTS
(See label 25).
21.
APPROVE REQUEST BY REPRESENTATIVES OF THE
R 92-582 105-106
PIG BOWL CHARITY FUND TO USE WATSON ISLAND
9/24/92
FOR THE MIAMI - CITY OF NATIONS HOLIDAY
FESTIVAL, SUBJECT TO SUCCESSFUL
NEGOTIATION OF INTENDED DONATION.
22.
DISCUSS AND REFER TO ADMINISTRATION A
DISCUSSION 106-111
MATTER BROUGHT FORTH BY MR. ADI CHABLI
9/24/92
CONCERNING A "NOTICE OF ENCROACHMENT" FOR
PROPERTY LOCATED AT 3099 OAK AVENUE.
23.
ADMINISTRATION REQUESTS UPGRADE IN
DISCUSSION 112-116
CONNECTION WITH PENDING INVESTIGATION OF
9/24/92
MR. WILLIAM MORALES, PREVIOUSLY A DIRECTOR
OF THE DE HOSTOS SENIOR CENTER.
24.
GRANT FUNDING REQUEST BY REPRESENTATIVE OF
M 92-583 116-124
HAITIAN AMERICAN FOUNDATION, INC. -- FOR
9/24/92
ACQUISITION OF A BUILDING IN LITTLE
HAITI -- AUTHORIZE ALLOCATION OF $50,000
PER YEAR FOR TWO YEARS.
25.
(Continued Discussion) CONTINUE
M 92-584 124-130
CONSIDERATION OF PROPOSED RESOLUTION TO
9/24/92
AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO.
8 TO AN AGREEMENT WITH DELOITTE AND
TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, FOR
EXTERNAL AUDITING SERVICES RELATED TO
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FY 192 -- INSTRUCT MANAGER TO RECOMMEND ON
HAVING AUDITORS HIRED DIRECTLY BY
COMMISSION (See label 20)
26.
ACCEPT DONATION: 24 CELLULAR PHONES,
R 92-585 130-132
BATTERY SAVERS, BATTERY CHARGERS, EXTRA
9/24/92
BATTERIES, ETC. -- FROM CELLULAR ONE CO.,
FOR THE NET CENTERS.
27.
BRIEFLY DISCUSS AND WITHDRAW PROPOSED
DISCUSSION
132-133
RESOLUTION TO ACCEPT PROPOSAL OF MT.
9/24/92
SINAI MEDICAL CENTER OF GREATER MIAMI,
INC. TO FURNISH PHYSICAL EXAMINATIONS
FOR DEPARTMENT OF PERSONNEL MANAGEMENT.
28.
DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
133-135
PROPOSED RESOLUTION TO AUTHORIZE
9/24/92
DIRECTOR OF FINANCE TO PAY ATTORNEY
JOHN J. SPIEGEL (District Court Casa
No. 88-412-CIV-RYSKAMP).
29.
AUTHORIZE CONTRIBUTION TO YOUTH OF
R 92-586
135-136
AMERICA ROLE MODELS ACTIVITIES TRIP
9/24/92
(SPONSORED THROUGH MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION).
30.
(A) AUTHORIZE CONTRIBUTION TO YOUTH
R 92-587
136-138
CRIME AND DRUG PREVENTION SOCCER
R 92-587.1
LEAGUE.
R 92-587.2
(B) AUTHORIZE CONTRIBUTION TO ROBBERY
9/24/92
TACTICAL DETAIL.
(C) AUTHORIZE FUNDING OF A MOTEL SQUAD.
31.
(A) AUTHORIZE PURCHASE OF 35 CALL CHECK
R 92-588
138-140
RECORDERS (UNDER STATE OF FLORIDA
R 92-588.1
CONTRACT NO. 725-630-90-1) -- FROM
R 92-588.2
DICTAPHONE CORPORATION.
9/24/92
(B) ACCEPT BID: CORE CONCEPTS, INC. --
FOR FURNISHING AND INSTALLATION OF E-
911 CALLER WORKSTATIONS FOR POLICE
DEPARTMENT.
(C) ACCEPT BIDS: (a) COMPUTER
RESOLUTIONS, AND (b) W.E. COLEMAN AND
ASSOCIATES -- FOR FURNISHING COMPUTER
TERMINALS AND PRINTERS TO POLICE
DEPARTMENT.
32.
ACCEPT BID: LAWMEN'S AND SHOOTERS
R 92-589
140-142
SUPPLY -- FOR FURNISHING AMMUNITION AND
9/24/92
RANGE SUPPLIES TO POLICE DEPARTMENT.
33.
ACCEPT BID: METRO EQUIPMENT SERVICE,
R 92-590
142-143
INC. -- FOR ENGLEWOOD STORM SEWER
9/24/92
PROJECT PHASE II B-5601.
34.
DISCUSSION WITH REPRESENTATIVES OF
DISCUSSION
143-148
LABOR WORLD CONCERNING A VARIANCE
9/24/92
MATTER.
gn;rt
36.
DISCUSSION WITH REPRESENTATIVES OF
DISCUSSION
RAPID TRANSIT FACTORY OUTLET It INC.
9/24/92
CONCERNING CIRCUIT COURT CASE NO. 91-
48123 (CA 12).
36.
PRESENTATION: MAYOR SUAREZ RECOGNIZES
DISCUSSION
STAFF SERGEANT LEONARD EDWARDS,
9/24/92
SERGEANT NASH, AND SPECIALIST JACK
RICHARDSON IN CONNECTION WITH
ASSISTANCE IN SOUTH DADE DURING
AFTERMATH OF HURRICANE ANDREW --
SERGEANT EDWARDS PRESENTS GIFT TO
COMMISSIONER VICTOR DE YURRE IN THE
NAME OF THE FLORIDA NATIONAL GUARD AND
BATTALION COMMANDER LIEUTENANT -COLONEL
CONNER FOR HIS ASSISTANCE FOLLOWING THE
HURRICANE.
37.
BRIEF DISCUSSION AND CONGRATULATIONS TO
DISCUSSION
CITY ATTORNEY FOR THE CITY HAVING
9/24/92
PREVAILED BEFORE THE APPELLANT COURT IN
CONNECTION WITH THE COURT'S APPROVAL OF
CHARTER AMENDMENT NO. 1 (HAVING A
MEMBER OF THE COMMISSION AS CHAIRMAN OF
THE OFF-STREET PARKING BOARD).
38. CITY COMMISSION EXPRESSES ITS GRATITUDE R 92-591
TO THE FLORIDA LEAGUE OF CITIES FOR 9/24/92
THEIR INVALUABLE ASSISTANCE IN SERVING
AS COORDINATOR WITH CITY MANAGER IN THE
AFTERMATH OF HURRICANE ANDREW --
SPECIAL RECOGNITION OF ANNE STERLING'S
ASSISTANCE.
39. PERSONAL APPEARANCE: MR. TORU MINAMI DISCUSSION
PRESENTS CITY WITH CHECK FROM SISTER 9/24/92
CITY KAGOSHIMA AS CONTRIBUTION TO
ASSIST WITH AFTERMATH OF HURRICANE
ANDREW.
40. SELECT GREENBERG TRAURIG HOFFMAN LIPOFF R 92-592
ROSEN & QUENTEL AS BOND COUNSEL, IN 9/24/92
CONJUNCTION WITH JESSE McCRARY, ESQ. AS
CO -COUNSEL.
41. APPROVE IN PRINCIPLE, REQUEST FROM M 92-593
MIAMI AMATEUR BASEBALL ASSOCIATION FOR 9/24/92
USE OF CITY FACILITY AND WAIVER OF ALL
PERTINENT USER FEES CONCERNING STAGING
OF BASEBALL GAMES DURING A 20-DAY
PERIOD -- DIRECT MANAGER TO IDENTIFY
SUITABLE FACILITY.
148.154
154-155
156-157
157-158
158-159
159-170
170-184
nark
406 VACATE AND CLOSE PORTION OF N.E. 2ND
COURT, LYING BETWEEN SOUTH RIGHT-OF-WAY
(ROW) LINE OF N.E. 23RD STREET AND
NORTH ROW OF N.E. 22NO STREET, AND ALL
THE 10 FOOT ALLEYS CONTAINED WITHIN
BLOCKS 10 AND 14 OF EDGEWATER
SUBDIVISION (2-13), AS CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1411-A
TERRANOVA BISCAYNE (Applicant: Simkins
Industries Inc. / Westfield Financial
Corp.)
49. FIRST READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT 327-345
N.E. 2ND AVENUE AND 211 N.E. 3RD STREET
FROM G/I GOVERNMENT INSTITUTIONAL TO
CBD CENTRAL BUSINESS DISTRICT
(Applicant: Planning, Building & Zoning
Dept.).
50. APPROVE SPECIAL EXCEPTION TO ALLOW
CONSTRUCTION OF SURFACE PARKING LOT TO
SERVE BUSINESS LOCATED ON ABUTTING
COMMERCIAL DISTRICT (2301 S.W. 8TH
STREET) (Applicant: Consolidated Bank
and Home & Bible School).
51. (Continued Discussion) DENY APPEAL --
UPHOLD ZONING BOARD'S DECISION TO GRANT
VARIANCES TO ALLOW A LESSER REAR YARD
SETBACK THAN REQUIRED, A BUILDING
FOOTPRINT WITH A LESSER GROSS LOT AREA
THAN REQUIRED, AND A ROOF OVERHANG FROM
REAR PROPERTY LINE FOR EXISTING
ADDITION TO THE REAR UNIT OF A DUPLEX
RESIDENCE AND TO ALLOW PROPOSED PARKING
STALL AT FRONT OF PROPERTY LINE (501-
503 N.W. 25TH COURT) (Applicant: Jose
A. & Hauda M. Bushdid).
52. FIRST READING ORDINANCE: AMEND 10544
(MCNP) FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 1725 N.W. 17TH
STREET FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant: Juan
& Maria I. Sanchez, Enrique & Maria
Perez) .
}
R 92-899 226L230
9/24/92
ORDINANCE 230-232
FIRST READING
9/24/92
R 92-600 232-255
9/24/92
R 92-601 256-257
9/24/92
ORDINANCE 258-280
FIRST READING
9/24/92
all
i3. FIRST READING ORDINANCE: AMEND 11000
ATLAS -i CHANGE DESIGNATION AT 1725
N.W. 17TH STREET FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Juan & Maria I.
Sanchez, Enrique & Maria Perez).
54. (A) (Continued Discussion) RECONSIDER
PRIOR MOTIONS 92-594 AND 92-595 WHICH
HAD DENIED PROPOSED FIRST READING
ORDINANCES TO CHANGE LAND USE
DESIGNATION AND CHANGE IN ZONING ATLAS
AT 3711 S.W. 26TH TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL
(Applicant: Bonzo Enterprises, Inc.)
(See labels 42 & 43).
(B) THE ABOVE -CITED PROPOSED FIRST
READING ORDINANCES WERE CONTINUED TO
THE MEETING OF OCTOBER 22ND.
55. DISCUSS AND DEFER CONSIDERATION OF
PROPOSED RESOLUTION TO APPEAL ZONING
BOARD'S DECISION THAT USE OF THE
COMMUNITY AND RECREATION BUILDING AT
1809 BRICKELL AVENUE FOR UNION MEETINGS
(NOT ASSOCIATED DIRECTLY WITH THE
CONDOMINIUM OWNERS) IS NOT PERMITTED AS
AN ACCESSORY USE -- IN ORDER THAT BOTH
GROUPS MAY NEGOTIATE THEIR DIFFERENCES
AND REACH CONSENSUS (Applicant(s):
United Teachers of Dade (U.T.D.).
Appellant(s): Brickell Homeowners
Association, Inc., and Brickell Florida
Condominium Association, Inc.).
56. DISCUSSION CONCERNING REQUEST BY
REPRESENTATIVES OF THE HAITIAN
COMMUNITY FOR CLOSURE OF DESIGNATED
STREETS CONCERNING A PEACEFUL
DEMONSTRATION / MARCH COMMEMORATING THE
ONE-YEAR ANNIVERSARY OF OUSTING OF
PRESIDENT ARISTIDE (See label 60).
ORDINANCE
FIRST READING
9/24/92
M 92-602
M 92-603
9/24/92
M 92-604
9/24/92
DISCUSSION
9/24/92
281-282
282-290
290-319
319-324
67. SECOND READING ORDINANCE: AMEND ZONING
ORDINANCE (11000) TEXT -- AMEND ARTICLE
9 (GENERAL AND SUPPLEMENTARY
REGULATIONS), SECTION 926.16
(LIMITATIONS ON ONSITE SIGNS ABOVE A
HEIGHT ABOVE 50 FEET ABOVE GRADE) TO
ALLOW NOT MORE THAN FOUR SIGNS FOR A
SINGLE MAJOR TENANT OR NOT MORE THAN
TWO SIGNS PER MAJOR TENANT -- DEFINE
MAJOR TENANT AS A TENANT OCCUPYING MORE
THAN 5% OF GROSS LEASABLE FLOOR AREA OF
BUILDING FOR A MAXIMUM OF TWO MAJOR
TENANTS (Applicant: Planning, Building
& Zoning Dept.).
58. FIRST READING ORDINANCE: AMEND 11000
ATLAS -- CHANGE DESIGNATION AT 3490 &
3500 MAIN HIGHWAY FROM R-1 SINGLE
FAMILY RESIDENTIAL AND SD-2 COCONUT
GROVE CENTRAL COMMERCIAL TO G/I
GOVERNMENT INSTITUTIONAL (Applicant:
Planning, Building & Zoning Dept.).
59. GRANT SPECIAL EXCEPTION TO ALLOW
CONSTRUCTION OF A SURFACE PARKING LOT
TO SERVE THE BUSINESS LOCATED ON THE
ABUTTING COMMERCIAL DISTRICT (SUBJECT
TO CONDITIONS) AT 3650-3670 FLORIDA
AVENUE -- SUBJECT TO ONE-YEAR REVIEW
(Applicant: Grovites United to Service,
Inc. [G.U.T.S., Inc.]).
60. (Continued Discussion) GRANT REQUEST BY
REPRESENTATIVES OF THE HAITIAN
COMMUNITY FOR CLOSURE OF DESIGNATED
STREETS CONCERNING A PEACEFUL
DEMONSTRATION / MARCH COMMEMORATING THE
ONE-YEAR ANNIVERSARY OF OUSTING OF
PRESIDENT ARISTIDE (See label 56).
ORDINANCE
10998
9/24/92
ORDINANCE
FIRST READING
9/24/92
R 92-605
9/24/92
R 92-606
9/24/92
324+-325
326-327
327-335
335-336
A
0.
FIRST READING ORDINANCE: AMEND TEXT OF
ORDINANCE 337-339
ZONING ORDINANCE (11000) ARTICLE 6 (SD
FIRST READING
SPECIAL DISTRICTS GENERAL PROVISIONS),
9/24/92
SECTION 614 eSO-14, 14.1, 14.2: LATIN
QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS), SECTION 614.3.2
(PERMITTED PRINCIPAL USES AND
STRUCTURES) -- TO ALLOW CLINICS,
LABORATORIES, AND MEDICAL AND DENTAL
OFFICES NOT INCLUDING DRUG
REHABILITATION FACILITIES, AS PRINCIPAL
USE PERMITTED ON GROUND FLOOR FRONTAGE
OF PEDESTRIAN -ORIENTED STREETS, AND
ELSEWHERE IN SD-14, etc. (Applicant:
Planning, Building & Zoning Dept.).
62.
FIRST READING ORDINANCE: AMEND TEXT OF
ORDINANCE 340-341
ZONING ORDINANCE (11000) TEXT, ARTICLE
FIRST READING
9 (GENERAL AND SUPPLEMENTARY
9/24/92
REGULATIONS), SECTION 908.10
(LIMITATIONS ON DRIVEWAYS AND OFFSTREET
PARKING, AND LANDSCAPING REQUIREMENTS,
IN REQUIRED YARDS ADJACENT TO
STREETS) -- TO PROVIDE MINIMUM
LANDSCAPING REQUIREMENTS IN SINGLE-
FAMILY, TWO-FAMILY AND MULTIPLE -FAMILY
RESIDENTIAL DISTRICTS (Applicant:
Planning, Building & Zoning Dept.).
63.
AMEND PREVIOUSLY APPROVED MASTER
R 92-607 341-343
DEVELOPMENT ORDER AND MAJOR USE SPECIAL
9/24/92
PERMIT FOR SOUTHEAST OVERTOWN / PARK
WEST DEVELOPMENT OF REGIONAL IMPACT
(D.R.I.) -- AMEND PROJECT DESCRIPTION
REGARDING CATEGORIES OF TOTAL ALLOWABLE
DEVELOPMENT -- CHANGE PROJECT PHASING
SCHEDULE OF INCREMENT I TO 1988 THROUGH
1997 AND INCREMENT II TO 1992 THROUGH
1999.
64.
AMEND PREVIOUSLY APPROVED INCREMENT I
R 92-608 344-345
DEVELOPMENT ORDER FOR SOUTHEAST
9/24/92
OVERTOWN / PARK WEST DEVELOPMENT OF
REGIONAL IMPACT (D.R.I.) -- AMEND
PROJECT DESCRIPTION AND DEFINITION
REGARDING CATEGORIES OF TOTAL ALLOWABLE
DEVELOPMENT -- CHANGE PROJECT PHASING
SCHEDULE OF INCREMENT I FOR 1988
THROUGH 1997 AND INCREMENT II FOR 1992
THROUGH 1999.
65.
RESOLUTION CONCERNING SOUTHEAST
R 92-609
OVERTOWN / PARK WEST DEVELOPMENT OF
9/24/92
REGIONAL IMPACT (DRI) (a/k/a SOUTHEAST
OVERTOWN / PARK WEST REDEVELOPMENT
AREA) -- AUTHORIZE AN INCREMENT II
DEVELOPMENT ORDER (DO) -- INCORPORATE
CONSOLIDATED APPLICATION FOR
DEVELOPMENT APPROVAL INTO THE DO --
APPROVE DRI AND MAJOR USE SPECIAL
PERMIT, SUBJECT TO CONDITIONS OF
INCREMENT II DEVELOPMENT ORDER.
66.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
CHAPTER 149 PERTAINING TO PREVIOUSLY
FIRST READING
APPROVED DEVELOPMENT ORDER AND MAJOR
9/24/92
USE SPECIAL PERMIT FOR SOUTHEAST
OVERTOWN / PARK WEST DRI -- AMEND
SECTION 14-59 REGARDING DEFINITION OF
TOTAL ALLOWABLE DEVELOPMENT, etc.
67.
(A) DISCUSSION CONCERNING CITY OF MIAMI
DISCUSSION
BUDGET FOR FISCAL YEAR 1992-93 (See
R 92-610
label 69).
M 92-611
(B) ALLOCATE $80,000 TO BAYFRONT PARK
9/24/92
IN ORDER TO RUN MILDRED AND CLAUDE
PEPPER FOUNTAIN FOR SIX MONTHS TO KEEP
THE PUMP FROM DETERIORATING
(C) DIRECT MANAGER TO ELIMINATE CAR
ALLOWANCES IN FY'92-93 FOR UNCLASSIFIED
EMPLOYEES WHO DO NOT RESIDE WITHIN CITY
LIMITS, SUBJECT TO ALL CONTRACTUAL
AGREEMENTS (See label 69).
68.
DISCUSSION CONCERNING REQUEST BY
DISCUSSION
REPRESENTATIVES OF THE CONFERENCE OF
9/24/92
THE CARIBBEAN -- NO ACTION TAKEN.
69.
(A) (Continued Discussion) PUBLIC
DISCUSSION
HEARING ON PROPOSED FISCAL YEAR 1992-93
ORDINANCE
BUDGET (See label 67).
10999
(B) SECOND READING ORDINANCE: DEFINE
9/24/92
AND DESIGNATE TERRITORIAL LIMITS FOR
THE CITY OF MIAMI -- FIX MILLAGE AND
LEVY TAXES FOR FISCAL YEAR 1992-93 (See
label 67).
346-346
347-348
348-377
377-381
381-395
70.
SECOND READING ORDINANCE: MAKE
ORDINANCE
APPROPRIATIONS FOR CITY OF MIAMI FISCAL
11001
YEAR ENDING SEPTEMBER 30, 1993. [Note:
9/24/92
The number assigned to the above
ordinance exceeds the normal sequence
by one, given that the number 11000 has
been previously assigned to the new
Toning Ordinance.]
71.
(A) CONSIDERATION OF PROPOSED MILLAGE
ORDINANCE
RATE AND ADOPTED TENTATIVE BUDGET FOR
11002
DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
9/24/92
(B) SECOND READING ORDINANCE: DEFINE
AND DESIGNATE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI -- FIX MILLAGE AND LEVY
TAXES FOR FISCAL YEAR 1992-93.
72.
SECOND READING ORDINANCE: MAKE
ORDINANCE
APPROPRIATIONS FROM DOWNTOWN
11003
DEVELOPMENT DISTRICT FOR DOWNTOWN
9/24/92
DEVELOPMENT AUTHORITY (DDA) FOR FISCAL
YEAR OCTOBER 1, 1992 - SEPTEMBER 30,
1993.
73.
APPROVE FISCAL YEAR 1992-93
R 92-612
ADMINISTRATIVE BUDGET OF MIAMI SPORTS
9/24/92
AND EXHIBITION AUTHORITY.
74.
DISCUSSION CONCERNING PROPOSED BUDGET
DISCUSSION
REVIEW ON OCTOBER 22, 1992.
9/24/92
395=397
397-400
400-401
402
403-408
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th, day of September, 1992, 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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez then Vice Mayor Miriam
Alonso led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Per memorandum from City Manager
Cesar Odio, agenda items 9, 10 and 15 were withdrawn.
1
September 24, 1992
11
----- ----- -iY"i ---------- -----------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS
A) COMMENDATION: OFFICER RICHARD GENTRY -- MOST OUTSTANDING OFFICER
FOR JUNE.
B) COMMENDATION: OFFICER TIMOTHY YOUNG -- MOST OUTSTANDING OFFICER
FOR JULY.
C) COMMENDATION: OFFICER WILLIAM ALVAREZ AND OFFICER STEVEN
CACERS -- MOST OUTSTANDING OFFICERS FOR AUGUST.
1. Commendation presented to Officer Richard Gentry for most outstanding
officer for the month of June 1992.
2. Commendation presented to Officer Timothy Young for most outstanding
officer for the month of July 1992.
3. Commendation presented to Officer William Alvarez (absent) and Officer
Steven Caceres for most outstanding officers for the month of August
1992.
Mayor Suarez: OK. Anything further? I think one quick announcement, and Al
I know you want to make a statement on behalf of the F.O.P. (Fraternity of
Police). Ladies and gentlemen of the Commission, and audience, we would like
to recess early this morning because of a meeting that came up with Governor
Chiles, which I think you understand is of extreme importance to this
community. I thank my colleagues in begging their indulgence in my leaving a
little bit early, and, specifically, thank Commissioner Dawkins in getting us
geared up to organize the Mayors of the various cities to have an important
role to play in the rebuilding of Dade County. Mr. Cotera.
NOTE FOR THE RECORD: At this point, Mayor Suarez
announces that he will have to leave the meeting prior
to noon to attend a Conference of Mayors with Governor
Chiles.
2
September 24, 1992
.taa+ir ---.------r.-------.r------------------------.r--------....--------------
2. A) COMMISSIONER PLUMMER GIVES PUBLIC APOLOGY AND REGRETS POOR CHOICE
OF WORDS EXPRESSED BY HIM IN THE HEAT OF DISCUSSION CONCERNING
STATEMENTS MADE ON VIDEOTAPE BY MEMBERS OF THE POLICE
DEPARTMENT -- AL COTERA, REPRESENTATIVE OF FRATERNAL ORDER OF
POLICE, ACCEPTS COMMISSIONER PLUMMER'S APOLOGY BUT PLACES PREPARED
STATEMENT INTO PUBLIC RECORD.
B) COMMISSIONER DAWKINS READS INTO PUBLIC RECORD MEMORANDUM SENT TO
A.F.S.C.M.E. LOCAL COMMENDING ALL EMPLOYEES ON ACCOUNT OF
EXEMPLARY RESPONSE DURING HURRICANE ANDREW.
Commissioner Plummer: Mr. Mayor, I had asked, if I could...
Mayor Suarez: Oh. You want to... Yes. Sure.
Commissioner Plummer: Yes. Please, if I may predicate the statement of Mr.
Cotera. To the Mayor and my colleagues, some two weeks ago, at a City
Commission meeting, in the heat of discussion, I made a comment which I would
readily admit was a very poor choice of words. I, this week, met with the two
individuals involved, the Manager, and the Police Chief and expressed my
regrets for that terminology which I used at that time. I don't think it
excuses the comments that were made on a video, on Channel 9. The Chief
asked, and I concurred to allow him to use, in-house, anything that is
necessary to maintain the level of professionalism that this department has
always demonstrated. I say again, it is with regrets that I made that
statement using that terminology. I made it in private to the two individuals
concerned, and I make it today, in the same forum that I made the mistake two
weeks ago. Thank you Mr. Mayor.
Mayor Suarez: I had a letter addressed to me, I think by your association,
and your association. Not from you, Mr. Cotera, and I have the one that I
received yesterday, in one case, and today in the other case. I have
responded and have copies that you might want to take with you before you
leave. I will make sure my staff gets them available to you. Mr. Cotera.
Mr. Al Cotera: I am going to go ahead with my statement. During the last few
months several members of the Miami Police Department have been berated by
comments originating from the dais. Most of these comments have been directed
at staff members, however, the Fraternal Order of Police believes the public
will perceive all officers in a bad light, and thus strongly opposes these
type of comments. We do not need interpreters. An all time low was reached
during the last meeting when Commissioner Plummer referred to Assistant Chief
Gibbs, and Angelo Bitsis, a civilian, as "monkeys." I have looked throughout
the department, and have found no monkeys. I have brought one along to show
you the difference between a monkey and a police officer. The Fraternal Order
of Police strongly feels that an apology is in order, and at this time I will
thank you for your apology, sir. This issue is not going to disappear without
having it resolved. I strongly suggest that you treat all members of the
Police Department, sworn and civilian alike, with the same courtesy and
professionalism that you require of us, and that the public should, and does,
demand a view. Thank you very much.
3 September 24, 1992
�
'RN1 Y
7
Mayor Suarez: All right. Sir. Ladies and gentlemen on behalf... Al, before
you leave just one thing. My letter contains one statement of apology from
myself to the extent that the Mayor has to exert more control over these
proceedings. I pledge that to you and to the community as a whole, and I just
ask my colleagues to remember that if they are ruled out of order, they should
abide by that, and I suppose they can always overcome that by a vote of a
majority of this Commission, but we are going to be a little bit more
disciplined in our comments, and make sure that they don't have even the
connotation of racial implications. A lot of times we don't mean it that way,
and believe me, as to Commissioner Plummer, he might not want this said
publicly, but there were exigent circumstances on the day in question that he
might privately acknowledge as to his own personal health and concerns related
to that. So, sometimes we discuss things and they sound like we are saying
something, just like the general public, believe me, if you all were quoted
all the time, as we are up here, a lot of things would sound very funny, but
to the extent that I can control it from the chair, I will do so with more
care in the future, because if there is one group of people we don't want
anybody to get the impression that you gave in that letter, in that statement
you just read, that we don't support, or that we have any derogatory comments
about, it is our police officers. Let the world know that. That we fully
support you, we argue about budgets, we argue about staffing, we argue about
units, but you are putting your lives on the line, and you are doing a
magnificent job. You did a magnificent job during the Hurricane Andrew. So
did the Fire Department, the Solid Waste. Can't even go into that. As
Commissioner De Yurre said the other day, you have done a magnificent job, the
City staff, GSA, et cetera. Public Works. Hopefully, our comments will
reflect that and the people understand that, but sometimes in the heat of
argument up here we use terminology that sounds off key, and we will be that
much more careful.
Commissioner Dawkins: Mr. Mayor, a special privilege here... I would like
to read a memo. A memo to A.F.S.C.M.E. (American Federal, State, County, and
Municipal Employees) Local 1907, Miami General Employment Association, from
Miller Dawkins, dated September the 23rd, 1992, subject, commendations to all.
During the emergency after Hurricane Andrew, all the employees of the City
arose to the occasion. During the first Commission meeting after the
hurricane I said this, "I apologize to each of you for the omission of your
president's name on my memo." I did tell Mrs. Ward to include Mr. Charlie
Cox, but the memo was prepared without Mr. Cox's name. I am more at fault
than Mrs. Ward because I signed the memo with the omission. Please accept my
apology for this error, and I would like to submit this into the records.
Thank you.
Mayor Suarez: Thank you, Commissioner.
4 September 24, 1992
� rt
0
wo-----------------.r...—.rra. ---------------- ..-- ter-----rrrw....i----r---
3. DISCUSSION CONCERNING RUMORS OF POSSIBLE OUSTING OF CITY MANAGER.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: I would like to bring a point to bear here because I
have been hearing a lot of rumors, and lot of things going on which I don't
think are good for the City of Miami, and if that is the case I want to clear
it right now. If there is something to be done, let's do it right now, and
the rumor has to do with whether City Manager, Cesar Odio, is going to be
ousted, whether our City Manager, Cesar Odio, is going to resign. I think
that this should be cleared up right now. If there are three votes to oust
him, get it done. If there are not three votes to get him ousted, and he
plans to resign, let him resign and let us know, and if not, let's state it
for the record and maintain the course that we have had, which I am more than
content with, at this point and time, of the job that he has done. So, if
there is anybody else that needs to be saying anything along those lines,
let's say it now or, you know, let's move on.
Commissioner Dawkins: I would like to know why Commissioner De Yurre brought
this forward. If he has something he should make it clear so that I could
know what he is talking about because I am a complete, in the dark. I do not
know anything about the City Manager resigning. I don't know anything about
the City Manager being fired, but because the Sunshine Law prevents our
discussing things among ourselves, I wish Commissioner De Yurre would
enlighten me on the situation concerning the status of the City Manager.
Vice Mayor Alonso: On those lines, yes, I think it is important also that the
City Manager clarify - are you going to resign?
Mr. Odio: No.
Vice Mayor Alonso: Well, that answers it.
Commissioner Dawkins: Are you threatened at being fired?
Mr. Odio: Well, 1 don't know that. I am always threatened to be fired.
Commissioner Dawkins: Well, I mean, I mean... Well, let me say it like this.
Has three people come to you and said, "I am going to fire you?" Three of us.
Mr. Odio: No, sir.
Commissioner Dawkins: OK. All right. No problem.
5
September 24, 1992
0
NOTE FOR THE RECORD: At this point, the Mayor
recognizes the presence in the audience of former
Police Chief Kenneth Harms.
Mayor Suarez: Let me say, and as I make a statement on that issue, I do want
to recognize former Chief Ken Harms with a rather interesting hat he is
wearing. I don't know if that reflects a more leisurely life-style, sir. We
are pleased to have you with guayabera and Panama hat. Just a... I second
Commissioner De Yurre's and echo his support of the Manager, particularly in
view of the recent handling of the hurricane. We had our little battles, as
we always do, Mr. Manager, but the overall performance of your City employees,
I think inspired by yourself, and to a great extent because of your quick
reaction to a lot of things was praiseworthy, and the matters that we discuss
privately as to things that I thought could have been done better, I don't
think there is any need, at this particular time, to get into them, but later
on today I think we are going to have a second reading of the budget, and you
might hear a few comments on that as we did two weeks ago.
Commissioner Plummer: Mr. Mayor.
Vice Mayor Alonso: Mr. Manager, you have two strong votes here.
Mayor Suarez: Commissioner Plummer.
Commissioner Plummer: You can read between those lines.
4. A) AUTHORIZE ALLOCATION OF $1,500 TO THE WQBA SCHOLARSHIP FUND TO BE
USED FOR EDUCATION OF YOUNG CHILDREN.
B) CONTINUED DISCUSSION CONCERNING RUMORS OF POSSIBLE OUSTING OF CITY
MANAGER.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, obviously, this letter was sent to me
because I was the one who was chosen to represent the City last year. WQBA
with Fuste had a scholarship fund. They are asking, as the City did last
year, once again, not to give money to WQBA, but to give money to the
scholarship fund in the amount of $1,500, making the City a sponsor, as they
were last year. I would move, at this time, that the money is going for
education of young kids. That this money be granted for the sponsorship of
this program, and keep up the tradition.
Vice Mayor Alonso: Yeah. I will second the motion, and I also would like to
know from the Manager - does the money have to be given to the organization...
by what date?
Commissioner Plummer: I didn't see a deadline in here. I will just give the
letter to the Manager, and he can follow up on it.
6 September 24, 1992
Commissioner
be Yurre: Mr6 Mayor, if I
may, because four of
us have spoken.
J.L., i need
to know basically where you
stand on the Manager
situation.
Commissioner Plummer! I have no comment to make on the Manager's situation at
all. I mean silence gives consent.
Mayor Suarez: As they said in the Man for All Seasons, "silence betokens
consent."
Commissioner Plummer: You never have to eat words you don't say.
Vice Mayor Alonso: That is a very smart thing to say.
Mayor Suarez: All right. I try to be consistent on these things. I...
Commissioner Dawkins: Why is it J.L. Plummer is put on the spot this morning
so much?
Mayor Suarez: ... also try to run the Commission meetings, but sometimes it
is tough with my colleague on my right. Commissioner Dawkins, I yield to you,
sir.
Commissioner Dawkins: Why is it Commissioner Plummer is put on the spot
concerning the Manager's employment? - when the three votes have constantly
been, in any important issue, J.L. Plummer, the Mayor and Victor. And now,
all of a sudden, J.L. Plummer becomes a focal point as to the employment of
the Manager. Like I said, I keep hearing things up here that don't make sense
to me, and nobody is explaining them to me. What has been said about the
termination of the Manager, the resignation of the Manager, or the Manager is
going to quit for ill health or what? I mean I need to know what is being
said, because this has come up out of a clear blue sky, unscheduled, unthought
of, and it keeps coming up. So, somebody tell me, now, what has been said as
to the relationship of the Manager's employment to bring about such a lengthy
discussion.
Mayor Suarez: Well, it hasn't been lengthy so far.
Commissioner Plummer: It sure wasn't lengthy on my part.
Mayor Suarez: It hasn't been lengthy so far. We got all the statements that
people wanted to make, so if anyone wants to make...
Commissioner Dawkins: Ah, ah Commissioner De Yurre is not satisfied. He
keeps asking J.L. Plummer for specific answers.
Mayor Suarez: Presumably he is now. No, Mr. Gonzalez-Goenaga, please have a
seat.
Commissioner Dawkins: Oh. The Mayor has ruled that you are satisfied. All
right.
Mayor Suarez: I rule that Commissioner De Yurre is satisfied. I know the
people who are out there are not satisfied. Sir, last Commission meeting we
had to ban you for the rest of the proceedings because of the disruptive way
7 September 24, 1992
91
in which you acted. Let's not do that again today. We might have to do like
the County which, apparently, has done that in a more permanent way, sir.
Commissioner Plummer: Mr. Mayor, I asked for a vote on the scholarship money.
I think that it would be in order.
Mayor Suarez: I was just saying, J.L., I have to be consistent. It sounds
like a very worthy project. We just don't have the money so I...
Commissioner Plummer: Well, Mr. Mayor, for the record, I think the reason the
letter was sent to me was because I was the one who appeared on behalf, and it
was asked by this Commission, to appear last year. So I just...
Mayor Suarez: In any event...
Commissioner Plummer: I understand. You are consistent. There is nothing
wrong with that. As a matter of fact it is admirable.
Mayor Suarez: Right. I just wanted to explain my vote. So moved.
Vice Mayor Alonso: I second...
Mayor Suarez: Second.
Vice Mayor Alonso: ... it and ask when the money has to be given so that the
City Manager has an opportunity to find funds if available.
Commissioner Plummer: I forwarded the letter to the Manager.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-563
A RESOLUTION GRANTING $1,500 AS SPONSORSHIP FROM THE
CITY OF MIAMI FOR THE WQBA SCHOLARSHIP FUND, SAID
GRANT TO ASSSIST IN THE EDUCATION OF YOUNG CHILDREN IN
THE COMMUNITY; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
NO. 921003-420. SUBJECT TO THE AVAILABILITY OF FUNDS.
September 24, 1992
4� v ro r�Y1"r'9�
a
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5. BRIEF COMMENTS CONCERNING LETTER WRITTEN BY MR. KAPUSTIN IN LOCAL
NEWSPAPER BY MR. KAPUSTIN.
Commissioner Dawkins: Mr. Mayor, could I ask for...
Mayor Suarez: Do you have any idea why this bearded fellow over there is
smiling at me? This Kapustin fellow...
Commissioner Dawkins: I think they are going to have a Nike's basketball, one
on one, with the proceeds going to the hurricane people, sponsored by Mr.
=
Kapustin.
Mayor Suarez: I think we have beat up on
each other enough,
Mr. Kapustin,
sir, and I am glad to see you today.
I certainly wasn't
at the last
-
Commission meeting, and I certainly wasn't
pleased to read some
of the stuff
you wrote in the paper, but we are going to
work together in the
future, and I
see some of your latest missives, your latest
letters have been
complimentary
of the job we are doing. So, it is nice
to get compliments
every once in
awhile. Maybe we will take another trip to the Far East, and we will become
good friends again.
Commissioner Plummer: You better be... Mr.
Mayor, you better be careful.
Mayor Suarez: Do you have an item?.
Commissioner Dawkins: Yes. I have a Mayor... an item I would like...
Commissioner Plummer: All Mayors that I know, that have been entered into
sporting events for charity have wound up in trouble. So I strongly suggest
that you reconsider.
Mayor Suarez: That is another way of saying that all Mayors have wound up in
trouble. Yes, Commissioner Dawkins.
9 September 24, 1992
r�rr.arra rr:s.�.M w....—...rr rrr rr.w----.r r--- I ---------- ----s.ww..r..rw --- ---------------
6. WANE PRIOR BUDGETARY EXPENDITURE CONSTRAINTS ON MIAMI SPORTS AND
EXHIBITION AUTHORITY -- AUTHORIZE EXPENDITURE OF $7,000 TO HONOR PRIOR
COMMITMENT FOR CARPET INSTALLATION IN ORANGE BOWL STADIUM OFFICES.
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have an item here that I would like to get
rid of because I have two people who need to leave. Is Skippy Shepard here?
Mr. Skip Shepard: Yes, sir.
Commissioner Dawkins: Mr. Shepard and the attorney, bond counsel. Mr. Korge,
will you explain to me and the fellow Commissioners the procedure of
expenditures for the budget, and when you go over what is suppose to happen?
Mr. Chris Korge: When the City Commission approved the Miami Sports and
Exhibition Authority budget for the past several years, they have placed an
additional condition that if we were to ever surpass our budget by over
$5,000, that we would have to come back to the City Commission for approval.
Commissioner Plummer: That is not a correct statement. That is part of the
statement. The other part of the statement is that if you changed any line
item of...
Mayor Suarez: Any line item change.
Commissioner Plummer: ... your budget that exceeded $5,000, it had to have
approval.
Mayor Suarez: Certainly a...
Mr. Korge: That... Yeah, that is... I sorry...
Mayor Suarez: OK. We are in agreement.
Commissioner Dawkins: That is right.
Mayor Suarez: We are in agreement.
Commissioner Dawkins: That is right.
Commissioner Plummer: Excuse me. I would assume, Mr. City Attorney, that
they are under the same provisos that we are, that if they end in an deficit,
it is grounds for removal. Ending in a deficit, you cannot do. We can't do
it. If we do it, we are removed from office.
Mr. Korge: Commissioner, you are absolutely correct. I apologize. It is
$5,000...
Commissioner Plummer: Good. Give me the legal fee.
Mr. Korge: ... change for any line item, and I will you my $5,000 right now.
10 September 24, 1992
Commissioner Dawkins: OK. All right. Now, Mr. Shepard, will you explain to
the Commission how you may have to swallow what Mr. Plummer said we can't
spend.
Mr. Shepard: Yes, sir.
Commissioner Dawkins: Go ahead.
Mr. Shepard: When I went to the Orange Bowl about a month ago...
Commissioner Plummer: He opened his big mouth, that is what happened to him.
Commissioner Dawkins: Mr. Plummer, you need to hear this please, sir.
Commissioner Plummer: I've already heard it earlier this morning. You know,
Skippys•••
Commissioner Dawkins: OK. Well...
Commissioner Plummer: ... it is a fine tradition.
Commissioner Dawkins: Go ahead then.
Commissioner Plummer: Opened his big mouth and volunteered as he always does.
Commissioner Dawkins: Go ahead. The rest of the Commissioners didn't hear
it. Go ahead, Mr. Shepard. The rest of them didn't hear it.
Mr. Shepard: About a month ago I went to the Orange Bowl Stadium. Tony
Parajes showed me the third, fourth and fifth floor of the Orange Bowl, and
the carpet was in shreds, and it looked very bad. He was spending a lot of
money to rebuild and make a new look for the Orange Bowl, and I took it upon
myself to say that I will sponsor it, and I' l 1 try to get some funds from
other sources. The only funds... It should cost them about $12,000, between
twelve and fifteen thousand dollars. So I asked the Sports Authority if they
would contribute $7,000 towards it, and they had, and since I had to pay the
carpet layer, I asked for an advance of $5,000 made out to the' carpet man.
And that's where I stand now. I owe $5,300 to the Tile Installation
Incorporated.
Commissioner Dawkins: Where did the rest of the money come from for the
completion of the job?
Commissioner Plummer: Why is he going through this?
Mr. Shepard: From me.
Commissioner Dawkins: Are you... You don't...
Commissioner Plummer: Miller, if you're going through this for my benefit,
the only fault that I find is that they didn't let us know in advance.
11 September 24, 1992
uhtl+MlMteWil reiNllAddi
Yeah. Um-hmm.
Commissioner Plummer: Are we going to pay him...
Commissioner Dawkins: No. I want the rest of the Commissioners...
Commissioner Plummer: Oh, OK. If you:..
Commissioner Dawkins: No, the rest of the Commissioners. You see, we've got
to know what we're doing, J.L., in order to do it and...
Commissioner Plummer: Well, we all know it was an emergency.
Commissioner Dawkins: Yeah, but they don't know that Skippy took it upon
himself to...
Commissioner Plummer: He's $8,000 out of his own pocket.
Commissioner Dawkins: Yeah. ...to go and put the rug up there, and then he
went before the Finance Committee of the Sports Authority Board, got it
okayed. Then the Finance Committee took it to the Full Board, the Full Board
voted on it, to approve it...
Mr. Shepard: Yes, sir.
Commissioner Dawkins: ...and that's why it's here before the Commission,
asking the Commission to reimburse Skippy for the $5,000. And I thought
that...
Mr. Shepard: No, no. It's not to reimburse me, sir. That's part of...
Commissioner Plummer: Give me a Cuban coffee.
Mr. Shepard: ...the contribution by the Sports Authority. See, in other
words, they're contributing $7,000, and this is part of the $7,000.
Mayor Suarez: And I'm totally confused. What do we need to approve? I
gather that...
Vice Mayor Alonso: It is a donation.
Mayor Suarez: ...there were exigent circumstances, that the Chairman of the
Authority recommends it, and the Executive Director...
Commissioner Plummer: I think it will be before noon.
Mayor Suarez: ...and the Committee of Finance and everybody else. What do we
need to approve?
Commissioner Plummer: Well, excuse me. Before 11.
Mr. Korge: What you need to approve is authorizing the Authority to go beyond
the $5,000 line item.
12 September 24, 1992
Commissioner Plummer: 5o moved.
I
Mayor Suarez: So moved.
1 hi fi ish
e III Mayor AlN t n
onso. o, no. ...
Mayor Suarez: OK, Commissioner... Vice Mayor Alonso inquire...
Commissioner Plummer: I'm sorry.
Vice Mayor Alonso: ...because now I was not confused when they started. Now
I'm confused. So...
Mr. Korge: What...
Vice Mayor Alonso: Yes.
Mr. Korge: OK. What needs to...
Vice Mayor Alonso: I was clear. I totally understood.
Mr. Korge: What needs to be...
Vice Mayor Alonso: Now you say yes, no. Now you'd better make it clear on
the record.
Mayor Suarez: Yeah. What is the action you need from us? - rather than this
long...
Mr. Korge: You need a motion authorizing the Authority to spend $5,000 over
its budget for line item for promotion... What line item is it under?
Contingency Expenses.
Mayor Suarez: All right.
Commissioner Plummer: It was a transfer.
Commissioner Dawkins: But it has to come out of the incoming budget.
Mr. Korge: It's coming out of...
Commissioner Plummer: Present.
Mr. Korge: ...'91-'92 budget.
Commissioner Plummer: Present budget.
Mayor Suarez: Present budget. All right.
Mr. Korge: It's your...
Commissioner Plummer: If it was coming out of next year we could have gotten
it from this afternoon.
13 September 24, 1992
Vice Mayor Alonso: Sure.
Mr. Korge: It's coming out of this year's budget...
Mayor Suarez: This year's. All right.
Mr. Korge: ...but we're transferring them.
Vice Mayor Alonso: OK.
Commissioner Plummer: This afternoon I'll get you, but today I'll move it.
Mayor Suarez: So moved. Seconded by the Vice Mayor. Oh, you want to say
something?
Commissioner Dawkins: No.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-564
A MOTION OF THE CITY COMMISSION WAIVING A PRIOR
BUDGETARY CONSTRAINT ON THE MIAMI SPORTS AND
EXHIBITION AUTHORITY, AND AUTHORIZING SAID AUTHORITY
TO SPEND $7,000 FROM ITS "CONTINGENCY EXPENSES
ACCOUNT," FOR PROMOTION, CONCERNING A DONATION IN
CONNECTION WITH NEEDED CARPETING AT THE ORANGE BOWL.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: This morning I say yes. This afternoon I'll get even.
Commissioner Dawkins: OK. Now I'd like...
COMMENTS MADE AFTER ROLL CALL:
14 September 24, 1992
k �
1 t
Now I'd like to move approval of the budget for the
Out of order.
Commissioner Dawkins: OK. No problem.
Mayor Suarez: Yeah. We have to do the budget in the afternoon.
Commissioner Plummer: You can't do it until 5:05 p.m.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: It gives me.. By that time, I'll have a head of steam.
7. CONSENT AGENDA
Mayor Suarez: CA-1 through CA-7, ladies and gentlemen, constitute the Consent
Agenda. If anyone wishes to be heard on any of those items... Sir, which
one?
Mr. Manuel Gonzalez-Goenaga: CA-7.
Mayor Suarez: CA-7. OK. We're going to hear that one separately. As to CA-
1 through CA-6 if anyone...
Commissioner Plummer: Mr...
Mayor Suarez: ...has any specific questions from the...
Commissioner Plummer: Mr. Mayor, I ask on two and three I have questions.
Mayor Suarez: OK. On items...
Commissioner Plummer: Two and three.
Commissioner Dawkins: Four and seven, I have questions only.
Mayor Suarez: OK. So basically the Consent Agenda looks like it will be...
Four and which?
Commissioner Dawkins: Four and seven, please.
Mayor Suarez: ...will be basically one, five and six. As to items one, five
and six, I'll entertain a motion.
Commissioner Plummer: So moved.
Mayor Suarez: So moved.
15
September 24, 1992
Mayor Suarez: Second. Call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY VICE MAYOR ALONSO, THE CONSENT AGENDA
ITEMS WERE PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Before I vote yes, on number six, is this under the
concept of taking it to the committee that makes recommendations as to signs,
and it's with their recommendation that it comes before us? Well, I'm asking
over here. Mr. City Manager?
Mr. Odio: Yes.
'_— Commissioner De Yurre: Number six, is it with the recommendation...
Mr. Odio: Yes.
Commissioner De Yurre: ...of the committee?
Mr. Odio: Yes.
Commissioner De Yurre: They recommended the change of the name?
Mr. Odio: Oh, wait. I'm sorry. Do you mean the Memorial Committee, or
the...
Commissioner De Yurre: Yeah. The one that makes recommendations for changes
of name or naming streets.
Commissioner Dawkins: Streets... Something Codesignation Committee.
Mr. Odio: No. In my knowledge, it has not gone to that committee. I'm sorry.
Commissioner De Yurre: Huh?
Mr. Odio: It has?
Commissioner De Yurre: So, it hasn't.
16 September 24, 1992
t
Commissioner plummier:
Well, it should.
Mr. Odio: No, I'm sorry. I stand Corrected. It has gone to the committee.
Commissioner De Yurre: it has gone...
Mr. Odio: Yes.
Commissioner De Yurre: ...and we have the recommendation?
Mr. Odio: Yes,
Unidentified Speaker: Correct.
Mayor Suarez: That's a wonder of nature that the committee continues to
exist...
Commissioner De Yurre: I vote yes.
Mayor Suarez: ...and to meet on items of that minimal importance. But
anyhow, obviously, some people do care. Thank God. So voted?
Ms. Matty Hirai (City Clerk): Continuing roll call.
Commissioner Plummer: This on six, right?
Mayor Suarez: Yes.
Ms. Hirai: On the consent agenda.
Mayor Suarez: On the three of those, right.
Commissioner Plummer: All right.
ROLL CALL COMPLETED.
17 September 24, 1992
E
7.1 ACCEPT Bibs LEADER CORPORATION -- FOR DORSEY PARK REHABILITATION
RECREATION BUILDING B-6201—A (CIP 331357).
RESOLUTION NO. 92-565
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION,
IN THE PROPOSED AMOUNT OF $73,028.00, TOTAL BID OF THE
PROPOSAL, FOR DORSEY PARK REHABILITATION -RECREATION
BUILDING B-6201-A; WITH MONIES THEREFOR ALLOCATED FROM
THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT ORDINANCE
NO. 10938, PROJECT NO. 331357, IN THE AMOUNT OF
$73,028.00 TO COVER THE CONTRACT COST AND $10,851.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $83,879.00; 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.)
7.2 DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS TO CITY -OWNED
OLYMPIA BUILDING IS UTILIZATION OF UNIFIED DEVELOPMENT PROJECT (UDP) --
FOR REDEVELOPMENT OF THE BUILDING FOR RESIDENTIAL, ANCILLARY RETAIL,
RESTAURANT AND CULTURAL USE AT 174 E. FLAGLER STREET.
RESOLUTION NO. 92-566
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS TO THE CITY -
OWNED OLYMPIA BUILDING IS UTILIZATION OF THE UNIFIED
DEVELOPMENT PROJECT (UDP) PROCESS; AUTHORIZING THE
CITY MANAGER AND MIAMI PARKING SYSTEM TO PREPARE A
DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP; AND
CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER
8, 1992, AT 4:00 P.M., TO TAKE TESTIMONY REGARDING
SAID RFP FOR REDEVELOPMENT OF THE BUILDING FOR
RESIDENTIAL AND ANCILLARY RETAIL, RESTAURANT, AND
CULTURAL USE ON CITY -OWNED PROPERTY LOCATED AT 174 E.
FLAGLER STREET, MIAMI, FLORIDA: AND, AT THE CONCLUSION
OF SAID PUBLIC HEARING, IF THE CITY COMMISSION IS
DISPOSED TO PROCEED, AUTHORIZE THE ISSUANCE OF AN RFP,
SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT
MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS
AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY
CITY CHARTER SECTION 29-A(c) AND CITY CODE SECTION 18-
52.9.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
18 September 24, 1992
m'ir,
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7.3 CHANGE CODESIGNATION OF S.E. 2ND STREET FROM S.E. IST AVENUE TO S.E. 2ND
AVENUE FROM "CENTRUST FINANCIAL CENTER" TO "INTERNATIONAL PLACE".
RESOLUTION NO. 92-567
A RESOLUTION CHANGING THE CODESIGNATION OF SOUTHEAST
2ND STREET FROM SOUTHEAST 1ST AVENUE TO SOUTHEAST 2ND
AVENUE, MIAMI, FLORIDA, FROM "CENTRUST FINANCIAL
CENTER" TO "INTERNATIONAL PLACE"; FURTHER, DIRECTING
THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8. ACCEPT BID: AARYA CONSTRUCTION AND DESIGN, INC. -- FOR ROBERT KING HIGH
PARK BRIDGE REPAIRS B-2950 (CIP 331315).
Mayor Suarez: Item CA-2 then.
Commissioner Plummer: Mr. Manager, I have a problem, and I want you to
explain to me why the City is charging almost half for expenses as to the cost
of the job. Something doesn't hold true here. The job amount is $26,000, and
its expenses are $10,000. I...
Mr. Jim Kay: Mr. Commissioner, we have line items. I can tell you exactly
what they're for. This is a small project. It's not a big project. It's a
repair of an existing wood bridge.
Commissioner Plummer: I'm well aware of the bridge...
Mr. Kay: Now...
Commissioner Plummer: ...and why you cancelled my picnic this year because we
couldn't travel over the bridge. My point is when you get expenses as 50
percent of the cost of the project something, in my mind, is wrong.
Mr. Kay: OK. We have a $1,200 cost for surveys and soundings.
Commissioner Plummer: All right. Look, I'm going to continue to question it
every time. All right?
Mr. Kay: OK.
Commissioner Plummer: There are other items on the... but this one was the
one that to me was the most prevalent, based on the fact of almost 50 percent,
all right? Now, I would appreciate in this particular item, since it is to me
19 September 24, 1992
#E�
the example,'- that you send to me a breakdown of what these
because they just seem unreasonable.
Mr. Kay: OK. This bridge was condemned by the F.P.O.T. (Florida Department
of Transportation).
Commissioner Plummer: Look, I don't want to take my colleagues time. I'll
vote for it now, - but I think we need to look at something when your damn
project is almost 50 percent of what the cost of it is. So, you send it to me
in a memo form, and I'll look at it, and we'll maybe have some discussion
later.
Mr. Kay: OK.
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes?
Commissioner Plummer: Let's move on. I'll move 2.
Mayor Suarez: Thank you.
Commissioner De Yurre: Second.
Mayor Suarez: Second. Call the roll on CA-2.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-568
A RESOLUTION ACCEPTING THE BID OF AARYA CONSTRUCTION &
DESIGN, INC., IN THE PROPOSED AMOUNT OF $26,049.00,
TOTAL BID OF THE PROPOSAL, FOR ROBERT KING HIGH PARK
BRIDGE REPAIRS B-2950; WITH MONIES THEREFOR ALLOCATED
FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT
ORDINANCE NO. 10938, PROJECT NO. 33135, IN THE AMOUNT
OF $26,049.00 TO COVER THE CONTRACT COST AND
$10,619.38 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $36,668.38; 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 De Yurre, the resolution was passed
and adopted by the following vote:
20 September 24, 1992
NOES: None.
ABSENT: None.
9. ACCEPT BID: AGILE COURTS, INC. -- FOR RESURFACING OF THREE TENNIS
COURTS AT KIRK MUNROE PARK (Department of Parks and Recreation).
Commissioner Plummer: On Item 3, Mr. Manager. Hello? You're spending money
to resurface the tennis courts. Mr. Manager, since the day of the hurricane,
all of the fences are laying down, and I don't see any money addressing...
Mr. Cesar Odio (City Manager): Yes, there is.
Commissioner Plummer: ...the fencing.
Mr. Odio: Well, let me...
Commissioner Plummer: And to me that right now is more important than the
resurfacing.
Mr. Odio: According to F.E.M.A. (Federal Emergency Management Agency) rules,
and we're bound by them now every day, we will rebuild that park to where it
was before the hurricane. However, if we had a bid in process, that will not
cover that. That's why you see only resurfacing. They will not pay for that,
since it was not in good condition, but they will pay to put up all the
fences, all the trees, and everything else in that park.
Commissioner Plummer: OK.
Mayor Suarez: How about a little notice to... In that court, in that park...
Mr. Odio: Yeah.
Mayor Suarez: ...in Henderson and Moore, a couple of the others where major
restoration has to be done to the facilities. Obviously, you are not going to
put notices on where you just have trees. You know, Merry Christmas, or some
other kind of park like that.
Mr. Odin: Right.
Mayor Suarez: But, you know, just a little notice saying, "Notice that work
is going to proceed as soon as..."
Mr. Odio: Yeah. That's a good idea. Fine.
21
September 24, 1992
Mayor Suarez: Just so people know because they're asking us and, you know, it
looks...
Commissioner Plummer: Yeah. That...
Mayor Suarez: Henderson... I saw Henderson and it looks like, almost like we
don't want to fix it up, because a lot of it is just a matter of rehooking all
of the...
Mr. Odio: What...
Mayor Suarez: ...canvass that's on the...
Mr. Odio: This...
Mayor Suarez: And actually, I know that you've got to get the F.E.M.A.
approval.
Mr. Odio: It's important that...
Mayor Suarez: It's almost like we don't care, or that our Parks Department
people are into something else or something in a...
Mr. Odio: Mr. Mayor, you know, that's important that people understand that
we have to fill out a form for every single project that we have to do in this
City. We have a task force headed by Chief Rollason and...
Mayor Suarez: There is some element of just basic pickup and cleanup that
gives it a little bit of an atmosphere of...
Mr. Odio: That...
Mayor Suarez: ...somebody caring and Henderson, in particular, I saw.
Mr. Odio: That we're trying to do.
Mayor Suarez: I don't know about... You know, you might just sort of tell
the employees that this does not mean that we're suspending all activities
forever; that we're not even going to do the basic pickup. It looks like
the...
Mr. Odio: Wait...
Mayor Suarez: ...hurricane hit yesterday.
Commissioner Plummer: Mr. Mayor, I think...
Mayor Suarez: I mean, I didn't see it for the last two weeks. This was about
two weeks ago when I saw it.
Mr. Odio: Do you want...
i
22 September 24, 1992
Commissioner Plummer: I think if the Administration would forward to each one
— of us, those areas in which...
Commissioner Dawkins: No.
Commissioner Plummer: ...they are making application to F.E.M.A...
Mr. Odio: Fine. I'm...
Mayor Suarez: Yeah. A compilation would be very helpful.
Commissioner Plummer: ...could go a long way for us being able to answer
questions of the public, what are you doing in a particular locate?
i
Mr. Odio: I will...
Commissioner Plummer: You might be able to take care of it.
Mr. Odio: In fact, I'll send you a copy of the DRS... whatever it's called.
Mr. Alberto Ruder: D.S.R. (Disaster Survey Report), it's D.S.R.
Mr. Odio. D.S.R.
Commissioner Dawkins: No, no. OK.
Commissioner Plummer: Just the projects, that's all.
Mr. Jones: Yeah.
Mr. Odio: Fine, we will.
Commissioner Dawkins: OK. I'm going to make a better suggestion than that
this afternoon.
Mayor Suarez: OK.
Commissioner Dawkins: On that Channel 9, i want to know what you did... I'll
bring that up when you get to Channel 9.
Mayor Suarez: Very good. Item CA-3 then. You're moving it?
Commissioner Plummer: I'll move it.
Mayor Suarez: Moved,
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Call the roll, please.
23 September 24, 1992
with
a
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-569
A RESOLUTION ACCEPTING THE BID OF AGILE COURTS, INC.,
FOR THE RESURFACING OF THREE (3) EXISTING TENNIS
COURTS AT KIRK MUNROE PARK FOR THE DEPARTMENT OF PARKS
AND RECREATION AT A TOTAL PROPOSED AMOUNT OF
$35,500.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 331343; ACCOUNT NO.
589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
10. (A) AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT WITH
RUSSELL PARTNERSHIPS, INC., -- PROVIDE INCREASE OF $5,000 FOR
PROFESSIONAL DESIGN SERVICES FOR CONSTRUCTION OF NEW RECREATION
BUILDING IN MORNINGSIDE PARK (CIP 331313: MORNINGSIDE PARK
RENOVATIONS).
(B) COMMISSIONER PLUMMER EXPRESSES CONCERN IN CONNECTION WITH NEWSPAPER
EDITORIAL ALLEGING THAT BAYFRONT PARK IS NOT BEING CLEANED UP AFTER
THE HURRICANE AND THAT IT IS NOT SAFE -- REFER TO MANAGER
------------------------------------------------------------------------------
Mayor Suarez: Commissioner Dawkins, CA-4?
Commissioner Dawkins: When does the Administration plan to complete the work
in this park and give it to the citizens?
Ms. Diane Johnson: We just met with the architect, and we anticipate that
we'll be able to have the project complete by August of next year.
Commissioner Dawkins: No. That's unacceptable. Since 1989, this Commission
sent me out to meet with the residents of that area. In 1989.
24 September 24, 1992
y � 1
Ids. Johnson: We can... We're trying.
Commissioner Dawkins: And since 1989 we've been promising these people that,
that park would be finished and completed. Now, here it is, August of 1992,
beyond August, and you tell me that the park will not be ready until August of
193. Eighty -Nine to Ninety -Three is four years. And then... Uh,
Morningside... And then you're not saying it will be finished then. You say,
"We expect to have it ready." I'll defer this. No, I can't defer 1t because
the man has got to be paid for the design. Mr. Manager, schedule for the next
regular Commission meeting a timetable with P.E.R.T. (Program Evaluation
Review Technique) charts telling me what date the foundation will be laid...
Mr. Cesar Odio (City Manager): I want to see the next one...
Commissioner Dawkins: ...that's completed, the walls go up, the day we get
the roofing inspection, so that... And this should be finished by Easter.
This should be an Easter present to the community.
Mr. Odio: Easter?
Ms. Johnson: Easter? We can't do it.
Commissioner Dawkins: And don't tell me that you don't want to fast -track it
because you don't want to have the problems that we've had in other fast -
tracking.
Mayor Suarez: Yeah. Try to bring back a schedule of fast -tracking...
Commissioner Dawkins: Thank you.
Mr. Odio: Fine.
Mayor Suarez: ...that makes sense and that you can comply with, but that
would really give the citizens what they deserve.
Ms. Johnson: Certainly.
Commissioner Dawkins: Thank you.
Mayor Suarez: And as far away from election time as possible.
Commissioner Dawkins: That's right.
Ms. Johnson: Yes, sir.
Commissioner Dawkins: Thank you. That's all.
Mayor Suarez: Actually, I do want to tell you that Morningside is a beautiful
park. I was out there right after the hurricane, and to the extent that the
hurricane did damage, it actually, probably, was not the kind... was not
really all that bad for it. It was some pruning, in effect. Sort of,
unexpected, massive pruning.
25 September 24, 1992
A
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Vito Mayor AIonsos That's right.
Mayor Suarez: And it looks very nice, and it's a magnificent environment.
People who are considering where to move, folks, the northeast section of
Miami is really back in full swing and it's very tempting.
Commissioner Dawkins: This afternoon. I can't do anything...
Mayor Suarez: I try to convince...
Vice Mayor Alonso: Beautiful homes.
Commissioner Dawkins: After the budget.
Commissioner Plummer: You know, can I bring up a subject?
Mayor Suarez: Beautiful. I'm trying to convince my wife to sell our home and
move to the northeast. The prices are really low, and that park is just
magnificent. I mean, it's right across from the archbishop of Miami's home,
and that's where I was, and it's just spectacular. Yes, sir.
Vice Mayor Alonso: Gorgeous houses.
Commissioner Plummer: Mr. Mayor, this relating to parks. Mr. Manager, I was
extremely upset in reading the editorial in the Herald this morning. I
usually don't read them, and I usually don't get excited about it, because as
one friend told me once, "Be careful, one of these days they're going to take
you seriously." Mr. Manager, the editorial this morning spoke to Bayfront
Park as not being safe and not being clean.
Mr. Odio: I didn't understand that either because...
Commissioner Plummer: And I just, for the life of me, don't understand...
Mr. Odio: When I talked to Nancy Ancrum and a lot of other... I think they
called each one of you, too. I told her that... First of all, the Bayfront
Park, she asked me the question, that it was not... I think it's in a great
condition.
Commissioner Plummer: I just...
Mr. Odio: It's now in a better condition after the hurricane because it was
the first park that was cleaned up, I think, by volunteers, but I don't...
Commissioner Plummer: So that I don't get involved in a political turmoil...
Mr. Odio: I think it had to...
Commissioner Plummer: ...would you please call the Editorial Board and ask
them to tell you what they meant by the fact...
Commissioner Dawkins: Why?
Mr. Odio: I think I know what it means. I think it was Bicentennial.
26 September 24, 1992
Commissioner Plummer: ...and portraying that to the public?
Commissioner Dawkins: Why call them, J.L., when we know that 1t is clean?
Mayor Suarez: It was the first...
Commissioner Plummer: No. Here's my problem. We know that.
Mayor Suarez: It was the first park in the City of Miami to be totally
cleared and cleaned?
Mr. Ruder: Yeah.
Commissioner Dawkins: You know... OK.
Commissioner Plummer: We know that. All right? Except the problem is when
we have now events...
Commissioner Dawkins: Watch this.
Commissioner Plummer: ...people who read that who might not drive by there
and know...
Mr. Odio: Well...
Commissioner Plummer: ...are going to say, "Well, I don't think I should go
to that event because it's not safe, and it's not clean."
Commissioner Dawkins: OK.
Mr. Odio: You know what I think they meant?
Commissioner Plummer: And I think that's totally unfair.
Vice Mayor Alonso: Well, you know something...
Commissioner Dawkins: OK. Well, I'll go to WEDR and other black radio
stations and tell them that it is safe, and don't pay any attention to the
editorials in the Miami Herald. I will personally do that.
Vice Mayor Alonso: You know, the Miami Herald constantly attacks the City of
Miami and writes editorials that make no sense. But the response of the
general public is, the recommendations that they make at election time, see
the results of how the voters respond. So that's how much they listen to
them.
27 September 24, 1992
E
Commissioner Plummer: Wall, I guess I take it as a personal thing that I have
been so deeply involved...
Commissioner Dawkins: Oh, well...
Commissioner Plummer: ...in that park.
Vice Mayor Alonso: I know it hurts.
Commissioner Plummer: OK? And that we have gone to every extreme to make it
safe and keep it clean, and then you read something like that in the paper. I
think it is actually an insult to that board...
Vice Mayor Alonso: Yeah. They want to discredit the board and the City.
Commissioner Plummer: ...that worked so damn hard to keepit the wayit is.
And just for your edification, Tina Hill is a member on thaboard.
Mayor Suarez: Yes. And she... As I saw her yesterday at church, she has a
very, very good relationship with the Knight Foundation. Really...
Commissioner Plummer: Oh. Thank you.
Mayor Suarez: Item CA-5?
Commissioner Dawkins: Seven? CA-7?
Mayor Suarez: Did we vote on five, Madam Clerk?
Vice Mayor Alonso: Yes.
Ms. Matty Hirai (City Clerk): As to CA-4, Mr. Mayor...
Vice Mayor Alonso: Yes, we did.
Ms. Hirai: We don't have a motion on it.
Commissioner Dawkins: Move it.
Mayor Suarez: CA-4 has been moved. Seconded.
Vice Mayor Alonso: Second, yes.
Mayor Suarez: Call the roll on CA-4.
28 September 24, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-570
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY
THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY
OF MIAMI AND THE RUSSELL PARTNERSHIP, INC., THEREBY
PROVIDING FOR AN INCREASE OF $5,000 FOR PROFESSIONAL
DESIGN SERVICES REQUIRED FOR THE CONSTRUCTION OF A NEW
RECREATION BUILDING IN MORNINGSIDE PARK; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT
NO. 331313, "MORNINGSIDE PARK RENOVATIONS".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11. (A) EXECUTE AGREEMENT WITH OMNICOM, INC. -- TO CONDUCT FEASIBILITY
STUDY OF A CONSOLIDATED LAWjENFORCEMENT & FIRE / EMS DISPATCH
CENTER.
(B) CITY MANAGER STATES HIS CREDENTIALS ON THE RECORD.
Mayor Suarez: Item CA-7?
Commissioner Dawkins: I'd like to know from J.L. Plummer, and everybody else,
why this can't be done inhouse? - why we have to spend $35,000 for a
consultant to tell me how the Police Department and the Fire Department can
hook up our communications services together? I don't understand why we've
got to spend $40,000 for somebody to come in and tell me how to do it.
Mr. Frank May: Commissioner, this is a highly technical issue, and I don't
think that the...
Commissioner Plummer: We don't have any highly technical people in the City
of Miami?
Mr. May: No, sir. Well, I think that we do, but not...
29 September 24, 1992
ir.si
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Cissioner Dawkins:
Beg your pardon?
Mr. May: I think that we do, but not in this specific area. I think that
this requires people that have long term experience in the communications...
Commissioner Dawkins: OK. I move to deny.
Mayor Suarez: So moved.
Commissioner Dawkins: Thirty... Seven... I just can't see spending $40,000
for somebody to come in and tell me how two... two City of Miami departments
should work together to save money and, although we've got people paying...
that you're paid to do this. But that's just my personal opinion.
Vice Mayor Alonso: Yeah. Commissioner Plummer, under the Awareness Program,
could you talk...
Commissioner Plummer: OK. Yes, and I wish I'd have been able to, but
Sunshine prohibits me from talking to my colleague. This is, as indicated, a
very specialized type of activity. This company that has been chosen -- and
the only thing I found was I didn't like the idea that they were out of
town -- have done, I think, about eight or nine major projects in large
cities, the same as the City of Miami.
Commissioner Dawkins: OK. Hold it right there.
Commissioner Plummer: You're... All right.
Commissioner Dawkins: Hold it right there, Commissioner.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Name the cities that you named off to me.
Mr. May: There's Orlando...
Commissioner Dawkins: One that's our size. Name another one.
Mr. May: All right. There's a cooperative center for the three cities of
Clearwater, Dunnedin, and Largo.
Commissioner Dawkins: Clearwater is not the size of our City. Name me
another one.
Mr. May: OK. There's Alachua County.
Commissioner Plummer: There were...
Commissioner Dawkins: Alachua County is not the same size as the City of
Miami.
Mr. May: Cedar Rapids.
30 September 24, 1992
t2: _
CoMiSsionat bawkinSt I don't know about Cedar Rapids.
there.
Mr. May: All right.
Commissioner Dawkins: Go ahead.
That's too cold out
Mr. May: But, Commissioner, also this concept is currently operant in Dade
County.
Commissioner Dawkins: No, but I just want... No, no. I just have to correct
my colleague when he says that this company has done this study with cities
this size.
Commissioner Plummer: Major cities was my terminology.
Commissioner Dawkins: All right. Thank you. That's right. Now go right
ahead, J.L.
Commissioner Plummer: Mr. Dawkins...
Commissioner Dawkins: Yes, sir, Mr. Plummer.
Commissioner Plummer: The combining has always been recommended as
Metropolitan Dade County does in their Communications Center, and have shown
tremendous savings and better service, the rendering of service to people of
the community. You are looking at a technical situation because of extensive
communications equipment, and it will be a bidding procedure, in which I think
that a company like this, who has been deeply involved for years, can put out
better R.F.P.s (Request for Proposals) than we can to get back realistic
numbers, to know what the extent of this cost will be. There's no question in
the first year it will not be a savings because it will be establishing that
center. The Manager has indicated to me that he has talked with the people of
F.E.M.A. (Federal Emergency Management Agency), and that they will participate
with dollars .in bringing about the creation of this communications center.
So, all I'm saying to you is, that you get a totally independent company who
will come in, will do the study, and we don't have to burden any of our in-
house people with that scenario.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Nowhere in here does it say that this company will
conduct a study to determine what the total cost of this project will be. I
will read to you what it says. "This company will conduct a feasibility study
for a consolidated Law Enforcement, Fire Emergency Center, Dispatch Center."
It does not say and then tell me what it would cost to do that. It doesn't
say that here.
Mr. May: Well, Commissioner Dawkins, I think that would be the end result of
their study. Now, I do have their proposal...
Commissioner Dawkins: But see, I'm not supposed to know that's what is in
your mind, Mr. May.
31 September 24, 1992
Mr. May: Well, I'm sorry, sir. Perhaps t should have explained this to you
yesterday when I briefed you.
Commissioner Dawkins: Now not only am I against spending $35,000. I'm
against spending the other $250,000 that they're going to tell me is needed to
do it.
Mr. May: Well, I'm not sure that's going to be the case, sir.
Mayor Suarez: OK.
Commissioner Dawkins: No further discussion, Mr. Mayor.
Mayor Suarez: Very good. Mr. Gonzalez-Goenaga, you wanted clarification, or
point of information, or whatever point you're going to make, sir.
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. My only concern
about this and other ones, but I'm specifying in this particular one, that the
logic as expressed by Commissioner Dawkins, I totally agree. For example,
they do say that they don't have the expertise, yet they say afterwards in the
memorandum of this marvelous City Manager, Mr. Odio. He said the
Administration has determined that it has significant expertise. How can they
determine if they have no expertise whatsoever? And this goes to the tip. My
biggest concern is that I'm shocked, appalled and concerned that the issue of
Mr. Cesar Odio, when I have said that he doesn't have a legal, college title,
publicly.
Mayor Suarez: Sir...
Mr. Odio: Listen to you.
Mayor Suarez: Sir...
Mr. Odio: Listen, Mister...
Mayor Suarez: Sir...
Mr. Odio: You'd better keep your mouth shut about me.
Mayor Suarez: You're out of order. Have a seat. All right.
Mr. Odio: I'm going to...
Mayor Suarez: I knew that sooner or later the fireworks would begin around
here.
Vice Mayor Alonso: Maybe we should defer this item until the Administration
has more opportunity to meet with Commissioner Dawkins and, perhaps, explain
to him. You were holding something 1n your hand. Is that the study?
Mr. May: No, ma'am. This is a proposal to the City...
Vice Mayor Alonso: Oh.
32 September 24, 1992
Mt. May: ...for the study, and t met with Commissioner Dawkins yesterday.
Vice Mayor Alonso: Because when he made reference to the study you went up
with the...
Mr. May: No, ma'am. This is a proposal to the City. The item before you is
a resolution authorizing the City.
Vice Mayor Alonso: Because I was surprised. I said this is after the fact
or...
Mr. May: No.
Vice Mayor Alonso: OK. Fine. I will move that we defer this item until
Commissioner Dawkins has had more opportunity to look at this item.
Mayor Suarez: Do you want to withdraw the motion to deny and make it a motion
to defer?
Commissioner Dawkins: Yes.
Mayor Suarez: All right. So moved and seconded by Commissioner Dawkins then.
Commissioner Dawkins: And I'll sit down with you, Mr. May, and see if you can
convince me like you convinced Commissioner Plummer that this is a necessity.
Mr. May: Yes, sir. I'd be pleased to.
Commissioner Dawkins: Thank you, sir.
Mr. May: Thank you.
Mr. Odio: Deferred.
Mayor Suarez: Call the roll on that motion.
The following motion was introduced by Vice Mayor Alonso, who moved its
adoption:
MOTION NO. 92-571
A MOTION TO DEFER AGENDA ITEM CA-7 (PROPOSED
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
OMNICOM, INC. TO CONDUCT A FEASIBILITY STUDY OF A
CONSOLIDATED LAW ENFORCEMENT AND FIRE EMS DISPATCH
CENTER), IN ORDER TO GIVE THE ADMINISTRATION AN
OPPORTUNITY TO SATISFY MEMBERS OF THE CITY COMMISSION
THAT SAID CONSOLIDATION IS INDEED WARRANTED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
33 September 24, 1992
NOES: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor, I want to know from Mr. Odio. Do you have
a law... a degree, or not? Do you have a college degree or...
Mr. Odio: Yeah. Let me tell you. I'm about ready to sue this person.
Vice Mayor Alonso: ...do things like that.
Mr. Odio: In many more ways... No, no. He asked me a question. I want to
put this on the record because he's been sending letters about you and me...
Vice Mayor Alonso: This is unnecessary.
Mr. Odio: ...and everybody else around here, and he has to find out that this
is a free country, but there's a fine line between libel and being able to
express yourself.
Mayor Suarez: Well, the fact that he's made his statements in a...
Mr. Odio: Let me tell you this. For the record, and I'm willing to put it
up, I have a degree of Economics from the University of Villanova that is
certified by Reverend, Father Kelly, and I have it... No, no. Because he's
been saying that in writing, Commission Dawkins.
Commissioner Dawkins: Yeah, but so what?
Mr. Odio: And I have a certified...
Mayor Suarez: Mr. Manager...
Commissioner Plummer: Wait, wait.
Mr. Odio: If he is implying...
Commissioner Plummer: Can I give you...
Mr. Odio: Damn itl I'm...
Commissioner Plummer: Can I give you the same advice you gave me this
morning?
Mr. Odio: Yes.
Commissioner Plummer: Don't blow your cool.
34 September 24, 1992
Mr. Odin: I won't blow my cool...
Commissioner Plummer: Thank you.
Mr. Odio: ...but I'm tired of him writing letters about...
Mayor Suarez: We have... One good thing is that these proceedings are
Official proceedings, so that anything that is alleged has the imprint of
being under oath, or almost the same effect. So whatever you can catch that
he has said that is erroneous might very well turn out to be...
Mr. Odio: No, he's been putting it in writing, Mr. Mayor.
Mayor Suarez: Right.
Mr. Odio: And I am going to sue this guy...
Mayor Suarez: Right.
Mr. Odio: Because he might have a right to speak himself, but he does not
have a right...
Commissioner Plummer: Yeah. But, you know...
Mayor Suarez: Well, that's another thing.
Commissioner Plummer: You know, let me tell you something.
Mayor Suarez: The moment he says it here, in these proceedings, he has
published it to the entire world...
Commissioner Plummer: One of the problems...
Mayor Suarez: ...so if it's libel and it's malicious you might be able to...
Commissioner Plummer: You know, one of the problems that we, politicians,
have...
Vice Mayor Alonso: I was going to say that.
Commissioner Plummer: ...is, in fact, we avail ourselves to listen -- and
this is not in reference to this gentleman, so he doesn't come after to me --
to nuts. There's a certain Latin radio program that makes fools of themselves
as well as everybody else, and people come running to me, saying to me, "Did
you hear what they said?" And I said,. "No." I never listen to them, but the
bigger fool is you for listening to them. You know, we make our own mistakes
sometimes.
Mayor Suarez: Yeah, but you do it just...
Commissioner Plummer: Consider the source...
Mayor Suarez: You do it just to them because they used to make...
35
September 24, 1992
But what are you going to do?
used to poke fun at the shirts you wore and I see you've
So, things have improved up here.
Commissioner Plummer: Do you want to play basketball?
Mayor Suarez: Anything but boxing.
------------------------------------------------------------------------------
12. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
AMENDING CODE SECTION 38-73, TO PROVIDE THAT A CITY COMMISSIONER SHALL
SERVE EX OFFICIO AS A VOTING MEMBER AND CHAIRPERSON OF THE BAYFRONT PARK
MANAGEMENT TRUST, ON A ROTATION BASIS.
Mayor Suarez: Item 2. First reading. City Commissioner shall serve as ex
officio...
Commissioner Plummer: Mr. Mayor, I ask that this matter of item 2 be deferred
until such time...
Mayor Suarez: All right.
Commissioner Plummer: ...as the matter relating to the Off Street Parking
Authority...
Mayor Suarez: ...be determined. Very good.
Commissioner Plummer: ...is, in fact, settled, and at such time I think this
matter could come back.
Mayor Suarez: Fine.
Commissioner Plummer: So I would move that this be deferred.
Vice Mayor Alonso: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
W.
September 24, 1992
MOTION NO. 92-572
A MOTION TO DEFER AGENDA ITEM 2 (PROPOSED FIRST
READING ORDINANCE TO PROVIDE FOR A CITY COMMISSIONER
TO SERVE EX OFFICIO AS A VOTING MEMBER AND CHAIRPERSON
OF THE BAYFRONT PARK MANAGEMENT TRUST ON A ROTATING
BASIS) UNTIL FINAL DECISION IS MADE BY THE THIRD
DISTRICT COURT OF APPEALS AS TO HAVING A CITY
COMMISSIONER SERVE AS EX-OFFICIO CHAIRMAN OF A BOARD
OR COMMITTEE FOLLOWING THE NOVEMBER 3, 1992 SPECIAL
ELECTION.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
13. FIRST READING ORDINANCE: AMEND CODE CHAPTER 54.5 (SUBDIVISION
REGULATIONS), SECTION 54.5-15 (ENCROACHMENTS ON OR IN RIGHTS -OF -WAY,
PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS;
EXCEPTIONS) -- PROVIDE MECHANISM TO PERMIT ENCROACHMENT OF A VEHICULAR
OVERPASS ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS OR EMERGENCY ACCESS
EASEMENTS.
------------------------------------------------------------------------------
Mayor Suarez: Item 3. First Reading.
Commissioner Plummer: 1 don't understand what you're trying to accomplish
here.
Mr. Jim Kay: The... OK. The...
Mayor Suarez: Mr. Kay.
Mr. Kay: ...Public Health Trust has applied for a major use special permit
for a large parking facility at NW 18th Street, 10th Avenue. They want to
interconnect two parking garages with an overhead vehicular access. Right now
the Code provides for an overhead pedestrian walkway, but not one for
vehicles. And all we're trying to do is just add the word "vehicle" to the
Code.
37 September 24, 1992
Commissioner Plummer: Now does that benefit the people of this City?
Mr. Kay: Well, I don't know... If you've driven down Bob Hope Boulevard and
seen the amount of pedestrian...
Commissioner Plummer: Yes, sir.
Mr. Kay: ...moving back and cross the street...
Commissioner Plummer: Yes, sir.
Mr. Kay: ...there is a problem with conflicts there between pedestrians and
vehicles. And this would allow, at least eliminate one portion of the
conflict by allowing vehicles to go...
Commissioner Plumper: Well...
Mr. Kay: ...back and forth across loth Avenue there.
Commissioner Plummer: Let me tell you what I would feel more comfortable
with. OK? I would be more comfortable on a "per application" basis.
Ms. Lucia Dougherty: It is.
Commissioner Plummer: That each one stand on its own. I can see that in some
areas this would be worthwhile. But in other areas I think it would be
totally out of character of a neighborhood. And as far as I'm concerned, I
think we do it on an individual basis.
Mr. Kay: It is. Even the pedestrian overpasses are done on an individual
basis before you. But this just allows for it in the Code. It's by special
permit.
Ms. Dougherty: Commissioner Plummer, if I may? I represent the Health Trust,
and this is only enabling legislation. We will have to come back with an
individual application for you to approve.
Commissioner Plummer: Well, that...
Ms. Dougherty: Everyone would have to. So this is enabling legislation that
would be applicable, and it's not to our project. We'd have to come back
under this legislation with a specific application.
Commissioner Plumper: Fine.
Commissioner Dawkins: To take a... Take a, whatever, across loth Avenue from
what to what?
Mr. Kay: It is at N.W. 18th Street, the...
Commissioner Dawkins: Eighteenth Street?
38 September 24, 1992
r k S r rar
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Mr. Kay: Yeah. N.W. 18th Street at 10th Avenue, at the overpass actually
runs almost diagonally across that intersection, from one parking...
Commissioner Dawkins: How high would this be?
Mr. Kay: It would have to be maintained, approximately, a minimum clearance
of around 16 feet.
Commissioner Dawkins: Sixteen feet?
Commissioner Plummer: Yeah.
Mr. Kay: Somewhere around there.
Commissioner Dawkins: So, therefore, if a trailer has to go through there
that's 18 feet, the trailer can't get through.
Mr. Kay: Well, there's... If there's anything that high...
Commissioner Dawkins: Sir?
Mr. Kay: If there's anything that high it's not going to get through. But 16
feet is the...
Commissioner Plummer: Is accepted standard.
Mr. Kay: ...requirements for the F.D.O.T. (Florida Department of
Transportation) at overpasses.
Commissioner Plummer: Sixteen feet is accepted standard, if there's not a
thing on the indicator of an overpass then you know it's a minimum of 16.
Mr. Kay: It will...
Commissioner Plummer: I learned that with a motor home. Believe you me.
Ms. Dougherty: Commissioner Dawkins, you can set that standard at our hearing
when the application comes before you.
Commissioner Dawkins: No, no. The only problem I have with this is every
public entity comes here with their hand out.
Commissioner Plummer: Who stole my candy?
Commissioner Dawkins: OK? When the City of Miami needs a handout nobody is
standing in line. I have yet to hear the Public Health Sector say, "I'm with
the City of Miami against the County for nothing." But every time somebody
needs something, go down to the City of Miami with your hat in your hand and
they will fill your hat up for you.
Commissioner Plummer: Big pockets.
Commissioner Dawkins: I mean, in the...
Miami benefit from this?
You know, what does the City of
39 September 24, 1992
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Ms. Dougherty: This is only legislation that would be not necessarily
applicable only in this situation...
Commissioner Dawkins: OK.
Ms. Dougherty: ...but in others as well.
Commissioner Dawkins: OK.
Ms. Dougherty: And what we're saying is that the City of Miami benefits
because you have now people that have to pedest... across the streets in a
pedestrian way that now wouldn't have to do that. They could now benefit by
going overhead and not having to cross the public streets. There is a big
parking problem over at Jackson Memorial Hospital, and this would help
alleviate that.
Commissioner Dawkins: OK. But why wouldn't Jackson Memorial take money and
build a parking garage on a parking lot, and connect the parking garage to
wherever they want to go.
Ms. Dougherty: That's exactly what this is.
Mr. Kay: That's what...
Commissioner Dawkins: Ma'am?
Ms. Dougherty: That's exactly what we're asking for.
Commissioner Dawkins: No, you're not.
Ms. Dougherty: It's only asking permission...
Commissioner Dawkins: No, you want to cross... No. OK.
Ms. Dougherty: We're building two garages. We're asking for permission from
You to build a connection...
Commissioner Plummer: Not yet you're not.
Ms. Dougherty: Not yet. That's right.
Commissioner Plummer: Right now you can't.
Commissioner Dawkins: No. You see...
Ms. Dougherty: Eventually we will come back for you.
Commissioner Dawkins: OK. All right. See, that's what I'm saying. This is
the "tip of the iceberg." We get this from
everything else we want from you. OK? No further..: then we're open to get
Mayor Suarez: All right. On the item...
40 September 24, 1992
�..
iR2 ,
Commissioner Plummer: Are you saying that our dear friend Lucia Allen has a
street named after her downtown?
=t
Commissioner Dawkins: No, I'm saying...
a;
Ms. Dougherty: No.
Commissioner Plummer: Called "One Way."
Commissioner Dawkins: No. I'm saying that the learned attorney is employed
by a client, and she's only earning her fee. That's what I'm saying.
Commissioner Plummer: Well, quit harassing her.
Vice Mayor Alonso: OK. I so move.
Mayor Suarez: I'm very pleased to see pedestrian overpasses. I've always
believed in them. I think the City would benefit from more of them. So
moved. Thank you, Madam Vice Mayor.
Commissioner Dawkins: Who moved?
Vice Mayor Alonso: I did.
Commissioner Plummer: Second.
Mayor Suarez: Second. Call the roll, or read the ordinance.
Mr. Jones: I have to read the ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS", BY AMENDING SECTION 54.5-15
ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; EXCEPTIONS", BY PROVIDING A MECHANISM TO
PERMIT THE ENCROACHMENT OF A VEHICULAR OVERPASS ABOVE
ACCESS EASEMENTS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
41 September 24, 1992
hk
AYES:
y y J
Commissioner Victor De Yurre
Commissioner J.L. Pl Unmer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Make sure these overpasses have these little hooks so we can
put our campaign banners on them.
Commissioner Plummer: Oh...
Mayor Suarez: Imagine how many people... Just kidding. Just kidding.
------------------------------------------------------------------------------
14. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION SETTING FORTH NEW
SPECIAL PROGRAMS AND EVENTS TO BE PRODUCED / CABLECAST ON CITY'S
MUNICIPAL ACCESS CABLE CHANNEL "MIAMI NET 9" DURING OCTOBER, 1992.
------------------------------------------------------------------------------
Mayor Suarez: All right. Item 4.
Commissioner Plummer: I move to deny.
Commissioner Dawkins: OK.
Commissioner Plummer: Let me tell you, Mr. Mayor...
Commissioner Dawkins: In the denial, I second the motion now.
Commissioner Plummer: All right.
Commissioner Dawkins: Under discussion. Go ahead.
Commissioner Plummer: Let me tell you what the reason is I move to deny. I
think that Channel 9 is a very fine, educational program for the City of
Miami, but I think at the present time, the lack of programming and some
programs that have caused some problems. I think what we need is an
independent, outside people, who will sit with Carlos Smith, who is the in-
house censor if... for the word, to go over these programs, to make sure that
the sensitivity of these programs are portrayed and approved prior to going on
the air. I heard you make the comment, Mr. Mayor, and so rightfully so, that
the City... the "State of the City Address" must have been played a thousand
times on that program. And I know that you had nothing to do with It. But
how many times I heard the question, "What is the Mayor running for?" -and
that's why...
42 September 24, 1992
Commissioner Dawkins: His life.
Commissioner Plummere. ...and that's why it was on there. I think that's
wrong.
Commissioner Dawkins: His life.
Commissioner De Yurre: It's a Star Trek episode.
Mayor Suarez: Running for his life. Yeah.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor?
Commissioner Plummer: OK. And I think that there should be an independent,
three member committee...
Mayor Suarez: Star Trek reruns.
Commissioner Plummer: ...that sits with Carlos Smith, if he's going to be the
in-house, and let them review any and all programs prior to going on the air.
Mr. Cesar Odio (City Manager): May I explain something, Commissioner?
Commissioner Plummer: When that... You can when I'm finished.
Mr. Odio: OK.
Commissioner Plummer: When that committee is in place, I think Channel 9 then
will be a more effective tool for this City. It is a good tool.
Commissioner Dawkins: Yeah, I'm going to say something so...
Commissioner Plummer: Make it an effective tool and make it a fair tool.
Mr. Jones: Commissioner, Mr. Mayor, if I might? What you're proposing is
really...
Commissioner Plummer: They already...
Mr. Jones: ...is a censorship committee which is prohibited under the Cable
Act.
Mr. Odio: That's what I was going to say.
Commissioner Dawkins: OK. Let me... Before you get carried away, Mr. City
Attorney, let me see if I can't say something. I do not believe that Channel
9 is being operated in a censorship or uncensorship, but I feel that... and I
need to know from you and the Manager if I have to do this. There are other
things happening in the City of Miami than what the N.E.T (Neighborhood
Enforcement Team) Program is doing. Twenty-four hours a day it's N.E.T. It's
even called N.E.T. Channel 9. There are things that happen in Commissioner
Miller Dawkins' office that the public should know about. And you don't see
anything but N.E.T. Channel 9. Now, if that's the way it's supposed to run...
43 September 24, 1992
Commissioner Plummer: That's not true.
Commissioner Dawkins: ...Mr. City Attorney, tell me so.
Mr. Jones: The Channel 9 is a public access station so...
Commissioner Dawkins: Public Access. What...
Mr. Jones: Let me...
Commissioner Dawkins: Wait a minute now. Don't go too fast. Go slowly with
me. What does "Public Access" mean?
Mr. Jones: What it really refers to is the availability of cable time on a
designated station, which apparently Channel 9 is by the cable operator, for
the public to have access putting on programming. It's just not limited to
any programming the City may want, but if there's anyone out in the public who
may want to have access to put on programs, whatever, that's the meaning of
public access.
Commissioner Dawkins: So, wait now. OK.
Commissioner Plummer: I don't understand. Why they're asking us to approve
it then?
Commissioner Dawkins: So what you're saying is that the stuff that we have on
as N.E.T. is out of place because it's not demanded by the community. Is that
what you're telling me?
Mr. Jones: No. That's not what I'm saying.
Commissioner Dawkins: Well, tell me what you're saying.
Mr. Jones: What I'm saying is that in addition to...
Commissioner Plummer: Come on.
Mr. Jones: ...the programming that's... In addition to the programming
that's being provided...
Commissioner Plumper: Let me...
Mr. Jones: ...relating to N.E.T., you asked me what the concept of public
access is. It encompasses the whole realm of allowing the public to have
access to put programming on a given station. Apparently, the station was
designated by the cable operator as a public access station. And as such, if
there are groups or individuals in the community who wish to air whatever type
of programming they have, they would be entitled to access this particular
station.
Commissioner Plummer: Can I ask a dumb question? If in fact we can't control
what is on that station and you're calling it censorship, why are you here
asking me to approve it?
44 September 24, 1992
fi
Vice Mayor Alonso! That's a very fine question.
Mr. Odio: I'm sorry you've got...
Commissioner Dawkins: OK. That's part of it. OK?
Mr. Odio: Excuse me. You're not censoring us...
Commissioner Dawkins: But let me... Let me finish.
j Mr. Odio: All I'm asking...
5
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Commissioner Dawkins: Let me finish, please.
Mr. Odio: Oh, I'm sorry.
Commissioner Dawkins: OK. Let me finish. Now, Mr. City Attorney...
Mr. Jones: Commissioner?
Commissioner Dawkins: Yes, sir.
Mr. Jones: Before you ask your question, I'm informed by Miss Smoller that
the information I've given you is incorrect.
H
a
Commissioner Dawkins: OK.
Mr. Odio: He needs to clarify something.
Mr. Jones: OK.
Ms. Sue Smoller: I need to...
Commissioner Dawkins: OK. Hold it. No.
Ms. Smoller: Yes.
Commissioner Plummer: I don't think it's...
Commissioner Dawkins: You see, you all can't run my part of the questioning.
OK? You all can run your part. Now, Miss Smoller, please. Stay there. I
want to hear from you. You see, but I want to get to you in the proper
sequence. See, I don't need to have come to you, come back to the City
i Attorney and then go to the Manager. Now go ahead, sir. Do you yield to Miss
f Smoller?
j Mr. Jones: I yield to Miss Smoller.
Commissioner Dawkins: All right. Now, before I get to you Miss Smoller, I
,! feel that if 12 hours a day of the Channel 9 is to be devoted to the City of
Miami, some hours of that must be designated for City of Miami Commission
offices to present stuff to the City. Now that's just my personal belief. I
4' do not think that 24 hours a day it should be N.E.T., N.E.T., N.E.T. That's
45 September 24, 1992
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my personal belief. To you, do I have to hire a PR (Public Relations) person
out of my office to prepare things that are positive about my office to get on
the N.E.T. program? Yes, ma'am.
Ms. Smoller: Certainly not, sir. The approach to Channel 9 is the Task Force
and there are several departments of the City involved in it. The content on
Channel 9 is the responsibility of the Public Information Office and they
would welcome any requests, any suggestions you have, and get your message on
Channel 9. But I did want to clarify the purpose and the legal rationale
behind Channel 9. It is an access channel, but it is a special kind of access
channel. It's called a municipal access channel. It is, in essence, owned by
the City of Miami. The franchise agreement with Miami TCI allows the City to
have this channel, to lease it out, to put any kind of programming on it that
it desires. It, in essence, is the City's channel. Now, the committee that
was comprised of several departments of the City, that drew up the policy
statement that was presented to the Commission and the Commission did adopt,
states that very clearly; that the operation of the channel is by the City of
Miami and the operational responsibility is that of the City Manager and his
designees. It states the different departments' responsibility. Again, it's
a task force approach, with the content coming from the Office of Public
Information; the technical aspect from the Fire Department, because the Fire
Department had already equipment and...
Commissioner Plummer: Sue, excuse me.
Ms. Smoller: Um-hmm.
Commissioner Plummer: And I'm going to be very brief, for one second.
Ms. Smoller: Um-hmm.
Commissioner Plummer: Do you understand that the feeling expressed by this
Commission?
Ms. Smoller: Yes.
Commissioner Plummer: We're not happy with what's there.
Ms. Smoller: Exactly.
Commissioner Plummer: I mean, I know what you're going to tell me...
Ms. Smoller: Exactly.
Commissioner Plummer: ...what you're doing. I've seen it.
Ms. Smoller: Yeah.
Commissioner Plummer: But I think you need, or the Manager needs to
understand...
Ms. Smoller: Um-hmm.
46
September 24, 1992
Commissioner Plummer: OK.
Mr. Odio: ...and asked you, "What do you want to put up?"
Ms. Smoller: Exactly.
Commissioner Plummer: Well, that's all... I move to deny.
Mr. Odio: So, that's why it's on here.
Ms. Smoller: It's for you.
Commissioner Plummer: That's why I move to deny. And the second was by my
colleague, Mr. Dawkins, and that is, he has expressed his opinions, I have
expressed mine. And I think you need the Administration to go back and take
those thoughts into consideration and bring it back and hopefully we'll
agree...
Ms. Smoller: Excellent.
Commissioner Plummer: ...and you'll have a five - oh vote and we'll go on the
air the way that it should be.
Commissioner Dawkins: And one thing we must say. One thing we must say that
seems to be missing; anything that's legislated by this Commission can be
unlegislated. So don't tell me that you brought before me something that I
accepted...
Ms. Smoller: Exactly.
Commissioner Dawkins: ...and I agreed on, as if it's written in stone, and
five... three votes up here cannot change.
Ms. Smoller: Of course.
Commissioner Dawkins: OK. All right. Thank you.
Ms. Smoller: Of course.
Commissioner Plummer: Just for the...
Vice Mayor Alonso: I have a question.
Commissioner Plummer: Go ahead.
Vice Mayor Alonso: No. Recently I was involved in three occasions, and we
have continued to do so, to complete forms for people to help them become
citizens -- American citizens. You sent the cameras to the... at least in
two occasions... We were able to complete approximately 20,000 forms. I
47 September 24, 1992
b
think it was important for the citizens of Miami to know, and as a matter of
fact, citizens of Cade County, to know about this. And it was never used. No
Information was given. I thought that the intent...
Commissioner Plummer: Thank you.
Vice Mayor Alonso: ...of this Channel was to inform the public, to let the
public know of activities that are important today. And it seems to me that
also for people that are not citizens but are taxpayers, this information is
important. We have many people from all over the world that reside in the
City of Miami, and they would like to be able to use this free service that
was provided to them. It was convenient. It was on a Saturday, no cost to
them. The Police Department was helping us, many volunteers from Dade County
and City of Miami... Why was it not used?
Ms. Smoller: Vice Mayor Alonso, you're absolutely right. That's important
information. I can't answer your question. It could be that the hurricane...
Vice Mayor Alonso: No, no, ma'am.
Ms. Smoller: ...interrupted and it hasn't been edited yet.
Vice Mayor Alonso: We started in the month of April.
Ms. Smoller: Yeah.
Vice Mayor Alonso: And we went on, on several occasions. It was important
for Channel 10 to come.
Ms. Smoller: Yeah.
Vice Mayor Alonso: Seven, Four, Twenty -Three, Fifty -One, all of them... I
believe that our own channel should care about this.
Ms. Smoller: Yeah. I certainly will...
Vice Mayor Alonso: On the other hand, I have seen...
Ms. Smoller: Yeah.
Vice Mayor Alonso: ...repetitious materials over and over and over and over,
to the point of driving the people crazy, insane, to the point of not wanting
to cross that channel any longer. Why, when you have other materials that you
could have used, you didn't? I'd like to have, in writing, an explanation of
why this material was not used, why it was not presented through the channel,
the dates, because we sent faxes informing the date, that was not used. I
wonder why.
Mr. Giovanni Felipe: Perhaps I can address some of those questions.
Commissioner Plummer: Start off with your name, mailing address, social
security number and telephone.
48
September 24, 1992
[ k 4
fr +fr }
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- Mr. Felipe:
My name is Giovanni Felipe.
I'm with the City of
Miami Fire
Department.
I'm in charge of the production
aspect of Channel 9.
Vice Mayor Alonso: Yes.
Mr. Felipe: And I duly reside in the City of Miami, by the way.
Vice Mayor Alonso: That's excellent.
Mr. Felipe: Thank you. We have a couple of problems here that need to be
addressed on Channel 9. First of all, Channel 9 is something that we're
experimenting with. It's something that we have to try. It takes... It has
growing pains. It's nothing we cannot do overnight. Right now we're running
into a situation where we have very little staffing. Practically, Channel 9
is a couple of people that work with me and myself and that's about it. So,
we have no staffing. We have no money, no budget. We're working... We're
putting our efforts in this channel. We're trying to do the best we can.
Vice Mayor Alonso: Is that your excuse for not using something that is so
important?
Mr. Felipe: Well, the problem is that it takes this information that we're
out there and gathering, we have to put it together. We are actually doing
the best we can. We go out there and we shoot it and then we have to go back
and try to put this together. Other things happen in the meantime. My job is
not only trying to help Channel 9, but also, I do the Fire Department's video.
And the equipment that is being used is the Fire Department's equipment so,
basically, we're kind of splitting our work load between Channel 9 and the
Fire Department. So it's very, very difficult. And that's the biggest
problem that we have, is that we do not have the proper staff, we do not have
the funding that we can do a better job. So, we have to go very, very slow on
this thing. I understand your frustrations because I get bored myself of
watching the same thing playback over and over again. But we do have to put
something on the channel to keep it from losing it.
Vice Mayor Alonso: Do you have an explanation why you didn't use this
material, that it seems to me is important?
Mr. Felipe: Well, we have to be very careful with the kind of material that
we do put on Channel 9 and this was something that...
Vice Mayor Alonso: Do you think letting the public know that they can come
and become American citizens, free of charge, a service that the City of Miami
was providing with volunteers, and that we had about 200 people working on
Saturday, to do it free for the people of the City of Miami and Dade County,
was important material?
Mr. Felipe: Madam Vice Mayor, who was spearheading this?
Vice Mayor Alonso: Yes. I was. And I still am.
Mr. Felipe: OK. That is a problem because...
Vice Mayor Alonso: You people went with the cameras.
49 September 24, 1992
-•�
r
MM
#i
- Mr. Felipe: Yes. I was one of the ones that was actually there and shot it,
so believe me I know.
Vice Mayor Alonso: And we sent faxes letting you know when we were going to
do it next. It was never used, the information. All radio stations were
using the information. We faxed them and they used it. Channel... All
channels, TV stations, also used the information. Then our own channel
didn't. And I wonder why.
Mr. Felipe: The problem here is...
Vice Mayor Alonso: It's difficult to understand.
Mr. Felipe: Yes. I know it's difficult and it's very difficult for us
because this is a very touchy issue. And the simple reason is that we... The
intent of Channel 9 is to become a nonpolitical channel and I'm not saying
that this is a...
Vice Mayor Alonso: I don't know if you claim that becoming a United States
citizen, an American citizen, has anything to do with politics.
Mr. Felipe: But there is a gray area, Madam Vice Mayor. There is a gray area
there and, again, you said yourself that you are the one that's actually
spearheading this project. So, as far as the channel is concerned...
Vice Mayor Alonso: So, you mean you were making judgment that it was
political?
Mr. Felipe: No, I am not saying that. I am saying that this...
Vice Mayor Alonso: Well, that's what you implied to me...
Mr. Felipe: No, no.
Vice Mayor Alonso: ...when you see there is a gray area and political. What
do you mean by that?
Mr. Felipe: OK. What I mean is, again, we're trying to avoid...
Vice Mayor Alonso: And then let me be clear.
Mr. Felipe: Sure.
Vice Mayor Alonso: It was your decision.
Mr. Felipe: No, ma'am.
Vice Mayor Alonso: Whose decision was it?
Mr. Felipe: OK. We, at this particular time... We are trying to, through
Carlos Smith... He's the one that's actually making...
50 September 24, 1992
Vice Mayor Alonso: So was Carlos Smith the one that decided not to use this
information?
Mr. Carlos Smith: No. Basically... Let me...
Vice Mayor Alonso: Who made the decision? I mean, I hope somebody makes
decisions over there.
Mr. Smith: Basically we had a set of rules that we passed to the Commission,
the Commission approved a few months ago. Basically to try to keep Channel 9
information about the City and so forth and as apolitical as possible.
Vice Mayor Alonso: Do you think it's proper information to let the citizens
of Miami know that there 1s a free service? Something that some companies
charge them $150, other companies $90, other companies $75, and this is done
free of charge.
Mr. Smith: Let me...
Vice Mayor Alonso: And are you telling me this was not important for many
segments of this community?
Mr. Smith: We probably might have erred in maybe not putting it on a bulletin
board, saying that this was available at such and such a date. If we did
not...
Vice Mayor Alonso: Channel 9 did not use it once.
Mr. Smith: If we did not do that, then we're in error. Sure, we should have
put that...
Vice Mayor Alonso: Certainly. But now what worries me is his comments where
he makes reference that if we are involved it's political and then we have to
go back to what Commissioner Dawkins said.
Mr. Smith: Let...
Vice Mayor Alonso: Is this channel, since you say it's our channel, supposed
to say no members of this Commission can be there?
Mr. Smith: Let me say this. We...
Vice Mayor Alonso: This is very strange to me.
Mr. Smith: As I said before, we had a set of rules that we had put together
and you approved it. You all approved it. Secondly, what we wanted to do so
that we try to stay... The Administration is trying to stay away from the
contents as much as possible, we do have the item in the Commission every
month saying what it is that we're going to put in next month. If you want us
to be more specific as to Miami N.E.T. News, or Miami News, or whatever, Miami
Review, whatever it is that we call that section of news that we're producing,
as to what the contents specifically are on those issues, we'd be more than
happy to do that.
51 September 24, 1992
h
Vice Mayor Alonso: I personally don't want to take more time from this
Commission. I would like to have, in writing, information of who made the
decision not to use this material...
Mr. Smith: No, no.
Vice Mayor Alonso: ...and why becoming a citizen is not important, and why
you decided not to provide this information to the public, letting them know
that this was free and available to them.
Mr. Smith: We'll do that.
Vice Mayor Alonso: And why, after you sent the cameras, 1n at least two
occasions, you decided not to use it.
Mr. Smith: OK. We'll do that.
Commissioner Plummer: I still, Mr. Manager, for me... I think that Channel
9, as I said, has been a good channel. I think it provides a medium to inform
the public of this community that has never been afforded before. But I
personally still feel that there should be outside of City people, private
citizens, who should serve as a committee, whether you call it an Overseer
Committee... I'm not in favor of censorship but I don't need...
Mayor Suarez: You could phrase it in the affirmative. You could phrase it in
the affirmative. That gets rid of all the censorship issues.
Commissioner Plummer: OK.
Mayor Suarez: You'll have more
whoever the person designated is...
Mr. Odio: I...
involvement from the Manager's office and
Mayor Suarez: ...in preparing programming. You can have so much programming
that we think it's a good idea that the other stuff can't get in there anyhow.
Mr. Odio: Let me tell you...
Mayor Suarez: So, you don't get into the censorship issue.
Commissioner Plummer: Mr. Mayor, just
produced for International Trade Board...
Mayor Suarez: Right.
to give you an example. I have had
Commissioner Plummer: ...six videos of thirty minutes each, both in English
and in Spanish, to be used on Channel 9 in the coming weeks and the coming
months. I think that is the kind of things that Channel 9 should be doing.
Vice Mayor Alonso: Very good.
Mr. Odio: That's what we want.
52 September 24, 1992
-�
Commissioner Plummer: 00
Mr. Odio: Maybe I can... I'll answer,..
Commissioner Plummer: But remember, even that... I want to tell you I was
surprised but I'm not in objection, I think it was very good that each... I
asked yesterday why they had not been on the air and 1 found out this guy was
too busy to review them for City liability. And I got upset at first but then
I realized that it was a necessity.
Mr. Odio: Well, we... Let me...
Commissioner Plummer: And I think that's where a committee comes in.
Mr. Odio: Let me tell you something. We do not have a studio. We do not
have staff producing shows. We have some tapes that are put in a computer and
the computer keeps running it over and we did...
Commissioner Plummer: Mr. Manager, what we're saying - it's good but we need
to make it better.
Mr. Odio: Well then you need, and I don't think I'm ready to...
Mr. Felipe: We need backing from the Commission to be able to do that.
Commissioner Plummer: And you're not... If you need staff and you need some
dollars then I think it should be done. Either we're going to put our money
where our mouth is or let's eliminate it. That's the name of the game.
Mr. Odio: Another thing, I need a generic policy decision here. If...
Because we don't want to be judges either, that's why I put this item on the
agenda every month. If Commissioner De Yurre, as Victor De Yurre, doing a
show or doing something, or if it's Commissioner De Yurre on behalf of the
City of Miami doing an official act, there's a big difference there. And
that's something that has to be decided by you. If it's J.L. Plummer burying
somebody or is it Commissioner Plummer on behalf of the City of Miami,
representing ITB doing something. Or it's Mayor Suarez on behalf of the City
of Miami making the annual State of the City, or it's Xavier Suarez doing
something for the homeless somewhere. There is a fine line here and I don't
want to put them in a position to have to judge that. That's why I brought it
here.
Commissioner Plummer: But you see that's why an outside private committee
could do that judging and it would not be considered politics. If you do 1t
in-house, or you do it at this Commission level, somebody's going to say
judgment was predicated on politics. Where if you had three people, or four
people from the outside, totally unrelated to the City, independent, who would
be making those judgment calls, I think you would be much better off and then
no one could say that it's politics.
Vice Mayor Alonso: But when something of great importance is happening in
this community and it's something that provides service to the citizens of
Miami, regardless of who is involved, it should be given the publicity
necessary because...
`` 53 September 24, 1992
- i
Mayor Suarez: No, don't...
Vice Mayor Alonso: ...it is a free service to the citizens of Miami. And it
seems to me that it was very wrong for our channel not to use it when all
other organizations found it appropriate to do it as public service.
Mayor Suarez: Don't answer that. The fact of the matter...
Vice Mayor Alonso: Why not?
Mayor Suarez: Because I'm instructing him not to answer it, that's why. As a
matter of policy, the policy enunciated by the Manager makes enormously good
sense to me. Any activity, by any member of this Commission, that is not an
official City event, is probably one that should not be on the channel. And
at the appropriate time, Mr. Manager, submit to us that policy, for our
approval...
Mr. Felipe: Take that and they approve it.
Mayor Suarez: ...Madam Vice Mayor, and you can insist that some things be
official City activities and we may or may not approve it collectively. But,
generally, if any one of us is involved in a public service that doesn't mean
it has to be on N.E.T. It's as simple as that.
Vice Mayor Alonso: Mr. Mayor?
Mayor Suarez: Yes, ma'am.
Vice Mayor Alonso: Yes. I'd like to know if from now on, when one of us asks
a question or addresses a person who is in front of the Commission, you are
going to overrule the answer. I have been coming for many years to the City
Commission and it is the first time that I ever see the person who chairs the
meeting saying that, "Because I decided that they don't respond." I find that
this is very rude, uncalled for and unnecessary. And you don't have to answer
either.
Mayor Suarez: OK, ma'am. But I will answer. I will do it selectively to
maintain procedures here, as I stated earlier this morning, on .an even keel,
moving forward, when we've got many, many other items. And that particular
question is a question of policy. This Commission should answer it. If you
want a particular item answered by any City staff or by the Manager... By the
way, there is some situations in which the Manager can himself instruct a
particular employee to answer or not to answer. Within the rules, the Masons
Rules of Procedures, that we abide by here, there is discretion to the chair
in a variety of situations. That is not going to be an unusual case where I
have instructed a particular question to be answered by this Commission
because it is proper for this Commission to answer that question. That is not
something that Giovanni Felipe has decided. He is just being put on the spot.
You've already got answers from him. If you want to further question him, if
you think that his answers will be useful in your determination, that's fine.
He was, in effect, volunteering an answer that was not necessary for him. I
don't think he has to be put on that spot and I'm willing to answer on his
behalf. You're not impeded in your inquiry, Madam Commissioner. You can ask
all the questions you want on this item or any other item.
54 September 24, 1992
V
Vice Mayor Alonso: Mr. Mayor, I would...
Mayor Suarez: Yes, ma'am.
f
-
Vice Mayor Alonso: ...like that you respect me as an elected official, as a
member of this Commission, and as a person who always has extended to you
respect and consideration. And when I ask a question, I will ask from you
that you allow the person to respond to me because I'm always very courteous,
very respectful to the employees of the City of Miami as well as the general
public. Also, as a member of this Commission, I'm always very careful not to
extend myself and as you have recollection, I had previously stated to this
group that I wanted them, in writing, to give me the response. But I felt
that it was necessary to clarify that point and as a member of this Commission
I have every intention to continue to do so and to ask. And if I have further
to go and demand from you that you respect me and the way in which I conduct
my inquiries. Thank you.
Mayor Suarez: You do, as a matter of fact, abide by all of our procedures
about as well as any Commissioner that's ever served on here, Madam Vice
Mayor. That particular question really should be answered by this Commission.
That's all I was indicating. OK. Ladies and gentlemen we're on item...
Commissioner Dawkins: Mr. Mayor, may I?
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: What is the final say on this? May I have it from
somebody over here?
Commissioner Plummer: My motion was to deny.
Vice Mayor Alonso: I second with pleasure.
Commissioner Plummer: Deny the matter on the agenda. No, Commissioner
Dawkins already seconded the motion.
Vice Mayor Alonso: OK. So, thoroughly.
Commissioner Plummer: And basically what I would be doing by my denial is
that what you're presently running, you would run until other things have been
made accommodating. And, in my particular case, it is that I'm striving for a
private, independent, outside committee who will review, if that's the proper
terminology, any matters that are going to go on that channel.
Mr. Odio: Commissioner Plummer, just finalize this. The intention... My
number one intention with Miami N.E.T. 9 was to have TCI give us a channel
that we were entitled to.
Commissioner Plummer: Yes sir.
Mr. Odio: And we have to keep running... Number two...
Commissioner Plummer: Again, I say to you, Mr. Manager...
55 September 24, 1992
Commissioner Plummer: It is a very good channel that we'd like to make
better.
Mr. Odio: The number two intention is to keep running a bulletin board
informing the public where to go for services.
Commissioner Plummer: You're doing that now and you can continue to do that.
Mr. Odio: Now, the reason I keep bringing this back to you is that if you
have any other programming you want, or tapes like you're mentioning ITB, tell
us. But I will have... I don't want to put my people on the spot to have to
make decisions on what is political and what is not. And I'll repeat it. I
need an answer. I will bring it in writing that if it's J.L. Plummer doing
something that's not going to be on...
Commissioner Plummer: Well, let me try to clear that.
Mr. Odio: And if it's Commissioner Plummer on behalf of the City of Miami
doing something it should be on.
Commissioner Plummer: You see, I think it's a very simple answer. I think
that any function that is approved at this table...
Mr. Odio: Then it should be done.
Commissioner Plummer: ...as an official City function qualifies...
Mr. Odio: That's right.
Commissioner Plummer: ...to be on that channel.
Mr. Odio: Then I have no problem.
Commissioner Plummer: OK? Now, 1f I go out here as they did during the
hurricane, and they caught me cutting trees in my neighborhood to help my
neighbors get through all of the trees...
Mr. Odio: That should not be on.
Commissioner Plummer: That should not be on there. That could be
misconstrued as political. By the way, it did appear in the Tampa paper but
not in the Miami paper.
Mr. Odio: Because you...
Commissioner Plummer: But I'm not running in Tampa. OK?
Mr. Odio: You told them.
Commissioner Plummer: So...
56
September 24, 1992
Commissioner Plurrmer: I was amazed. But that to me, that's the answer.
Mayor Suarez: Sometimes not in the local paper but...
Commissioner Dawkins: OK.
Commissioner Plummer: ...as far as I'm concerned. Anything that's approved
here is free to go on that channel.
Commissioner Dawkins: OK. All I need to know is, if the five Commission
officers will be featured on the N.E.T. program each week? That's all I need
to know.
Mr. Odio: Commissioner, that's what we're trying to get at.
Commissioner Dawkins: I don't expect you to go to any barmitzvahs with me. I
don't expect you to film me delivering a baby. I don't need that.
Mr. Odio: If you have a...
Commissioner Dawkins: But in the event that my office is contacted, as we
are, to assist N.E.T. in removing a problem that they can't move...
Mr. Odio: Then it should be...
Commissioner Dawkins: It should say that N.E.T. and Commissioner Dawkins'
office solved this problem.
Mr. Odio: Yes. Commissioner, let me give you a...
Commissioner Dawkins: OK. That's all I need.
Vice Mayor Alonso: Mr. Mayor?
Mr. Odio: Commissioner Dawkins, what I was trying to get at... When
you
have, I think that Hadley Park festival, whatever, on behalf of the City of
Miami, that can be featured.
Commissioner Dawkins: Um-hmm.
Mr. Odio: But if you have a Hadley Park rally for Commissioner Dawkins that
will not be featured.
Commissioner Dawkins: No. I have to pay the...
Mayor Suarez: ...to make sure that that's not on.
Commissioner Dawkins: I have to pay the TV channel for that.
Mayor Suarez: But we've interrupted the Vice Mayor whose been waiting to
speak, Commissioner.
57 September 24, 1992
Commissioner Dawkins: Now, but where is the money going to come from to run
this, Mr. Manager? Because I keep hearing people say...
Mayor Suarez: Vice Mayor yields to Commissioner Dawkins.
Vice Mayor Alonso: Sure, of course.
Mayor Suarez: Thank you.
Commissioner Dawkins: ...they want to do it professionally, they want the
staff, they want a professional job that has to be done within a studio, where
you've got the proper sound and the proper lighting. Now where's this money
coming from?
Mr. Odio: That's why I haven't done it either because I don't have the money.
Commissioner Dawkins: No, but you see, you need to say to us...
Mr. Odio: Right.
Commissioner Dawkins: ...if you want a first class product, you've got to
spend a first class dollar. If you do not spend a first class dollar you have
to take what you're getting.
Mayor Suarez: Right.
Mr. Odio: Yes.
Commissioner Dawkins: It's just that simple, Mr. Manager.
Mayor Suarez: Right.
Mr. Odio: That is a very good answer.
Mayor Suarez: Vice Mayor Alonso.
Vice Mayor Alonso: Also, perhaps, it should be limited the number of times
that we see...
Commissioner Plummer: Well, this is...
Vice Mayor Alonso: ...the City Manager receiving awards. At least for one
vote in this Commission, I think it's excessive the amount of times that we
have seen that over and over and over and over. If it's not political...
Commissioner Plummer: How many days is it?
Vice Mayor Alonso: The only thing is he's not running for office.
Mr. Odio: Well, I didn't... I should maybe. I'll tell you something,
Commissioner, - I asked them specifically not to do show that.
58 September 24, 1992
Vice Mayor Alonso: No, excuse me. I didn't hear you.
Mr. Odio: You said that only thing I'm not doing is running.
Vice Mayor Alonso: You said you will be running? What did you say?
Mr. Odio: You said that only thing I'm not doing is running for office.
Maybe I have the right to do so if I want to.
Vice Mayor Alonso: Oh, as any other citizen of the United States.
Mr. Odio: As any other citizens have. And that's my prerogative.
Vice Mayor Alonso: Is that an announcement?
Mr. Odio: Maybe it is. I don't know. I announced this morning that I'm
staying here.
Vice Mayor Alonso: That's good.
Mayor Suarez: We will reserve another period of our agenda for political
announcements. All right. Item 4, we have a motion to deny. It's been
seconded.
Commissioner De Yurre: I'll switch seats with him. Give me his...
Commissioner Plummer: Well, Mr. Mayor, so it doesn't sound so negative...
Mayor Suarez: Commissioner De Yurre has offered to switch seats with the
Manager as long as he gets the pay...
Commissioner Plummer: May I suggest that I think...
Mayor Suarez: ...the corresponding pay that goes with the City Manager's
seat. Yes?
Commissioner Plummer: The motion more preferred by me would be to defer until
the matters have been resolved.
Mayor Suarez: Yeah. I think that's better. Please.
Commissioner Plummer: OK?
Mayor Suarez: So moved.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. And folks, before you get too carried away with
N.E.T, - the main problem here is a matter of budgeting and you're not going
59 September 24, 1992
r
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to get a vote here to fund that beyond what it has already.
interim, ma'am, I'm told.
Mr. Odio: Yes.
Mayor Suarez: Some of the other employees up there...
Commissioner Plummer: Hey you'd better.
You're an
Mayor Suarez: ...are basically employed in other capacities. You know, I
hope you don't start hiring people left and right to do this because we just
can't afford it. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-573
A MOTION TO DEFER AGENDA ITEM 4 (PROPOSED RESOLUTION
SETTING FORTH NEW SPECIAL PROGRAMS AND EVENTS TO BE
PRODUCED AND CABLECAST ON THE CITY'S MUNICIPAL ACCESS
CHANNEL, "MIAMI NET 911) UNTIL SUCH TIME AS PROBLEM
AREAS CONCERNING PROGRAMMING HAVE BEEN RESOLVED.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And I keep calling you ma'am. One of these days I'll get the
name down.
60 September 24, 1992
M AIiYY - iiY iiyL Yi r iff- W-------------Y ii--------------------------------------------------
16, (A) ESTABLISH POLICY OF THE CITY COMMISSION TO ENSURE THAT ALL FUTURE
CERTIFICATION COMMITTEES TO EVALUATE REQUESTS FOR PROFESSIONAL SERVICES
BE CONSTITUTED WITH A MEMBERSHIP RATIO SUCH THAT THERE WILL ALWAYS BE
MORE MEMBERS FROM THE PRIVATE SECTOR THAN MEMBERS APPOINTED BY THE CITY
MANAGER.
(B) DESIGNATE AS CATEGORY "B" PROJECT ACQUISITION OF PLANNING AND
DESIGN SERVICES (INCLUDING PREPARATION OF CONSTRUCTION DOCUMENTS) FOR
THE TOWER THEATER RENOVATION PROJECT -- APPOINT CERTIFICATION
COMMITTEE -- APPOINT HERBERT J. BAILEY AS CHAIRPERSON.
------------------------------------------------------------------------------
Mayor Suarez: All right Item 5, designating as a category "B" project.
Vice Mayor Alonso: Move it.
Mayor Suarez: So moved. Tower Theatre renovation project.
Commissioner Dawkins: I'll second. Under discussion.
Mayor Suarez: Yes?
Commissioner Dawkins: Why is it that we do not get more people from the
community...
Commissioner Plummer: Because we don't insist on it.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: Because we don't insist on it.
Commissioner Dawkins: You know, I mean, every time there is a committee
there's one person from the community and everybody else is from staff.
Commissioner Plummer: Well, Mr. Dawkins, I'll tell you what. You make a
motion that says that in the future that all committees relating to selection
will be one more of the general public than the in-house number of staff, and
I'll second such a motion.
Commissioner Dawkins: I make... I move it.
Commissioner Plummer: I second.
Commissioner Dawkins: Under discussion. Is that legal, Mr. City Attorney?
A. Quinn Jones III, Esq. (City Attorney): You'd need a Code change because
the Code specifically provides the makeup of this particular committee.
Commissioner Plummer: Oh, it does?
Mr. Jones: Yes.
61
September 24, 1992
Mr. Jones: Yes.
Commissioner Plumper: But nowhere in the Code does it say that you can't have
additional members on that committee.
Mr. Jones: That's correct.
Commissioner Plummer: And that's all we're saying by this motion. That
whatever you have, if you comply with the Code with five members of that
committee, then you must have six from the private sector.
Commissioner Dawkins: That's all.
Commissioner Plummer: If you have four required by that Code, you must have
five from the private sector. The private sectors are not dumb people.
Commissioner Dawkins: Um-hmm. OK.
Mr. Herb Bailey (Assistant City Manager: That's all we said.
Commissioner Dawkins: And by the same token...
Mr. Bailey: We didn't say...
Commissioner Plummer: I so move.
Mr. Bailey: We didn't say anything...
Commissioner Dawkins: Well it's been moved and seconded. But, as to an
amendment...
Commissioner Plummer: All right, sir.
Commissioner Dawkins: The people from the Administration be selected by the
Manager and the people from the private sector be elected by the Commission.
Commissioner Plummer: Oh, I don't have any problem with that.
Commissioner Dawkins: OK. Good.
Vice Mayor Alonso: In the meantime, for the sake of this theatre, very
important to the area of Little Havana, can we get this moving? Last session
it was postponed because of this discussion.
Commissioner Plummer: No, no.
Vice Mayor Alonso: And now again, if we don't approve this today, it will be
another delay and...
Commissioner Plummer: No, no, ma'am.
62 September 24, 1992
Vice Mayor Alonsos ..it's been dragging and... Well, last Commission
meeting...
Commissioner Plummer: No, excuse me. This motion...
Vice Mayor Alonso: ...it was postponed because of the same discussion.
Commissioner Plummer: This motion that I make...
Vice Mayor Alonso: I tried to pass it... Excuse me. I tried to pass it at
the end of the meeting and then I was told that since it was previously
addressed, the questions of the components of the selection committee...
Commissioner Plummer: How many people on this committee?
Mr. Jones: Three.
Vice Mayor Alonso: ...it was better to postpone to this session...
Commissioner Plummer: So we can get four from the outside?
Vice Mayor Alonso: ...and here we are again. I would like to be sure that we
divide the two things for the sake of...
Commissioner Plummer: No questions.
Vice Mayor Alonso: ...this theatre and we approved it. We've had a motion
and a second. We should have taken that vote and then address the question of
the components of the selection committee, which is fine. I couldn't agree
more with you people in that sense. But it should be kept separately because
we keep bringing it all back... The time of the Tower and it is delayed.
Commissioner Plummer: What's first the cart or the horse?
Unidentified Speaker: Welt...
Commissioner Plummer: Madam Vice Mayor...
Vice Mayor Alonso: Yes.
Commissioner Plummer: There's no question. There's no problem. That in this
particular case this motion will pass, I assume it will. And in this case
we'll name five members of the public to that committee and that's it. But it
will establish from here on out...
Vice Mayor Alonso: Wonderful.
Commissioner Plummer: OK? Now, you want to handle the Tower first? Then
it's not mandatory that the members of the public...
Vice Mayor Alonso: Either way. What I wanted was just to clarify that we
just don't delay it because it was delayed already last session.
Commissioner Plummer: What? No. I don't want to bring it back.
63 September 24, 1992
Mayor Suarez: All right.
Vice Mayor Alonso: So, whatever you want to take...
Mayor Suarez: So moved.
Vice Mayor Alonso: If the both of them have been...
Commissioner Plummer: The amendment... My... Commissioner Dawkins'
amendment is that on the floor which I've seconded naming...
Mayor Suarez: OK. Can we take that together with the motion on this item?
Commissioner Plummer: I think you should handle it separately...
Mayor Suarez: All right. As to that motion then..
Commissioner Plummer: ...because it's going to address all committees in the
future.
Mayor Suarez: ...we'll entertain a vote. Call the roll on that motion. That
all future selection boards of this sort have...
Mr. Cesar Odio (City Manager): Mr. Mayor...
Commissioner Plummer: Should be weighted in favor of the public sector.
Mr. Odio: Wait. Excuse me. All we're doing...
Mayor Suarez: Should have more private sector involvement. Yes?
! Mr. Odio: All we're asking you now to do is just designate this as a category
i ueu
Mayor Suarez: We're going to do that. We're going to do that in the next
vote.
f Mr. Odio: ...and then we'll come back... OK.
Commissioner Dawkins: On the next vote.
Mayor Suarez: Call the roll, please, on that first motion. For future
boards.
64 September 24, 1992
S ep
:l
a*
i
r
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-574
A MOTION ESTABLISHING CITY COMMISSION POLICY THAT ALL
FUTURE CERTIFICATION COMMITTEES TO EVALUATE REQUESTS
FOR PROFESSIONAL SERVICES BE CONSTITUTED WITH A
MEMBERSHIP RATIO SUCH THAT THERE WILL ALWAYS BE MORE
MEMBERS FROM THE PRIVATE SECTOR THAN MEMBERS APPOINTED
BY THE CITY MANAGER.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: On Item 5, we all want to get that going.
Vice Mayor Alonso: Yeah. I move.
Mayor Suarez: Moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: Mr. Mayor, let me say for the record...
Mayor Suarez: Yes.
Commissioner Plummer: ...that as you know, I oppose this from inception. It
is now a matter of fact and I will vote in favor of this project, not because
I had any change of heart, but this Commission decided they will go forth with
this project and it is now up to me to try to get the best for this project
that I can and I will be voting in favor.
Commissioner De Yurre: J.L., we'll make sure that they have subtitles in
English for you.
Mayor Suarez: Very good. Call the roll on the item.
Commissioner De Yurre: You go in there.
Commissioner Dawkins: He speaks Spanish.
65 September 24, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-575
A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE
ACQUISITION OF PLANNING AND DESIGN SERVICES INCLUDING
PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE TOWER
THEATER RENOVATION PROJECT; AUTHORIZING THE CITY
MANAGER TO ADVERTISE FOR THE REQUIRED PROFESSIONAL
SERVICES; APPOINTING A CERTIFICATION COMMITTEE OF NOT
LESS THAN THREE QUALIFIED PROFESSIONALS FROM THE
CITY'S STAFF; AUTHORIZING THE CITY MANAGER TO APPOINT
A FOURTH CERTIFICATION COMMITTEE MEMBER WHOSE
PROFESSIONAL EXPERTISE IS IN THE AREA OF CULTURAL
FACILITIES PLANNING SUBSEQUENT TO RECEIPT OF THE
PROPOSALS, AND APPOINTING HERBERT J. BAILEY, ASSISTANT
CITY MANAGER, AS CHAIRPERSON OF THE COMPETITIVE
SELECTION COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA
STATUTES SECTION 287.055, AND CITY OF MIAMI CODE
SECTION 18-52.3.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Cesar Odio (City Manager): Don't touch that.
Mayor Suarez: Please, J.L., don't touch that one.
Mr. Odio: Please.
Mayor Suarez: A vote for...
Ms. Matty Hirai (City Clerk): Your vote, sir.
Mr. Odio: Let's just say you owe him one.
Commissioner Plummer: I got to think about it. I vote yes.
66 September 24, 1992
v VFW o
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: You see, the only problem, Mr. Mayor, is I don't mind
his comment...
Mayor Suarez: Right, I know.
Commissioner Plummer: But it also should be followed up for Victor, they will
have subtitles in Spanish.
Commissioner De Yurre: In both languages.
16. RATIFY AND REAFFIRM SELECTION OF WACKENHUT CORPORATION FOR PROVISION OF
ARMED PRIVATE SECURITY SERVICES FOR THE FLAGLER / CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT AND FLAGLER / CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT EXPANSION DISTRICT.
Vice Mayor Alonso: Finally, six...
Mayor Suarez: Do you see how there really is a lot of banter back and forth
up here on that issue? - and it maybe should not be taken too sensitively by
anybody although maybe it also shouldn't be used, but...
Commissioner Plummer: Mr. Mayor... Item 6.
Mayor Suarez: Yes. Item 6.
Mr. Cesar Odio (City Manager): What happened to the...
Commissioner Plummer: It was my idea brought this back and I had before, and
I say it again, the matters I brought up at the point were resolved.
Mr. Odio: By that time the... will be left...
Commissioner Plummer: I had two areas of concern. Number one, brief idea
that there was a problem with this particular firm that had been on nationwide
TV, that matter has been resolved. My second, is still up to the City
Attorney to give me a ruling that by virtue of the DDA (Downtown Development
Authority) involvement that any scenario that would occur, that liability is
not going to accrue back to the City of Miami. Had the merchants themselves
made this selection without DDA, or without the City of Miami, there was no
question we would not have a liability. But when the DDA got involved, which
is an arm of this Commission, then I think that there is that potential, and I
want to make sure that this City is protected; that should any kind of an
unfortunate incident occur, that in no way will this City be liable, to the
extent we can. So I ask the City Attorney to speak to the issue of liability
based on this if it were to be approved in the concept that it is presented to
us here this morning.
67 September 24, 1992
A. Quinn Jones 1119 Esq. (City Attorney): OK. Commissioner, my
understanding is that the agreement calls for an indemnification from this
firm as well as a hold -harmless agreement. 1 further understand that they're
providing a $5,000,000... $5,000,000 worth of coverage which means, in fact,
that if, for whatever reason, there is an injury or whatever, 1n all
probability the City will be named as well as this particular agency.
Commissioner Plummer: OK. That's what...
Mr. Jones: However, this agency, by virtue of the indemnification and hold -
harmless agreement, would in effect be stating that they would stand in the
shoes of the City of Miami, provide whatever representation is needed on
behalf of the City. So...
Commissioner Plummer: Wel1...
Mr. Jones: To that extent, we would be protected.
Commissioner Plummer: Does that indemnification also cover, if in fact that
scenario came about, attorney fees involved?
Mr. Odio: I offered them...
Mr. Jones: It provides for those costs.
Mr. Odio: The Commission offered $16 an hour and they decided to do...
Mr. Jones: Yes it does.
Commissioner Plummer: Mr. Mayor, I...
Mayor Suarez: Anything further on the item?
Commissioner Plummer: I, you know... I guess there's really nothing we can
do. I think it's... In the first place, I think it's unreasonable that they
have to do such, but obviously they feel the need for that protection.
Mr. Odio: Oh my goodness!
Commissioner Plummer: I think it would have been better for the scenario of
everybody if it could have been police officers. But the problem, I
understand, is that there could not be a guarantee of police officers there at
all times when emergency said they've got to be elsewhere. The merchants want
it. They put their money where there mouth is. I move the item.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion?
i' Commissioner De Yurre: Discussion.
r
Mayor Suarez: Yes.
68 September 24, 1992
Commissioner De Yurre: As I said originally, I would much rather have had our
Police Department doing the job and I've requested of them to match,
basically, the amount that was going to be paid to the private sector here,
and they did that. And I want to show my gratitude to them and let them know
that I appreciate them helping out in this process. I've also met again, for
the "Nth" time with the people that are going to be paying for this and they
feel very strongly at trying this procedure, trying to see what kind of
results they can receive from going this route. And I'm acquiescing and I'm
going along with that request. However, I want to make sure that even in the
contract that is signed, that there be a clause there that should this
Commission, for whatever reason, decide that it's not appropriate, that a
cancellation can take place immediately without any penalties.
Commissioner Plummer: How could you do that? Victor, my understanding is...
Mr. Odio: Well, that is...
Commissioner Dawkins: You can't do that. That's their contract.
Commissioner Plummer: From what I've heard they've got to buy equipment.
Commissioner Dawkins: That's their contract.
Commissioner Plummer: They've got to hire personnel. And if you're going to
mandate on them that they have to cease immediately upon notification...
Commissioner De Yurre: J.L, what if all of a sudden something happens in the
first week? Are we tied down to having them there for the balance of the way
and we can't do a damn thing about it?
Commissioner Plummer: Well, my understanding this is, what a six month
program?
Unidentified Speaker: Yes, sir.
Commissioner Plummer: It's a six months trial program.
Mayor Suarez: There could be some...
Commissioner De Yurre: There...
Mayor Suarez: ...items that could happen that would give us cause...
Commissioner De Yurre: There have to be windows...
Mayor Suarez: ...to cancel it.
Commissioner De Yurre: There have to be windows created wherein we can get
out of this and, you know, whether... It's an experimental...
Commissioner Plummer: Well, why would we want to get out? We're not paying
{ for it?
69 September 24, 1992
C
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Commissioner De
Yurre: We May be liable for it.
Commissioner Plummer: Well, that was my area of concern from the very
beginning.
Mayor Suarez: Well, if that arises I think it will be covered by... It will
be covered by the agreement. I think there will be ways in which...
Commissioner Plummer: I think...
Mayor Suarez: ...if a great problem is created we'll be able to get out of
it.
Commissioner Plummer: Let me just say to the issue that as far as I'm
concerned...
Unidentified Speaker: It's a 90-day trial period.
Commissioner Plummer: ...I would assume that the City Attorney has gone over
the contract, especially those provisions of cancellation if they violate, or
breach that contract...
Mayor Suarez: Is there a termination for cause provision?
Commissioner Plummer: Oh, I've got to believe...
Mr. Jones: The contract hasn't been drafted yet. These are all in...
Commissioner De Yurre: There's nothing in...
Mayor Suarez: Well, will there be a termination for cause provision that will
allow us to immediately terminate this if there's a situation that is creating
an unexpected liability?
Mr. Jones: The R.F.P. (Request for Proposals)...
Commissioner Plummer: Well, make sure...
Mr. Jones: The R.F.P. had a provision for that.
Commissioner Plummer: Let Victor put it in there.
Mayor Suarez: No, would you... Would you make sure?
Commissioner Plumper: Make sure it's there.
Mr. Jones: The R.F.P. had a provision for that out.
Commissioner Plummer: Of course.
Mr. Jones: So we can't do that.
Mayor Suarez: Make sure that you review that.
�f
70
September 24, 1992
r.
=ate
Commissioner Plummer: Breach Of Contract, they're out.
Mayor Suarez: Commissioner...
Commissioner De Yurre: OK. I just want to make sure that we're covered on
that end.
Mayor Suarez: Make sure you review it because one of the members of the
Commission ought to do that.
Commissioner Plummer: I would suggest that, Commissioner De Yurre, once you
have made the contract that he have 72 hours to review that contract. If he
has no objections that it's approved. And if he does it will be scheduled for
the next meeting.
Mayor Suarez: So moved and that's built into the motion. Second?
Commissioner De Yurre: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-576
A RESOLUTION RATIFYING AND REAFFIRMING THE DOWNTOWN
DEVELOPMENT AUTHORITY'S SELECTION OF THE WACKENHUT
CORPORATION FOR THE PROVISION OF ARMED PRIVATE
SECURITY SERVICES FOR THE FLAGLER/CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT AND THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT EXPANSION DISTRICT; MAKING SAID
SELECTION SUBJECT TO COMPLIANCE WITH THE REQUEST FOR
PROPOSAL'S MANDATED DOCUMENTATION AND OTHER
CONDITIONS; FUNDING FOR SAID SERVICES TO BE PROVIDED
BY A SPECIAL ASSESSMENT ON PROPERTIES WITHIN SAID
DISTRICT; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH SAID PROVIDER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
71 September 24, 1992
in
3
AYES: Commissioner Victor Be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Under discussion, Mr. Mayor, after the vote...
Mayor Suarez: Commissioner Dawkins...
Commissioner Dawkins: I'm voting in favor of this but I have the same
reservations that Commissioner De Yurre has and that is that I would rather
have seen City of Miami policemen doing this. Regardless of what you tell me,
when Wackenhut discovers...
Commissioner Plummer: I know. Trying to get to it.
Commissioner Dawkins: ...something going wrong, Wackenhut cannot arrest
anybody. They have to hold the suspect in place until a City of Miami officer
arrives to make an arrest. So, therefore...
Commissioner Plummer: That's not true.
Commissioner Dawkins: ...I'm in favor but I see a lot of drawbacks and...
Commissioner Plummer: That not true. They can make a citizen's arrest.
Commissioner Dawkins: Beg your pardon?
Commissioner Plummer: They can make... On a felony they can make a citizen's
arrest.
Commissioner Dawkins: Citizen's arrest? All right. Can they... All right.
Can they leave the scene...
Commissioner Plummer: You can do it.
Commissioner Dawkins: Can they leave the scene with the citizen and take him
to jail and book him in?
Commissioner Plummer: In the case of a felony, my understanding, according to
the law is yes.
Commissioner Dawkins: And picking up something in Woolworth's Grocery
Store...
Commissioner Plummer: I don't want to see it happen.
Commissioner Dawkins: ...and walking outside is a felony.
72 September 24, 1992
Commissioner Dawkins: No, wait a minute.
Commissioner Plummer: But my understanding of the law is the answer is yes.
Commissioner Dawkins: Oh, Mr... Somebody in the Police Department, not J.L.
Plummer... Picking up a fountain pen at Woolworth's and walking outside with
it...
Commissioner Plummer: A fountain pen...
Commissioner Dawkins: ...and getting caught with it, is that a felony?
Mayor Suarez: No, that's a misdemeanor.
Commissioner Plummer: No, sir. It is not.
Commissioner Dawkins: Well, how the hell are they going to arrest him then?
Commissioner Plummer: They can't.
Commissioner Dawkins: All right, then.
Commissioner Plummer: That's not a felony.
Commissioner Dawkins: That's all I'm saying. You know, I mean, give me a
break, please. All right? But, there again, make sure that we've got some
kind of a linkage where the Wackenhut agent doing the job, securing the area,
will not be hindered by this and will get full cooperation from the City of
Miami to insure that as they do what they do, although we do not have a
policeman there, they do not have to wait on there to get somebody. That's
all I'm saying.
Mayor Suarez: Yes.
Commissioner Dawkins: That's all.
Mayor Suarez: Yes, sir.
Mr. Murrau Levine: Mr. Mayor, my name is...
Commissioner Plummer: Sir, you'd better quit while you're ahead. Smart
people don't talk when they're winning.
Mr. Levine: OK. My name...
' Commissioner Plummer: Proceed at your own risk.
Mr. Levine: My name is Murrau Levine. I'm a Vice President with the
Wackenhut Corporation and let me assure...
Commissioner Plummer: It's nice to see you, sir.
73 September 24, 1992
:art.
H
Mr. Levine: ...the Commission that our relationship with the City of Miami
polite, historically has been excellent. They've worked with us on arrests on
Metrorail as well as every other city in the County.
Mayor Suarez: You're with the entity then that will be, in fact, implementing
this? And so are these officers that are here?
Mr. Levine: Pardon me?
Mayor Suarez: And so are these gentlemen that are here?
Mr. Levine: These are gentlemen with...
Mayor Suarez: OK. Two quick admonitions. You've seen us up here. You know
who the Commissioners are in the City of Miami. You know, presumably, who
some of the top level administrators are. Be kind and gentle and remember
that we're not, in any way, giving up the streets of Miami to anybody,
particularly downtown Miami and...
Mr. Levine: Indeed.
Mayor Suarez: ...recognize public officials. The other one is you've got a
little bit of a problem with the name that you've got on that shoulder badge
there with "custom." That is confusing to a lot of people. Be very, very
careful with that. I'm not your attorney but you ought to be advised that
that is giving people the impression that they're an arm of the federal
government. I just happened to notice that the other day, not today.
Commissioner Dawkins: And in closing,
very careful. They're talking about
This may be the first test run to
Department.
Mr. Levine: That's not a name...
I'd like to say to Al, you'd better be
privatizing the Sanitation Department.
see if they can privatize the Police
Commissioner Dawkins: So you all better be careful when the next one comes
through.
Mayor Suarez: No, that's not directed at you. That's directed...
Commissioner Dawkins: That's right.
Mayor Suarez: You're participating in a form of privatizing that you're...
Mr. Levine: Right.
Mayor Suarez: ...that you're, I'm sure, pleased with. All right. Call the
roll again.
Commissioner Dawkins: You can bet this will be a test run.
Mr. Levine: You're on.
[AT THIS POINT, THERE WAS A UNANIMOUS ROLL CALL]
74 September 24, 1992
Mr. Matthew Schwartz: Mayor, i just need a quick...
Mayor Suarez: Sir. Again at your own risk.
Mr. Schwartz: Well, you voted already, it's safe... maybe.
Commissioner Plummer: I know what I said but it ain't coming back.
Mayor Suarez: You see, he waits until we vote and then he takes his risk up
here.
Mr. Schwartz: No, I think we just need one clarification.
Commissioner Plummer: No, if he objects it comes to the... If he doesn't,
it's approved.
Mr. Schwartz: The contract, the existing Ranger Program, ends on October
1st - the existing Rangers are being deployed other places.
Mayor Suarez: This will be ready for implementation...
Mr. Schwartz: If we have to come back with the contract before the Commission
at the next meeting, we need to...
Mayor Suarez: No, you don't.
Mr. Schwartz: OK. We don't. OK.
Commissioner Plummer: Let me clarify that without any question. Once they
get the contract completed, they will surrender it to Commissioner De Yurre.
Mr. Schwartz: That's right.
Commissioner Plummer: If he finds no objection, it's approved. If he
finds...
Mayor Suarez: We've done that many times up here. You would think you would
know that by now.
Commissioner Plummer: ...objection within the 72 hours after it's given to
him, it will be rescheduled for the next meeting.
Mr. Schwartz: Thank you.
75 September 24, 1992
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17. (A) AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH HOLLAND & KNIGHT --
FOR PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES.
(B) INSTRUCT ADMINISTRATION TO EXPLORE POSSIBILITY OF HIRING A
LOBBYING FIRM TO REPRESENT THE CITY IN MATTERS INVOLVING METROPOLITAN
DADE COUNTY (See label 19).
Mayor Suarez: Commissioner Plummer you had asked for an item to be taken out
of order.
Commissioner Plummer: Mr. Mayor, Mikki Canton is here on Item 12. She's one
of the proposed bidders. She has a plane to catch at noon and I ask that we
allow her to be heard so that she can make her plane. She came back last
night at midnight to be here for this item and she has to get back to her
convention. So, Mr...
Commissioner Dawkins: I'd like... Question, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I've been here 12 years and we have hired professional,
whatever you're going to call it, lobbyists or legal service; and each time
that it was done, it was done with the recommendation of the Manager. Now,
all of a sudden, this one gets thrown to the City Attorney, to tell the City
Attorney to come up with a recommendation, when it has nothing to do with
legal work. It has nothing to do with any litigation. And, yet, the Manager
makes the recommendation on firms for bond lawyers. The Manager makes the
recommendation on bond counseling. Everything that we have a professional
agreement with is done by the Manager and, all of a sudden, in this
instance...
Commissioner Plummer: Are you going to Homestead?
Commissioner Dawkins: ...is thrown to the Manager... I mean, to the City
Attorney, telling him that this is your baby. Somebody tell me why?
Commissioner Plummer: Hello?
Mr. Cesar Odio (City Manager): Wait. I don't make recommendations...
Commissioner Plummer: Well...
Mr. Odio: ...on bond counsel, or any other counsel, but I will say this,
Commissioner; I would have no problem in recommending the lowest bid.
Commissioner Dawkins: Well, all right, I move... No, Mikki came down here.
I would move... OK. That's all right. However it will come out, it will
come out.
Commissioner Plummer: Well...
76 September 24, 1992
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Commissioner Dawkins: But i would like to put in the record that this is the
first time it has happened, I resent it, and I think it's wrong. Put that in
the record. OK. Go ahead.
Commissioner Plummer: Let me put one other thing in the record before I make
a motion. I think I'm disturbed that as I read the agenda item, there are
many lobbying firms who are not law firms. The way this agenda item read, it
had to be a law firm. I would think in the future... Even though I am
perfectly happy with the job that Holland and Knight have done, and I think...
No, not think... I'm going to make a motion that they be awarded that bid
today. But I think that there is... When you limit, I think that there is
that possibility in the future, that you could be hurting yourself because I
happen, the tittle I know about Tallahassee, that there's a lot of good
lobbying firms who are not legal firms. Mr. Mayor, if a motion is in order...
Commissioner Dawkins: No...
Commissioner Plummer: ...I'm prepared to make such.
Commissioner Dawkins: Before you make your motion, one question, J.L.
Commissioner Plummer: I will wait, sir.
Vice Mayor Alonso: Me too. Please.
Commissioner Dawkins: Just one more... One question... When this was
suggested...
Commissioner Plummer: A hundred ninety and seventy-five, right?
Commissioner Dawkins: ...a member of this Commission asked the question,
"Will this Commission be bound by the firms submitted only?" And the answer
was in the negative. Is that stilt a true statement?
Mr. Jones: I'm sorry. If I understand your question, Commission, you're
saying that the...
Commissioner Plummer: No, we're not.
Mr. Jones: ...persons who have responded, would this Commission be bound to
accept one of those firms?
Commissioner Dawkins: And nobody else? Nobody else could be recommended?
Mr. Jones: No, wait. You always make the decision, if it's your desire, that
you want me to go back...
Commissioner Dawkins: All right. That's all. That answers...
Mr. Jones: ...want to go back out for further negotiations.
Commissioner Dawkins: No further questions. No further questioning.
Vice Mayor Alonso: Yes...
77 September 24, 1992
Mr. Jones: Madam Vice Mayor, Commission, the following companies responded to
the lobbying proposal, requests for proposals. We had Becker & Poliakoff that
came in at $90,000 plus $25,000 expenses. You had Holland and Knight that
came in at $75,000 plus reasonable expenses.
Commissioner Dawkins: Plus what?
Mr. Jones: Reasonable expenses.
Commissioner Dawkins: But no amount for reasonable expenses?
Mr. Jones: No.
Commissioner Dawkins: OK.
Mr. Jones: Reasonable expenses.
Commissioner Dawkins: OK.
Mr. Jones: Greenberg Traurig, $90,000 plus out of pocket expenses and Dubbin
Berkman, $100,000 plus $25,000 expenses.
Commissioner Plummer: Excuse me, do I recall that the old contract, that it
was term... the terminology was "reasonable expenses that had to be approved
by this Commission"?
Mr. Jones: I'm not sure.
Commissioner Plummer: I remember something like that.
Mr. Jones: I'll have to check that point. I'm not quite sure.
Vice Mayor Alonso: What were we paying before?
Commissioner Plummer: One forty.
Mr. Jones: One forty? Was it one forty?
Mayor Suarez: One fifty is what I remember.
Mr. Jones: One fifty?
Commissioner Plummer: One fifty plus expenses.
Mr. Jones: ...expenses.
Vice Mayor Alonso: Were we overpaying them?
78 September 24, 1992
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Mr, Jones: No, what happened, this Commission made it clear that...
Vice Mayor Alonso: No. It was the same thing. This company, Holland and
Knight, comes half the price of what they were provided before? Yes? For the
same service?
Commissioner Plummer: Different economy.
Ms. Mikki Canton: If I may respond, Mr. Mayor? Yes, Vice Mayor Alonso we are
coming in at half...
Commissioner Plummer: What's your name, lady?
Mayor Suarez: Put your name in the record.
Ms. Canton: My name is Mikki Canton and I'm an attorney with the law firm of
Holland and Knight. We are coming in at half, which is $75,000. The reason
we're doing that is because we have served you in the last four years and I
believe we have served you very well. We wish to continue the relationship
with the City. We understand the City is under severe, if not very serious,
budget problems, as is every city in the State, and we want to cooperate with
you. It will take some doing on our part to continue doing exactly what we've
been doing, but we're prepared to do it and we...
Mayor Suarez: Did we overpay you before is her question or...
Ms. Canton: I do not believe you've ever overpaid us.
Mayor Suarez: Did you justify in terms of the time, the fees received?
Ms. Canton: Always. We had a legislative administrator that kept touch with
us on 24 hour day...
Mayor Suarez: Does that mean that we would not get shortchanged if we only
allowed...
Commissioner Plummer: They're going to sit there and say, "No, we didn't
justify our fees." Come on.
Mayor Suarez: ...payment for half of the total time.
Ms. Canton: No, sir. I guarantee you as I stand here before you, on my
professional integrity, that you would not.
Vice Mayor Alonso: You know, under the circumstances that we see a contract
that we were paying before twice the amount, I would certainly like to see the
possibility of us not having a law firm do this job because maybe we can
perhaps do it in house or with consultants and save a lot of money. I'm now
really confused because if we were paying twice the amount, now maybe if we
wait a month, who knows? We can get it for 50 or 25? Who knows? It seems to
me, and I would like to move, that we don't award this contract at this time,
due to the unusual circumstances that this contract is coming half the price
by the same law firm that has provided the service before. I'm very confused.
Very, very confused and I'd like to move that we don't award the...
79 September 24, 1992
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Commissioner Plummer: May I speak against the motion of deferment?
Vice Mayor Alonso: ...the motion.
Commissioner De Yurre: Let me just ask a point... Ask a question.
Mayor Suarez: Yes. Clarification by Commissioner De Yurre and then
Commission Plummer.
Commissioner De Yurre: We had four additional lobbyists which was an
additional $80,000. Was that on top of the 150 or was that part of the 150?
Ms. Canton: No, sir. That...
Vice Mayor Alonso: We were having four additional lobbyists?
Ms. Canton: Yes, ma'am, we did.
Vice Mayor Alonso: We? The City of Miami?
Ms. Canton: The City of Miami, in the initial contract...
Vice Mayor Alonso: Who were they?
Ms. Canton: On the record? Would you like me to tell you their names?
Vice Mayor Alonso: To me, it was on... Excuse me, Mikki. To me, we were
only having one, Holland and Knight, right?
Ms. Canton: Yes. In the initial contract which we entered into in 1988 and
which the City has ratified every year since then, it was contemplated that
the law firm of Holland and Knight, would have consultants to the firm of
Holland and Knight, that would assist in planning for City events and City
issues before Tallahassee. That has been the way it's gone for the last four
sessions. The Commission has approved it. With your approval we've gone
through with it. At this point, any additional expenses, if they were to be
incurred, would certainly not come out of the $75,000. The $75,000 is the
firm charge, plus the reasonable expenses which we have always left up to you.
We have...
Commissioner Plummer: Which we have to approve.
Ms. Canton: Yes, sir.
Commissioner De Yurre: They...
Ms. Canton: We have not done anything different in the last four years.
Vice Mayor Alonso: My understanding...
Commissioner De Yurre: Is the 150 including the 80? Is it 150 minus 80 that
we're talking about now? Or was it 150 plus 80?
80 September 24, 1992
Commissioner De Yurre: OK. So the reason... The difference between the 150
last year and the 75 now is you're taking out $80,000 of...
Ms. Canton: Yes, sir. Yes, sir, that's...
Commissioner De Yurre: And who are those individuals?
Ms. Canton: The individuals were Pedro Roy, John Hall, Julio Gonzalez Rebut
and Humberto Cortina.
Commissioner De Yurre: And they received how much each?
Ms. Canton: They received, total, including expenses and fees, a total of
$20,000, per person.
Commissioner De Yurre: Each or the whole thing?
Ms. Canton: Per person...
Commissioner De Yurre: So that's $80,000, so...
Ms. Canton: ...including their expenses... Yes, sir.
Commissioner De Yurre: So, 150 minus 80 is 70 and you're asking for 75 so
that...
Ms. Canton: Yes, sir.
Commissioner De Yurre: ...that clarifies that issue.
Ms. Canton: Yes, it will be the taw firm.
Vice Mayor Alonso: Mr. Mayor, now, Commissioner...
Mayor Suarez: Yes. Go ahead, Vice Mayor Alonso.
Vice Mayor Alonso: Yes. But my understanding was that this was not an
agreement of the City of Miami. It was the way Holland and Knight wanted to
divide... Because this was done prior to my being here at City Commission.
Ms. Canton: That's correct.
Vice Mayor Alonso: When I came it was already in existence. So I want
clarification for the record. It was not an agreement of the City of Miami,
it was just what you felt was necessary for Holland and Knight to provide
these services to the City of Miami. So, it's no different from you now
providing a consultant, or a secretary, or an advisor, or whatever you'd like
to call it...
Ms. Canton: Um-hmm.
Vice Mayor Alonso: ...to do your job.
81 September 24, 1992
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Ms. Canton: To do our job as lawyers we are very well equipped and qualified,
Vice Mayor.
Vice Mayor Alonso: I suppose so you are a very...
Ms. Canton: Thank you.
Vice Mayor Alonso: ...well recognized firm...
Ms. Canton: Thank you.
Vice Mayor Alonso: ...and you are a fine attorney yourself.
Ms. Canton: What we did when we entered into the contract in 1988, we
followed the same contract that the City had been following in the past with
another law firm. Nothing was changed and at the suggestion of some
Commissioners, who had worked with certain individuals in the past, we
interviewed the gentlemen that I had mentioned to you before, and that is how
the firm continued. At that point we were able to get their services. They
did a fine job. At this point, because of budgetary limitations, we feel that
we are going to do it in house, and if they need to be consulted, and there is
not... I'm not saying point blank that they won't be. If they need to be
consulted and if we need to retain any services, whether it's of a consultant
or of an additional counsel, it will be at the expense of Holland and Knight.
Vice Mayor Alonso: But for the record. It was... You hired them because you
felt it was important for your firm to provide these services to the City of
Miami.
Ms. Canton: That's correct. By the recommendation of the City Commission
that they were happy with the way the contract had been set up in the past,
they recommended to us that if we agreed we should continue. And we agreed
that it was a good idea to do that for the City of Miami.
Vice Mayor Alonso: Yeah. And it is a fact that the City of Miami didn't have
anything to do. It was up to you. It was a system that was established by
the previous company and you felt it was convenient because they were
helpful...
Ms. Canton: They were.
Vice Mayor Alonso: ...to the services that the City of Miami needed.
Ms. Canton: That's correct.
Vice Mayor Alonso: So, it was an important role that they played.
Ms. Canton: Yes, they did.
Vice Mayor Alonso: Therefore, you hired them.
Ms. Canton: Yes, we did.
82 September 24, 1992
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Vice Mayor Alonso: Do you think you will be able to provide the services
without them?
Ms. Canton: We feel that we can and, as I said to you before, if we find that
we cannot, we are prepared on our own to go ahead and make those payments. We
are sympathetic to the situation before us with the budget, Commissioner...
Vice Mayor... And we have enjoyed a very fine relationship with the City,
wish to continue it, and under those circumstances I bring this...
Mayor Suarez: We have other firms represented here. Is there just one? I
see Simon Ferro here from Becker Poliakoff. Is there anyone else of the four
bidders who is here, who wishes to make a presentation? If not, Simon...
Mr. Simon Ferro: Thank you, Mr. Mayor. I'd just like to say, so that we
can... So that you can make a determination based on a level playing field,
and compare, I guess, oranges to oranges...
Commissioner De Yurre: Simon, let me ask one thing, because I would like to
see... I've just been hearing numbers. I would like to see copies of the bid
submissions that have been presented. Well, pass them out. We...
Vice Mayor Alonso: Why were we not given these packages? Why were they not
delivered to us? I did receive one from Holland and...
Mayor Suarez: This is not directed at you, necessarily, Mikki. We've got
plenty of documentation from you.
Ms. Canton: Yes, ma'am. I don't know. I can't speak for anyone else but we
received them.
Vice Mayor Alonso: Mr. City Attorney, why didn't you pass the copies of the
bids to each of us?
Mr. Jones: Well, the reason I didn't make it. Your instructions were to
review them and report the results back to you at this meeting. Certainly, it
was no...
Commissioner Plummer: Short turnaround time.
Mr. Jones: I mean we got them on... We reviewed them on Tuesday and
yesterday, and of course, I have no objections...
Vice Mayor Alonso: Time was the problem then.
Mr. Jones: Yeah.
Mayor Suarez: Simon...
Mr. Jones: The only one that I don't have with me as being copied is the
Greenberg Traurig.
Mayor Suarez: OK. They're not here but one of them is and if you would pass
theirs out that might be helpful.
83 September 24, 1992
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Vice Mayor Alonso: She's here.
Mayor Suarez: Oh, there she is. You're here in so many capacities. We can't
have you in so many capacities. All right, Simon.
Mr. Jones: We've got 5 bids?
Mr. Ferro: I just want to say that we submitted a bid for $90,000 but since
we want you to make your determination based on oranges and oranges I just
want to say that we are willing to match the bid submitted by Holland and
Knight. We would be more than happy to undertake representing the City of
Miami in Tallahassee for $75,000 and if you have any other questions, I'll be
more than happy to answer them.
Mayor Suarez: Very good.
Vice Mayor Alonso: So we have two companies $75,000.
Commissioner Plummer: Now we're not in the bidding procedure.
Vice Mayor Alonso: One company, Greenberg & Traurig, $90,000. And one is
$100,000.
Ms. Canton: Excuse me, Vice Mayor Alonso...
Mayor Suarez: Wait a minute.
Ms. Canton: I'm sorry.
Mr. Jones: Mr. Mayor, let me just caution you...
Mayor Suarez: We're not going to have a back and forth discussion here,
counselor. Let me just see what we're going to do. Anything further from
you? I'm sorry. I don't mean to interrupt you, Mr. City Attorney?
Mr. Jones: I was just going to comment on the fact of Mr. Ferro's comment
that he would now do it for $75,000. If you were to accept that, of course,
then you would be defeating the whole purpose of going through the process of
competitive negotiations.
Commissioner De Yurre: Well, have you made a recommendation yet? Because I
don't think I've heard one.
Mr. Jones: If it's the will of this Commission I will make a recommendation.
Commissioner Plummer: What do we pay you a high salary?
Mayor Suarez: Why not?
Mr. Jones: Because I'm worth every penny of it.
Commissioner Plummer: When you make recommendations.
84 September 24, 1992
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Mayor Suarez: I guess he answered you. All right, sir. Are you in a
position to make a recommendation?
Mr. Jones: Is that the will of the Commission?
Commissioner Plummer: Well, I've heard one is expected will.
Mayor Suarez: Are you in a position of making the recommendation? Whether
it's the will of the Commission or not.
Vice Mayor Alonso: Before he does... Before he does...
Mayor Suarez: Yes, Madam Vice Mayor.
Vice Mayor Alonso: I'd like for him also to evaluate the four companies on
the basis of the capabilities of the company to provide the services and then
if the fee that they are going to charge the City of Miami plays a role, then
that you explain this to us as well.
Mr. Jones: Commissioner, in reviewing the four proposals, I'd have to tell
you that all four firms, I think, were equally qualified in terms of personnel
and the capacity to provide the needed services. I can tell you that in light
of your directive, that the Commission meeting where you authorized me to
enter into competitive negotiations that one of your major concerns was that
of cost. And surely, I would have to tell you that my recommendation would be
that the City continue with Holland and Knight given the level of expertise
that they've demonstrated over the course of the years and, more importantly,
in terms of fiscal soundness, I think the City would well be served to go
since they did come in at the lowest at $75,000. That's my recommendation.
Mr. Ferro: Mr. Mayor?
Mayor Suarez: Yes, Simon.
Mr. Ferro: Just one comment. With all due...
Mayor Suarez: Last comment, please, because we have to vote.
Mr. Ferro: With all due respect, this has not been a negotiations. We have
not sat down with anybody at all to negotiate this. We were asked to submit a
bid and we did so. We were under the impression that we would be called in
for an interview. Nobody, I believe, was called in for an interview so there
has been no competitive negotiation. And, with all due respect again, I think
there are many other qualities and issues that can be addressed by the
Commission. This is not like asking for a bid to buy, you know, a thousand
number two pencils and whoever comes in at the lowest bid ought to get it.
But I just wanted to make the point that there has been no competitive
negotiation because there has been no negotiation period, at least as far as
our firm is concerned. We have not been asked to come down, or to interview,
or to negotiate anything. Thank you.
Mr. Jones: Let me... If I might, Mr. Mayor, let me just address that
briefly.
85 September 24, 1992
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Mayor Suarez: Yes.
Mr. Jones: Under our Code, which obviously Mr. Ferro you are not aware of,
the only thing I would have been required to do was to give you a telephone
call to solicit what your costs would have been. That's how our competitive
negotiations are defined. There's no necessity, there's no directive in our
Code which controls our conduct for me, or anybody, to sit down and negotiate
with you. You were extended a further courtesy, as were all the firms, for
you to submit a price and your profile of your firm and your expertise and, of
course, this is what I reviewed along with my deputy and we came to this
consensus.
Mayor Suarez: All right. Any...
Commissioner De Yurre: Mr. Mayor, if I may...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: I'm reviewing some of the documentation here and I see
that... And I ask Simon if he could come up here for a second. I see that...
I don't know if these are two separate bids, or two separate concepts, or one
thing all together. I see that there's a proposal to represent the City in
Tallahassee for the $90,000, then I see another letter talking about
representation at the County level for $50,000. Are these joint or are these
separate? Can these be looked at separately? Are these both offers that
stand separately or not?
Mr. Ferro: Commissioner, we... Based on what has been happening the last
couple of months, we thought it would be prudent if we submitted a separate
proposal, or suggestion to the City Commission that it might consider
lobbyists, or a lobbying firm to deal with the County. And based on that, we
submitted a separate proposal, which as far as we're concerned is not a part
of what you have before you today, suggesting that you may want to take a look
at lobbying before the County Commission and that we would be willing to do it
for the price stated. We don't tie both together and I guess it's up to the
City Commission to do whatever it deems proper but we don't consider it a one
at one proposal. We consider them two separate...
Commissioner De Yurre: OK.
Mr. Ferro: I guess one proposal and one suggestion is more the way I look at
it.
Commissioner De Yurre: OK. Because when I see this... And I think this is a
novel situation for the City of Miami because we have lobbyists at the federal
level, we've got lobbyists in Tallahassee, we've got them all over the place.
Yet in the five years that I've been sitting here, what I've been getting is
that the most problems that we get, as far as another governmental entity, is
from the County; that we have to fight them to reduce the trash fee; that we
have to fight them to get paid for the rent; that we have to argue with them;
that we have to do this and we have to do that. And, obviously, it seems that
some help may be in order. I'm looking at Simon and certainly Simon is a well
known individual in his firm down at County Hall, and if we're looking at
$150,000 that we've been paying annually and we're going down to 75 that
86 September 24, 1992
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leaves us, even if we were to go ahead and consider the situation of
contracting them at the County level at 50, we still come out ahead $26,000
and not only are we going to get the same representation we've been having at
Tallahassee, we're also going to pick up representation at the County level,
which I think, if nothing else, maybe we should consider trying for a year to
See if we can improve on the things that we gain from the County. Miller has
arguments with Joe Gersten time and time again.
Commissioner Plummer: More than minor.
Commissioner De Yurre: And the City Manager has his problems. Everybody else
does. Maybe another voice stating our position might prove... And certainly
we can get our $50,000 back realty quick.
Mr. Odio: Let me add something...
Commissioner De Yurre: I would tend to put that up for discussion.
Mr. Odio: Let me add something. We have the...
Commissioner Plummer: We're getting far afield. You've got to leave. The
Mayor's got to leave. Let me just voice my opinion very quickly. That which
we're dealing with today 1s the lobbyist in Tallahassee. I think it's
important we make that decision because the session starts in January, that's
three months from now, and the important Committee meetings are taking place
in the three months prior to the session starting.
Mayor Suarez: There's a special session too.
Commissioner Plummer: OK? Now, you want to deal with possible representation
of the City in the County? We can deal with that at a later time or at
another meeting. Do you want to go through the bidding procedure, or use this
procedure, but I think it's important that we get our lobbyist in Tallahassee.
That's where the big bacon is guys. To get that thing settled and get them to
work up there now. Because if not, I think if you wait another month, there's
going to be other lobbyists up there from other cities that are up there
looking for that pork barrel. And we're going to be...
Commissioner De Yurre: J.L., one does not exclude the other. Let's take care
of Tallahassee, but if there's a position here that we should try this let's
go ahead and do it also.
Commissioner Plummer: Well, I think, to be honest, Victor, you're going to
have to go back out to competitive bidding if you want to have an additional
contract and I'm not opposed to that. OK? But I don't think that what we're
dealing with here today is the lobbyists in Tallahassee. And I would move,
Mr. Mayor, as soon as you're ready, since you're the one who has to leave, I'm
ready to make a motion whenever you're ready.
Mayor Suarez: Please do.
Commissioner Plummer: I make a motion that we accept the terms of Holland and
Knight and that, in fact, we engage them to proceed immediately to be our
representative in Tallahassee for this coming year and, in particular, this
legislative season.
87 September 24, 1992
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Mayor Suarez: So moved. Commissioner Dawkins?
Commissioner Dawkins: I'll second it with the understanding that I want a
ballot because I intend to vote for somebody else who was not even on the
ballot.
Mr. Jones: OK. Commissioner, this is just to address that the Sunshine Law
prohibits you from voting in secret, however, if you want to vote...
Commissioner Dawkins: Secret? Wait a minute, now.
Mr. Jones: Wait. Let me finish.
Commissioner Dawkins: A ballot is a secret?
Mr. Jones: Let me follow... Let me finish. If you want to vote by written
ballot, your ballot will still have to be recorded in the record.
Commissioner Dawkins: That's right. That's what I'm saying. No, I'll vote
right on it...
Commissioner Plummer: Hold it a minute, please.
Commissioner Dawkins: ...and pass it to the Clerk, like we've always been
doing. That's illegal?
Mr. Jones: No. Your vote is being recorded.
Commissioner Dawkins: That's right. I want it recorded but I just want a
written ballot, recorded, passed to the Clerk and the Clerk read off who voted
and how.
Mayor Suarez: All right. That's fine.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: I didn't think they'd call the roll.
Mayor Suarez: The problem is that the motion...
Commissioner Plummer: Did I miss something?
Mayor Suarez: The motion is stated on behalf of one company, so presumably
one firm. Presumably, if you vote negatively on that then you can...
Commissioner Dawkins: No.
Mayor Suarez: ...you can... Or you can vote negatively by voting for some
other entity, I suppose, because that will be the same as a negative vote.
Commissioner Dawkins: OK. But...
September 24, 1992
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Mayor Suarez: We'll deem that the same as a negative vote.
tl
r Commissioner Dawkins: Yeah. But where does it say that because a motion was
made that it cannot be done by ballot?
7.
Mayor Suarez: That doesn't say that.
i
- Commissioner Dawkins: If... All right.
Mayor Suarez: It doesn't -
e y sn t say that.
Commissioner Dawkins: That's all I asked for, as a fellow Commissioner.
Mayor Suarez: There's no problem with that.
Commissioner Dawkins: That's all.
Mayor Suarez: We just said that. By the way, we don't have a second.
Commissioner Dawkins: Yeah, I seconded. J.L. moved and I seconded.
Mayor Suarez: You seconded it?
3
Commissioner Dawkins: Um-hmm. With that proviso that it be a written ballot.
That's all.
Mayor Suarez: All right. On a motion of this sort you basically have to vote
yes or no but, obviously, if you want to put on your ballot some other name,
it will be deemed no on the motion and we will announce the entity that you
recommended.
Commissioner Dawkins: That's right. That's all.
Vice Mayor Alonso: So, we are voting on this.
Commissioner Plummer: Where... I had a motion.
.I Mayor Suarez: Yes. It's been moved and it's been seconded. Would you
please, as a deference to Commissioner Dawkins, mark a ballot.
I
Commissioner Plummer: Why are we voting by ballot?
Commissioner Dawkins: Because I...
Mayor Suarez: He's asked for it.
Commissioner Plummer: If somebody could...
Commissioner Dawkins: I asked for it. That's all.
Vice Mayor Alonso: ...want us to vote on this?
r Commissioner Plummer: Oh.
89 September 24, 1992
Z
Commissioner
Dawkins:
I asked for it. That's all.
_- Commissioner
Plummer:
Oh.
Commissioner
Dawkins:
Here.
Commissioner
Plummer:
Are you paying for this election?
Commissioner
Dawkins:
Out of your budget.
Commissioner
Plummer:
Thanks.
Commissioner
Dawkins:
Your funeral home budget.
Vice Mayor Alonso:
They want us to vote on the motion, on the...
Commissioner
Plummer:
Like hell you say. And what about... Wait a
minute.
What am I supposed to write in here?
Commissioner
De Yurre:
What will we vote? Yes or no? Is that it?
Commissioner
Dawkins:
You're writing in the firm that you're voting
for and
you check...
Commissioner
Plummer:
That's not my motion. My motion is Holland and
Knight.
Mayor Suarez:
The motion
is for Holland and Knight.
Commissioner
Dawkins:
Well, you right Holland and Knight, in English.
Vice Mayor Alonso:
So,
we vote here, like this. OK.
Commissioner
Plummer:
Oh, I see. OK.
Commissioner
Dawkins:
OK. No problem.
Vice Mayor Alonso:
I'm not voting for the...
Commissioner
Plummer:
Whatever the hell this means. Here.
If you
misinterpret,
that it's Holland and Knight.
Commissioner
De Yurre:
So if you're voting no you just leave it blank, just
put no, or what?
Commissioner
Plummer:
Excuse me?
Commissioner
Dawkins:
No, no. You have to vote.
Commissioner
De Yurre:
If you're voting no?
}f
Commissioner
Plummer:
Under Plummer I put "H & K" is that...
Commissioner
Dawkins:
Holland and Knight.
90 September 24, 1992
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1! 4.
Commissioner Plummer: I mean, do I need to do anything else?
Commissioner Dawkins: A happy kiss.
Commissioner Plummer: Have a kiss? That's fine.
Mayor Suarez: We're going to read whatever you vote, so...
Commissioner Plummer: As long as that kiss is Hershey Chocolate, I don't
care.
t
Vice Mayor Alonso: So now they will read what we did.
E Commissioner Dawkins: That's all. OK.
Mayor Suarez: Yes.
Commissioner Plummer: Boy, we can sure complicate matters up here. Hell of a
way to run an airline. Ta, da, da, da, to -dal
Commissioner Dawkins: Now, J.L., you've been doing well today. You've been
doing well today. Keep it up. -
Commissioner Plummer: Quit while your ahead.
Commissioner Dawkins: Keep it up, please.
Commissioner Plummer: Let's go to Homestead. Miller, did you see how Mano
got skinned? He got scalped for the budget today?
Commissioner Dawkins: Oh, he got close to Mrs. Canton so she could vote for
his budget.
Mr. Manohar Surana: You don't have to. I have already. -
Commissioner Plummer: He went to sleep in the barber chair. That's what
happened.
Mayor Suarez: Madam City Clerk, would you please read the ballots?
Commissioner Plummer: Announce the ballots. And the first runner up is...
Mayor Suarez: The votes?
Ms. Hirai: Yes, Mr. Mayor.
Mayor Suarez: Thank you.
Ms. Hirai: The firm of Holland and Knight got votes from Mayor Suarez,
Commissioner De Yurre and Commissioner Plummer.
Commissioner Dawkins: Who? Holland and Knight?
91 September 24, 1992
Ms. Hirai: Yes, sir. Jesse McCrary got a vote from you, Commissioner Dawkins
and Commissioner Alonso's was a no vote on the motion, I assume.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-577
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE LAW FIRM OF HOLLAND & KNIGHT, FOR THE PERIOD OF
OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1994, FOR
PROFESSIONAL LEGISLATIVE CONSULTATION SERVICES ON
BEHALF OF THE CITY; ALLOCATING FUNDS THEREFOR IN AN
ANNUAL AMOUNT NOT TO EXCEED $75,000.00 FOR SAID
SERVICES, TOGETHER WITH AN ANNUAL AMOUNT NOT TO EXCEED
$20,000.00 FOR REIMBURSABLE EXPENSES, APPROVED BY THE
CITY MANAGER, FROM THE LEGISLATIVE LIAISON GENERAL
FUND.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
ABSENT: None.
Mayor Suarez: All right.
Commissioner Dawkins: OK. Good.
Mayor Suarez: Anything further on this item? Let me...
Commissioner Dawkins: Yeah, I'd like to say something.
Mayor Suarez: Yes, sir.
Commissioner Plummer: Excuse me, I would like to have one comment, if I may,
Mr. Mayor.
Vice Mayor Alonso: Me too.
Commissioner Plummer: I would like to see this Commission now explore the
possibility of hiring a firm to represent this City at Metropolitan Dade
County and see if it's worthwhile, and if it is then we can consider going to
a competitive bidding.
92 September 24, 1992
P
Vice Mayor Alonso: Yes. And also, I have a comment for the record. I think
it's... We have to congratulate Holland and Knight for getting the Mayor to
vote, after five years saying no to lobbyists, he has said yes today. So,
congratulations to Holland and Knight.
Commissioner Plummer: Boy, you never miss a bet, do you?
Commissioner Dawkins: Mr. Mayor?
Vice Mayor Alonso: No. It's amazing.
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes, sir.
Commissioner Dawkins: I'd like to make a statement, so you and Commissioner
De Yurre can go. For three years I worked with Holland and Knight. I had no
problems with their work. I expressed to them that I thought that the
contract was much too high. We explained why we thought it was too high.
Holland and Knight, and those individuals lobbied and lobbied me hard, that's
why I voted against them. I have no problems with it.
Commissioner Plummer: Are we going to break or are we going to continue when
he leaves?
Vice Mayor Alonso: I don't know what he wants to do. Probably break.
Commissioner Dawkins: A lot of things I may be. I try not to be
hypocritical. But I must say, in all honesty, the reason I felt that we were
spending too much money is because there have been times in Tallahassee when I
was there and issues hit the floor that would impact adversely on the City of
Miami. You would find Mrs. Canton, Aurelio and me working the floor...
Commissioner Plummer: Good. We're going to break.
Commissioner Dawkins: ...and Holland and Knight would have as many as four to
five of their other lawyers in the law firms covering committees on issues
that impacted the City of Miami. So you really got your money's worth. So my
negative vote was not against them for the work that they did. My negative
vote was against the way I was lobbied.
Mayor Suarez: Let me just add to Commissioner Dawkins' remarks. I almost
voted against you just because of the lobbying. I want you to know that. If
I ever, ever, ever am lobbied by anybody at any other issue, please be aware
of the fact that I'll be inclined to vote against you. Counselor Simon Ferro,
you lobbied a little bit less intensely, but at the last moment almost as
effectively. And again, that's not really what I'm about up here. As
indicated by the Vice Mayor, I have been voting against the lobbying contract,
and as I've said, paying $150,000 a year to have people in Tallahassee who are
elected by us be convinced that they should do the right thing, which is what
they're elected for in the first place, is not something that I'm about to
support. But I have been indicating in my prior negative votes that if the
amount were to get reasonable enough, then I would consider it not a lobbying
93 September 24, 1992
contract at all, but A contract to facilitate our lobbying efforts in
Tallahassee with our elected officials; a contract to monitor legislation to
be in those committees that Commissioner Dawkins referred to, busily
anticipating the effect on the City of anything that may happen in
Tallahassee; a contract to give us legislation when we ask for it to be
drafted, and the City Attorney, frankly, doesn't have the capacity in many of
those areas; and a contract to have a physical presence, which by the way,
Counselor Ferro, I noticed that your firm also has in Tallahassee. And as to
Greenberg Traurig, I noticed you have 16 attorneys in the best attorneys in
the world list, which is number one in the State of Florida. So, I think, as
far as the ability to convince people and persuade them that what we're doing
is the right thing would probably be just as good in any of the three cases.
I don't know too much about the other firm that is not represented here. The
lobbying issue is not what I'm voting for. I am totally, absolutely opposed
to the concept that we have a contract - I'm sorry to tell you, Simon - to...
Commissioner Plummer: Let's reconsider the last vote.
Mayor Suarez: ..."lobby our colleagues in the County Commission." We are
right here, folks. Our lobbying process, vis-a-vis the County Commission, is
going to be done at the ballot box...
Commissioner Plummer: I think we ought to reconsider the last vote.
Mayor Suarez: ...when we elect an entirely new County Commission through the
single member district determination of the Judge and that's just not the kind
of thing that I'm willing to vote for. Seventy-five thousand got me close
enough to thinking that it's fair to pay people to do the kinds... And
necessary, really, to do the kinds of things you do in Tallahassee. I would
have liked it a little bit lower but it was competitive and we got it down to
$75,000. And we also excluded in the process people who are fine fellows, all
four of them are fellows, but really, frankly...
Commissioner Plummer: Bubbas.
Mayor Suarez: ...the concept that they're supposed to be "lobbying," for us
in Tallahassee, is not one that I particularly like or support and that's why
I would have voted against that other contract in the past and I did so vote.
Madam Vice Mayor?
Commissioner Plummer: Based on...
Vice Mayor Alonso: Yes, I have...
Commissioner Dawkins: If that's...
Commissioner Plummer: Based on your last comments I think we ought to
reconsider the vote.
Commissioner Dawkins: No, I was just going to say...
Mayor Suarez: Yes.
94 September 24, 1992
- 33 r e� i" i n - 4� •?�. ci rayy a
49M1f �� ✓� - A R i
Commissioner Dawkins: ...are you saying to us that 1f we reconsider you'll
vote no, against Mrs. Canton?
Mayor Suarez: I'm not saying any of that.
Commissioner Dawkins: OK.
Mayor Suarez: I'm not even sure...
Commissioner Plummer: Silence gives consent.
Mayor Suarez: Yeah. Madam Vice Mayor? Because I've got to go.
Commissioner Dawkins: You're like J.L. Plummer. You don't like to say
anything you have to swallow.
Vice Mayor Alonso: Yes. I have a question.
Commissioner Plummer: What time are we coming back?
Vice Mayor Alonso: Just a minute before we leave this item.
Commissioner Plummer: What time?
Vice Mayor Alonso: You have "plus reasonable expenses."
Ms. Canton: That's up to you.
Vice Mayor Alonso: How is it going to be determined? It will come to us?
Ms. Canton: Vice Mayor, in the past it was our recommendation that you,
through the City, approve reasonable expenses. It...
Vice Mayor Alonso: And it will always come to us for approval.
Ms. Canton: Yes, ma'am. In the past it used to be $25,000. So, if we were
to be asked a recommendation as to reasonable...
Commissioner Plummer: Now it's 2:30? Yeah, fine. Good-bye. 2:30.
Ms. Canton: ...if you want to put half of that, since $75,000 is half of the
150. We would try to work within the half of that amount but that's up to
you.
Commissioner Dawkins: Say what now? I didn't hear you.
Commissioner De Yurre: Twelve and a half.
Ms. Canton: We're discussing the expense issue, Commissioner, how we had
reasonable expenses and then it would be up to you to determine for us...
Commissioner Dawkins: Reasonable means what?
95 September 24, 1992
�•�tYt Y"4' h Y
s
Ms, Canton: Reasonable, 1f ,you follow what we did in this case, if we're
going to 759 it would be about $12*0001 which would include travel lodging,
meals...
Commissioner Plummer: I'm not going to limit you to any expenses. I'm going
to tell you that you'll surrender them and I'll approve them or disapprove
them.
Commissioner Dawkins: Well, I'm going to tell you, I'm going to vote. I move
that a cap of $20,000 be placed on reasonable expenses. That's my motion.
Commissioner Plummer: Nothing wrong with that.
Ms. Canton: That's fine, sir.
Commissioner Dawkins: All right. OK.
Commissioner Plummer: That's fine. Madam Vice...
Commissioner Dawkins: Move it.
Vice Mayor Alonso: You want to make a motion? Do you have a second?
Commissioner Dawkins: Yes, ma'am.
Commissioner Plummer: That's fine.
Commissioner Dawkins: Commissioner Plummer seconded it.
Commissioner Plummer: Sure.
Vice Mayor Alonso: Yes. Any further comments? Please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-578
A MOTION SETTING A LIMITATION OF $20,000 ON
REIMBURSABLE EXPENSES TO BE INCURRED BY THE LAW FIRM
OF HOLLAND AND KNIGHT (CITY LOBBYISTS IN TALLAHASSEE),
IN FURTHERANCE OF ITS PROFESSIONAL LEGISLATIVE
CONSULTATION SERVICES DURING THE 192-'93 LEGISLATIVE
SESSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
,31
M.
September 24, 1992
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: Vice Mayor Miriam Alonso
ASSENT: Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I would move at this time...
Vice Mayor Alonso: Since I voted before against the motion I will vote no.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: At this time I would make a motion that the
administration set aside adequate funds for any member of this Commission who
feels it necessary to go to Tallahassee this coming session to lobby on behalf
of this City, that those funds be made available immediately to that
Commissioner, to make that venture in behalf of the City. I so move.
Commissioner De Yurre: Second.
Vice Mayor Alonso: Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-579
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN ADEQUATE AMOUNT OF FUNDING FOR ANY MEMBER
OF THE COMMISSION WHO FEELS IT NECESSARY TO GO TO
TALLAHASSEE THIS UPCOMING LEGISLATIVE SESSION TO LOBBY
ON BEHALF OF THE CITY; FURTHER STIPULATING THAT SAID
FUNDS BE MADE IMMEDIATELY AVAILABLE TO ANY
COMMISSIONER WHO IS DESIROUS OF SAME.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
97 September 24, 1992
7�
u
.V illy " [.--it---ice-- --aW---------ii---------------------__—L-sGti �S:W iLir
18. REQUEST DIVISION OF FORESTRY, FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, TO CONDUCT A SURVEY TO DETERMINE WHETHER THE
DEPARTMENT SHOULD PROVIDE THE CITY WITH THE SERVICES OF AN URBAN
FORESTER TO ASSIST FOLLOWING SEVERE TREE DAMAGE CAUSED BY HURRICANE
ANDREW.
----------------------------------------------------------------------
Commissioner De Yurre: OK. What...
Commissioner Plummer: The Mayor has announced that we will be back at 2:30.
Commissioner De Yurre: Let me read this because...
Vice Mayor Alonso: Let him... Yes.
Commissioner De Yurre: ...Mary Weber's here and I've got to get rid of this.
Commissioner Plummer: Hey. The Mayor will be back at 2:30.
(AT THIS POINT COMMISSIONER DE YURRE READ THE RESOLUTION INTO THE RECORD.)
Commissioner De Yurre: I so move.
Commissioner Dawkins: Second.
Vice Mayor Alonso: OK. Call the roll, please.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-580
A RESOLUTION REQUESTING THE DIVISION OF FORESTRY,
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, (DEPARTMENT) TO CONDUCT A SURVEY TO
DETERMINE WHETHER THE DEPARTMENT SHOULD PROVIDE THE
CITY OF MIAMI WITH THE SERVICES OF AN URBAN FORESTER;
AUTHORIZING THE PLANNING, BUILDING AND ZONING
DEPARTMENT TO PROVIDE OFFICE SPACE AND SECRETARIAL
SERVICES FOR SAID FORESTER; DIRECTING THE CITY MANAGER
TO REQUEST REIMBURSEMENT OF THE COST FOR SAID
SERVICES, IN THE AMOUNT OF $3,000.00, FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY NECESSARY AGREEMENT WITH THE
DEPARTMENT; DIRECTING THE CITY MANAGER TO TRANSMIT A
CERTIFIED COPY OF THIS RESOLUTION TO THE DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
98 September 24, 1992
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
19. (Continued Discussion) INSTRUCT MANAGER TO INITIATE A COMPETITIVE
NEGOTIATIONS PROCESS TO ENGAGE PROFESSIONAL LEGISLATIVE CONSULTATION
SERVICES TO LOBBY ON BEHALF OF THE CITY IN MATTERS DEALING WITH
METROPOLITAN DADE COUNTY (See label 17).
Commissioner De Yurre: What about the County? Do we make any kind of move,
so as far as a County lobbyist? Do you want to make...
Commissioner Plummer: What I asked the Administration... You heard what I
asked...
Commissioner Dawkins: What...
Commissioner Plummer: ...that they consider the feasibility of that and come
back and report to this Commission.
Commissioner De Yurre: At the next Commission meeting?
Commissioner Dawkins: On what?
Vice Mayor Alonso: So we don't take it at this time. In reference...
Commissioner Plummer: A possible lobbyist...
Commissioner Dawkins: Oh, yeah.
Commissioner Plummer: ...in behalf of this City with Metro Dade.
Commissioner Dawkins: We'll bring that back. No problem.
Commissioner Plummer: You know, when you stop... You know, you can argue
back and forth as to the default that occurred where we didn't know about the
Issue relating to the South Grove. Now, if we have somebcdy there who we're
paying to keep us informed and they don't do it then I'm going to go after
them. Now, but I think that there is the necessity, or the possibility, of
looking into the matter and we'll make that decision once this Administration
makes a recommendation.
99 September 24, 1992
Commissioner De Yurre: The County.
Commissioner Dawkins: ...Joe Gersten sticking stuff in the...
Commissioner Plummer: Finance...
Commissioner Dawkins: ...finance committee and there's no way to get it out.
We need somebody to go around and help us touch other Commissioners and get
five votes to bring it out at Commission, so I agree with you, Commissioner.
Commissioner Plummer: Well, you're not aware... Let me make you aware that
we were into that bond issue for $7,000,000 for the Orange Bowl.
Commissioner Dawkins: And Joe... And Gersten took it out.
Commissioner Plummer: And there was money in there for the Sports Authority
and it was not Joe Gersten... And I'm not mentioning any names.
Commissioner Dawkins: Oh, that's right, Art Teele. I'm going to...
Commissioner Plummer: I'm not mentioning any names.
Commissioner Dawkins: Art Teele did it.
Commissioner Plummer: But here again, what happened to us, they threw it into
and reverted it back to committee, which you can take your hint but my hint
says it was to delay. So...
Vice Mayor Alonso: So it is the decision of this Commission then to instruct
the Administration to come back with a formal R.F.P. (Request for Proposal)?
Commissioner Plummer: No. Well, they can do that if they wish but recommend
it...
Commissioner De Yurre: That's...
Vice Mayor Alonso: Well, we'd better clarify for the records what is the
intent of this Commission.
Commissioner Dawkins: No.
Commissioner De Yurre: I'm ready to vote on that right now because I've got
a...
Commissioner Dawkins: Yeah, for the Manager...
Commissioner De Yurre: If we're going to go out through the process.
Commissioner Dawkins: The Manager used to recommend anything under $50,000
without competitive bids. Since the Manager was doing that, and the City
100 September 24, 1992
Attorney has assumed the responsibility of lobbying, let him make the
recommendation.
Commissioner De Yurre: OK. So we...
Vice Mayor Alonso: So, are you saying that without an R.F.P. to come back and
make a recommendation on the basis of what?
Commissioner De Yurre: Well, basically with the same procedure that we just
had now.
Vice Mayor Alonso: It was an R.F.P.
Commissioner De Yurre: Well, it was a bidding.
Vice Mayor Alonso: A bidding...
A. Quinn Jones III, Esq. (City Attorney) : Well, it was, as defined in our
Code, "competitive negotiations." It wasn't a formal Request for Proposal but
I can still go through the same process.
Vice Mayor Alonso: All right. So what we are saying then, as a Commission,
that's what we want to do, and to instruct the City Attorney to come back to
us with a recommendation...
Commissioner Dawkins: At the next meeting.
Commissioner De Yurre: At the next meeting.
Vice Mayor Alonso: ...at the next meeting. OK? So, it's... We need, then a
motion for this, of course.
Mr. Jones: OK. Yeah.
Vice Mayor Alonso: And he moved...
Commissioner De Yurre: So moved.
Commissioner Dawkins: Second.
Commissioner De Yurre: Second.
Vice Mayor Alonso: And second. OK. Call the roll, please.
101 September 24, 1992
The following Motion waa introduced by Comissioner De Yurre, who moved
its adoptions
MOTION NO. 92-581
A MOTION INSTRUCTING THE CITY ATTORNEY TO INITIATE THE
COMPETITIVE NEGOTIATIONS PROCESS IN CONNECTION WITH
ENGAGING PROFESSIONAL LEGISLATIVE CONSULTATION
SERVICES TO LOBBY, ON BEHALF OF THE CITY, IN ITS
DEALINGS WITH METROPOLITAN DADE COUNTY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
------------------------------------------------------------------------------
20. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
EXECUTE AMENDMENT NO. 8 TO AGREEMENT WITH DELOITTE AND TOUCHE (CERTIFIED
PUBLIC ACCOUNTANTS), IN ASSOCIATION WITH: (a) SHARPTON, BRUNSON AND
COMPANY, PA; (b) VERDEJA, IRIONDO AND GRAVIER; AND (c) WATSON AND
COMPANY, PA -- FOR EXTERNAL AUDITING SERVICES RELATED TO THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER
30, 19920 AND PREPARATION OF ANNUAL COMPLIANCE REPORTS (See label 25).
------------------------------------------------------------------------------
Commissioner De Yurre: We're adjourning until what time?
Vice Mayor Alonso: We're going to continue. I suppose we could take a few
more items, if you want to. Or we leave and come back at 2:30.
Commissioner Dawkins: Well, I think...
Vice Mayor Alonso: Whatever you want to do.
Commissioner Dawkins: Well...
Commissioner Plummer: What would be... Bottom line... What would be...
Commissioner De Yurre: Unless you've got... If you've got any other pocket
stuff that we can take care of right now.
Commissioner Dawkins: Like...
Vice Mayor Alonso: Can we take a few items since...
102 September 24, 1992
Commissioner bawkins: Well, seven...
Vice Mayor Alonso: ...we have people waiting here?
Commissioner Dawkins: Seven will need the Mayor.
Vice Mayor Alonso: OK.
Mr. Carlos Garcia: We don't need the Mayor for seven.
Vice Mayor Alonso: It will need the Mayor?
Mr. Garcia: No.
Commissioner Dawkins: Ten might not need anything.
Vice Mayor Alonso: Seven? So you suggest that we then don't take seven.
Mr. Garcia: Why do we need the Mayor for seven?
Vice Mayor Alonso: Do we want to take eight?
Commissioner Plummer: Wait a minute. I thought we were going to...
Vice Mayor Alonso: Well, I'm asking...
Commissioner Dawkins: OK.
Vice Mayor Alonso: ...if they would like to adjourn at this time or they
would like to take... I was going to take some items but since they say they
will need the vote of the...
Commissioner Plummer: Some help.
Vice Mayor Alonso: ...Mayor, we'd better not take it at this time.
Mr. Garcia: I don't believe so.
Unidentified Speaker: I don't think so.
Commissioner Plummer: Well, let's do it this way. I have no problem with
working for a few more minutes. But, I think that in the...
Vice Mayor Alonso: Do you want to continue until noon or what?
Commissioner Plummer: That's our normal policy but I think, in all fairness
to the Mayor, any matter that we pass or deny in his absence that he wants
reconsidered in the afternoon upon his return, we should do.
Mr. Garcia: Fine. OK. Fine.
Vice Mayor Alonso: Of course.
103 September 24, 1992
4
Comissioner Plummer: Do you want to do that? When let's go ahead and try to
do what we can. What's fine with me.
Vice Mayor Alonso: OK, So...
Commissioner Plummer: Item 7.
Mr. Garcia: Seven.
Vice Mayor Alonso: Seven we don't take at this time.
Mr. Garcia: Yes, we could.
Vice Mayor Alonso: We could?
Mr. Garcia: Yes, ma'am.
Vice Mayor Alonso: OK. If it's the pleasure...
Commissioner Dawkins: OK. All right.
Vice Mayor Alonso: OK. So we'll take seven.
Commissioner Dawkins: It will be back for the Mayor. Mr... My fellow
Commissioners, I feel, and I'm sorry the Manager isn't here, that the City of
Miami Commissioners need to hire an auditing firm that will audit the work of
the City Commission and report it to the City Commission. Having an outside
audit firm come in and certify what Mr. Mano and the rest of the people have
said is good work is against my grain and I no longer intend to vote for that.
This City Commission should hire, and I don't care if it's the same firm, but
somebody who can come to this Commission, who is responsible as the City
Attorney, the City Manager and the City Clerk, who is hired by this
Commission, whose responsibility is to this Commission, to make me aware of
the budget. I've been here 12 years and I still don't understand the budget.
Vice Mayor Alonso: Well, it seems...
Commissioner Dawkins: And each time that I ask, I get some mumbo jumbo stuff
that doesn't make sense. But if an outside auditor was hired, that was hired
to report to this Commission, to monitor that which the Manager OKs and passes
to me as OK, which has been rubber stamped by everybody until they get to him,
I would feel more comfortable.
Vice Mayor Alonso: Right. It seems to me that this item we will have to take
again in the afternoon so it's... We'd better postpone...
Commissioner Plummer: Deferred out.
Vice Mayor Alonso: ...defer this item until this afternoon, tabled until the
afternoon, because it will just be a waste of time. So I think it will be
more appropriate that the Mayor and the City Manager prepares it. ...item
seven.
(AT THIS POINT, ITEM 7 IS TABLED)
104 September 24, 1992
--i----4.aw —Yl ---Yi--Y.ifr----WNifY.Yi iiLY-----Y---- �i----♦.--------------------- A.
21. APPROVE REQUEST BY REPRESENTATIVES OF THE PIG BOWL CHARITY FUND TO USE
WATSON ISLAND FOR THE MIAMI - CITY OF NATIONS HOLIDAY FESTIVAL, SUBJECT
TO SUCCESSFUL NEGOTIATION OF INTENDED DONATION.
------------- +----------------------------------------------------------------
Commissioner Plummer: Madam Vice Mayor, may I ask...
Vice Mayor Alonso: Maybe we should take some items out of order...
Commissioner Plummer: May I ask to take one out of order?
Vice Mayor Alonso: OK. Yes.
Commissioner Plummer: Item 27...
Commissioner Dawkins: Twenty-seven?
Commissioner Plummer: ...is a request...
Vice Mayor Alonso: Twenty?
Commissioner Plummer: Two seven.
Commissioner Dawkins: Two seven?
Vice Mayor Alonso: Two seven.
Commissioner Plummer: ...that the Pig Bowl Foundation wishes to have a
charity event during the Christmas time. I would ask that that be moved
subject to the negotiation with the Bayfront Park which will not have the
opportunity to put on such an affair, that they are willing to negotiate some
kind of a donation to the park, in lieu of the park putting on an event this
year. So, I would ask that this matter be approved subject to a successful
negotiation between the Bayfront Park and the Pig Charity Bowl, that it be
approved upon that allocation. I would further go one step. This is a
charity event that all City's fees, including the rentals, be waived. I don't
think that it's proper where we, our Police Department and Metro Dade County
are together, that the charities are outlined that we should be charging any
rent or any fees. But I do feel that Bayfront Park which is an arm of this
Commission has that right which will now not be a reality, and I'm talking
with them, they're willing to sit down and negotiate something for the park.
So I would move it subject to that at this particular time.
Vice Mayor Alonso: OK. So moved by Commissioner Plummer. Do we have a
second? Seconded. Please call the roll.
105 September 24, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-582
A RESOLUTION RELATED TO THE MIAMI-CITY OF NATIONS
HOLIDAY FESTIVAL, A WINTER FESTIVAL TO BE CONDUCTED BY
THE PIG BOWL CHARITY FUND FROM DECEMBER 17, 1992
THROUGH JANUARY 3, 1993; AUTHORIZING THE USE OF WATSON
ISLAND, SUBJECT TO SUCCESSFUL NEGOTIATION BETWEEN THE
BAYFRONT PARK MANAGEMENT TRUST AND THE PIG BOWL
CHARITY FUND; FURTHER AUTHORIZING THE WAIVER OF ALL
WAIVABLE CITY FEES, INCLUDING ALL WAIVABLE RENTAL FEES
RELATED TO SAID EVENT, CONDITIONED UPON THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Commissioner Dawkins: Can we have...
Commissioner Plummer: We'll be glad to meet with you the first of the week in
the Bayfront Park.
------------------------------------------------------------------------------
22. DISCUSS AND REFER TO ADMINISTRATION A MATTER BROUGHT FORTH BY MR. ADI
CHABLI CONCERNING A "NOTICE OF ENCROACHMENT" FOR PROPERTY LOCATED AT
3099 OAK AVENUE.
------------------------------------------------------------------------------
Commissioner Dawkins: Can we move... hear 26? I see Mr. Chabli here. Do
you want to hear...
Vice Mayor Alonso: Twenty-six?
Commissioner Plummer: Yes, ma'am.
106 September 24, 1992
'9.eaes4ewrMs�.haf ;a+YKtSaN.�Z�rw+:acz..,�-�+d w.i?'N;wh?t34r�'e+`Fr+�e-r
11
Commissioner Dawkins: I don't...
Vice Mayor Alonso: Twenty-six?
Commissioner Dawkins: Is it controversial or...
Vice Mayor Alonso: Are they here?
Commissioner Plummer: Yeah, I don't... I asked the City Attorney this
morning, earlier. I don't understand this. First of all, I don't know what a
Notice of Encroachment is. I know the word encroachment, but then when I find
that there is a fee involved with a Notice of Encroachment, and then I'm
finding out if I read the request properly that he's asking the City to pay
for the reinstatement of the fence. I tell you, I don't know what the hell's
going on. I'm... So somebody's got to...
Mr. Jim Kay: Mr. Plummer.
Commissioner Plummer: Yes.
Mr. Kay: Commissioners, the only fee that we have is the... Well there's
actually three fees. One was the fee to prepare the Covenant, the
Encroachment Covenant, originally. That was $200. That fee has to be
prepared by the department, reviewed by the Law Department, and there were two
of those covenants prepared. One was for the encroachment and the other one
was for the Sidewalk Covenant. Since then, a portion of the Sidewalk Covenant
was enforced and the sidewalk was placed on Oak Avenue and there was a lien
placed for that. That was $598.
Commissioner Plummer: Well, let me just read you some comments from my staff
and then you help me out of this dilemma.
Mr. Kay: OK.
Commissioner Plummer: The gentleman had a conveyance from previous Public
Works Director. Is that a correct statement?
Mr. Kay: The covenant was signed by a previous...
Commissioner Plummer: But it was issued.
Mr. Kay: It was issued, yes.
Commissioner Plummer: OK. He received a Notice of Breaking Covenants and
given 30 day notice. Is that a correct statement?
Mr. Kay: We informed him that he had 30 days to remove the... This is a
temporary fence encroachment, from the undedicated right-of-way. Right.
Commissioner Plummer: He went to Wally Lee and asked to hold off until
Commission discusses the issue and Wally Lee said no.
107 September 24, 1992
Mr. Kay: You'll have to ask Mr. Lee, I don't recall that.
Commissioner Plummer: Mr. Lee?
Mr. Wally Lee: That is correct.
Commissioner Plummer: OK. This gentleman would like to replace the fence as
specified by the City. He would like his conveyance fee of $500 to be
refunded and the cost of the fence.
Mr. Kay: OK. I'm not sure what the conveyance fee is that he's talking
about.
Commissioner Plummer: Well, I don't either. That's the...
Mr. Kay: But, let me say this, there are two owners in this case. We have
Mr. Chabli and we have Mr. Bevilacqua. Mr. Bevilacqua came in last Friday
with an application for a permit to reconstruct the fence at the proper line.
Commissioner Plummer: OK. Give me the answer to the last line. There's an
article that was in a paper somewhere, I don't know what the hell it is,
states that fence is in the City right-of-way. The City claims this is not...
He claims this is not true, that it's on a property line. What is your
opinion?
Mr. Kay: The fence was on the property line but it was in the undedicated
zoned right-of-way. That's where it was and it was taken down.
Commissioner Plummer: So, are you saying that he doesn't have the right to
put the fence where he's asking?
Mr. Kay: He can only... He could only have the right by way of covenant.
But that covenant is a Temporary Fence Encroachment Covenant and when the
Public Works Director deems that it needs to be removed he must do so within
30 days and that's what was...
Vice Mayor Alonso: But it was within the... his property?
Mr. Kay: It was on his property.
Vice Mayor Alonso: The only thing that did, if its work has to be done, it
wi11 have to be removed. Because you have the right to have a fence within
the limits of your own property. But if you have it on top, for example, of
an easement and if work has to be done, they have the right to remove whatever
structure is on top, provided it's not a permanent structure, like a fence,
let's say, and at your own expense. That's what it means.
Mr. Kay: Right. He was there by covenant and normally fences are constructed
at the base building line.
Commissioner Dawkins: But you're saying that the gentleman has the fence on
his own property and that the City of Miami has determined that it doesn't
want it on his property because they want to declare this the right of way.
Am I hearing you correctly?
108 September 24, 1992
r. Kay: That's partially correct. He put the fence on his property...
Commissioner Dawkins: Well, explain the part to me that's not correct.
Mr. Kay: OK. He is required to have the fence at the base building line,
OK?
Commissioner Dawkins: He's required by what?
Mr. Kay: He should have... Right.
M
Commissioner Dawkins: By what? By ordinance, by law?
Mr. Kay: By ordinance, right.
Commissioner Dawkins: By ordinance.
Mr. Kay: By the Code, uh-huh.
Commissioner Dawkins: OK. At the...
Vice Mayor Alonso: Could you say that again?
Mr. Kay: He is required to have the fence at the base building line. OK?
Now, there is a provision of the Code which allows someone to put a temporary
fence to encroach beyond that, provided he's still on his property.
Vice Mayor Alonso: And this is his property.
Mr. Kay: That was the case here. Right. That was his property. But again,
it's a temporary fence encroachment.
Vice Mayor Alonso: Yes.
Mr. Adi Chabli: May I please speak?
Vice Mayor Alonso: State your name and address for the record, please.
Mr. Chabli: Yes. Thank you for giving me the opportunity to speak. My name
is Adi Chabli...
Vice Mayor Alonso: And try to be very brief because we would like to take one
more item.
Mr. Chabli: OK. I'll be very brief.
Vice Mayor Alonso: Please.
Mr. Chabli: I'll be very brief. My name is Adi Chablis. I grew up in Miami
and went to high school here. I went to college here. I live in the Grove.
I work in the Grove.
Vice Mayor Alonso: Fine. But let's get to the point.
109 September 24, 1992
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Mr. Chabli: OK. About a week ago the City came with a crew, a bulldozer,
blowtorch, seven to eight employees and two to three police cars - this is
during the hurricane time - blocked off the street, came to my fence and
destroyed it, I was at the time working, I'm a general contractor, helping
people and family with the hurricane. I came back, my whole fence was
destroyed. And furthermore, I want to show you the electrical of my house.
My first floor I don't have electrical. I didn't have electrical at the
hurricane and when I came back I had no electrical on the first floor because
it was disconnected by the City of Miami. The neighbors were furious because
they were seeing this happening when the City, with all these trucks and maybe
15 people in there, could have been helping with the hurricane and they're out
there destroying my fence. I came to see them when they were doing this and
came to see the Manager. I told him, "Mr. Manager, please give me the
opportunity to be heard by Commission because it is set on the agenda and let
me be heard. And if this Commission decides it has to be taken out, even
though it's on my property line, I promise -- I'm in construction -- I'll get
it done the next day. They did not allow me the opportunity to do that. They
went and took it out anyways. I, basically, what I'm asking you to do is
please help me by getting me one person to look into this issue and really
find out why this harm has been done. My family and my house is exposed to
the street. I have no fence. You know, the Grove sometimes gets a little
crazy, especially at night. And 1 have no electricity on my first floor.
Vice Mayor Alonso: So, what you're asking us to do is...
Mr. Chabli: ...is to look into this issue...
Vice Mayor Alonso: ...to look into this situation. But...
Mr. Chabli: ...and see why this thing has happened. Why?
Vice Mayor Alonso: But for the sake of expediting the case, is it true that
we did all that he described?
Mr. Kay: I'm not aware of it. We had a master electrician on the scene who
had to disconnect the electric motor. There was an electric motor in
connection with this fence and he did do the disconnecting of that. I'm not
aware of any damage that he caused.
Vice Mayor Alonso: Well, I think based on how serious this situation is, I _
think we should instruct the Administration to come back to us with a report
on what has happened, and the extent of the damage, and to work with him. But
I think we need full explanation from the Administration of what has happened.
Mr. Chabli: Thank you. As far as the cost Mr. Plummer was sayin is, the
covenant, at the time it was entered in, by Dr. Prieto, it cost 1200 each
covenant. I have two covenants running with the land. That's the cost for
that. I don't want them to lien my house, you know, for the removal of this,
this whole scenery. I don't want any liens on my property for this. And
that's what I'm talking about.
Vice Mayor Alonso: Yeah. And my understanding is when we sign a covenant, or
we... or the City takes a certain amount of land, it still is our land.
110 September 24, 1992
h
Mr. Chabli: What's correct.
Vice Mayor Alonso: So, this is a very complicated issue, one in which we need
information from the Administration. And this gentleman that is standing over
here...
Mr. William Garcia: Good morning.
Vice Mayor Alonso: Is this in reference to this item?
Mr. Garcia: Yes, it is. I represent...
Vice Mayor Alonso: Would you identify yourself, name and address, for the
record, please?
Mr. Garcia: My name is William Garcia. My address is 710 South Dixie Highway
in Coral Gables, Florida. I represent the other homeowner. This project in
question here is a condominium. There are two unit owners. One is the
gentleman standing here. The second owner, Mr. Bevilacqua, is my client and
we're here today to see what the City's response is going to be because we're
concerned about a lien being placed on the property which, according to the
condominium documents, would have to be shared equally by both parties. And
we're very concerned about that because we understood that there was this
hearing today and we know that there was a requirement...
Vice Mayor Alonso: Yes.
Mr. Garcia: ...that the fence be taken down. We were not in agreement with
how it was done and we wanted to make sure, and protect our interests, and the
lien not be placed on the property.
Vice Mayor Alonso: I understand. So, you understand that we cannot make any
decision today? We will instruct the Administration to come back. We don't
need a motion for this. OK.
Mr. Garcia: We appreciate it. Thank you.
Vice Mayor Alonso: Thank you.
111
September 24, 1992
s
i.Lr --.r----------Y -.4 it a.----ri rY.---- r.:-----r----r---r-----------i it
23. ADMINISTRATION REQUESTS UPGRADE IN CONNECTION WITH PENDING INVESTIGATION
OF MR. WILLIAM MORALES, PREVIOUSLY A DIRECTOR OF THE DE HOSTOS SENIOR
CENTER.
Vice Mayor Alonso: OK. I'd like to take item 29 out of order. Mr. Ringo
Cayard has to go to Homestead...
Commissioner Plummer: Oh, no.
Vice Mayor Alonso: He tells me.
Commissioner Plummer: No, no.
Commissioner De Yurre: While he's on his way to Homestead...
Commissioner Plummer: No, no.
Commissioner Dawkins: Why he should have... Why didn't he catch the
helicopter with the...
Commissioner Plummer: Is that a promise that he won't come back?
Commissioner Dawkins: He should have caught...
Vice Mayor Alonso: Yes, I guess he will just put that on the record.
Commissioner De Yurre: Before Ringo says anything, I'd just like to ask a
question, because I have Mr. Morales here from De Hostos. What happened with
the investigation that was supposed to have taken place for a 60 day period,
to look into his situation about certain allegations? You know, it's been
more than the 60 days and we haven't had any results and I would like to get
something from the Administration as to where that stands. And if there's no
investigation, let's put this to rest and let's move on because they put a
dark cloud over his head that has to be removed one way or another. Either it
rains or we have to remove it.
Vice Mayor Alonso: Is the Administration ready to...
Commissioner Dawkins: Well...
Vice Mayor Alonso: ...give to us...
Commissioner De Yurre: Frank...
Vice Mayor Alonso: ...a report at this time?
Commissioner Dawkins: Well, I...
Vice Mayor Alonso: I think we don't have enough time if they have it, do you?
Are you ready for... Put it on the... Go to the mike...
112 September 24, 1992
i
Commissioner be Yurre: Who is investigating?
Vice Mayor Alonso: On the mike, please.
Mr. Frank Castaneda: The Police... The Police Department.
Commissioner Plummer: Before you start with an answer... You know, I know
I'm getting old. What were the allegations? I don't remember.
Vice Mayor Alonso: Do you remember when that complicated case of whether he
was fired, and the reasons, and so on? There were certain allegations and it
was clearly understood that an investigation was under way and that it was the
decision of this Commission, we wanted to have some information to us as to
the result of that investigation. So to help Mr. Morales...
Commissioner Plummer: But what were the...
Vice Mayor Alonso: ...clear his name publicly.
Commissioner De Yurre: Yeah.
Commissioner Plummer: What were the allegations? I don't remember.
Mr. William Morales: Excuse me.
Vice Mayor Alonso: OK. Let him...
Mr. Morales: OK. My name is William Morales.
Vice Mayor Alonso: State your name and address.
Mr. Morales: William Morales, 2301 Collins, Miami Beach. Soon after the City
Commission in July, I submitted all documentation and proof of the false
accusations with a... There's no evidence involved.
Commissioner De Yurre: But what were the allegations? What did they accuse
you of?
Vice Mayor Alonso: Allegations?
Mr. Morales: They were alleging that I was taking some money from the lunch
boxes at the Center, at De Nostos Senior Center...
Commissioner Plummer: OK. All right.
Mr. Morales: ...but those monies are secured in a...
Commissioner Plummer: Yeah. No, we had affidavits to that effect.
Vice Mayor Alonso: Thank you.
Mr. Morales: Yeah. And we submitted...
113 September 24, 1992
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Commissioner Mummer: OK.
Mr. Morales: .,.all documentation and other affidavits with the people who
were handling
Commissioner Plummer: But, this... Excuse me. This does not tie in with
Cayard7
Commissioner De Yurre: No, no. I just brought it up because...
Vice Mayor Alonso: No.
Commissioner Plummer: Oh, that's where I'm confused.
Vice Mayor Alonso: No, no. Not at all.
Commissioner Plummer: We all know how bad he is but we...
Vice Mayor Alonso: No, no. OK. Since we don't have a report from the
Administration at this time, perhaps what we should do is instruct the
Administration to come back to us next Commission meeting with some...
Commissioner De Yurre: Or in the afternoon. Let us know where it's at. It's
way beyond...
Vice Mayor Alonso: Well, if they are ready in the afternoon, so we table the
item and we come back in the afternoon.
Commissioner Be Yurre: To bring us back a status report of where we're at so
that we can...
Commissioner Dawkins: OK.
Vice Mayor Alonso: If they are ready in the afternoon. So...
Commissioner Be Yurre: ...you know, take care of this situation.
Commissioner Dawkins: And Mr...
Mr. Manohar Surana (Assistant City Manager): It's going to be on next agenda.
Commissioner Dawkins: Mr. Castaneda...
Vice Mayor Alonso: Next agenda.
Mr. Surana: It's going to be on next agenda.
Vice Mayor Alonso: They are not ready.
Commissioner Be Yurre: Oh, OK.
Commissioner Dawkins: OK. Mr. Castaneda...
Vice Mayor Alonso: OK. We'll take it next agenda.
114 September 24, 1992
5" 5
11.1�,�,
Commissioner Dawkins: 0K.
Vice Mayor Alonso: Mr. Ringo Cayard then? Twenty-nine.
Commissioner Dawkins: All right. One minute before you...
Vice Mayor Alonso: Yes.
Commissioner Dawkins: Mr. Castaneda, I've been told that this gentleman has
been out there daily, harassing the people who are operating the center.
Please check for me...
Vice Mayor Alonso: Mr. Williams don't...
Commissioner Dawkins: No, I know... Please check and see if that's a fact.
Because he's been out there...
Mr. Castaneda: OK.
Commissioner Dawkins: ...hindering the operation. Will you have somebody do
an investigation...
Mr. Castaneda: Right.
Commissioner Dawkins: ...and see if that's true for me?
Mr. Castaneda: I'll do that, Commissioner.
Commissioner Dawkins: Yeah.
Vice Mayor Alonso: Yes. And also it is...
Commissioner Dawkins: That's all. I don't know. It's just that I don't
know.
Vice Mayor Alonso: I have a recollection, and you correct me if I'm wrong...
Commissioner Dawkins: I get stuff in the mail and the only way you can solve
it is to have somebody come by here, the same people who wrote the letters...
Vice Mayor Alonso: When we discussed this item it was clearly understood that
the people who were going to be in charge of the center were to run the
operations and that Mr. Williams was not to be involved.
Mr. Castaneda: That's correct.
Vice Mayor Alonso: But they tell me also that you were supposed to notify Mr.
Williams, and you didn't.
Mr. Castaneda: No, and I have.
Vice Mayor Alonso: Mr. Morales.
115 September 24, 1992
2
4
Mr. Castaneda: I have discussed this with Morales several times and I've told
him that he's not to run the Center until the City Commission approves that
action and so forth.
Vice Mayor Alonso: OK. Will you also look into that matter?
Mr. Castaneda: Sure.
Vice Mayor Alonso: Thank you.
Dr. Robert Arias: May I say something?
Vice Mayor Alonso: OK. Item 29.
Dr. Arias: My name is...
Vice Mayor Alonso: I don't think we should really go...
Dr. Arias: I just wanted to explain about him running the Center and being
there and not being there.
Commissioner Dawkins: No, sir. Either... No, sir. We don't want to hear
that.
Vice Mayor Alonso: Not at this time.
Commissioner Dawkins: I want him to find it out and you come back and tell
me.
Vice Mayor Alonso: Yes.
Unidentified Speaker: OK.
Vice Mayor Alonso: When... Next Commission meeting.
Commissioner Dawkins: And he's not supposed to be there now. OK. All right.
That's all. Go ahead.
24. GRANT FUNDING REQUEST BY REPRESENTATIVE OF HAITIAN AMERICAN FOUNDATION,
INC. -- FOR ACQUISITION OF A BUILDING IN LITTLE HAITI -- AUTHORIZE
ALLOCATION OF $50,000 PER YEAR FOR TWO YEARS.
Mr. Ringo Cayard: Ringo Cayard.
Vice Mayor Alonso: Mr. Ringo Cayard.
Mr. Cayard: Ringo Cayard, Haitian American Foundation, 47 N.E. 36th Street.
Before I address the Commission on my issue, we would like to... I mean, I,
Ringo Cayard, on behalf of Ringo Cayard, would like to thank personally
Commissioner Dawkins for his efforts during the hurricane relief. He brought
116 September 24, 1992
some food to our foundation and he didn't have to do it. We took some of it.
We gave it to the community and we gave some to Homestead. And I think that
it's very good when you see someone taking the boxes himself with the
dedication, bringing it to a community, in order to help out some people in
need.
Commissioner Dawkins: All right. Well, I will accept that thanks on behalf
of the total Commission because it was a team effort. It's just that
everybody was doing something different and those... Oh but, J.L., i was not
picking up any leaves in J.L.'s neighborhood.
Commissioner Plummer: Let me tell you, whatever you're here for, you just
lost four to one. Go ahead. I...
Mr. Cayard: No, no. I mean...
Commissioner Plummer: That's all right. I mean, hell, you know... You'll
never learn. But, you know, will teach you. That's all right.
Mr. Cayard: No, but it's... No. The fact is that, you know, in our
community we always say, "What are the Commissioners doing? What is this?
What is that?" and...
Commissioner Plummer: Watch Channel 9.
Mr. Cayard: And when somebody does something good for us, I like it be in the
record that, you know, this is what somebody else has done and they didn't
have to do it. They came lifting up the boxes. I think it's pretty heavy
work.
Vice Mayor Alonso: All right. Thank you...
Mr. Cayard: OK.
Vice Mayor Alonso: Ringo.
Commissioner Dawkins: Now, what do you want from us?
Vice Mayor Alonso: Go and... Why are you here today?
Commissioner Plummer: Your time is up.
Mr. Cayard: We are here because there was some monies set aside five months
ago, for the Haitian community, about $200,000 from the CDBG (Community
Development Block Grant) funds. After sitting with Frank Castaneda, and
Hilda, and Pablo, at many, many meetings, we came to a conclusion which would
serve the committee at best, which is taking part of the money, not the whole
pot, taking some of it...
Vice Mayor Alonso: How much?
Mr. Cayard: The total of 100, in order to acquire the facility...
Commissioner Dawkins: What facility?
117 September 24, 1992
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Mr. Cayard: ...at that time... There are two facilities right now that we
11 are looking into.
Commissioner Dawkins: Where?
Mr. Cayard: In the Little Haiti area and by the design district where we are.
Commissioner Plummer: Well, let me say for the record, we're good friends and
I hope we stay good friends. That $200,000 which I made the motion to set
aside, was not designated for any one outfit to be the recipient of all of
that money.
Mr. Cayard: That's right.
Commissioner Plummer: OK? It was my hope and desire that it would be spent
very, very well in serving the people. Now, I said to you before, and I'll
say again, "Buildings don't feed people." And I don't like to see studies
going on and things of that nature, and the people are out there hungry. Now,
I have no problem with that money that you're receiving, to go to buy a
building. But you've got to understand, if that money goes, we own the
building. We own the building.
Mr. Cayard: It's fine.
Commissioner Plummer: OK? So...
Mr. Cayard: We could lease it one dollar a year from you.
Commissioner Plummer: That's fine.
Mr. Cayard: That's no problem.
Commissioner Plummer: That's fine. We can use that money to buy the...
Vice Mayor Alonso: Yeah. Frank Castaneda you wanted to make a clarification
for the record.
Mr. Cayard: Frank will explain...
Mr. Castaneda: Yeah.
Mr. Cayard: ...because we cannot use that money for food, by the way.
Mr. Frank Castaneda: Yeah. Commissioner, this money is coming out of the
Economic Development pot, so the money cannot be just for feeding people.
Commissioner Dawkins: But...
Mr. Castaneda: If we were to use this money to acquire a building, we would
set it up as a grant. However, in the case that the property is sold, or they
abandon the use of the building, it would turn back into a loan as we have
done in the other...
118 September 24, 1992
i
;:v s'
13
Commissioner Mummer: Not that's not agreeable to me and 1 think we need to
consider, in the future, one more control.
Mr. Castaneda: OK.
Commissioner Plummer: Is if an activity takes place... And this is not aimed
at the Haitian community but all communities.
Mr. Castaneda: OK.
Commissioner Plummer: That if any activity takes place in that structure that
is not with the approval of this Commission, it automatically reverts. Now,
I'm... You know, it's...
Commissioner Dawkins: But...
Commissioner Plummer: It's the idea that if we're going to put that money
out, then the Haitian Foundation, in my estimation, if the building were to be
sold, is not entitled to the money.
Commissioner Dawkins: But...
Commissioner Plummer: It's the taxpayers' money.
Commissioner Dawkins: But, Commissioner...
Commissioner Plummer: Go ahead...
Commissioner Dawkins: ...Plummer...
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yeah.
Commissioner Dawkins: You started out by saying the money was designated for
the Haitian community.
Commissioner Plummer: Correct, sir.
Commissioner Dawkins: Now, Mr. Ringo, of the $200,000 how much are you
requesting?
Mr. Castaneda: He's requesting $100,000.
Mr. Cayard: We're requesting only $100,000.
Commissioner Plummer: Per year.
Commissioner Dawkins: Huh?
Mr. Cayard: Only... No.
Vice Mayor Alonso: Annually...
119 September 24, 1992
U
Commissioner Plummer: Well you changed your story.
Commissioner Dawkins: OK. Wait a minute. Hold it. You what, now?
Mr. Cayard: Only $100,000 which is half of it.
Commissioner Dawkins: All right.
Commissioner Plummer: Changed his story.
Commissioner Dawkins: What will Jacque Despinose's request?
What's your organization, Mr. Vielot?
Mr. Yves Vielot: Haitian Task Force.
What wi11...
Commissioner Dawkins: ...Haitian Task Force request. You see, we've got to
make sure, Mr. Ringo, that the agencies out there agree that either they give
you $100,000, or we split it equally between everybody. We just can't...
Commissioner Plummer: I...
Commissioner Dawkins: I mean...
Commissioner Plummer: Excuse me, Commissioner Dawkins. Ringo, you've changed
your story. I'll go with your other story. OK? Fifty thousand a year for
two years gives you the hundred. I'm trying to be fair because I don't know
of any other organization that we granted in excess of fifty. OK? And if you
want to go to acquire, predicated on fifty a year for two years, I'll go along
with that.
Mr. Cayard: That's fine with me.
Commissioner Plummer: OK?
Mr. Cayard: But I want you to understand, this is in every year that money is
coming to you.
Commissioner Plummer: I understand that, but I don't want to set a precedent
with you. OK?
Mr. Cayard: OK.
Commissioner Plummer: We're going to reach the same ultimate end in the
acquisition of a structure, but it doesn't open the door for 11 or 12
others...
Mr. Cayard: All right.
Commissioner Plummer: ...to say, "You've gave them in excess of fifty. We
want in excess of fifty," which they would be entitled to say.
Mr. Cayard: OK.
120 September 24, 1992
A.r
n
OK
Commissioner Plumert So, I would go along with the fifty a year, guaranteed
for two years.
mr. Cayard: OK.
Commissioner Plummer: OK?
Commissioner Dawkins: I second.
Commissioner Plummer: That I would go along with.
Commissioner Dawkins: I second.
Vice Mayor Atonso: OK. So...
Mr. Cayard: But that doesn't include the fifteen for...
Vice Mayor Alonso: Do you want to...
Commissioner Plumper: Excuse me?
Vice Mayor Atonso: What?
Commissioner Dawkins: What now?
Mr. Cayard: Because we already had... I mean, there was a fifteen that when
we had a lot of problems we came to you and you granted a fifteen to us, to
operate, that's what Frank...
Commissioner Plummer: We're talking about five zero...
Mr. Cayard: OK.
Commissioner Plummer: ...this year...
Mr. Cayard: That's right.
Commissioner Plummer: ...for the acquisition of a building with a guaranteed
five zero out of next year's budget...
Mr. Cayard: OK.
Commissioner Plummer: ...to make the final payment.
Mr. Castaneda: Commissioner, let me clarify what Ringo is saying.
Commissioner Plummer: Sure.
Mr. Castaneda: What he wanted to do was to use the $15,000 that the City had
advanced him to cover administrative expenses related to his corporation, to
H.A.F.I. (Haitian American Foundation, Inc.), and $85,000 to buy the building.
If what you're saying is fifty now, then what you're really saying is fifteen
for his administration and thirty-five to acquire the building?
121 September 24, 1992
l
Commissioner Plummer: I don't care.
f ;
Mr, Cayard: No, no.
Commissioner Plummer: He can... However he wants to do it but the max is
fifty. OK?
Mr. Cayard: And that's between two years.
Commissioner Plummer: You want to take all fifty for the building this year
and split it up next year? But I've got to be fair and equitable across the
board.
Mr. Cayard: What we could do, since it's on two years, the fifteen we have,
why don't we split it in two also? The fifteen should be split in two instead
of having just thirty-five.
Commissioner Plummer: That's fine. I have no problem...
Commissioner Dawkins: We may have another extra fifteen next year that you
could get, Ringo.
Mr. Cayard: OK. Fine. That's fine.
Commissioner Dawkins: Take the fifty now and thirty-five and we come up with
another fifteen next year.
Vice Mayor Alonso: Call the roll, please.
Mr. Cayard: OK. All right.
Ms. Matty Hirai (City Clerk): I don't have a motion madam?
Vice Mayor Alonso: Yes, yes. He gave a motion.
Commissioner Plummer: The motion is...
Ms. Hirai: He did? I am sorry.
Commissioner Plummer: Yes. I made the motion.
Vice Mayor Alonso: Take it again for the record, please.
Ms. Hirai: Yes. OK.
Vice Mayor Alonso: And Commissioner Dawkins seconded.
Ms. Hirai: Yes.
Commissioner Plummer: 2:30.
122 September 24, 1992
The following Pests-ut4eo was introduced by Commissioner Plummer, who
Moved its adoption:
* MOTION
- W- NO. 92-583
A RE696UTIGN GRANTING AN AMOUNT OF $100,000 TO THE
HAITIAN AMERICAN FOUNDATION, INC. (HAFI), FOR
ADMINISTRATIVE COSTS AND THE ACQUISITION OF REAL
PROPERTY TO BE USED BY THE HAITIAN COMMUNITY, SUBJECT
TO THE OWNERSHIP OF SAID REAL PROPERTY REVERTING TO
THE CITY OF MIAMI SHOULD THE HAFI CEASE TO OPERATE OR
EXIST; ALLOCATING FUNDS THEREFOR AS FOLLOWS; $50,000
FROM FISCAL YEAR 192-93 and $50,000 FROM FISCAL YEAR
193-94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO IMPLEMENT SAID GRANT.
Upon being seconded by Commissioner Dawkins, the Peselutien was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor Alonso: And...
Mr. Cayard: And before we adjourn let me add that we have our 501C3 and that
was a pending matter to the Commission about the money that they loaned us
and...
Commissioner Dawkins: Mr. Ringo, I mean... I'm sorry.
Vice Mayor Alonso: Yes. Commissioner Dawkins had you promised Item 25...
Commissioner Dawkins: Yes, ma'am. But it's 12:00.
Vice Mayor Alonso: ...to the gentleman, maybe we should.
Commissioner Dawkins: It's 12:00.
Commissioner Plummer: 2:30.
Vice Mayor Alonso: I'm sorry.
123 September 24, 1992
* Per Irma Abella's memorandum dated November 16, 1992, on file
with working papers for meeting of 9-24-92.
9
Commissioner Dawkins: I would like to but I want you to get with all the
other people out there with the other $100,000... whatever's left and come
here at the next meeting, how we can give the money out to the other groups
and be finished with it. It's unfair for Ringo to come here and get fifty and
then he comes and gets nothing and then somebody else comes and gets nothing.
Vice Mayor Alonso: Definitely has to be done among the Haitian community.
Commissioner Dawkins: Let's do it all at one time.
Vice Mayor Alonso: Yes. OK. We are adjourned.
Mr. Cayard: Thank you so much.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:01 P.M. AND RECONVENED AT 2:39 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER DE YURRE.
25. (Continued Discussion) CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO
AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 8 TO AN AGREEMENT WITH DELOITTE AND
TOUCHE, CERTIFIED PUBLIC ACCOUNTANTS, FOR EXTERNAL AUDITING SERVICES RELATED TO
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY 192 --INSTRUCT MANAGER TO
RECOMMEND ON HAVING AUDITORS HIRED DIRECTLY BY COMMISSION (See label 20).
Mayor Suarez: We are in session again. May we please come to order? And,
Mr. David Alexander, whatever she gives you Plummer will give you two of the
same. Whatever the Vice Mayor gives you, Plummer will up the ante, and then
I'll up the ante, and you're going to get from everybody.
Commissioner Plummer: Then the Mayor lies a lot.
Mayor Suarez: And then we lie a lot. Special welcome to the representatives
from the City of New Orleans - Are they still out here? - who are visiting us,
including the Deputy Superintendent and the head of the F.E.M.A. (Federal
` Emergency Management Agency) office. We were...
Commissioner Plummer: Item 7. We held it for you.
Vice Mayor Alonso: And we did...
Mayor Suarez: On Item 7, we're going to try to go through these as quickly as
possible. We've got planning and zoning to get through. Yes, Madam Vice
Mayor?
Vice Mayor Alonso: Yes, we did...
Commissioner Plummer: Mr. Mayor, excuse me if I...
Vice Mayor Alonso: Excuse me. We did 27... 26, 27 and 29.
124 September 24, 1992
i
Mayor Suarez: Thank you.
Commissioner Plummer: Mr. Mayor, a request has been made, or asked, do you
have a feeling that we're going to actually get through this evening knowing
that we have budget, we have 20 items of zoning? We had indicated to some of
the public that are here now that if we didn't get finished that we would, in
fact, hold another meeting, possibly next week. And what they're saying is if
we think that it's not going to be, let them know now. They can go home and
plan on being here next week, or when we call the special meeting. And I told
them... I said, "I don't have a crystal ball. How long is each item going to
take?" But 20 items of zoning...
Mayor Suarez: Do you have...
Commissioner Plummer: ...normally take a great deal of time.
Mayor Suarez: Do you have any... Joel, or Mr. Manager, do you have any feel
for the planning and zoning items? What they look like... It's conceivable
that we could get through the entire agenda.
Vice Mayor Alonso: Some of them we have seen before.
Mayor Suarez: I think so.
Vice Mayor Alonso: And they shouldn't take a long time. I would say we have
about four or five that could be...
Commissioner Plummer: Right now, I'd like to say 9:00.
Unidentified Speaker: Nine o'clock in the morning?
Commissioner Plummer: Yeah.
Vice Mayor Alonso: ...sensitive things and might take a little bit longer.
Mayor Suarez: Certainly all the other items, if....
Commissioner Plummer: Well, may I make a suggestion?
Mayor Suarez: If you make a promise to be as brief as possible we can get
through.
Commissioner Plummer: No, I'm not going to make that promise, sir. I would
suggest that we re -look at this at 6:00 and then we can make that decision at
that time.
Vice Mayor Alonso: Yes.
Mayor Suarez: All right. That's a fair estimate. Let's try to get through
as many as we can. OK? Item 7?
Commissioner Plummer: This was Miller had some questions on this.
125 September 24, 1992
Commissioner Dawkins: Mr. Mayor, on seven, I'd like to continue seven until
the next meeting.
Commissioner Plummer: Second.
Commissioner Dawkins: And I feel that it's time, and that's my personal
opinion, that the City of Miami hire an auditing firm that's responsible to
the City of Miami.
Commissioner Plummer: You said to the Commissioners.
Commissioner Dawkins: For the 12 years I've been here, a certified public
accountant rubber stamps the budget that the Manager gave me and says it's all
right. And I don't care how many questions I ask, all I get is accounting
jargon that doesn't say anything. But if this City Commission had an auditing
firm who was hired by the City Commission, the same as the City Clark, the
City Attorney, and the City Manager, who had to report to the City Commission
and could answer our questions... Because the Mayor... The Manager already
has internal auditing. He's got everybody that he needs to keep him abreast
of auditing. So I'd like to continue...
Mayor Suarez: Defer?
Commissioner Dawkins: ...this until the next meeting...
Mayor Suarez: Fair enough.
Commissioner Dawkins: ...so that they could come back and tell me why it can
be done or why it cannot be done.
Mr. Carlos Garcia: Could I explain, Mr. Mayor and Commissioners, that this
City Commission has appointed an audit advisory committee that selects
auditors for the City on your behalf.
Mayor Suarez: The problem is, I guess, Carlos, that the Audit Advisory
Committee, first of all, is not paid; second of all is not charged with the
actual review of the budget process. It's charged with sort of a general
recommendatory function. They don't have much on line responsibility at all
and the Commissioner is suggesting that maybe we could review this for future
determination, so that it would respond to the Commission rather than to the
Manager. And that's an interesting concept. It begins to sound...
Mr. Garcia: Well, the outside auditors...
Commissioner Plummer: Mr. Mayor, excuse me. I think the motion on the
floor...
Mayor Suarez: Is to defer.
Commissioner Plummer: ...is to defer and speaking to the motion is in
order...
Mayor Suarez: That's fair enough.
126 September 24, 1992
Commissioner Plummer: ...anything else is out of order.
Mayor Suarez: Why should we not defer this, Carlos? One more...
Mr. Carlos: Because we have a time limitation here. We have to start working
on the financial statement. As you know, the fiscal year will end September
30th.
Mayor Suarez: What is the first meeting in October? It's the eighth. That's
not going to kill us.
Commissioner Dawkins: You know, and here...
Mr. Garcia: Well, if a decision will be made on the eighth...
Commissioner Dawkins: And here again, Mr. Mayor, I have to say it as I say it
almost every day. Why is it that this Administration always comes the day...
the last day that anything is due and tell us, "I've got to have it."
Mr. Garcia: Commissioner, if I may. This contract is for five years. It was
approved by the City Commission already.
Commissioner Dawkins: I know I'm not voting for it now.
Commissioner Plummer: Good.
Mr. Garcia: All we're doing now is reviewing... The contract has a proviso
that the auditors have to come back...
Commissioner Plummer: Mr. Garcia, you're digging the hole deeper, and deeper,
and deeper.
Mayor Suarez: Carlos, you've got until October one...
Mr. Garcia: We will...
Mayor Suarez: ...on the existing contract, presumably, right?
Mr. Garcia: Yes, sir.
Mayor Suarez: So there's six days overlap that we may have a hiatus there. I
don't think it's going to kill anybody.
Mr. Garcia: Just understand...
Mayor Suarez: I'm sure they're going to continue working for us in those six
days...
Mr. Garcia: They...
Mayor Suarez: ...in anticipation of winning this.
Mr. Garcia: Right.
127
September 24, 1992
Mayor Suarez: If they do, if they don't, then...
Commissioner Dawkins: Then we'll pay them for the six days that they worked
and...
Mayor Suarez: We'll pay for the six days.
Commissioner Dawkins: ...go on down the road.
Mayor Suarez: All right?
Commissioner Plummer: Don't go away empty handed, Mr. Garcia. May I present
to you on behalf of the United National Bank of Miami, there promise to this
Commission of $1,000 for that which was granted to them. And I'm assuming
you're the party that receives the thousand dollars. You'll see to it a thank
you letter.
Commissioner Dawkins: And it will not go to the fountain... to light up the
fountain.
Commissioner Plummer: Well, you don't light it up. Just keep it running.
That's...
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-584
A MOTION TO CONTINUE TO THE NEXT COMMISSION MEETING
AGENDA ITEM 7 (PROPOSED RESOLUTION TO AUTHORIZE CITY
MANAGER TO EXECUTE AMENDMENT NO. 8 TO AN AGREEMENT
WITH DELOITTE AND TOUCHE, CERTIFIED PUBLIC
ACCOUNTANTS, FOR EXTERNAL AUDITING SERVICES RELATED TO
THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY 192);
FURTHER INSTRUCTING THE MANAGER TO MAKE A
RECOMMENDATION ON HAVING AUDITORS HIRED DIRECTLY BY
THE COMMISSION AND RESPONDING DIRECTLY TO THE
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
128 September 24, 1992
1
Mayor Suarez: Item 8. Ratifying the action of the City Manager...
Mr. Octavio Verdeja: Mr, Mayor...
Commissioner Plummer: My only question on Item 8, Mr. Manager, is...
Mr. Verdeja: Mr. Mayor, can I...
Commissioner Plummer: Hello.
Mr. Verdeja: ...interrupt?
Mayor Suarez: It's going your way so far at least in the sense that...
Mr. Verdeja: No.
Mayor Suarez: ...you're still at bat on October 8th.
Mr. Verdeja: Yeah.
Mayor Suarez: I don't know that you want to take a chance on having it go the
other way and having us, somehow...
Mr. Verdeja: No, no. I'm not going to address that issue. My name is
Octavio Verdeja. I'm one of the firms involved in the audit of the City of
Miami. What I need to know is what are we supposed... I mean, what are
the... You know, the auditors supposed to do...
Mayor Suarez: You're supposed to continue doing your work until September
30th for which you're paid. And from September 30th until October eighth,
you're at risk. But we hope that you continue doing your work.
Mr. Verdeja: No, no. But do you want... What do you want us to do? Do you
want to meet... for us to meet with the audit committee?
Mayor Suarez: I think you ought to meet with Commissioner Dawkins, certainly,
if...
Mr. Verdeja: Commissioner Dawkins?
Commissioner Dawkins: What I want you to do, sir, is to sit tight and wait
until the next meeting and see what kind of decision is made by this
Commission. That's what we need to do.
Mr. Verdeja: OK. So you don't want...
Commissioner Dawkins: No, I don't need to see anybody.
Mr. Verdeja: ...for us to talk with you...
Mayor Suarez: Apparently not.
Mr. Verdeja: ...or anything. OK. Fine.
129 September 24, 1992
Commissioner Dawkins: No, I want to talk with...
Mayor Suarez: But you can work that out between now and the eighth.
Commissioner Dawkins: No. No, sir. I want to talk with him only.
Mr. Verdeja: OK. Fine.
Mayor Suarez: All right.
Commissioner Dawkins: OK.
Mr. Verdeja: That was my point.
Mayor Suarez: OK. And you don't...
26. ACCEPT DONATION: 24 CELLULAR PHONES, BATTERY SAVERS, BATTERY CHARGERS,
EXTRA BATTERIES, ETC. -- FROM CELLULAR ONE CO., FOR THE NET CENTERS.
------------------------------------------------------------------------------
Commissioner Plummer: My question on Item 8, Mr. Manager, is that if this, at
the end of the one year which they have most graciously donated...
Mr. Cesar Odio (City Manager): We'll return them.
Commissioner Plummer: ...that there is no penalty...
Mr. Odio: No.
Commissioner Plummer: ...if, in fact, I move Item 8?
Mr. Odio: No.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Plummer: For the record, this is a total free contribution.
Mr. Odio: Yes. Absolutely.
Commissioner Plummer: It's a nice write-off.
Commissioner Dawkins: All right. Question. Mr. Williams... Mr. Manager,
when this was first brought to me, seeking support, it was 40 cellular phones.
Mr. Odio: How many?
Commissioner Dawkins: Now, it's down to 24. Why?
130 September 24, 1992
5 f t
Mr. Ron Williams (Assistant City Manager): Commissioner Dawkins, the
documentations t have is 24. I didn't know that anybody discussed 40 with
you.
Commissioner Plummer: I never saw 40.
Mr. Odio: We only need 24 really.
Commissioner Dawkins: OK. All right. See, I'm... OK. I'm not saying how
many we need. But it was a...
Commissioner Plummer: I never saw 40.
Commissioner Dawkins: And I don't know. I could be wrong. But it was my
understanding that they made 40 phones available.
Mr. Williams: To my knowledge, it has been, in discussions I've had, is 24,
Commissioner Dawkins.
Mayor Suarez: If you, by an chance, find that there was an offer at one point
of 40, let us know so we can try to figure out a way to use the other 16
and...
Mr. Williams: Certainly will, Mr. Mayor.
Mayor Suarez: All right?
Commissioner Dawkins: Thank you, Mr. Williams.
Mayor Suarez: Thank you.
Commissioner Dawkins: No further questioning.
Mayor Suarez: Call the roll on the item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-585
A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER
IN ACCEPTING THE DONATION OF APPROXIMATELY TWENTY-FOUR
(24) CELLULAR TELEPHONE UNITS, BATTERY SAVERS, BATTERY
CHARGES, EXTRA BATTERIES, VOICE MAIL SERVICE AND
AIRTIME FOR A ONE-YEAR PERIOD, FROM THE CELLULAR ONE
COMPANY, FOR THE NEIGHBORHOOD ENHANCEMENT TEAM (NET)
SERVICE CENTERS, SAID UNITS BEING DONATED TO THE CITY
OF MIAMI NET PROGRAM TO ENHANCE THE EFFICIENCY OF THE
LEVEL OF COMMUNICATIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
131 September 24, 1992
w
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
---------------------------------
NOTE FOR THE RECORD: At this point, agenda item 9 was
withdrawn by Administration.
----------------------------------------------------------
27. BRIEFLY DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF
MT. SINAI MEDICAL CENTER OF GREATER MIAMI, INC. TO FURNISH PHYSICAL
EXAMINATIONS FOR DEPARTMENT OF PERSONNEL MANAGEMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 9. Approving...
Vice Mayor Alonso: No. Nine and ten withdrew.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Eleven is the next one.
Mayor Suarez: Item 11.
Commissioner Plummer: Wait a minute. Why was 10 withdrawn? Mr. Manager?
Vice Mayor Alonso: Companion item to nine.
Commissioner Plummer: OK. The reason I'm asking this, if you're going to
defer it, the questions that were raised by the department on behalf of your
Commission awareness, was in fact, that in this locale that you're
recommending, will they be doing all the examinations or only part of the
examinations? Will it be only for occasional testing or will it be for all
testing, such as pre -employment, random drug testing? All the testing we do
will it be done by this one outfit?
Mr. Cesar Odio (City Manager): Yeah. What...
Commissioner Plummer: And where will it be done? And will all those tests be
done in the one location within the City limits of Miami.
Mr. Odio: The reason it was withdrawn is because...
132 September 24, 1992
Commissioner Plummer: So, when you defer it...
Mr. Odio: OK,
Commissioner Plummer: ...come back with those answers.
Mr. Odio: But it was withdrawn... Ten was withdrawn because of nine.
Commissioner Plummer: OK. I'm just saying...
Mr. Odio: OK. I got you.
Commissioner Plummer: ...those were the questions asked and so...
Mr. Odio: All right.
Commissioner Plummer: ...when you come back with it you'll have the answers.
28. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
DIRECTOR OF FINANCE TO PAY ATTORNEY JOHN J. SPIEGEL (District Court Case
No. 88-412-CIV-RYSKAMP).
Mayor Suarez: Item 11. Director of Finance to pay the attorneys,.
Commissioner Plummer: Mr. Mayor, as you know, I...
Mayor Suarez: I guess we don't have much choice on that.
Commissioner Plummer: I always vote against it when the name of the lawyer is
there. But in this particular case I am asking the question, since I've never
seen it written this way, that says, "in reasonable attorney fees". Who
determined that these were reasonable?
Mayor Suarez: The Court, I think.
Commissioner Plummer: Forty-eight thousand dollars worth.
Mayor Suarez: Yeah, the Court did unfortunately.
A. Quinn Jones III, Esq. (City Attorney): This.. The Court did in this
particular instance, Commissioner Plummer.
Mayor Suarez: Not much we can do about that.
Mr. Jones: They originally requested almost 300... well over $340,000. And,
of course, what we had to do was we had two expert witnesses who testified
before the Court as to what a reasonable attorney's fee would be.
133 September 24, 1992
•
•
Mayor Suarez: Can we just synthesize the answer as the Court made the
decision on reasonable?
Mr. Jones: The Court made the determination.
Commissioner Plummer: And what was this Court case?
Mr. Jones: This was involving a former employee, Mary Meynarez, who had
initially... There were two actions, one in State Court, which she prevailed
in. She was awarded her back pay. And then, of course, she filed a federal
action in which she prevailed as well.
Commissioner Plummer: How much did she get out of the two actions?
Mr. Jones: My recollection was in terms of back pay, I think it was probably
in the neighborhood of seventy, eighty thousand dollars. In the Federal Court
action, I think she received only money for pain and suffering which was a
very minimal amount. I think around seventy-five hundred or eight thousand
dollars and that was the extent of what she received.
Commissioner Plummer: So...
Mr. Jones: In the meantime, you have to be aware that a 1983 claim under
which she premised her federal action provides for attorney's fees for the
prevailing party. And, of course, this is what Judge Ryskamp held a separate
hearing on that, where he reduced their request from three hundred forty to
$128,738.70.
Commissioner Plummer: Isn't it strange that the aggrieved party, and I'm
saying that because she prevailed, got a total for her time and effort of
$86,000 and we paid two attorney's to be whatever, and they got $119,000.
They got $30,000 more than the aggrieved party. And you tell me that's
reasonable fees. Sir, something is wrong. I've heard of attorneys getting 30
percent of the fee, 25, sometimes 40 percent. But when an attorney gets
$30,000 more than the aggrieved party, something is wrong. I'll leave it at
that.
Mayor Suarez: OK. On the item before us, I'll entertain a motion. Or do we
have a motion?
Ms. Hirai: No, sir.
Commissioner Plummer: Mr. Mayor, you'd better defer, because right now you
lose.
Mayor Suarez: All right. Move to defer?
Commissioner Plummer: No, I didn't move to defer, sir. I moved to deny, but
that's not going to prevail either.
Mayor Suarez: I plead with you to defer then so we can at least get a motion.
If not, we'll go on to the next item, in any event.
Commissioner Plummer: Why don't you wait until Miller comes 1-Ack.
134 September 24, 1992
Mayor Suarez: All right.
i
Vice Mayor Alonso: Let's defer the item.
Commissioner Plummer: Fine.
Mayor Suarez: Moved and seconded.
Commissioner Plummer: Fifteen has been withdrawn.
Mayor Suarez: Commissioner Dawkins... I mean, Commissioner Plummer... Vice
Mayor Alonso seconds. Call the roll on the motion to defer.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR ALONSO, ITEM 11 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
29. AUTHORIZE CONTRIBUTION TO YOUTH OF AMERICA ROLE MODELS ACTIVITIES TRIP
(SPONSORED THROUGH MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION).
Mayor Suarez: Item 15.
Commissioner Plummer: That's been withdrawn.
Mayor Suarez: Item 16.
Vice Mayor Alonso: Sixteen.
Commissioner Plummer: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Any discussion? If not, please call the roll.
135
September 24, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-586
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE YOUTH
OF AMERICA ROLE MODELS ACTIVITIES TRIP, SPONSORED
THROUGH THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, AND ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $6,250, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, INDEX CODE 029002-2475 SUCH COSTS
HAVING BEEN APPROVED BY THE CHIEF OF POLICE.
eoe Clerk.)
here and on
file inthe Officof the City Cl
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso,
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
--------------------------------------------------------------------------
30. (A) AUTHORIZE CONTRIBUTION TO YOUTH CRIME AND DRUG PREVENTION SOCCER
LEAGUE.
(B) AUTHORIZE CONTRIBUTION TO ROBBERY TACTICAL DETAIL.
(C) AUTHORIZE FUNDING OF A MOTEL SQUAD.
Mayor Suarez: Item 17.
Commissioner Plummer: Mr. Mayor, we could do 17, 18, 19, all together, if you
wish. I guess we can. They're not ordinances.
Vice Mayor Alonso: OK. Yes.
Mayor Suarez: Absolutely.
Commissioner Plummer: I move all three.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
136 September 24, 1992
--
Commissioner Dawkins: What items?
Mayor Suarez: Seventeen, eighteen, nineteen...
Vice Mayor Alonso: And 19.
Mayor Suarez: ...Law Enforcement Trust Fund allocations.
Commissioner Plummer: Law Enforcement Trust Funds.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 92-587
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE YOUTH
CRIME AND DRUG PREVENTION SOCCER LEAGUE, IN AN AMOUNT
NOT TO EXCEED $83,275; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 69001,
INDEX CODE 290904-996, SUCH COSTS HAVING BEEN APPROVED
BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 92-587.1
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE ROBBERY
TACTICAL DETAIL, IN AN AMOUNT NOT TO EXCEED $34,334;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NO. 69001, INDEX CODE 029002-2479
SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF
POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 92-587.2
A RESOLUTION AUTHORIZING THE FUNDING OF A MOTEL SQUAD
AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $36,564, FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690001, INDEX CODE 290910-722, SUCH COSTS
HAVING BEEN APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolutions were passed
and adopted by the following vote:
137 September 24, 1992
AYES6 Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------------------------------------------
31. (A) AUTHORIZE PURCHASE OF 35 CALL CHECK RECORDERS (UNDER STATE OF
FLORIDA CONTRACT NO. 725-630-90-1) -- FROM DICTAPHONE CORPORATION.
(B) ACCEPT BID: CORE CONCEPTS, INC. -- FOR FURNISHING AND INSTALLATION
OF E-911 CALLER WORKSTATIONS FOR POLICE DEPARTMENT.
(C) ACCEPT BIDS: (a) COMPUTER RESOLUTIONS, AND (b) W.E. COLEMAN AND
ASSOCIATES -- FOR FURNISHING COMPUTER TERMINALS AND PRINTERS TO
POLICE DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Commissioner Plummer: Mr. Mayor, 20, 21, and 22 are all to be approved by the
Manager's suggestion that they be ordered so that we don't lose the money and
be held for reserve of installation until the central dispatch is in order,
I...
Mayor Suarez: Are these all Law Enforcement Trust Fund items, too?
Commissioner Plummer: Yes, sir.
Mayor Suarez: They are.
Commissioner Plummer: No, no. I'm sorry.
Mayor Suarez: I'm sorry.
Vice Mayor Alonso: No, they are not. Police Department.
Mayor Suarez: All right.
Commissioner Plummer: They're from different sources.
Mayor Suarez: They' regular Police Department budget. All right.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes, sir.
Mayor Suarez: And your suggestion is that pending the determination of the
Central Dispatch System, that these not be attached, just bought to get a,
presumably...
138 September 24, 1992
Commissioner Plummer: Bought and brought in. Yes, sir.
Mayor Suarez: All right.
Commissioner Plummer: And then also, because there's a timed date that we
could lose the money, we don't lose the money.
Mayor Suarez: I figured that. Would that...
Vice Mayor Alonso: OK.
Commissioner Plummer: I move 20, 21 and 22.
Vice Mayor Alonso: Second it.
Mayor Suarez: Proviso moved and seconded. Any discussion. If not, please
call the roll.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 92-588
A RESOLUTION AUTHORIZING THE PURCHASE OF 35 CALL CHECK
RECORDERS UNDER EXISTING STATE OF FLORIDA CONTRACT NO.
725-630-90-1 FROM THE DICTAPHONE CORPORATION AT A
PROPOSED AMOUNT OF $84,770.00, FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE E911
SPECIAL REVENUE FUND, PROJECT NO. 506001, ACCOUNT CODE
NO. 420604-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 92-588.1
A RESOLUTION ACCEPTING THE BID OF CORE CONCEPTS, INC.
FOR THE FURNISHING AND INSTALLATION OF E-911 CALLER
WORKSTATIONS FOR THE POLICE DEPARTMENT AT A TOTAL
PROPOSED AMOUNT OF $55,122.00; ALLOCATING FUNDS
THEREFOR FROM E-911 SPECIAL REVENUE FUND, PROJECT NO.
506001, INDEX CODE 420604-850; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
139 September 24, 1992
a
11
RESOLUTION NO. 92-588.2
A RESOLUTION ACCEPTING THE BIDS OF COMPUTER
RESOLUTIONS IN THE AMOUNT OF $12,225.00 AND W. E.
COLEMAN AND ASSOCIATES IN THE AMOUNT OF $950.00 FOR
THE FURNISHING OF COMPUTER TERMINALS AND PRINTERS TO
THE POLICE DEPARTMENT FOR A TOTAL PROPOSED AMOUNT OF
$13,175.00; ALLOCATING FUNDS THEREFOR FROM THE E911
SPECIAL REVENUE FUND, PROJECT NO. 5060019 ACCOUNT NO.
420604-850; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolutions were passed
and adopted by the following vote:
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
32. ACCEPT BID: LAWMEN'S AND SHOOTERS SUPPLY -- FOR FURNISHING AMMUNITION
AND RANGE SUPPLIES TO POLICE DEPARTMENT.
Mayor Suarez: Item 23.
Commissioner Plummer: Mr. Mayor, I move item 23. It's an expensive item but
we've got into it extensively, and in compliance with State Law, unfortunately
we have no other alternative. It makes me continue to wonder what smaller
cities do and how they survive. But if we have no... As you know, I raised
the question of what we were doing with 145,000 rounds of ammunition and
45,000 shotgun shells. But for compliance, and for - what's the word? -
accreditation standards we have to do it. He showed it. He proved it. I
move 23.
Mayor Suarez: All right. So moved.
Vice Mayor Alonso: And hopefully one of these days we'll find a local
company. I second.
Mayor Suarez: Seconded. Any discussion?
140 September 24, 1992
a
Commissioner Plummer: We do have local companies, Madam, that did bid. They
just couldn't make all of the amount...
Vice Mayor Alonso: Well, that's why 1 say...
Mayor Suarez: You would think that just to bid with us...
Vice Mayor Alonso: ...one of these days we'll find one.
Mayor Suarez: You would think that just to bid with us, and the County, and
some other municipalities they would set up a local office, you know.
Commissioner Plummer: Well, Mr. Mayor, this used to be three times this
amount.
Mayor Suarez: Distributorship, if nothing else. All right. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-589
A RESOLUTION ACCEPTING THE BID OF LAWMEN'S AND
SHOOTERS SUPPLY FOR THE FURNISHING OF AMMUNITION AND
RANGE SUPPLIES TO THE POLICE DEPARTMENT ON A CONTRACT
BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL YEAR AT A TOTAL PROPOSED
FIRST YEAR COST OF $18,474.00; ALLOCATING FUNDS
THEREFOR FROM DEPARTMENT OF POLICE FY 1992-93
OPERATING BUDGET, ACCOUNT NO. 290201-703; AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THESE
SUPPLIES AND THEREAFTER TO EXTEND THIS CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: Commissioner Victor De Yurre
Vice Mayor Alonso: That was a sound...
141 September 24, 1992
Mayor Suarez: That's another round of ammunition right there.
Vice Mayor Alonso: Yes.
33. ACCEPT BID: METRO EQUIPMENT SERVICE, INC. -- FOR ENGLEWOOD STORM SEWER
PROJECT PHASE II B-5601.
Mayor Suarez: Item 24. Metro Equipment Service, Inc.
Commissioner Plummer: Mr. Mayor, on Item 24, I'm once again going to lodge my
protest. I think to have $54,000 of expenses in-house is something wrong. In
this particular case it's not as obvious as the one I brought out this morning
which is almost 50 percent. This one is one -fifth. Twenty percent is the in-
house expense on this project and something, somewhere, Mr. Mayor, is wrong
when we're spending this kind of money and we're not doing the work.
Commissioner Dawkins: You're balancing the budget.
Mayor Suarez: You're balancing the budget.
Commissioner Plummer: Well, if that's the case then somebody needs to tell me
that.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Plummer: OK? And I'm saying to...
Commissioner Dawkins: Well, I just told... I just told you, move the item.
Mr. Odio: Yes.
Commissioner Plummer: You're satisfied. I'm not. But I'll go along with it.
Mayor Suarez: All right. Thank you. Moved and seconded. That's close
enough. Any discussion? If not, please call the roll.
Commissioner Plummer: You've got to answer to the voters quicker than I do.
Mayor Suarez: We will take discussion from anyone except Mr. Lee, because
he's just anxious to get on the microphone. No, no. Just kidding. Please
call the roll.
142 September 24, 1992
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-590
A RESOLUTION ACCEPTING THE BID OF METRO EQUIPMENT
SERVICE, INC., IN THE PROPOSED AMOUNT OF $266,590.00,
TOTAL BID OF THE PROPOSAL, FOR ENGLEWOOD STORM SEWER
PROJECT PHASE II, B-5601; ALLOCATING FUNDS THEREFOR
FROM THE FISCAL YEAR 1991-92 CAPITAL IMPROVEMENT
ORDINANCE NO. 10938, PROJECT NO. 352195; IN THE AMOUNT
OF $266,590.00 TO COVER THE CONTRACT COST AND
$54,755.00 TO COVER THE ESTIMATED EXPENSES FOR AN
ESTIMATED TOTAL COST OF $321,345.00; 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 1n the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
34. DISCUSSION WITH REPRESENTATIVES OF LABOR WORLD CONCERNING A VARIANCE
MATTER.
Mayor Suarez: Twenty...
Commissioner Dawkins: Five.
Vice Mayor Alonso: Five.
Mayor Suarez: ...five.
Commissioner Dawkins: Where's the gentleman from...
Commissioner Plummer: Labor World?
Commissioner Dawkins: He was here from this morning but I don't think they're
here now.
143 September 24, 1992
Mayor Suarez: All right. If they..
Vice Mayor Alonso: Yes, they are.
Commissioner Dawkins: Oh, yes they are. Yes they are.
Mayor Suarez: Oh, there they are. There we go.
Commissioner Dawkins: Come on, gentlemen.
Mayor Suarez: Labor World. This is a variance matter? Meaning like a zoning
and planning variance or what kind of variance?
Mr. Alan Kaufman: It's a... I'm Alan Kaufman, 6525 S.W. 134th Drive. This
is a variance for parking and the building in question is just north of
Wynwood and just east of Allapattah, certainly in an economically depressed
area.
Mayor Suarez: Why would you need to reach this Commission...
Mr. Kaufman: The...
Mayor Suarez: ...and not go through whatever the processes are for a
variance?
Mr. Kaufman: Because, Mr. Mayor, there are extenuating circumstances. The
City of Miami wants 16 parking places for the building. The building is built
from line to line in 1920 some odd, and the use of the building now is as a
warehouse. They... Mr. Hermanns, who wants to purchase the building, wants
to put in a company called Labor World, where they hire individuals to do
manual labor...
Commissioner Dawkins: Day laborers.
Mr. Kaufman: ...to do... Yeah. Day laborers.
Mayor Suarez: I guess this is a particularly good time to have companies like
that. But, Joe or Joe... You're both Joe.
Commissioner Plummer: I don't think legally we can do anything here but
maybe...
A. Quinn Jones III, Esq. (City Attorney): You can't.
Mayor Suarez: What... Where is the place that they ought to go to, maybe
with a nice...
Mr. Jones: The zoning board has...
Commissioner Plummer: Excuse me. What we could possibly, only do here, to my
knowledge, is instruct the department...
Mayor Suarez: Right.
144 September 24, 1992
Commissioner Plummer: ...to consider changing the ordinance. Because as the
ordinance is right now, you can't even apply for a variance I don't think.
Mayor Suarez: Supposing we were inclined to accommodate him...
Commissioner Plummer: We can instruct you to start the procedure.
Mayor Suarez: ...what process do they have to follow, Joe?
Commissioner Plummer: Change the ordinance.
Vice Mayor Alonso: They can't apply for the variance, can they?
Mr. Joe Genuardi: Yeah. This is a C-2 district. The building they are
proposing to use is being used as a warehouse use right now. They want to
change it to constitute an office use, which requires more parking. There is
no parking there now. For the use, they anticipate they would need 16 parking
spaces. They have the... They can go for a variance before the zoning board,
for this parking.
Mayor Suarez: What would they need from us? Do we even need to give you any
instructions to treat them particularly nicety or anything?
Mr. Genuardi: No.
Mayor Suarez: Or they should just begin the process and hopefully we will
treat them nicely when they finally...
Mr. Genuardi: We can...
Commissioner Plummer: Accept their check with a smile.
Mr. Genuardi: We can lead them through the process and tell them what they
have to do.
Mayor Suarez: OK. And we'll expedite it if this is something that has to be
done very quickly. And if, at any time, you are somehow bumped from one
Commission meeting, do they ultimately have to reach the Commission on this?
Mr. Genuardi: Not unless...
Mayor Suarez: Only if appealed?
Vice Mayor Alonso: Only if...
Mr. Genuardi: Yes. If it's appealed.
Mayor Suarez: Hopefully, you won't be appealed in that area. You might want
to talk to a few of the neighbors. Make sure that they support this and we
have a neighborhood associations active, and those things kind of help. But
that area, as you have indicated, sir, is one where almost any development
with almost...
Commissioner Dawkins: Improvement, as well.
145 September 24, 1992
Mayor Suarez: ...any variance will be typically supported.
And i don't know
if you're in... Who would be the NET (Neighborhood Enhancement Team) officer
in that area that might give them a hand? Is it...
Mr. Odio: Christina Abrams.
Unidentified Speaker: No, no.
Mr. Odio: No. Where are you?
Commissioner Plummer: She's the Grove.
Unidentified Speaker: Up in Wynwood.
Mr. Odio: Wynwood?
Mr. Genuardi: This is Wynwood.
Unidentified Speaker: Just north of Wynwood.
Mr. Odio: Oh, Luis Carrasquillo. I was thinking of...
Commissioner Dawkins: Wynwood, Wynwood, Wynwood...
Mayor Suarez: Luis Carrasquillo, so if you can pronounce
that you're set.
Just call him Louis.
Mr. Rick Hermanns: Rick Hermanns, 71 N.W. 29th Street. We
began the process
through the variance and they basically told us clearly
that it would be
denied, no matter what, because that's their position.
Mayor Suarez: They told you that?
Mr. Hermanns: Correct.
Vice Mayor Alonso: Why?
Mayor Suarez: They're schmucks.
Mr. Hermanns: Simply because that's what the Code says and so that it was
going to be denied.
Commissioner Plummer: That's the department or the board?
Mr. Hermanns: That's the department.
Commissioner Plummer: They always are negative.
Mr. Odio: We said that?
Mr. Hermanns: Yes.
Mr. Odio: Who did you talk to?
146 September 24, 1992
Commissioner Plummer: They never heard of a word called "flexibility." They
heard only what the book says.
Mr. Hermanns: What I'd also like to add is that the building now is vacant
and already the... Basically, the crack addicts in the area have already
ripped apart the air conditioning. The building's going to go to waste and...
Mayor Suarez: Well, unfortunately, somebody gave you bad advice. Because if
you had begun that process you might be very close to a final approval right
now.
Vice Mayor Alonso: I know, but how in the world, when people apply for a
variance, it's because something has to be changed. So why in the world will
anyone in the Administration inform the public it's going to be denied? How
do they know what the board's going to say? - first of all.
Commissioner Plummer: No.
Vice Mayor Alonso: And second, you go because you need something to be
changed. It doesn't follow exactly what the regulation says. Otherwise, you
would just assume that it's right and you would be granted the permit.
Commissioner Plummer: Madam Commissioner, take it from a three year member
prior of the Zoning Board.
Mr. Odio: Who did you talk to?
Mr. Hermanns: Joe Genuardi.
Mr. Odio: Him? You talked to him?
Mr. Hermanns: No. There was another person as well. He was the other
fellow. He spoke with my staff.
Commissioner Plummer: What he probably asked was what would the Department's
recommendation be and they, without question, would tell him that it was going
to be denied. OK?
Vice Mayor Alonso: But that's different from telling him that it's going to
be denied and don't go through the process. Because it was ill-advised.
There's nothing we can do if he wanted to...
Commissioner Plummer: They simply asked the wrong person, the right question.
Vice Mayor Alonso: Yeah.
Mr. Hermanns: All right. Thank you.
Mayor Suarez: And don't hesitate, sir, both of you, to engage the kind of
help that you have done here in public from the policy makers up here and from
the top level management of the City, if at any time you find the kinds of
impediments that you just described to us. I mean, that's what we're here
for.
147 September 24, 1992
x
Commissioner Plummer: Yeah. But Mr...
Mayor Suarez: Unfortunately we don't get paid a heck of a lot, but we can
check to see why something is not an agenda, or why you got delayed, or you
get charged...
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: ...a certain amount for the variance application. Whatever, to
try to expedite it. OK?
Mr. Hermanns: Very good. Thank you.
Commissioner Plummer: Let me, please... Caution on the record, sir. Don't
walk away from here thinking that you're absolutely, automatically, going to
get what you want. There are extenuating circumstances. There are usually
two sides to a story. I think this Commission, in that particular area, would
bend over backwards to help you and to assist you. But there is no absolute
guarantee as you walk out that door, that what you're seeking you're going to
get. OK? I want that on the record.
Mr. Hermanns: Thank you.
----------------------------------------------------------
NOTE FOR THE RECORD: Commissioner De Yurre entered the
meeting at 4 p.m.
----------------------------------------------------------
------------------------------------------------------------------------------
35. DISCUSSION WITH REPRESENTATIVES OF RAPID TRANSIT FACTORY OUTLET II INC.
CONCERNING CIRCUIT COURT CASE NO. 91-48123 (CA 12).
------------------------------------------------------------------------------
Mayor Suarez: All rightee. And then 28 is the only one that's...
Vice Mayor Alonso: It's the only one that is pending.
Mayor Suarez: Rapid Transit Factory Outlet.
Commissioner Plummer: No, we did 29 also, Mr. Mayor.
Mayor Suarez: Right.
Vice Mayor Alonso: Yes, he knows.
Mayor Suarez: So, 28 is then...
Commissioner Dawkins: Here they are, Mr. Mayor.
Mayor Suarez: Yes, sir.
148 September 24, 1992
i
4>
Mr. Craig Sherar: Good afternoon. My name is Craig Sherar, 2780 Douglas
Road. I'm the attorney for Rapid Transit. The reason we're before the
Commission is we have filed a lawsuit against the City for breach of contract
and negligence arising out of the riots which occurred at Rapid Transit
Factory II Outlet, in 1990. During the process, motions to dismiss our
complaint, the judge, Judge Henderson, said that it was necessary for us to
come forth Commission, and put to the Commission, whether or nor the
Commission wanted to ratify the actions of the Chief of Police. Specifically,
there were negotiations with Chief Anderson during the time of the riots as to
whether or not Rapid Transit would close its doors. During those discussions,
Chief Anderson stated that if Rapid Transit would close its doors that the
City would reimburse Rapid Transit for all of the damage which was caused to
it during the period of time that it was closed down. Subsequent thereto we
made a notice to the City Attorney's office that we would file a claim against
the City for, what we consider was a breach of contract, for the damage that
occurred at the store while it was closed down. That was denied. We filed a
lawsuit. There is law which says that if the City Commission ratifies, after
the fact, a contract, that it would be a valid contract. So the judge said,
"Take it before the City Commission. See if they want to ratify it or not and
then we'll know whether or not we have a legal issue."
Mayor Suarez: Legal implications from our perspective?
A. Quinn Jones III, Esq. (City Attorney): Let me respond, first of all...
There are two claims as he's indicated, supposedly, an alleged oral contract
where former Chief Anderson agreed to pay them "X" amount of dollars,
whatever. That not been substantiated nor have we been able to substantiate
it. Secondly, one of their claims has to do with negligence in terms of how
the policeman, the police force, was deployed. I'm of the opinion that that
is the type of decision that the Doctrine of Sovereign Immunity protects, for
which there is no liability on the City's part. To this date, according to my
assistant who has been handling this case, we've attempted, or there's been an
attempt by my office to substantiate what's been claimed in terms of damages.
To this date there has been no substantiation of the damages they're claiming.
Moreover, I'd have to tell you that the case law - and there are two cases
that deal with these types of situations, damages that are suffered as a
result of a civil disturbance, or whatever - and both of those cases stand for
the proposition that a municipality is not liable. Certainly, I am not in a
position to recommend settlement of this case. But certainly, it's your
decision, if you wish to entertain that.
Mr. Sherar: Just to clear up one point. The only thing that the Judge asked
us to come before the Commission on, was the issue on the contract, not on
whether or not there was a claim of en torte for the actions of the police
officer and that's... I mean, I can argue either one of them but that's
legally what we're here on today. As far as substantiating what happened, I
was present during the conversations with Chief Anderson. I knew what he
said. It was quite clear what he said. He said, "If the store closes the
City will reimburse you for closing the store." He had a decision to make at
that time. He had a mob out on the streets. He could do absolutely nothing,
which he is entitled to do and as police discretionary powers, or he could try
and control the mob. One of the ways he could have tried to control the mob
is the way they eventually ended the riots, which was send the police in and
break it up. He chose to go an alternative route, which was a peaceful route,
149 September 24, 1992
which was, if we close the store down for a few days, maybe the crowd will
disperse, if they disperse and they don't come back when the store opens up
that's the end of it. Yet police officers that were on duty... a lot of
other police officers were from other agencies, were there. It was costing
the City a lot of money. Based upon the Chief's representation that the store
would be paid for its damages, as a result of closing down, we elected to
close down. As far as the damages go, we have submitted to the City, and t
have copies of... or summaries of what we have submitted to the City, as to
what the gross sales were at the store in the year prior to this incident and
the year after this incident. And if the Commission wants I can present those
to it now.
Commissioner Plummer: What is your request? What is the amount...
Mr. Sherar: Well, the initial request would be that the City ratify the...
Commissioner Plummer: No, sir. What is the amount of your request?
Mr. Sherar: Twelve thousand dollars.
Commissioner Plummer: And you were closed for two days?
Mr. Sherar: Four days?
Mr. Luis Reyes: It's a little more. Four days.
Mr. Sherar: Four days.
Commissioner Plummer: Four days?
Mr. Sherar: Four days. The reduction in sales in June from one year to
the... I mean, excuse me, in July, which was the majority of the time they
were closed down, there was a $10,000 difference in the sales. And, if you
look at the sales figures during 1990, prior to the disturbance, which the
first clear month we would get would be May, the sales every month were higher
than they were in the previous year.
Mr. Jones: He recovered from his insurance company.
Commissioner Plummer: I know.
Mr. Jones: You should know that.
Mr. Sherar: The disturbance happened and there was an immediate reduction.
Now, you know, reasonable people...
Mayor Suarez: What's the address of the store?
Commissioner Plummer: Seventy-ninth Street shopping center.
Mr. Reyes: 8030 N.E. 5th Avenue.
Mayor Suarez: If you had that... As Commissioner De Yurre is suggesting, if
you had that loss in sales what would have been the profit to you from that?
Wouldn't it have been 10 or 20 percent of that amount?
150 September 24, 1992
of
Can you repeat,
Mr. Reyes: I didn't quite understand the question, Mayor.
please?
Mayor Suarez: If you lost ten or twelve thousand dollars in sales, wouldn't
your profit be about 20 percent of that?
Mr. Reyes: It would be more than that, than 20 percent. Yeah.
Mayor Suarez: You've got more than twenty...
Commissioner De Yurre: How much is your profit?
Commissioner Dawkins: He said 25 percent.
Mr. Reyes: It would be more than 50 percent.
Commissioner De Yurre: Fifty percent! What kind of business are you in?
Commissioner Plummer: Fifty percent profit!
Mr. Reyes: It's a clothing business, gentlemen.
Commissioner De Yurre: Clothing business! No...
Mayor Suarez: I guess that's a bit of a trade secret. In any event, sir, the
problem is obviously, we'd love to make you whole. You know, we'd love to be
able to compensate you, but the precedent we'd be establishing is just
impossible to deal with. One possibility is to refer you to any of the loan
programs that we have in the City which, you know, entitle you to possibly get
a very low interest loan which ends up being almost like a direct grant, if
you think about some of them. I mean, you're in the right location certainly,
and you presumably have an ongoing business still there?
Mr. Sherar: It's been closed out. Because of what happened they had to
close... go out of business.
Mayor Suarez: And the other one, of course, would be that the Court would
rule in your favor which we, I guess, have to fight that.
Commissioner Plummer: Did you have any loss of revenue insurance?
Mr. Reyes: No, we didn't.
Mr. Sherar: No.
Commissioner Plummer: None whatsoever.
Commissioner De Yurre: Did you have any insurance?
Mr. Reyes: What type of insurance?
Commissioner De Yurre: Any?
151 September 24, 1992
Mayor Suarez: Business interruption insurance.
Mr. Reyes: No. No business interruption insurance.
Mr. Sherar: As far as the precedent... The precedent which would be set by
this... The precedent is that the Chief of Police made a decision to try and
solve a situation...
Mr. Cesar Odio (City Manager): Excuse me, sir. I have heard this now three
times. That is not accurate. The Chief of Police did not make that statement
and none of the City of Miami officials made that statement. And I was there,
Commissioner Plummer was there, and you had a policeman sitting inside your
store at all... from the very first minute, to protect your property. And
the Chief of Police never made that statement...
Mr. Sherar: Mr...
Mr. Odio: ...and never made you any promises. And, for the record, too, he
cannot bind the City of Miami, period.
Mr. Sherar: Mr. Odio, you nor Commissioner Plummer - especially you, unless
you were listening through a wire tap - was not present at a meeting Monday
night, at the City...
Mr. Odio: I didn't say I was present at the meeting. I'm telling...
Mr. Sherar: At the... No, you said that you were present during those
discussions.
Mr. Odio: I was present there from the very first minute and I...
Mr. Sherar: These discussions took place at the Police Department's office.
Mayor Suarez: But that would be the kind of thing you'd have to prove in
Court. I don't know that...
Mr. Odio: In other words, I'm telling you again, that the Chief of Police
would not have any rights to bind the City to any agreement. He doesn't have
that right.
Mr. Sherar: Well, then you ought to tell your Chief of Police, stop making
promises he has no intentions of keeping.
Mr. Odio: And he claims... Then we'll have to see you in Court where...
Mr. Sherar: For a Chief of Police to make a decision that he's going to
control a riot by lying to somebody...
Mayor Suarez: Wait, folks. Folks, folks, hey wait.
Mr. Sherar: ...is not the way it should be done.
Mayor Suarez: Wait, Counselor. You know, we're not having a legal argument
here on this and, Mr. Manager, please, the binding or not binding nature of
152 September 24, 1992
any promises made by the Chief of Police to the City of Miami, if in fact they
were made, is something that would have to be decided in another forum. I
don't know if we can do much else with this case. Again, it has a precedent
setting implication. I appreciate the judge deferring to our judgment.
Probably he just wanted us to, hopefully, to write a check so that we can...
so that he'd get one less case on his docket but I don't know. Unless any
Commissioner has any ideas or Mr. City Attorney, I... Certainly, we deny, as
the Manager is saying, we deny that our Chief made that representation and...
Mr. Jones: And now with the...
Mayor Suarez: ...that's our position and if, by any chance, he would have
made it or given that impression we deny that we're bound by it, although
that's a tittle tougher point to prove legally.
Commissioner Plummer: Well, I think, for the record... Listen, put it and
establish it very well on the record. I'm assuming in the Court case, the
Chief denies, or the record reflects the Chief did not have a recollection or
denies making the statements. Is that the case?
Mr. Sherar: Well, there have been no depositions taken. There have been
no... The City has not filed a responsive pleading. It has not answered as
far as the denial. The only thing we have is a newspaper article where his
recollection is that the meeting was fuzzy.
Mr. Jones: There was a motion to dismiss that was pending. I think he's
absolutely right that no responsive pleading has been tendered where that
allegation has been addressed. But then, even... Excuse me...
Mayor Suarez: Which means the case 1s just beginning.
Mr. Jones: It's just beginning.
Mayor Suarez: Right.
Mr. Jones: Irrespective of that, there's just no basis for it in the record.
It's a bold allegation that he made that promise and certainly, again, that's
something that the City cannot ratify, an oral contract which has been alleged
to have been made by Chief Anderson. The Doctrine of Sovereign Immunity
absolves you from any responsibility in that regard.
Mr. Sherar: Like I said, the Judge said that we had to present this to the
Commission. If the Commission wanted to ratify it, after the fact, it could
do it. If it doesn't want to then we get to proceed with the case. So...
Mayor Suarez: I don't think so.
Mr. Sherar: OK. Thank you for your time.
Mayor Suarez: All right. Thank you. Do we need to make anything formal to
help you to continue the case? Or is it evident that we're not going to...
Mr. Sherar: Well, I think... To be absolutely clear for the Judge, if the
Commission would vote on it. That way I won't be faced with a judge that
153 September 24, 1992
i
says, "Well, the Commission didn't vote on it so now you've got to go back and
ask them to vote on it."
Mayor Suarez: Let me... I think, on behalf of this Commission, rather than
call for a vote, just say, I think the consensus of this Commission is clear,
that we're not in a position to compensate your client and that would set a
dangerous precedent, et cetera, for all the reasons that have been stated.
Commissioner Plummer: Well, I think also, no action is the same as a denial.
Mayor Suarez: Right. And he might.
Mr. Sherar: Well, I'm not the judge, but I'll advise him. We'll..
Mayor Suarez: OK. Tell him basically that that's the way we work.
36. PRESENTATION: MAYOR SUAREZ RECOGNIZES STAFF SERGEANT LEONARD EDWARDS,
SERGEANT NASH, AND SPECIALIST JACK RICHARDSON IN CONNECTION WITH
ASSISTANCE IN SOUTH DADE DURING AFTERMATH OF HURRICANE ANDREW --
SERGEANT EDWARDS PRESENTS GIFT TO COMMISSIONER VICTOR DE YURRE IN THE
NAME OF THE FLORIDA NATIONAL GUARD AND BATTALION COMMANDER LIEUTENANT -
COLONEL CONNER FOR HIS ASSISTANCE FOLLOWING THE HURRICANE.
------------------------------------------------------------------------------
Mayor Suarez: We've got item 39 coming up. Before that, I think there's a
surprise appearance here that we can certainly get to and from the 166th Field
Artillery?
Mr. Leonard N. Edwards: Third of the 116th, Mr. Mayor.
Mayor Suarez: I'm sorry.
Mr. Edwards: Third of the 116th.
Mayor Suarez: OK. Maybe you can tell us what the exact number of it is.
Staff Sergeant Leonard Edwards, and Sergeant Arthur Nash, Specialist Jack
Richardson. I don't know if I said all those titles correctly. Welcome here.
I gather you've been involved in the effort to improve situations in South
Dade subsequent to Hurricane Andrew.
Mr. Edwards: We've been trying. Looks like we got here just in time.
Mayor Suarez: All right, sir.
Mr. Edwards: We would like to present a small gift to...
Mayor Suarez: You might just get a little closer to the mike.
Mr. Edwards: We would like to present a gift to one of your Commissioners.
154 September 24, 1992
Commissioner Plummer: Can't accept it, sir. It's over $25.00. Oh, it's
used.
Mayor Suarei: Go ahead. Don't...
Commissioner Plummer: It's used. I'm sorry.
Mayor Suarez: The first rule here: don't listen too much to the guy on the
left here. Sarge, don't...
Mr. Edwards: I should have known better than this. We'd like to present a
small gift to one of your fellow Commissioners. Would Commissioner Victor De -
Yurre please stand?
Commissioner De Yurre: I am standing.
Commissioner Plummer: He is standing.
Mr. Edwards: Everybody's a cutup.
Commissioner Plummer: Like the gift, you have to pump it up.
Commissioner De Yurre: And I like the ones you got on the side.
Mr. Edwards: OK. In the name of the Florida National Guard and Battalion
Commander, my Battalion Commander, Lieutenant -Colonel Conner, we present you
with this gift for your cooperation and your assistance in helping during the
aftermath of the crisis of Hurricane Andrew. Your assistance was indeed a
humanitarian effort which should be noted. We would like to thank you for
giving us this moment to present this little token of our gratitude.
Commissioner Dawkins: Isn't it amazing? We have a man who would stand up in
front of a rifle and fire back and not be nervous and he's standing in front
of a microphone and goes to pieces.
Commissioner Plummer: Stand up, Victor.
Commissioner De Yurre: I swear I am.
Commissioner Plummer: Get him a soapbox. Wait, wait. Victor, stand up on
that.
Commissioner De Yurre: I don't want to play basketball.
Mayor Suarez: Thank you.
Commissioner De Yurre: Thank you very much.
Commissioner Dawkins: Thank you, gentlemen.
Commissioner De Yurre: ...giving me a hard time. Thank you, guys.
Mayor Suarez: My God! Too bad you couldn't bring five of those.
155 September 24, 1992
•
•
.a11Y Yi i�lYW-1�Y.La.�lY ii r-iiili—i(Y--YU.Y�YY-------IYi------------------------------------------
37. BRIEF DISCUSSION AND CONGRATULATIONS TO CITY ATTORNEY FOR THE CITY
HAVING PREVAILED BEFORE THE APPELLANT COURT IN CONNECTION WITH THE
COURT'S APPROVAL OF CHARTER AMENDMENT NO. 1 (HAVING A MEMBER OF THE
COMMISSION AS CHAIRMAN OF THE OFF-STREET PARKING BOARD).
Mayor Suarez: One other item of an information nature... might, or might
not, elicit any discussion from this Commission or comment. Congratulations
to the City Attorney. You might have thought that we had lost the battle of
the Off -Street Parking.
Vice Mayor Alonso: Oh, yes.
Mayor Suarez: We have a momentary, perhaps a permanent victory, the Third
District Court of Appeals has ruled in favor of the resolution that will go on
the ballot, October 1st, will it be?
A. Quinn Jones III, Esq. (City Attorney): I'm sorry?
Vice Mayor Alonso: November.
Mayor Suarez: Is it November?
Mr. Jones: November 3rd.
Mayor Suarez: November the third, on the issue of having one of our own
members as chairman of that authority. And the appellate court, I have to
say...
Commissioner Plummer: Yeah. ...sue the people that did your bad work?
Unidentified Speaker: No.
Commissioner Plummer: Why not?
Mayor Suarez: ...made a fairly strong statement that none of the standards by
which some... that an election duly determined by the legislative body, which
is the City of Miami Commission in this case... have been met, by which the
Court should have, in any way, cancelled that election...
Commissioner Plummer: Well, that... Yeah.
Vice Mayor Alonso: The Off -Street...
Mayor Suarez: Maybe there should be an admonition to our good friend, Judge
Ungaro in all this that you don't dismiss our action so easily and the
appellate court ruled that on a unanimous basis? Is that what procuring
means?
Mr. Jones: Yes, three judge panel and Mr...
156 September 24, 1992
Mayor Suarez: and, as always, Judge good old...
Mr. Jones: Chief Judge Schwartz, Judge Ferguson and Judge Gersten.
Commissioner Plummer: A non -final order.
Mr. Jones: Mr. Mayor, I'd just like to...
38. CITY COMMISSION EXPRESSES ITS GRATITUDE TO THE FLORIDA LEAGUE OF CITIES
FOR THEIR INVALUABLE ASSISTANCE IN SERVING AS COORDINATOR WITH CITY
MANAGER IN THE AFTERMATH OF HURRICANE ANDREW -- SPECIAL RECOGNITION OF
ANNE STERLING'S ASSISTANCE.
------------------------------------------------------------------------------
Commissioner Plummer: Wait, may I... In light of them giving the light to
Victor, Mr. Mayor, I would like a resolution of this Commission that during
the hurricane, the Florida League of Cities served as a coordinator for the
cities throughout the State of Florida who assisted in sending supplies to
this community. And, in particular, Anne Sterling, in my staff, worked with
the Florida League. We were receiving calls here from Plant City, from Tampa,
from all cities all over the State of Florida, wanting to know what they could
do. So, we asked the Florida League of Cities to act as a coordinator with
the Manager and I would like, at this time, a resolution from this Commission
thanking the Florida League of Cities for their help during the hurricane
emergency and I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
157 September 24, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-591
A RESOLUTION, ON BEHALF OF THE CITIZENS OF THE CITY OF
MIAMI, FLORIDA, EXPRESSING GRATITUDE AND APPRECIATION
TO THE FLORIDA LEAGUE OF CITIES FOR ITS INVALUABLE
ASSISTANCE IN SERVING AS COORDINANTOR, ALONG WITH THE
CITY MANAGER, FOR THE DISTRIBUTION OF DONATED SUPPLIES
FROM CITIES THROUGHOUT THE STATE OF FLORIDA DURING THE
AFTERMATH OF HURRICANE ANDREW; FURTHER RECOGNIZIG ANNE
STERLING, ADMINISTRATIVE ASSISTANT TO COMMISSIONER
J.L. PLUMMER, JR., FOR HER EXEMPLARY WORK AND
DEDICATION IN ASSISTING THE FLORIDA LEAGUE OF CITIES
TO ACCOMPLISH SAID EFFORTS; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
39. PERSONAL APPEARANCE: MR. TORU MINAMIp PRESENTS CITY WITH CHECK FROM
SISTER CITY KAGOSHIMA AS CONTRIBUTION TO ASSIST WITH AFTERMATH OF
HURRICANE ANDREW.
Mayor Suarez: Item...
Commissioner Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: ...before we get to the item, a special privilege. We
have our good friends from Kagoshima visiting. Would you come to the mike?
OK. These are the people who were so gracious to us when we were in
Kagoshima, the Mayor and I, and this was the translator, so he's here...
158 September 24, 1992
•
11
Comissioner De Yurre: A check for how much?
Commissioner Dawkins: Go right ahead. Say whatever you have to say. Oh, you
don't want to say anything?
Commissioner De Yurre: Speak English.
Mr. Toru Minami: Well, ladies and gentlemen, I feel terribly sorry about the
hurricane and I decided to come here to write about a little bit of a journal,
as an essay, and to report my city, which is your city, sister city, in
Kagoshima, the southern part of Japan. And we had the bad news of a hurricane
In the newspapers and through the media and I decided to come here to see how
bad the hurricane was and what we can do to assist and help the people here.
And I'm going to write the articles and reports and all this. Since myself
and Mr. Dawkins and Mayors, I believe that they are very good friends of mine
and ours, and I decided to come here. And I arrived here today. Well, thank
you very much and I sure appreciate the opportunity that you gave us to make
this wonderful effort to come here. Thank you.
Commissioner Dawkins: OK. And thank the Mayor, too, for us.
Mayor Suarez: Mr. Minami, as long as you are in town, it's a very inexpensive
process to change your name, just take one letter out and you've got Miami.
So, it works out very, very well for you, sir.
Commissioner Plummer: That's Miama..
Mayor Suarez: He calls it Miama. We don't know what exact...
Commissioner Plummer: Tourist.
Mayor Suarez: ...mental impediment is creating that.
Commissioner Plummer: Tourist.
40. SELECT GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL AS BOND COUNSEL,
IN CONJUNCTION WITH JESSE McCRARY, ESQ. AS CO -COUNSEL.
Mayor Suarez: Ladies and gentlemen, we have Item 39, I think, is the only
other one we can handle before 4:55, unless I'm mistaken.
Commissioner Plummer: Item 39 is just a discussion, correct?
Mr. Cesar Odio (City Manager): Yes. Yes.
Mayor Suarez: Engagement of bond counsel. Did we suggest a process where you
would try...
A. Quinn Jones III, Esq. (City Attorney): Commissioner....
159 September 24, 1992
Mayor Suarez: ...to get the cheapest, best...
Mr. Jones: Commissioner, it's... The instructions were to enter into
competitive negotiations for the $90,000,000 issuance. And while it's on the
agenda for... Excuse me... for discussion purpose...
Mayor Suarez: You're not ready for the...
Mr. Jones: No. You need to make a... a man of position on the Commission is
in a position...
Commissioner Plummer: One of us?
Mr. Jones: ...to choose counsel for the $90,000,000 issuance. We received
sealed bids for that proposal. What I have further proposed is for the
meeting of October 8th, to bring back for your approval, a new rotational
list...
Mayor Suarez: What do we do with this? Just find the cheapest...
Mr. Jones: Those are... Those are copies of the proposals and there should
be a copy of the proposed amount to do the $90,000,000 issuance.
Commissioner Plummer: Well...
Mayor Suarez: What is the cheapest? Least expensive?
Mr. Jones: The least...
Commissioner Plummer: We don't have any cheap, some more reasonable than
others.
Mr. Jones: The least...
Mayor Suarez: We defer to you on this.
Mr. Jones: OK.
Mayor Suarez: And we appreciate all these bulky materials...
Mr. Jones: OK.
Mayor Suarez: ...but we think your offices are duly suited to handle all
these and not ours. What is the bottom line?
Mr. Jones: You had seven firms responding.
Mayor Suarez: Do you want to take yours back?
Mr. Jones: The cheapest was Greenberg Traurig at $20,000. Greenberg Traurig
in conjunction with Jesse McCrary as co -bond counsel for $20,000. Fine
Jacobson came in with Alonso Posh at twenty-seven, five. Squire Sanders -
$30,000. Morgan Lewis - $36,000. Holland and Knight with Kubicki Draper -
160 September 24, 1992
$390000, Baker and McKenzie, the way we calculated - they didn't give a
specific dollar amount, they only indicated they would charge $1.45, I think,
per thousand, which works out roughly to somewhere over $70jOOO. And, of
course, Barnes Darby came in at $496000.
Mayor Suarez: What's the lowest?
Mr. Jones: Greenberg Traurig at $20,000.
Commissioner Plummer: How many did we have... How many firms did we have
before?
Mr. Jones: On the rotational list?
Commissioner Plummer: Yeah.
Mr. Jones: We had, I think, it was five.
Commissioner Plummer: Was it five?
Mr. Jones: Five firms.
Commissioner Plummer: OK. And you've had seven now.
Mr. Jones: Yeah.
Commissioner Plummer: OK. Would you give me... If you said Greenberg
Traurig was the lowest at twenty?
Mr. Jones: Yes.
Commissioner Plummer: OK. And number five, what was his number?
Mr. Jones: Number five? One, two, three, four, five.
Commissioner Plummer: What was his cost? I'm not talking about firms six and
seven, basically I would assume, somewhat are out.
Mr. Jones: Five was $39,000.
Commissioner Plummer: Thirty-nine thousand? Now, is there any reasonableness
to assume, we want rotation, we don't want fingers pointed, but do we need to
pay a difference of $19,000 between firms, to have five in number? Do you
understand my question?
Mr. Jones: Yeah. I understand what you're saying.
Commissioner Plummer: Is it reasonable to say to firms two, three, four, and
five that if you want to do business with the City, you've got to be
competitive with the lowest bid?
Mr. Jones: Yeah. Well, included within the proposals, Commissioner... Or
should I say the proposals contain information relative to what these firms
would charge on future bond issuances. And certainly, we have room for
161 September 24, 1992
negotiation there. I can tell you that in the process of reviewing the firm
profiles, which of course includes the members of the firm who would be
handling this work, and of course the experience in issues that they've
handled, the firms that have submitted proposals I would submit to you are all
equally qualified and would be included on the rotation list. But it would be
a manner of negotiating with them and we're in a strong position to do that as
to the price for the issuance.
Mayor Suarez: God, that's a long answer to the question.
Commissioner Dawkins: No. Is there... All J.L. is saying is the same thing
that my vote will say, and I hope other votes up here will say, the lowest bid
came in at $20,000. If the rest... the six of you want to do business, you
can have one for $20,000. If you don't want it, we can give them all to the
man for $20,000.
Mayor Suarez: For that...
Commissioner Plummer: Well...
Mayor Suarez: For that amount of bond issue.
Commissioner Dawkins: Is that legal?
Mr. Jones: Well, keep in mind that this amount...
Commissioner Dawkins: Is that legal?
Mr. Jones: Wait a minute.
Commissioner Plummer: Of course it is.
Commissioner Dawkins: Is that legal?
Mr. Jones: What I'm telling you Commissioner...
Commissioner Dawkins: No, sir. Mr. City Attorney, is that legal?
Mr. Jones: Is what legal, Commissioner?
Commissioner Dawkins: Is that legal? For me to say that I have $90,000 worth
of bonds to be sold...
Mr. Jones: Ninety million.
Commissioner Dawkins: Ninety million.
Mr. Jones: Um-hmm.
Commissioner Dawkins: Now, the lowest bid that came in was on twenty... It
was $20 dollars, for whatever... ...if it was $10,000,000. Now, the rest of
you, if you want to do this bond work, you must meet the lowest man's bid or
you will not... we'll give it all to him. Is that legal?
162 September 24, 1992
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•
Mr. Jones: No.
Commissioner Dawkins: Why?
Mr. Jones: Because this was scaled...
Commissioner Dawkins: All right. Throw it all out and start over.
Mr. Jones: No.
Mayor Suarez: No, no, wait. We did a good job on this one.
Commissioner Dawkins: Throw it all and start over.
Mr. Jones: No. This was...
Mayor Suarez: All right. Let me clarify something for my colleagues, Mr.
City Attorney. We happen to be in one of those states, folks, where we, for
the first time today, that I'm aware of, any local municipality can take
advantage of the fact that in our state a judge has to approve the bond
counsel's opinion as to public purpose, et cetera. We are privileged to be in
a state where we can really force people to go way down in their bond counsel
fees, because they don't have nearly as much exposure as they do in other
states, and they don't have to do nearly as much work, and it's not nearly as
creative. Is that a fair statement?
Mr. Jones: That's a fair statement.
Mayor Suarez: We've got them down to $20,000 here and it's a big firm, and
I'm sure they're going to absorb some costs, and maybe there's some other,
sort of, grab the market and later figure out how to cover your costs aspect
to this. But, we can continue doing this and save a lot of money.
Commissioner Plummer: Continue doing what?
Mayor Suarez: This is the first time that we're doing it on a totally
competitive basis.
Mr. Jones: Yeah.
Mayor Suarez: We have never asked him to bring back to us, from among the
firms... Instead of just doing a rotation, whose qualified, or how much you
charge per hour, or any of that jazz, we've said, "Give us the bottom line,
lowest figure...
Mr. Jones: Well...
Commissioner Plummer: OK.
Mayor Suarez: ...that you're willing to do this bond on."
Commissioner Plummer: That's fine.
Mayor Suarez: And we've got an incredibly low bid right here.
163 September 24, 1992
Commissioner Plummer: But what is...
Mr. Jones: Do you realize that there are two distinct issues here. One was
for... was tailored specifically for the $90,000,000 issuance.
Mayor Suarez: Right.
Mr. Jones: And secondly, their proposals that were sent in terms of dealing
with future bond issuances and what their sliding scale of sorts would be, in
terms of what they would charge for the issuances. So, that's the whole
purpose of coming back with you with the new rotational list and, certainly...
Mayor Suarez: But as to this bond issue...
Mr. Jones: As to this $90,000,000 issuance...
Mayor Suarez: We... This is the first time that I'm aware of that we...
Mr. Jones: That's correct.
Mayor Suarez: ...on a sealed basis, without them knowing what everybody else
is offering, are asking them to give us a bottom line, total figure on what
they'll do the bond issue for.
Mr. Jones: That's correct. That's to the best of my knowledge.
Mayor Suarez: And, all of a sudden, they have realized that there's one firm,
in this particular case, that 1s willing to come in extremely low. We should
be extremely happy and see if we can figure out a way to do that in other bond
issues. I'm not sure that we can do it for all of them because some may be
unique, and complex, etcetera. But, this is great news. I mean, $20,000,
nobody's every come that low on a... It's a $90,000,000 bond issue?
Mr. Jones: Yeah.
Mayor Suarez: Wow! This is almost like if we did it ourselves. That's how
cheap it's come in. And it's not a fly by night firm. It's a well known
firm. What did we say? It had 16 of the best attorneys in...
Mr. Jones: You're saving about $100,000.
Mayor Suarez: Saving about $100,000. Mr. Tanfani, do you think maybe you
could work that into a...
Commissioner Plummer: Well, can I ask a question and see if I understand? Is
this what we're discussing here for the single bond issue and not the future
rotation?
Mr. Jones: Right. For the single issuance, the single $90,000,000 issuance.
Commissioner Plummer: Oh, OK. All right.
164 September 24, 1992
Mayor Suarez: But we can do the same thing and I think Commissioner Dawkins
is saying, and you're saying, for future issues why don't we also push people
to these kinds of low bids, as opposed to, you know, this rotation and
negotiated...
Mr. Jones: Well, certainly. That's the whole point. If you want to do it
that way, then there's no need to go to a rotational list. You could do it...
Mayor Suarez: The answer to Commissioner Dawkins 1s we could do it one of two
ways. You can either do totally sealed bidding, like this, once a particular
issue has been... the parameters have been decided. Or, if we want to rotate
some, we can give you, with these parameters in mind, the ability to negotiate
on a rotational basis, but always keep in mind that in this particular case
somebody's doing a $90,000,000 bond issue for $20,000. Now, some bond issues
may be a little more complicated, may be unique...
Commissioner Plummer: What was this bond issue for?
Mr. Jones: It's a refinancing.
Mayor Suarez: This is a refinancing of our entire G.O. Bond (General
Obligation Bond) debt, I think. Our entire General Obligation...
Commissioner Plummer: And what do...
Mayor Suarez: So, we could use those parameters in the rotational thing and
force them down to...
Commissioner Plummer: What do we anticipate saving by refinancing?
Commissioner Dawkins: That's all I'm saying.
Mayor Suarez: Yeah. That's a great concept.
Commissioner Plummer: Mr. Garcia, what do we anticipate our savings will be
by refinancing our bonds?
Mr. Carlos Garcia: Commissioner, originally we anticipated a million four. I
told you in the last meeting that those savings are no longer there. What we
would like to do is get your approval, which we already have, and be ready to
go to market with a proviso that we will not sell the bonds unless we have a
savings of at least $1,000,000.
Mayor Suarez: In the interest rates...
Mr. Garcia: Net savings, after all the costs have been deducted. Yes, sir.
Commissioner Plummer: It's still going down.
Mayor Suarez: Yeah. And we had contemplated, in this particular case, for
bond counsel to be about a hundred thousand you said, or a hundred twenty?
Mr. Jones: It would have been at least that amount, I think.
165 September 24, 1992
Commissioner Mummer: So, in other words, if we give you firm A, O, C, and we
don't anticipate a realization of a million dollars, there's no engagement of
any firm. _
Mr. Cesar Odio (City Manager): No.
Commissioner Plummer! Is that correct?
Mr. Odio: Yes.
Mayor Suarez: Yeah. That's the other proviso here, that we don't go out
unless we have a substantial savings of... And you used the parameter of a
million.
Commissioner Plummer: I have no choice but to recommend the firm that is the
lowest price, who is qualified, that they be engaged if and at such time as
there can be in excess of $1,000,000 savings to this City.
Mayor Suarez: You've got it.
Commissioner Plummer: That's it. That's...
Mayor Suarez: So moved.
Commissioner Plummer: Whatever...
Mayor Suarez: Why was it listed here only as a discussion item if we're
supposed to vote? Because you weren't too sure we'd get to this point?
Mr. Jones: That's part of the reason.
Commissioner Plummer: You see, I was confused. I thought this was the
rotation.
Mr. Jones: Yeah.
Vice Mayor Alonso: I did too.
Mayor Suarez: But we did specifically... Remember?
Mr. Jones: Yeah.
Mayor Suarez: ...tell them, why not try the process of getting the...
Mr. Jones: Yeah.
Mayor Suarez: ...sealed blind bids and he did and they're very low. Are you
sure they're not going to come up with a "reasonable cost" or some other kind
of thing later that's going to push us over...
Commissioner Plummer: Well, there's representatives here. Let's ask them.
Mayor Suarez: She must have those things on the computer over there. She
must be ready to crank out the bond opinion.
166 September 24, 1992
Mr. Jones: Is Bruce here?
Commissioner Plummer: 1 don't want to ask him. He's ugly.
Mr. Bruce Gilesklein: Good afternoon. I'm Bruce Gilesklein.
I'm a
shareholder at Greenberg Traurig and...
Mayor Suarez: A shareholder in a law firm.
Mr. Gilesklein: A shareholder.
Mayor Suarez: Isn't that lovely? All right.
Mr. Gilesklein: But, no, there's nothing hidden in the bid. It
will be
twenty thousand plus our out of pocket costs, which is what we customarily
charge.
Commissioner Plummer: How much is out of pocket costs?
Mayor Suarez: But out of pocket meaning xeroxing and stuff like that,
not...
Mr. Gilesklein: Xeroxing, Federal Express charges...
Commissioner Plummer: Give me a maximum number.
Mr. Gilesklein: A maximum number?
Mayor Suarez: No, those are never...
Commissioner Plummer: Maximum number out of pocket costs.
Mayor Suarez: Those are never going to exceed a few hundred dollars.
Commissioner Plummer: Are you talking a thousand dollars, a hundred
thousand
dollars?
Mr. Gilesklein: Typically it would be about five, I would guess.
Commissioner Plummer: Not to exceed five...
Mr. Odio: Five thousand dollars?
i'
Mr. Gilesklein: Not to exceed five would be agreeable to us.
Commissioner Plummer: Not... That I can live with, OK?
Vice Mayor Alonso: Second.
Mayor Suarez: So moved and seconded.
!'
Commissioner Plummer: And let's... Wait, excuse me. Is all of that
work
going to be done in Dade County?
167 September
24, 1992
Mr. Gilesklein: Absolutely.
Commissioner Plummer: Well, the last time we had it, we had Holland and
Knight and the work was being done 1n Orlando, so...
Mayor Suarez: Yeah.
Mr. Gilesklein: No,
Commissioner Plummer: Just asked a question.
Mayor Suarez: No, these guys are big. They're big everywhere. Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-592
A RESOLUTION APPROVING THE JOINT BID OF GREENBERG,
TRAURIG, ET AL. AND THE LAW OFFICE OF JESSE McCREARY,
IN THE TOTAL AMOUNT OF $20,000 PLUS EXPENSES NOT TO
EXCEED $5,000, FOR SERVICES AS BOND COUNSEL AND CO -
BOND COUNSEL, TO THE CITY IN THE REFINANCING OF
APPROXIMATELY $90,000,000 OF THE CITY'S GENERAL
OBLIGATION BONDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: It reads $20,000 maximum fee, with expenses not to
exceed $5,000, only to be engaged if in fact, and if a realization of a
million dollars is reached, I vote yes.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK.
Mr. Jones: Mr. Mayor...
168 September 24, 1992
Mayor Suarez: Yes.
Mr. Jones: A point of clarification...
Mayor Suarez: Yes, sir.
Mr. Jones: Is it the Commission's wish for me to come back with the rotation
list, or do you want to do this on an issuance by issuance basis, or what?
Vice Mayor Alonso: This worked fine to save money. It was very attractive.
Mayor Suarez: Yeah. This was nice. I liked it.
Vice Mayor Alonso: It was very nice. We have no guarantees it's going to
happen again but...
Commissioner Plummer: Well, I'll tell you what it would do, Mr. Mayor. If
they're willing to bid with the price, I'll tell you, it blocks it in for a
year. I would go ahead and proceed, get your prices, and see what you come up
with. And if we can guarantees of five firms that will do all issues for
$20,000, I think we've made...
Mayor Suarez: No. You don't mean all issues for $20,000.
Commissioner De Yurre: The alternative...
Mayor Suarez: You mean all issues for a fee that is proportionate to the
bond.
Commissioner Plummer: Hey...
Commissioner De Yurre: Mr. Mayor, the alternative is to select a group of
firms that on a per case item they all get to bid on each item as you go
along. And let them get a pocket...
Mayor Suarez: Was it very cumbersome to do 1t that way? Because I like that
way...
Mr. Jones: What, the rotational list?
Mayor Suarez: ...you know, to say all these are qualified and then...
i
Mr. Jones: No, in fact, it's very easy to do it that way.
" Mayor Suarez: Right.
j
Mr. Jones: Yeah. It's no problem doing it that way.
Mayor Suarez: Yeah. So, let's do it that way.
Commissioner Plummer: Fine.
Mayor Suarez: Because we're going to get the bottom dollar...
169 September 24, 1992
tee- 4
•
Commissioner be Yurre: Everybody has a shot.
Mayor Suarez: ...top dollar, whichever way it is.
--------------- YiY-YY------iY`---------------------------r----err--------W--------
41. APPROVE IN PRINCIPLE, REQUEST FROM MIAMI AMATEUR BASEBALL ASSOCIATION
FOR USE OF CITY FACILITY AND WAIVER OF ALL PERTINENT USER FEES
CONCERNING STAGING OF BASEBALL GAMES DURING A 20-DAY PERIOD -- DIRECT
MANAGER TO IDENTIFY SUITABLE FACILITY.
Mayor Suarez: OK. PZ-1.
Commissioner De Yurre: Mr. Mayor, before we get to the PZs...
Mayor Suarez: Yes.
Commissioner De Yurre: ...if I may, we have here Pepin Prieto and his
baseball group La M.A.B.A. (Miami Amateur Baseball Association) and they need
to make a small request of us here as they do every year.
Commissioner Plummer: No money.
Commissioner De Yurre: With all the savings that we've picked up today?
Mr. Juan Huarte: My name is Juan Huarte, from the Miami Baseball Association.
For the last 12 years, I've come with the same request. We are going to cover
a championship that costs about $35,000. We are going to get donations for
all the public for the Miami Lions Club. And the only thing that we are
requesting from the City of Miami is the expense of the stadium, the
electricity, that is... Mr. Odio says that it is about $15,000, just for the
electricity. We will cover all the expenses to clean the stadium, to cover
the entrance, the parking, the umpires, the... Everything. The only thing
that we are asking, again, this year...
i
Commissioner De Yurre: How much are we talking about?
Mr. Huarte: I think it's less than $15,000. Something about $15,000 1s
the...
Commissioner De Yurre: And this is for the league...
Mr. Huarte: Only for the electricity in the stadium.
Commissioner De Yurre: Well, this is a league... Listen to me. This is a
league...
Commissioner Plummer: How many days are involved?
Mr. Huarte: How many days? CUANTOS DIAS?
' Unidentified Speaker: Twenty nights and twenty days.
:�. 170
September 24, 1992
■
Commissioner De Yutre: It's like four days a week, I believe.
Mr. Huarte: Twenty nights and twenty days.
Commissioner Plummer: Twenty... I'm...
Commissioner De Yurre: Tuesdays and Thursday nights, and then Saturday and
Sunday 1n the daytime.
Mr. Huarte: Right.
Commissioner De Yurre: So then...
Commissioner Plummer: But, no. The total amount of days. How many total
days are involved?
Mr. Cesar Odio (City Manager): QUE PASA?
I Commissioner De Yurre: Forty days.
Mr. Huarte: Twenty days.
Commissioner Plummer: Forty?
Mr. Huarte: Twenty.
Commissioner Plummer: Twenty days total?
Mr. Huarte: Twenty days and twenty nights.
Unidentified Speaker: PERO LOS DIAS SON POR LOS SABADOS Y DOMINGOS.
Mr. Odio: QUE LE PASA? QUINCE MIL PESOS...
Commissioner De Yurre: No, no. It's a ten week program...
Mr. Huarte: How about that?
Commissioner De Yurre: ...and you have Tuesdays and Thursdays...
Mr. Huarte: During the nights.
Commissioner De Yurre: ...Saturdays and Sundays.
Mr. Huarte: Right.
Commissioner De Yurre: So that's four nights, for ten weeks, is 40 days.
Twenty nights and twenty days.
Commissioner Plummer: Well, OK. But that's what I'm trying to figure out is,
you know, that couldn't be used for other sources of revenue.
171 September 24, 1992
i
Commissioner Be Yurre: J.L. there aren't many other sources of revenue from
Miami Stadium and it, in fact, just sits out there.
Commissioner Plummer: Excuse me. Are they not holding a flea market there?
Commissioner Be Yurre: No, not in the stadium. Outside in the parking lot.
Mr. Odio: I'm just checking up on this because I know the stadium is damaged
and Tony is telling me that it's not usable, so we need to check on the dates,
Commissioner, because I know the press box flew off and we had some electrical
problems.
Mr. Tony Pajares: That's the problem. The electricity's inside...
Mr. Odio: Say it on the record.
Mr. Pajares: There was a team there yesterday, Commissioner. There was a
team there yesterday inspecting it and the problem is that to turn on the
electricity it's on the press box. They've advised us that they don't want
anybody going in to the press box. It is unsafe and they told us yesterday it
should be closed.
Commissioner Be Yurre: So, what if they just used the facility - the field
itself?
Mr. Pajares: I'm sorry?
Commissioner De Yurre: What about the field itself without using the press
box?
Mr. Pajares: Well, the problem is they don't want anybody going near the
press box because it might collapse. I can try to get a better clarification
on this.
Commissioner Be Yurre: Well, when is that going to be fixed? Is that going
to be, you know...
Mr. Odio: It's part of the...
Commissioner Plummer: Another job by F.E.M.A. (Federal Emergency Management
Agency).
Mr. Odio: It's part of the whole package where we have to get the D.S.R.
(Disaster Survey Report) approved. F.E.M.A. signs off on it and then we have
to go out on bids on it.
Mayor Suarez: Folks, we're just trying to see if this thing can be held or
not...
Mr. Odio: We're going to...
Mayor Suarez: ...and then we'll get to the issue of the financing of it.
Mr. Odio: I suggest you approve it subject to that the stadium can be used.
172 September 24, 1992
Mayor Suarez: Is it going to be fixed in time for the games?
Commissioner Plummer: Well, wait a minute. Let me ask a dumb question, 1f I
may. And I'm for these people, I've always been with them, all twelve of
their years and I want to be with them this time. But should we be
considering... We spent an awful lot of money at Curtis Park, to put in a
real nice facility there. Now, the problem is it cost a lot of money to get
the Miami Stadium, even if everything is working, and as I recall at the
events that I've been there, you don't have more... at the most, a thousand
people. And it would seem like it would be cheaper, all the way around, for
everybody, to use Curtis Park rather than the baseball stadium. And I would
rather see you do that from the aspect of every other thing that we're talking
about.
Mr. Odio: QUIERES USAR CURTIS PARK?
Unidentified Speaker: QUIERES USAR EL CURTIS PARK EN LUGAR DEL MIAMI STADIUM?
Mr. Huarte: The nights we can use the Curtis Park. There is no problem.
Commissioner Plummer: Well, that's what I'm saying is, is it was designed to
be a cheaper, and less cumbersome... Victor, you should be talking...
Commissioner De Yurre: Yeah, sure.
Commissioner Plummer: ...to that, it was your baby.
Commissioner De Yurre: Yeah. Well, certainly, if Miami Stadium is in a
position that it's hazardous...
Mr. Odio: We have problems in Curtis Park.
Commissioner De Yurre: ...as far as the safety is concerned...
Commissioner Plummer: Wait a minute. Hold on. I'm being told now we have
problems in Curtis Park.
Mr. Odio: Yes. It's damaged.
Commissioner Plummer: Would you like to go to Key West?
Mr. Huarte: What about Cuba? And a free Cuba?
Commissioner Plummer: You can go. You can go.
Mr. Huarte: I would like to go to a free Cuba.
Commissioner Plummer: Give us a call.
Mr. Huarte: OK.
Commissioner De Yurre: What's the story with Curtis, Al?
173
September 24, 1992
Commissioner Plummer: What's wrong with Curtis Park?
Mr. Alberto Ruder: Yes. Curtis Park also suffered damage - the lights, I
think the field, the fencing...
Mr. Huarte: Y NO SE PUEDE HACER TODO DEL DIA, NO?
Unidentified Speaker: SE PUEDE SEGUIR DOS, SABADO Y DOMINGO DEL DIA.
Mr. Ruder: ...and they're also going through inspections through F.E.M.A. and
I don't think it's going to be ready. I mean, I don't even know what time...
Mayor Suarez: Please, establish when...
Mr. Huarte: May I ask a question?
Vice Mayor Alonso: Why don't we approve this?
Mayor Suarez: All right. Let's do it that way, if not...
Vice Mayor Alonso: Why don't we approve this subject to...
Commissioner Dawkins: What day? The date?
Vice Mayor Alonso: ...finding the convenient location?
Commissioner Dawkins: What date do they want to start?
Vice Mayor Alonso: If one place cannot be used and the other is acceptable...
Commissioner Dawkins: When do they want to start?
Vice Mayor Alonso: But in principle, we approve the item...
Mayor Suarez: The use of our facility.
Vice Mayor Alonso: ...and then you work it out with the Administration...
Commissioner Dawkins: You know, Mr...
Vice Mayor Alonso: ...rather than trying to go over...
Mayor Suarez: Wait. Because if we don't get this thing...
Vice Mayor Alonso: ...what park and what facility. If it's not safe, we will
not allow you, we'll not want to be there, so...
Commissioner Dawkins: Mr...
Vice Mayor Alonso: I think subject to...
Mr. Huarte: May I ask a question?
Vice Mayor Alonso: Sure.
174 September 24, 1992
Commissioner Dawkins: Mr. Ruder...
Mayor Suarez: Wait, wait, folks. Commissioner Dawkins wants to ask a
question. Mr. Manager, let's get this matter resolved, please, everybody?
See what the Commission wants to do on it. Yes, Commissioner Dawkins.
Commissioner Dawkins: OK. Mr. Ruder, you have teams of individuals who are
going around attempting to put parks in operation. Is that a correct
statement?
Mr. Ruder: Yes.
Commissioner Dawkins: Now, if this Commission decided that Maduro Stadium was
a priority - and that's putting it against over two or three other parks that
I would like to see operational - how long would it take to get that park
operational using everybody over there to get it done?
Mr. Ruder: You're talking about Maduro stadium?
Commissioner Dawkins: Yes.
Mr. Ruder: OK. I don't really manage Maduro stadium so I can't answer that.
Commissioner Plummer: Tony had it.
Commissioner Dawkins: OK. Well, who...
Mayor Suarez: What are we talking about here?
Mr. Pajares: Commissioner, let...
Commissioner Dawkins: The Manager threw you to whomever.
Mr. Pajares: Commissioner, let me call Public Works because this
inspection...
Commissioner Dawkins: No, no.
Mr. Pajares: ...was done yesterday.
Commissioner Dawkins: No. no.
Mr. Pajares:
I can't
give you a time when it will be open.
Commissioner
Dawkins:
OK. I'll tell ' you what. I m going to make a motion...
Commissioner
Plummer:
Curtis Park could be made easier because it didn't have
a press box.
Commissioner
Dawkins:
...that the City Commission... the Manager order the
City Commission
to get everybody out there they need and get everything
moved...
175 September 24, 1992
i
Commissioner Plummer: It's going to put F.E.M.A. in jeopardy.
Commissioner Dawkins: ...that is moveable and out of place by Monday morning.
Commissioner Plummer: At Maduro?
Commissioner Dawkins: Yeah.
Commissioner Plummer: To my colleague, sir, I can't vote for that simply
because it's my understanding if you do that, you have washed any
responsibility from F.E.M.A. OK?
Commissioner Dawkins: How did I wash responsibility from F.E.M.A.?
Commissioner Plummer: They will not... You either play by their rules and
their rules say you don't do anything...
Mayor Suarez: We don't to do it. We don't do that because we...
Commissioner Dawkins: Wait a minute. Let me... See, what we... Wait.
Mayor Suarez: No. Commissioner, the Vice Mayor was making a motion that said
to the Administration to make available whatever facility makes the most sense
to them...
Commissioner Plummer: That's fine.
Mayor Suarez: ...and we'll be safe. We can do that.
Commissioner De Yurre: As quickly as possible.
Mayor Suarez: And move heaven and earth which is what your motion implies.
All right?
Commissioner Dawkins: All right. Well...
Mr. Huarte: May I ask a question?
Commissioner De Yurre: Well, we'll second that motion.
Commissioner Dawkins: All right. Call the... Do we have a second?
Mayor Suarez: Wait, let me see if we can clarify that motion, if we can get
the Manager to be in on it. Mr. Manager...
Mr. Odio: Yes, yes.
Mayor Suarez: ...with the expectation that somehow you'll find the adequate
facility whether it... We now have established that it could be either Curtis
Park or...
Commissioner Plummer: They'll be at Bicentennial.
Mayor Suarez: ...the Maduro Stadium.
176 September 24, 1992
Commissioner Dawkins: Or Hadley Park.
Mayor Suarez: Or, conceivably, Hadley Park.
Commissioner Plummer: Or Bicentennial.
Mayor Suarez: Or another one that has a big enough baseball diamond.
Commissioner Dawkins: That's right.
Mayor Suarez: We would make a motion of support of this event and leave it up
to your discretion, always within the bounds of it being safe to be played
there. And that's the motion by the Vice Mayor?
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded?
Commissioner Dawkins: Yes.
Commissioner Plummer: Well, I think what you maybe want to consider...
Mayor Suarez: Yeah.
Commissioner Plummer: OK?
Mr. Huarte: May I ask...
Mayor Suarez: Wait, sir.
Commissioner Plummer: You might want to consider that all of your games be in
the daytime.
Mr. Huarte: That's what I am trying to say. But they don't let...
Commissioner Plummer: All right? Where the lights will not be a problem.
Mayor Suarez: And actually that would help because you were going to have a
hard time getting some of us to vote for any expenditures. So, if you're
going to have spend a lot of electricity...
Commissioner Plummer: Well, at Curtis Park... At Curtis Park...
Mayor Suarez: Right.
Commissioner Plummer: ...you don't have to worry about a press box falling on
their head. There is no press box.
Mayor Suarez: So, I would strongly suggest you have day games because some of
us are getting more and more "TACANO" up here and we just don't have the money
for much electricity, really.
Mr. Huarte: OK.
177
September 24, 1992
Comissiooner Dawkins: All right. Call the... Any further discussion?
Mr. Huarte: But this year that we didn't have this normal situation, you
know.
Mayor Suarez: Right.
Mr. Huarte: Maybe we can accommodate a championship during the day, if we get
your approval, we will do it during the day and next year we will see.
Vice Mayor Alonso: Sure.
Mayor Suarez: There we go. All right. Moved and seconded. Basically we're
waiving the cost of the use of the facility, leaving it up to the Manager to
decide which one. Call the roll.
Mr. Huarte: Yeah. OK. DURANTE EL DIA.
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-593
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE MIAMI AMATEUR BASEBALL ASSOCAITION (MABA) FOR THE USE OF
THE BOBBY MADURO MIAMI BASEBALL STADIUM FOR THE STAGING OF
TWENTY (20) DAYTIME BASEBALL GAMES, TO BE HELD BETWEEN
OCTOBER 17 AND DECEMBER 27, 1992; FURTHER WAIVING ALL USER
FEES, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Commissioner Dawkins: Further discussion, Mr. Mayor. Somebody explain to me
what you mean by the term, if we go ahead and go to Bobby Maduro Stadium we
relieve the federal government of all responsibility. Explain to me what
you're saying.
Mr. Odio: If we do any projects without their prior authority, they will not
pay.
178 September 24, 1992
i
1-1
V, I
Commissioner Dawkins: OK. Now, we know that we have youngsters who need to
be the hell out of the house, playing. We know that the parents need to know
that their kids are in a structured program while they're working. These are
the sort of things that we have in our park. Where is the priority that
somebody has not set down with F.E.M.A. and tell them, "I need A, B, C, D
park," instead of cleaning Brickell Avenue. And I couldn't care less. The
kids need to be... Everybody is addressing everything but the needs of the
kids.
Mr. Odio: Commissioner, we already opened five major parks. Parks are a _
priority.
Commissioner Dawkins: What now, sir?
Mr. Odio: We have a park priority.
Commissioner Dawkins: What is it?
Mr. Odio: It has been given to F.E.M.A.
Commissioner Dawkins: What is it?
Mr. Odio: Alberto, do you want to tell them the list?
Mr. Ruder: We're working very closely with F.E.M.A. and by next Monday we
plan to open five major parks that have gone through the inspections and we've
tried to divide the City into four...
Commissioner Dawkins: OK. Of the five, sir, which of the five have a
baseball diamond that they can use?
Mr. Ruder: There could be... Yeah. If it's during the day, most of them...
Commissioner Dawkins: He just said they're playing during the day.
Mr. Ruder: OK. Then...
Commissioner Dawkins: So let's not even address the day issue.
Mr. Ruder: Well, we have several. We have several. We'll get together with
them and...
Commissioner Dawkins: Well, that's... No, no. Don't get together with them.
Tell me now. You say you've got five. What are the five?
Mr. Ruder: OK. Armbrister Park, Grapeland Park...
Commissioner Dawkins: Sir...
Mr. Ruder: Range Park, Shenandoah Park and Williams Park.
Commissioner Dawkins: The Shenandoah Park? That's a priority?
Mr. Ruder: OK. Yeah. That's...
179 September 24, 1992
Commissioner Dawkins: And it has been okayed by F.E.M.A. to work on it.
Mr. Odio: Yes.
Mr. Ruder: To open by next week. Yes.
Commissioner Dawkins: So, now, I just said...
Mr. Ruder: Not the lights.
Commissioner Dawkins: This Commission just said...
Commissioner Plummer: They don't need the lights.
Mr. Ruder: I know.
Commissioner Dawkins: Get the first one available that you can.
Mr. Ruder: OK. Fine.
Commissioner Dawkins: F.E.M.A. has already okayed Shenandoah Park and you're
sitting up here telling me something else other than that. Is it possible to
get that done by Monday morning?
Mr. Ruder: Yes.
Mayor Suarez: By the way...
Commissioner Dawkins: I mean...
Mayor Suarez: I think this entire Commission wants to emphasize and I think
we all feel very strongly about this, Al, the process of F.E.M.A. applications
is very important and, of course, you want to get as much compensation and
reimbursement as we can get. But having said that, the process of getting our
E
1? parks operational is an extremely important priority. I don't know that we're
at; ready to trade off a dollar that we might get from F.E.M.A. against a dollar
that needs to be applied right off the bat. You know, we said that a little
'i bit this morning talking about the tennis courts...
Mr. Ruder: Yeah.
y_
t Mayor Suarez: ...at Henderson. But, I hope that you're not being delayed
unduly by God knows what activity of your employees, from completing, or at
least beginning the process of getting the parks ready. It's the lifeblood of
�.; what - not only our kids anymore, everybody's into, you know, the Vitacourse
here at Kennedy Park. I mean, there's nothing that's as much an eyesore right
now, I don't think...
Mr. Ruder: Right.
i
Mayor Suarez: ...in the entire City as that. And that's just another
' example. There are many parks throughout the City, I mentioned Henderson.
k! So, if that, at any time, is not being given the kind of priority or if we're
' 180 September 24, 1992
f
delaying because we think F.E.M.A.'s got to approve this or that, there are
processes where you tell F.E.M.A., "We've got to get this done and we've taken
pictures of it. We're going to convince you that you have to reimburse us but
we've had to begin the work because it's not emergency in the sense of people
being fed and housed...
Mr. Ruder: Yeah. Sure.
Mayor Suarez: ...but it's almost that bad. I mean, our kids not having any
place to play and our adults, to run and et cetera. It's just very important
in the City. We are concentrated. There's 400,000 of us living in a fairly
small area. People need exercise. They need to be outdoors.
Commissioner Plummer: Well, Mr. Mayor...
Commissioner Dawkins: And, Mr. Al, you're doing a hell of a job...
Mayor Suarez: Yeah.
Commissioner Dawkins: ...but somebody has to go to the Manager every morning
and tell the Manager, this, this, this one could be done and then the Manager
can address them. You can't sit down and wait for the Manager to come and
tell you, "Do A, and then do B, and then do C."
Commissioner Plummer: It doesn't work that way.
Commissioner Dawkins: Somebody has to come to him with some things...
Commissioner Plummer: That's the problem.
Commissioner Dawkins: ...for him to react to rather than every time...
Commissioner Plummer: Every morning at 8:00 they sit with F.E.M.A.
Commissioner Dawkins: ...they get ready I've got to, you know, what have you.
Yes?
Mr. Odio: We have a meeting every morning at eight.
Commissioner Dawkins: OK.
Mr. Odio: Those projects are posted. F.E.M.A. signs off on it and we move on
it. We are not holding anything back. Al Ruder told me the priority on
parks...
Commissioner Dawkins: No, no. But you see... No, Mr. Manager, you're
hearing me...
Mr. Odio: OK. I'm sorry.
Commissioner Dawkins: ...but you're not hearing me. You've got a list...
Mr. Odio: From...
181 September 24, 1992
Commissioner Dawkins: ...but somewhere along the lines the priorities on that
list...
Mr. Odio: Right.
Commissioner Dawkins: ...are not in line with what I feel they should be at.
Mr. Odio: OK.
Commissioner Dawkins: So now, therefore, somebody in your meeting should tell
you as the Manager, "Hey, look. We've got garbage...
Mr. Odio: Right.
Commissioner Dawkins: ...mixed with the tree leaves." The people are not
going to let us dump this. So, therefore, Mr. Manager, we've got to
reorganize today...
Mr. Odio: Right.
Commissioner Dawkins: ...and go out and take a hand crew and separate the
garbage from the trash...
Mr. Odio: Right.
Commissioner Dawkins: ...and pick it up. You don't know that because you're
busy...
Mr. Odio: OK.
Commissioner Dawkins: ...trying to worry about getting our money back from
F.E.M.A. So, I... See, the list is fine. But there are certain things that
are not on the list that you know...
Mr. Odio: I agree.
Commissioner Dawkins: ...need to be addressed.
Mr. Odio: I agree.
Commissioner Dawkins: OK. That's all.
Mayor Suarez: All right. Very good.
Mr. Odio: Well, I will tell you this. Al and I met last week.
Mayor Suarez: Only if you have to.
Mr. Odio: We're going to proceed as fast as we can to bring every park back
to being used as soon as possible.
Mayor Suarez: Very good.
Commissioner Plummer: Let me ask you this.
182 September 24, 1992
-
Mayor Suarez: It's a very high priority with this Commission is what I'm
trying to say.
Commissioner Plummer: Let me ask you, Mr. Manager...
Mayor Suarez: Yes, Commissioner Plummer.
Commissioner Plummer: ...Dinner Key Auditorium.
Mr. Odio: We are prepared to go to bids next... this week or the coming
week, from what I'm being told.
Commissioner Plummer: Have you made Larry Pearl aware of that?
Mr. Odio: Well, I talked to Larry. He said he had alternate dates from
October to November. 1...
Commissioner Plummer: He's ready to sign with Miami Beach and the
merchants...
Mr. Odio: Well, what I told... No, no. He has...
Commissioner Plummer: The merchants in Coconut Grove are highly incensed.
Mr. Odio: Well...
Commissioner Plummer: It's one of the most successful times of the year for
them.
Mr. Odio: Sure.
Commissioner Plummer: And he tells me that if you hadn't had to have F.E.M.A.
the private sector...
Mr. Odio: No.
Commissioner Plummer: ...could have been in there and got it ready. Now...
Mr. Odio: Two and a half million dollars worth of work?
Commissioner Plummer: Sir, I'm not arguing. I'm saying if there's any way to
accommodate, to get that show, to keep it from going to Miami Beach...
Mr. Odio: No.
Commissioner Plummer: Please, do what you can.
Mr. Odio: The way he wanted was in October 12th. That's absolutely
impossible.
Commissioner Plummer: OK.
Mr. Odio: I told him to use his alternate date in November.
183 September 24, 1992
Commissioner Plummer: OK. Fine.
Mr, Odio: And he agreed with me that he would do that.
Commissioner Plummer: Please, work with him.
Mr. Odio: Yes, I have.
Commissioner Plummer: Keep him from going to the Beach.
Mr, Odio: I have.
Commissioner Plummer: Sometimes when they go to the Beach they don't come
back.
Mr. Odio: But the damage in the Convention Center is extensive.
Commissioner Plummer: I understand, sir.
Mr. Odio: We think that if we get an approval from Public Works they will
play Saturday and Sunday afternoons in Bobby Maduro Stadium. OK?
Mayor Suarez: Right. Let's go...
Mr. Huarte: Thank you.
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of September, 1992, 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 3:53 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
42. UPHOLD PLANNING ADVISORY BOARD'S RECOMMENDATION FOR DENIAL OF PROPOSED
FIRST READING ORDINANCE TO AMEND FUTURE LAND USE MAP TO CHANGE
DESIGNATION AT 3711 S.W. 26TH TERRACE FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL (Applicant: Bonzo Enterprises, Inc.) (See label
54).
Mayor Suarez: PZ-1.
Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-1 and PZ-2 are
companion items. This property is located immediately behind the frontage
along Douglas Road at 26th Terrace. It backs up into, and borders, the City
of Coral Gables.
Mayor Suarez: Is there anybody here that is opposing this? OK. Very good.
Go ahead, Joel.
Ms. Hirai: Do you want to swear them in at this time, Mr. Mayor? Do you want
to swear them in at this time?
Mayor Suarez: OK. Or as soon as Joe finishes his presentation, because I
interrupted him. I just wanted to see if we were... Go ahead, Joe. I'm
sorry.
185 September 24, 1992
L
Mr, McManus: On PZ-1, the Planning Department had recommended denial.
Planning Advisory Board voted denial by a vote of three to... The motion
failed to approve, failed on a vote of three to six, constituting denial. And
on PZ-2 the Zoning Board... the Planning Department recommended denial and
the Zoning Board recommended approval. The reasons for the Planning
Department's objections are that first of all, we believe that the site itself
that's currently being occupied by the commercial activity is adequate and
could be redesigned to facilitate parking. Secondly, the subject site that's
going to be proposed to be rezoned from residential to commercial, already
contains a duplex residential structure in good condition. We don't see any
need to get rid of that. Thirdly, the proposal here is to convert the subject
property for parking for the commercial that's facing on Douglas Road. And I
think the Department believes that putting parking on this lot will mean that
you're going to encourage additional vehicular traffic back on 26th Terrace
and back even... If you notice the map there, it's possible to go in a C-
shaped configuration of maneuvers and use 26th Terrace and circle around and
come out on 27th Terrace back to Douglas. I think there's a clear perception
by the neighbors that they're going to have increased vehicular traffic.
Thank you.
Commissioner Plummer: Are you talking about changing the zoning on the blue
or the yellow?
Mr. McManus: The subject property is immediately to the left, to the west of
the blue. The...
Commissioner Plummer: OK. Now, my question is, as you see the line existing
of C-1, is it not uniform all the way up to that thing called the City limits?
Mr. McManus: It's all of a uniform. It goes immediately back to the blue.
Commissioner Plummer: Would this not start a pattern of the request all the
way down the line?
Mr. McManus: Conceivably yes, Commissioner.
Commissioner Plummer: And that would start the precedent. And how would you
justify denying it to anyone else?
Mr. McManus: It would be very difficult once this precedent is established.
Commissioner Plummer: What kind of business is on the blue?
Mr. McManus: I believe it is a...
Mr. Sergio Rodriguez: It's a grocery store.
Mr. McManus: ...a grocery store?
Mr. Rodriguez: I believe it's "El Oso Polar," I believe.
Commissioner Plummer: Is it actively open at this time?
Mr. McManus: Yes.
186 September 24, 1992
r
Commissioner Plummer: I mean, as a grocery store?
Mr. McManus: Yes.
Mr. Alex Fernandez: It's a cafeteria grocery store.
Commissioner Plummer: Isn't the hospital right in there somewhere?
Mr. McManus: It's across the street, I believe.
Vice Mayor Alonso: Across the street.
Mr. McManus: And to the north.
Mr. Rodriguez: Across the street you have also medical office building.
Commissioner Plummer: It's got to be on the same side of the street to the
north.
Mr. Rodriguez: On the same side of the street you have a hospital.
Mr. McManus: Yes, to the north.
Mr. Rodriguez: Across from the street.
Mr. McManus: What isn't shown too well, there's a diagonal avenue immediately
to the north of the property. I think it was Coconut Grove Avenue...
Commissioner Plummer: Well, that's...
Mr. McManus: ...and immediately beyond that is the hospital.
Commissioner Plummer: Yeah. I... OK. It's by the 7-11 also.
Mr. McManus: Yeah.
Vice Mayor Alonso: Um-hmm.
Commissioner Plummer: OK.
Mayor Suarez: All right.
Mr. Fernandez: OK. Good afternoon. My name is Alex Fernandez. I live at
9680 S.W. 103rd Avenue Road. We're asking for the rezoning of this property
which is a...
Mayor Suarez: No. I'm sorry. Madam City Clerk, we need to swear in both
himself and anybody in opposition. Yes, sir. Go ahead. Raise your hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Fernandez: Yes.
187 September 24, 1992
=�®
R
Mayor Suarez: Very good.
Mr. Fernandez: We're asking for the rezoning of this property which is
adjacent to El Polar Cafeteria.
Commissioner Plummer: Sir, are you a lawyer?
Mr. Fernandez: No. I'm one of the owners of the property E1 Polar and the
property I'm trying to rezone. The reasons being that we're trying to rezone
is we want to improve the existing facility by constructing a new structure
and parking facility. In reference to the comments that were made that
parking would be backed up through that street, parking is backed up through
that street right now. The existing property holds, I think, maybe 10 or 12
parking spaces. People park along 26th Terrace, all the way up into the
residential area. I'll address that later on but I just wanted to get to that
point that was made before. We want to increase the size of the restaurant.
This structure is nearly 30 years old. The building needs numerous repairs.
I think now with the Hurricane Andrew we've had a little bit of damage also
and it's becoming a little bit of an eyesore. We don't have, as I mentioned,
sufficient parking to accommodate the patrons that frequent the establishment.
Customers, as I said, are parking outside the property and up the street, in
the residential area. This is causing traffic tie-ups as customers are
waiting at peak times, at lunch and breakfast. They're waiting to get into
the existing parking which is right behind the cafeteria and supermarket.
Many times they wait right out in the street until somebody comes out and then
they go in. This is causing tie-ups. Many customers are either losing
valuable time or they're going elsewhere to eat because the restaurant cannot
accommodate the sufficient number of patrons that want to eat there. We have
affordable food, good food, and a lot of people do like to go there and eat.
The restaurant is going to provide a facility for the growing business area.
Directly across the street, which was not mentioned, there are numerous
buildings that have gone up, with many offices, many people working in those
areas, that is certainly taking up a lot greater task than what we want to do.
We'll provide facilities for these people to eat, rather than having them, you
know, have to get in their cars and go outside of the area. Also, the
adjacent hospital, we provide tremendous service to...
Mayor Suarez: Which is named what?
Mr. Fernandez: It's Coral Gables Hospital.
Mayor Suarez: OK.
Mr. Fernandez: It's directly where the City limits are.
Commissioner Plummer: North.
Mayor Suarez: And your structure now, this is something that really would be
enormously helpful to us. Maybe it's in here somewhere and I just don't find
it. You show us the maps and you show us the layouts. Unless we have a
picture in our minds of what that looks like, we'd like to know what do you
have there now and what do you intend to put there? Those are...
188 September 24, 1992
Mr. Fernandez: It's like a mom and pop grocery store, but it's got a
Cafeteria.
Mayor Suarez: And what do you intend to put there that you need this...?
Mr. Fernandez: Oh, we just want to expand that - expand the restaurant part.
We have 17 benches right now in the restaurant and it gets packed there. You
know, we service hundreds of people a day, just in the restaurant part. And,
you know, this is causing up tie-ups in the street, parking down the street
into the residential area...
Commissioner Plummer: It's an encroachment.
Mr. Fernandez: ...which is a lot worse than what, you know...
Mayor Suarez: And...
Mr. Fernandez: ...we can do by fixing it.
Commissioner Plummer: Yeah. But you see, that's... The argument is not
that, sir. And you're legitimately making a good case for you, but you're not
making a good case for the rest of that block, all the way down to, I guess,
it's Bird Road, or whatever that other one is. And you see, in the fairness
and equity, if we give that to you, everybody else on Douglas Road, that faces
Douglas as you do, has the same right to come in and ask for the same thing
that you're asking for. And that's where the cheese gets binding.
Mayor Suarez: But where am I missing something here? Because I was trying to
get to a point here. He's got a grocery store there.
Commissioner Plummer: Yes, sir.
Mayor Suarez: He wants to put more like a restaurant.
Commissioner Plummer: No, it's already there.
Commissioner De Yurre: He's got one already. He's got a luncheonette kind of
thing.
Commissioner Plummer: He wants to expand his present operation.
Vice Mayor Alonso: ...to expand.
Mayor Suarez: He wants to expand? Even less than what I thought.
Commissioner Plummer: OK?
Mayor Suarez: The area is zoned... Looks...
Commissioner Plummer: See...
189 September 24, 1992
Mr. McManus,$
Where he 1s located, it is zoned C-1.
Mayor Suarez:
C-1? Which is commercial.
Mr. McManus:
He wants to expand into the residential lot.
Commissioner
Plummer: No, no. The expansion area is an R-zoning.
Mr. McManus:
It's in a residential lot.
Commissioner
Plummer: He wants to expand into an R-2 duplex.
Mayor Suarez:
Show that up there on the map to me how that...
Vice Mayor Alonso:
It's easy. It's right there.
Commissioner
Plummer: Yeah. The line is clear.
Mayor Suarez:
OK.
Commissioner
Plummer: You're extending the commercial zoning into
the
residential area. Yes.
Vice Mayor Alonso: The adjacent lot.
Mayor Suarez: By going into the back lot, that is what goes into
the
residential.
Commissioner
Plummer: Yes.
Mr. McManus:
Yes. That's a residential lot right now.
Mayor Suarez: OK.
Mr. McManus:
With a duplex in it.
Mayor Suarez:
All right. Thanks. That...
Commissioner
Plummer: Now give me an idea, if you know, behind the rest
of
the... For
two blocks down, or three blocks down, behind there are they
lots
that are in
fact developed? Or are they vacant?
Commissioner
De Yurre: It's Coral Gables. You've got houses and lots
and
properties.
Commissioner
Plumper: No, sir. It's not Coral Gables. It's the City.
Mr. McManus:
No. It's the City of Miami
Unidentified
Speaker: It's residential.
Commissioner
De Yurre: Where at?
Mr. McManus:
It's all residential.
190 September 24, 1992
•
•
Mr. Rodriguez: Most of it is residential.
Commissioner Plummer: South.
Mr. Rodriguez: If you look in your package, page four...
Commissioner Plummer: Most all of them are developed.
Mr. Rodriguez: Residential.
Commissioner Plummer: OK. You see, that's the problem.
Commissioner De Yurre: Go ahead.
Commissioner Plummer: Could he in an R-2 apply for a conditional use for
parking?
Mr. Fernandez: Commissioner Plummer, may I address that?
Mr. Rodriguez: No, he couldn't.
Mr. Fernandez: Because that was brought up in the first meeting.
Commissioner Plummer: Well, I'm asking that.
Mr. Rodriguez: No, he couldn't.
Commissioner Plummer: He can not.
Mr. Rodriguez: He can not.
Mr. Fernandez: That was one of the reasons why we were denied in the first
meeting.
Commissioner Plummer: Yeah.
Mr. Fernandez: They brought that up. We're not lawyers. We weren't aware.
We researched and they said that we can make that into a variance for parking
and they were... Everybody was totally in agreement. Yes, put a variance and
we'll put parking in there and then we found out we can't do that. And I have
a architect that's working on that project. He'll explain that a little more.
He knows a lot more than I do. Also, if I can... I've got a couple more
things and I'll be done. The existing site, as I mentioned, is not appealing
to the eye. It's a 30 year old structure. We want to provide buffer zones
and proper landscaping for aesthetic purposes and to beautify the area.
Commissioner Plummer: Where is the buffer zone?
Mr. Fernandez: As I mentioned, a lot of buildings have gone up directly
across the street...
Commissioner Plummer: In effect, it's spot zoning.
191 September 24, 1992
•
a
Mr. Fernandez: ...tremendously huge buildings by big construction
companies...
Vice Mayor Alonso: That's right.
Mr. Fernandez: ...have put that out and, you know, they are making the area
look a lot nicer than what it is now. I think that also...
Commissioner Plummer: As big as your spot.
Mr. Fernandez: ...in these hard times, with recession, unemployment, the
problems with the hurricane, I think we're going to provide additional jobs in
the expansion of this location, with the restaurant and the cafeteria. It
will bring immediate employment to people in that area. I believe that's all
I have. My architect would now like to speak and he'll add a few points to
that and I'll answer any questions that you have. Thank you.
Mr. Ray Fernandez: How do you do? My name is Ray Fernandez. I reside at
5960 S.W. 50th Terrace. I am an architect with the firm of Burmello and
Associates. My involvement to this project is simply an investigation and to
respond to your concerns. One of the things that needs to be looked at is
that this particular site is bisected diagonally. It is very different than
any of the other sites, obviously much smaller, bisected diagonally, the
current configuration doesn't allow for the adequate parking to it. And that
is the reason why we're making the request. The Planning Board made the
suggestion of a transitional zoning. The only way that that could occur, that
site, the R-2 site, was above 10,000 square feet. It is not. It is only
6,000 square feet. Hopefully, with passing this it will improve the facility
and the current parking situation in that area.
Commissioner Plummer: Once you start there will be no end.
Mayor Suarez: OK. Sir.
Mr. John Gregalot: My name is John Gregalot, 2962 S.W. 22nd Terrace.
Commissioner Plummer: You're getting to be a regular around here.
Mr. Gregalot: Yes, sir. I'm here both in principle and in reality to the
situation. I just left the property about an hour ago and there was already a
bunch of cars milling around there due to the confusion existing. Now, in
principle, there is a building already existing on that property that they
want to rezone. Likewise, Radio Mambi has a building on property which was
rezoned the same way. That building still exists and now it has been occupied
as an office. There was supposed to be a wall put up which was not put up,
several years ago.
Mayor Suarez: Which one is that?
Mr. Gregalot: This is on 22nd Terrace.
Vice Mayor Alonso: Yeah. But he's talking about a different area. It's not
the same. It's not the same area.
192 September 24, 1992
Mr. Gregalot: I am pointing out the principle of why R-2 should not be
changed to C-1. Now, if you approve this change here, with that existing
building, who knows what's going to be there two years from now. An office, a
parking lot, or what? If Radio Mambi has, for two years, ignored the covenant
placed by this Commission. The Latin American Sandwich Shop has recently been
given a covenant to put up a wall. They've ignored it. Once the zoning is
changed, the Commission means nothing as far as they're concerned. The ruling
means nothing. They just go ahead and say, "Well, maybe we'll change our
mind," like Mambi. Mambi bought property adjacent to their station. So, they
decide well now we don't have to put up a wall. Now, this is what you do when
you change the zoning. You merely open it up to their wishes. The covenants
are not followed through. And, for this reason, I oppose in principle, and as
you questioned, the rest of the property including this property is R-2, all
the way down the street. So, you set a principle and then everyone and his
uncle wants to get a change for one reason or another. And, I would like to
bring to your attention that your rulings are important. I watch you, how
seriously you take your job, and I know you work hard at it, and then it's
ignored.
Mayor Suarez: All right.
Mr. Gregalot: So, what do we do with people who for two years do not put up
the wall as the covenant says? And...
Mayor Suarez: Why don't we get a report from staff on that issue?
Commissioner Plummer: No, no. That's what I was going to ask from staff. We
were sent a report of those who were in violation, and those who were in
compliance. We have never seen a follow-up as to those who were not in
compliance. And I think that this Commission needs to see it's been at least
two months ago, if not three, that we saw the list that you sent us of all of
the properties on the backside of Coral Way. And I would like to see a
follow-up at the next... by no later than the next Commission meeting...
Mr. Rodriguez: OK. We'll see you then.
Commissioner Plummer: ...as to that they are in compliance or that no good,
so called, Code Enforcement has once again dropped the ball.
Mr. Gregalot: I probably should not be here referring to this gentleman's
case, but it is an absolute copy of what I've been through. Like you say, you
see me here as a regular. There's a reason for it because we have to
seriously take your ruling and make it work. Otherwise the Planning Boards
recommend against it; Zoning Boards recommend against it. And we compromise.
I mean, you know, you gentlemen say, "Well, if we put a covenant on it, can
you live with it?" Sure, OK. Let's compromise. Great! But then they ignore
us. So, I appreciate your action and I thank you for listening.
Mayor Suarez: Very good, sir.
Commissioner Plummer: Let me inquire, sir, do you presently own that
property?
Mr. Fernandez: Which one?
193 September 24, 1992
o
F
Commissioner Plummier: The one in question that you ask to be...
Mr. Fernandez: Both of them.
Commissioner Plummer: How long have you owned it?
Mr. Fernandez: OK. Those were things that I want to respond to this
gentleman. We've been there for 12 years in E1 Polar Cafeteria.
Commissioner Plummer: How long have you owned the property in question, sir?
Mr. Fernandez: The property?
Commissioner Plummer: The one in yellow. The one you're asking to be
changed.
Mr. Fernandez: Oh, the one that we're asking? I think it's about two to
three years that we own it now.
Commissioner Plummer: Is there presently a duplex on it?
Mr. Fernandez: Yes.
Commissioner Plummer: Is it presently rented?
Mr. Fernandez: I believe it is.
Commissioner Plummer: And at the time you bought it, sir, you fully
understood it was for duplex only?
Mr. Fernandez: At the time we bought it? Yes.
Commissioner Plummer: Thank you, sir.
Mr. Fernandez: May I respond to two points that the gentleman brought up?
Commissioner Plummer: Please.
Mr. Fernandez: OK. First of all, he's comparing us to Radio Mambi and we're
not Radio Mambi. We plan to go along with, you know, whatever the laws are as
far as putting up a wall, or whatever is necessary there. We'll be in full
compliance. As I mentioned, we've been owners in that business for 12 years
and the people in that area, you know, do need an expansion of that business.
We're very responsive to the needs of the people in that community because
that's basically how we earn a living. Also, one very good point that this
gentleman brought up. He said that he was just by the property and that there
were cars all over the area. And that is exactly what we are trying to get
resolved, is adding the parking so we get the cars out of the area causing
congestions. And he brought up a very good point on our behalf that, you
know, we do need parking and that area, it's going to stay there, and the
parking problems are going to remain. And I think we can resolve it by, you
know, this expansion that we're trying to get here.
194 September 24, 1992
Mayor Suarez: Sir.
Mr. Paul Collins: My name is Paul Collins. I live at 2232 Lincoln Avenue in
Coconut Grove.
Commissioner De Yurre: I haven't seen you in a while.
Mayor Suarez: Paul Collins.
Mr. Collins: Yeah.
Commissioner De Yurre: Eighty-five.
Mayor Suarez: A blast from the past.
Commissioner Plummer: Eighty-five. Eighty-seven. Eighty-nine.
Mr. Collins: And maybe 193. I want to congratulate this Commission first for
their efforts to reverse the commercial blight that has been occurring in the
City of Miami. And the work you've been doing is certainly heartening and
there's a lot of our City of Miami, that commercial area, that is very
blighted. And before we start rezoning residential areas to commercial
properties, I think we ought to address ourselves to this problem. As some of
you know, I'm a staunch opponent of any attempt to rezone residential property
for commercial use - any residential property. A residential property is a
dwindling, nonrenewable resource. I say nonrenewable because I have never
been at any meeting where we have come in here and rezoned commercial
property, residential. There's only so much of it and once you rezone it it's
gone and it's gone forever. I think this property should remain sacrosanct.
Almost all commercial property is surrounded by blighted residential
neighborhoods. Next door to a busy filling station, or a parking lot of a
restaurant, is not the most desirable residential property. And when you
expand commercial zoning into established residential neighborhoods you
degrade that neighborhood. You lower the value of the residential property
and you begin the spread of urban blight. I have some photographs here of the
property in question and the adjoining buildings.
Mr. Gregalot: May I say just one more thing?
Mayor Suarez: Why not?
Mr. Gregalot: Sir, I hate to be the bad guy but what made me really angry was
Radio Mambi is trying to be friendly and they have trucks, great big trailer
trucks, making deliveries on 22nd Terrace to their property on Coral Way.
Yesterday, another trailer truck pulled up the house behind the Latin American
Restaurant on 22nd Terrace, with all the branches and everything down, and for
two hours it sat there making deliveries. Cars could not get by - one lane,
and even then they almost had accidents.
Mayor Suarez: We've got to get a full report on that. This Radio Mambi issue
keeps coming up and if they're not living up to the covenants made with us...
I believe I voted against that particular rezoning.
195 September 24, 1992
Commissioner Plummer: Well, why don't you just schedule it for the next
zoning agenda?
Mayor Suarez: I think we ought to get a report on that formally, if you'd
like. Paul, what do these illustrate?
Mr. Collins: That is the property in question. And it illustrates that that
is not a declining neighborhood, that those are not in disrepair.
Mayor Suarez: That is the property in question?
Mr. Collins: That's the property.
Mayor Suarez: Or the back of the property in question?
Mr. Collins: No, that's the...
Mayor Suarez: Or the property that is adjacent to the...
Mr. Collins: That is the property that they want to be rezoned. That is the
duplex they want to be rezoned. You see one view of it with the...
Mayor Suarez: I thought they were using the... OK. That would be the
property behind the...
Mr. Collins: Behind the restaurant.
Mayor Suarez: ...the restaurant.
Mr. Collins: The actual yellow property. In fact, you can see...
Mayor Suarez: Who owns this? They do, presumably. Right?
Mr. Collins: They do. And you can see...
Mayor Suarez: And they want to raze this...
Mr. Collins: You can see...
Mayor Suarez: ...and put a parking lot in this, is that what you want?
Mr. Collins: Yeah. You can see the parking lot from one view and you can
also see the buildings. Now, this whole neighborhood is a nice, well -
maintained - everybody's got their yards clipped. It's a well...
Mayor Suarez: Is this after the hurricane?
Mr. Collins: Yeah. Uh-huh.
Mayor Suarez: Wow!
Mr. Rodriguez: Remember...
Mr. Collins: Yeah. It was taken last week.
196 September 24, 1992
T9
Mayor Suarez: You could rent this for pretty good money right now, if it
looks like this. This is...
Mr. Fernandez: Weil, that's... You know, because we fixed up the property.
'That's the way we maintain it. That's the way we plan to maintain it after we
do the expansion.
Mayor Suarez: Well, except that there's not going to be a structure there,
presumably. You're going to raze it, right?
Mr. Fernandez: We11, yes. Exactly. But again, the commercial property is
there with... right adjacent to that. You don't see any problems going into
that property.
Mayor Suarez: Right. Well, this is a pretty nice residential environment, at
least from the back. I do agree with that, Paul.
Mr. Rodriguez: Remember...
Mr. Collins: And incidentally, there's a... The property he's talking
about...
Mayor Suarez: I'm sorry. What did you say, Sergio?
Mr. Rodriguez: Yeah. In relation, you were asking our plans to get an idea
of what they were having in mind. Remember in a zoning case you don't have
plans. They can do anything that is allowed under the zoning change.
Mayor Suarez: I know. But that's the problem.
j Mr. Rodriguez: That's what I'm saying.
Mayor Suarez: The problem is we have to figure out what it is that they're up
to. Because this very theoretical thing, looking at a map like that, that's
got "City limit," "City limit," "City limit" everywhere, instead of the street
and the avenue that we want to see what the heck we're looking at, and that
are hard to understand anyhow. You've got this deal there, this circular
stroke of genius there, that nobody knows what that's about. I mean, that's
difficult for us to visualize. This helps us to visualize.
Mr. Rodriguez: In your package you have it.
Mayor Suarez: This aerial...
Mr. Rodriguez: It is here.
Mayor Suarez: ...helps us to visualize.
Mr. Rodriguez: Yeah. That's in your package. It's page number four.
Mr, Gregalot: In... There is a commercial...
197 September 24, 1992
Mayor Suarez: And then, of course, the statement of what is there now and
what they intend to do. If we cannot legally ask what they intend to do that
would be one thing, but so far everybody always tell us.
Commissioner Plummer: You can ask but you can't bind them.
Mr. Rodriguez: You can ask but you cannot hold them to it.
Mayor Suarez: I know we can't bind them.
Mr. Collins: But if you... Even if you rezone it with a covenant, as you've
done in these things, all they've got to do is sell the property and the
covenant is gone.
Commissioner Plummer: No.
Mr. Collins: I've been here when they've done that.
Mayor Suarez: No, no. It's a covenant running with the land, Paul. It's a
covenant running with the land. We...
Mr. Collins: All right. Well, nonetheless...
Commissioner Dawkins: But you are right.
withdraw the covenant...
Mr. Collins: Yeah.
Mayor Suarez: Right. Or modify it.
They do come back and ask us to
Commissioner Dawkins: ...that this Commission withdraw it and it's no longer
existing. You are right.
Mayor Suarez: Or modify it, yeah.
Commissioner Dawkins: All right.
Mr. Collins: Yeah. And incidentally, right across the street from them,
across - What is it? - 26th terrace, on that corner is an abandoned filling
station. I mean, if they want to put a parking lot that's a great place to
put a parking lot.
Mayor Suarez: All right.
Mr. Collins: If you're going to destroy something.
Commissioner Plummer: But it's cheaper to go the other way.
Mr. Fernandez: That property is being developed.
Mayor Suarez: I love all this development. We can always use the tax base
increases, it just seems to have happened all of a sudden, due to the
hurricane maybe.
198 September 24, 1992
Mr. Collins: Well, your tax base increases are going to hurt you...
Mayor Suarez: No, no.
Mr. Collins: ...because as soon as you increase your tax base with changing
that to commercial, you destroy your tax base in destroying the residential.
Mayor Suarez: No, no. I didn't say that. I said that the development that
we're hearing about, within the proper zoning guidelines.
Mr. Collins: Yeah.
Mayor Suarez: That's what they're there for.
Mr. Collins: But this request is just an onerous attempt to begin that
decline of what is a stable...
Mayor Suarez: You're still into your presentation here?
Mr. Collins: Yes. I still think it's a bad idea.
Mayor Suarez: You're still wound up and cranked up and everything else.
Mr. Collins: I'm all gone.
Mayor Suarez: Oh, that's it.
Mr. Collins: OK, Mayor.
Mayor Suarez: All right. Anything further? And then we have to decide.
Mr. Collins: See you this evening.
Mr. Fernandez: No, that's all.
Mayor Suarez: Why are we going to see you this evening?
Mr. Collins: Because I've got another...
Commissioner Plummer: Where are we?
Mayor Suarez: We have to decide. We've heard the arguments for and against.
We've got an idea, visually, what this looks like. Even have...
Commissioner Plummer: PZ-1 is for approval or denial?
Mr. Rodriguez: Recommendation for denial.
Commissioner Plummer: That's by you or by the board?
Mr. Rodriguez: By the Planning Department and by the Planning Board.
Commissioner Plummer: I move to uphold the Planning Board on Item PZ-1.
199 September 24, 1992
j Mayor Suarez: OK. I'll entertain a motion on the item.
Commissioner Plummer: I so move, sir.
Mayor Suarez: Which is the motion?
Commissioner Plummer: To uphold the Planning Board's recommendation of
denial.
Mayor Suarez: All right. So moved. Do we have a second on that motion? Do
we have a second on the motion? Going twice. Not. I'll second the motion.
Commissioner De Yurre: Discussion, Mr. Mayor.
Mayor Suarez: Absolutely.
Commissioner De Yurre: I know this place very well. In fact, I frequent it
regularly. It is true what's being said, there's traffic overflowing into the
parking area. When I go I have trouble finding parking in the 12 spaces that
they have there. It is a good business for the area. It is, practically as
far as I know, the only store... grocery store, in the whole area of Douglas
Road, up and down. And it serves a great need of that community. A further
expansion of what they provide, certainly an upscale or in a new type of
facility with the expansion is something that is needed. And obviously we can
see it by the lack of objection of that whole area. Well, you're talking
about only three reds up there and two gentlemen here today, neither one of
which lives in the immediate area. Certainly that goes to show a lot as to
what the people feel for that business, El Polar, and the service that they
provide to the community. I have to vote against this motion and
hopefully.... you know, hope that we have three votes against because it
would be an injustice to a business that is a vital part of that area and
certainly provides a great service to all.
Commissioner Plummer: Under discussion, in defense of my motion. Neither
does the person that is applying live in the area. After he closed the store,
he goes out to 9680 S.W. 103rd Avenue, and the residents have to stay with the
store after he leaves and goes home. I would favor, if in fact it was to be a
reality, of considering studying one lot deep west of Douglas Road, for the
entire area. I would never, ever consider one lot without the rest.
Commissioner De Yurre: And let me just say, J.L., if you know the grocery
store business and this type of operation...
Commissioner Plummer: No, sir. I don't.
Commissioner De Yurre: The owner is there from seven in the morning until 10
at night...
Mr. Fernandez: Yes.
Commissioner De Yurre: ...and closed down and doesn't go home until...
Mr. Fernandez: Seven days a week.
200 September 24, 1992
He takes care of that business for every minute that
Mr. Fernandez: We're there more than the residents that are in the area.
Vice Mayor Alonso: Any further comments? Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-594
A MOTION TO DENY AGENDA ITEM PZ-1 (PROPOSED FIRST
READING ORDINANCE TO CHANGE THE LAND USE DESIGNATION
OF PROPERTY LOCATED AT APPROXIMATELY 3711 S.W. 26
TERRACE, FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL).
(Note: This motion was later reconsidered by M-92-
602.)
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
------------------------------------------ ------------------- -----------------
43. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 ATLAS AT 3711 S.W.
26TH TERRACE FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Bonzo Enterprises, Inc.) (See label 54).
--------------------------------------------------------------------------- --
Commissioner Plummer: Likewise, on PZ-2.
Mayor Suarez: PZ-2. We need to take a vote on it. So moved. Do you want to
second?
Vice Mayor Alonso: Second, yes.
Mayor Suarez: Second. Call the roll on PZ-2.
201
September 24, 1992
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-595
A MOTION TO DENY AGENDA ITEM PZ-2 (PROPOSED FIRST
READING ORDINANCE AMENDING ORDINANCE 11000 TO REFLECT
A CHANGE IN THE ZONING ATLAS AT 3711 S.W. 26 TERRACE
FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL).
(Note: This motion was later reconsidered by M-92-
602 . )
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
a ABSENT: None.
44. GRANT APPEAL OF VARIANCES DENIED BY ZONING BOARD TO ALLOW A LESSER REAR
YARD SETBACK THAN REQUIRED FOR EXISTING DETACHED OPEN TERRACE,
RECREATION ROOM WITH BATH, UTILITY SHED, ETC. AT 100 N.W. 56TH COURT,
SUBJECT TO PROVISOS (Applicant: Rafael, Zoila & Perla M. Rodriguez).
------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Commissioner Dawkins: The Administration recommends denial on this also?
Mr. Sergio Rodriguez: Yes. We recommend denial and the Zoning Board denied
it.
Commissioner Dawkins: Why?
Commissioner Plummer: Excuse me. Is the applicant here? Seven to one!
Mayor Suarez: 100 N.W. 56th Court.
Commissioner Plummer: That's right off of Flagler Street...
Mayor Suarez: Flagami.
Commissioner Plummer: ...by the cemetery?
202 September 24, 1992
Ms. Matty Hirai (City Clerk): Mr. Mayor, do we swear them? Co we swear them
in now?
Mayor Suarez: Yeah. Just kind of get a handle on what this is about...
Commissioner Plummer! Which...
Mayor Suarez: ...and if we're going to have a full fledged hearing here or
not.
Commissioner Plummer: Yeah, but you know what's amazing to me? Look at the
greenl That means all those people are in favor?
Mayor Suarez: Is there anyone here against the application embodied by PZ-3?
Commissioner Plummer: Sir, what is it you plan on doing there?
Mayor Suarez: Let the record reflect that no one stepped forward.
Vice Mayor Alonso: All the green in favor?
Mayor Suarez: Commissioner Plummer, if you would just give me a chance to
ascertain...
® Commissioner Plummer: Yes, sir.
Mayor Suarez: ...whether we're going to have any discussion or not. Why
don't we... Are you going to ask him questions, J.L.? - because I'll swear
him in. Unfortunately, our Code requires that even if there's no
■
controversy...
Commissioner Plummer: Not unfortunately, sir. It's a good thing.
Mayor Suarez: I'm sorry?
Commissioner Plummer: It's not unfortunate. It's a good thing.
Mayor Suarez: OK.
Commissioner Plummer: Especially if their lawyers, put them under oath.
Mayor Suarez: Particularly since you passed it. All right, sir. Please be
sworn in.
Mr. Rafael Rodriguez: My name is...
Mayor Suarez: No, no. Please be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. R. Rodriguez: Yes.
203 September 24, 1992
r
Mayor Suarez: Before you get wound up into your presentation, you might want
to answer the questions that Commissioner Plummer has, because I don't think
there's anybody that's going to argue against you. And I don't... At least
no one from the general public. Maybe our Planning Staff will.
Unidentified Speaker: PLUMMER QUIERE SABER QUE COSA ES LO QUE TU QUIERES
HACER.
Mr. R. Rodriguez: NO, LO QUE ESTA HECHO. QUE TIENE UNA VARIANTS, UNA
VARIANTE.
Mayor Suarez: Commissioner, what were you going to try to inquire?
Commissioner Plummer: My... Well, sir, it's not a change of zoning. That's
what I'm looking at now. It's a setback problem. My God, but I've never seen
one so serious that had that many people in favor.
Mayor Suarez: Not so serious.
Commissioner Plummer: Well, it is serious, sir, when...
Mayor Suarez: So universally acclaimed and supported.
Commissioner Plummer: Excuse me. It is serious in my estimation, when he
provides one and a half feet when he's supposed to provide twenty.
Mayor Suarez: Oh, I see what you mean by serious.
Commissioner Plummer: And he provides less than one foot when he's to provide
five. And he provides one -twentieth of one foot when he's supposed to provide
five. Sir, if you don't call that serious, I don't know what you call it. I
mean, twenty... What is one -twentieth of a foot? How many inches? A fifth
of a foot...
Mr. S. Rodriguez: Very few.
Unidentified Speaker: Point seventy-five.
Commissioner Plummer: Point seven five inches.
Commissioner Dawkins: Yeah, but the...
Commissioner Plummer: And that's not serious?
Commissioner Dawkins: It's serious but the neighbors don't mind living with
it.
Commissioner Plummer: Well, I'm saying...
Mayor Suarez: Point seven five, learned counselor.
Commissioner Plummer: I have never seen one this heavy that everybody was in
favor.
204 September 24, 1992
Mayor Suarez: One -twentieth?
Commissioner Plummer: He's done his homework.
Mayor Suarez: Something that has 12 inches?
Commissioner Plummer: I didn't say a word.
Mayor Suarez: More like point six.
Commissioner Plummer: Don't get nasty.
Mayor Suarez: All right. Do you want to try him or do want to just throw
your luck up here? Or what do you want to do, sir? What is the
recommendation that you're making and why is it?
Commissioner Plummer: Well, you know what they've got to recommend.
Ms. Lourdes Slazyk: Well, for the record, my name is Lourdes Slazyk from the
Planning Building and the Zoning Department.
Mayor Suarez: Say that again.
Ms. Slazyk: Lourdes Slazyk from the Planning Building and the Zoning
Department. The recommendation from the department...
Mayor Suarez: You're not taking over for McManus who...
Mr. S. Rodriguez: No.
Ms. Slazyk: No.
Mayor Suarez: Who's taking over whom now that Guillermo's gone?
Vice Mayor Alonso: He is taking for Guillermo.
Mr. S. Rodriguez: Mr. McManus is the deputy.
Mr. McManus: And we're giving the planners who follow the cases through the
Zoning Board and Planning Advisory Board the opportunity to...
Mayor Suarez: They come up here and make the presentation and get beat up on.
I mean, get...
Mr. McManus: ...make the presentations.
Mayor Suarez: All right. Very good, Lourdes.
Mr. S. Rodriguez: It's good experience. It builds character.
Commissioner Plummer: Is there any significance of the color of your dress to
the map on the board?
205 September 24, 1992
Ms. Slazyk: The Department recommendation is for denial. There's no hardship
to justify the variance. The addition was built prior to the request for the
variance.
Commissioner Plummer: Is there... May I ask a question? Is there anybody
here in opposition?
Mayor Suarez: We went through that. There is no one.
Commissioner Plummer: There... You know...
Vice Mayor Alonso: When was it built?
Ms. Slazyk: Perhaps the owner could answer that.
Mr. R. Rodriguez: One year ago.
Mr. S. Rodriguez: Yeah. The problem is that we found the building was built
without permit and then we found violations and we took it to the Code
Enforcement Board. The Code Enforcement Board... Remember, Commissioner
Plummer? The Code Enforcement Board found them not in compliance and they
gave them some time to correct the problem. So they applied and tried to
solve the problem administratively. They tried to exhaust all the
administrative procedures and they come before you.
Commissioner Plummer: Mr. Mayor, I will move the approval of item PZ-3,
predicated on the owner establishing that he has made, in compliance with all
Zoning Board rules and regulations and permitting, to establish that this is
in fact a safe structure. I so move.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Mr. Joel Maxwell: Mr. Mayor?
Mayor Suarez: Yes.
Mr. Maxwell: The proper motion here would be to... When reversing the
decision of the Zoning Board...
Mayor Suarez: All right.
Mr. Maxwell: ...and granting the variance...
Commissioner Plummer: Well...
Mr. Maxwell: ...subject to the conditions which you just put...
Commissioner Plummer: To the conditions which I applied, I so move.
Mayor Suarez: So moved.
Mr. S. Rodriguez: Insofar as possible.
206 September 24, 1992
Y
Vice Mayor Alonso: I beg your pardon?
Mr. S. Rodriguez: Insofar as possible. In some cases where the structure has
been already built it's going to be very difficult to establish...
Commissioner Plummer: No, sir. No, no. He must comply with all building
regulations.
Mr. S. Rodriguez: South Florida Building Code.
Commissioner Plummer: Yes, sir. Because absolutely, if nothing has taught us
a lesson after Andrew, I don't think you're going to see an Zoning Board or
Commission voting anything outside of the South Florida Building Code.
Mr. S. Rodriguez: But I want to remind you that it's already built. Unless
they make openings in the wall, and things of that nature, they will not be
able to establish the structure is there.
Commissioner Plummer: Sir, are you...
Vice Mayor Alonso: They can send an engineer to certify that it's...
Commissioner Plummer: That's... That's it. There's no way that I could vote
on this issue as much as I've already made a motion to grant, to allow them to
do anything other than compliance with South Florida Building Codes.
Mr. Maxwell: How do we enforce that?
Commissioner Plummer: That's your job, sir.
Mr. Maxwell: No. What you're asking...
Commissioner Plummer: I'm sorry, Mr. Bad Guy's job.
Mr. Maxwell: Remember this is an after the fact variance you're granting
here. They already have construction in place.
Commissioner Plummer: Yeah, but... OK. Look, I vote and I make a motion to
grant the variance. This building, for whatever reason, is unsafe and
somebody gets hurt. It's on my conscience? No. No. Now, if the building is
safe, then I say to him, "Let him keep the building." But somebody has got to
go in there and establish that this is safe building.
Mr. Maxwell: Now, what should happen then, you should really really defer
this item and have them bring back to you all the necessary inspection
documents you have to...
Commissioner Plummer: Sir, if that's the proper way to do it...
Mr. S. Rodriguez: We get...
Commissioner Plummer: ...then let's do it that way.
207 September 24, 1992
- -
Mr. Maxwell: Don't act on it first.
Mr. S. Rodriguez: We can get it through certification by an engineer that
they hire...
Vice Mayor Alonso: We do it subject to them getting a certificate that it's a
safe structure.
Mr. S. Rodriguez: Right. _
_
Vice Mayor Alonso: Why do we have to make them...
Mr. S. Rodriguez: Right.
Vice Mayor Alonso: ...come back here, take our time and go through the
process?
Mr. S. Rodriguez: I agree with that.
Mr. Maxwell: Do you want to give them 30 days to provide those documents?
Vice Mayor Alonso: Sure. Yeah.
Mr. S. Rodriguez: Within 30 days.
Commissioner Plummer: That's fine.
Vice Mayor Alonso: Or 45 days.
Commissioner Plummer: Whatever is necessary, but they must be in compliance
as a safe structure.
Mayor Suarez: OK.
Commissioner Plummer: That's for his family's sake as well.
Mr. S. Rodriguez: How many days? So we know.
Commissioner Plummer: Whatever it takes.
E
Vice Mayor Alonso: Forty-five is acceptable to you?
Mr. R. Rodriguez: Yes.
Commissioner Plummer: Give him whatever he wants.
Mayor Suarez: Very good.
Vice Mayor Alonso: Maybe even a little bit longer because, you know, the
amount of work that some of these people are having. _
Commissioner Plummer: It's not granted until...
Vice Mayor Alonso: Maybe 60 days. Do you think that's reasonable?
208 September 24, 1992
■
Mr. Maxwell: Give us a time limit. Sixty days for the...
Mr. R. Rodriguez: In 30 DIAS... 30 days? In 30 days because it...
Vice Mayor Alonso: OK. Let's give him 60 days and...
Mayor Suarez: Out she's giving you more. She's giving you more. Grab it.
Around here you've got to grab what you can get.
Mr. S. Rodriguez: Let's... Sixty days.
Vice Mayor Alonso: Yes.
Mr. S. Rodriguez: What about if there's any condition that we find that the
water from this property, that is so close to the next property, spills into
the next person's property.
Mr. R. Rodriguez: Look at the picture right here.
Mayor Suarez: You're doing well. You're doing well, so far.
Vice Mayor Alonso: What they can have, perhaps, is some containers...
Mayor Suarez: Don't get too much into this.
Mr. S. Rodriguez: Contain the water within his own property.
Vice Mayor Alonso: ...in the block of the side so they contain the water
going to the adjacent properties.
Mr. S. Rodriguez: If necessary.
Vice Mayor Alonso: If necessary.
Mr. S. Rodriguez: OK.
Mayor Suarez: All right.
Vice Mayor Alonso: In some instances there is no need for that.
Mayor Suarez: With those provisos we have a motion and a second.
Vice Mayor Alonso: Yes.
Commissioner Plummer: Yes, sir.
Mayor Suarez: ...to reverse the appealed Board recommendation.
Commissioner Plummer: And approved subject to the... what do you call it?
Mayor Suarez: So moved and seconded.
Commissioner Plummer: The provisions.
209
September 24, 1992
i
Mayor Suarez: All of the conditions imposed.
Mr. S. Rodriguez: The South Florida Building Code.
Commissioner Plummer: Yes.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-596
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 49 SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK OF
1.35' (20'-0" REQUIRED) FOR THE EXISTING DETACHED OPEN
TERRACE, RECREATION ROOM WITH BATH, AND UTILITY SHED;
A NORTH YARD SIDE SETBACK OF 0.60' (5'-0" REQUIRED)
FOR THE EXISTING RECREATION ROOM WITH BATH, AND A
SOUTH YARD SIDE SETBACK OF 0.20' (5'-0" REQUIRED) FOR
THE UTILITY SHED, FOR A SINGLE FAMILY RESIDENCE FOR
THE PROPERTY LOCATED AT 100 NORTHWEST 56 COURT, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED R-
2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES;
SAID VARIANCE BEING CONDITIONED UPON THE FOLLOWING:
(1) SUBMITTAL BY THE APPLICANT WITHIN SIXTY (60) DAYS
AFTER THE DATE OF ADOPTION OF THIS RESOLUTION, OF A
PROFESSIONAL ENGINEER'S CERTIFICATION STATING THAT THE
BUILDING IS SAFE; AND (2) CONTINUAL CONTAINMENT OF
WATER RUNOFF WITHIN THE APPLICANT'S PROPERTY; AND
HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Suarez: Did you want a clarification?
210 September 24, 1992
Ms. Beatriz Rivera: Yes. bo I have to state my name?
Mayor Suarez: We're going to deem you an interpreter because you weren't
sworn in. So whatever it is he wants to say, you're just...
Ms. Rivera: OK. What he wants to know is if he has to get the structural
engineer that certifies the area is... He has to get it?
Commissioner Plummer: Yes.
Mayor Suarez: Yes.
Ms. Rivera: OK.
Vice Mayor Alonso: He gets an engineer...
Commissioner Plummer: At his expense.
Vice Mayor Alonso: ...to do the statement saying that it's a safe structure.
Ms. Rivera: OK.
Mayor Suarez: Yeah. We can't afford to take the risk of approving...
Vice Mayor Alonso: Yes.
Ms. Rivera: OK. That's what I explained to him but I just wanted to clarify
that. Thank you.
Mayor Suarez: And then on top of that having to pay for it out of the rather
diluted coffers of the City. OK.
Vice Mayor Alonso: And if he needs some guidance the City of Miami can help.
My office will be happy to help as well.
Mayor Suarez: There you go. We have... Do we need a companion item on that
or not?
Ms. Slazyk: No.
211 September 24, 1992
-iYIIW--+Y Yr iY i---------------------*7!!Y----wYY`----il-------- ii---------
45. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO APPEAL VARIANCES
GRANTED BY ZONING BOARD CONCERNING PROPERTY AT 501-503 N.W. 25TH COURT
(Applicant: Jose A. & Hauda M. Bushdid) (See label 51).
--------------------------------------
Mayor Suarez: PZ-4.
Ms. Lourdes Slazyk: PZ-4 is also a variance for setbacks. This, like the
previous item, is an existing addition to a duplex residence. It was built
without a permit and it is an over -development of this R-2 site.
Mayor Suarez: Is anyone here in opposition to PZ-4, to the application of PZ-
4?
Commissioner Plummer: Is this the same? It was a building that was built?
Ms. Slazyk: Yes, the addition was built without a permit. And now they're
seeking a variance.
Mayor Suarez: Are you in opposition, Mr. Sierra? All right. Swear in the
two, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Jose Bushdid: I do.
Mr. Vicente Sierra: I do.
Mayor Suarez: All right, sir. Proceed as the applicant.
Mr. Bushdid: My name is Jose Bushdid. I live at 501 N.W. 25th Court. That's
the property I own and I live now at 5805 S.W. 131st Terrace.
Mayor Suarez: What is your reason for wanting this...
Mr. Bushdid: OK. I came before the...
Mayor Suarez: ...variance?
Mr. Bushdid: ...Zoning Board twice and I was approved, my petition, because
when I bought this property in 1982 there was already built this addition.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, if I may interrupt.
Usually in appeals, the person that appeals goes first. So, if you want to
have Mr. Sierra first.
Mayor Suarez: All right. We more or less have the statement of where we are
so we'll go back to the correct sequence here, although I don't think that
we're interrupting any particular thought of yours...
212 September 24, 1992
Commissioner Plummer: 0h, this was on an appeal? It was granted that he
appeal?
Mayor Suarez: ...because he stated that he bought the property already in
this kind of condition. Is that what he said?
Vice Mayor Alonso: Yes, that's what he said.
Mr. Sushdid: Yes, sir.
Mayor Suarez: Now, if he bought the property in this kind of condition and we
were to not grant this, what would he have to do? Destroy it?
Mr. Rodriguez: The burden is on the person who buys the property and the
mortgage insurance that he might have, either he would have to comply by
destroying the property and make it comply, or go after the insurance company
that insures that the mortgage is correct and so on.
Mayor Suarez: And that's not an automatic hardship, a hardship per se...
Mr. Rodriguez: No.
Mayor Suarez: ...when you bought something and you didn't know...
Mr. Rodriguez: No.
Mayor Suarez: ...that it had a violation of Code?
Mr. Rodriguez: No. No, sir.
Mayor Suarez: And you might want to address that, Mr. Sierra, as you tell us
why you'd like us to vote against this? Is whether he in fact knew, or should
have known, when he bought the property that he was in violation or whether
that didn't just sort of happen automatically, whether he added to it somehow.
Mr. Sierra: My name is Vicente Sierra. I live at 2637 S.W. 31st Avenue.
Approximately three or four years ago my mother and I bought that property and
we move over there... she moved over there. And we found out after... I'm
talking about the rear.
Mayor Suarez: OK.
Mr. Sierra: My mother lived in the rear.
Mayor Suarez: Directly to the rear of his property?
Mr. Sierra: In the rear of that property. She is directly affected by this
problem. And since then we've found out they have illegal units in the back
and after I researched in the City of Miami records, I found out approximately
20 to 25 feet has been built without permit. And at that time I made a
complaint with the Zoning Inspector to check it out, or the district. And he
found they were illegal units in a duplex zone. Approximately two units were
added to it. The air conditioning units are on three feet from the property
line - my mother's property line. And the solar heater over there, too. At
213 September 24, 1992
E
that time, the reason we made the complaint was because the people who live
there make a lot of problems and they're fighting and they have a police
report over here. Many times the police have gone there. And this thing has
been going for the last two years and when we made the complaint they had a
Code Enforcement case and the Code Enforcement Board found him guilty and then
he had to go to a variance. I appear at the Code... at the Zoning Board, the
last time they had the hearing and they approved it. I begged them, the only
thing I was concerned with... I don't care he use it for whatever he wants to
use it. The only thing I was asking is to make a fence at the back because we
already spent money. I had to move my mother back, she didn't want to go over
there. I tried to sell the property. I had in the last two years, more than
five tenants. The last tenant lived there, she tried to buy the duplex, she
doesn't want it. She already applied for another property. I had a hard time
with that. It cost me a lot of money. And I had to help my mother support.
This 1s the reason I come here tonight to ask you if this gentleman, after he
do all that, I don't care if he has it with nothing. I don't... Whatever he
has in his privilege I don't mind. The only thing I want is for him to make a
fence in the back. Like that I can sell my property and I get rid of that.
Thank you very much.
Commissioner Plummer: Well, let's ask the easy question, sir. Are you
willing to consider building a fence?
Mr. Bushdid: Sir, one question. Let me ask you this.
Vice Mayor Alonso: It seems to be reasonable.
Mr. Bushdid: He says he's been living for four years and he's been
complaining.
Commissioner Plummer: Wait a minute. Excuse me, sir. I ask the questions.
You give the answers.
Mr. Bushdid: I was...
Commissioner Plummer: Have you considered... Are you willing to consider
building the fence as your neighbor has requested?
Mr. Bushdid: What... The neighbor never requested that. He requested it
now.
Commissioner Plummer: He is now.
Vice Mayor Alonso: But he's doing it now.
Mr. Bushdid: OK. It has a fence right now.
Vice Mayor Alonso: That's what he wants.
Mr. Bushdid: And they have bushes that I can show you some pictures what the
property looks like.
Mayor Suarez: Well, maybe we should do it this way. We might be inclined to
go with...
214 September 24, 1992
k
Vice Mayor Alonso: Let me see the pictures.
Mayor Suarez: ...his argument unless you are ready to acquiesce to his
request for whatever it is he's requesting, which apparently must be more than
what is there. What is the difference between what is there and what you're
requesting, Vicente?
Commissioner Plummer: Oh, you've got to be kidding. We're on Item 4.
Vice Mayor Alonso: This is his property?
Mr. Sierra: That's his property. He's got a and this is my
property.
Commissioner Plummer: I'm sorry.
Mayor Suarez: All right.
Commissioner Plummer: Well, obviously...
Mr. Sierra: Actually, this is...
Commissioner Plummer: Wait, wait. Let's try to cut through this, huh?
Mr. Rodriguez: He wants a wall.
Commissioner Plummer: The fence that's there...
Mayor Suarez: Oh, he wants a wall. He wants a wall.
Commissioner Plummer: There is a fence there.
Mr. Rodriguez: He wants a wall that he's calling a fence.
Commissioner Plummer: ...is not what he wants. Now, the question is are you
willing to build a wall of some sort there which obviously he wants to hide?
Mr. Sierra: It's an eyesore. You can see over there.
Commissioner Plummer: And if that's the case and you're willing to do that
then I think...
Mr. Sierra: My...
Commissioner Plummer: ...we've got it. It's done, over. And that's it.
Mr. Bushdid: Let me ask a question. He has also a lot of
things more worse than mine? Why do I have to buil my own fence
Mayor Suarez: First of all. You're not on the record.
not sure it's relevant. But he's saying...
Second of all, I'm
215 September 24, 1992
Vice Mayor Alonso: Well, lei me give you a piece of advice. if I may, Mr.
Mayor. You have an addition that is illegal.
Mr. Bushdid: Yes, ma'am.
Vice Mayor Alonso: It is very close to the adjacent property. Now we have
the neighbor coming here and saying, "I have no problems. All I want is a
wall." It seems to me reasonable, if you want to maintain what you have that,
first of all, was illegal, is illegal. I think it would be more than
reasonable from him to request that and for you to comply. And for my vote,
you'd better go along with that because it seems to me that it's very
reasonable the request of the neighbor.
Mr. Bushdid: I will put a wood fence in the back. He doesn't want it.
Mr. Sierra: Because you know what happens? When the fighting starts there...
Mr. Bushdid: What fighting? I mean, what's the fighting?
Mayor Suarez: Wait, wait. Now, he didn't interrupt you so, please...
Mr. Sierra: People fight there. We have over there five police reports. Mr.
Plummer, you can see over there.
Commissioner Plummer: I saw.
Mr. Sierra: And that... I went to the Police Station and they told me, many
times the police when they don't have any case, they don't make any... they
don't file.
Mayor Suarez: What kind of... Are you talking about fighting by the tenants
that are there?
Mr. Sierra: But it's a tot of times they go over there.
Mayor Suarez: Or the people that are there in that...
Mr. Sierra: Fighting battles, bad words and big fighting.
Mayor Suarez: Bed wars?
Mr. Sierra: Bad... Yeah. They talk bad and they...
Mayor Suarez: Oh, bad words?
Mr. Sierra: Yeah.
Mayor Suarez: OK.
Commissioner Plummer: Well...
Mayor Suarez: We've got some obscene language emanating...
Mr. Sierra: No shooting. No shooting.
216 September 24, 1992
i
Mayor Suarez: ...from the adjacent property so build me a wall.
Commissioner Plummer: Sir...
Mayor Suarez: Not bad. Not bad. I like it.
Mr. Sierra: The wall.
Commissioner Plummer: Sir, just for your information. According to the
police report, part of these are break-ins. They are not disturbances.
Mr. Sierra: There was a... Yeah. They found a... One of the times they
told me, they stole around, I don't know what, and they went over there and
they found something - stolen merchandise or whatever.
Commissioner Plummer: Yeah.
Mr. Sierra: I don't... Really and truly, I don't mind who lives there. The
only thing I want is a wall, like that, preventing, 1n case of any shooting,
the other people in the back don't be afraid. They told me
. A wood fence costs maybe two or three hundred dollars.
Mayor Suarez: Who lives there?
Mr. Sierra: Do you know how many feet...
Vice Mayor Alonso: We'd better take a look...
Mr. Bushdid: I usually live there... I live...
Mayor Suarez: Wait, wait, sir. Now, just as long as you're talking about
shooting, we ought to find out who lives there.
Mr. Bushdid: I lived there before.
Mayor Suarez: But who lives there now?
Mr. Bushdid: There's nobody living there since November.
Mayor Suarez: For a year.
Mr. Bushdid: For one... From November everything is empty there.
Mr. Sierra: It's empty.
Mayor Suarez: Who...
Mr. Sierra: Until this thing happened and then he will rent it again.
Mr. Bushdid: Well, he...
Mayor Suarez: All right. We're back to where we were. Why don't we take a
half-hour, table this item. You two talk. No shooting, please. If you work
217 September 24, 1992
•
it out that... But I have to tell you, sir, that we are inclined to acquiesce
with whatever he's requesting. You're in violation. We're trying to allow
,you to continue with that property in that kind of a violation. He wants a
wal1.
Commissioner Plummer: Well...
Mayor Suarez: He says that the house next door is...
Commissioner Plummer: Can I ask a question?
Mayor Suarez: ...disruptive of his peace. That seems reasonable. So, maybe
you ought to try to negotiate with him.
Commissioner Plummer: Give me an estimated cost of what a wall would cost.
Give me a round number. I mean, a ball park number.
Mayor Suarez: It's on a large linear distance there.
Mr. Bushdid: Fifty feet.
Vice Mayor Alonso: Fifty feet.
Mr. Sierra: It's around 50 feet by eight feet high.
Commissioner Plummer: No. Not eight feet high. That's a spite wall.
Mayor Suarez: He doesn't like the eight feet.
Mr. Sierra: No. It's not spite.
Commissioner Plummer: No, the bullets don't go over this way. No, no.
Mr. Sierra: It's an action we require.
Mr. Rodriguez: I would say, approximately, if it is eight feet high, a fifty
foot wall, it would be $400 or so.
Mr. Sierra: How much?
Commissioner Plummer: What?
Mr. Rodriguez: Wait, wait. Five eighty forty...
Mr. Bushdid: What?
Mr. Sierra: A chain.link...
Commissioner Plummer: Not even before Andrew.
Mr. Rodriguez: Wait, wait. No, I'm sorry. $4,000. I skipped one zero.
Commissioner Plummer: And if it was six foot?
218 September 24, 1992
Mr. Rodriguez: "three thousand.
Mr. Sierra: The problem is there that...
Mayor Suarez: No, no. We've heard enough on the item of the wall and the
shootings.
Commissioner Plummer: Well, what I'm trying to lay is a predicate, Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: You're going to send them out to discuss the issue.
Mayor Suarez: Right.
Commissioner Plummer: I think this gentleman needs to know that, not
necessarily my vote, but others that I've heard here this evening... Here's
your real alternative. You've got the chance of putting up a six foot wall.
I will not vote for an eight foot wall. That's a spite wall between
residential neighborhoods. My colleagues might. But your alternative is
this: to put up the wall for $3,000 or you will be forced to tear down that
which is illegal. Now, that's really what you're looking at so let's don't
kid each other.
Mayor Suarez: All right.
Mr. Bushdid: I would not mind but let me ask you a question. I've got my
neighbors with a wood fence. What's the difference between a
wood fence... I mean if he wants...
Mayor Suarez: Are they in violation? Is your neighbor in violation of...
Mr. Bushdid: Oh, there must be a lot of violations there.
Mayor Suarez: ...the setback?
Commissioner Plummer: I...
Mayor Suarez: Well, I can't tell from the pictures. I'm just asking if...
Mr. Sierra: He lives in Coco Plum or Gables by the Sea. That is the
difference.
Mayor Suarez: You maybe ought to file some kind of complaint with our Code
Enforcement.
Mr. Bushdid: No, no. I just want to put up a good fence there.
Commissioner Plummer: Well...
Mayor Suarez: All right. But it sounds like he wants something a little bit
bigger than a wood...
Commissioner Plummer: The point is you don't have to put a wall up at all.
219 September 24, 1992
Mayor Suarez: Right.
.
Commissioner Plumper. There's no requirement that you do, between residences.
All right.
Mayor Suarez: All right. We're going to table the item. Sirs, why don't you
meet and come back and tell us hopefully that you've got some kind of an
agreement.
Commissioner Plummer: I think...
Mayor Suarez: If not, we'll decide it.
Commissioner Plummer: I think you'd better assign a mediator.
Mr. Bushdid: No, outside.
Commissioner Plummer: I think that would be very advisable, Mr. Mayor.
Mr. Sierra: That's been... That has been discussed before...
a Mayor Suarez: No, no. Wait, wait. We're doing it right now. There he is
right there, Joe Genuardi. He's all yours. Only for a half hour or so. You
must have them back after that.
------------- ---------------------------------------------- -------------------
46. AMEND PREVIOUSLY APPROVED DEVELOPMENT ORDER FOR BRICKELL SQUARE PROJECT
PHASES II & III (DRI) -- AMEND CONDITION 27 CHANGING START AND
COMPLETION DATES FOR PHASE II -- AMEND CONDITION 28d TO CHANGE
TERMINATION DATE OF DEVELOPMENT ORDER -- CHANGE NAME OF APPLICANT TO
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES -- DESIGNATE
MAXIMUM NUMBER OF PARKING SPACES, etc. (Applicant: Equitable Life
Assurance Society of the United States).
------------------------------------------------------------------------------
Mayor Suarez: All right. Item PZ-5. Is that correct?
Mr. Joe McManus: Mr. Mayor and members of the Commission...
Commissioner Dawkins: That's approved by everybody. Move.
Mr. McManus: Item PZ-5 is a non -controversial item and has to do with...
Commissioner Dawkins: Move it.
Mr. McManus: ...the Brickell Square Project.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
220 September 24, 1992
W
Mayor Suarez: Seconded. Any discussion? if not, please...
Commissioner Plummer: Wait, wait, wait.
Mayor Suarez: Please wait.
Commissioner Plummer: Wait, wait. Who's...
Mr. McManus: It's the...
Commissioner Plummer: What was this for?
Mr. McManus: There was a Brickell Square Project on the corner of S.W. 8th
and...
Commissioner Plummer: And this is asking for a delay?
Mr. McManus: A continuation to preserve their rights in phase two and three.
Commissioner Plummer: Yeah. But don't be in a hurry. Mrs. Dougherty might
want to have something to say.
Vice Mayor Alonso: She was afraid of that.
Commissioner Plummer: Give her the opportunity to earn her fee. How are you
today?
Ms. Lucia Dougherty: Lucia Dougherty, 1221 Brickell Avenue.
Commissioner Plummer: Nice to see you.
Ms. Dougherty: Thank you very much.
Commissioner Plummer: Would you like to say something in reference to your
applicant?
Ms. Dougherty: Yes, sir.
Commissioner Plummer: That's what I thought.
Ms. Dougherty: Even though you have already required us to pay $1,200,000
into the Housing Affordable Trust Fund, we would also like to...
Commissioner Plummer: We want you to know how many appreciate that.
Ms. Dougherty We would also like to proffer $5,000 to whatever...
Commissioner Plummer: I would be happy to move Item 5.
Mayor Suarez: So moved.
Ms. Dougherty: Thank you very much.
Mayor Suarez: Seconded by the Vice Mayor. I'll deem that...
221 September 24, 1992
Comissioner Plummer: See how easy that was?
Mr. McManus: What did he do?
Mayor Suarez: ...very gracious laughter to be a second.
Commissioner Plummer: Of course.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plumper, who
moved its adoption:
RESOLUTION NO. 92-597
A RESOLUTION, WITH ATTACHMENTS, AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION 85-1060,
ADOPTED OCTOBER 10, 19859 AS AMENDED BY RESOLUTION 89-
410, ADOPTED APRIL 27, 1989, ATTACHED) FOR THE
BRICKELL SQUARE PROJECT, PHASES II AND III, LOCATED AT
APPROXIMATELY 845-999 BRICKELL AVENUE, A DEVELOPMENT
OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06,
FLORIDA STATUTES, AND A MAJOR USE PURSUANT TO ZONING
ORDINANCE NO. 9500, BY: AMENDING CONDITION 27 OF SAID
DEVELOPMENT ORDER BY CHANGING THE COMMENCEMENT OF
PHASE II TO MAY, 1996 AND PROVIDING FOR A COMPLETION
DATE OF DECEMBER 2000, AND PHASE III TO DECEMBER 1999,
AND PROVIDING FOR A NEW COMPLETION DATE OF THE PROJECT
TO DECEMBER 2000 (FROM PREVIOUS DATES OF NOVEMBER
1991, OF JUNE 1995, AND 1997, RESPECTIVELY); BY
REVISING FIGURE 1 TIMELINE ACCORDINGLY; BY AMENDING
CONDITION 280 TO CHANGE THE TERMINATION DATE OF THE
DEVELOPMENT ORDER TO DECEMBER 31, 2001, FROM DECEMBER
1996; BY CHANGING THE NAME OF THE APPLICANT TO
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES;
BY AMENDING CONDITION 1 TO PROVIDE THAT THE MAXIMUM
NUMBER OF ONSITE PARKING SPACES SHALL NOT EXCEED
1,622; BY AMENDING AND EXTENDING THE MAJOR USE SPECIAL
PERMIT IDENTICALLY; FURTHER FINDING AND CONFIRMING
THAT SAID CHANGES DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION AS WELL AS ADDITIONAL FINDINGS, AND
INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
RESOLUTION TO THE HEREIN NAMED PERSON; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
222
September 24, 1992
7A
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: With a handful of howdy, and a mouth full of much
obliged, I vote yes.
47. VACATE AND CLOSE PORTION OF N.E. 4TH STREET BETWEEN N. MIAMI AVENUE AND
N.E. 1ST AVENUE -- AS CONDITION OF TENTATIVE PLAT NO. 1430-A FEDERAL
BUREAU OF PRISONS (Applicant: Bureau of Prisons, U.S. Department of
Justice).
------------------------------------------------------------------------------
Mayor Suarez: PZ-6. Street vacation and closure.
Mr. Jim Kay: This is the official vacation closure of N.E. 4th Street...
Commissioner Plummer: Ohl Bureau of Prisons.
Mr. Kay: ...between Miami Avenue, North Miami Avenue and N.E. 1st Avenue and
portions of Miami Avenue and 1st Avenue.
Mayor Suarez: We got a very nice letter request from one of the higher-ups in
the Department of Justice, I gather. Or is it G.S.A.?
Unidentified Speaker: Department of Justice.
Mayor Suarez: Department of Justice. And he pointed out, or she pointed out
correctly that this item has been on our agenda probably once or twice and we
postponed it. And it's high time that we get on with this project. So, if
anybody has any questions...
Commissioner Plummer: The only question I have is not one, but for
regulations. Can I ask why the Planning and Building, the Zoning Department
did not make a comment? Are they scared because it's a prison?
Mr. Sergio Rodriguez (Assistant City Manager): No, we have nothing to hide.
Commissioner Plummer: Why didn't... I've never seen you don't... You either
recommend...
Mr. Rodriguez: We don't... No.
Commissioner Plummer: ...or you don't.
223 September 24, 1992
M
A
Mr. Rodriguez: We don't...
Commissioner Plummer: And here you don't make any comment.
Mr. Rodriguez: to cases of plat and Street Committee we never make comments.
You've never noticed before but this is basically handled by Public Works.
Commissioner Plummer: Wells sir, is it a good zoning application...
Mr. Rodriguez: It's not a zoning application.
Commissioner Plummer: ...or is it a bad zoning application?
Mr. Rodriguez: It's on a zoning application. It's a street closure. And if
you want to hear my opinion...
Commissioner Plummer: Is it good for the public...
Mr. Rodriguez: It's good.
Commissioner Plummer: ...or is it bad for the public?
Mr. Rodriguez: If you want a recommendation, yeah, it's good. I think it's
excellent.
Commissioner Plummer: Thank you, sir. I just never saw an item where you
didn't take the opportunity to comment.
Mr. Rodriguez: I never volunteer.
Commissioner Plummer: Move item 6, if anybody hasn't.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
224
September 24, 1992
0
11
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-598
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBIC USE OF THAT PORTION OF
NORTHEAST 4TH STREET BETWEEN NORTH MIAMI AVENUE AND
NORTHEAST 1ST AVENUE, FOR A DISTANCE OF APPROXIMATELY
490', THE EAST 10' OF THAT PORTION OF NORTH MIAMI
AVENUE BETWEEN NORTHEAST 5TH STREET AND NORTHEAST 4TH
STREET, FOR A DISTANCE OF APPROXIMATELY 3081, AND THE
SOUTH 10' OF THAT PORTION OF NORTHEAST 5TH STREET
BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 1ST AVENUE,
FOR A DISTANCE OF APPROXIMATELY 80' SAID ACTION BEING
A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO.
1430-A "FEDERAL BUREAU OF PRISONS".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
48. VACATE AND CLOSE PORTION OF N.E. 2ND COURT, LYING BETWEEN SOUTH RIGHT-
OF-WAY (ROW) LINE OF N.E. 23RD STREET AND NORTH ROW OF N.E. 22ND STREET,
AND ALL THE 10 FOOT ALLEYS CONTAINED WITHIN BLOCKS 10 AND 14 OF
EDGEWATER SUBDIVISION (2-13), AS CONDITION OF APPROVAL OF TENTATIVE PLAT
NO. 1411-A TERRANOVA BISCAYNE (Applicant: Simkins Industries Inc. /
Westfield Financial Corp.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-7.
Mr. Jim Kay: PZ-7 is also a vacation and closure in connection with the plat
of Terranova, Biscayne. It comes with the Plat Street Committee approval.
However, this item was heard as a public hearing before the Zoning Board and
this item was disapproved seven to one.
Mayor Suarez: Is there anyone here against PZ-7?
225 September 24, 1992
t
Commissioner Dawkins: Again, from the... Mr...
Mayor Suarez: Let the record reflect no one stepped forward. OK.
Commissioner Dawkins.
Commissioner Dawkins: Mr. Rodriguez?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Commissioner Dawkins: Again, the Planning and Zoning Board, voted seven to
one to deny and again, you say no comment.
Mr. Rodriguez: I was trying to explain to Commissioner Plummer. We never in
the past have made any comments on closures of a street. If you want to, from
now on we can do it. Our recommendation in this particular case is that, yes,
you should approve it?
Vice Mayor Alonso: Approve?
Mr. Rodriguez: Yes.
Commissioner Dawkins: Well, at least you ought to say that. Then don't say,
"No comment," because you are saying, "Approve it."
Mr. Rodriguez: Because you're asking me now. We don't usually make a
recommendation. This is handled by the Plat and Street Committee, which is
legally meeting on these issues to make a recommendation to you.
Commissioner Plummer: Well...
Mr. Rodriguez: It's a different way of handling items than a zoning change.
This is not a zoning change.
Commissioner Plummer: To my colleague... -
Vice Mayor Alonso: The Zoning Board... I'm sorry.
Commissioner Plummer: To my...
Vice Mayor Alonso: Why the Zoning Board voted seven against?
Mr. Rodriguez: They get... I believe it is in the Code. That was way before
my time over here. I don't know.
Commissioner Plummer: Well, the point I was trying to make is that street
closures and plats are a matter of right. It is only a matter to be
deferred... I'm sorry, to be denied number one, if it's not both of the same
side of the street as the property owners or if in fact there is a problem
relating to utilities, or fire accessibility, police, and sanitation. If
that's a problem, then they can come in and say that they have objections to a
replat or a street closure. And I think they should do that. I've always
taken on an attitude that if they did not comment on a street closure or a
plat that it was "silence gives consent." And I'm assuming in this case there
is no objection to it.
226 September 24, 1992
Mr. Rodriguez: Yeah. The only thing I can tell you, 1 received a letter from
Judy Clark on this and in her letter - and I would like to put this on the
record - she has, after a long explanation of items, at the ends she says
"Bottom line suggestions, close the street." She's supporting that. Give
general approval to the proposal. She supports that. She's concerned what
will happen in the future, you know, if... when this is developed. But I
guess special that point is when it will eto h
permit, or it will be reviewed the Department n artment beforeo either d othere will s
pecialbe
some conditions imposed.
Commissioner Plummer: Can you give us insight as to why the Zoning Board
voted a denial?
Mr. Kay: The Zoning Board cited, of course, the public interest requirement
and they felt that 1t was too much land to be given over. That was the...
Commissioner Plummer: To be what?
Mr. Kay: Too much land. In other words, too much... The felt it was too
much right-of-way to be turned over to the applicant. That was the...
Commissioner Plummer: Does the applicant own...
Mr. Kay: ...reason they gave.
Commissioner Plummer: ...in all instances in this application, both sides of
the street?
Mr. Kay: Yes. The applicant does.
Commissioner Plummer: And I'm assuming the reason they're trying to amass it
is for a greater development?
Mr. Kay: That's correct.
Commissioner Plummer: And is that negative?
Vice Mayor Alonso: It's positive.
Mr. Kay: No, not in my...
Vice Mayor Alonso: And the people in the neighborhood, they want it.
Mr. Rodriguez: Especially in that area. In my opinion, that's an area that
we're trying to improve.
Commissioner Plummer: So...
Vice Mayor Alonso: They want it so, let's move. OK?
Commissioner Dawkins: Before you move, I've got one more thing to say.
Mayor Suarez: So moved. Commissioner Dawkins.
227 September 24, 1992
A
Commissioner Dawkins: OK. It's moved and seconded, right?
Mayor Suarez: Yeah.
Commissioner Dawkins: OK.
Mayor Suarez: Well, moved. Accept your second.
Commissioner Dawkins: Mr. Rodriguez, I want to see something in there. I
don't want to see "no comment."
Mr. Rodriguez: OK. In the future we will do that.
Commissioner Dawkins: Because when I vote, I usually say, "I vote with a
recommendation of staff."
Mr. Rodriguez: OK.
Commissioner Dawkins: And when it says "no comment," I don't have anything to
vote on.
Mr. Rodriguez: Well, in this particular case, the recommendation...
Commissioner Plummer: How about "no staff"?
Commissioner Dawkins: I don't care. I'm telling you what I look for from
this day on.
Mr. Rodriguez: Oh, no. OK. But I want to clarify for the record that you
have a recommendation from the staff. It's...
Commissioner Dawkins: I said when I vote, I usually say, "I vote with the
recommendation of staff."
Mr. Rodriguez: Right.
Commissioner Dawkins: The Planning Board is a must be a part of staff,
because you've got it on here. The Planning Advisory Board must be a part.
The Historic Preservation Board, I don't agree with them, so that doesn't
matter. Plat and Street Committee says approved.
Mr. Rodriguez: Right. That's the one I mentioned.
Commissioner Dawkins: And then I use all of that to arrive at my decision.
Mr. Rodriguez: OK. So in the future we will make a recommendation on that.
Commissioner Dawkins: Thank you, sir.
Mayor Suarez: All right. We have a motion and a second. Any discussion? If
not, please call the roll.
Commissioner Plummer: Wait, wait, wait, wait, wait.
228 September 24, 1992
Mayor Suarez: Wait, wait, wait, wait, wait. Yes. We wait. Do you want to
see how splendid they can be? Is that what you're looking for? How generous?
Commissioner Plummer: There's an awful dead silence in this room.
Ms. Lucia Dougherty: Commissioner Plummer.
Commissioner Plummer: Yes, ma'am.
Ms. Dougherty: This applicant, although it will be spending $45,000 to
improve the area, another $200,000 for the improvements and relocating the
sewer and utilities, we'd also like to proffer $5,000 to the City of Miami.
Commissioner Plummer: Such sweet music.
Mayor Suarez: All right. So, with that very, very voluntary, generous
pledge...
Commissioner Plummer: Mr. Mayor, just for the edification...
Mayor Suarez: ...was not at all related to...
Commissioner Plummer: ...of all of the people here that I read about one time
that plucked $5,000 out of a developer. These monies are not going to anybody
up here. They're going into a fund to buy, upgrade and maintain the parks
system of this City.
Commissioner Dawkins: It is negative.
Commissioner Plummer: The developers are, in fact, gaining something. Let
the citizens of this City gain something and that's where these monies are
going so I think you need to know that.
Mayor Suarez: Very good. All right, call the roll.
229 September 24, 1992
The following resolution was introduced by Vice Mayor Alonso, who moved
its adoption:
RESOLUTION NO. 92-599
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHEAST 2ND COURT, LYING BETWEEN THE SOUTH RIGHT-OF-
WAY LINE OF NORTHEAST 23RD STREET AND THE NORTH RIGHT-
OF-WAY OF NORTHEAST 22ND STREET, FOR THE PROPERTY
LOCATED AT APPROXIMATELY BISCAYNE BOULEVARD, NORTHEAST
2ND AVENUE, NORTHEAST 22ND AND 23RD STREETS, MIAMI,
FLORIDA, FOR A DISTANCE OF APPROXIMATELY 319.941; AND
ALL THE TEN (10) FOOT ALLEYS CONTAINED WITHIN BLOCKS
10 AND 14 OF EDGEWATER SUBDIVISION, SAID ACTION BEING
A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO.
1411-A "TERRANOVA BISCAYNE".
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
49. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
327-345 N.E. 2ND AVENUE AND 211 N.E. 3RD STREET FROM G/I GOVERNMENT
INSTITUTIONAL TO CBD CENTRAL BUSINESS DISTRICT (Applicant: Planning,
Building S Zoning Dept.).
Mayor Suarez: PZ-8?
Ms. Lourdes Slazyk: OK. PZ-8 is a request for a zoning change downtown. The
subject property was inadvertently rezoned from CBD (Central Business
District) to G/I (Governmental Institutional) during the comprehensive
Citywide amendment to the atlas.
Commissioner Plummer: Who is the applicant?
Ms. Slazyk: The property was... The City, the City. This is in compliance
with the land use... the Comprehensive Land use Plan. The property was under
negotiations...
230 September 24, 1992
Commissioner Plummer: G/I?
Ms. Slazyk: ..*to be purchased by Miami -Dade Community College and was
rezoned as part of the rezoning of the college, but the purchase never went
through.
Mayor Suarez,. Is there anyone here in opposition to this item? Let the
record reflect no one stepped forward. I'll entertain a motion on it.
Apparently this was kind of...
Vice Mayor Alonso: Move it.
Commissioner Plummer: No, the only question I have, Mr. Mayor is, how does
this benefit the citizens of this City? I understand how it benefits the
college.
Mr. Sergio Rodriguez (Assistant City Manager): No.
Mayor Suarez: We made a mistake. That's a...
Vice Mayor Alonso: It's a correction.
Mr. Rodriguez: We zoned the property for use by Government use, because it
was going to be bought by the Community College. The Community College is not
buying that. We're going back to CBD, which is a higher zoning category...
Commissioner Plummer: So, it's going back on the tax rolls?
Mr. Rodriguez: ...higher tax.
Ms. Slazyk: It's the original zoning. Yeah.
Mr. Rodriguez: Yeah. Yes.
Commissioner Plummer: Very good.
Mayor Suarez: OK. So moved.
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded by Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Mr. Maxwell: This is an ordinance.
Mayor Suarez: Read the ordinance. Call the roll.
231 September 24, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM G/I GOVERNMENT INSTITUTIONAL TO
CBD CENTRAL BUSINESS DISTRICT, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 327-345 NORTHEAST 2ND STREET
AND 211 NORTHEAST 3RD STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERA81LITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
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.
-------------------------------------------------------------------------------
50. APPROVE SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF SURFACE PARKING LOT
TO SERVE BUSINESS LOCATED ON ABUTTING COMMERCIAL DISTRICT (2301 S.W. 8TH
STREET) (Applicant: Consolidated Bank and Home & Bible School).
Mayor Suarez: Item 9.
Mr. Joe McManus: On PZ-9, this particular property is in...
Mayor Suarez: Is the applicant...
Mr. McManus: ...is special...
Mayor Suarez: ...the Consolidated Bank and Home & Bible School, or is that
two different applicants, sort of together?
Mr. McManus: It's two separate applicants.
Mayor Suarez: Ah. So the Consolidated Bank is not now named the Home & Bible
School too.
232 September 24, 1992
Commissioner Plummer: Well, 1 think Consolidated Bank are the owners, right?
Mr. McManus: No. 1 think there's...
Mayor Suarez: They're two joint applications. All right.
Mr. McManus: There's a separate lot there. The special exception will allow
the construction of a surface parking lot on the back lot, facing out on
Seventh Street. As you recall, this is the... The lots on Eighth Street are
the old Sheehan Buick site. Now, this Commission, in 1992 by Resolution 92-
449 designated the area of S.W. Eighth Street, between 17th Avenue and 27th
Avenue as the Little Havana Art District. It's all the way along there on
Eighth Street. So, the proposal is to provide parking for a new commercial
use, Pep Boys, on Eighth Street. Now, our...
Mayor Suarez: What is our designating it, whatever we designated it...
Vice Mayor Alonso: Very painful.
Mayor Suarez: ...have to do with them needing parking here?
Mr. McManus: What?
Commissioner Plummer: Well, wait.
Mr. McManus: This is a required...
Commissioner Plummer: Can I ask... Excuse me. Why am I thinking Home &
Bible School? Is that the commercial venture that you're speaking of?
Mr. McManus: I think they might own one or two lots.
Commissioner Plummer: Well, what is proposed to go there? Is it a Bible
school?
Vice Mayor Alonso: That.
Mr. McManus: No, the parking lot.
Mayor Suarez: Well, I...
Mr. Rodriguez: Both are the applicants.
Mr. McManus: The parking lot for Pep Boys out on eighth...
Mr. Rodriguez: The owners.
Commissioner Plummer: But where is Home & Bible School come into the picture?
Commissioner Dawkins: Mt. Dora, Florida.
Mayor Suarez: They're just property owners.
233 September 24, 1992
Ms. Lucia Dougherty: They're part owners.
Mr. McManus: They're part owners.
Mr. Rodriguez: Ownership.
Mr. McManus: They're selling.
Mayor Suarez: Obviously, they're going to be transferring the property to
this use for, you know... Why is this an issue? I mean, why did S.W. Eighth
Street, at that area...
Mr. Rodriguez: What it...
Mayor Suarez: ...isn't it for this kind of development or not?
Mr. McManus: What we're...
Vice Mayor Alonso: Well, we wanted something different, but... Very painful.
Mr. McManus: What we're trying to say is we...
Mayor Suarez: We were hoping for something different.
Vice Mayor Alonso: Yes. Very painful.
Mr. McManus: We're trying to encourage restaurant tourism use. We have the
restaurants along S.W. Eighth Street there and the related tourist use. If
you approve this parking for Pep Boys, you are approving an auto related use
which we think does not...
Mayor Suarez: We were encouraging restaurant and what?
Mr. McManus: We are... You passed a resolution encouraging the Little Havana
Art District - art galleries, restaurants, and tourist related uses. To
propose... the Sheehan Buick site...
Vice Mayor Alonso: We want hotels. We want...
Mayor Suarez: That's lovely. We'd love to see all of that.
Vice Mayor Alonso: Yes.
Mayor Suarez: But that didn't imply that we were going to prevent some of
this happening.
Mr. McManus: OK. Pep Boys...
Mayor Suarez: I don't think.
Mr. McManus: ...is an auto related use on Eighth Street.
Vice Mayor Alonso: He's excited about this.
234 September 24, 1992
Mr. McManus: The request is for the parking lot back on Seventh Street.
Mayor Suarez: I want to see development. You know, I mean, I want to see our
tax base go up in that area.
Mr. McManus: We're just pointing...
Mayor Suarez: that area is commercial. Yeah.
Mr. McManus: We're just trying to point out to you what we thought your
policy was and we're trying to follow it and we recommend a denial.
Mayor Suarez: But how did we build that policy into law? I don't understand
it. Why are they here?
Mr. Rodriguez: It's not law. You have... They don't have a right to do
this. Otherwise, they wouldn't be here. They would be getting a building
permit.
Mayor Suarez: Why don't they have a right to be here?
Mr. Rodriguez: So they're here before you...
Mayor Suarez: Why don't they have a right to be here?
Mr. Rodriguez: No. I mean...
Vice Mayor Alonso: Oh, they have a right to be here.
Mayor Suarez: I mean, why don't they have a right to build this?
Mr. Rodriguez: Because if they have by right...
Mayor Suarez: Why don't they have a right to build this?
Mr. Rodriguez: ...the opportunity to do this they would just pull a permit.
The reason they are here is because they need to get something to you, from
the Commission, to get approval.
Mayor Suarez: Well, thank you very much. I figured all that.
Mr. Rodriguez: Right.
Mayor Suarez: Why don't they have a right to build that in a commercial are,
a commercial strip of Miami?
Mr. Rodriguez: They could build it in commercial area that they own along
Eighth Street.
Mayor Suarez: Right.
Mr. Rodriguez: They want to use the property behind that...
Mayor Suarez: The lots behind.
235 September 24, 1992
{
i
Mr. Rodriguez: ...which is...
Mr. McManus: Facing seventh.
Mr. Rodriguez: ...which is not C-1, it's not commercial for this. And so
they are getting a privilege from you all and that's why they're here.
Mayor Suarez: So that doesn't have all that much to do with the arts and
tourism district. It has to do with the...
Mr. Rodriguez: Well, the point, I think, that we were trying to make is if
you look at the area we have a concentration of high class restaurants
developing in the area, you know. We have Casa Juancho, Meson de Castilla,
Centro Vazco, Casablanca, and so on, in this particular area. They have been
an area in which you see, when you get tourists to the area, basically, in
Little Havana, this is an area where they basically go. And if we were to
continue having that, we would have the makings of an area that would be more
attractive to tourists. And I think having a place where they change your oil
and change your filter...
Vice Mayor Alonso: It's not that exciting.
Mr. Rodriguez: ...is not exactly in the same character that we were trying to
pursue in the area.
Mayor Suarez: I'm not sure of the interplay of that with this but maybe
counsel will clarify. Do we have anyone opposing this?
Vice Mayor Alonso: People don't even know about this.
Mayor Suarez: OK. Let's at least get her sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Lucia Dougherty: I do. Mr. Mayor, members of the Commission, Lucia
Dougherty, with law offices at 1221 Brickell Avenue. Just to clarify
something. The use of this as a retail store which, of course, we are
proposing, is permitted on the S.W. Eighth Street lots and but for the fact
that we are seeking a special exception for the parking behind, which is
permitted by special exception in the SD-12; and if I showed you the
photograph that I passed out to you just a minute ago, Sheehan Buick did have
the parking lot use behind the Buick auto dealership before. So, it's the
same use that was permitted in prior years. Just to answer some of the
questions about the uses along S.W. Eighth Street. There are several
supermarkets. There's a Discount Auto Parts on 22nd Avenue. On 19th and 24th
Avenue there are supermarkets. There's a radio shop on 20th Avenue, and a
furniture store, and an A & 0 Motors, wholesale retail export, directly across
the street from the property. So, we think it's consistent with the use and
the character as well as the zoning district. I just want to point out to you
that...
236 September 24, 1992
Mayor Suarez: You know, there's an implication here... If I may, counsel,
because I have no problem with what you said so far and what you're planning.
And I think that's what the special exception ordinance envisions, and what
the area envisions. But there's an implication and we, we're all curious
about this because we'd love to see a hotel somewhere in that area. We'd love
to see some housing, some residential. Do you remember the old concept for
that property that had, I think it had shops at the bottom and very nice condo
units at the top. And the Vice Mayor has referred to hotels, which we'd love
to see. Why... Do you have any idea why no one is stepping forward to build
a hotel in the area?
Ms. Dougherty: I can't answer that. Probably the market conditions wouldn't
support it at this time.
Mayor Suarez: You would think that they would. All right. I'm sorry, go
ahead.
Ms. Dougherty: Again, we are trying to be sensitive to your district. We
have designed a store that is a... has a Spanish motif to it. We'd be
willing to consider any other reasonable changes to the facade of the store to
make it more indigenous to the character of the neighborhood. This company
has been in business since 1921. It is a stock exchange corporation. It's
publicly held. It is not... It is a company which has 35 stores in... It
has 335 stores in 17 states and it is a well established company and we have a
superior record of how we deal in the automotive parts industry. And I'd like
Al Meloro to come and visit with you about that. And I'm going to pass out an
annual report of the company.
Vice Mayor Alonso: Then, after he finishes, I'd like to ask you a few
questions about how it's going to be located on the site, and exactly where
the parking is going to be, and if you're going to be using the entire
property.
Mr. Al Meloro: Thank you. Mr. Mayor, ladies and gentlemen of the Board, my
name is Al Meloro, that's M-e-1-o-r-o. Do I have to be sworn in?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Meloro: Yes, I do. My name is Al Meloro. I'm the National Director of
site development for the Pep Boys. I've been employed by Pep Boys for the
last 14 years. As was previously said, we trade on the New York Stock
Exchange. We are a publicly held company. Al of our stores are company
owned. They are not franchised. And we have 335 stores in operation in 17
states. We're a one billion dollar ($1,000,000,000) company and we're
building stores throughout the southern area of Florida right now. We have
stores throughout the state: Pensacola, Panama City, Tallahassee,
Jacksonville, Orlando, Tampa, Lakeland, and Daytona, and on and on. We try to
take every precaution that is available to us and if I just may read a little
something to you and I'll present this, that our aim is to meet and exceed all
of the Federal, State and Local Codes and any issues that concern us in our
everyday living. Each of our employees plays a very important part in
preserving and protecting our environment. So we're very concerned about the
environment. I know one of your questions may be, "Well, what do you do with
237 September 24, 1992
your waste oil and what do you do with your batteries, and so forth and to
on?" At present we conduct extensive recycling. We accept waste oil from all
of our customers, which is a state law of Florida, but we do that throughout
the United States, and we've been doing it for many years. As a note, 1.7
million gallons of waste oil is recycled from our units every year. Two point
seven million tires are recycled from our units every year. Thirty thousand
pounds of cardboard - we have a compactor so we recycle our cardboard, and
aluminum, and so forth.
Mayor Suarez: You're great recyclers. Now...
Mr. Meloro: Yes, now. OK.
Mayor Suarez: Speak to the issue at hand, which is totally incomprehensible
to me. Maybe one of the Commissioners or Mr. Rodriguez can explain why it is
that they have to convince us that we ought to allow this in the first place,
except that it's not a hotel or a restaurant.
Vice Mayor Alonso: No, because of the parking. They need to come to us for a
variance.
Mr. Meloro: We're here before you for the variance for the parking...
Vice Mayor Alonso: Yes.
Mr. Meloro: ...in the special exception for the parking in the rear.
Mayor Suarez: But a special exception our ordinance envisions, a special
exception for parking here.
Commissioner De Yurre: You get a Pep Boy magazine.
Mayor Suarez: What... Are you opposed you two?
Unidentified Speaker: We are in favor.
Mayor Suarez: In favor? But you didn't get sworn in to tell us why, under
oath, why you're in favor?
Commissioner Plummer: Well, who is in opposition?
Vice Mayor Alonso: Are you in the area?
Unidentified Speaker: I'm sorry?
Mayor Suarez: There's nobody in opposition, J.L.
Vice Mayor Alonso: No. Do you live in the area?
Unidentified Speaker: I own the Sedano store...
Vice Mayor Alonso: I beg your pardon?
238 September 24, 1992
m
Unidentified Speaker: I own the Sedano store which is a block away from this
on S.W. eighth Street and this gentleman...
Vice Mayor Alonso: Twenty-fourth and Eighth.
Unidentified Speaker: Right. And this gentleman here is the general manager
and also one of the owners of the business Sedano's and we are both here...
Commissioner Ce Yurre: Are you in favor or not?
Unidentified Speaker: We are both in favor.
Mayor Suarez: They in favor?
Vice Mayor Alonso: Sedano's should be in favor because the next one in
line...
Mayor Suarez: How many...
Vice Mayor Alonso: ...in the contract for this property was...
Mr. Rodriguez: I have to say this. —
Vice Mayor Alonso: ...a grocery store.
e
Mr. Rodriguez: From the beginning of the process and the proposal...
Vice Mayor Alonso: Yes.
Mr. Rodriguez: ...for the building, to the way it is now, there's a
tremendous improvement. We started with a grey building...
Mayor Suarez: So, the special exception process has worked in making this a
lot more...
Mr. Rodriguez: For sure.
Mayor Suarez: ...pleasing to the eye and to the environment, etc.
Mr. Rodriguez: It was a grey building, metal, industrial looking and I think
now you have before you, if you can...
Mayor Suarez: And by forcing them to go through a special exception we're
able to get those kinds of concessions and...
Vice Mayor Alonso: Much better looking building, yes.
Commissioner Plummer: Yeah. But where is Celia Cruz going to go? Celia
Cruz...
e! Mayor Suarez: No, no. You don't want to...
®r;
Commissioner Plummer: ...is always on the side street.
239 September 24, 1992
$ N.
Commissioner Dawkins: OK. I've got two questions.
Mayor Suarez: He's always asking irrelevant questions. Don't worry about it.
All right, Commissioner.
Commissioner Dawkins: I have two questions. What...
Commissioner Plummer: You answer to the Cuban compatriots of this community
when you tell them Celia...
Mayor Suarez: You've made provision...
Commissioner Plummer: ...Cruz was not allowed here because of you.
Mayor Suarez: You've made provision for Celia Cruz to perform during Calle
Ocho, right? There we go.
Vice Mayor Alonso: Sure, they have a lot of parking.
Mayor Suarez: All right. Commissioner Dawkins?
Commissioner Dawkins: When you gave your figures, you did not say how many
employees you plan to have?
Commissioner Plummer: Would you read me the bottom paragraph please?
Mr. Meloro: There will be 35 new employees.
Commissioner Dawkins: Thirty-five new employees with an approximately what
financial contribution to the community?
Mr. Meloro: Our grass annual sales anticipated for this unit...
Commissioner Dawkins: No, no. Gross annual sales mean one thing...
Commissioner Plummer: That's supposed to be information, right?
Commissioner Dawkins: ...paying people to have money to spend in the
community means another. I mean, what do you estimate that those 35 people,
by going to the grocery store...
Commissioner Plummer: I don't know what it says. I can't read it.
Commissioner Dawkins: ...going to the drug store, going to the small hardware
stores...
Commissioner Plummer: The bottom paragraph.
Canissioner Dawkins: ...will contribute to the Community?
Mayor Suarez: Just give us an estimate of the economic impact.
Commissioner Dawkins: Just an estimate. I don't want...
240 September 24, 1992
10
0
Mayor Suarez: ...It would be basically your revenues minus your profit, if
you want to look at it that way.
Mr. Meloro: OK, we'll put 1t this way. Of all the jobs... Of those 35,
there are very, very few that pay minimum wage. All the other jobs are
technical jobs such as technicians and mechanics and so forth. They're very
high paying jobs. I don't know what the rate is in this area.
Mayor Suarez: Do you have any for retired school administrators like
Commissioner Dawkins that we can...
Mr. Meloro: We can find a job for him.
Mayor Suarez: OK.
Mr. Meloro: I have an application in my service bag.
Commissioner Dawkins: No thanks. See, I'm retired and I don't intend to do
anything, not even kill a roach.
Mr. Meloro: But I will say this, 1f I may.
Commissioner Dawkins: Yes, sir. Go right ahead.
Mr. Meloro: We are the highest paying retailer in our area, in our form of...
So, it depends on what the area is. I'm not sure what the prevailing wages
are 1n this area. But they are quite high for...
Ms. Dougherty: Higher from the neighborhood.
Mr. Meloro: ...from the neighboring areas.
Commissioner Dawkins: Now, to the attorney, what's north of this parking lot
on Seventh Street?
Commissioner Plummer: Single family residences.
Vice Mayor Alonso: Single family homes.
Commissioner Plummer: R-1.
Commissioner Dawkins: North of... Yeah, right in there where he is. Those
are single family homes. Those single family homes must look across the
street at a parking lot. Is that correct?
Ms. Dougherty: Commissioner Dawkins, there will be a 20 foot landscape buffer
between the homes and the wall, which would be constructed, that's six feet
tall. So they'll look into 20 feet of landscaping plus a six foot high wall,
which is certainly better than what they're looking at now.
Vice Mayor Alonso: What they have now.
Commissioner Dawkins: Twenty feet of landscaping and a twenty foot wall.
241 September 24, 1992
Ms, Dougherty: Correct. Six foot wall.
Commissioner Dawkins: The landscaping will be maintained by whom?
Ms. Dougherty: We will maintain it. —
Commissioner Dawkins: Ma'am?
r
Ms. Dougherty: We're required to. We are. We will.
Commissioner Dawkins: And the wall would be painted and cared for by whom?
Ms. Dougherty: We will.
Commissioner Dawkins: There will be no ingress and egress on Seventh Street?
Ms. Dougherty: Correct.
Commissioner Dawkins: Thank you. No further questions.
Mayor Suarez: All right. Anything further?
Vice Mayor Alonso: Yes.
Ms. Dougherty: I want to also point out to you, this shows an ingress and
egress here. We are not planning it at this location.
a
Commissioner Plummer: It's what?
Ms. Dougherty: It will be down here, further away from the single family
homes.
Vice Mayor Alonso:. Lucia, will you show me where the building i s , so I can
see exactly the location?
Commissioner Plummer: I'm not understanding what you're saying.
Vice Mayor Alonso: This is the building and then you're going to have...
Commissioner Plummer: Right.
'
Vice Mayor Alonso: ...entrance through 24th Avenue?
Ms. Dougherty: No, only an entrance through Eighth Street, right here. -
Vice Mayor Alonso: What about those openings on the side? What is that?
Commissioner Dawkins: She said she's closing the one over here.
Vice Mayor Alonso: And what about the...
Ms. Dougherty: Here. Here is the end. This...
242 September 24, 1992
Vice Mayor Alonsot You have one on the left, one on the right. Twenty-fourth
Avenue - one - and that one you will close?
Ms. Dougherty: No. We will have the 23rd. We'll have one on Eighth Street.
This was that was proposed before has been closed because F.D.O.T. (Florida
Department of Transit) will only let us have one entrance on Eighth Street.
Vice Mayor Alonso: OK. So you will have one entrance...
Ms. Dougherty: And there will be one here.
Commissioner Plummer: Are you tying it together, is that what you're saying?
You're tying it together?
Vice Mayor Alonso: ...on Eighth Street and one on 23rd Avenue.
Ms. Dougherty: And they will have a future driveway here that will go out to
24th Avenue eventually in the future.
Commissioner Plummer: Well, there's an alleyway back there, isn't there?
Vice Mayor Alonso: What are you going to have here, in this vacant portion of
the property?
Ms. Dougherty: Right...
Vice Mayor Alonso: Where you have the parking lot now?
Ms. Dougherty: Nothing at this time. And we will come back to you if we ever
propose anything.
Vice Mayor Alonso: For what?
Commissioner Dawkins: Hold it. Wait a minute. Hold it, hold it. Yeah, for
what?
Ms. Dougherty: Eventually, what we're considering doing, if the store is
successful, they will make the store larger here and move this parking over
her, but again, that would require permission from you.
Vice Mayor Alonso: In the meantime, what are you going to be doing with that
ugly looking piece of property?
Ms. Dougherty: Landscape it.
Vice Mayor Alonso: ...on that corner, adjacent to 24th Avenue?
Mr. Meloro: When this area, this proposed area, is developed, these buildings
will be torn down and landscaping will be put in here. And it will be fenced
off so that no parking, and no trash cars or anything will be put in there.
Vice Mayor Alonso: So, right now you are going to leave the structure that
exists there?
243 September 24, 1992
Vice Mayor Alonso: It's going to be demolished now?
Mr. Meloro: When this proposed development goes under way, under
construction, then this proposed, or existing building, will be demolished.
The area will be cleaned up. This will be landscaped. And it will be...
There will probably be a chain across here so that cars cannot drive in to the
landscaping area.
Commissioner Plummer: Are you giving a covenant, Madam Attorney?
Mayor Suarez: Wait, Commissioner we've got. Commissioner Dawkins yields to
Commissioner Plummer?
Commissioner Dawkins: Yes. I have no choice.
Commissioner Plummer: Are you giving a covenant tying the two properties
together?
Ms. Dougherty: This is... No, we are not. This is a special exception that
you can... You can impose a condition, if you'd like.
Mr. Rodriguez: The reason I guess what the question is coming up is the
application that you have is only for the northern part of the property. And
I think the Commissioner Plummer was looking at a covenant that will tie the
northern part with the lower part of the property which you show landscaping
and an illustration of a building; that you're proposing to have a certain
character, and I think if you were to show the landscaping that you show in
the property that is not part of the application, but is part of your
presentation, in addition to the character that you show in the elevations of
the building, that would make it easier for, I think, Commissioner Plummer to
understand.
Mr. Meloro: We would be more than happy to work with the City...
Commissioner Plummer: Is that what I said?
Mr. Rodriguez: I think so.
Commissioner Dawkins: If you didn't, you said it now.
Mr. Meloro: Exterior landscaping around the...
Mr. Rodriguez: I wasn't talking about that property specifically. I was
talking about the property that is shown in the landscaping plan, in the
bottom part, Lucia.
Commissioner Plummer: That's the name of the game.
Mr. Rodriguez: Right.
Commissioner Plummer: Tying that which is in green into a single covenant.
Tying the two items together.
244 September 24, 1992
Ms. Dougherty: Commissioner Plummer, we will agree to a condition of the
special exception that would require it. We'll amend the application to
include the property.
Mr. Rodriguez: I don't think you can do that because you have to go through
the process again.
Mr. Joel Maxwell (Assistant City Attorney): No, you can't do that now.
Ms. Dougherty: Well, then we will file a covenant. That's fine.
Mr. Rodriguez: OK. That's what I was talking about. For the landscaping and
for the character of the building that is shown in the elevations that you
have in your rendering...
Commissioner Dawkins: This... OK. This will be an auto parts store, is that
correct?
Vice Mayor Alonso: Yes.
Ms. Dougherty: Commissioner Plummer, may I just make a... Adrienne Friesner
was just clarifying. The land to the north and to the south are both part of
one application. We did have to include both parts in order to apply and the
landscaping plan is part of our application, and therefore it will be a
condition that we will have to comply with.
Mr. Rodriguez: Well, if that is clear in the record... It's clear in the
record so we will solve it following the Commission decision one way or
another.
Ms. Adrienne Friesner: I'm Adrienne Friesner...
Mayor Suarez: And we are going to...
Commissioner Dawkins: You have to get on the record, please.
Vice Mayor Alonso: We cannot hear you.
Mayor Suarez: ...take your testimony by osmosis, right into our microphone
system. There we go.
Ms. Friesner: OK. I just wanted to explain to you that the plans that were
filed with the City of Miami were for this entire parcel and so the
landscaping that you see here was submitted to the City and it's all tied
together already.
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: This is an auto parts store.
Ms. Dougherty: A retail store with a small service component to it.
Commissioner Dawkins: How small is the service component?
245 September 24, 1992
Mr. Meloro: The service bays are 3,600 square feet. There are 10 bays.
Commissioner Dawkins: Ten bays? All right.
Mr. Meloro: The facility is twenty...
Commissioner Dawkins: And in the ten bays you will do what?
Mr. Meloro: If I may read my proffer and
Commissioner Dawkins: In bay one you will change tires. In bay two you will
change oil. In bay three you will change batteries. In bay five you will do
what?
Commissioner Plummer: Change Commissioners.
Mr. Meloro: We do...
Commissioner Dawkins: You won that one young fellow. Yes, sir.
Mr. Meloro: OK. Our service consists of the items that we sell. And at no
time do we perform engine or transmission removal. We do not do body work or
painting. It's light duty auto repair.
Commissioner Dawkins: Beg your pardon?
Mr. Meloro: Light duty auto repair.
Commissioner Dawkins: Explain "light duty auto repair."
Ms. Dougherty: Essentially what you said.
Mr. Meloro: OK. Exactly what you said:
like.
Commissioner Dawkins: Would it entail...
the seals on a transmission?
tires, batteries, tune-ups and the
"Light duty" would that be changing
Mr. Meloro: It would be changing the seal or filter on a transmission, not
removing the transmission.
Commissioner Dawkins: So, therefore, there may be a need to park vehicles,
that are not fixed, on that lot that we're talking about - the parking lot.
Commissioner Plummer: You're a gentleman, a scholar, and a taster of fine
booze.
Commissioner Dawkins: Go right ahead, sir.
Mr. Meloro: Are you talking about this lot or this lot?
Commissioner Dawkins: I'm talking about the entire property, period.
246 September 24, 1992
Mr. Meloro: There will be cars parked here that are going to be serviced. At
no time, in the evening, are cars left on this lot that are not finished being
worked on. The customer will pick them up. If they do not pick up the car,
or if there's a part that has to be installed on the automobile and we cannot
acquire it... Hypothetically, if somebody comes in a couple of minutes before
we close and we're not able to acquire that particular part, that automobile
is parked in the service bays. And the service bays are locked in the
evening.
Commissioner Dawkins: Mr...
Mr. Meloro: Our liability does not allow...
Commissioner Plummer: If not, the car won't be there in the morning.
Commissioner Dawkins: Mr. City Attorney.
Mr. Maxwell: Yes, sir.
Commissioner Dawkins: How can I write in that in the event that the neighbors
come here to complain, and since J.L. Plummer says I may not be here in 194,
to the Commission that's sitting here in 194...
Commissioner Plummer: I didn't say might.
Commissioner Dawkins: Oh, you said I wouldn't? OK. How do I write into...
[AUDIO NOISE] See, you were wrong. The Lord's telling you how you're wrong.
How do we instruct right into this, that in the event that the neighbors come
down to this Commission saying that Pep Boys has not lived up to its promise
to us, and that that has become an eyesore to the neighborhood, therefore it
should be revoked. How do you put that in?
Mr. Maxwell: There are three remedies that would be available to the
Commission in case of a breach of a covenant and that's what you're basically
speaking of here, if there was a covenant making certain promises and there
was a breach of that covenant. One, of course, would be that you would pursue
Administrative relief, through the Code Enforcement Board. If you didn't get
relief there, you could pursue injunctive relief in the courts. If you didn't
get relief there then you would resort to the legislative process, and seek
some remedy there.
Commissioner Dawkins: He's not answering our question. Don't worry.
Mr. Maxwell: However, that would probably be, rather, your least reliable
source.
Commissioner Dawkins: How... Mr. Maxwell?
Mr. Maxwell: Yes, sir.
Commissioner Dawkins: How does this gentleman and this Commission reach an
agreement that we both agree to that if this isn't done, that they could be
penalized? All I need to know is how to do it.
247 September 24, 1992
El
14P 6 Maxwell: Well, if he...
Commissioner Dawkins: I mean, how to write it in. Now, the remedies...
Well, you just explained the remedies I have to take in case that's not done.
Mr. Maxwell: He could agree. If they want to agree to a review period...
Commissioner Dawkins: Um-hmm.
Mr. Maxwell: ...and make that review period for a specific period of time and
bring the whole...
Commissioner Dawkins: Yeah, for the life of the business.
Mr. Maxwell: And that, sir, I don't think would be enforceable. If you want
to do it for a specific period of time, say five years, or whatever, and bring
it back for review any time during that period of time, and have the
Commission take it up again. If he would agree to that...
Ms. Dougherty: Commissioner Dawkins?
Mr. Maxwell: ...I think that would give you an avenue out.
Commissioner Dawkins: OK. No problem. No further questions, Mr. Mayor.
Mayor Suarez: All right. Anything further?
Vice Mayor Alonso: Yes, I have one. Yes.
Mayor Suarez: Vice Mayor?
Vice Mayor Alonso:. Yes, I want to go back. In the site plan that I have now
in front of me, it seems that the building is going to be built just adjacent
to the sidewalk. But then remove this one and show me the next one. No, the
other one. Yes. Is it going to be built next to the sidewalk? Is there
going to be parking in front? How is it going to be?
Mr. Meloro: As you see this building...
Vice Mayor Alonso: Yes.
Mr. Meloro: The front of this building...
Vice Mayor Alonso: Adjacent to the sidewalk or, as I see it in the picture,
it seems to me that...
Mr. Meloro: The front of the building...
Vice Mayor Alonso: ...you have parking in front of that building.
Mr. Meloro: The front of the building is facing this way. OK?
Vice Mayor Alonso: You mean that Eighth Street is not going to have the front
of the building but the side of the building?
248 September 24, 1992
3
6
Mr, Meloro: No, it will not. It will have... It will be an articulated
structure along the side.
Vice Mayor Alonso: So, what I see is not necessarily what I'm going to be
seeing there.
Mr. Meloro: What you're seeing is looking to from the west to the east. This
would be the front of the building.
Vice Mayor Alonso: I don't like it a bit.
Ms. Dougherty: She's asking what is she going to see here?
Mr. Meloro: Yeah.
Ms. Dougherty: She wants to see something nice there.
Mr. Meloro: There... On this wall, this back... This what you would see is
a side wall. If I may... This area right here is what you're referring to.
This is Eighth Street. This will be an articulated wall, with masonry and
articulated tile...
Commissioner Plummer: I'm telling you that I don't...
Mr. Meloro: ...and it will be very well decorated.
Vice Mayor Alonso: Adjacent to the sidewalk.
,Mr. Meloro: There is a landscape area first, as you can see, with trees and
shrubs and then the sidewalk.
Commissioner Plummer: Are you utilizing part of the present building?
Mr. Meloro: No, we are not.
Commissioner Plummer: You're going to...
Vice Mayor Alonso: It's a new...
Commissioner Plummer: ...tear down the entire building?
Mr. Meloro: It's a completely new building.
Vice Mayor Alonso: New building. I think we should have wording to the
effect that we will have an opportunity to see the real drawings of this
property, how it's going to look. I think it's really important. We don't
want... And with all due respect, I'm not really in love with auto parts on
Eighth Street, especially in the arts district. It's not really what I had in
mind. But since we have to accept this and, of course, we are delighted to
see some kind of...
Mr. Meloro: We will be...
249 September 24, 1992
Vide Mayor Alonso: .t.development done in Eighth Street, but I would like to
have some sort of a guarantee that this is a property that enhances...
Mr. Meloro: This is a very up... Yes.
Vice Mayor Alonso: ...the beauty of the area...
Mr. Meloro: I...
Vice Mayor Alonso: ...but not necessarily something that will look like the
side of the building, and not necessarily something that we will be proud of.
Mr. Meloro: May I comment?
Vice Mayor Alonso: Yes.
Mr. Meloro: We will be more than happy... We're here right now for this rear
parking lot, for a special exception. We will be more than happy to meet with
the architectural staff of the City, when we get past the approvals here, for
the building design. As you can see, this is the conceptual look of the
building and it will be articulated very well in this area.
Vice Mayor Alonso: But...
Mr. Meloro: But we will meet with your staff...
Vice Mayor Alonso: Yeah. But...
Mr. Meloro: ...for the approvals.
Vice Mayor Alonso: With all due respect, what you have there is not what we
will have. It...
Mr. Meloro: What...
Vice Mayor Alonso: This is different. This was not done for Eighth Street.
Is that correct?
Ms. Dougherty: Yes it was done for Eighth Street.
Vice Mayor Alonso: Well, then how come it looks to me that they have parking
in the front...
Ms. Dougherty: Because it's a... It's the...
Vice Mayor Alonso: ...that the entrance is not necessarily as you say it's
going to be.
Ms. Dougherty: Because this is the... This is a rendering of the building
from this end. But what I would suggest is that you make a condition that
they have to satisfy your Planning Department's architectural review.
Mr. Rodriguez: But, I want to understand... Yeah.
250 September 24, 1992
Vice Mayor Alonso: We want wording to the effect that we can be actively
involved, to guarantee us the Latin Quarter has some sort of guarantee that
this building will be attractive since it's a new construction and conducive
to the type of area that we want.
Mr. Rodriguez: Even...
Vice Mayor Alonso: Can we do that?
Mr. Rodriguez: Even when this is not in the Latin Quarter...
Vice Mayor Alonso: If not, I'm going to vote no. But, you just tell me how
much can I ask, legally and what I cannot?
Mr. Rodriguez: Yeah, you have two points here, you know, even when this is
not in the Latin Quarter area, I think that you can always refer to the Latin
Quarter for comments, first. Second is that in addition to that, if you are
concerned about how close it is to the sidewalk, you can impose a condition _
that they might want to agree as a covenant, because I'm not sure of the
legality of this yet, that they move their building so many feet from the
sidewalk.
Vice Mayor Alonso: Not necessarily. I'm not as concerned about that as to
the appearance of the building.
Mr. Rodriguez: Well, if it is the appearance than I would suggest that you
make...
Vice Mayor Alonso: I don't want a huge wall...
Mr. Rodriguez: Well, it's...
Vice Mayor Alonso: ...standing next to the sidewalk...
Mr. Rodriguez: It is.
Vice Mayor Alonso: ...just concrete. A huge wall right there. People will
be painting that wall it will be a horrible sight. I want something that is
attractive for the area.
Mr. Maxwell: Madam Commissioner...
Mr. Meloro: And we will work with you and your architectural staff.
Mr. Maxwell: Madam Vice Mayor?
Vice Mayor Alonso: Yes.
Mr. Maxwell: You asked a question as to what you could do legally?
Vice Mayor Alonso: Yes.
Mr. Maxwell: Legally this is a request for a special exception and you're
bound by the Zoning Ordinance as to what criteria you should use to review
251 September 24, 1992
�EiSF'uT h
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their request for a special exception and I don't believe that there are any
provisions in there concerning aesthetics. Unfortunately, there are none for that.
Vice Mayor Alonso: `then, maybe what we can do is defer the item and give us
time, then some time to think about this. And maybe when they come back they
have the plans of how it's going to look...
Mr. Meloro: We have a contractual agreement with...
Vice Mayor Alonso: ...and they come with something that is attractive. In
the meantime, I don't think the people of the area know about this. I own
property. I did not receive a notification. I didn't know about that. I
know because I'm sitting here and I own property on the corner of this site.
Ms. Dougherty: Commissioner...
Vice Mayor Alonso: I bet if I walk that area I will ask the single home...
Because, I own a building but when you own single home residences, they would
like to have something that is attractive.
Ms. Dougherty: Commissioner...
Vice Mayor Alonso: Or, we can find an agreement by which you are willing to
work with us and I will have no objections.
Ms. Dougherty: We agree. Commissioner...
Mr. Meloro: We agree to proffer today to work with your architectural staff.
Even though we're here for the special exception I will proffer that we will
work with your architectural staff on the aesthetics of the building so that
it will go along with the Latin Quarter and the Board.
Unidentified Speaker: Vice Mayor Alonso, I also might add that as a property
owner, I am actually adjacent to your property as I just found out today at
the Sedano store.
Vice Mayor Alonso: Eighth and 24th?
Unidentified Speaker: Right. And we did receive notice in the mail from the
City.
Vice Mayor Alonso: I didn't.
Unidentified Speaker: OK. I can't speak for that.
Vice Mayor Alonso: Yeah.
Unidentified Speaker: But I can say that we did receive notice and I also
can't speak for other property owners, but I assume that if I did, certainly
some of the other ones have as well.
Mr. Meloro: Certified mail? Somebody had to sign for it.
252 September 24, 1992
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Unidentified Speaker: I agree with a lot of what you're saying. I mean, most
of what you're saying, as far as it being aesthetically pleasing, I think it's
really important. But, I...
Mr. Meloro: No, it will be a masonry wall. But it will be articulated with
pile and bushes and work.
Vice Mayor Alonso: Just cleaning the property will do a lot for the area.
Unidentified Speaker: Yeah. Because what we have there now is horrendous.
Vice Mayor Alonso: I agree with this but I think that we have the opportunity
to make something that is attractive at the same time since we don't have a
hotel. We're not going to have a restaurant. But let's have something that
is attractive for the area.
Unidentified Speaker: Absolutely.
Ms. Dougherty: I would only suggest one more time that you make it subject to
your planning staff's approval of the architectural design and they would
input... have input from you.
Vice Mayor Alonso: OK.
Mayor Suarez: All right? With those...
Vice Mayor Alonso: I'll be happy to go along with it.
Mayor Suarez: ...understandings.
Mr. Meloro: We wish you would..
Vice Mayor Alonso: I will be looking at this, I promise.
Mr. Meloro: We wish you would sit in on the meeting that we have with them
and we would like to have your input.
Mayor Suarez: Very good.
Commissioner Plummer: Better not. You'd make mistakes.
Vice Mayor Alonso: What?
Commissioner Plummer: You 'd make mistakes.
Mayor Suarez: All right. With that proviso and understandings I'll entertain
a motion on this item. Or do we have one already Madam City Clerk?
Ms. Hirai: No, sir. We don't.
Mayor Suarez: All right. I'll entertain a motion.
Commissioner De Yurre?
Commissioner Plummer: I move it.
You moved it,
253
September 24, 1992
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Mayor Suarez: Seconded, Commissioner Plummer. Call the roll on that item?
Mr. Maxwell: This is...
Mayor Suarez: An ordinance?
Mr. Maxwell: No, this is affirming the decision of the Zoning Board.
Mayor Suarez: You've got it.
Commissioner Plummer: It's a resolution.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 92-600
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 6, SECTION 612, TO ALLOW THE
CONSTRUCTION OF A SURFACE PARKING LOT TO SERVE THE
BUSINESS LOCATED ON THE ABUTTING COMMERCIAL DISTRICT,
FOR THE PROPERTY LOCATED AT 2301 SOUTHWEST 8TH STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD-12
BUFFER OVERLAY DISTRICT; SAID SPECIAL EXCEPTION BEING
CONDITIONED UPON THE APPROVAL OF THE FINAL PLANS BY
THE PLANNING AND ZONING DIVISION OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT, AND HAVING A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: One quick question before you leave. Did Hurricane Andrew in
any way affect your decision on this development? Did it...
Mr. Meloro: No, it did not.
254 September 24, 1992
11
•
Mayor Suarez: ...add to your... By any chance, did you expect additional
demand for...
Mr. Meloro: No, we...
Mayor Suarez: ...residents of the core area of the City, more occupancy of
office buildings, or were you totally neutral about it?
Mr. Meloro: We're totally neutral about it because we had...
Mayor Suarez: Your market is not affected in any way?
Mr. Meloro: No, it is not.
Mayor Suarez: OK. Very good.
Commissioner Plummer: And he probably started this months ago.
Vice Mayor Alonso: Before we leave this item, Mr. City Attorney?
Mr. Maxwell: Yes, sir.
Vice Mayor Alonso: Since I own property in the area, does it affect my vote
in any way?
Mr. Maxwell: No, Madam Vice Mayor. Your interests are no different than any
other property owner in the area.
Vice Mayor Alonso: OK. Thank you.
Mr. Meloro: Thank you very much.
Commissioner Plummer: Miriam, I don't agree with that. In the future you
ought to abstain just to keep yourself clean.
255 September 24, 1992
rib rr ar rn i.r.rrarr�r�.i-w.rr ra----.:w ai.------ft --------- --------------- ----------
5i. (Continued Discussion) DENY APPEAL -- UPHOLD ZONING BOARD'S DECISION TO
GRANT VARIANCES TO ALLOW A LESSER REAR YARD SETBACK THAN REQUIRED, A
BUILDING FOOTPRINT WITH A LESSER GROSS LOT AREA THAN REQUIRED, AND A
ROOF OVERHANG FROM REAR PROPERTY LINE FOR EXISTING ADDITION TO THE REAR
UNIT OF A DUPLEX RESIDENCE AND TO ALLOW PROPOSED PARKING STALL AT FRONT
OF PROPERTY LINE (501-503 N.W. 25TH COURT) (Applicant: Jose A. & Hauda
M. Bushdid).
------------------------------------------------------------------------------
Mayor Suarez: PZ-4, you've got a deal. We're all agreed upon. Mr. Sierra,
where did he go or is he gone? You see, he trusts you so much that he didn't
have to stay around. What are you going to build there?
Mr. Jose Bushdid: A six foot wall, a concrete wall.
Mayor Suarez: All right. How do we build that in so that we can make a
motion on PZ-4 and get done with it? There he is.
Commissioner Plummer: My understanding is that they've agreed that we ask for
the wall. Mr. Mayor, I have said that I would only go for a six foot. I will
not go...
Mayor Suarez: That's what he just said.
Mr. Sergio Rodriguez: PZ-4.
Commissioner Plummer: OK. An eight foot is a spite wall and I don't think
you want to create that atmosphere.
Mayor Suarez: All right.
Commissioner Plummer: Predicated on it I will move the application with the
acquiescence of the other owner to erect a six foot masonry wall. I so move.
Mayor Suarez: So moved.
Vice Mayor Alonso: They are in agreement.
Mayor Suarez: Second.
Vice Mayor Alonso: Yes.
Mayor Suarez: By Vice Mayor.
Mr. Bushdid: Finished?
Mayor Suarez: Is there an ordinance or do we just...
Mr. Maxwell: It's a resolution. The motion would be to affirm the decision
with conditions.
256 September 24, 1992
Commissioner Plummer: That's exactly what I thought I said.
Mayor Suarez: "Correctamundo." Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-601 -
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK OF
7.18' (20'-0" REQUIRED), AND A BUILDING FOOTPRINT OF
40.47% OF THE GROSS LOT AREA OR 2,671 SQUARE FEET (40%
OR 2,640 SQUARE FEET ALLOWED), AND A ROOF OVERHANG
5.8' FROM THE REAR PROPERTY LINE (17'-0" MINIMUM
DISTANCE REQUIRED FROM THE LOT LINE) ACCORDING TO
SECTION 908.3, FOR AN EXISTING ADDITION TO THE REAR
UNIT OF A DUPLEX RESIDENCE; SAID VARIANCE ALSO TO
ALLOW A PROPOSED PARKING STALL AT THE FRONT LINE
WITHOUT THE 7'-6" REQUIRED BY SECTION 908.10 FOR THE
PROPERTY LOCATED AT 501-503 NORTHWEST 25 COURT, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED R-
2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES;
SAID VARIANCE BEING CONDITIONED UPON THE CONSTRUCTION
OF A SIX (6) FOOT HIGH MASONRY WALL ON THE EASTERN
BOUNDARY OF THE PROPERTY PRIOR TO THE ISSUANCE OF ANY
OTHER BUILDING PERMITS FOR THE PROPERTY, AND HAVING A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
257 September 24, 1992
------------------------------------------------y+W-------------
52. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT 1725 N.W. 17TH STREET FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Juan & Maria I.
Sanchez, Enrique & Maria Perez).
.------------------------------------------------------------------------------
Mayor Suarez: PZ-9. Yes. PZ-9.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-10.
Commissioner Plummer: Mr. Mayor, are nine and ten important issues because
really, I think, 12 is the one we can really clean out a lot of these people
and let them go home and watch television. It's...
Mayor Suarez: He doesn't mean literally clean you out, just like move you on.
Commissioner Plummer: No, but I mean, if 10 and 11 are not pressing matters.
And I'm sure there are not many people here. Twelve is the one that 90
percent of these people are here on. I think if we hear it... You're hear on
what?
Unidentified Speaker: Ten.
Mayor Suarez: Ten. Now, let's get them resolved very quickly. We'll move on
very quickly.
Commissioner Plummer: All right. Let's...
Mayor Suarez: Twenty... PZ-9 is...
Mr. Rodriguez: PZ-10 already. PZ-9 is done.
Vice Mayor Alonso: What... We did.
Mayor Suarez: PZ-10, I'm sorry. Is that...
Street Street. Are you in favor, sir?
Mr. Roberto Lavernia: No.
Mr. Rodriguez: No, he's staff.
What i s that? 1725 N.W. 7th
Mr. Lavernia: I'm staff of the Planning Department.
Mayor Suarez: Que es que c'est? I don't understand what's going on.
Vice Mayor Alonso: No, he...
Mr. Rodriguez: He's a staff...
Mayor Suarez: You're waving at me. You're saying something. He's going like
this. I don't know if that means stop, yes, ten, what? What have we got,
Joe? Somebody?
258 September 24, 1992
Mr. Rodriguez: He's a staff from the Planning Department.
Mayor Suarez: He's staff. He's your guy.
Mr. Lavernia: Um-hmn. For the...
Mayor Suarez: Are the people here in favor of this? Do we have controversy?
What is this about? Can somebody tell us before we get into this in a major
way? Is this...
Commissioner Plummer: Who's in favor, hold up your hands? And who's opposed
to it, hold up your hands? In favor of Item 10?
Mayor Suarez: I think we have controversy. All right.
Mr. Virgilio Perez: Yes.
Mayor Suarez: Swear in all the people who want to say something and have your
opinions heard on item 10. And I presume that's you, Virgilio, on the one
hand; and you, folks, perhaps on the other hand. So, raise your hand...
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: ...and be sworn in by the City Clerk.
Commissioner Plummer: Ten and eleven are together, Mr. Mayor.
Mr. Rodriguez: Mr. Mayor, you might want to repeat in Spanish, because
I
believe a lot of the people are Spanish speaking in this area.
Commissioner Plummer: Xavier, ten and eleven are tied together.
Vice Mayor Alonso: Yes.
Mr. Rodriguez: Ten, eleven are controversial.
Mayor Suarez: TODOS LO QUE PIENSEN DARNOS SU OPINIONES Y TENER...
DAR
TESTIMONIO EN RELACION CON EL ASUNTO NUMERO DIEZ, LEVANTEN SUS MANOS PARA
QUE
SEAN ADMINISTRADO EL JURAMENTO, POR FAVOR. OK? Madam City Clerk?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE
NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: All right. Give us your name, Mr. Assistant Planner, sir,
and
tell us what this is about.
Mr. Roberto Lavernia: For the records, Roberto Lavernia, Planning, Building
and Zoning Department. PZ-10 is a companion of PZ-11. It's just the same
thing. It's zoning change and land use change and it's very similar to PZ-1
and PZ-2 that you just heard, the one at Douglas Road and almost 26th. It's
one lot behind the commercial property, it's a food store asking for expansion
and parking in the back. It's just the same case. The only difference is
that this is an empty lot. It doesn't have the duplex like the other one.
Clean it and fence it.
259 September 24, 1992
Commissioner Plummer: Now, there is another difference, sir. Look at the
map. The difference here is if you look just above, there is a dog leg...
Mr. Lavernia: I was going to that point.
Commissioner Plummer: ...in that map there. If you were to come from the
very top, straight down, this lot would be incorporated in that.
Mr. Lavernia: Yes. I was getting to that point now.
Commissioner Plummer: Oh, OK. So, it's... Well, but you're statement was
that it's just exactly the same and that's an incorrect statement.
Mr. Lavernia: It's the same case, not the same conditions.
Commissioner Plummer: Oh... Well, OK.
Mr. Lavernia: Excuse me?
Mr. Rodriguez: No. Go ahead.
Mr. Lavernia: OK. The recommendation of the department is denial in both
applications. We think that this is an intrusion into the residential area.
Where is it? P.A.B. (Planning Advisory Board) denied the item.
Mr. Rodriguez: The Zoning Board also denied it.
Mr. Lavernia: And the Zoning Board also denied it. Yes. Both cases.
Commissioner Plummer: On a four four tie.
Mr. Perez: Well, Z.A.B. (Zoning Advisory Board) was a tied vote. That's why
it was denied.
Commissioner Plummer: Yeah. It's four four.
Mayor Suarez: Go ahead, sir.
Mr. Perez: Yes, Mr. Mayor. My name is Virgilio Perez with offices at 1401 W.
Flagler and I'm here representing Mr. Sanchez for the property located at 1725
N.W. 17th Street, for the request to change the zoning atlas from R-2
(residential) to C-1 (restricted commercial). First of all, I would like to
make it clear to some of the neighbors that the purpose of changing the zoning
in this property is not, as being rumored, that Mr. Sanchez wants to operate a
pool hall, or nightclub. On the contrary, my client, Mr. Sanchez, was always
concerned about the use of this property which was an abandoned house before
he bought the property and was used as a crack house. Mr. Sanchez is a
responsible neighbor and he's also concerned with the safety and well-being of
the street in front of his business. Now, if any of you passes in front of
the Riviera Supermarket, you can see, as the picture shows, that there is no
parking available in the street and that customers and neighbors utilize the
actual designated parking to its capacity...
260 September 24, 1992
TY
Commissioner Plummer: The neighbors are upset about them using it as a
classroom teacher's meeting hall and union hall.
Mr. Perez: ...making it a hazard for customers and neighbors alike to go into
the supermarket. Concerns about rumors, we'd like to proffer a covenant that
this piece of property, after rezoning, would only be utilized for parking for
the employees of the Riviera Cafeteria, Riviera Bakery, or Riviera
Supermarket, which altogether encompasses 34 employees that contribute to the
well-being of the area. We come in front of you to obtain a release...
relief for an actual situation that will alleviate most of the parking
problems that are caused by heavy traffic along 17th Avenue and 17th Street.
We have read carefully the analysis and as these pictures will show, this will
not create an intrusion into the residential area, as you can see. Abutting
to this property we have a multifamily house which in itself, it's
nonconforming. The noise and traffic will be minimal since employees arrive
in the morning and usually on an eight hour shift they do not move their cars.
The parking lot will be fenced and it will close at night with the different
establishments that are east of the actual sight. So, at night there will be
no traffic and no noise. We believe that the ample support of the neighbors,
and I'd like to introduce a petition of over 36 neighbors that are supporting
this. It was introduced to the Z.A.B. and I'm introducing copies of it. It's
part of the records. Have signed a petition to request a zoning change and
notwithstanding this concern about the hazard of the parking problems on 17th
Street and 17th Avenue and acknowledging that this rezoning will be a relief
of this problem. We have a lot of neighbors here, that have come to this
board meeting, to plead in favor of the applicant. I'd like to mention, in
front of the... I'd like to mention, in front of the site plan... First of
all, I'd like to show you, in front of the Riviera Supermarket, how the street
is always... There's never parking around here. The subject property is
right behind the supermarket. And you can see that right next to the parking
lot we have the nonconforming apartment buildings, which will be shown in this
site plan here. We have the existing Riviera Supermarket with the different
stores right in front of here. This is the subject property that we're
talking about. And this is the existing two story parking... uh, apartment.
Now, like Mr. Plummer mentioned, if the line would have come straight, we
wouldn't have this problem. Now, we believe that if we do an entrance through
the subject property and an exit through the parking... existing parking
garage, there wouldn't be any problems whatsoever. We are proposing a CBS
wall that will separate the subject property from the neighbors. We're
proposing to close this thing at night time, so it wouldn't have any other
noise whatsoever. So, you're coming in an entrance around here and coming out
through the parking lot. We believe that this is a sound site plan, that it
will alleviate most of the parkings here that we have on the traffic that is
in 17th Avenue. When you have a lot of trucks that are coming to the
supermarket, some of them are backing up here and they do not have any place
to park. So, in reality, they will come through here and will discharge their
merchandise and there wouldn't be any problem, or any traffic, whatsoever in
17th Avenue. I think that this is a sound site plan, that we believe that
instead of a crack house it would be a parking lot which will be maintained.
We are offering a covenant to do what we're saying. We're also offering a
unity of title so this will not be... this will be part of all the site and
it will not be able to be sold independently. So, I think that due to all
these things that we are offering, we hope that you will grant our petition.
261 September 24, 1992
� R
4
Commissioner Plummer: What is...
Mr. Perez: Do you have any questions?
Commissioner Plummer: What is presently in what I will call the pink square?
Mr. Perez: This one right here? This is a two story apartment unit, which
you can see right here. This is right abutting... It's a nonconforming
apartment unit and this was... This here is an empty parking space. It's
right here. You can see it right on this side. So, in reality, we wouldn't
be infringing on the neighborhood. Another thing that I'd like to express, on
17th Street all these neighbors that we have on this side, they do not have
any backup whatsoever into the street. All the exits of the garages and
everything are on the other side of the street. So, I think that, since we
have the existing Riviera Supermarket, the only thing we will be alleviating
the traffic that 1s a congestion right now on the site.
Mayor Suarez: Very good. Opponents? Do you have an association, by the way?
As you tell us who you are and what your position is you might want to tell us
if you represent the rest of the group and ask them to identify themselves.
They're more than eager and willing to come forward, I'm sure. But perhaps
they'll let you do their speaking for them.
Mr. Jorge Menendez: Very well. My name is Jorge Menendez.
Mayor Suarez: Move... Jorge, move the mike. That's it.
Commissioner Plummer: Thank you.
Mr. Menendez: OK. My name is Jorge Menendez. My address is 1745 N.W. 17th
Street, lot 20, Miami. Mr. Mayor, members of the Commission, ladies and
gentlemen, fellow neighbors, tonight we neighbors of 17th Street gather here
again to strongly oppose the zoning change of lot 22. As I explained to the
Planning Board and Zoning Board last March, and the Planning Advisory Board
last May, the only reason that the owners of lot 22 are making this petition
is because when they tried to build the same parking lot during a weekend, we
called the City Zoning Department and protested. This action made them stop
and realize that they were not above the law and what they were... And that
they have to completely comply with the City regulations. On a letter dated
January 6, 1992, they claimed that - and I'm quoting - "they want to build
this parking lot to avoid traffic problems bothering the neighborhood, created
every day by the employees parking in the street and by the big trucks of
several suppliers delivering their merchandise." These good samaritans want
to help us with the traffic problems. And I ask, who but if not them created
the traffic problem when they moved the loading zone from the north side of
the building to the south side, sending all the trucks to our street, using
the sidewalk as a loading zone for their benefit, blocking access to
pedestrians of the sidewalks and making them go around the streets to pass.
And I ask, is it legal for them to determine that the public right of way is
for the benefit of their business and that they can do as they please? Who,
if not them, told their employees to park on the streets? Please, don't do us
any favors. Let me refresh the memory of the owners of lot 22. When I moved
into that neighborhood, back in 1969, the loading zone of the market in
question was located on the north side of the building, on the market
262 September 24, 1992
property, and there were no traffic problems. Let the record show that we,
the neighbors, are asking the City of Miami Zoning Department, right here and
now, to make them move their loading zone back onto their property. And, as
in the past hearing, we oppose the zoning change for the reason that I have
just mentioned and for the reasons placed in the City of Miami Zoning Analyst.
The owners of lot 22, I swear under oath, right here and now, all they want is
a parking lot. But what happens when they sell the property and the new
owners decide to build anything they please on this commercial property? How
about all the commercial property owners along 17th Avenue and throughout the
City of Miami? Will this change become a trend for the rest to ask of you, on
the basis of this decision, to change the zoning of any contiguous properties
behind their business? As for a rumor that someone is spreading around the
neighborhood that if the zoning change doesn't pass they will build a ghetto
on lot 22 and move Haitians to the neighborhood, let me answer to those rumors
that we will welcome them. We are not bigots. Members of the Board, we have
plenty of confidence that the decision that you make tonight will be the right
decision which is against the zoning change and to have them move their
loading zone back onto the property. Thank you all, in the name of the
neighbors that oppose the zoning, for giving us this chance to explain our
motives. Thank you. God bless you.
Mayor Suarez: Very good. We even got a blessing out of that one. Strongly
recommend those blessings. Yes, Virgilio?
Mr. Perez: I realize the concerns of the neighbors, which I think are very
legitimate. And I think that Mr. Sanchez has the same concerns. I'd like to
address first that the rumor. We don't have anything against Haitians. On
the contrary, I have very good friends of mine are Haitian.
Commissioner Dawkins: Well, that's a racist statement.
Mr. Perez: That's a racist statement. So, we don't believe in that. Now, on
the concern that they have, which I think that is very important, and I think
we are addressing this problem, that if you rezone this and we obtain this
kind of rezoning, if a new owner will come in...
Commissioner Dawkins: Some of my best friends are black folks.
Commissioner Plummer: Yours?
Commissioner Dawkins: Yeah.
Commissioner Plummer: I doubt that.
Commissioner Dawkins: That's what he's saying.
Mr. Perez: ...and we'll sell the property, he could do anything. We have
addressed this problem saying that we will convey a unity of title, in order
that this piece of property cannot be sold on its own. Plus, we will convey a
covenant where we state that we will use this parking lot only for parking. I
think that we can work with the City of Miami Law Department and a covenant
could be sufficient for this problem. I agree, and we agree with them,
wholeheartedly that there is a problem. It's a traffic problem. Now, we can
not get rid of a supermarket, a bakery, and some of the businesses that are
263 September 24, 1992
there. On the contrary, right now we need this type of business. We need
these type of businesses that employ 34 people, that this 34 people are part of this community, that are wholeheartedly supporting this type of change.
But I think that the concerns of the neighbors are legitimate. I think we
have addressed them and I think that 1f they have any other type of concern,
we have placed a wail on the side. We're saying that we wilt... in the
covenant, that we'll close the parking lot at night, so they wouldn't have any
type of noise. I think that those are concerns which are legitimate and I
think that we have addressed them.
Commissioner Plummer: Let me ask of the department. To make that line
uniform, and I don't see... follow me, one lot west of the present line, I
don't see anybody there in red who is in objection. Would it be advisable...
I was there Monday and I want to tell you that street is absolutely jammed
with cars. It's... I was there at about 5:00 in the afternoon and it was
jammed.
Vice Mayor Alonso: It always is.
Commissioner Plummer: It always is.
Mr. Rodriguez: Which one?
Commissioner Plummer: Now, the point I'm asking... Yes, this is basically
the similar situation that we saw before. But in this particular case I don't
see any objection of people one block west of the present line, or within the
line as it appears to the north. Would we be smart to study, as a total
package, moving the line over one lot to make that line uniform from the very
top, all the way down.
Commissioner De Yurre: J.L., where don't you see the objection you're saying?
Because I can't figure it out.
Commissioner Plummer: Well... All right. Let me go to the map. It might
make it easier. What I'm saying... Let me see your pointer, if I can try to
do it. This line here presently, we block this and make a study all the way
down to make it uniform. I find nothing this side of the pencil in red, which
is an indicator that anybody is opposed...
Commissioner De Yurre: On the east side.
Commissioner Plummer: ...east of the pencil, west of the present zoning line.
Commissioner De Yurre: Well, it's a different zone.
Commissioner Plummer: Make that an overall study.
Commissioner De Yurre: You've got a fourplex on the right which is a more
liberal zoning than a duplex to the left, where all the reds are.
Commissioner Plummer: OK. The point, I guess that I'm really trying to bring
out, businesses presently exist. If this is denied the businesses are not
going to go away. They're there. It's not an application that we normally
see that you only get your commercial venture if you provide adequate parking.
264 September 24, 1992
11
The commercial venture's there. What they... Unless I'm absolutely wrong,
all they're trying to do is to provide more parking. Do you see what I'm
trying to say? I mean, am I... Have I lost something or am I in the ball
park?
Commissioner De Yurre: What is there right now in that location?
Mr. Perez: It's an empty lot.
Commissioner De Yurre: What is it being used for?
Mr. Perez: It's not used for anything.
was a duplex.
Commissioner Plummer: Well, can I ask...
It was used for a crack house. It
Commissioner De Yurre: So, as it looks right now that's empty.
Commissioner Plummer: Do you not understand what I'm saying?
Commissioner De Yurre: And it's chained, it's locked and there's no activity
going on in there.
Commissioner Plummer: What do you have to gain if this application is denied?
That's. I guess, the question that I'm asking. I see that if you... if this
application were to be approved there are spaces for 15 more cars off of the
street. If the application is denied what have you gained?
Mr. Mario Mena: Can we address that question?
Commissioner Plummer: I don't know what you've gained.
Mr. Mena: Can we address that question, Commissioner?
Commissioner Plumper: Sure, please do.
Mr. Mena: My name is Mario Mena and I'm speaking on behalf of my mother who
is a resident of the area. She's a property owner.
Commissioner De Yurre: Can you speak up?
Mayor Suarez: As you answer that and identify yourself and get close to the
mike...
Mr. Mena: OK.
Mayor Suarez: Would you also tell them in English, and if necessary in
Spanish, that all the people who support your position raise their hands so we
know. Commissioner Dawkins wanted to know and I guess I want to know.
Mr. Mena: The people that support the application?
Mayor Suarez: No, your position.
265
September 24, 1992
Mr. Mena: Oho the people that oppose the application.
Mayor Suarez: Right.
Mr. Mena: Right there. Plus we have people sitting here.
Mayor Suarez: OK. Very good.
Mr. Mena: Quite a few. I would like to address a couple of points that the
gentleman brought up. First of all, to say that unless we have a parking lot
the place would be a crack house, is ridiculous. There's got to be other
types of options for that particular lot. It used to be a residential home
for a neighbor. She passed away and I think it was purchased by the
gentleman, by Mr. Sanchez and...
Commissioner Plummer: Well, it's a vacant lot, right?
Mr. Mena: No, it was... No, no. It is now.
Commissioner Plummer: It is now?
Mr. Mena: It is now.
Mr. Perez: No, it was house that was empty and was used as a crack house. It
is now.
Commissioner Plummer: So, 1t can't be a crack house.
Mr. Mena: Exactly.
Commissioner Plummer: It can be a crack lot but it can't be a crack house.
Mr. Mena: But, you know, the... The implication that unless we make that a
parking lot it becomes a crack house is impossible. It doesn't have to be.
Number two, there is a parking lot for the Riviera Supermarket. They do have
one. So, it's not like they don't have the facility and they're trying to
accommodate more vehicles. There is one there right now. So, what we're
trying to avoid are several things. Number one, the excess traffic in the
area. This is a residential area. We do not need semi -trailers coming back
and forth with the pollution, people going to work, children going to school,
and we have this type of traffic in the residential area. That's what we're
trying to avoid. Number two, we have to stop the encroachment of residential
areas by businesses and all the problems that it entails. It creates more
problems for the neighbors. We get extra traffic that we do not need in the
area. And let's face it, the traffic creates accidents, and accidents create
fatalities, and that's what we're trying to avoid in the area by making a
residential area a commercial area. And that's what they're trying to do.
Commissioner Plummer: Well...
Vice Mayor Alonso: I have some questions.
Commissioner Plummer: Excuse me. He still didn't answer my question.
266 September 24, 1992
Mr. Mena: OK,
Commissioner Plummer: Sir, my question is, if this Commission denies the
request, what do you gain?
Fir. Mena: They'll have to use the present parking lot. That's what they
have.
Commissioner Plummer: They're doing that anyhow.
Mr. Mena: They have...
Commissioner Plummer: What do you gain were they...
Mr. Menendez: They will have to build a duplex.
Commissioner Plummer: And here, what I'm saying is I see on this drawing, and
I tried to count with my eyes being as bad as they are, roughly 15 additional
parking spaces, if I'm... One or two, "mas o menos"... You know, that you
could gain to relieve some of the congestion of the neighborhood. If this
application is denied they will continue to operate, they will continue to use
the parking, but there will be 15 cars on your street that you could have got
off your street. That's the point I'm trying to make, sir.
Mr. Mena: Right across the street from the Riviera Supermarket there is a
parking lot that is not used during the day and it was advised by the Advisory
Council that why not use that parking lot, that goes unused all day long,
belongs to another gentleman - true. But it's there and it's empty. There is
a bail bonds place right across the street from it.
Commissioner Plummer: Well, you can't use somebody else's property...
Mr. Mena: That's what they were using.
Commissioner Plummer: ...unless they agree to it.
Mr. Mena: That's what they were using before.
Commissioner Plummer: Well... OK. I tried.
Commissioner De Yurre: Let me ask this, if I may. Is there any problem with
doing away with the entrance on the residential area and just having one
entrance on 17th Avenue?
Mr. Perez: Well, I think for the purpose of parking we need to have a turn
around and we can't just go back. We can't back up because the Code would not
permit it.
Commissioner De Yurre: Well, you already have an exit. Do we have an
existing exit on 18th Street? 18th. To your right. To your right. Over...
Keep going. Do you have that there now? So, you have an entrance and an
exit.
Mr. Perez: Yes, we have an entrance and an exit. Right.
267 September 24, 1992
Commissioner De Yurre: I'm trying to alleviate that issue by creating an
entrance and traffic...
- W6 Pere: Well, the...
Commissioner De Yurre: ...the 17th Street side.
Mr. Perez: Mr. De Yurre, one of the things that we're talking is that this is
a residential area. All in front of 17th Avenue is mostly commercial.
Everything is commercial. You've got trucks going on... in and out of this
area through 17th Avenue which we can't help. We can't help. We're trying to
alleviate the problem of the trucks that we have here. Now, we understand and
we think the concern of the neighbors... We don't want to make noise at 8:00
at night. That's why we're saying that we will close the parking... the
parking area.
Commissioner De Yurre: May I suggest something? You have 34 employees there,
right?
Mr. Perez: That's correct.
Commissioner De Yurre: Of those 34, how many drive to work?
Mr. Perez: I wouldn't be able to tell you.
Commissioner De Yurre: Well, who can answer that?
Mr. Perez: I guess, you know, most of everybody here has a car.
Commissioner De Yurre: OK. Where do they park? Are they part of the problem
about congestion?
Mr. Perez: Sure. There's part of the problem there because...
Commissioner De Yurre: OK. Would...
Mr. Perez: ...all these employees are parking wherever they can.
Commissioner De Yurre: Would you make then... They also park in the lot?
Mr. Perez: They park any place where they can.
Commissioner De Yurre: Including the lot, right now?
Mr. Perez: Right. And outside, wherever they can.
Commissioner Plummer: I think we've got to do a study from 15th Street...
Commissioner De Yurre: OK. So,
particularly only for the employees?
Mr. Perez: Yes, we can.
can't you consider making that lot
268
September 24, 1992
Vice Mayor Alonso: That's what he said,
Commissioner De Yurre: Only?
Mr. Perez: Yes, we can.
Commissioner De Yurre: And then you can just put them in there, they come
into work, and they just pull right in. They stay there, and then when they
go home...
Mr. Perez: No. We can't make them pull right in because we don't have backup
space then...
Commissioner De Yurre: Well, if your employees and you can... I don't know
how you can work it out with Planning.
Mr. Perez: No. I don't think the Public Works will permit us that because we
have to have a radius to back up.
Commissioner Plummer: Well...
Mr. Perez: You just can't...
Commissioner Plummer: You know, let me tell you something. I think... In
all fairness, I think there is a demand and a need for parking. I think 1t is
absolutely... As I saw Monday when I was up there. But in all fairness, I
think that we have to send this to the Planning Department, to do a study and
do a recommendation, for one lot west of the present zoning line from 18th
Street to 15th Street. I personally don't see anybody there who is in
objection, but I think we need to keep it uniform. And uniformity would say
that we're not... You know, I'm going to say where this differs from the last
application. This would be a good precedent because I think it would give
relief to that congestion that is being created by the tremendous amount of
commercialism on 17th Avenue. You, in your map, show here one thing. Our map
shows another. I don't find one person, except the lot adjacent to the
proposed lot, that is in opposition. As a matter of fact, to the contrary.
And that's why I think that you need to do a study and I would suggest that
and I'll make a motion to that effect that the...
Commissioner De Yurre: J.L., you've got everybody opposed, what are you
talking about?
Vice Mayor Alonso: Yeah. But in the meantime we have a case 1n front of us.
Commissioner Plummer: What?
Commissioner De Yurre: What about all those reds? All those people are
opposed to it.
Commissioner Plummer: No, no. I'm saying that are abutting the property that
I'm proposing for a study to be done.
Commissioner De Yurre: Yeah.
269
September 24, 1992
s •
Commissioner Plummer: Not one red mark comes close to than one lot, west of
that line.
Commissioner De Yurre: What are you talking about? You've got everybody west
Of that lot objecting to it.
Vice Mayor Alonso: It's red.
Commissioner Plummer: No, you don't under...
Mr. Menendez: That's right. We live west of that lot.
Commissioner Plummer: Excuse me?
Vice Mayor Alonso: All of them.
Mr. Mena: All these people live west of that lot.
Commissioner Plummer: Of that one lot, sir.
Mr. Perez: Sure.
Commissioner Plummer: I'm speaking as it goes all the way down to make it
uniform.
Commissioner De Yurre: And the day you take...
Mr. Perez: Not only that...
Mr. Menendez: But, it's only 375 feet radius.
Commissioner De Yurre: The day... J.L., the day you bring it down...
Commissioner Plummer: Straight down.
Commissioner De Yurre: ...everybody else will oppose it as you keep going
down, they will still oppose it.
Mr. Menendez: They weren't asked. Nobody asked them.
Mr. Perez: Not only that, Commissioner. But there is a two story building
which is a nonconforming right adjacent to the lot, next to the line where
you're saying it goes like this. There's a two story building which is a
nonconforming, right there. It's not a residential.
Commissioner Plummer: The older I get, the dumber I... Look, let's see if I
can do something about it. Where am I? Here I am. Here. What I'm saying is
to come down here, all the way to here. Once you do that, you have made that
zoning line continue straight down, and there is no zigzag in it.
Mr. Menendez: How about the other side?
Vice Mayor Alonso: That's right but you will see a lot of red when you send
the notification.
270 September 24, 1992
5t
'
F
r
Commissioner Plummer: What you're talking about, possibly, is coming here,
doing one of these and one of these. I'm saying, 1n my estimation, there is a
tremendous need for parking in the area. I don't find one person up there...
Here, let me go to the map and do it better. Not one person up here is
opposed.
Vice Mayor Alonso: Because they were not notified.
Mr. Rodriguez: Because we... Because they don't know.
Vice Mayor Alonso: They are not involved. Just send the notifications and
you'll see red. It's an intrusion in their neighborhood.
[INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.]
Mayor Suarez: All right. Please, please. Anything further?
Vice Mayor Alonso: OK. Mr. Mayor, I've been trying to...
Mayor Suarez: Yes, Madam Vice Mayor.
Commissioner Plummer: Everybody just run over my automobile, don't come see
me.
Vice Mayor Alonso: OK. I... Let me ask you a question.
Mayor Suarez: Commissioner Plummer, please.
Vice Mayor Alonso: From the group who is in opposition, I'd like to be clear.
I understand why you're opposing to this. You are concerned about the traffic
this opening from the parking lot into... directly into your neighborhood.
Mr. Menendez: Right now.
Vice Mayor Alonso: Just answer my questions...
Mr. Menendez: Oh, OK.
Vice Mayor Alonso: ...so that I know exactly if we can find some kind of
understanding and perhaps we can work this out. Let's see if it's possible.
You are concerned about this opening.
Mr. Menendez: OK. What I'm concerned, first of all, is the zoning change.
Vice Mayor Alonso: I'm going to get to that one too.
Mr. Menendez: OK.
Vice Mayor Alonso: This opening, let's say...
Mr. Menendez: OK.
271 September 24, 1992
k N 33
Ask
Vice Mayor Alonsol ...if you have this parking lot, not coming through your
neighborhood, 17th Street, you would feel better.
Mr. Menendez: They wouldn't want it that way because they want the trucks
coming the other way.
Vice Mayon Alonso: Oh, but... You know, at times...
Mr. Menendez: Bight.
Vice Mayor Alonso: ...either they get it or they don't, so people say no.
But quickly they agree. So, let's see 1f we can work it out. If we close
this entrance, there is a possibility you will feel better?
Mr. Menendez: Yes.
Vice Mayor Alonso: It is a protection?
Mr. Menendez: Uh-huh.
Vice Mayor Alonso: Number one, I believe that you are concerned about today
it's a parking lot, tomorrow it's a horrible...
Mr. Menendez: Right.
Vice Mayor Alonso: We don't know, a building, or what have you.
Mr. Menendez: Right.
Vice Mayor Alonso: These are the two concerns that you have.
Mr. Menendez: Right.
Vice Mayor Alonso: OK. If we can work, giving them guarantees, that perhaps
we can work out closing this entrance and coming, as Commissioner De Yurre
suggested before, from inside, we might be able to have that parking lot; and
second, giving them the guarantee that it's not going to be changed later on
to a building. These are the two concerns that they have and basically, if we
can work it out, perhaps you can survive. We have a business existing there,
but we want to protect their neighborhood from your business that is already
an intrusion in their neighborhood. So, can you address these two items and
perhaps we can get an agreement?
Mr. Perez: Yes, Miss Vice Mayor. Second thing, we have given the guarantee
as when we say that we will... a unity of title that this lot will become, in
a unity of title, part of the overall site. That means that they cannot sell
this lot by itself.
Mr. Menendez: But they can sell it all.
Vice Mayor Alonso: Neither build "X" number of units.
Commissioner De Yurre: But, does...
272 September 24, 1992
K 777
Mr. Perez: They have to sell it completely.
Commissioner be Yurre: But that doesn't mean that they can't build on it.
Mr► Perez: OK► Now, that's number one. OK. Number two is that we are
proffering a covenant that this will always stay as a parking lot. So, that
means that we are doing specifically that. We're guaranteeing that this will
not be built anything else except as a parking lot. Plus, it cannot be sold
on itself... by itself.
Vice Mayor Alonso: OK. That's one guarantee.
Mr. Perez: That's one guarantee.
Vice Mayor Alonso: What about the exit?
Mr. Perez: OK. We don't have any problems with the exit. The problem that
we have is we have the residential neighborhood over here. There is no reason
whatsoever that these people will go into the residential neighborhood. They
will go through this entrance. What we are afraid is that Public Works will
not permit us, because of the size of the parking lot, and Planning or Public
Works is here, would we be able to do this on a backup? Do we have the radius
on this thing? I don't think so. How can we get a car in here and coming
back?
Vice Mayor Alonso: Mr. Rodriguez?
Mr. Rodriguez: They... The only way they can do it would be by reducing the
number of parking spaces they have because...
Vice Mayor Alonso: How many will they be able to...
Mr. Rodriguez: What is the length of the lot, all the way through?
Mr. Perez: I believe it's... What's the length of the lot?
Mr. Rodriguez: You see, they have to have 18 for each parking space.
Mr. Perez: I think it's a 50 foot lot.
Mr. Rodriguez: How much?
Mr. Perez: No. "CUANTO?"
Mr. Rodriguez: The length?
Mr. Perez: A 50 foot lot.
Mr. Rodriguez: That's width. The length?
Mr. Perez: That's the width. The length?
Vice Mayor Alonso: The width.
273 September 24, 1992
Mr6 Perez: And what is the length?
Commissioner De Yurre: Fourteen.
Mr. Perez: It's a hundred and something.
Mr. Rodriguez: I think that properly you can fit, if you have loading on one
side only, not double loading on both sides, you can probably fit about 12
parking spaces.
Vice Mayor Alonso: Twelve?
Mr. Rodriguez: I'm guessing.
Commissioner De Yurre: You've got 14 there right now.
Vice Mayor Alonso: Well, if we can find an agreement...
Mr. Rodriguez: Huh?
Commissioner De Yurre: Fourteen is what they have.
Vice Mayor Alonso: ...with 12 and the neighbors will be satisfied...
Vice Mayor Alonso: ...for my vote, I think, we can go into that direction.
Mr. Rodriguez: Commissioner...
Vice Mayor Alonso: Twelve and fifteen, not that much difference.
Commissioner De Yurre: Well, it's only 14 from what I can count there. It's
not 15.
Mr. Rodriguez: Right. But I think what Commissioner Alonso was saying was if
you close the entrance, and then they have to enter through the commercial
area, they enter, park and back out within the lot and go out through the
commercial area.
Vice Mayor Alonso: Exactly.
Commissioner De Yurre: Well, that's what we've been talking about.
Vice Mayor Alonso: So they don't interfere with the residential area.
Mr. Menendez: I don't think they answered that. I don't think they answered
that part. I don't think they answered the part of
Vice Mayor Alonso: No, they have to. Believe me, they will.
Mayor Suarez: The mike.
Commissioner De Yurre: So, you're talking about closing off 17th, which is
what we've been talking about.
274 September 24, 1992
Vice Mayor Alonsot Yes,
Commissioner De Yurre: Come in. They may lose a couple of parking spaces. I
don't... You know...
Vice Mayor Alonso: But it's worth...
Commissioner De Yurre: There's a lot of area right there that they're not
using at this point in time. So, I don't know, maybe they can squeeze 14 out
of it and keep the 14. —
Mr. Rodriguez: That's what I'm saying that I think, from the top of my head,
from my time as an architect, millions of years ago, I think you can get over
there about 12 parking spaces.
Vice Mayor Alonso: Width?
Mr. Rodriguez: About 12.
Vice Mayor Alonso: Twelve? OK.
Mr. Rodriguez: Give or take.
Vice Mayor Alonso: For my vote you will have to close that entrance, even
though it means three less parking in that parking lot and you will have to
give the guarantee, and that the legal department will have to guarantee us,
that this parking lot will not be changed tomorrow, in 10 years, or in five,
or what have you into a building. It has to be a unity of title, and all
kinds of guarantees with a covenant and everything. Yes?
Mr. Menendez: Miss Vice Mayor. My concern is with this unity of title. That
doesn't mean... It does not prevent them from selling the whole property to
anybody.
Vice Mayor Alonso: That's what we're trying...
Mr. Menendez: And then build there whatever they please.
Vice Mayor Alonso: That's what...
Commissioner De Yurre: No, they can't build on that lot. They cannot build
on that lot. It has to remain...
Mr. Menendez: Even if they sell... Even if they sell the whole property?
Commissioner De Yurre: It has to remain a parking lot.
Mr. Menendez: Even if they sell everything on the title.
Commissioner De Yurre: Yeah, they can sell everything. That area has to
remain a parking.lot. That is what they're agreeing to.
Mr. Menendez: Whoever canes after them?
275 September 24, 1992
Vice Mayor Alonsos Exactly*
Mira Menendez: OK.
Cormmissioner De Yurre: OK?
-
Vice Mayor Alonso: Yes.
a
Commissioner De Yurre: So, you've got that and we block off the entrance
there.
Mr. Menendez: We block off the entrance...
Commissioner De Yurre: Heyl You made out like bandits.
Mr. Menendez: No. We have no...
Commissioner De Yurre: OK?
Mr. Menendez: ...problem with that...
a
-
Commissioner De Yurre: OK? We're set.
Mr. Menendez: ...because we get rid of the trucks.
Vice Mayor Alonso: I think this is the best way that you can have your
e
parking lot. They can have their guarantee and...
Mr. Menendez: Well, they cannot get through 17th Street.
Vice Mayor Alonso: ...this is an agreement if i see one. Now, you have to
let us know how do we do this so that...
Mr. Menendez: OK. Yeah.
Vice Mayor Alonso: ...we have the guarantees that we're asking.
Mr. Joel Maxwell (Assistant City Attorney): Madam Vice Mayor?
Vice Mayor Alonso: Yes. -
Mr. Menendez: Miss Vice Mayor?
Mr. Maxwell: These are two zoning requests...
Vice Mayor Alonso: Let him explain and then we'll go back.
Mr. Menendez: OK. One of the main...
Mr. Maxwell: These are two...
Mr. Menendez: Oh, sorry.
276 September 24, 1992
- � r
Mr. Maxwell: These are two zoning... 'there are two ordinances before you.
One is a comp plan change request. And the other is a rezoning request. The
comp plan change has to go to Tallahassee for D.C.A. (Department of Community
Affairs) review for gd days. "that's a long period of time. If you want this
worked out you could pass this on first reading because you can't put
conditions on the Comprehensive plan change.
Vice Mayor Alonso: If 1 cannot put conditions...
Mr. Maxwell: Not on the comp plan.
Vice Mayor Alonso: I cannot vote...
Mr. Maxwell: No, no. You can put them on the rezoning...
Vice Mayor Alonso: OK. Yes.
Mr. Maxwell: ...which is a companion.
Vice Mayor Alonso: Yes. OK.
Mr. Maxwell: If you pass this on... If it's the Cormiission's will, you pass
these items on first reading today, they start on the review to Tallahassee,
the neighbors and the applicant meet with the proviso that they work out the
things that you just pointed out. When it comes back in 90 days you vote on
it then. So you have 90 days. You have plenty of time to review. Staff has
time to review. The neighbors have time...
Vice Mayor Alonso: OK. And we can...
Mr. Rodriguez: Yeah, at that...
Vice Mayor Alonso: always turn it down if we want to.
Mr. Maxwell: Yes.
Mr. Rodriguez: At that time there might be already a covenant proffered by
the applicant.
Mr. Maxwell: We can review a covenant.
Mr. Rodriguez: If they have proffered a voluntary covenant that will limit
the area to be used for parking only, no access to that area, and moving the
loading dock from the area where it is now to an area within inside the
parking.
Mr. Perez: Now, we have a problem moving on the loading dock. Where are we
going to put the loading dock?
Mr. Menendez: Right now it's on the sidewalk.
Mr. Perez: With the sidewalk, let me explain to you. The City Code permits
that a truck will park in a parking space and unload his merchandise from
there.
277 September 24, 1992
Mr. Menendez: And put a ramp on the sidewalk.
Mr. Perez: So, it's not a loading dock. It's an open door.
Mr. Menendez: Yes, but you have a ramp on that sidewalk from 7:00 a.m. to
4:30 every day. Nobody can use that sidewalk because of your ramp.
Vice Mayor Alonso: ...to work this.
Mr. Perez: We'll just remove the sidewalk. That's not a problem. We don't
have a problem. What we're saying...
Mr. Menendez: Then what do we gain by the parking lot if you're going to have
a truck there?
Vice Mayor Alonso: Well, listen. I will move for approval on the basis that
they will meet in... It will take about 90 days you say?
Mr. Maxwell: Ninety days, yeah.
Vice Mayor Alonso: OK. You will meet with the neighbors and the
Administration and you will come back to us with an agreement. If it's
acceptable to us, and to me it's very important what the neighbors have to
say, then we will approve. If not, we always have the opportunity in the
second reading to turn it down. It seems to me very reasonable and you can
have your way, they can have the guarantees that they want. I think this is
the most reasonable approach. So, we move for approval on first reading...
Mr. Perez: I think, Vice Mayor...
Vice Mayor Alonso: ...with the provision that you...
Mr. Perez: ...that we are willing to work with the neighbors anytime. So...
Vice Mayor Alonso: Exactly. Do you agree?
Mr. Menendez: Yeah. We agree.
Mayor Suarez: Particularly after the first hearing.
Mr. Perez: No, we have always tried to work with them.
Vice Mayor Alonso: OK. So, I move that we approve it on the basis of the
points that we have discussed and that you will get together...
Mr. Menendez: That will include...
Vice Mayor Alonso: ...and let us know what happens.
Mr. Menendez: That will include moving the loading zone out of the streets.
Vice Mayor Alonso: OK? So moved.
278 September 24, 1992
`141
.�g .f.
F
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded.
Commissioner Plummar: All right. Under discussion. Mr. Mayor, I'll hold my
discussion if you wish.
Vice Mayor Alonsos No, but you do it.
Mayor Suarez: Yeah, because we've got a budget hearing.
i
Vice Mayor Alonso: Yeah.
Mayor Suarez: We've got the other items.
i
Commissioner Plummer: Fine. Al right. I am still concerned, as I said
before...
Mayor Suarez: Yeah, but we can resolve it...
Commissioner Plummer: ...and I can talk about that later.
Mayor Suarez: ...by second reading. All right.
Vice Mayor Alonso: Yeah, by second reading we can go into that.
Commissioner Plummer: Yeah.
Mayor Suarez: OK. With the assumption that you will ultimately be satisfied
by second reading, and if not, you've got one vote here that says don't change
the neighborhood to adapt to something that doesn't really seem to be
warranted, I'll vote favorably.
Commissioner Plummer: Are we going on first reading?
Vice Mayor Alonso: Yes, and...
Mayor Suarez: Do we need to vote on an ordinance?
Mr. Maxwell: Yes. There are two ordinances.
Mayor Suarez: All right.
279 September 24, 1992
PIK
.,
AN ORDINANCE ENTITL-ED-
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 105449 AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE
PROPERTY LOCATED AT 1725 NORTHWEST 17TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM RESIDENTIAL DUPLEX TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Again, including all the other restrictions that we've
been talking about, I vote yes.
Commissioner Plummer: I think it's worth a try. I vote yes.
Mayor Suarez: Yes, on the assumption that it's worth a try.
280 September 24, 1992
f� t
f
.Y if rY rLr rirY Wir es" iV �iY Y �Y'i YY 1ir r HiiiL iY•i YIY iYiii r YYi�r-i----r----L----------r-- ------raw-------
63. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
1726 N.W. 17TH STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Applicant: Juan & Maria I. Sanchez, Enrique & Maria Perez).
....ft------------+---------------------------------------- +---------- ------
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Dawkins: I'd like to ask a question.
Commissioner Plummer: Well... What about 11?
Mr. Joel Maxwell (Assistant City Attorney): You have 12. You have...
Commissioner Dawkins: No, you've got the second one. Go ahead, Mr. City
Attorney.
Mr. Maxwell: Yeah.
Mayor Suarez: Yeah. Move the item, please.
Vice Mayor Alonso: Yeah. Eleven.
Mayor Suarez: Thank you.
Vice Mayor Alonso: Move it.
Mayor Suarez: Seconded. Call the roll, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL
TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED
AT 1725 NORTHWEST 17TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 25 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner De
Yurre and was passed on itsfirst reading by title by the following vote:
281 September 24, 1992
AYES: Commissioner Victor De Yurre
Comissioner Miller J. Dawkins
COMISSioner J.L. Plummier, Jr.
Vice Mayor Miriam Aionso
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.
-------------------
54. (A) (Continued Discussion) RECONSIDER PRIOR MOTIONS 92-594 AND 92-595
WHICH HAD DENIED PROPOSED FIRST READING ORDINANCES TO CHANGE LAND USE
DESIGNATION AND CHANGE IN ZONING ATLAS AT 3711 S.N. 26TH TERRACE FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Bonzo
Enterprises, Inc.) (See labels 42 A 43).
(B) THE ABOVE -CITED PROPOSED FIRST READING ORDINANCES WERE CONTINUED TO
THE MEETING OF OCTOBER 22ND.
--------------
Commissioner Dawkins: May I ask...
Mayor Suarez: Yes, Commissioner Dawkins.
Commissioner Dawkins: I'd like to ask the Administration, what's the
difference in one and two, and this... and these two?
Mr. Sergio Rodriguez (Assistant City Manager): Basically there is no
difference. That's why we recommended denial in both cases.
Commissioner Plummer: I...
Vice Mayor Alonso: Item one and two?
Commissioner Dawkins: Beg your pardon?
Mr. Rodriguez: I... You know, I think...
Commissioner Plummer: I disagree.
Mr. Rodriguez: We recommended denial in both cases.
Commissioner Dawkins: Uh-huh.
Mr. Rodriguez: I think the only difference you can see over here is that the
property north of this, of the lot, is a multifamily unit.
Commissioner Dawkins: Yeah. But we...
282 September 24, 1992
a
Mr. Rodriguett That's it.
Commissioner Dawkins: But this morning we did not say to the two sides, "See
if you can work it out." And this afternoon we say to the two sides, "You can
work it out." I don't... I mean, you didn't...
Commissioner De Yurre: And there was only...
Commissioner Dawkins: You didn't do that.
Commissioner De Yurre: 'There was only one side. Because the other side,
there was nobody here from the other side.
Vice Mayor Alonso: Nobody else.
Commissioner De Yurre: The guys don't even live in the area.
Commissioner Plummer: Well...
Mr. Rodriguez: That's your decision, you know.
Commissioner Dawkins: Yeah, that's... You see, I mean...
Commissioner Plummer: Since I voted for one and two, and I was about ready to
vote against this one, I do see a difference, and that difference is that on
one and two the zoning line was straight and there was not a break in the
line. In this difference... There is a difference by the virtue of the line
at the top comes down, it zigs over and then down. It is not uniform and
that's the difference that I see.
Commissioner De Yurre: J.l., in one and two there couldn't be a zigzag
because that's where the City property started. I mean, that was the
beginning.
Mayor Suarez: Right.
Commissioner De Yurre: There was nothing to zigzag above because that was
Coral Gables.
Mayor Suarez: All right.
Commissioner Plummer: Traditionally, the line was uniform and straight.
Mayor Suarez: All right. Item PZ-12. We'll see you folks.
Mr. Perez: Thank you, Mr. Mayor.
Mayor Suarez: I'm sure your satisfied, otherwise we can tell them to go do
something else.
Mr. Menendez: Thank you, sir.
Mayor Suarez: All right. PZ-12.
283
September 24, 1992
i
� poll -
Commissioner
I don't know if we
Mr. Joseph Genuardi: OK. Joseph Genuardi, Zoning Administrator, City of
Miami .
Vice Mayor Alonso: Oh, this is complicated.
Commissioner De Yurre: We're talking here, bro. Hold on a second.
Mr. Genuardi: Oh, oh. I thought you were finished.
Commissioner De Yurre: Can we bring it back? I would move to reconsider.
Mr. Joel Maxwell (Assistant City Attorney): You have to move to reconsider.
Commissioner De Yurre: Move to reconsider.
Commissioner Dawkins: Second.
Vice Mayor Alonso: Which one?
Commissioner De Yurre: One and two. The E1 Polar from this morning, or
earlier today.
Mayor Suarez: OK. That would bring it back to us and presumably it would be
procedurally fair because then the other person, the opponents, would be able
to come back.
Commissioner Dawkins: Yes.
Mayor Suarez: There were opponents, right?
Vice Mayor Alonso: There were not.
Commissioner De Yurre: Well, yeah. None of them that live in the area.
Commissioner Dawkins: That doesn't necessarily mean I'll change my vote.
Vice Mayor Alonso: They were not opponents to that, were they?
Commissioner Dawkins: But I need to give them the same opportunity I gave
this guy.
284 September 24, 1992
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Commissioner De Yurre: There was Paul Collins that lives in the Grove...
Vice Mayor Alonso: Oh, two gentleman. They don't even live in the area.
Commissioner Plumper: It doesn't have to be somebody on the right hand side?
Commissioner De Yurre: ...and the other gentleman that lives behind Radio
Mamba. -
Mayor Suarez: All right. So moved and seconded to reconsider.
k
Vice Mayor Alonso: Yeah.
Mayor Suarez: Call the roll.
Commissioner Plummer: Was it four to one?
[AT THIS POINT THE CITY CLERK BEGAN TO TAKE ROLL CALL.]
Commissioner Plummer: I think you have a problem. Commissioner De Yurre was
not on the prevailing side.
Mr. Maxwell: ...on the prevailing side.
Mayor Suarez: Yes, he was.
Commissioner De Yurre: Well, you can do it.
Commissioner Dawkins: Well, according... Hold it, hold it.
Mayor Suarez: Yes, he was. I was the only one that voted against.
Commissioner Dawkins: Hold it.
Commissioner Plummer: Four to one.
Commissioner Dawkins: Mr. City Attorney... -
Mayor Suarez: I voted against that so...
Commissioner Dawkins: Mr. City Attorney?
Mr. Maxwell: Yes, sir.
Commissioner Dawkins: We are not governed by Robert Rules of Order. We are
governed by...
A. Quinn Jones III, Esq. (City Attorney): It has to be someone from the
prevailing side, has to move.
Mayor Suarez: Mason.
Commissioner Dawkins: ...Mason Rules of Order. And in Mason Rules of Order,
it specifically states that to have a reconsideration you do not have to be on
the prevailing side. Is that a correct statement?
285 September 24, 1992
wzn.y�y���s�Na�ygwa�uNwlaR' iii" ,�i:.
Mr. Maxwell: Nell have to check thato sir. I know Roberts...
Commissioner Dawkins: Neil, +check it out.
Mayor Suarez: I'm sure it doesn't say anything all about it, so...
Mr. Maxwell: Roberts specifically requires that it be on the prevailing side.
Commissioner Dawkins: It says that. In it's there.
Mayor Suarez: Right. It doesn't require that.
Commissioner Plummer: To be legal all you have to do is you make the motion
and he seconds.
Commissioner Dawkins: I don't have to make the motion...
Mayor Suarez: No.
Commissioner Dawkins: ...when he made a proper motion.
Commissioner Plummer: Oh, OK.
Mayor Suarez: I think it's OK...
Commissioner Dawkins: I know good and well it's OK.
Mayor Suarez: ...for the motion to be made even if he's not on the prevailing
party. But you might check that out. Let's go ahead and vote on it, Madam
City Clerk, we can attach whatever legal significance to it later.
Commissioner Plummer: Sure.
Mayor Suarez: Call the roll on the motion.
Ms. Natty Hirai: All right. You want to me call the... OK.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 92-602
A NOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEMS PZ-1
AND PZ-2 (PRIOR NOTIONS 92-594 AND 92-595) WHICH HAD
DENIED THE CHANGE IN LAND USE DESIGNATION AND A CHANGE
IN ZONING ATLAS FOR PROPERTY AT 3711 S.M. 26 TERRACE
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
286 September 24, 1992
i
•
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'm not sure that the reconsideration is going to lead to a
different vote for me, but I'll vote to reconsider. All right PZ-12.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: But I just wanted to say, I got the...
Mr. Genuardi: Joseph Genuardi, Zoning Administrator...
Commissioner Plummer: Don't you have to vote now to reschedule it?
Vice Mayor Alonso: Oh.
Mr. Genuardi: City of Miami, Planning Building and Zoning.
Mayor Suarez: Well, I'm sorry. I thought that was automatically rescheduled
then for...
Mr. Maxwell: This meeting.
Commissioner Plummer: What?
Mr. Maxwell: This is the same meeting. I don't see why you can't reconsider
at this meeting.
Commissioner Plummer: We can't reconsider at this meeting. The people aren't
here.
Vice Mayor Alonso: ...right now.
Mayor Suarez: No, no. We cannot reconsider here.
Vice Mayor Alonso: We are going to do it...
Mayor Suarez: It would not be procedurally fair to the opponent.
Mr. Maxwell: All right. Schedule the date. Indicate on the record the date.
Vice Mayor Alonso: Yes.
Mayor Suarez: I think it's automatic. You can reschedule at the next
Commission.
287 September 24, 1992
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y
Vice Mayor Alonso: Next Commission meeting.
i
Mr. Maxwell: The next P and..*
Mayor Suarez: Next session.
Mr. Rodriguez: October twenty...
Mr. Maxwell: The next Commission meeting?
Mayor Suarez: Next Planning and zoning. Next Planning and...
Vice Mayor Alonso: The next session of the... Yeah.
Mr. Rodriguez: October 22nd.
Mayor Suarez: You've got it.
Commissioner Plummer: But does it take a motion or is it automatic?
Mr. Maxwell: But it has to be on the record, sir.
Mr. Rodriguez: And PZ...
Mayor Suarez: OK. You've got it. I'll entertain a motion to reschedule it
for the second meeting in October...
Commissioner Dawkins: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: ...which is the 22nd.
Mr. Rodriguez: Right.
Mayor Suarez: Is that what you're saying?
Mr. Rodriguez: Right. And also PZ-2.
Vice Mayor Alonso: Twenty-second of October.
Mayor Suarez: PZ-1 and PZ-2, moved and seconded. Call the roll.
288 September 24, 1992
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-603
A MOTION TO CONTINUE TO THE OCTOBER 229 1992
COMMISSION MEETING (A) AGENDA ITEM PZ-1 (PROPOSED
FIRST READING ORDINANCE TO CHANGE LAND USE DESIGNATION
OF PROPERTY AT 3711 S.W. 26 TERRACE FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL); AND, (B) PZ-2
(PROPOSED FIRST READING ORDINANCE TO REFLECT A CHANGE
IN THE ZONING ATLAS AT 3711 S.W. 26 TERRACE FROM R-2
TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL).
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: All right. PZ-12.
Commissioner Dawkins: Mr. Mayor?
Mr. Joel Maxwell: Mr. Mayor?
Mayor Suarez: Yes.
Mr. Maxwell: Point of information just to answer the question that
Commissioner Dawkins raised. We see no requirement here that the prevailing
party be the movant.
Mayor Suarez: That's it. That's what I was pretty sure of. OK.
Vice Mayor Alonso: OK.
Mayor Suarez: So, we're all right.
Commissioner Dawkins: So, what now?
Mayor Suarez: Your right on the...
Commissioner Plummer: You were right. I was wrong.
Mr. Maxwell: You were correct, sir.
Mayor Suarez: OK.
289 September 24, 1992
Commissioner Plummer: It's not OK, but that's the name of the game.
Vice Mayor Alonso: It's a good feeling, isn't it?
55, DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL ZONING
BOARD'S DECISION THAT USE OF THE COMMUNITY AND RECREATION BUILDING AT
1809 BRICKELL AVENUE FOR UNION MEETINGS (NOT ASSOCIATED DIRECTLY WITH
THE CONDOMINIUM OWNERS) IS NOT PERMITTED AS AN ACCESSORY USE -- IN ORDER
THAT BOTH GROUPS MAY NEGOTIATE THEIR DIFFERENCES AND REACH CONSENSUS
(Applicant(s): United Teachers of Dade (U.T.D.). Appellant(s): Brickell
Homeowners Association, Inc., and Brickell Florida Condominium
Association, Inc.).
------------------------------------------------------------------------------
Mayor Suarez: PZ-12.
Mr. Joseph Genuardi: PZ-12 is an appeal of the Zoning Board's decision,
reversing my interpretation on whether the United Teacher of Dade building at
1908 Brickell... 1809, rather, Brickell Avenue, may be used for union
meetings. The... Since this is an appeal, the appellant will present their
case first.
Mayor Suarez: All right.
Mr. John Fletcher: I guess that's me.
Mayor Suarez: That's you.
Mr. Fletcher: Yes. John Fletcher, 7600 Red Road in South Miami and I
represent the appellant...
Commissioner Dawkins: What item are we on?
Mayor Suarez: PZ-12.
Ms. Matty Hirai (City Clerk): Mr. Mayor?
Mayor Suarez: Yes.
Ms. Hirai: Do we serve them...
Mayor Suarez: Who else is here on PZ-12...
Vice Mayor Alonso: You'd better.
Mayor Suarez: ...that expects to testify?
Vice Mayor Alonso: Yes.
Mayor Suarez: OK. All of you who expect to testify for or against, on his
side or the other side, please raise your hand and be sworn in. OK. We've
290 September 24, 1992
0
got high powered U.T.D. (United Teachers of Dade) members in the back there.
You see their hands raised up? OK.
Ms. Hirai: Do you swear that the testimony you are about to give on this...
Commissioner Plummer: Whoal Mr. Fletcher, are you going to testify, sir?
Mr. Fletcher: Every time I come down, I tell you guys...
Mayor Suarez: Please, just do it just to..
Mr. Fletcher: I know. I'll do it.
Mayor Suarez: ...get things done.
Mr. Fletcher: Yes. Yes.
Commissioner Plummer: Thank you, sir.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Fletcher: Why not?
Commissioner Plummer: For those who are lobbyists, are they all registered
with the City of Miami that are going to testify?
Mayor Suarez: Yes. All right, sir.
Mr. Fletcher: OK. John Fletcher, 7600 Red Road in South Miami and I
represent a number of the appellants here today, including Brickell Place.
This is an appeal from your Zoning Board, as you obviously know. And if we
had been successful we would be the appellees and not the appellants. Back in
1966 it was, United Teachers of Dade built their U.T.D. Towers, if you recall.
And you all know where it is. It wasn't until about 1977 that some
controversy, or maybe just before then, that some controversy about the use of
the U.T.D. Towers came out. It appears that the union was using the U.T.D.
Towers for commercial purposes, their own commercial purposes. The City at
that time, in 1977, sent a letter dated August 19th of that year to Mr.
Stanley Axlerod who is the Executive Director of U.T.D. Towers, advising
U.T.D. Towers that they had to stop the commercial use. And, I'm sure you
have it in your packet, but nonetheless I have a copy of that letter for you.
It is claimed by U.T.D. Towers representatives that at that time their
attorney, who was Elizabeth Du Fresne, wrote a letter to Mr. Frank A.
Williams, Jr. at the City saying that OK, they were going to comply with
everything you said, except that they wanted to reserve the right to
maintain... or maintain the right to have meetings of their Board of
Directors or their union stewards at this particular facility. Now, your
staff later said, when this issue came up again, or when it actually came up,
as we understand it, that such would be an illegal use. It's not a
residential use and only residential uses are permitted on the particular
property. When this letter was written, and the copy I have is not a signed
copy, and I've never seen a signed copy... That does not mean that there was
not one and I'm going to act as if, in fact, this letter was received by the
291 September 24, 1992
City from Elizabeth Du Fresne to Frank A. Williams, Jr. Now, when that letter
was received I don't know what happened. I don't know what the City's
position was. Nobody seems to know what the City's position was in regard to
this letter. But nonetheless, a person cannot reserve the right to do that
which is prohibited by the Zoning Code. Now, the matter came to the attention
of Brickell Place in about December of 1990, when a permit was issued to
expand what they called their recreational facility on the property. And we
noticed that the construction was taking place. My clients noticed that. My
clients were concerned about this, wanting to know what was going on, and so
they investigated the matter. They hired an architect to look into the
situation, to see exactly what was happening on the property. And the
architect, Mr. Rocko Pace, came back and said that was is happening here
appears to be other than a residential expansion of the property. They are
putting in a very, very large facility that will serve well beyond the
residents' use of this particular facility.
Mayor Suarez: When was all of this happening?
Mr. Fletcher: This was in 1990 - 1990/1991. Apparently, according to U.T.D.
Towers, they had been meeting in this facility for all these years, and now
they were expanding, for whatever purpose they had in mind, by adding to their
particular facility. Mr. Pace came back and reported that this was more than
the residents would ever need and we came down to the City and we brought Mr.
Pace's report along. And at that particular time there was a letter written
by Mr. Genuardi, a memo by Mr. Genuardi to Mr. Jorge Ventura, pointing out
that the building permit that had issued for this was not clear, and it needed
to be amended to state that this particular facility was going to be used for
residential purposes only, and no other purpose. A letter went out from your
department at that time to the person who held the building permit, advising
them - that's John McKee, Inc. - advising them of exactly what I have told
you: that this particular facility could not be used for anything but
residential purposes and he should come down, and amend it, and make certain
that the building permit was clear - that, in fact, this use was to be for
residential purposes. That occurred. The building permit application was
changed or amended to show that the facility that was being built was not just
a recreational facility but a condominium, residential, recreational facility.
They understood at that time, when they came down and signed that, that this
was only for residential purposes only that the property could be used.
Nonetheless, after the property... After this building permit was changed and
amended, and after the building was constructed, the addition was fully
constructed, U.T.D. Towers elected to violate the zoning on the property by
holding other than residential uses thereon. An appeal was then taken on
behalf of U.T.D. Towers after the City advised them that was inappropriate and
sent a letter so saying, and that it was in violation of the law from day one,
and remains in violation of the law today. Nonetheless, an appeal was taken
by U.T.D. Towers, by Lucia Dougherty, attorney for that particular client of
hers. And the Zoning Board after hearing what we're talking about here today,
and the rest of the case that you will hear, decided that in it's wisdom, that
it was going to overturn the Director's decision and find, in some fashion,
that they could continue to use this property for their meetings, other than
the residential meetings on the property. They hold... As I say, they hold
their union meetings there. Now, my clients are opposed, of course, to...
292 September 24, 1992
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Commissioner Plummer: Is that the commercial aspect, holding a union meeting
there?
Mr. Fletcher: ...any use in a residential zone, except residential purposes.
Commissioner Plummer: In other words, he's claiming that's a commercial use?
Mr. Fletcher: And they want to ask you, as a consequence, to reinstate the
decision of your staff, which was the correct decision...
Commissioner Plummer: Yeah, I understand.
Mr. Fletcher: ...that you can only have residential use on this property. I
go back to the 1977 unsigned letter from Elizabeth du Fresne, and I say again,
nobody can write a letter to a member of your staff, Mr. Williams, and say,
"We are going to continue violating zoning," and as a consequence, in some
fashion, obtain a right by doing that. That does not, under any circumstance,
keep the City from a subsequent time when it does learn about the violation,
stopping the violation, or at least in this particular situation, certainly
attempting to stop the expansion by the increase of the structure under the
building permit.
Commissioner Plummer: John, could I stop you for... Let me ask one question
very quickly. What is your contention that is the commercial aspect of this
property? Is it the union meetings or is it some other commercial aspect?
Mr. Fletcher: It is, in fact, it is meetings that are being held there that
are not residential. Our position is the only use can be held on property is
residential use and solely for the residential purposes of the members.
Commissioner Plummer: OK. But in other words your contention of the
commercial use is the meetings of the union that are held in this facility?
Mr. Fletcher: No. I would say nonresidential.
Commissioner Plummer: OK. OK. But there is nothing else that you are
inferring that is a commercial use.
Mr. Fletcher: It is my understanding that they took out all this other
commercial uses.
Commissioner Plummer: There were others?
Mr. Fletcher: Oh, yes.
Commissioner Plummer: Such as?
Mr. Fletcher: They had lawyers' offices on the premises. I am sorry I would
have to go back to the 177 letter.
Commissioner Plummer: OK. But as of today...
Mr. Fletcher: As of today...
293
September 24, 1992
Commissioner Plummer: ..0 it is just the union meetings that are in -
contention?
Mr. Fletcher: That is what I understand. Now, these meetings are not small
meetings. They park all over the place, including across the street in the
church parking lot. They have, in the past, created a traffic hazard because
of this. They park all over. Now I know that our opponents are going to say,
"Well, we will organize it, and we have hired security to make certain that
the parking situation is corrected, or at least safer than it was before. But
our position, again, is this is an inappropriate use. The use of the
residential property 1s for the residents of that property only under your
zoning code, and I think you might want to check with... I don't want to put
words into your staff's mouth, but I think they will confirm...
Commissioner Dawkins: We won't let you do that.
Mr. Fletcher: It would be the wrong words anyhow with my luck.
Commissioner Dawkins: We won't let you do that. If you do, they will be
working for you.
Mr. Fletcher: The staff, anyhow, has issued a report previously pointing out
the violation of the zoning over the years by this particular activity. And I
believe the staff, although the reversal was by the Zoning Board, the staff
would stand by its report that it issued previously, and I would like to ask
some of the other people to come forward and explain to you their position on
this.
Vice Mayor Alonso: Mr. Fletcher, actually the concern is the number of people
that attend the meetings, and the parking situation, and the...
Mr. Fletcher: Yeah. Two things, actually, my clients have expressed to me.
The actual events themselves bring in large crowds with a large number of
vehicles to park in the park across the street in the park ground.
Vice Mayor Alonso: How often do they meet?
Mr. Fletcher: I understand that they meet once a month as I understand it for
their regular meetings. They may have additional meetings as well.
Vice Mayor Alonso: Do you have an idea of the number of people that attend
the...
Mr. Fletcher: No. I am sorry I don't.
Vice Mayor Alonso: Can anyone respond that?
Mr. Fletcher: It is such a substantial amount of people that there is
insufficient parking on their property. Their property cannot handle the
j' parking. They have had to go elsewhere to park.
Vice Mayor Alonso: Mr. Genuardi, do you know the number of people
approximately?
294 September 24, 1992
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Mr. Joe Genuardi: I...
Vice Mayor Alonso: Are we talking about...
Mr. Genuardi: I seem to remember roughly...
Vice Mayor Alonso: ... a thousand people, five hundred, two hundred?
Mr. Genuardi: About three hundred I think.
Mr. Sergio Rodriguez (Assist. City Manager): My recollection was about eighty
percent (80%) of the membership, so it was about 360, but that is... You
know, the files are huge on this, so...
Mr. Fletcher: Yeah. There are 500 stewards and so eighty percent (80%) of
that, as he says, would be about 360 people. This is not a small meeting that
would take place on the property. OK.
Vice Mayor Alonso: Thank you.
Mr. Randall Roger: Good evening. My name is Randall Roger, 200 S.E. 15th
Road, Miami. I am here in behalf of the Brickell Homeowners Association which
is a consortium of condominiums adjacent to the U.T.D. (United Teachers of
Dade) building, both north and south, and with me is Tory Jacobs, the
President of the association, and he will be commenting in a moment. I would
just like to point out to the City that the area from 15th south to 25th Road
is a residential area. The City has gone to great lengths to maintain that
residential character, and has worked with the Brickell Homeowners Association
in the past. There is no commercial use of property in that area except as an
accessory use to the buildings that are located on Brickell. The union has
been utilizing the property for the meetings of its membership.
Commissioner Plummer: Sir.
Mr. Roger: Yes.
Commissioner Plummer: If I may, there are, to the best of my knowledge, there
were private restaurants and a discotheque in a couple of those buildings
existing there on Brickell Avenue. Now, they might be gone now, but they...
I very vividly remember a restaurant that my mother used to go to in the
Brickell Townhouse quite frequently, and there was a disco that I never went
to, but some of my friends went to, so I don't think it is totally
residential. I think that the... Watch your language. OK. So just to
correct the statement.
Mr. Roger: In response... Certainly... In response to that I did touch upon
that, and I said that there are commercial enterprises but they are accessory
to the use of the buildings.
Commissioner Plummer: No, sir. They were open to the public.
Mr. Roger: But not at this date.
f
295 September 24, 1992
S
Commissioner Plummer: Now whether or not they still exist, I can't answer. I
know that they did.
Mr. Roger: And the question that might raise 1s whether the City had them
closed because they were in violation of the zoning, but we are not addressing
that this evening.
Commissioner Plummer: One was closed because of a machine gun. Do you
remember that one?
Mr. Roger: Pardon me?
Commissioner Plummer: The one was closed because of a machine gun.
Mr. Roger: That is equally effective.
Commissioner Plummer: I remember that one well.
Mr. Roger: Perhaps more affective. Certainly more direct. The meetings of
the union are more frequently than monthly. There are monthly meetings, we
understand, but often there are additional meetings that do draw additional
members of the union to meet, so it is not just 12 meetings a month [sic].
There have been occasions where there are upwards of three or more meetings in
any particular month. The meetings that are held, we understand, are not
strictly to discuss the management of the building, or the operation of the
building, but discussing union business which does not pertain to the building
itself. At this point I would like to introduce Mr. Jacobs for his comments.
Mr. Tory Jacobs: My name is Tory Jacobs. I am President of the Brickell
Homeowners Association and represent this consortium of condominium
associations from 25th Road down to 15th Road, on Brickell and on the side
streets, and we are the neighbors. And we are the neighbors of the residents
of the U.T.D. Towers. Now, these residents... There are 272 units there.
Twenty hundred and seventy of them are used by the people who qualify under
H.U.D. (Department of Housing and Urban Development) for the low rent housing.
Two of them are used by staff, as I understand it. these people, our
neighbors, when the union meets there, are moved out of... Precluded of use
of their facilities, of their recreation facilities. (GRUMBLING NOISES FROM
THE AUDIENCE) They are here. Here they are, and they are saying... They...
That the 500...
Commissioner Plummer: He has excited the...
Mayor Suarez: Imagine that this is a classroom that we...
Commissioner Plummer: Don't excite the sewing circle.
Mayor Suarez: ... are the teachers and we are having a debate, and both sides
are going to be heard. Believe me we are going to look for every possible way
to satisfy those who, at some point, may have taught us, but we are also
interested in your viewpoint, and your arguments, erroneous as they may seem
to us at times. All right, Mr. Jacobs.
296 September 24, 1992
Mr. Jacobs: Thank you. I just want to say that we are concerned about our
neighbors. We are concerned about having any intrusion of commercial or any
use of our neighborhood by other than the people who live there and their
guests. And when we made a count of the number of meetings that were held
there a couple of years ago, and there were 35 meetings. None in July and
August. Two in the two months. The rest of the months there
were three, four, and sometimes five meetings. The larger ones or the
meetings of stewards which there are close to 500, and in addition to the
stewards there are other administrative people that come to these meetings.
They have meetings... Educational meetings... Here is an announcement of a
training meeting that they had there with attendance mandatory, June 8, 1992,
six to nine P.M. They have... This 1s not a steward's meeting just one of
their training sessions. They are using...
Mayor Suarez: Go ahead and either take the mike that goes with you or use the
stationary one. Either one.
Mr. Jacobs: Yes. Thank you. The union is using this for their monthly
steward's meetings which they have, I believe, eight to ten times a year, and
for training and for other purposes, and we feel that this is not a legitimate
use of a residential, social, recreational facility. We are joined in this by the Brickell Area Association and all of you received a letter on July 15th,
hand delivered, signed by the Brickell Area Association saying that they
support the position of the Brickell Homeowners Association, and recognize the
importance to our City of protecting the residential character of the area in
which the U.T.D. Towers is. Now, the law has been quoted to you, and I am not
an attorney, and the law says that it should not be commercial use here, and _
the City has ruled this, and we support the City in this position. Beyond the
law, however, there is our interest in the future development. Next, on the
other side, from where Brickell Place 1s, is an undeveloped piece of property —
where the Villa Maria, Santa Maria, used to be. Some day, hope soon, somebody
will want to come along and develop this property and, hopefully, make good
residential property that will bring in maybe fifteen million more dollars a
year in tax revenues to the City. But I don't know a developer will want to
put a first class property that brings in new tax revenues if it is going to
be built next to a union meeting hall. Now, I represent over 4,500
condominiums that pay taxes, property taxes to the City of Miami. There are
no property taxes on this property at 1809 Brickell where this H.U.D. financed
U.T.D. Tower resides. There are no taxes there because of the way the law 1s
written. And there should be no taxable use. Now, I would like to answer
Commissioner Plummer's question about the restaurant in Brickell Townhouse.
That is long closed. I live in Brickell 25, and we were instrumental in
getting that restaurant closed down. The discotheque, that was downstairs in
the Brickell Bay Club at 2333 Brickell Avenue, is long gone, and the only
things that are on Brickell are the convenience stores for the benefit of the
residents that are in two or three of the larger condominium buildings. There are no... Nothing available to the public in this ten block area at all, and
we would like it to stay that way. Thank you very much.
Mayor Suarez: Very good. One quick question not at all related to this, if I
may, as long as I got you here. If there is anyway, Tory, that you can get
organized the 4,500 condo owners to pool together some resources and right
away clean the median on Brickell because we have tried to clean the streets
and you know how much that has cost, and you have seen the number of trucks
297 September 24, 1992
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that are out there. Other communities have done that. I have asked the
D.D.A. (Downtown Development Authority) to do the same thing with Brickell up
to the end of their jurisdiction, but before the grass dies on the median, and
before we get a chance to take our trucks out there...
Mr. Jacobs: What kind of money are we talking about?
Mayor Suarez: Well, divide a few thousand dollars by 4,500 and it won't be
that much, and, by the way, you have got the handy trucks coming in and out of
Bristol Towers there and they apparently have a company that does this. You
may be able to make a deal with them. It is just an idea. Other
neighborhoods are doing it. We don't recommend it, and we don't ask it of
people in, you know, Allapattah, and Wynwood, and Little Havana and so on,
because they just can't afford it. But it would be very very helpful.
Mr. Jacobs: We would very much like to address this and work with you on it,
and...
Mayor Suarez: Just that we don't do more damage to the grass there that will
then take a few years to grow, and it will sort of lower the property values.
We are trying to ultimately pick it all up but I don't even think that
Brickell is a City street, so to the extent that we are doing it we are doing
it... It is part of US-1 so I guess it is... Just an idea.
Mr. Jacobs: It is a good idea and I think we can work with you on this.
Mayor Suarez: I tell you what, if you can get ten dollars from each I bet you
could do it.
Mr. Jacobs: But we also have in mind, and this relates to it, going for the
Department of Transportation State Grant for beautification for this area, and
we would like the City's sponsorship...
Mayor Suarez: Absolutely. You have got it.
Mr. Jacobs: ... because they go hand in hand, and I think we could do
something like that.
Commissioner Dawkins: Well, sir, you tell your condominium owners that I am
not concerned. When this City Commission allows a private hauler to charge
you to haul off the garbage, and this City Commission picks up the trash, this
City Commission is responsible not the condo owners, because this City
Commission should demand that the guy you pay to haul away the garbage should
also haul away the trash. That is Miller Dawkins's feeling.
Mayor Suarez: While you make those demands, just be mindful that the grass is
dying up. Do the best we can to try to get that cleared up.
Mr. Jacobs: We are mindful of that and in addition to the public safety
factor...
Mayor Suarez: Absolutely.
il
298
September 24, 1992
e
Mr. Jacobs: ..•
happening because
about that.
is that any car trying to cross Brickell can't see what is
of the pile on the median, so we are very much concerned
Mayor Suarez: By the way our schedules of cleanup are being put out on a
daily basis, for those of you who live in the City, presumably all of you do,
and I think we are doing a darned good job, but there is just so much of it.
We estimate 30 years worth of... (APPLAUSE) Thank you. Thank you. Thirty
years worth of debris. All right. We will vote for your item. Vice Mayor
Alonso.
Vice Mayor Alonso: Yes. Oh. He is not finished.
Mr. Roger: Do you need Mr. Jacobs again? Do you... Vice Mayor do you have a
question for Mr. Jacobs?
Vice Mayor Alonso: No. No. I wanted to ask from the union...
Mr. Roger: I just wanted to finish up...
Vice Mayor Alonso: ... some questions.
Mayor Suarez: OK. That will be good.
Mr. Roger: ... and I will be brief. One comment that Mr. Jacobs did not make
and that is that the Brickell Homeowners Association is eager and interested,
and always available to work with the City, because they do care about the
appearance and the residential character of Brickell, and, obviously, that is
why we are here present this evening. This 1s a final comment. Mr. Jacobs
did mention that the City was supportive of the position that this is
residential property and should remain so. Just to understand that the
Planning and Zoning hearing the Planning and Zoning Board was, I believe,
swayed by a large turnout that was present in the gallery. Again, we expect a
large turnout in behalf of both the union and those people who reside in
U.T.D. Towers. Just so that the City is cognizant of some of the difficultly
we face in terms of their organization, a memo was distributed to the U.T.D.
Tower residents inviting them for pizza and coffee in the auditorium before
leaving for the City Commission Chambers at 3500 Pan Am. I think that is
marvelous, really, that the building is able to provide activities and assist
the community, but I do object to the inference here that they are... The
community if fed and given some type of entertainment to be brought here to
speak their mind, or at least be bodily present. Thank you.
Mayor Suarez: All right.
Vice Mayor Alonso: I have some questions for the union. Has any effort been
made to see, or if it is possible, from the point of view of U.T.D., to have
less meetings and also to have a smaller number of people attending the
meetings? Can they divide the meetings so that the number is not as large?
Is it possible?
Ms. Lucia Dougherty: Commissioner Alonso, the meetings that they are
referring to is the meetings of the building stewards. It is the governing
organization of the union. The number of meetings that we have every year,
299 September 24, 1992
0
and the only number of units that we want permission to continue having is ten
a year.
Vice Mayor Alonso: Ten a year. OK.
Ms. Elizabeth du Fresne: That simply is not true. I am sorry, Lucia. We
have ten U.Y.D. Counsel of Steward meetings. In addition we have training and
other things. My agreement with the City was that all of these functions,
which were described in detail to Frank Williams.
Mayor Suarez: Before we get into agreements with the City can you put your
name and...
Ms. du Fresne: Yes. Elizabeth du Fresne, General Counsel, U.T.D. I live at
3580 Battersea, City of Miami, and my street has been cleared and they have
done a beautiful job, and U.T.D. would like to contribute $500 to start the
clearing of the median down the front of that section.
Mayor Suarez: There you go. We got a fund there. OK.
(APPLAUSE)
Ms. du Fresne: So. But the ten meetings are only a portion of what we do.
They are absolutely right. We have maybe 35 to 40 during the course of the
year. They are not big. But we have ten big meetings. We have 420 stewards.
They must, by law, the constitution of the body, must meet. Eighty percent
(80%) of them show up that means we got like 360 to 380 people at a good
meeting. We can't not do that. But understand who U.T.D. is. They are
talking about commercial. We own and sponsor the building. We are not some
strangers who came off the street. These people live in housing we sponsor
with H.U.D. We must take an active part. We don't have any choice, and we
want to. They are our family. It is U.T.D.'s family. We had our
headquarters there when we built it. We planned on always having our
headquarters there. The City and everybody said we couldn't do that so we
moved out. But I met with the City. This is not... When the gentleman said,
"We don't know what happened." I am afraid that is just not true. I know
what happened. I was there. I held all the meetings with the City. There
were three. We originally said we would move out the administrative section
by August. We couldn't because the building we had bought over on Coral Way
wasn't ready yet. They hadn't moved the other tenants in so we had to do
another. I don't have those earlier meetings written up but the letter that
1s in your packet, the October 18, 1977 letter, from me to Frank Williams,
Chief Zoning Inspector, it is not signed because it is my copy from my file.
I mean I don't sign copies that are in my file. I sign the one that goes to
Mr. Williams. That letter is not me imposing on the City something if you
read it, "as we agreed in the informal meeting." I am talking about what the
City promised us. In 1977 when we agreed not to contest the City's ruling,
and we could have contested and appealed. When we said that we would not
contest that we did it on a clear and unambiguous understanding. An agreement
with the City that we could continue to use that. The other question that we
addressed, Mr. Williams and me, it is not that we don't know who talked or
what was said, two of us were talking. The other question we addressed
ourselves to, at the September meeting, was the use of U.T.D.'s Tower
Auditorium, not unambiguous. Since the facility is available to all nonprofit
300 September 24, 1992
organizations, under the H.U.D. guidelines - understand, anybody who is a
nonprofit organization can use that auditorium under the guidelines we built
the building. United Teachers of bade, a not -for -profit organization, will
continue to make occasional use of that facility for union meeting purposes.
This specifically includes, but is not limited to, and I told him all about
training and all about those things, its monthly council of representative
meeting. Thank you for your cooperation and attentive attention. This wasn't
unclear. We talked about it, we agreed to it, and we didn't appeal the City's
decision to move us out of there on the strength that we would continue to use
the auditorium. We then spent three quarters of a million dollars on that
auditorium.
Mayor Suarez: How big is the auditorium? How many people does it seat.
Ms. du Fresne: It will seat 500? (INAUDIBLE RESPONSE NOT ENTERED INTO THE
PUBLIC RECORD) About 500. And these folks use it everyday. I mean it is not
like U.T.D. is the only people who use it. These are the folks that use it.
The folks who live in the towers. I mean it is their auditorium. (APPLAUSE)
They allow the sponsoring organization, the owner of the building, to use it —
too. I don't understand, and I didn't understand how the staff could possibly
say that this was an illegal use because if we can't rely on our agreements
with the City, it would be pretty sad. I am the person who made the agreement
and shook the hand, so I know this City agreed that we could use that tower's
auditorium, and I know that everyone in this room knows that since 1966 we
have. So I am not playing lawyer today, and I interrupted Lucia, and it is
absolutely unacceptable, and if somebody did it to me...
Mayor Suarez: Yeah. And you are also overstating your case.
Ms. du Fresne: ... I would go... terrible...
Mayor Suarez: You are probably making a little bit more of a letter...
Ms. du Fresne: ... horrible witness.
Mayor Suarez: ... in 1970. Say, yeah, really.
Ms. du Fresne: Absolutely.
Mayor Suarez: But we...
Ms. du Fresne: But it is all true.
Mayor Suarez: ... otherwise like you. I mean it is just a...
Ms. du Fresne: And I did take the oath, and it is true, and I will shut up
and let my lawyer talk for me, and I apologize for interrupting her.
Mayor Suarez: Horrendous clients. (APPLAUSE)
Ms. Dougherty: I will never be able to do as well as she does though. Lucia
Dougherty, 1221 Brickell Avenue. I just want to bring a few legal points to
this argument. This project was built under Section 202 of the Housing Act of
1959. That act requires the fraternal organization which sponsors the
301 September 24, 1992
construction of the building to be wilting and able to maintain a continuing
interest and support in the project throughout the lifetime of the project.
So we have three reasons why we believe that this is a legal use and ought to
be able to be permitted..► continued to be permitted. Number one, we own the
building. This is the meeting of the owners of that building. Number two,
that it was legal today, just as it was legal in 1966 when we established the
use. In 1966, not only did we meet there all the time, ten meetings a year of
the building of council stewards, and had these training session, but
Elizabeth du Fresne, who is their lawyer, had her officer there. Her legal
office. And they had the offices for the unions in 1966. At that time he
made reference, John Fletcher made reference to a letter that was sent by the
City, and he said it said remove all of your offices and you can discontinue
using it. Well, the truth is it didn't say that it was... All it said, this
letter, was that you couldn't have your offices there, the offices of the
union. So in 1977 when Elizabeth became involved with it, and that was an
occasion where you approved a new building for that project. A new building
was to be constructed. It never• actually got constructed, and that is when
the issue came up about how they were using the building. At that time the
City said you can't use it for your offices any longer. So Elizabeth went
down there and met with the and said, "OK. I am not going to use it for my
offices, but, obviously, these meetings of the owners of the building are
legal." And somebody at that point must have agreed with her. So our point
is either it is legal now, and if it is not legal now, then we have an
estoppel, and the City can't change its mind, because in 1977 it obviously
thought it was legal. So, under the theories of an estoppel, when a person
changes their position in reliance upon something that you have done, and
actually go build a new building, move their offices, didn't appeal your
decision, and now you come along ten years later and say, "Hey, we have
changed our minds. This is really not legal anymore." That is wrong.
Government just simply can't change its mind like that. So our legal theories
are, A, it is legal now, and if it is not legal now then you are estopped from
changing your mind because in 1977 you must have thought it was legal. Also
let's look at the public policy behind this. They found out that we were
having union meetings in 1990 when we asked for a permit to expand our
community center, and, again, under the Section 8... Under the Section 202 of
the Housing Act, we are required to put community centers in. We may put
recreational facilities for the building, but we are required to have
community centers, and in our community center, for example, is a polling
place for all of Brickell Avenue. These folks vote there, and so do our
neighbors vote there. So it is a community center. Now at some point when we
came in for our permit to expand our community center someone looked at that
and said, "Oh, you should have had a residential." Well our contractor went
out and changed the building plan and said, "OK. It is for residential use
only." Didn't ask me about it. Didn't ask Elizabeth about it. Didn't ask
Bill du Fresne about it, because we would have told him you don't have to
change it. We would have appealed it then but our contractor went out and
changed it. But anyway, back to our public policy. Who is being hurt? The
truth of the matter is the Brickell Place Condominium had this very important
notice up on all their buildings saying you have to come down to this meeting.
We don't see that many people down here, do we, because know one is getting
hurt. No one is complaining about it. We have had no complaints. Mrs. Otto
is here who has never received a complaint about our union meetings. We have
all of our neighbors who are the most directly affected by the union meetings,
they aren't complaining. Would anybody here who has been affected, in a
302 September 24, 1992
negative way by our union meetings, please come forward. These are our
neighbors. These are the folks who, in fact, live in our building and are the
most directly affected by our meetings, who are not in opposition. Right
here. As far as the traffic situation. We have 272 units. We have 220
parking spaces, of which 151 are assigned. In addition to that, we lease the
parking lot across the street from the church. Now our auditorium is actually
smaller than the church auditorium although we have the entire parking lot of
the church leased to us in addition to our own parking which is in excess of
the number of parking spaces which are assigned. We also have hired Wackenhut
to monitor the traffic situation out there, and I have an affidavit from a
woman who testified, I never knew her before, but she testified at our last
planning board meeting. She could not be here today, but she says that she
lives in a residence at Brickell Place, at 1925 Brickell. That the entire
time that she has resided at Brickell Place she never knew that the United
Teachers of Dade or any other organization held meetings at the U.T.D.
building. That the only disruption to the normal everyday traffic that occurs
on Brickell Avenue are the movies that are filmed periodically at the Brickell
Place condominium buildings. That she has never been inconvenienced by the
traffic, and she does not object to the U.T.D. being used for union meetings.
I also have a petition of 249 residents of the U.T.D. who are not opposed.
And, finally, before I conclude, I would like Murray Sisselman to come forward
and give you some testimony as to why this is a necessary facility for the
union. But before he speaks, I would like Carolyn Gregg to come forward, who
Is a resident. She came forward and contacted us, and would like to speak to
you about a letter that was received by the residents of the association from
the residents of the council towers from the Brickell Place Homeowners
Association.
Ms. Gregg: I already was sworn in. I received along with... I am sorry, I
have got laryngitis. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Pardon? My first name is Carol, and the last name is Gregg, G-R-E-G-G. Oh, I
am sorry. First name is Carolyn, and the last name is Gregg, G-R-E-G-G. I
received along with all the other tenants at U.T.D. Towers, a letter from Mr.
Jacobs and... Where is Mr. Jacobs?
Mr. Jacobs: Right here.
Ms. Gregg: Sir, would you come up here for just a minute?
Mr. Jacobs: You want me to read it out loud for you?
Ms. Gregg: No, sir. I am perfectly capable of reading it.
Mr. Jacobs: OK.
Ms. Gregg: In fact I tutor reading. (APPLAUSE) I want to tell you I
appreciate very much your sending...
Mayor Suarez: Madame.
Commissioner Plummer: Well, would you read it loud enough so we can hear it?
Mayor Suarez: You can't use them...
303 September 24, 1992
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Ms. gregg: I don't know that you want to hear this letter, but if you want me
to read it t will. And I have...
Mayor Suarez: Well, we don't know either because we don't know what it says,
but...
Ms. Gregg: All right.
Mayor Suarez: ..e you got him up there as kind of a prop.
Commissioner Plummer: I got a feeling we are going to.
Ms. Gregg: OK. I just wanted to tell this gentleman I appreciate you sending
me the letter. You raised quite a few questions in my mind. Now, would you
like for me to read this letter?
Mayor Suarez: I still don't know what it says, so I don't know if I want you
to read it, forget about it...
Ms. Gregg: Maybe you should hear it.
Mayor Suarez: ... and otherwise dispose of it.
Commissioner Dawkins: Give it to him and he will read it.
Ms. Gregg: Dear David...
Mayor Suarez: If it is a nasty letter then we don't particularly want to hear
it, but is there anything that flows from it that..
Ms. Gregg: Definitely.
Mayor Suarez: ... affects our determination on the zoning matter, ma'am?
Ms. Gregg: Definitely.
Commissioner De Yurre: Nothing kinky.
Vice Mayor Alonso: OK. Then read it.
Ms.'Gregg: Definitely.
Mr. Jacobs: Would you like me to stand here while you read it?
Ms. Gregg: Yes, sir.
Mayor Suarez: No, sir. You may sit, or leave, or whatever.
Ms. Gregg: You can sit down except I want you to understand that I do have
questions.
Mayor Suarez: Ma'am you have to address the chair. Counselor, help us.
Thank you.
304 September 24, 1992
a
Ms. Gregg: I am going to be very honest.
Mayor Suarez: I am sure you always are.
Ms. Gregg: 1 was quite offended by the letter.
Mayor Suarez: All right.
Ms. Gregg: Very much offended.
Mr. Jacobs: I'll come back if...
Ms. Gregg: Therefore, 1 am going to read it. It says dear neighbor. Mayor
Suarez, I voted for you several times so don't hide your face.
Mayor Suarez: So you are going to submit me to this letter without my knowing
what it says. That is fair.
Ms. Gregg: I commend all of the ladies and gentlemen of this Commission for
their patience.
Mayor Suarez: Which is about to be tested further. Go ahead.
Ms. Gregg: "The Brickell Homeowners Association represents the residents of
18 condominiums along Brickell Avenue, 15th and 25th Roads. We are your
neighbors. Our purpose is to protect and enhance the quality of life in our
neighborhood. To this end, we have been zealous in our efforts to maintain
the residential ambience and to prevent commercial, and I have got that
circled, encroachment. We were successful two years ago in getting the City
of Miami to amend the zoning code 11000 for our area to preclude hotel use."
When I finish the letter I will go back to my questions. "We have opposed use
of your recreation facility for union meetings. Your recreation facility is
intended solely for your use, you and your guests." Now this is in very dark
black caps. "The City of Miami Zoning Department has ruled that the union
meetings are a prohibited use. The U.T.D. is appealing this ruling before the
City of Miami Co$ission on Thursday, September 24. The Brickell Homeowners
Association will be there to make our feelings known. Just because U.T.D.
owns the property, this does not enable them to preempt your use, especially
for illegal purposes. We recognize the inconvenience to you and your fellow
residents in U.T.D. Towers occasioned by these union meetings. Not only do
you have to give up your recreation facility, but also other social areas in
the main building must be relinquished for baby sitting, and so forth. And
there is the interference with your parking. An analysis of the budget
submitted by U.T.D. to H.U.D. to justify increases in the rent you pay would
suggest that the incremental cost of the unions usage of your facilities may
not be fully funded by the union and, therefore, passed on to you. It has
come to our attention that representations have been made to some of the
U.T.D. Tower's residence to the effect that your next door neighbors want to
take over your property and evict you. Let me assure you nothing could be
further from the truth. None of our member associations have any interest in
acquiring your property. You are good neighbors. We appreciate your
providing your recreation facility as our areas polling place. The Brickell
Homeowners Association believes that the residences in our neighborhood are
for the use of the residents, not for outsiders even if they are owners.
305 September 24, 1992
Union meetings are primarily commercial activities, and as such, must be
banned from the Brickell residential corridor. Please do not let yourself or
your fellow residents be intimidated by your landlord. Don't believe for a
moment that you can be evicted for supporting the union's attempt to continue
holding meetings in your recreation rooms. Should you have any questions
about this matter, please do not hesitate to call me at 858-9699 any weekday
afternoon between 3:00 and 4:00 p.m. The B.H.A. (Brickell Homeowners
Association) goals of enhancing our area includes you and all the residents of
U.T.D. Towers. We are your neighbors and we all want to enjoy our
neighborhood free from outsiders imposing themselves on us, and free from
nonresidential use of our facilities. Sincerely. Signed by T. Sinclair Tory
Jacobs. PS: The Miami City Commission hearing is scheduled for five o'clock
p.m., Thursday, September 24th, at City Hall. 3500 Pan American Drive in
Coconut Grove. You are most welcome to attend and express your views. You
are not at all bound by any petition that you may have previously signed based
on false and/or intimidation." Now, I want to go back. First of all when we
think of the word commercial I think we work 0 You know, buy,
sell, profits, that type of thing. I find it difficult, and I have lived at
the Towers for four years, I am finding it difficult to count up the number of
meetings they say they have but the times that I have seen them, there has
been to me a very minimal number of people. A very limited amount of time.
These are professional people who are there to enhance, I would hope, the
school system of Dade County...
Mayor Suarez: Why don't you move the mike a little bit closer to you because
you are moving away from it. There you go.
Ms. Gregg: ... and God knows it needs all the help it can get. I hope you
heard what I said. Now...
Mayor Suarez: The commercial, in that sense, I think he means nonresidential.
Ms. Gregg: Well, if we are going to talk about nonresidential use, what are
we going to talk... Supposing I had a family reunion there last year. I have
quite an extended family. I have probably, maybe about half the number of
people that they have at some of these meetings. Are you going to ban that?
Mayor Suarez: I don't know. I haven't met your family yet but...
Ms. Gregg: Let me tell you something. I have got Irish...
Mayor Suarez: Judging from you I might just ban them all. No! Just kidding.
Just kidding.
Ms. Gregg: I have got every nationality, and believe me you would have a war.
Commissioner Dawkins: Just keep it up. Just keep it up.
Mayor Suarez: I am losing her vote and her families. All right.
Ms. Gregg: We have a United Nations in our family.
Commissioner Plummer: Did you argue with your teachers at school?
306 September 24, 1992
Mayor Suarez: Could YOU...
i--Ms. Gregg: No. When we speak of...
Mayor Suarez: ..* sort of summarize the points? The letter...
Ms. Gregg: Yes, I can. Very quickly.
Mayor Suarez: ... probably up until the little kicker at the end was fairly
respectful. You know.
Ms. Gregg: It was respectful but it is offensive. First of all he is
implying that we have been intimidated by management or whoever.
Mayor Suarez: Yeah. That is the kicker at the end. Right.
Ms. Gregg: We have not been.
Mayor Suarez: You could have just read that and that would have told us what
was...
Ms. Gregg: At no time have we ever been told you must go to a meeting. You
must not do this. You must not do that. We have never had to relinquish any
room that we wanted to use. We have never had to postpone any social or
otherwise program that we might have. This is a very distressing thing to me.
Now, I want to get back to this business of baby sitting. I asked one of the
women who stays with the children. She tells me that there can be eight, ten,
sometimes maybe fifteen. Now I stopped in one evening, and I noticed that
there were children that appeared to be from six up. They were doing their
homework, and I found most of the women there were sort of half way tutoring
them, you might say. So I find that ridiculous to think that we are
inconvenienced in any way shape or form by these meetings. I find it
insulting to be told... or inferred that the people that I live with and
work, not literally work with, but that would even imply such a thing. And to
imply an illegal purpose.
Mayor Suarez: Well that is what this issue is about. So don't take that to
heart...
Ms. Gregg: Well, now maybe my interpretation...
Mayor Suarez: ... because we might deem the matter to be, in fact, an illegal
purpose or we might agree with you and deem it legal, and either way know one
should be insulted about it. I mean...
Ms. Gregg: I also want to make...
Mayor Suarez: It is not illegal in the sense that it is something really
realty bad.
Ms. Gregg: All right. Now, I am so glad to note that we are good neighbors.
We try to be. We have a tenants association. We have women who... men and
307 September 24, 1992
women who volunteer in every... It is such a diverse type of volunteerism.
We sponsor a school out in the northwest. We help this children's home. So
there, yes, we try to be good neighbors. The property is certainly well
maintained so there is no problem there. I find it...
Mayor Suarez: What kinds of functions do you have in the auditorium other
than the ones related to...
Ms. Gregg: Oh, well we have...
Mayor Suarez: ... the union stewards?
Ms. Gregg: We have programs. We have... I am trying to think. We have
singing. When I say singing I mean like musical programs. We have excellent
book reviews, and that type of thing. We have travel movies. It is a
cultural type of thing.
Mayor Suarez: Speeches by local politicians every once in awhile? Can't say
we didn't try, Murray. Listen, can we kind of wrap this up so we can finish
the argument? We have got a budget to approve tonight, and it is the last
session and... The last meeting in... What month are we in? September.
Ms. Dougherty: I just have one legal item to put on the record. They keep
talking about a commercial use. In fact, this use is permitted in this
district by special exception today, and I have a legal opinion, I mean a
zoning administrator's opinion to that effect.
Mayor Suarez: Dated?
Ms. Dougherty: Dated July 7, 1992.
Mr. Murray Sisselman: Murray Sisselman, 2040 N.E. 183rd Street, North Miami
Beach, Florida. Members of the Commission, I am a very fortunate individual.
When I started teaching in Dade County in 1956, they took ten cents a month
out of my paycheck for a future teachers' building. In 1960 they increased
that to three dollars a year, so that retired teachers, their family and
friends, could retire in dignity. The outcome of this was the purchase of the
property at 1809 Brickell, as well as the purchase of the property at 1814
Brickell, 1812 Brickell, and in the back we had a home on South Miami Avenue
which was torched. The important thing, ladies and gentlemen, to understand
is this building was built by then the Classroom Teachers Association of Dade
County, now The United Teachers. Constitutionally, the governance of this
body is the council of building stewards. The Executive Board of the union
meets instead when they are not in session, but the highest ranking government
body is the council of building stewards. They make the decisions when we
want to enlarge the auditorium, for noncommercial purposes, we put in a
complete new floor, a complete new audio/visual system, and divided the
auditorium into four sections, knowing that our tenants were getting along in
years all the doors of the newest innovations. You press a button and they
work on a railroad track. No one has to pull the doors. We have movies,
dance classes, lectures, art, sculpture, Mrs. Otto keeps track. We have
between 59 and 80 events per month in that auditorium. These people are our
family. We are one. We hear what they want, and these people do speak up.
They are senior citizens, but they should be respected for what they have done
308 September 24, 1992
AL
for this community. You will find that some of the things were named, but
like those who go to hospitals. The U.T.D. Towers contributes tens of
thousands of hours of free service to this community. From the Christmas
gifts for the migrant camps, to using bed pans for those who are less
fortunate. Ladies and gentlemen, I am proud to be the President of the
Stanley Axelrod U.T.D. Towers. I think it has been a compliment to the City
of Miami. 1 think it has been a compliment to this State. Thank you.
(APPLAUSE)
Mayor Suarez: Very good. Thank you. Last statement. The lady in yellow.
You wanted to say something, and anyone else so we can wrap this up.
Ms. Magda Quiros: Thank you.
Mayor Suarez: We do have the second reading of our budgets. Yes. And a few
of the zoning items that people have been waiting for.
Ms. Quiros: My name is Magda Quiros. I am a realtor. I am both a resident
and owner in Brickell for over ten years, and my prior address was South Miami
Avenue. So, I have been in the neighborhood for fifteen years. I am
extremely concerned, personally, and professionally, in the following manner.
As an owner, I want peace and quiet when I come home. So do my other
neighbors. I object to noise and heavy traffic. Brickell owners pay heavy
taxes and have substantial personal investments in their home. Our goal is to
maintain Brickell Avenue as a luxury condominium high-rise street. The new
addition to our block, which is Bristol Towers, will be setting a new pace to
our Park Avenue of Miami. Future development for other luxury high-rise
developments such as the Santa Maria project, which is next door, adjacent to
this property in question, will be hindered by this heavy commercial use. It
is ultimately imperative that we do not allow any commercial use of zoning in
our lovely quiet residential community. I am convinced that they enjoy this
peace and quiet and lovely residential use of this street just as much as we
do, and 1 am sure that they would not enjoy the street as much if it had any
commercial use...
Mayor Suarez: Very good.
Ms. Quiros: ... so I am in direct opposition.
Mayor Suarez: All right.
Ms. Quiros: Thank you.
Mayor Suarez: Anything further? If not, staff, any clarifications? What is
the standard that we are supposed to be applying, and how do you see the facts
as applying to it? Counselor, did you want to summarize?
Mr. Fletcher: Yeah. I just wanted to say a few sentences. In conclusion,
which I know you will be glad to hear. First of all...
Mayor Suarez: Both sides have kind of tugged at our heartstrings. You might
say that. It might be helpful because we have to make a decision based on the
law here.
309 September 24, 1992
6i3 �
Mr. Fletcher: Yeah. That is what I was going to say. We are told, I have no
reason to disbelieve it, that Elizabeth du Fresne cut a handshake deal with a
building inspector, and that authorizes this group to violate the zoning code,
and violate it it does as your report.., your staff has reported. We know
that that is not the law. The building inspector cannot grant variances. I
can quote you 16 cases on it. City of North Bay Village vs. Blackwell. He
can't grant variances. Only the appropriate City authorities can do that. We
are supposed to believe that we are bound by that particular type of
arrangement if it occurred, and I do not doubt that it occurred.
Mayor Suarez: Well, supposing that we were to agree with you that the
estoppel argument is not the best that noted counselor have ever come up with.
Why, if you have an auditorium, and if you have a large building, can you not
invite your friends over for gatherings?
Mr. Fletcher: Surely, you can, but what we are talking about here is not
friends coming over for enjoyment and pleasure and residential uses. We are
talking about union meetings.
Commissioner Dawkins: But Mr. Fletcher.
Mr. Fletcher: They are holding their union business meetings there.
Commissioner Dawkins: Mr. Fletcher, I have a problem with you insinuating
that somebody shook hands with somebody and made an agreement. I mean that
has no bearing. That has no bearing on what we are talking about. A
handshake amongst anybody has no... You just said yourself has no bearings.
So, I mean, why bring that up?
Mr. Fletcher: Well, 1 brought it up because Elizabeth du Fresne stood there
and told you that she shook hands with Mr. Williams and cut a deal that they
could continue to have their meetings in that building. Now that is what she
said. She went down and she met with him three times...
Commissioner Dawkins: And shook hands with him.
Mr. Fletcher: ... and she was the one that shook hands and walked out of
there.
Commissioner Dawkins: And that's...
Mr. Fletcher: Now, there is nothing else other than that upon which they are
saying that they have an estoppel to stay in there. OK. That is what I am
saying. Also I was very pleased that Lucia Dougherty said that the staff says
that this can be approved by a special exception. If so, then if they apply
for a special exception, and they go through a hearing, you can attach
conditions to the particular use. You can't do that on an appeal, but you can
listen to all of these things and decide yes or no, you want to grant us
special exception, and that would give us the opportunity to talk about what
needs to be done and you. But we are in a situation now where the union is
holding its business meetings. You wouldn't allow anybody else to bring in
500 people and hold business meetings in a residential place.
Commissioner Plummer: Mr. Fletcher.
310 September 24, 1992
s,
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Mr. Fletcher: Yes, sir.
Commissioner Plummer: Let's follow your other train of thought. If, in fact,
they came through the process of a conditional use where we could apply any
stipulations that we wanted, what would you have us apply?
Mr. Fletcher: I haven't thought of that tonight because I am not faced with
that. But to be honest with you, the first thing we would want to deal with
would be their parking problem. Limit the number of people. But that is not
here tonight. What we are talking about tonight is, do they have the right to
continue going the way they are.
Commissioner Plummer: Well, but the point I guess I am trying to make to you
is that it is an argument in conflict. If what you think that there would be
a procedure to proceed under a conditional use by applying stipulations that
would govern, then I have to say to my mind, you are not totally opposed to
them using it, but you have the problem of wanting them to have control of
some kind over the use of the facility. If you said to me that there is no
way, that's it, adios, that I can absorb.
Mr. Fletcher: I think you should know that we have already told your staff
that we disagree with their conclusion that a special exception could issue
for this use, because it is not a residential use. What I am saying is Mrs.
Dougherty raised this issue, but what she didn't point out to you is you can't
attach conditions tonight. There is nothing that you can do. If she is going
to go through the special exception process that she mentioned, you would have
that opportunity.
Commissioner Plummer: With the exception, if I am not mistaken, if this
Commission wished to accept voluntary covenants, it could do such.
Mr. Fletcher: Only if they were here tonight and prepared.
Commissioner Plummer: Well, I am saying that... No. We can approve it
subject to...
Mr. Fletcher: Right.
Commissioner Plummer: ... that covenant being filed. But here again, that
was why I was trying to ask is there a middle ground...
Mr. Fletcher: No.
Commissioner Plummer: ... ground that, in fact, could be come about where, as
you say, additional parking is maybe a criteria, the hours when the meetings
could take place could be a criteria, how may meetings a year could be a
criteria, and I am just trying to see if there is not...
Mr. Fletcher: No.
Commissioner Plummer: ... some way that there is a middle ground.
Mr. Fletcher: Not tonight.
t'.1 311 September 24, 1992
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Commissioner Plummer: Well.
Mr. Fletcher: Not tonight. This is an illegal use. Brickell Place and the
Association stand by their position that what is happening now is an illegal
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Commissioner Plummer: Well, let me ask then of the City Attorney. Mr. City
Attorney, assuming that we pursue that which Mr. Fletcher said is the only way
he knows stipulations could be attached, would there be any prohibition for
this Commission to send it back to start that process, and if so, because we
are requesting that the fee be waived, and if so, pending the outcome of
litigation would it continue to be an acceptable use as it is today?
Mr. Joel Maxwell (Assist. City Attorney): Well, I think you have an
obligation, first of all, to rule on the matter before you. So you would have
to make a decision as to whether or not this is or is not an accessory use.
If you find that it is an accessory use you could attach conditions tonight.
Under the zoning ordinance when you are reviewing a decision of the Zoning
Board, which reviewed a decision of the Zoning Administrator, it is the same
as with variances and with special exceptions. Therefore, if you found first
that it constitutes a valid accessory use, you then could place conditions on
it. If you find that it is not a valid accessory use, that would kill it at
that point. Now, the second point that is concerning the special exception
itself, if the Zoning Administrator who is charged with interpreting the
zoning ordinance, has opined that a special exception is proper in this
situation, then once you... You should find now that accessory use is invalid
now, and then direct staff to initiate procedures for public hearing on that.
Mayor Suarez: All right, folks, let's move on. Any further questions,
Commissioners? If not... Joe, any words of wisdom?
Mr. Genuardi: Well, I just want to say that I base my decision on the fact
that this area is zoned R-4, which is multi -family residential.
Mayor Suarez: Is what?
Mr. Genuardi: Multi -family residential area. When the building was built it
was R5A.
Mayor Suarez: R-4.
Mr. Genuardi: In that ordinance, where it was R5A, there were no accessory
uses listed that would relate to this type of use. Also I researched all the
records and the documentation sent to me, and I could not find anything to
show that the City had approved the use for these meetings in this U.T.D.
Tower. The letter sent by the attorney was not found in my file. I have an
unsigned copy. I have nothing from Frank Williams, who was the Chief Zoning
Inspector there agreeing to this use of meetings by the U.T.D. Unfortunately
Frank Williams has passed away so we can't get his opinion on that, but my
decision was based on the records and what the area was zoned.
Mayor Suarez: Well, where do you limit it? I mean where do you limit the
interpretation that says this particular gathering or sets of gatherings are
312 September 24, 1992
somehow illegal and not all the other functions that are held in the
auditorium?
Mr. Genuardi: Well, the auditorium or the a what is called the recreational
facility was to be used by the residents and their guests, and they could have
different functions for the residents and guests.
Mayor Suarez: Who says that the members of the union of which these folks are
members themselves, and, in fact, is an owner of the building, I believe, in
some capacity, are not their guests?
Mr. Genuardi: Well, I don't believe that any of the people that come to these
meetings live at this facility. There may be a couple, but not many.
Mayor Suarez: No, I said guests. Guests by definition don't live there.
Vice Mayor Alonso: That is where the problem comes about. If these people
were to have the exact type of meetings with friends, and it is a friendly
gathering, they would have no objection. So actually the problem here is the
subject of the conversation? I have problems with that. I do indeed, because
in my mind I don't see the difference if I have a gathering for a birthday
party, or whatever reason. Welcoming the people of U.T.D. into the building.
Teachers, welcome, we love you all. I am able to read because you taught me.
That type of event, is acceptable. Then in the other hand if they have a
union meeting it is not acceptable. Really, I have a lot of problems with
that. (APPLAUSE) In my mind it is difficult to understand. Honestly, in my
heart I am trying to search for what is right, and that is why I ask if it is
possible to limit the number of gatherings to find... You know a reasonable
understanding but in my heart at the same time it is difficult to say this is
illegal, when if I invite my friends this is a legal gathering. I cannot
possibly say this is an illegal use whether the administration tells me, or
explains to me, or you couldn't find the paper on your files because we didn't
have the computer then, and it is easy that the papers got misplaced. It is
very possible because I myself have seen that happen before. So, but it is
difficult to say if it is a celebration for whatever reason, it is acceptable.
But if the union is the one discussion an -item, it is an illegal use. I have
problems with that. Are we limiting the freedom of speech, or what are we
doing exactly? I am having problems with it. I really do. (APPLAUSE)
Mr. Roger: If I could just respond to that, just very succinctly, I
understand that you want to get to the budget. But if we have these meetings
on a regular basis, and if these people are getting together to discuss family
affairs or a family reunion, that is one thing, but they are getting together
to discuss the business affairs of the union.
Vice Mayor Alonso: Aren't you affected, and let's be honest about this in
order to see if we can find an agreement. The problem that you have is
because of the parking situation, is because of the number of people, knowing
essentially that they talk about their families, or they talk about the
unions. What difference does it make the topic of conversation? The problem
you are having is the number of people, and if we can find some sort of
313 September 24, 1992
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logical understanding of better parking situation, facilitate whatever.
Guidelines we can set to help you into having less people interfering with
your lives. I can see that and perhaps we can even both parties get together
and try to find an understanding. That seems to me reasonable, but arguing
about the subject of the meetings, it is difficult to swallow, at least for
one vote. It is very difficult.
Mayor Suarez: There is a... Lucia, this is along the same lines as that
argument. The special notice that was handed to us, and presumably if this
matter went farther in the court system would be used as an exhibit somewhere
along the line, refers to a training workshop for new or recently elected
building stewards. It says that attendance is mandatory. It says a lot of
things that are going to be difficult because, see, we could decide one way or
the other but some court might later tell us that we did not decide properly.
And this is not helpful to your case. I mean along the lines of the kinds of
things that you might to limit is training workshops. This sounds like some
sort of a ...
Ms. Dougherty: Commissioner, I mean Mayor Suarez...
Mayor Suarez: ... activity of... It is not a business in the sense of
traditional business, but it is union business and it may be the kind of thing
that you want to avoid, not only because of the logic of what is being said
here by the Vice Mayor, but also because this is not going to look real good
in the court system, I don't think.
Ms. Dougherty: Mr. Mayor and members of
out a solution with the opposition. We
and they simply said no. We don't like
going to abide by it. So we are at this
the Commission, we have tried to work
actually proffered certain limitations
it. It is an illegal use, we are not
situation.
Mayor Suarez: John, is it helpful to try that and not make an ultimate
determination today in view of what you have heard us discuss and...?
Ms. Dougherty: We are certainly willing to sit down and talk about it.
Mr. Fletcher: We did sit and we did meet, as Lucia said, and we were unable
to reach an agreement.
Mayor Suarez: Because some restrictions
of people, the parking, et cetera might
of this without putting us to the test
it, which are confusing to us.
Mr. Fletcher: I wish I could tell you
say that this would solve the problem.
staff even tried to help us with it as
either side.
on the number of meetings, the number
solve a tot of the equitable aspects
of deciding the strict legalities of
that there was something that I could
But we went all through that. The
we met, and we were unable to agree,
Commissioner Plummer: I guess, John, the only way is if we tell you you are
going to lose you might acquiesce to it.
Mr. Fletcher: No, I wouldn't say that.
314
September 24, 1992
Mayor Suarez: Can't say we didn't try, folks.
Vice Mayor Alonso Could you people try to meet again and perhaps reach an
agreement? I think we are all reasonable people, and perhaps the parking
situation can be improved, the number of activities that they have, something
to that effect. I am sure there 1s room for understanding. How about trying?
Mr. Jacobs: Ms. Vice Mayor, I... We all appreciate your efforts to find a
compromise, a happy compromise, and I watched you do this with the situation
earlier and admired your efforts to work out something that would satisfy all
the parties. We did examine some offers on the part of the U.T.D. that their
counsel presented. We found ourselves in the very peculiar position of being
asked to approve something the City had found in violation. In other words,
we were in effect being asked to say we don't object to somebody doing
something that the City says is illegal. Now we support the City's position,
and we are concerned about any encroachment of nonresidential usage in the
area. That is our real concern. If we have to have the City, or the
Homeowners Associations, or the neighbors count the number of meetings, count
the number of people who come to the meetings, or determine what they talk
about, that is not really our concern. It is either a prohibited use or it
isn't. It is commercial or it is not commercial, it is business. The is a
County union. It is a union that deals with the County. There are other
unions that deal with the City. You all have your concerns in dealing with
unions, and you are very aware of that. It is a business and I don't think a
business has any place using facilities in a residential area. So, whether
they... You know whether a little bit pregnant... They meet ten times a
year. They limit it to 312 people. Gosh, we don't want to have to count and
all that. That is...
Mayor Suarez: All right. Commissioners, if no one is willing to try to
suggest that by meeting further and considering...
Commissioner Plummer: Everybody wants to go to heaven, but nobody wants to
die. We11, Mr. Mayor, I will tell you where I am at. I don't mind telling
you. I am going to move to defer, and they are going to have a meeting, and
they are going to sit down, and they are going to talk. Reasonable people can
disagree, but they don't have to be disagreeable.
Mayor Suarez: All right. So moved.
Commissioner Plummer: I think they got to take one shot at it. I think that
there ought to be some give and take, and as far as I am concerned I think
that that is where I am at this evening.
Mayor Suarez: Let me clarify a procedural aspects to that because if we go
along with that, which I have a feeling we will... If we were to sort of
defer, and defer, and defer until some court order told us that we had to
decide, wouldn't that have the affect of allowing this practice in the mean
time? Isn't that the effect?
Mr. Maxwell: No, sir. It hasn't... If the... Well, the Zoning Board has
ruled that it is a permitted use so far. But if you defer and defer I think
you violate due process, so you couldn't go on...
315 September 24, 1992
iMiil611{
Mayor Suarez: Well, that is not my question. That probably should have been
my question. Anyhow, we have a motion and a second.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Under discussion. I find it hard to differentiate the
difference between condo owners allowing members to use their recreational
hall for marriages, parties and other things when they want to, and then
saying that the U.T.D. owners cannot invite their friends in, who are
stewards, to have a meeting which could be considered a wedding or something.
Now I too agree that there has to be... Somebody has got to give. I also
know that the U.T.D. has the respect the rights of the condo owners, and the
condo owners has to respect the rights of the U.T.D. owners, because when you
violate my rights you deny yourself the same rights. But I am going to tell
you when you come back, steward meetings I have know problems with, because
you can't tell me you meet more than once a month. I have know problem with
1t because you, as owners, have the right to invite anybody in to your
residence that you chose. But I do have and I don't see that as a commercial
use, but I do see seminars, workshops and et cetera as commercial use because
you are preparing people to defend themselves and win rights which we rightly
deserve. So, when you come back I am hoping that both sides will respect the
rights of each other, and the condo owners will have to say that if, to me,
that you go ahead and deny the U.T.D. the right to have their friends in to a
union meeting, but we are going to deny the rights to our condo owners to have
meetings of any kind, invite anybody from the outside in the meetings who
don't live in the residency, and that would be all I have to say.
Mayor Suarez: OK. All right, we have a motion to defer. I believe it has
been seconded...
Vice Mayor Alonso: Yes.
Mayor Suarez: ... and presumably it would then...
Commissioner Plummer: Mr. Mayor, I a...
Mayor Suarez: ... be reset for the second meeting in October.
Commissioner Plummer: I would like to do this in the proper form that we
found that has been most productive in the past, in that I would ask the
department to be the moderator of the meeting. I guess I shouldn't say that
they should have the meeting at the U.T.D. Towers, that might create a
problem, but wherever the choosing of the departments designated
representative shall call the meeting and make the... Can we do it now? Can
we give a date where you can have this meeting of the minds?
Mr. Rodriguez: I am assuming that the meeting will be with the
representatives from the different groups. There will be very few people.
Commissioner Plummer: I would assume the meeting will be with any parties who
wish to attend.
316
September 24, 1992
r> a rt
Mr. Rodriguez: I know but what I am saying 1s that we won't call the meeting
until we check with the difference lawyers, and then they will call their
people.
Commissioner Plummer: I was just saying could you tell them now before they
go home so everybody will know the name of the game.
Vice Mayor Alonso: The problem is they probably don't know their agendas,
schedules.
Mr. Rodriguez: I don't think they can commit themselves.
Commissioner Plummer: John, do you have a place where you would like to have
the meeting to take place?
Mr. Fletcher: We could do it in my office, if everybody wanted to.
Commissioner Plummer: You can hold 500?
Mr. Fletcher: No, but at least it is a commercial facility.
Commissioner Plummer: Well, hey, I'll tell you what. You know everybody is
beating around the bush. May I suggest that you meet here at City Hall next
Thursday night. You have a designated moderator from the department, and what
is convenient, seven o'clock? Is that agreeable?
Ms. Dougherty: Murray can't come and neither can Pat Tornello.
Commissioner Plummer: All right. How about Wednesday night? How about
Tuesday night?
Commissioner Dawkins: Hold it, hold it, hold it, hold it. Wait a minute now.
Wait a minute. These people are agreeing to a meeting and now I hear you keep
saying I can't make it. You all got to make it. You all got to find some
kind of way to make it. Now let's be reasonable here now.
Ms. du Fresne: We have our State convention at that time. They aren't being
arbitrary, it is the State convention.
Mayor Suarez: Well, folks, let me just warn you that we have a difficult
enough time figuring out when we are going to meet over here without having to
try to tell you when you are going to meet, so get together on that...
Commissioner Dawkins: OK. If you got a State meeting you say that, but don't
say I'll be here, I'll be there. I can understand that.
Mr. Rodriguez: May I suggest that since you have asked us to coordinate the
meeting...
Commissioner Dawkins: When is the State meeting?
Mr. Rodriguez: ... that we contact the representative...
Commissioner Dawkins: When is the State Committee meeting over?
317 September 24, 1992
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01
Mr. Rodriguez: ..6 of the different groups, and we set up a meeting.
Mayor Suarez: Yeah. They will set it up.
Commissioner Dawkins: Murray, when is it over?
Mayor Suarez: They will set it up. We don't have to do that here, folks. We
have got a budget to approve, please.
Commissioner Dawkins: OK. All right. Go ahead.
Mayor Suarez: Please, Murray, they will set it up. Sergio is such a
reasonable and elegant and otherwise smooth operator, can work it out. All
right.
Commissioner Dawkins: So be it. Call the roll.
Commissioner De Yurre: Mr. Mayor, before you call the roll.
Mayor Suarez: Yes, sir. Commissioner De Yurre.
Commissioner De Yurre: Because I haven't said anything I have just been
listening. I hear the the parties here. They say they have nothing to meet
about, and that they have tried to meet and they can't come to an
understanding. They are saying it is all or nothing. That is what I have
been hearing. Unfortunately that is what I have been hearing. I have
listened for well over an hour to this situation, and I really don't feel like
hearing this again to be honest. I have enough information to make a decision
right here, right now, and I am sure it is not going to please some folks but
1t is a decision. I do feel though, when you think about this, and I think
about the U.T.D.... You know, you talk about teachers, and I think that all
of us, at some point in time, you know, we hold the concept of teachers pretty
dear to our hearts for whatever. You know, they teach us along the way and 1t
is part of the growing process. Part of our growth, and I have a feeling that
anything that I can do against setting some certain parameters to respect the
area, and the zoning of the area, because rightly so, it is not a commercial
area, and I think anything that I can do to help maintain and help the concept
of the teacher, I am going to be voting for it, you know, and I am just
putting that on the record so either when they leave... I am just telling it
right now. When you all meet know that I am going to be leaning to some
degree, a significant degree, to keeping things as they are with the teacher,
and that is just... That is one vote. But something has to give on the
teachers' side, because it cannot be that type of constant, constant activity,
as it has been in the past. So, let it, for the record, stand that I will be
looking for something that will protect the integrity of the U.T.D., and what
they are doing there, again, safeguarding the residents of the area and their
concerns. They both have to give, and if nobody gives, then I am just going
to go one way and then you guys fight it out in court, and so be it. But I am
just stating that for the record.
Commissioner Dawkins: Call the roll.
Mayor Suarez: All right. Call the roll on the motion.
318 September 24, 1992
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The fallowing motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 92-604
A MOTION TO DEFER AGENDA ITEM PZ-12 (PROPOSED
RESOLUTION TO APPEAL ZONING BOARD'S DECISION THAT THE
USE OF THE COMMUNITY AND RECREATION BUILDING AT
APPROXIMATELY 1809 BRICKELL AVENUE FOR UNION MEETINGS,
NOT ASSOCIATED DIRECTLY WITH THE CONDOMINIUM OWNERS,
IS NOT PERMITTED AS AN ACCESSORY USE) IN ORDER THAT
BOTH PARTIES IN CONFLICT MAY MEET IN AN ATTEMPT TO
NEGOTIATE THEIR DIFFERENCES AND REACH CONSENSUS.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
56. DISCUSSION CONCERNING REQUEST BY REPRESENTATIVES OF THE HAITIAN
COMMUNITY FOR CLOSURE OF DESIGNATED STREETS CONCERNING A PEACEFUL
DEMONSTRATION / MARCH COMMEMORATING THE ONE-YEAR ANNIVERSARY OF OUSTING
OF PRESIDENT ARISTIDE (See label 60).
------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Commissioner Dawkins: Is Ms. Dorancy here?
Ms. Rolande Dorancy: Yes.
Commissioner Dawkins: OK. Come up here. They are desirous of having a
march, and I don't know why we wait until the last minute. Maybe she can tell
us. What is the problem, Ms. Dorancy?
Ms. Dorancy: Good evening Commissioners, Mr. Mayor, Vice Mayor, we applied
for the permit two weeks ago. Until yesterday I went for it and they told me
I have to present before the Commission this event.
Commissioner Dawkins: All right. What they want to do, fellow Commissioners,
is hold a march and we cannot give you the right for that march. All we can
319 September 24, 1992
0
do is refer you to the Manager and the Police Department, but I will, I think,
refer you to them with my thoughts that I think that they should approve it.
Now that is all we can do.
Mr. Steven Forester: Ah. Steven...
Commissioner Dawkins: Pull the mike up. Give your name and address.
Mr. Forester: Steven Forester, Supervising Attorney with the Haitian Refugee
Center. I live at 42 N.E. 59th Street, Apartment B, in Miami. I called the
special events today and was told that this had to come before the Commission
because there is a desire not only for a permit, but to close off 54th at
North Miami Northeast 2nd because it is the one year anniversary of Aristides
ouster, and the Haitian community feels extremely important that they need to
express themselves on that one day anniversary.
Commissioner Dawkins: But they did explain to you that this is not a push
button operation where you come and can get something just like that? Right?
Mr. Forester: Of course.
Commissioner Dawkins: OK. So that is why I am saying that... We are in
favor. I mean we are in favor of a peaceful demonstration.
Mr. Forester: The problem is simply that the anniversary is next Wednesday,
and Ms. Dorancy tells me she went to the... That the...
Commissioner Dawkins: Oh, you want to...
Mr. Forester: They have been, two weeks ago, to the department.
Commissioner Dawkins: And you want to have the parade when? I mean the march
when?
Mr. Forester: It is next Wednesday. The 30th which is the one year
anniversary of the military ouster of Aristide.
Commissioner Dawkins: Mr. Mayor, can we hear form the department.
Mayor Suarez: Yes, Lieutenant.
Lt. Joeseph Longueira: Sir, what they want to do is have some kind of an
event. OK. In order to get an official street closure it has got to come to
the City Commission. OK. They is why they were told to come to you all.
Commissioner Dawkins: OK. OK.
Lt. Longueira: For a street closure.
Commissioner Dawkins: In order to close 54th Street from 7th Avenue to N.E.
2nd Avenue for how long?
Mr. Forester: The march would be from five to seven, and the desire is to
close N.E. 2nd and North Miami Avenue, 54th Street, which is the traditional
area that is used in these events from seven to ten thirty.
320 September 24, 1992
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Commissioner Plummer: You keep saying a march. You mean a street closure,
don't you?
Mr. Forester: At five o'clock they are going to march from 54th Street west
to N.W. 7th and then north to 62nd and then back down...
Commissioner Plummer: Well, that is a different story.
Mr. Forester: ..* and then down to 54th.
Commissioner Plummer: Your talking...
Mr. Forester: That is just the march. But then at seven o'clock, when they
arrive back there, they will hold a peaceful and nonviolent spiritual event
about the one year anniversary for democracy in Haiti.
Commissioner Plummer: Yeah. But you are talking about two separate instances
as we know it. One is a march, which is going to be an expensive item, and
the other is a street closure which is not a real expensive item. So I think,
you know, you have got to get delineated as to which is which.
Lt. Longueira: You are talking a march? From where is it going to start?
Commissioner Plummer: Fifty -forth and N.W. 7th to 62 and back.
Ms. Dorancy: What we have done in the past we march from 54th Street, but
after the march we hold either a spiritual event or either a peaceful event to
ask people to come in and speak. So, therefore, we are going to need those
streets to be closed from seven to ten thirty just to have our speakers and
also our prayers.
Commissioner Dawkins: What route do you want to take with the march?
Mr. Forester: The march is 54th Street.
Ms. Dorancy: The march is 54th Street to N.W. 7th Avenue.
Commissioner Dawkins: All right. That is going...
Commissioner Plummer: West.
Commissioner Dawkins: West.
Lt. Longueira: Where does it start?
Commissioner Dawkins: And now... How do you get back to N.E. 2nd Avenue?
Ms. Dorancy: We make a right to N.W. 7th Avenue.
Commissioner Dawkins: Right.
Ms. Dorancy: N.W. 7th Avenue, N.E. 62nd Avenue east, and N.E. 2nd Avenue and
N.E. 54th Street west.
321 September 24, 1992
Lt. Longueira: You want to go to 7th Avenue, north to 62nd, east to 2nd
Avenue, back to 54th Street.
Ms. Dorancy: To 54th Street. Yes, sir.
Commissioner Dawkins: OK. All right. Now, who is going to pay for the
police to block these streets off?
Ms. Dorancy: How much is it going to be, and we will pay for it.
Commissioner Dawkins: He is figuring it out now.
Commissioner Plummer: Well, I think one of the important things is you have
to anticipate for them how many people you are expecting, because that is...
Vice Mayor Alonso: Could be expensive.
Commissioner Plummer: ... what they usually use as the criteria as to how
many police officers you will require.
Mr. Forester: Correct me if I am mistaken, but I don't think we have had to
pay in the past for this. This would be a totally nonviolent event.
Commissioner Dawkins: But before you had spontaneous demonstrations. This is
a planned demonstration.
Mr. Forester: This is going to be an extremely organized and planned march.
Commissioner Dawkins: Then that is why... You see you are getting yourself
further in the hole. If you are planned and organized you should have some
money to pay for an organize...
Ms. Dorancy: Commissioner Dawkins.
Commissioner Dawkins: Leave that alone now. Leave that alone.
Ms. Dorancy: Commissioner Dawkins, if we don't go with it and don't plan it,
it is going to be spontaneous.
Commissioner Dawkins: You see but...
Ms. Dorancy: Because the thirty-seventh... September 30th is a date in our
history...
Commissioner Plummer: We want...
Ms. Dorancy: ... so we are going to have people on the streets anyway.
Commissioner Dawkins: But, but if... And I am just... Hey, I am just
trying... I don't know. See I don't know what is going to happen up here,
but if you blocked off N.E. 2nd Avenue and 54th Street to whatever the other
one is, and had your block party, it would cost us nothing... Not us, I mean
all of us in the City, to blockade the street. But as you said, this is going
322 September 24, 1992
to be a huge affair because we got a lot of people who are going to celebrate,
and when they figure out how... Well you tell them approximately how many
people, then they are going to determine how many officers are needed to, I
don't want to say control the crowd, but assist the crowd.
Ms. Dorancy: Three thousand.
Commissioner Dawkins: Ah huh. I am saying...
Ms. Dorancy: Three thousand.
Commissioner Dawkins: No. Come on. You are not going to get...
Mayor Suarez: You got to get this wrapped up like now, folks.
Commissioner Dawkins: Hey. Let him talk because see he gets you into the
hole. You talk. You talk.
Mayor Suarez: We have got to get this wrapped up. Whatever...
Commissioner Dawkins: But you are going to have more than three thousand
people. I know that and you know that. We are going to have ten thousand
people.
Mayor Suarez: Commissioner.
Mr. Forester: The march maybe...
Mayor Suarez: We got to get this wrapped up.
Commissioner Dawkins: Yeah. We are going to have ten thousand people. Come
on. Give me a break.
Mayor Suarez: What. What.
Commissioner Dawkins: OK. Go ahead.
Mayor Suarez: What can we do, if anything at this point? - and if not we are
Just going on to the next item.
Commissioner Dawkins: OK. Go right... I am sorry, Mr. Mayor. I brought it
before us. That is all I could do.
Mayor Suarez: All right. PZ-13, then, let's go quickly through them.
Mr. Forester: Can I say something?
Mayor Suarez: No. Not right now, sir. Have a seat and maybe we will try to
get to you later. You are not on the agenda. PZ-13.
Commissioner Plummer: Mr. Mayor, I hope this is the item before budget
because, you know, I am expecting to leave here at nine.
323 September 24, 1992
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Mayor Suarez: We got some planning and zoning we have got to get to. Let's
quickly get to them...
Commissioner Plummer: Mr. Mayor.
Mayor Suarez: ... if we can. I don't think they are as controversial...
Commissioner Plummer: Excuse me.
Mayor Suarez: ..* as the ones we have dealt with.
Commissioner Plummer: I'll have a disagreement with you, sir, and then I will
shut up.
Mayor Suarez: All right.
Commissioner Plummer: To me...
Mayor Suarez: But let's not argue about it. Let me try this and we will see.
You know budget we have talked about a lot, and we have got to make our
decisions on that.
Commissioner Plummer: OK.
57. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE (11000) TEXT -- AMEND
ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), SECTION 926.16
(LIMITATIONS ON ONSITE SIGNS ABOVE A HEIGHT ABOVE 50 FEET ABOVE GRADE)
TO ALLOW NOT MORE THAN FOUR SIGNS FOR A SINGLE MAJOR TENANT OR NOT MORE
THAN TWO SIGNS PER MAJOR TENANT -- DEFINE MAJOR TENANT AS A TENANT
OCCUPYING MORE THAN 5% OF GROSS LEASABLE FLOOR AREA OF BUILDING FOR A
MAXIMUM OF TWO MAJOR TENANTS (Applicant: Planning, Building & Zoning
Dept.).
Mayor Suarez: All right. PZ-13, what is that about?
Vice Mayor Alonso: Move it.
Mr. Sergio Rodriguez (Assist. City Manager): It is a second reading.
Mayor Suarez: Moved by Vice Mayor Alonso, seconded by Commissioner Plummer.
Read the ordinance. Call the roll.
Commissioner Plummer: OK. Mr. Mayor, just for the record.
Mayor Suarez: Yes.
Commissioner Plummer: I had made an amendment to the original. Is that
amendment...
Mayor Suarez: I am sure it is but just to be sure...
324 September 24, 1992
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$8. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT
3490 & 3600 MAIN HIGHWAY FROM R-1 SINGLE FAMILY RESIDENTIAL AND SD-2
COCONUT GROVE CENTRAL COMMERCIAL TO G/I GOVERNMENT INSTITUTIONAL
(Applicant: Planning, Building & Zoning Dept.).
--------------------Y--Y----Y--------r------.----------r------------------,----
Mayor Suarez: PZ-14.
Mr. Joe McManus: PZ-14 is first reading of an ordinance proposed by the
Planning Department having to do with the Play House property. It in effect
corrects a previous error...
Commissioner Plummer: Move it.
Vice Mayor Alonso: Second.
Mayor Suarez: Is there anyone opposed to PZ-14?
Mr. McManus: ... and reverts the situation back to what people think it is.
Mayor Suarez: Let the record reflect that no one stepped forward. Moved by
the Vice Mayor, seconded by Commissioner Plummer. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL AND
SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO G/I
GOVERNMENTAL INSTITUTION, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3490 AND 3500 MAIN HIGHWAY, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Vice Mayor Alonso and seconded by Commissioner Plummer
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
326 September 24, 1992
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.
---------- ..-----r----------------
59. GRANT SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF A SURFACE PARKING LOT
TO SERVE THE BUSINESS LOCATED ON THE ABUTTING COMMERCIAL DISTRICT
(SUBJECT TO CONDITIONS) AT 3650-3670 FLORIDA AVENUE -- SUBJECT TO ONE-
YEAR REVIEW (Applicant: Grovites United to Service, Inc. [G.U.T.S.,
Inca).
------------------------------------------------------------------------------
Mayor Suarez: PZ-15 I believe is the...
Vice Mayor Alonso: Move.
Mr. Joe McManus: PZ-15 is a noncontroversial item. The proposal is for a
special exception to...
Commissioner Plummer: Are you sure it is noncontroversial?
Mayor Suarez: I am not sure it is so noncontroversial. What is controversial
is Roland, please, can you just sort of go around the back, Commissioner, and
work that out.
Commissioner Plummer: Mr. City Attorney.
Vice Mayor Alonso: Don't we have people in opposition?
Mayor Suarez: Please.
Commissioner Plummer: Mr. City Attorney, I serve on the board of the Gibson
Memorial. Do I have any problems in voting on this issue?
Mr. Joel Maxwell (Assist. City Attorney): That is a nonprofit foundation.
Commissioner Plummer: That is correct, sir.
Mr. Maxwell: No, our office has opined many times thadoes not constitute a
conflict.
Commissioner Plummer: Thank you. I second the motion.
Mayor Suarez: OK. Is there anyone here in opposition? Let the record
reflect that Mrs. Armbrister is standing up and would you please swear her in,
and anyone else that might speak in favor, Thelma and company please just in
case we need your testimony.
Commissioner Dawkins: On PZ-16?
Mayor Suarez: Ah, 15.
327 September 24, 1992
3
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Vice Mayor Alonso: 15.
Mayor Suarez: Madame City Clerk, need you to administer the oath.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Joe, I guess it makes more sense to hear first from the
opponent. OK. Mrs. Armbrister. I think you maybe just want a lot of
clarifications, hopefully, and not necessarily in opposition to this.
Ms. Esther Mae Armbrister: I beg your pardon?
Mayor Suarez: I hope you want clarifications and that you are not necessarily
in opposition.
Ms. Armbrister: I am in opposition.
Mayor Suarez: All right. Tell us why.
Commissioner Plummer: Well, may I ask this question in the front. A business
located in the abutting commercial. What is that business for the record? Is
it not a day-care center?
Unidentified Speaker: No.
Commissioner Plummer: Well what 1s it?
Unidentified Speaker: All the business along there need parking...
Mr. McManus: It would be the businesses along Grand Avenue.
Commissioner Plummer: For all of them.
Unidentified Speaker: Yes.
Commissioner Plummer: OK.
Vice Mayor Alonso: What did she respond?
Commissioner Plummer: For all the businesses.
Mr. Sergio Rodriguez (Assist. City Manager): All the businesses along Grand
Avenue.
Ms. Thelma Gibson: There is absolutely no parking on Grand and Douglas, or
Florida or anywhere in West Grove, and what we are doing is asking the Off-
street Parking to... We are asking for the special exception because the two
lots, the original lot behind the Tiki was already a parking lot. When they
closed the Tiki that lot became vacant. We bought an additional two lots that
were single family residence, and we had the approval back in 1985 but we
didn't do anything at that point, so the Off Street Parking has set aside some
monies to put a surface parking lot there, and so the special exception is
because it was zoned residential. But there are a number of businesses there.
328 September 24, 1992
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There is absolutely no parking and within the last week the G.U.T.S. (Grov tes
United to Us) people own the property along with the City, because we borrowed
money from the City, at the corner of Grand and Douglas, and we are fixing to
put a sign there and make it a very beautiful spot and there will be no
parking there, so there is absolutely no where for them to park except on
Churches' parking lot that is presently there. There is no other parking in
the Grove except on the streets.
Ms. Armbrister: You back to me now?
Mayor Suarez: It 1s sort of de facto parking but what we want to do,
obviously, by this is to do it in an official and beautified way...
Ms. Gibson: Exactly.
Mayor Suarez: ... rather than sort of everybody will just park 1n any old
place. Yes. Mrs. Armbrister.
Ms. Armbrister: I don't know whether you know it or not, but the parking lot
that she is talking about, now the City is in the process of building
scattered homes. We have... You, the City, has built the home near this
parking lot that they are proposing to build, and I do not know of anybody who
is going to pay $59,000 for a home near a parking lot. And besides what you
are doing is opening a can of worms. If you were to grant this particular
plan, or whatever you want to call it, then you are opening the door for the
man on Florida Avenue that you been just got through fighting to keep him from
building a parking lot there. You are fighting a new developer who wants to
build a hotel on the corner of Margaret and Grand Avenue on
property which will extend into Thomas Avenue which is a residential area.
You are opening up another can of worms down on Grand Avenue and Douglas Road
on the south side, and it is for business, only Grand Avenue. But if you were
to let that man, the developer, develop that piece of property, what you are
doing there again is extending the parking into a residential area, and for
you to allow that then you have another problem on the corner of Grand and
Margaret Street where they want to build another hotel, and then again
extending. On the corner of Margaret and Grand Avenue, on the north side,
there is a three story building. Now their parking lot has been grandfathered
in, which is all right, but then you will give them the right to extend...
Knock that wall down and extend that wall to Florida Avenue and come in on
Florida Avenue for parking. Now for you to sit there it bothers me and the
other people in the conmunity for you to sit there and let these people who
got some money or who you feel sorry for to come in and buy property or buy a
business and then come into the neighborhood and put up a parking lot. I
thought that you, the City, had a man - or woman, whoever is in charge of
downtown where you give the permit - intelligent enough to ask these people
for what purpose they want to build and buy. I also thought the people who
invest their money into a building have intelligence to know what they are
getting into and know what they need before they buy, but you sit and you keep
on letting them come in here, and I don't know whether they've got some money,
or prestige, or what they've got, and you keep on allowing them to mess up the
neighborhood. You don't want them near you. Nobody wants a parking...
Mayor Suarez: I would say more prestige than money, but...
329 September 24, 1992
r
Ms. Armbrister: I don't know what you've got and what they've got, whatever,
but it's a pain in the neck, or in other parts of the body. But you just
there and do this kind of thing. I'm not kidding. It isn't funny. It really
Isn't.
Mayor Suarez: All right.
Ms. Armbrister: And here you go again, letting these people come in and mess
up the community. And you, the City, are spending money, paying $59,000...
The owner will have to pay $59,000 or more to buy a home, where you have let
somebody come in and put a parking lot there. You've got to have security
You've got to have all that stuff up there, and then driving in
Mere. And these children going to school everyday. This is the first time
we had somebody on the corner of Grand Avenue and Douglas Road, to help those
children across the street. You've got Tucker Elementary School and we have
Carver Elementary School too. These children have to go to and fro, waiting
and watching for the light, and sometimes there is an eight or nine year old
child dragging two or three smaller children across the street, not even
paying any attention to the light, just dragging them because they've got to
go home. I just simply cannot understand your thinking. You are supposed to
be really intelligent people, and don't give somebody else something that you
don't want. This is what... This is the way we see it. And we have worked
too hard in Coconut Grove, when you did not allow us to come down here and
talk, until right on or about the later... the latter part of 149 and 150, to
say anything. You just pushed anything you wanted down our throat. So, if
you do that... And we had trouble with you again, about two or three years
ago, when you wanted to open up Franklin Avenue and put... change it
temporarily, and that would have been one grand mess. There is a developer
also - I don't know whether you know it or not, but you should know it. - who
wants to come in and take the first houses, the first ten houses on Charles
Avenue and make a little, quaint walk, with special shops, you know, for the
people who are coming into the village to shop. Over my dead body will they
do that. I swear it! By all that's holy, they are not going to do it as long
as I can breathe, just come in and take property because you give them the
right to acquire property and build what they want in it. That's not going to
happen. And I hope you understand where we're coming from. We do not need
a... And, as far as the nursery is concerned, you've got a nursery down
there, St. Alban Nursery. There is... There are churches who are opening
their doors to extend the nursery programs. So, for you to say... sit there
and say for a nursery on Grand Avenue, and you've got to come in on Florida
Avenue and acquire those people's property to get to the building, that's a
no -no. Because you don't want it in your... You don't want it in your
community. And you are not going to have it.
Mayor Suarez: All right.
Ms. Armbrister: You are not going to have it.
Mayor Suarez: Thank you, Ms. Armbrister.
Ms. Armbrister: Thank you.
330
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September 24, 1992
X
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Mayor Suarez: Anything, David, from you? But keep it 1n mind that... Well,
I should let you speak.
Ms. Gibson: I don't... I'm OK.
Mayor Suarez: He wasn't sworn in anyhow and he doesn't look very truthful to
us but...
Ms. Gibson: I don't need to say anything else, Mr. Mayor. i...
Mayor Suarez: All right. Commissioners, do you have any questions? David,
are you in support, I presume?
Mr. David Alexander: Yes, Mr. Mayor. But I think I can propose what might be
an elegant solution for the Commission this evening, if you don't mind. I'm
David Alexander, executive director of the Coconut Grove Local Development
Corporation and contracted to G.U.T.S. (Grovites United To Survive), with the
approval of the City Commission, as their developer. If you don't mind I'll
put on my glasses because I can't see the map without them.
Mayor Suarez: Do whatever, but do it quickly.
Mr. Alexander: If you note where there is the number 12 in the circle, there
is a property which is known as the Church's Fried Chicken property. Below
that is a blue mark which represents the Tiki Building and the gas station.
The second lot beside that blue mark represents a double -wide lot that is
currently on the market for sale. Coconut Grove Local Development Corporation
has negotiated a talking price with the owner of that property. And we also
have a signed contract by the owner of the other property where the number 12
is, who was to put a grocery store there, but the community would rather not
have that. And, we propose, sir, that after discussion with G.U.T.S. that the
$500,000 loan that was made to G.U.T.S., be reduced to the outstanding value
of the loan, and a new note be signed, and a grant be given to the C.D.C. to
purchase those two properties.
Commissioner Dawkins: The grant from where? A grant from where?
Mr. Alexander: From the original loan that was made to Grovites.
Commissioner Dawkins: The loan was made from where?
Mayor Suarez: Is this directly related to the region?
Mr. Alexander: It was made from Community Development Block Grant.
Ms. Gibson: H.U.D. (Housing and Urban Development). It's H.U.D.'s money.
Commissioner Dawkins: From where? From the City of Miami?
Mr. Alexander: Yes, sir.
Commissioner Dawkins: Yeah, that's what I wanted to hear. OK.
Mr. Alexander: Yes. The...
331 September 24, 1992
Mayor Suarez: Do...
Mr. Alexander: The City also currently holds title to... rather, holds a
first mortgage on the properties, and what we are simply suggesting is that we
think Mrs. Armbrister and the residents would appreciate if we did not access
and egress traffic onto the residential street of Florida Avenue. Currently
the way the plan 1s designed there will be a carport there where the... to
the right of number 12 and the traffic will access the properties' parking lot
there at that point. If we purchase these two properties then we will have
access and egress to the property both on Grand Avenue and on Douglas Road,
without encroaching on the residential community. We are absolutely in
support of the solution that has been proposed to you, but we think this is a
better one. And we also think that having had discussions with Miami's Off -
Street Parking Department that this would give us more parking availability to
the project, which would enhance the viability of the Tiki. And also, we feel
that the beautification of both lots would give us some... much better handle
on the traffic flow into and out of the project. The final thing that I might
say is critical mass. If you notice the way the property is now it's in an L-
shape with an additional space to the rear, and that does not make for viable
development footprint. We think that with the addition of these two pieces of
property we would be serving something that Commissioner De Yurre asked us
about, we'd be upgrading some residential units - there are five in that
building on the right - and enhancing the commercial vocabulary by
rehabilitating the three stores in that building.
Commissioner Dawkins: You've got one vote anyway.
Mr. Alexander: The last thing I might add is that today we met with a
potential tenant for the Church's Fried Chicken franchise. This is a black
business owner whose business was blown down in Naranja. She has a restaurant
facility that specializes in Jamaican jerk chicken, for those who know what
that is. It's very hot chicken, but it sells well. And we have done a
partial negotiation. We would like to attract that business here to Coconut
Grove since the F.E.M.A. (Federal Emergency Management Agency) people may help
her, in fact, get some money back for the business that she lost in Naranja,
which she's not able to rebuild. The three businesses that are there now...
The three storefronts that are in the apartment building, two of them are
already leased up. They have ongoing businesses there. Our proposal would
simply be to ask the Commission to take the $230,000 that's left on the
G.U.T.S. loan; reduce the loan by that amount and sign a new agreement with
them; give us some money from the Housing Department so that we can acquire
the second building with the residential units in it; and let us cut a deal
with the Off -Street Parking Department to develop the entire facility for
parking, and we will concentrate on the Tiki Building and its additions
itself. We think this is a very elegant solution. And, as you know, this
project has been sitting for seven years because nobody has really been in the
driver's seat. I'm very proud to announce this evening that the president of
Constructive Properties in France has, this weekend, made a decision that it
will co -venture with the Coconut Grove L.D.C. as developer of this project.
Mayor Suarez: Very good. What... As to the matter before us, what do we
need to do?
332 September 24, 1992
1
Mr. Manells You either have to affirm or reverse the decision of the Zoning
Board which granted the special exception.
Mayor Suarez: Which granted it?
Mr. Maxwell: Yes, sir.
Mayor Suarez: OK. I'll entertain a motion on the special exception and the
granting by the...
Mr. Maxwell: You want to affirm the Zoning Board's decision...
Mayor Suarez: ...Zoning Board.
Mr. Maxwell: ...to grant the special exception.
Commissioner Plummer: Wait. If I wish to grant it, I vote which way?
Ms. Gibson: Yes.
Mayor Suarez: Positive. Move it.
j
Ms. Gibson: Yes.
Mr. Maxwell: You'd vote yes on that motion.
Ms. Gibson: Yes, yes.
ii Vice Mayor Alonso: Affirm? Yes.
Commissioner Plummer: I didn't hear the motion, I'm sorry.
a.
a. Ms. Gibson: It's not a motion yet.
Mr. Maxwell: Mr. Mayor, weren't you making a motion?
Mayor Suarez: No, we need a motion.
Commissioner Plummer: I thought we needed a motion and that's what I want to
do is to make it.
Mr. Maxwell: I thought the Mayor made a motion.
Ms. Gibson: We need a motion.
Mayor Suarez: You move? Yes. You move to affirm the decision.
ff Mr. Maxwell: The Mayor made a motion to affirm the decision. You would vote
yes.
Vice Mayor Alonso: I move to affirm the decision.
Mayor Suarez: It's an easy one. We... Yes means yes. No means no, for a
change.
333 September 24, 1992
,� a
Commissioner Plummer: I... It's exactly what I had in mind and I move it.
Mr. Rodriguez: And the decision was approval subject to the curb cut oriented
towards Douglas Road. that was included in the approval.
Commissioner Plummer: And I think it would also be 1n order...
Mr. Alexander: Excuse me, Mrs. Armbrister?
Ms. Armbrister: Yes.
Commissioner Plummer: ...as to protect the residents of the Grove that we
have a one year review.
Mr. Alexander: Excuse me, I...
Ms. Armbrister: I want to use it too.
Ms. Gibson: I would agree.
Mayor Suarez: All right. We have a motion. Is that a motion, Commissioner?
Commissioner Plummer: Yes, sir.
Vice Mayor Alonso: Yeah.
Mayor Suarez: Madam Vice Mayor seconds.
Commissioner Dawkins: What is the motion?
Mayor Suarez: To approve the Zoning Board's decision...
Ms. Matty Hirai (City Clerk): To affirm the decision.
Mayor Suarez: ...to allow the special exception for parking there.
Mr. Maxwell: Subject to a one year review.
Vice Mayor Alonso: With a one year review.
Mr. Rodriguez: And one review.
Mayor Suarez: One year review.
Commissioner Plummer: With a one year review.
Mayor Suarez: Any further discussion? If not, please call the roll.
334 September 24, 1992
:1
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-605
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 6, SECTION 612, TO ALLOW THE
CONSTRUCTION OF A SURFACE PARKING LOT TO SERVE THE
BUSINESS LOCATED ON THE ABUTTING COMMERCIAL DISTRICT,
SUBJECT TO THE CURBCUT BEING SLANTED TOWARDS DOUGLAS
ROAD, ALL THE CONDITIONS OF RESOLUTION ZB 127-85, AND
A REVIEW BY THE PLANNING, BUILDING AND ZONING
DEPARTMENT ONE (1) YEAR FROM THE DATE OF ADOPTION OF
THIS RESOLUTION, FOR THE PROPERTY LOCATED AT 3650-3670
FLORIDA AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); ZONED R-1 SINGLE FAMILY RESIDENTIAL
WITH AN SD-12 BUFFER OVERLAY DISTRICT; SAID SPECIAL
EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
60. (Continued Discussion) GRANT REQUEST BY REPRESENTATIVES OF THE HAITIAN
COMMUNITY FOR CLOSURE OF DESIGNATED STREETS CONCERNING A PEACEFUL
DEMONSTRATION / MARCH COMMEMORATING THE ONE-YEAR ANNIVERSARY OF OUSTING
OF PRESIDENT ARISTIDE (See label 56).
Commissioner Dawkins: Mr. Mayor?
Mayor Suarez: Yes.
Commissioner Dawkins: The Haitians and I have agreed that...
Ms. Gibson: Thank you.
335
September 24, 1992
��' C S
).
t�I$'
Commissioner Dawkins: ...I will ask you to close the street and as we close
the street then we will refer the rest of it to the Manager to work out a
solution, and I so move.
Commissioner Plummer: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-606
A RESOLUTION APPROVING THE PARTIAL USE OF CERTAIN
STREETS AND THOROUGHFARES DURING THE HAITIAN PEACEFUL
DEMONSTRATION -MARCH COMMEMORATING THE ONE YEAR
ANNIVERSARY OF ARISTIDE'S OUSTING AND THE NEED FOR
DEMOCRACY IN HAITI ON WEDNESDAY, SEPTEMBER 30, 1992
BETWEEN THE HOURS OF 5:00 P.M. AND 10:00 P.M.; SUBJECT
TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF
POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC
FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE
COURSE; CONDITIONED UPON ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
C DERATION OF ITEMS ON THE PLANNING AND ZONING PORTION
OF THE AGENDA-3
----------------------------------------------------------
336 September 24, 1992
61. FIRST READING ORDINANCE: AMEND TEXT OF ZONING ORDINANCE (11000) ARTICLE
6 (SD SPECIAL DISTRICTS GENERAL PROVISIONS), SECTION 614 (SD-14, 14.1,
14.2: LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS),
SECTION 614.3.2 (PERMITTED PRINCIPAL USES AND STRUCTURES) -- TO ALLOW
CLINICS, LABORATORIES, AND MEDICAL AND DENTAL OFFICES NOT INCLUDING DRUG
REHABILITATION FACILITIES, AS PRINCIPAL USE PERMITTED ON GROUND FLOOR
FRONTAGE OF PEDESTRIAN -ORIENTED STREETS, AND ELSEWHERE IN SD-14, etc.
(Applicant: Planning, Building & Zoning Dept.).
Mayor Suarez: Yes. PZ-16. I know this is the last item of general public
interest, I think, before we get to the budget. But I may be wrong.
Commissioner Dawkins: OK. Mr. Mayor?
Ms. Ana Gelabert: For the...
Mayor Suarez: Sixteen. Item 16.
Ms. Gelabert: For the record, my name is Ana Gelabert...
Commissioner Dawkins: OK. I have to declare that I have a conflict of
interest. My son is trying to get into the Health Care Service, and when we
went through this with Bayside, although it was nothing to it, the Miami
Herald made a big thing out...
Commissioner Plummer: Are you speaking of Item 16 or 15?
Commissioner Dawkins: Yeah. Sixteen.
Mayor Suarez: Sixteen.
Commissioner Plummer: Sixteen?
Commissioner Dawkins: Yes. And the Miami Herald made a big issue out of it
and I got a lot of adverse publicity. I don't need that now. So, I will
decline.
Mr. Joel Maxwell: Mr. Commissioner...
Commissioner Dawkins: No, no.
Mr. Maxwell: You cannot... You cannot decline.
Mayor Suarez: He's walking out. He knows that. He's walking out. Don't you
see him? He's walking out.
Commissioner Plummer: He's going to the bathroom.
M1.3
i
Mayor Suarez: He's going to abstain by not being present. Thank you. All
right. What do we hear?
i 337 September 24, 1992
6 `
Ms. Gelabert: OK. it's PZ-16.
Commissioner Plummer: Well, wait a minute. Who is the applicant?
Mr. Sergio Rodriguez (Assistant City Manager): City of Miami.
Ms. Gelabert: City of...
Commissioner Plummer: What?
Mr. Rodriguez: City of Miami. It's a zoning amendment.
Commissioner Plummer: And you are recommending that we put in another drug
facility?
Mr. Rodriguez: No.
Ms. Gelabert: No. What it is, is we're amending the SD-14 to allow the
clinics, laboratories, mental and dental offices, excluding drug
rehabilitation facilities. And secondly, we are proposing to require a Class
2 special permit to reduce the 70 percent ground level frontage requirement
that today the SD-14 requires. Those are the two things that the PZ-16 is
asking for.
Unidentified Speaker: Is 1t 16?
Mr. Maxwell: Yeah.
Commissioner Plummer: All right. I'll tell you what. I'm going to vote yes.
I'm going to move it. It's first reading. But somebody better come to me
before second reading and sit down and talk to me of why I should vote yes on
the second reading. Let's move it now.
Mayor Suarez: So moved.
Commissioner Plummer: If you talk I'll vote against it.
Mayor Suarez: Anyone opposed?
Commissioner Plummer: This is crazy. We should be on budget.
Mayor Suarez: Do we have a second?
Vice Mayor Alonso: Second.
Mayor Suarez: Do we have a... Thank you. Read the ordinance. Now I've
heard everything. Call the roll.
338 September 24, 1992
AN ORDINANCE ENTITLED -
y
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SO SPECIAL DISTRICTS GENERAL PROVISIONS,
SECTION 614. "SD-14, 14.1, 14.2: LATIN QUARTER
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS",
SECTION 614.3.2 "PERMITTED PRINCIPAL USES AND
STRUCTURES" TO ALLOW CLINICS, LABORATORIES, AND
MEDICAL AND DENTAL OFFICES NOT INCLUDING DRUG
REHABILITATION FACILITIES, AS A PRINCIPAL USE
PERMITTED ON GROUND FLOOR FRONTAGE OF PEDESTRIAN -
ORIENTED STREETS AND ELSEWHERE IN SD-14, SECTION
614.3.2.3 "SPECIAL RULES CONCERNING EXTENT AND
LOCATION OF CERTAIN USES ON GROUND FLOOR FRONTAGE OF
PEDESTRIAN -ORIENTED STREETS (SD-14)" TO REQUIRE THAT
THE FRONTAGE OF A LOT ON A PEDESTRIAN -ORIENTED STREET
BE OCCUPIED AT THE GROUND FLOOR LEVEL FOR AT LEAST
SEVENTY PERCENT (70%) OF THE FRONTAGE, TO REQUIRE A
CLASS II SPECIAL PERMIT FOR REDUCTION OF THE REQUIRED
SEVENTY PERCENT (70%) FRONTAGE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSTAINED: Commissioner Miller J. Dawkins
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.
339 September 24, 1992
t
='r x
i .a.--------a.K.GG.i.-i'----bras--------------A------------r—----------- —r- -----.r----
62. FIRST READING ORDINANCE: AMEND TEXT OF ZONING ORDINANCE (11000) TEXT,
ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), SECTION 908.10
(LIMITATIONS ON DRIVEWAYS AND OFFSTREET PARKING, AND LANDSCAPING
REQUIREMENTS, IN REQUIRED YARDS ADJACENT TO STREETS) -- TO PROVIDE
MINIMUM LANDSCAPING REQUIREMENTS IN SINGLE-FAMILY, TWO-FAMILY AND
MULTIPLE -FAMILY RESIDENTIAL DISTRICTS (Applicant: Planning, Building &
Zoning Dept.).
Mayor Suarez: What item is their's back there?
Vice Mayor Alonso: Can we take 17? Can we take 17, please?
Mayor Suarez: Yes. What item is...
Commissioner Plummer: What?
Unidentified Speaker: We're here... We're Town Park West Side.
Mayor Suarez: Oh.
Commissioner Plummer: Is it first reading?
Unidentified Speaker: But she doesn't know that.
Vice Mayor Alonso: Seventeen? Yes.
Mayor Suarez: PZ-17.
Mr. Sergio Rodriguez: Seventeen's first...
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Read the ordinance.
Commissioner Plummer: Right now I'll vote for the devil. First reading.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.
Commissioner Plummer: Did anybody talk to Andrew about minimum landscaping?
Mayor Suarez: They are consultants.
Mayor Suarez: Call the roll on the item.
Mr. Rodriguez: Talk about zero scaping.
340
September 24, 1992
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS,
SECTION 908.10 "LIMITATIONS ON DRIVEWAYS AND OFFSTREET
PARKING, AND LANDSCAPING REQUIREMENTS, IN REQUIRED
YARDS ADJACENT TO STREETS" PROVIDING MINIMUM
LANDSCAPING REQUIREMENTS IN SINGLE-FAMILY, TWO-FAMILY
AND MULTIPLE -FAMILY RESIDENTIAL DISTRICTS; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor and
was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
63. AMEND PREVIOUSLY APPROVED MASTER DEVELOPMENT ORDER AND MAJOR USE SPECIAL
PERMIT FOR SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT
(D.R.I.) -- AMEND PROJECT DESCRIPTION REGARDING CATEGORIES OF TOTAL
ALLOWABLE DEVELOPMENT -- CHANGE PROJECT PHASING SCHEDULE OF INCREMENT I
TO 1988 THROUGH 1997 AND INCREMENT II TO 1992 THROUGH 1999.
------------------------------------------------------------------------------
Mayor Suarez: Are 18 through 21...
Commissioner Plummer: They're in-house.
Mayor Suarez: ...all southeast Overtown?
Unidentified Speaker: Yes, they are.
Commissioner Plummer: They're all in-house. Let's go to the budget.
Mayor Suarez: OK. We can't move them all together, can we?
Commissioner Plummer: No. Let's go to budget, Mr. Mayor. Please!
Mayor Suarez: All right.
341 September 24, 1992
L _
,t
Commissioner Plummer: That is the most important thing facing this
Commission.
Mayor Suarez: It's just that we have the folks here on...
Vice Mayor Alonso: If we can...
Mayor Suarez: Please, ma'am. You've not been recognized. You're going to be
excluded from these proceedings if you talk when you're not recognized. The
rules apply to you just like everybody else. PZ... Which is the item that is
Southeast Overtown?
Vice Mayor Alonso: Eighteen to twenty-one.
Unidentified Speaker: Eighteen through twenty-one.
Mr. Sergio Rodriguez: Eighteen, nineteen, twenty and twenty-one. Eighteen
through twenty-one.
Mayor Suarez: Is there any opposition to any of these items?
Mr. Rodriguez: Not that we know of.
Vice Mayor Alonso: Then let's take it.
Mayor Suarez: J.L., how about if we do them really quick.
Vice Mayor Alonso: Yes.
Mayor Suarez: And then that way we're clean. All right.
Vice Mayor Alonso: Let's just take it. Move it.
Mayor Suarez: PZ-18, I'll entertain a motion.
Commissioner Plummer: You mean like the last non -controversial item we had?
Move 18. Is this first reading?
Mayor Suarez: Thank you.
1
Vice Mayor Alonso: Yes.
Mayor Suarez: Seconded by the Vice Mayor.
Mr. Rodriguez: No.
Commissioner Plummer: What is it?
Mr. Joel Maxwell: It's a reso.
Mr. Rodriguez: Eighteen, nineteen and twenty are resolutions.
Mayor Suarez: Call the roll on 18. It's a resolution.
342
September 24, 1992
Mr. Rodriguez: Twenty-one is a first reading.
Mayor Suarez: Yes?
Commissioner Plummer: I assume they come with the recommendation of the
Administration?
Mayor Suarez: They certainly do.
Commissioner Plummer: I move 18.
Mayor Suarez: It's been moved. Seconded by the Vice Mayor. Please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-607
A RESOLUTION AMENDING A PREVIOUSLY APPROVED MASTER
DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT
(RESOLUTION NO. 88-110; ADOPTED FEBRUARY 11, 1988),
FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF
REGIONAL IMPACT, PURSUANT TO CHAPTER 380, FLORIDA
STATUTES, AND MAJOR USE PURSUANT TO ZONING ORDINANCE
NO. 9500, BY AMENDING ITS PROJECT DESCRIPTION
REGARDING CATEGORIES OF TOTAL ALLOWABLE DEVELOPMENT
AND BY CHANGING THE PROJECT PHASING SCHEDULE OF
INCREMENT I TO 1988 THROUGH 1997 AND INCREMENT II TO
1992 THROUGH 1999; FINDING AND CONFIRMING THAT THESE
CHANGES DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS
PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND
INCORPORATING SAID FINDINGS IN CONCLUSIONS OF LAW;
DIRECTING TRANSMITTAL OF THIS RESOLUTION TO AFFECTED
AGENCIES AND THE DEVELOPERS AS SPECIFIED HEREIN; AND
CONTAINING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
343
September 24, 1992
drat ti -
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""dww. l---r--y- --------------- W-------a-
64. AMEND PREVIOUSLY APPROVED INCREMENT I DEVELOPMENT ORDER FOR SOUTHEAST
OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT (D.R.I.) -- AMEND
PROJECT DESCRIPTION AND DEFINITION REGARDING CATEGORIES OF TOTAL
ALLOWABLE DEVELOPMENT -- CHANGE PROJECT PHASING SCHEDULE OF INCREMENT I
FOR 1988 THROUGH 1997 AND INCREMENT II FOR 1992 THROUGH 1999.
------------------------------------------------ ------
Commissioner Plummer: And I move 19.
Mayor Suarez: Thank you.
Mayor Suarez: Seconded by the Vice Mayor.
Vice Mayor Alonso: Yes.
Mayor Suarez: Cal the ro11.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-608
A RESOLUTION AMENDING A PREVIOUSLY APPROVED INCREMENT
I DEVELOPMENT ORDER (RESOLUTION NO. 88-111; ADOPTED
FEBRUARY 11, 1988), FOR THE SOUTHEAST OVERTOWN/PARK
WEST DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, BY AMENDING ITS PROJECT
DESCRIPTION AND DEFINITION REGARDING CATEGORIES OF
TOTAL ALLOWABLE DEVELOPMENT AND BY CHANGING THE
PROJECT PHASING SCHEDULE OF INCREMENT I FOR 1988
THROUGH 1997 AND INCREMENT II FOR 1992 THROUGH 1999;
FINDING AND CONFIRMING THAT THESE CHANGES DO NOT
CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER
380, FLORIDA STATUTES, INCORPORATING SAID FINDINGS IN
CONCLUSIONS OF LAW; DIRECTING THE TRANSMITTAL OF
COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE
DEVELOPERS AND DESIGNATED HEREIN; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
344 September 24, 1992
T-1"
4
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
------------- i-------•------------------------------------ ------
65, RESOLUTION CONCERNING SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF
REGIONAL IMPACT (DRI) (a/k/a SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT AREA) -- AUTHORIZE AN INCREMENT II DEVELOPMENT ORDER
(DO) -- INCORPORATE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL
INTO THE DO -- APPROVE DRI AND MAJOR USE SPECIAL PERMIT, SUBJECT TO
CONDITIONS OF INCREMENT II DEVELOPMENT ORDER.
------------------------------------------------------------------------------
Commissioner Plummer: I move 20.
Mayor Suarez: Moved. Seconded by the Vice Mayor.
Commissioner Plummer: Who said what?
Commissioner Dawkins: I second 20.
Vice Mayor Alonso: Yes.
Commissioner Plumper: What?
Commissioner Dawkins: I second 20.
Mayor Suarez: All right. Call the roll.
Vice Mayor Alonso: Yes.
345
September 24, 1992
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 92-609
A RESOLUTION, WITH ATTACHMENT, CONCERNING THE
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT, A/K/A THE CITY OF MIAMI'S SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA PURSUANT TO
RESOLUTION NO. 82-755 (MORE PARTICULARLY DESCRIBED
HEREIN); AUTHORIZING AN INCREMENT II DEVELOPMENT
ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR
DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT
ORDER; APPROVING SAID DEVELOPMENT OF REGIONAL IMPACT
AND MAJOR USE SPECIAL PERMIT AFTER CONSIDERING THE
REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND THE CITY OF MIAMI
PLANNING ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF
THE INCREMENT II DEVELOPMENT ORDER ATTACHED HERETO AS
EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL
INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND
RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL INCORPORATED HEREIN BY REFERENCE; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING
THAT THE INCREMENT II DEVELOPMENT ORDER SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST;
DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS
RESOLUTION AND THE INCREMENT II DEVELOPMENT ORDER TO
AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED
HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS
NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE
INCREMENT II DEVELOPMENT ORDER; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
346 September 24, 1992
T'
4
k
Sufi lii ili ilG itGW-W-�1-ilY ---G---W--Y.---rfI�W Y-rVf------i--W--W------------`i----------wi--
66. FIRST READING ORDINANCE: AMEND CODE CHAPTER 14, PERTAINING TO
PREVIOUSLY APPROVED DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT FOR
SOUTHEAST OVERTOWN / PARK WEST DRI -- AMEND SECTION 14-59 REGARDING
DEFINITION OF TOTAL ALLOWABLE DEVELOPMENT, etc.
---r--------------------------------------------------------------------------
Commissioner Plummer: I move 21 on first reading.
Vice Mayor Alonso: Yes.
Mayor Suarez: Move 21 on first reading.
Commissioner Dawkins: What is 21?
Mayor Suarez: Seconded by the Vice Mayor.
Commissioner Dawkins: I've got to leave now. I've got to get...
Mayor Suarez: Read the ordinance.
AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.
Commissioner Dawkins: Twenty-one?
Commissioner Dawkins: What page are we on?
Mayor Suarez: The last... PZ-21. See, the Southeast Overtown zoning
ordinance. I mean...
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI AMENDING CHAPTER 14
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CODE"), PERTAINING TO A PREVIOUSLY APPROVED
DEVELOPMENT ORDER (RESOLUTION NO. 88-111, ADOPTED
FEBRUARY 11, 1988) AND MAJOR USE SPECIAL PERMIT
PURSUANT TO ZONING ORDINANCE NO. 9500, FOR THE
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY
AMENDING SECTION 14-59 OF THE CODE, "DEFINITIONS",
REGARDING THE DEFINITION OF TOTAL ALLOWABLE
DEVELOPMENT; BY AMENDING SECTION 14-60 OF THE CODE,
"RESERVATION OF DEVELOPMENT CREDITS WITH BUILDING
PERMIT", BY CHANGING REFERENCES TO ZONING ORDINANCE
NO. 9500 TO ZONING ORDINANCE NO. 11000; AND BY
AMENDING SECTION 14-71, "TRANSPORTATION CONTROL
MEASURES", PERTAINING TO RIDESHARING INFORMATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
347 September 24, 1992
Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso
and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
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.
[NOTE: AT THIS POINT, THE - CITY COMMISSION CLOSES
CbRNTIDERATION OF ITEMS ON THE PLANNING & ZONING PORTION OF
THE AGENDA.]
----------------------------------------------------------
67. (A) DISCUSSION CONCERNING CITY OF MIAMI BUDGET FOR FISCAL YEAR 1992-
93 (See label 69).
(B) ALLOCATE $80,000 TO BAYFRONT PARK IN ORDER TO RUN MILDRED AND CLAUDE
PEPPER FOUNTAIN FOR SIX MONTHS TO KEEP THE PUMP FROM DETERIORATING.
(C) DIRECT MANAGER TO ELIMINATE CAR ALLOWANCES IN FY192-93 FOR
UNCLASSIFIED EMPLOYEES WHO DO NOT RESIDE WITHIN CITY LIMITS, SUBJECT
TO ALL CONTRACTUAL AGREEMENTS (See label 69).
------------------------------------------------------------------------------
Mayor Suarez: Item 32.
Commissioner Plummer: What...
Mayor Suarez: Second public hearing to discuss Fiscal Year 193 tentative
budget. Mano...
Mr. Manohar Surana (Assistant City Manager): Yes, sir. For the record,
percentage increase in millage over rolled back rate: Response - zero
percent.
Mayor Suarez: You're proposing zero point zero? OK. Anyone from the general
public wish to be heard on Item 32, the millage rate? Let the record reflect
no one stepped forward. Do we have any proposed amendments to the tentative
budget?
Commissioner Plummer: Well, OK. Yes, I guess I do, but please tell me where
I... I've got two things to fight for, Mr. Mayor.
348 September 24, 1992
ic.
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4
Mayor Suarez: Yes.
Commissioner Plummer: The first one is I needs funds... Is Dawkins gone?
Mayor Suarez: He's here.
Commissioner Plummer: Damn, I was hoping he'd be out of the room.
Mayor Suarez: He's here, but he's tired.
Commissioner Plummer: I need funds for six months of operation of the
fountain in the park.
Commissioner Dawkins: Which park? Hadley Park?
Commissioner Plummer: Let me tell you...
Commissioner Dawkins: We've got a fountain in Hadley Park?
Commissioner Plummer: Yeah. Well, I'll send the water over. Mr. Mayor, what
I'm trying to accomplish... I'm going to put it right up on top of the table.
I need $80,000 to keep the pump from going bad for six months, with explicit
instructions to the Bayfront Park Trust that they were definitely put there to
get money from the private sector to keep that thing operating. And that if
they don't get the money, that at the end of six months, the fountain is bye-
bye. Now...
Commissioner Dawkins: So, you want me to spend $80,000 to tell the pump bye-
bye in six months.
Commissioner Plummer: Wait, wait. Please. Make it right. It's not what I
want you to do. You sent me there and asked me to come back and to recommend
to this Commission what I felt was right, and what the Board felt was right.
So, you know, the way that damn fountain has done me, I wish to God it would
go away. But it's not going to go... What is this?
Commissioner Dawkins: ...you have my beeper...
Commissioner Plummer: Yeah, thanks.
Mayor Suarez: So, you want to provide for that for the six months at least.
Commissioner Plummer: Mr. Mayor, we have provided the subsidy that is
required.
Commissioner Dawkins: I move it.
Commissioner Plummer: What?
Commissioner Dawkins: I move it.
Commissioner Plummer: Did...
349 September 24, 1992
Commissioner Plummer: I heard it.
Mayor Suarez: Do you second?
Commissioner Plummer: Secondl
Mayor Suarez: Mr. Manager...
Commissioner De Yurre: For the record, Mr. Mayor...
Commissioner Plummer: Eighty.
Mayor Suarez: Yeah.
Commissioner De Yurre: D.D.A. (Downtown Development Authority) has
contributed $15,000...
Commissioner Plummer: That is correct, sir.
Commissioner De Yurre: ...towards the maintenance of the fountain.
Commissioner Plummer: That is for the second six months.
Mayor Suarez: The operation of the fountain.
Commissioner Dawkins: For the second six months?
Commissioner Plummer: No, that contribution is towards the second six months
from the private sector. OK?
Commissioner Dawkins: OK.
Mayor Suarez: Mr. Manager....
Commissioner Plummer: I've got to give them credit for something.
Mayor Suarez: I don't when the appropriate time...
Commissioner Plummer: That is an amendment.
Mayor Suarez: ...when the appropriate time is to make this kind of a motion,
but one of the things that we need to...
Commissioner Plummer: Oh, I asked when. I didn't...
Mayor Suarez: Right, right. No, no. I mean for the one I'm about to make,
which is on the revenue side. You're making one on the expenditure side.
Commissioner Plummer: Yes, sir.
Mayor Suarez: Instruct me as I was going through the whole issue of take-home
cars for non -City of Miami residents, that as much as I'd like to accomplish
350 September 24, 1992
that, maybe where we really can save a lot of money is not so much with the
take-home cars, although I still want to carry that out with the logical
exceptions; but in allowances for cars for people who don't live in the City.
If we were to eliminate those in this budget, what kind of savings would we
have? How many people are now... do now receive car allowances that don't
live in the City of Miami? You see, the thing about that too is that a lot of
the unclassified employees are the ones that are getting the car allowances to
take home, or who happen to take them home and don't live in the City.
Whereas the vehicles are being driven a lot by inspectors and other people who
are actually classified.
Commissioner Plummer: Well, for the record, you're speaking Citywide, not
just one department.
Commissioner Dawkins: No, no. Citywide.
Mayor Suarez: Citywide.
Vice Mayor Alonso: No, Citywide.
Commissioner Plummer: Citywide?
Mayor Suarez: All car allowances for take-home cars. I think most of them
are Directors and Assistant City Managers. Department Directors.
Mr. Surana: Total car allowance for the whole City is $389,400. Employees...
Mayor Suarez: OK.
Mr. Surana: ...who live outside of the City, that's $308,400.
Commissioner Plummer: You're talking $600,000?
Mr. Surana: No, total. No, no. Out of three hundred eighty-nine, roughly
$308,000 for employees who do not live in the City of Miami.
Mayor Suarez: Now, is there any justification, colleagues on this Commission,
to maintain, in effect, a car allowance for people who are not living in the
City of Miami? I mean...
Mr. Cesar Odio (City Manager): Yes.
Mayor Suarez: That doesn't mean that you may not find other, you know,
justifications for increasing their salary or something, but that particular
allowance is one that is... That's a reverse incentive right now, from what
we want to do. We want people to live in the City of Miami and we're giving
them an incentive to live outside the City because they get an allowance that
allows them to drive anywhere they want.
Mr. Odio: When the original, that was done by Mr. Joe Grassie,..
Mayor Suarez: Why are you answering a question that I posed to my colleagues?
Mr. Odio: Oh, I thought you were asking me. I'm sorry.
351 September 24, 1992
Mayor Suarez: No, no. Fellow colleagues...
Commissioner Plummer: That's called lobbying.
Mayor Suarez: Fellow members of this Commission... Because if I'm the only
one on this I won't harp on it. I don't want to drive everybody crazy with
it.
Commissioner Dawkins: I move it. I'll show you...
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Second.
Commissioner Plummer: I... Let me tell you something. Up until this morning
I agreed. Cotera sent me a letter that I'd like to have the opportunity to
read on take-home cars and on car allowances, because the first couple of
paragraphs that I was able to read made some damn good sense. And...
Vice Mayor Alonso: Well, can we...
Mayor Suarez: Do you want to share it with us?
Commissioner Plummer: We11, I haven't read it. He gave it to me this
morning, and I haven't had the opportunity to read, other than the first
couple of paragraphs.
Mayor Suarez: Charlie, do any of your members have a car allowance?
Mr. Charlie Cox: Yeah.
Mayor Suarez: Who, for example? What level?
Vice Mayor Alonso: Today?
Mr. Al Cotera: Are you saying you received a letter from me on take-home
cars? A letter or an article?
Commissioner Plummer: No, an article.
Mr. Cotera: An article...
Commissioner Plummer: Excuse me.
Vice Mayor Alonso: Car allowance.
Commissioner Plummer: OK. Well then all the rest... They haven't even seen
it then. I saw it in my office and...
Mayor Suarez: Who would you have that is a classified employee that would be
receiving car allowance?
352 September 24, 1992
7-71
ti •. i r r c`} �i�
Mr. Cox: You know, we're addressing this again on the residency issue and
it's time that they...
Mayor Suarez: Oh, no, no.
Commissioner Plummer: No, no, no.
Vice Mayor Alonso: This is car allowance.
Mr. Cox: But, because they're going outside, but we can't... There are no
homes available. That's the point.
Mayor Suarez: Yeah. Charlie, we are ultimately going to try to solve that.
Obviously, in the middle of a hurricane where a lot of people have been left
without homes, and there's a high demand for residents in the City, and
otherwise, is not necessarily the time to implement that. We're going to be
discussing that around contract time. We've agreed to that. And you've
agreed to it in principle, I think. Right. For new employees. Charlie, the
new reality for the City for new employees is that they will have as much
affordable housing as we can possibly build, because we're going to continue
building it, and up until recently, up until the hurricane, there was not full
occupancy...
Vice Mayor Alonso: What does this say?
Mayor Suarez: ...at Overtown Park West like there is now. So, we'll adjust
to that. But as far as car allowances, my question to you is... And you can
say whatever you want afterwards.
Mr. Odio: I need to correct...
Mayor Suarez: You're a head of a union, you can argue with whatever you want.
Mr. Odio: I need to correct the figure, Mr. Mayor. That's what I was trying
to do before. There is not...
Mayor Suarez: Let me... Wait, wait. You can correct the figure any time you
want...
Mr. Odio: OK.
Mayor Suarez: ...but I want an answer. How many of your union members,
classified union members, if you know, have a car allowance. Not take home a
car, Charlie. Because I know your, inspectors do and I think they're under
your union.
Mr. Cox: I have it, but I have to break it down by department. I have the
total. In other words...
Mayor Suarez: The department head maybe. Assistant Directors?
Mr. Cox: No.
353 September 24, 1992
t
3
Mayor Suarez: You don't have any of those in your union.
Mr. Cox: No, no.
Mayor Suarez: There's someone below the rank of Assistant Director of a
department...
Mr. Cox: That gets car allowance.
Mayor Suarez: ...in your department that gets a car allowance?
Mr. Cox: Yes.
Mayor Suarez: Mr. Manager, I really would appreciate if you follow the
discussion up here. Is there anybody below the rank of Assistant Director of
a department, of the ones that he has under his union, that would get a car
allowance? And if so, why? I mean, what justification is there for not just
paying people who are in unions according to the union scale?
Mr. Odio: You have people that are below the Assistant Directors that have
car allowances, yes.
Commissioner Dawkins: That's what he's asking you. Who?
Mayor Suarez: Who and why?
Mr. Odio: Oh, you want the names? I'll get the names.
Mayor Suarez: I'm not understanding...
Commissioner Plummer: I don't think you should name names. I think you
should name positions. Let's don't say that we're picking...
Vice Mayor Alonso: Positions yes.
Mayor Suarez: Yeah. What position justifies a car allowance for someone
below the rank of Assistant Director? Because if they're not below that rank
they're not in his union, I don't think.
Mr. Odio: What is this... Who is this Michael... What is the position? I
want to know.
Mayor Suarez: Can you give me a category of an individual that you...
Mr. Odio: I'm trying to do that.
Mr. Surana: OK. This... we got there... inspectors.
Mr. Odio: You have inspectors that have car allowances from Risk Management,
he's saying. You have...
Mayor Suarez: I thought inspectors typically had a car.
Mr. Odio: Adjustors, they're called. Adjustors, I'm sorry.
354 September ?4, 1992
Mayor Suarez: I thought they typically had a car...
Mr. Odio: No, they got...
Mayor Suarez: ...provided by the City.
Mr. Odio: We give them a choice of car allowance or a City car. We'd
rather... And I prefer the car allowance than the City car. It costs less.
And that's what I was trying to say before.
Mayor Suarez: So, you justify them getting something...
Mr. Odio: Right. In lieu of...
Mayor Suarez: ...because you want them to drive in directly.
Mr. Odio: Their cars, yeah.
Mayor Suarez: And so you use that justification even though they live outside
of the City, and even though that creates a risk for us, et cetera. And then
the ones that prefer... Then you give them a choice. See, that's all
backward from the kind of incentive we want to create. See I have no problem
if you took all of this money, OK, that we would save, and then figure out a
way to divide it.
Mr. Odio: But what I'm saying is...
Mayor Suarez: So it doesn't create an incentive for people to live outside
the City of Miami. So it creates an incentive for them to live inside the
City of Miami, which is what we're trying to accomplish.
Mr. Odio: What I'm trying to tell you, Mr. Mayor, that if you take their car
allowances away, you're going to have to buy cars so that they can perform
their duties, and you will not save $380,000. It will cost you money.
Commissioner Plumper: I don't necessarily agree with that.
Commissioner Dawkins: I don't agree with that. Prove that. Prove that.
Mr. Odio: OK.
Commissioner Plummer: I'm sorry, Cesar, I don't necessarily agree that if you
take the car allowance away that you've got to provide them with a car. I
mean, is that...
Mr. Odio: They... These people that have cars, and this went back to, I'm
trying to say, what Grassie gave a choice; that the car... if it was found
out that cars were very expensive, City cars, and they began to give the
choice of the car allowance. And there are people here that took that choice.
Now, if you take the car allowance away, in order for them to perform their
duties, as I'm looking through this list, you would have to buy a City car to
have them sitting there so they could use. So, you're not going to save
$300,000. You're kidding yourself. It's going to cost you more because then
355 September 24, 1992
we have to buy gasoline, to provide any accident repairs, and the whole works
that go with it. So$ I..,
Commissioner Plummer: I don't see that.
Mr. Odio: No. Well, I can go... I have to break down the... You have
the... tell him.
Vice Mayor Alonso: Why don't they give us this information?
Commissioner Plummer: No, I'm sorry. The only thing I'm disagreeing with is
the fact that if you don't give them the allowance you've got to give them a
car.
Mr. Odio: But they've got to go. They've got to go and perform...
Commissioner Plummer: They're going to have their own private car like a lot
of people do.
Mr. Odio: Yes. But if they have to go from their workplace to perform their
duties in a park, to go around the parks, or go to see where the equipment is
broke down, or a fire, or a policeman... You know...
Commissioner Dawkins: Heyl Hold it right there. If a guy goes to see if a
piece of equipment is broken down he goes in a City vehicle with stuff in it
to repair what's broken down. Come on, Mr. Manager.
Mr. Odio: Well, I... Supervisors that are going from place to place,
performing their duties...
Commissioner Dawkins: OK. Let me ask you a question.
Mr. Odio: Now, if you want...
Commissioner Dawkins: Let me ask you a question, Mr. Manager.
Mr. Odio: Yeah.
Commissioner Dawkins: Just one simple question.
Commissioner Plummer: No, but the point I'm trying to make is if he does use
his vehicle he gets paid mileage. If he doesn't, he doesn't get paid.
Commissioner Dawkins: The tax revenue was down how many millions of dollars
this year?
Mr. Odio: Three million dollars.
Commissioner Dawkins: All right. With the hurricane, and all the other
businesses failing, what's a rough estimate of what we would be down next
year? Just an estimate.
Mr. Odio: I... We were looking at that today. There is no indication that
the tax base... of what the tax base could go down next year, right now. We
have no way, because...
356 September 24, 1992
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v1
Commissioner Dawkins: All right. I'll rephrase it then.
Commissioner Plummer: It could go up.
Mr. Odin: It will go up.
Commissioner Dawkins: Would you say that the tax revenue will increase next
year?
Mr. Odio: It could be very well...
Commissioner Dawkins: Or probably be the same?
Commissioner Plummer: Possibly.
Mr. Odio: It could possibly go up, because you have buildings that were empty
that are now fu11. And when the assessor looks at the books and finds out
that they are at full capacity...
Commissioner Dawkins: What...
Mr. Odio: ...their assessment will go up.
Commissioner Dawkins: What buildings are full capacity that will raise the
tax...
1 Mr. Odio: Centrust 1s one. Centrust went down from a hundred million to
forty million.
Unidentified Speaker: One fifty.
Commissioner Dawkins: No.
Mr. Odio: One fifty, something like that.
Commissioner Dawkins: OK. Give me another one.
Mr. Odio: You have our own Towers, Park West and Overtown...
Commissioner Dawkins: Well, that tax base was the same whether it was empty
or full.
Mr. Odio: You have the...
Commissioner Dawkins: It was empty. The tax base on the Arena Tower is the
same whether it is fully rented or fully empty.
Mayor Suarez: Why do you say that?
Commissioner Dawkins: Why do I say that?
Mr. Odio: Southeast Bank Towers could be...
357 September 24, 1992
Commissioner Dawkins: Because whatever it is on the tax roll... Whatever it
is, that's what they're going to tax of that.
Mayor Suarez: Yeah. But they could have come in... And maybe they were. in
fact, they were complaining the other day about the taxes they're paying and
asked for a reduction in the assessed value...
Commissioner Dawkins: But you see...
Mayor Suarez: ...based on the building empty just like Centrust did.
Commissioner Dawkins: But they are... You can bet your bottom dollar that
they're not going in back there and tell you, "It's fully rented, raise my
taxes."
Mayor Suarez: No, but...
Commissioner Dawkins: OK. Well, all right then. So it's... Come on.
Mayor Suarez: They're not going to ask for it to be reduced.
Commissioner Dawkins: All right. That's right. But you are going to have to
do something because you aren't going to have this money you got next year. I
don't care what you say about the taxes going up...
Mr. Odio: It's going up.
Commissioner Dawkins: Unless we change... If we change presidents we may
have more money. But if you keep the same president we're going to have much
less money. Now... All right. So, now, I can't discuss this with you until
after November. So, after November you and I will go through this again. OK?
Mr. Odio: OK.
Commissioner Dawkins: All right.
Mr. Odio: But...
Mayor Suarez: We have a motion and a second on the floor. So it would be, I
guess, inappropriate to get into another issue, but I'll get to it in a
second, having to do with department head salaries and et cetera. Any further
discussion on the motion that we have before us? Mr. Manager, I think it's
clear that the motion would be subject to any and all contractual requirements
of the unions. So, to the extent that it applies to classified employees,
obviously there's a problem there. I didn't think there were that many that
would be in the particular motion having to do with car allowance but, maybe
there are.
Mr. Odio: I need to ask the City Attorney, because in some cases... And I
remember this came up in 1979, came up in 1982 - that the car allowances were
considered as part of the terms of employment.
Mayor Suarez: That's why I just said...
358
September 24, 1992
1
Mr. Odio! OK.
Mayor Suarez: ...for the union employees. For the employees, I hope...
Mr. Odio: No, no. I mean from classified, too.
Mayor Suarez: I hope that the unclassified employees you do not put yourself
in a situation where you're contractually bound in any way, except if they're
dismissed, or cannot accept a continued employment compensation that you
proposed to them for the new fiscal year, under the constraints that we've
got, that they have a right to go to the highest civil service position that
they ever had, if I remember correctly. And other than that, there are no
contractual obligations. We tried to stick to that in the case of the ones
that we appoint: Manager, and City Clerk, and City Attorney; and in the case
of the Fire Chief, I mean, the Police Chief who has other Charter provisions
that might imply that they can only be fired for cause, and that from time to
time have requested some kind of contract. We've also held a line on those
and have not made contractual obligations. That's just the way that I read
the Charter. Maybe I'm missing something, or in the Code. Do we have all
kinds of employees out there that are unclassified that have contractually
vested rights of compensation, Mr. City Attorney?
A. Quinn Jones III, Esq. (City Attorney): Well, the thing about it is ,you
have unclassified employees who don't necessarily enjoy a property interest as
such. You can't really say that it's a contract of sorts...
Commissioner Plummer: They're out of the ball game then.
Mr. Jones: I think that what you have to look at is what...
Commissioner Plummer: He's leaving at 9:00. We'll not have a budget.
Mr. Jones: ...look at what benefit package that may have been offered. And
that's not to say that it rises to the level of a contract. I think we've
often... We've gone through that before. You went through it with your
previous City Manager in terms of benefits, whatever.
Mayor Suarez: Well, to me, sir, all of that translates to if you can dismiss
somebody from an unclassified position, you can certainly take away a car
allowance.
Mr. Jones: Review it.
Mayor Suarez: So, that's where I am. But with the classified employees maybe
there's contractual obligations, and to the extent that, that's the case, Mr.
Manager, obviously that would be...
Commissioner Plummer: Well, Mr. Mayor, let me just make a brief statement.
Mayor Suarez: ...to be considered in this...
Commissioner Plummer: You know, I keep harping on this, and I catch hell from
every aspect of it. And I'm the ultraconservative. But, sir, this is the
first time in 22 years that I have sat on this Commission, that we have a
359 September ?a, 1992
MMMMEMEEMW
46'?bb
downturn in revenue. Every year it has always been up a little, up a lot, up
more, up less. But it's always been up. And I want to tell you something, I
think it's trying to tell us something. I think the people of South Grove are
trying to tell us something. And I'm saying to my colleagues, you know, we
can't continue to do business as we have been doing in the past. Because we
don't have the dollars. And all I'm saying 1s that somewhere along the line
we've got to tighten that belt. And I really don't see that belt being
tightened at this particular point. Now, we're down $4,000,000 in revenue.
We could be a little up or a little down next year. I don't know. I don't
have a crystal ball. But, you know, all we need is one catastrophe of any
kind and we're in the soup.
Mayor Suarez: And we're also paying interest because we don't have enough
money accumulated, so we have to have these Tax Anticipation Notes and...
Commissioner Plummer: Well... Yeah. But, Mr. Mayor, you know...
Mayor Suarez: No, that... I'm arguing the same way you're arguing.
Commissioner Plummer: I'm not going to sit here and try to go through the
scenarios of this City right now...
Mayor Suarez: I'm arguing the same way you're going.
Commissioner Plummer: ...is laying out almost a million dollars in subsidy.
A million dollars in subsidy!
Mr. Odio: You just gave eighty thousand to the fountain.
Commissioner Plummer: Sir, I understand that and I didn't... Did you hear me
come fight for it?
Mr. Odio: That's a lot of...
Vice Mayor Alonso: For savings.
Mayor Suarez: I gather you're arguing in favor of the motion and so, we ought
to vote on it and get on with it.
Commissioner Plummer: What is the motion on the floor?
Mayor Suarez: The motion is that the budget not include car allowances for
unclassified employees who don't live in the City of Miami.
Mr. Odio: Take it from the Grand Prix... [INAUDIBLE]
Commissioner Plummer: Sir, that's nice for you to say, but you have
contractual obligations under the Grand Prix now. You know, this thing...
This thing is getting a little out of hand. OK?
Mr. Odio: And we don't have a moral obligation to the people that are
"busting their chops"?
360 September 24, 1992
<'
,
Mayor Suarez: Mr. Manager, we've just gone through the legal
and Charter
obligations. Please, let us try to do this budget. We've got
a few other
motions to make.
Vice Mayor Alonso: Was that a recommendation from the Manager?
Mayor Suarez: It's not clear because you've got to...
Commissioner Dawkins: Two hundred and fifty thousand dollars.
Vice Mayor Alonso: That we take away - can we do that - from the
Grand Prix?
I'm ready to move. If we can do that, saving...
Commissioner Plummer: Madam Vice Mayor, let me just...
Mayor Suarez: Yeah. We could maybe go onto that issue too.
Vice Mayor Alonso: I'll be happy to do it.
Commissioner Plummer: No. You cannot, Mr. Mayor. You have
contractual
obligations.
Mayor Suarez: Yeah. That's right. There's a...
Vice Mayor Alonso: That was my understanding but since the City
Manager said
that...
Commissioner Plummer: Well, if I... I'll be more than happy to stand
corrected, but I can tell you, you have contractual obligations for five or
six more years.
Mayor Suarez: Yeah. I think that...
Mr. Odio: I would like to then, if we're going to take the car allowance, I
would like to go over every giveaway we have in the book here and then take
them all, too.
Mayor Suarez: Mr. Manager, we're not considering that right now.
Commissioner Plummer: Sir, I hope this fails and it's not going to be with my
vote but let's go every giveaway.
Mayor Suarez: Wait, wait. Yeah. And it's not...
Commissioner Plummer: Let's go.
Mayor Suarez: It's not before us right now. I'm happy to go into that but
that's not before us right now. We're discussing a whole different issue and,
you're not setting the agenda right now, sir. We're setting the agenda.
Commissioner Plummer: Hey! Cesar...
Mayor Suarez: Al right. We have a motion and a second. If there's any
further discussion...
361 September 24, 1992
4.`
Commissioner De Yurre: Discussion.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: We have to have some equity in all this situation.
First of all..,
Commissioner Dawkins: Equity... At 9:00 I'm going home.
Commissioner De Yurre: Well, that's...
Commissioner Dawkins: OK? All right. I want everybody to understand that at
9:00 I'm going home.
Commissioner De Yurre: You know, we talk about...
Commissioner Plummer: Well, I'll do you a favor and I'll go with you.
Commissioner Dawkins: Then I'm not going.
Commissioner De Yurre: ...a budget that's $270,000,000, and here we are. We
keep harping on the same thing, car allowance or use of automobiles, and the
estimated amount is right now what? $250,000?
Commissioner Dawkins: In one... Yeah, on one side.
Commissioner De Yurre: That's what we're talking about. And on the other
side, you talk about a number of things. First of all, if you belong to the
union you're protected, number one. However, those that don't belong to the
union, for whatever reason, all of a sudden they're out in the cold. The
people that work, that are part of the union, as well as those who are not
part of the union, count on those automobiles, whether rightly so or not, as
part of their income. They don't have another automobile. Why? Because they
have this take-home automobile. Whether you have a car allowance or not 1t
amounts to, when you're talking about insurance and everything, you're talking
about a four to five thousand dollars a year that you consider part of your
income, or part of expense that you don't have to expend in the course of a
year. For a number of people here, that's not only 10 percent, it may be 15
percent. And in some cases it may be even more than that percent of their
total income. That is a hard hit to take all of a sudden. If we're going to
dictate policy about taking car allowances away, or not using car allowances,
or not allowing cars to be taken, then let's change policy, but let's do it in
a way that the employees are not hurt. And if we're willing to do something
on the lines of say...
Commissioner Plummer: You can't vote on this issue without coupling it
together with take-home cars. You can't do it.
Commissioner Oe Yurre: ...whatever the amount is that is allocated toward a
car allowance, or whatever the amount is allocated to the use of an
automobile, a take-home automobile...
Commissioner Plummer: You've got to talk to the total issue.
362 September 24, 1992
t«S
Commissioner De Yurre: ...tack it on this year as part of... Make it salary,
and from now on out we don't give car allowances...
Commissioner Plummer: I'm saying, you've got to talk to the total issue.
Commissioner De Yurre: ...and we don't give take-home cars from then on out.
And that way people are not hurt. We've dictated new policy, and we move on.
That would be my position.
Mayor Suarez: OK. Commissioner Dawkins?
Commissioner Dawkins: You know, I could go along with what Commissioner De
Yurre said, if those in the City of Miami who pay the taxes had the benefit of
a car allowance. The people who live in the City, who pay taxes, who pay for
these car allowances, do not have a car allowance. But, yet... Nor do they
have a union to fight for them for their car allowance. Now somewhere, as
J.L. Plummer says, the cookie is going to crumble. And when the cookie
crumbles, union, nonunion and everybody, somebody's going to have to give.
Now, and we can sit here, and wait until the last minute, and say, "OK. This
is what you've got to do. You've got to layoff 400 people because you did not
cut out the car allowance." And those 400 people, if they had a car
allowance, will have no car, no car allowance and no job. But the Manager
keeps telling me, "Don't worry about it. The revenue will be up next year.
I'll be able to meet my obligations. So don't you worry about it." So,
that's about all I've got to say.
I Commissioner Plummer: And Mary Poppins is a junkie.
Commissioner Dawkins: But those of us who live in the City of Miami, who feel
-i,
like me, that I should not pay my taxes into a revenue fund that pays somebody
who does not live in the City of Miami, to work in the City of Miami, and when
they get through working and they go home, I don't think it's right.
Commissioner Plummer: Well, let me just put my two cents on the record. I
don't think you can speak to the car allowance without speaking to the take-
home car. OK?
Commissioner Dawkins: Same difference.
Commissioner Plummer: I think you've got to speak to the total issue and...
Mayor Suarez: The reason I split it, Commissioner, is that I gathered, from
talking to the Manager and the Administration, that the take-home cars are
typically issued to people who are expected, if not to be on 24 hour call, at
least to go directly to their job from their home and...
Commissioner Plummer: Well, listen. You know, we're talking about...
Mayor Suarez: You know... And to use the car for inspections typically, et
cetera. Plus they just happened to include a huge number of classified
employees. So you're not really affecting that much of the budget crunch.
363 September 24, 1992
A
Co missioher Dawkins: You know, I'd like for somebody to study for me Jackson
Memorial Hospital doctors who are on call, and let me know how many of them,
Jackson Memorial provides with a 24-hour caw because they're on 24-hour call.
Let me know that. Not a one.
Commissioner De Yurre: They can afford a car. I'll bet vou.
Commissioner Dawkins: Say what?
Commissioner De Yurre: They can afford a car.
Commissioner Dawkins: You've got some people working for the City of Miami
who make $100,000, a year and they can't afford a car?
Commissioner De Yurre: Well, how many are there?
Commissioner Dawkins: If it's not but two.
Commissioner De Yurre: Raise your hands. Raise your hands if you're sure.
Commissioner Dawkins: If it's not for two. Don't tell me... I'm telling you
they exist.
Commissioner De Yurre: OK.
Commissioner Dawkins: If it's not but a half of one. See?
Mayor Suarez: We have two motions that we should...
Commissioner Dawkins: Let's keep apples to apples.
Mayor Suarez: Right.
Commissioner De Yurre: Well, there's only two guys.
Mayor Suarez: We have two motions that we have to take in order. Otherwise,
it's really going to mess up...
Commissioner Plummer: What is the first motion?
Mayor Suarez: The first one has to do with the $80,000 allocation to run the
fountain for... You estimated...
Commissioner Plummer: Oh, I thought that had already been approved.
Mayor Suarez: No, we never voted on it, I'm sorry to say.
Commissioner Dawkins: Uh-oh. I was...
Ms. Matty Hirai: Yeah. We need to just call the roll. That's all.
Mayor Suarez: OK. On that motion.
364 September 24, 1992
55
t�s,
..
s
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-610
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$80oOOO FOR THE OPERATION OF THE MILDRED AND CLAUDE
PEPPER FOUNTAIN, LOCATED IN THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK, MIAMI, FLORIDA, WITH FUNDS
THEREFOR BEING ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Vice Mayor Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Is this on the fountain?
Ms. Hirai: Yes, sir.
Commissioner Plummer: They'll scalp me if I don't, I vote yes.
Vice Mayor Alonso: I always vote no.
Commissioner Dawkins: You voted no?
Vice Mayor Alonso: No.
Commissioner Dawkins: I have to vote yes.
365 September 24, 1992
•
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: OK. The second motion 1s as stated, to not include in the
budget car allowances for employees... unclassified employees living outside
the City of Miami. We have a motion and a second.
Vice Mayor Alonso: Yes.
Mayor Suarez: Any further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 92-611
A MOTION DIRECTING THE CITY MANAGER TO ELIMINATE CAR
ALLOWANCES IN THE FY 92-93 CITY BUDGET FOR
UNCLASSIFIED EMPLOYEES WHO DO NOT RESIDE IN THE CITY
OF MIAMI; THIS DECISION SUBJECT TO ANY AND ALL
CONTRACTUAL OBLIGATIONS.
Upon being seconded by Vice Mayor Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mayor Suarez: Now, we've got the issue of department head salaries. I know
we've been delayed in all of this even though we all, I think, wanted to get
to that. I know that reducing to what I'd like to propose as the norm would
work a hardship on existing employees and I've reconsidered. I've not been
lobbied by too many people and I appreciate that. In fact I haven't been
lobbied by anybody except your Manager, who does lobby for you. I'm willing
to propose the following for the next year's budget. I think that department
heads should make, in the City of Miami, with the exception of the Police
Chief and the Fire Chief, should make no more than $75,000. By the way, both
the Fire and Police Chiefs have additional duties specified under the City
Code.
Commissioner Plummer: That isn't what you told me.
Mayor Suarez: And, et cetera...
Vice Mayor Alonso: Seventy-five with the exception?
Mayor Suarez: Of the Police Chief and Fire Chief.
366 September 24, 1992
Commissioner Plummer: Are you placing a cap there?
Mayor Suarez, Yes, that's the idea. And then assistants... And I'm torn
about whether assistants should not be effective immediately. Folks, I just
could not believe it. I know we don't have too many citizens here that are
not City employees, but we have a few. We have assistant department heads,
when I suggested to the Manager that they never reach the figure of $70,000 he
said, "But we have some that make more than that." And I said that's
inconceivable given our financial situation as a City, and the fact that we're
one of the... like the third poorest City in the country, I think, as far as
major metropolitan areas. I would suggest, frankly - I don't know. I'm torn.
I'd like to hear the Commission on this. - Sixty-nine thousand dollars
maximum. In other words, that no assistant department head ever makes
$70,000, whether you want to apply that. Believe it or not, there are some
that make more than that, assistant department heads. It's inconceivable. We
should never let that happen. I presume none of them are in any of the
unions. Is that a fair statement? In the case, I guess, of the Police and
Fire there may be some that are in unions who one would consider assistants.
Well, in the case of the Police Department, you have assistants to the Chief,
I guess. And in the case of the Fire Department, you've got Assistant Chiefs
who are also Division Chiefs, or Division Chiefs...
Commissioner Plummer: Let me ask a question. Let's talk about a thing...
It's one of my favorite subjects. And I don't mean to be personal, but I have
to make a mention.
Mayor Suarez: All right. No, it wasn't. But I presume we're...
Commissioner Plummer: The head of D.D.A. (Downtown Development Authority),
OK? Are you going to revert him back down to sixty-nine?
Mayor Suarez: Who?
Commissioner Plummer: I mean, the C.E.O. (Chief Executive Officer) of D.D.A.
Mayor Suarez: No. I'm not even proposing to roll back any of the department
heads. I think that, you know, they...
Commissioner Plummer: Oh, I'm sorry. I misunderstood you.
Vice Mayor Alonso: Well, what are you proposing?
Mayor Suarez: No, I'm just saying that we set a cap of $75,000...
Commissioner Plummer: I thought I heard you say...
Mayor Suarez: ...for any new department head.
Commissioner Plummer: Would you sixty-nine, so they're not making seventy?
Mayor Suarez: Yeah.
Vice Mayor Alonso: Oh, for new people coming in.
367 September 24, 1992
•
Mayor Suarez: Well. .
Vice Mayor Alonso: You're not going to affect the existing positions.
Mayor Suarez: Rolling back to seventy-five, I think, would work a hardship.
And for assistant department heads I'm not sure. Because it's just
inconceivable. When I suggested a cap of sixty-nine...
Mr. Odio: No, let...
Mayor Suarez: ...so they wouldn't be seventy, the Manager said that we
already had some over sixty-nine, and it's just inconceivable. I...
Mr. Odio: We have some... Yeah. We have some employees that are not
assistant directors that are making more than that. So, because of the
seniority and...
Mayor Suarez: Yeah. But that's only in the Police and Fire Departments, I
believe.
Mr. Odio: No. They might have some people...
Commissioner Plummer: No, you've got more than Police and Fire, believe me.
Vice Mayor Alonso: So, it's just establishing policy rather than applying it
at the present time.
Mayor Suarez: Well, I'm torn about the case of the assistant directors to...
Commissioner Plummer: Well, OK. Assistant Directors, are we talking about...
Let's try to get some semblance because this one you hit me from left field.
Are we talking about, for example, lawyers in the Law Department? In effect,
are they not assistant directors?
Mayor Suarez: That's a problem.
Commissioner Plummer: Well, you... I...
Mayor Suarez: That's a problem.
Commissioner Plummer: Mr. Mayor, you know, I begged you all to talk about
this before, and to try to do it here tonight, in the next 16 minutes, I think
we're going to be making some serious mistakes.
Commissioner Dawkins: Well...
Mayor Suarez: How many assistants do you... I'm sorry. Commissioner, go
right ahead.
Commissioner Dawkins: I'll tell you. I'm for residency, but I'm not for
cutting anybody's salary. I don't care what it is. But you just can't tell
me...
Mayor Suarez: Set a cap...
368 September 24, 1992
s yf u,
Commissioner Dawkins: Set a cap?
future...
OK. For future appointments, or for
Vice Mayor Alonso: Yes. That's what he's doing, setting a cap, not
previous...
Commissioner Dawkins: ...or for future... I can go along with setting a cap
for future employees, but not for future promotions.
Commissioner Plummer: No, he was talking about...
Commissioner Dawkins: Because if an individual has been with the City of
Miami for 20 years, expects... and worked hard, expecting to advance to a
rank, that a rank pays "X" dollars, and now that, that individual has worked
and achieved that promotion, instead of it being 2X dollars it's "X" and a
half, and it's unfair.
Commissioner Plummer: Well, Commissioner, let me disagree with you to this
extent. I come from the private sector, and I've used this statement, and
I'll continue to use this statement. When my business makes money, I make
money. And when my business loses money, I have to take a cut. Because there
are only so many dollars between that which you get and this called profit.
Now, our thing is down. Something has got to give. Now, whether you give it
at the top, the middle, or the bottom, we are $4,000,000 less this year than
we were last year. And with one exception, which is now that passed here this
evening, not with my vote, is the only cut that I have really seen, that has
been made to say that we're doing things different, because of the cuts, than
we did before.
Mr. Odio: Commissioner, you have... I looked up the number today, You have
302 employees less coming into this budget for next year. That's exactly...
You multiply that by $40,000 each, and that's what you are cutting from this
budget.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: You know, I hear Commissioner Plummer and I agree with
Commissioner Plummer. But Commissioner Plummer does not have a bargaining
agent in his funeral home. If he did, then he would have guidelines with
which he had to work by. Now...
Commissioner Plummer: No, I would have to file for bankruptcy.
Commissioner Dawkins: Well, then...
Commissioner Plummer: No, that's what I would have to do. If I have a union
contract...
Commissioner Dawkins: You...
Commissioner Plummer: ...that I have to live up to, and I don't have the
money to pay it...
369 September 24, 1992
S
Mr. Odio: 'Chun you know what?
Commissioner Plummer: ...I've got to file for bankruptcy.
Commissioner Dawkins: Well, we could do it either...
Mr. Odio: I would start cutting things that we don't need.
Commissioner Dawkins: If you had an embalmer, and that embalmer was making
110" dollars.
Commissioner Plummer: All right.
Commissioner Dawkins: And you decided that you were not going to pay him but
111X" dollar and he quit, you would be in bankruptcy.
Commissioner Plummer: No. I'd have to do it myself.
Commissioner Dawkins: Because you wouldn't have anybody to embalm.
Commissioner Plummer: I'd have to do it myself. No. What I'm trying to say
to you is is that, you know, it's nice to believe that everything is going to
stay rosy and nothing is going to change. But that ain't what happened this
year. That isn't what happened this year. OK? Things have changed.
Commissioner Dawkins: You sit up here and we say things have changed. OK?
And we still go through this David Copperfield...
Commissioner Plummer: Voodoo.
Commissioner Dawkins: ...voodoo economics. OK? Two years ago you had a
reorganization. That reorganization was going to save money. You still had
to go to Tax Anticipated Notes. Last year you talked the union into
accepting...
Commissioner Plummer: Freeze.
Commissioner Dawkins: ...early retirement, and we'll hold your money, and
next year we'll pay you. All right? They didn't pay them then, and they
don't have the money to pay them now. Now, all of a sudden, you're sitting up
here again, telling me, "Something has to give, and if something don't give,
we don't have the money." And you're going through the same thing. You know,
the Manager now has another reorganization, another buy-out, and nothings
going to happen.
Mr. Odio: No, we don't have any buy-out.
Commissioner Dawkins: You don't have any buy-out?
Mr. Odio: No. I don't know where that came from. We do have three...
Mayor Suarez: What... I see you're taking the bait. What do you suggest to
be for the future the top salary of a department head? Well, Al...
370 September 24, 1992
Mr. Coxi Huhl
No problem. No problem. One
hundred fifty thousand dollars.
Mayor Suarez:
Lou? Where's Lou?
Mr. Cox: One
hundred fifty thousand dollars.
Mayor Suarez:
All right. Knowing that you're going to have to argue for your
classified employees, and that we have
a limited pot, you want the
discretionary
employees, the department heads
to make $150,000.
Mr. Cox: No.
Let's raise the casket price.
OK? You want to compare private
industry with
government...
Commissioner Plummer: Whoa...
Mr. Cox: ...when things go wrong...
Mayor Suarez:
Do you want to raise taxes?
Mr. Cox: ...we raise the prices.
Mayor Suarez:
Do you want to raise taxes?
Commissioner
Plummer: Charlie?
Mayor Suarez:
We can't.
Commissioner
Plummer: Charlie, if I only sold
one casket, and you didn't have
any choice, that would work. But you raise
the price and they buy a cheaper
casket.
Mayor Suarez:
He's not a monopoly. We...
Commissioner
Plummer: I've got a what?
Mayor Suarez:
You're not a monopoly.
Commissioner
Plummer: Oh.
Mayor Suarez:
You've got competition. We can't raise taxes.
Commissioner
Dawkins: Uh-oh.
Mayor Suarez:
We're at nine point five nine
and more.
Mr. Cotera:
You could raise the garbage fee
to a reasonable amount of money.
Mayor Suarez: Mr. Cotera, we appreciate your comments which are now on the
record as being to raise the fee, even though you didn't come up here and
share it with us formally, on the record, as you're supposed to do. The
problem with that is...
Vice Mayor Alonso: We can have a cap and create incentives...
371 September 24, 1992
Mayor Suarez: Sure
Vice Mayor Alonsot ...that will be in place of salary increases.
Mayor Suarez: Raise the garbage? They don't... The citizens of Miami don't
think they should pay anything for garbage fees.
Mr. Cotera: Wait...
Vice Mayor Alonso: That's right. They've been saying that for a long time.
Mayor Suarez: They think that municipal government...
Mr. Cotera: Excuse me.
Mayor Suarez: ...for the real estate taxes should be picking up their
garbage.
Mr. Cotera: Well...
Commissioner Plummer: No, we approve the millage we don't approve the
appropriations.
Mayor Suarez: How can you raise it if they don't think they should have it in
the first place?
Mr. Cotera: Al Cotera, Fraternal Order of Police. The issue is not that, per
se, but you cannot say that it is not reasonable...
Commissioner Plummer: Well, we got until the October ist, right?
Mr. Cotera: ...to raise the garbage fee by the same amount that the County,
in turn, is turning around and raising to the City.
Commissioner Plummer: We'll continue then.
Mr. Surana: [INAUDIBLE]
Commissioner Plummer: Excuse me? That's all right. You've got plenty of
money.
Mr. Surana: [INAUDIBLE]
Commissioner Plummer: First.
Mr. Cotera: Because you will reach a point where it is going to cost the City
more money 1n tipping fees, when you add that to your manpower, than what
you're collecting in garbage fees.
Commissioner Dawkins: Mr. Cotera, I could...
Mr. Cotera: And that's like if Commissioner Plummer sold the casket for less
than what he pays for it.
372 September 24, 1992
i
•
2
Commissioner Plummer% Hey! Get off my caskets and let's talk about something
else. All right?
Mr. Cotera: You know, or if...
Commissioner Plummer: I mean, if you're trying to kill the budget and you
want me to bury it, for a fee I'll do it.
Mr. Cotera: Or if the Mayor sold his professional services for less than what
he invested in law school.
Commissioner Plummer: Well, you know, Al...
Mr. Cotera: I mean, can you find me an attorney that's less than $100 an hour
and competent? Do you understand what I'm saying, sir?
Mayor Suarez: I cannot justify attorney's fees or attorney's salaries or
attorney's compensation so...
Commissioner Dawkins: I could buy your argument.
Mayor Suarez: You win that argument hands down. All right, Commissioner
Dawkins.
Commissioner Dawkins: I could buy your argument, Al.
Commissioner Plummer: Here we are, at the last minute.
Commissioner Dawkins: Al, I could buy your argument...
Commissioner Plummer: Hell of a way to run an airline.
Commissioner Dawkins: ...if I didn't believe that the City of Miami should
provide three critical services to the citizens for their tax dollar. That's
Fire, Police and Sanitation. Now, I feel that they should be provided that
with their tax dollar.
Mr. Cotera: And as soon as this City becomes its own...
Mayor Suarez: With the basic real estate...
Commissioner Dawkins: With the basic real estate...
Mr. Cotera: And as soon as this City becomes its own County and is no longer
a prisoner of tipping fees by the County in which we are in...
Commissioner Dawkins: You don't get any argument out of me with that. I
agree with that, now.
Mr. Cotera: ...and can dispose of that stuff yourself and you don't have to
pay for it. That may be feasible.
Commissioner Dawkins: You can't get any argument out of me on that. I agree
with you on that. You won't get any argument out of me.
373 September 24, 1992
Mayor Suarez: Assistant Chief Gibbs, I see you at the mike ready to do
something. I don't know.
Mr. Cotera: Well...
Mayor Suarez: Are we going to hear from you in your capacity as an
unclassified...
Assistant Chief Arnold Gibbs: Yes, sir.
Mayor Suarez: ...high paid employee that takes a car home? Or...
Commissioner Dawkins: We've got seven minutes.
Vice Mayor Alonso: Yeah.
Assistant Chief Gibbs: As an unclassified employee.
Mayor Suarez: Or as a citizen or...
Vice Mayor Alonso: May I interrupt for a minute?
Mayor Suarez: Yes. I'm sorry, Madam Vice Mayor.
Vice Mayor Alonso: You never said how...
Commissioner Dawkins: Where are you with your budget, Mr. Manager?
Commissioner Plummer: Nowhere.
Vice Mayor Alonso: What about the Police Department and the Fire Chief...
Commissioner Dawkins: Mr. Manager, where are you with your budget?
Vice Mayor Alonso: ...these two. You never said anything. You said about
the department heads, and assistant department heads, but you never made a
reference...
Mayor Suarez: I cannot even solve the problem of...
Vice Mayor Alonso: ...to the Chief of Police and the Fire Chief.
Mayor Suarez: The problem with the Fire and Police Departments, and I have to
be very frank about this, Mr. Manager, is that...
Commissioner Plummer: Miller, are you... Miller, are going to vote for this?
Commissioner Dawkins: Huh?
Commissioner Plummer: Are you going to vote for this?
Mayor Suarez: We have yet to break a system where, in the case of the Fire
Department and perhaps the Police Department...
374 September 24, 1992
k
Commissioner Dawkins: Yes, I will. I'll do it.
Commissioner Plummer: No, the only thing...
I'll do it.
Commissioner Dawkins: No, no.
Let me tell you what you do.
Mayor Suarez: ...but I know for sure the Fire Department, we have people in
classified positions that are really managerial. They're being paid... You
know that, Arnold. What they're being paid at wages that are supposed to
compensate them for, you know, managerial skills, and they're somehow part of
the union. I think that's true of all the division chiefs in the fire
department.
Mr. Odio: The Civil Service rules only allow you to have five unclassified
persons per department. And that's a rule... a law.
Mayor Suarez: Right.
Commissioner Dawkins: No.
Mr. Odio: And it cannot be changed.
Commissioner Dawkins: No, that's... OK. May I say something, Mr. Mayor?
Mayor Suarez: Well, maybe we should be changing Civil Service rules. What
I'm saying is that situation exists, Madam Vice Mayor, and so we've got a lot
of people who are part of the union and who themselves are part of this issue.
Let me say, Mr. Manager, that all of this is another way of saying to you that
you've got still... And you've done a commendable job of reducing. And the
Police Department has done a commendable job of reducing the amount of staff.
But what we started out with, folks, was incredible. I remember when former
Fire Chief McCullough made the mistake, the second day... I think, the third
day that I was here, when I went to a briefing given by your President, where
he had all the organizational chart of the City up here, and he was pointing,
you know, in classic Sergio Pereira fashion, with a pointer, you know, and all
that. And of course, a lot of us during the campaign had learned the
organizational chart of the City better than the Manager knew it at that time.
Among other things, that structural chart did not exist up until the campaign,
and it was created for the campaign. Because nobody wanted to put it all into
an organizational chart because it was such a mess. Anyhow, he made the
mistake of insisting that I accompany him to his office so he could show me on
story -boards - you know, one of those things where you flip over the pages on
a big deal, a stool, or whatever you call those things. And then he showed me
that he had - and I'm not... I'll never forget the figure. - 18 assistants.
The Fire Chief of the City of Miami in 1985 had 18 assistants. I don't
remember exactly how many there are now, but thank God there aren't 18. That
was around the same time as the Police Chief had 54...
Mr. Odio: Thirty-two top people in the Police Department.
Mayor Suarez: Right. Well, at one point it was 54 people above the rank of
Captain, if I remember correctly. I forget how many Colonels we had. We
375 September 24, 1992
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eliminated that position. folks, you've done a good job. There are still
good people, very good people, competent people, hard-working people, but too
many of those people at that level. And that is hurting your ability, Lou,
and your ability, Al, and your ability, Charlie...
Commissioner Plummer: No. He lives in the City.
Mayor Suarez: ...and Solid Waste to pay the field employees a fair, or fairer
wage. Because we've got too many. Now, they're good people, they're solid
people. If they happen to find something in the private sector, please grab
1t because we, as a City cannot afford to have so many managerial people.
Even now. Even though we've simplified the process. And that's, in the
management sense, that's the way I feel about it, and I think I owe it to the
citizens of Miami to try to continue that trend. And I think, Mr. Manager,
that you've stowed down in that process. I said that a couple of years ago,
and I want to light a fire under you, in that sense, because, sir, this time
we are required by the budget situation. I did not expect the tax base to go
down. I had a big discussion with Dr. Jorge about that when he did that
strategic analysis and concluded that, that would happen. I've won one bet
out of three years that we bet. The first year, I won. The second year, he's
won. Now, I don't know what the effect of Hurricane Andrew is. I tend to
believe that it might go up. But, the tax base of the City... But, we lost
$3,000,000, and we have to come up with reforms to put the City back on a more
sound financial basis. Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, I've got three minutes. One minute I pass
the Manager's unbalanced budget. Number two...
Commissioner Plummer: Can't do that.
Commissioner Dawkins: ...I pass D.D.A.'s budget. And number three I pass the
Sports Authority budget and I so move. Can I get a second?
Mayor Suarez: All right, sir.
Mr. Surana: We need to do Item 33 first.
Commissioner Plummer: Mr...
Vice Mayor Alonso: This decision about the department heads and assistants...
Mayor Suarez: Those are three successive motions without a second. I deem
them as such and we'll get to them in a second.
Mr. Odio: Mayor, may I suggest something for...
Commissioner Dawkins: Well, they're seconded.
Mayor Suarez: They are now seconded by Commissioner De Yurre.
Mr. Odio: Can I suggest something on the salaries so I we can put...
Commissioner Dawkins: No, no. Hey, you'd better...
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September 24, 1992
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Mr. Odio: OK,
Commissioner Dawkins: I'm going.
get out of here.
Mr. Odio: Wait, wait.
Mayor Suarez: Madam Vice Mayor.
You'd better let me vote on your budget and
Commissioner Dawkins: Go ahead, Madam Vice Mayor.
Vice Mayor Alonso: No, no. Go ahead. You were going to make a motion...
Mayor Suarez: You did...
Vice Mayor Alonso: ...on the budget. Go ahead.
Mayor Suarez: Yes ma'am. I make a motion that we approve the Manager's
unbalanced budget and Mr. De Yurre seconded.
Commissioner Plummer: Are you not going to allow the public to speak? I
thought this was a public hearing.
Mayor Suarez: Yes, Mariano, we're going to hear from you again, are we not?
As always.
Mr. Mariano Cruz: Yes, of course.
Commissioner Plummer: Mr...
Mayor Suarez: OK. We have a motion and a second to approve the budget as
presented by the Manager.
Commissioner Plummer: Whoa. I've got another amendment, Mr. Mayor.
Mayor Suarez: Oh, another amendment. I'm sorry. Wait a minute.
68. DISCUSSION CONCERNING REQUEST BY REPRESENTATIVES OF THE CONFERENCE OF
THE CARIBBEAN -- NO ACTION TAKEN.
Commissioner Plummer: Excuse me. Mr. Mayor, the Conference of the Caribbean
was allocated funds, as you know. It is a very important conference to this
community. Mr. Peter Johnson is the head of that committee and...
Commissioner Dawkins: What committee?
Mayor Suarez: Caribbean Conference.
Commissioner Plummer: ...has asked for the ability to come before this
Commission with the recommendation of the I.T.B. (International Trade Board)
to ask if it is humanly possible for additional funding and...
377 September 24, 1992
Commissioner Dawkins: No.
Commissioner Plummer: Excuse me. Please, let me finish.
Commissioner Dawkins: I don't have to let you finish, I'm voting no.
Commissioner Plummer: All right. Vote no. But let me finish my statement.
It comes as... I, as the Chairman of I.T.B. have been requested by the
committee to ask this City Commission if it is possible, from whatever funding
source, that there would be other funds available to the Conference of the
Caribbean. And I throw that on the table for the City Commission.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Johnson, if you wish to make a statement in
reference...
Mayor Suarez: Very brief statement, Peter.
Mr. Peter Johnson: Yeah. I...
Commissioner Plummer: Brief but...
Mayor Suarez: It could be dangerous to the health...
Mr. Johnson: Peter Johnson...
Mayor Suarez: ...of your funding to get extended on this.
Mr. Johnson: I was talking when you were talking.
Mayor Suarez: That it could be dangerous to the health of the funding of the
Caribbean Central American actions...
Mr. Odio: Is he going to offer it back? Is that what he's doing?
Mayor Suarez: ...Caribbean Conference to... I'm sorry, Mr. Manager. I
missed what you said.
Commissioner Plummer: Is he going to rob a bank?
Mr. Johnson: Mr. Mayor, I'll just make one comment.
Mayor Suarez: I really would... Wait, wait, Peter. I really would
appreciate if everybody would be respectful here. That applies to everyone,
Mr. Manager. We don't need any editorial comments, sir. Mr. Johnson, sir,
keep your comments brief. We've got one Commissioner who apparently is
inclined to vote in favor of the budget which is the single most important
thing that we need to do here tonight; who also wants to adjourn and he has
made a motion. So that motion is before us. You are receiving as of now
$25,000 I believe.
Mr. Johnson: Correct.
378
September 24, 1992
Commissioner Plummer: That is...
Mayor Suarez: Keep your remarks very brief because it may be dangerous to
those $25,000.
Mr. Johnson: I understand and I'm grateful for the $25,000. We ourselves ran
a deficit in this last year. We want to continue. We think it's one of the
very best backing business for Miami programs that is in this town.
Commissioner Plummer: They're out of a car. Out of a car allowance.
Mr. Johnson: And the additional twenty-five would keep the thing... keep the
budget whole and keep us at a bottom line of zero. We have a $685,000 budget.
It's spent here, for the most part. And we want to keep doing it. I'm having
great difficulties with the Board. I know it's very risky coming before a
group like this, and the mood it's in, and the circumstances it has, but we
too have a circumstance that brings me down this afternoon and that's it. And
I...
Commissioner Plummer: Mr. Mayor, in keeping faith with my members who sent me
here asking, I will make a motion that the City Manager be instructed to find
$25,000... not to exceed $25,000 additional funds from whatever source. I
offer that motion, sir.
Mayor Suarez: So moved as an amendment to the budget. Do we have a second on
that?
Vice Mayor Alonso: He already received $25,000?
Commissioner Plummer: Yes, ma'am. He has already received twenty-five. In
his defense, it is a very fine conference. I think last year they had 21
foreign dignitaries that were here attending the conference. It takes place
in Miami and that was the only reason that this committee made that
recommendation and I...
Mayor Suarez: You know.
Commissioner Plummer: ...as Chairmen am obliged to bring it here.
Mayor Suarez: If this is not seconded, or if it fails, I have a suggestion
that we... that you make a substitute motion, or a second motion, that would
say that the rest of the program...
Commissioner Dawkins: J.L. Plummer is the awareness commission. What do
you...
Mayor Suarez: He just made the recommendation, Commissioner. You just
interrupted me.
Commissioner Dawkins: Well, I didn't hear it, Mr. Mayor. I need to hear it.
Mayor Suarez: Well, but you just interrupted me, sir, and I was going to make
a suggestion to him for a second alternative. Mr... Commissioner Dawkins
wants to know what your recommendation is, obviously it's your motion...
379 September 24, 1992
Commissioner Dawkins: Whatever it is, I second it.
Commissioner Plummer: Sir, my recommendation...
Mayor Suarez: Twenty-five thousand. If this should fail and I have no idea
at this point because I don't know from my colleagues.
Commissioner Plummer: With Dawkins' support I can't lose. Go ahead.
Mayor Suarez: Right. If this should fail, I have a suggestion that you take
back all of the other items that are listed there. Make sure that before we
allocate any of the others, whether it's Nora Swan's salary, which is for film
production, et cetera, film office of the City; or the $150,000 that goes to
the Latin Chamber and goes to promote the Hemispheric Conference, et cetera;
or any of the other items there, I forget which other one is listed on there,
that all of those take some sort of a cut, if it means maintaining this
particular item. Because, I guess, it's a programmatic item. I mean, it has
come to be synonymous with Miami. It's not really an outside organization.
It should not be listed in our budget as an outside organization, if it is a
City function, which I think it is, and that's what we understand it to be.
By the way, that is not the case of my friend, Diego Suarez's InterAmerican
Sugar Conference, whatever. That, to me, is clearly an outside organization.
That, I would be inclined to vote flat against that. I think if it comes up
as a specific item, which I'm not sure if it will, I'd have to vote against
it. I just don't see the justification for that in the tight budget year.
The Latin Chamber probably should take a reduction, although their activities
are also almost programmatic. I mean, they are basically our international
trade efforts. We can't give those up. And they are about as... They're
like an arm of the City in that sense, just like you are. That's my opinion.
But they could probably do with less money and if that was the way to
accomplish it, I would suggest that. So we have a motion and a second to add
another $25,000 to C.C.A.A.'s (Caribbean Central American Action) budget. And
I've given some suggestions as to how you can find some of that, if the
Commission agrees.
Commissioner Plummer: I hope you lose so I don't have to go back and redo the
whole damn thing.
Mayor Suarez: Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, THE HEREIN ABOVE
MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
NOES: Commissioner Victor De Yurre
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
ABSENT: None.
380 September 24, 1992
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: I think it's a fine program and we've talked about it,
but in the mood that we're in right now there's no way I can give a penny for
anything until we replace the car allowances of these people. So I have to
vote no.
Mayor Suarez: There we go. City employees...
Commissioner Plummer: The wisdom of the center chair.
Mayor Suarez: ...here in support of their own compensation. All right.
Well, hopefully most of them are on their own time. I vote no on this item
for reasons stated.
69. (A) (Continued Discussion) PUBLIC HEARING ON PROPOSED FISCAL YEAR
1992-93 BUDGET (See label 67).
(B) SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS
FOR THE CITY OF MIAMI -- FIX MILLAGE AND LEVY TAXES FOR FISCAL YEAR
1992-93 (See label 67).
Mayor Suarez: So we've got any public input on the budget, please, quickly.
We've heard from most of you before.
Mr. Mariano Cruz: Well... No, but now it's...
Mayor Suarez: No, no. Mariano we hear, Manuel every year...
Mr. Cruz: Something, yeah.
Mayor Suarez: ...on ten different occasions related to the budget.
Mr. Cruz: Before you even came here. OK?
Mayor Suarez: Yes, sir.
Mr. Cruz: Mariano Cruz, 1227 N.W. 26th Street. And I could say to those
people that were clapping now, the City employees, if many of you will be back
living in the City of Miami, you will be voting in the City of Miami. And you
know that most of the City elections are decided by very few votes - 100
votes, 1,000 votes. So, it will be a very powerful voting block, if you were
living, and residing, and voting in the City of Miami. And that's the...
Commissioner De Yurre: Most of the them are registered here anyway.
Mr. Cruz: Well, you know, but this is important.
Commissioner De Yurre: Don't worry about that.
381 September 24, 1992
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Mr. Cruz! Now, just off my head, I was listening. And we can... I am for
one thing. I am 1n favor... This section is about the millage rate. I am in
favor of raising the millage rate to the top, and not because I'm going to be
punished... See, in my neighborhood, if I count 20 houses in my block, and we
take the $25,000 homestead exemption, I bet those 20 houses paid a lot less
taxes than any house in Coconut Grove. And you know the reason? The property
values down there because there the City puts things that nobody wants. They
put it in our neighborhood. The jails, now they're talking about Camillus
House and that's the reason our property value is down. So I wouldn't mind
paying 10 mill on my property, with the provision that that money, the extra
money... I don't know how much money it will raise. Well, how much is that
on top? Point ten mill? Of how much...
Mayor Suarez: If we go up another point four mill it's going to be about
another $4,000,000.
Mr. Cruz: No. Right.
Commissioner Plummer: Hey. Yeah. Excuse me, Mariano. Even if we wanted to
do it, by law we can't.
Vice Mayor Alonso: We can't.
Mr. Cruz: You can't do it anyway.
Commissioner Plummer: So, speak to something else.
Vice Mayor Alonso: It's open.
Mr. Cruz: But, still...
Mayor Suarez: Yeah, maybe you ought to tell us some other point you want to
make because we just can't do that right now.
Vice Mayor Alonso: Yeah. We cannot do it. It's open.
Mr. Cruz: Right. This you can save some money too and earmark that for
parks. Because he was talking about service and that... How come the City of
Miami took Community Development from 1145 11th Street, where it was paying no
rent at all, and serving the people, and move it to the Dupont Plaza? I don't
know how much money they're paying.
Commissioner Plummer: Two reasons. Here... get an answer.
Vice Mayor Alonso: Two reasons.
Commissioner Plummer: Two reasons. The place was loaded with asbestos and it
needed a $500,000 roof. That's the answer.
Ms. Anne Marie Adker: The Dupont is...
Mayor Suarez: Please, please, Anne Marie.
382 September 24, 1992
ty`t.
.. to
Mr. Cruz: Well, what? It is a point. Now, if... I'm trying to find money
for the parks...
Commissioner Plummer: Where are you? Well, why am I answering for you?
Mr. Cruz: ...because you will be cutting money from the parks. Usually
that's what you do. And you know the crime, since I've been...
Mayor Suarez: No, we hope not. We hope not. Let's clarify that.
Mr. Cruz: Since I've been here...
Commissioner Plummer: We're firing the Manager tonight? The Herald wants to
know if we're firing you tonight?
Mr. Cruz: I've been here when C.A.C. and all that, they took money away for
fighting more crime. And do we have less crime or more crime than ten years
ago? I think we have more crime.
Commissioner Plummer: Yeah. Let them sell a special edition.
Mayor Suarez: But don't assume things that are not the case. We're not
reducing the parks' budget, I don't believe. And, in fact, we'd like to
increase it so you're...
Mr. Cruz: Well, I...
Mayor Suarez: ...exactly on line with the five of us.
Mr. Cruz: Well, then I'd like to see a recreation room for Allapattah
Comstock in the budget. There's no doubt that you can get the money from
Community Development and some other funds from the State, from F.E.M.A.
(Federal Emergency Management Agency), anyway you can get the money.
Mayor Suarez: Absolutely.
Commissioner De Yurre: You live in the City, don't you? So you're OK.
Mr. Cruz: F.E.M.A. just gave $5,000,000 to the City so...
Vice Mayor Alonso: What's your request?
Mr. Cruz: A recreation room for Allapattah Comstock. That way the children,
when they go there... It will cost $200,000, it's less than a sting
operation. Some of those sting operations cost more than that. And it will
use...
Mayor Suarez: You should be aware of the fact that we're considering, at
least it's been discussed, the possibility of rebuilding Virrick, somewhere
other than where it is now.
Commissioner Plummer: Miller...
383
September 24, 1992
Mayor Suarez: And it could be either Curtis, which is in your neighborhood,
or Allapattah Comstock. So, get your...
Commissioner Plummer: I would like to have a budget meeting next Commission
meeting. The next, last of October to discuss all of these other issues.
Mr. Cruz: No, but Allapattah Comstock specifically serves a neighborhood
that's surrounded with public housing...
Mayor Suarez: OK. Give that input...
Mr. Cruz: ...that the City and the County put there.
Mayor Suarez: Give that input to the Manager...
Mr. Cruz: Right.
Mayor Suarez: ...because that decision could be recommended to us very soon.
Mr. Cruz: It's very important because children from one parent families, they
have no place to go after school, and their second house is the park. And
it's very important because otherwise they will be roaming around and they
will be a problem later on, whatever.
Vice Mayor Alonso: He's right.
Mr. Cruz: So, it's better to pay now, to spend two hundred, three hundred
thousand dollars, than later on spend $5,000,000 in sting operations, or
whatever it is. You know, that's... Pay a little now and don't pay a lot
later. And one other thing that I'm listening to the thing, talking about the
lawyers. Since I see now they're having so many lawyers high price. I don't
like to see any more on the City agenda, any farming out of law work. We've
got so many lawyers that we have... We don't do any litigation? We have to
be farming out a lot of work outside to other lawyers. With so many lawyers,
I think that we should do in-house work and not spend so much money out there.
Mayor Suarez: Very good.
Mr. Cruz: And that's one other thing.
Mayor Suarez: All right. Thank you, Mariano. We even made a change in the
time that I've been here that we do in-house now all of the legal work for the
Off -Street Parking Authority, thanks to the citizens that approved that
charter amendment. It wasn't easy.
Mr. Cruz: Right. And one other thing since maybe in a few weeks we'll be
talking about Camillus House and that's part of the budget. I remember
because I wrote to...
Mayor Suarez: No, it isn't part of the budget.
Mr. Cruz: I wrote to Michael Louis of the Miami Today. He didn't answer.
Mayor Suarez: It is not part of the budget.
384 September 24, 1992
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Mr. Cruz: I wrote to the editor of the Herald. They didn't answer because
they like... The Herald would like to be... Camillus.
Mayor Suarez: OK. You're out of order. You're out of order. Have a seat.
Mr. Cruz: It's part of that.
Mayor Suarez: It is not part of the budget. It is not.
Mr. Cruz: But putting a... OK.
Commissioner Plummer: Well, Mariano, let me say to you, sir, one of the
amendments that I'm going to put on this thing tonight, because this is one
hell of a way to run an airline. And I hope I can prevail that we are going
to continue budget hearings on October the 22nd for budget review. OK? There
is no way we can sit up here tonight...
Commissioner Dawkins: Make the motion.
Commissioner Plummer: ...and continuously try to make decisions at the very
last minute...
Mayor Suarez: It doesn't need any motion.
Commissioner Dawkins: Make the motion.
Mr. Cruz: Right.
Commissioner Plummer: ...without knowing facts and figures. So, I want you
to know to be back here if my motion prevails, or my amendment...
Commissioner Dawkins: Make the motion. Let's see.
Mayor Suarez: You know...
Commissioner Plummer: My motion is that we have a budget review starting
October the 22nd at 5:00 in the afternoon. I so move.
Commissioner Dawkins: I second.
Mayor Suarez: All right. So moved and seconded.
Mr. Cruz: Yeah, that's good.
Mayor Suarez: It's in line with the Charter. We can make modifications...
Commissioner Plummer: It's a budget review. That's it.
Mayor Suarez: ...in the budget and... Right.
Commissioner Plummer: And we can make any changes we want and we can ask any
information we need.
385 September 24, 1992
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Mayor Suarez: All right.
Vice Mayor Alonso: That makes sense.
Mr. Cruz: One more thing lastly now. I work for the Postal... You have seen
in the paper, there have been a tot of reductions, I mean, really tough times
with tightening the belt. They're reducing all the overhead. People that
don't touch a letter are being let go. So, if that's the whole thing...
Mayor Suarez: Don't compare us in efficiency to the Post Office. I think we
do at least as well.
Commissioner Plummer: Cesar... I do have...
Mr. Cruz: Well it's a government...
Retirement and everything.
Mayor Suarez: Yes, Gloria.
You know. They live in Dade, Early
Ms. Gloria Rosello: My name is Gloria Rosello, 3007 N.W. 7th Street, Miami.
The City of Miami... It was not to my surprise. It's run like any other
government office. You don't pay the most to people who have the most
knowledge. You pay the most to the people that you like the most. That's
what it seems to be. When you have an attorney who went to school for eight
years and then you have somebody who went to school maybe for three years;
it's not like I have anything against anybody who didn't go to school or
whatever, but you go to school to better yourself. And then you have somebody
with a name, a title...
Commissioner Plummer: My mother always told me that if I'd gone to college, I
could have made something of myself.
Ms. Rosello: ...earning $40,000, $39,000. Then an attorney comes on board
earning $45,000 maybe. Do you think that attorney is going to want to do more
i
work, looking at the whole frontier he has ahead of him? Would an employee...
Mayor Suarez: A $45,000 salary for an attorney getting out of law school,
right now, the way things are, is not bad. I mean, a job is not bad for an
attorney getting out of law school right now.
Ms. Rosello: But then I would say to you that you have a lot of people
working in the City of Miami that are overpaid then.
�. Commissioner Plummer: Well, let me tell you that's...
Ms. Rosello: Mr. Mayor, if...
Commissioner Plummer: ...very simply the things that I think we need to talk
to on the 22nd of October. There's no question in my mind. As I've said
before, things have got to start tightening down. OK? And I'm telling you,
we've got to pass this by law tonight. We have no choice. If we don't pass
it here tonight we can't even readvertise for October 1. We lose $30,000,000.
{ I don't think there's anybody sitting up here who would want to take that
responsibility on. I'm not. But I'll tell you one thing. This budget
process isn't over as far as I'm concerned. It's just starting.
386 September 24, 1992
Mayor Suarez:
Commissioner Plummer:
Mayor Suarez:
Ms. Rosello: And that's like... At H.R.S. (Health and Rehabilitative
Services), doctors are paid $50,000 a year and then you have somebody with a
B.A. (bachelor of arts) over those doctors making $80,000. It doesn't make
any sense. The same thing is happening here.
Mayor Suarez: And don't get me wrong as for my views, vis a vis the County...
I don't even want to tell you what I think of what the County is paying to the
County Manager. It's just the kind of money the government cannot pay ever,
to anybody.
Ms. Rosello: But...
Mayor Suarez: Not to a congressman, not to a senator, not to a supreme court
justice.
Ms. Rosello: That is not equivalent.
Mayor Suarez: Just, government cannot afford that.
Ms. Rosello: That's what I'm trying to say. It's not equivalent. You make
it...
Mayor Suarez: And I love it when they say, "Well, then you won't get good
candidates." Folks, everybody wants to be County Manager. Everybody wants to
be City Manager. I mean, people with...
Ms. Rosello: The money.
Mayor Suarez: ...incredible backgrounds would take the job of City Manager,
with all due respect to our City Manager, for $75,000.
Commissioner Plummer: Are we firing the Manager tonight?
Mayor Suarez: No, no. I'm just...
Commissioner Plummer: No, not tonight. OK.
Mayor Suarez: Just saying what the alternatives are.
Ms. Rosello: I would just... You know, for you to look at that and, you
know, to put a cap on somebody that has the knowledge to do whatever, being
professional, I don't think it's right.
Mayor Suarez: All right.
Commissioner Plummer: There are some cases in this City, in my estimation,
that people are so overpaid, it is unbelievable. OK?
387 September 24, 1992
Ms. Rosello: Some that are underpaid too.
Commissioner Plummer: And most people say they start with the Commissioners.
So, you know, that...
Mr. Lou Kickasola: I am...
Mayor Suarez: You could argue... I'm sorry, on another vein... You could
argue that every single police officer is underpaid. I mean that's the one
thing you could argue because of the risk that they undertake. That's about
the only people I can think of that I would say right off the bat they're
underpaid.
Commissioner Plummer: Well, Mr. Mayor, how do you make that statement without
firemen taking the same risk day in and day out?
Vice Mayor Alonso: They do.
Mayor Suarez: I don't believe that, Commissioner...
Commissioner Plummer: OK.
Mayor Suarez: ...by any means.
Commissioner Plummer: Well...
Mayor Suarez: I told you that. I've told them that. I have a lot of respect
for those that do rescue, which I told them because I think they're
magnificent. And I have respect for the other ones. But they certainly don't
have the same risks as a police officer. No way, no how. And the simplest
way to prove that is we've never lost one in the line of duty in the City of
Miami and we've lost a lot of officers.
Vice Mayor Alonso: Because we have an excellent department.
Ms. Rosello: And the garbage collectors that could get pinched with AIDS or
with anything, they're throwing out that garbage. It's the same thing.
Commissioner Plummer: You just...
Ms. Rosello: If you're going to do that across the board everybody has their
risk.
Commissioner Plummer: Don't... Don't you talk. I'll talk for you.
Mayor Suarez: All right.
Commissioner Plummer: Mr. Mayor, let...
Mayor Suarez: Anyhow, I was making a very positive statement about one of our
departments, I certainly wasn't going to...
Commissioner Plummer: Mr. Mayor, this man that stand behind him...
388
September 24, 1992
Commissioner Plummer: ...is a man who damn near lost his life right here on
Grand Avenue in a fire. And that man laid for days in a Burn Center and
don't... You know, I'm sorry...
Mayor Suarez: We have...
Commissioner Plummer: Kickasola was one hell of a man.
Mayor Suarez: ...over 1,000 applicants for 20 and 30 positions in the Fire
Department, folks. I mean, that's...
Mr. Kickasola: Well thank you for your view on what you think of police,
fire... policemen and fire fighters and how you think they're different.
And, you know, you spoke to... Well, you talked about Fire Rescue...
Mayor Suarez: Sir, wait a minute. I haven't recognized you yet.
Mr. Kickasola: OK.
Mayor Suarez: Now, there's a man behind you who was waiting to speak. He's a
member of the general public.
Mr. Kickasola: I'll wait.
Mayor Suarez: All right? I... All I said is I think every police officer 1n
the City of Miami is underpaid by virtue of being a police officer. There is
no pay that is enough to incur the risk of a police officer. That's the way I
feel about it. I feel very strongly about that. I know Mr. Gonzalez-Goenaga
doesn't agree because he doesn't like police officers. But let's hear from
you, sir.
Mr. Gonzalez-Goenaga: Well, I have to... be extremely short and I hope that
you people get my message. This meeting started with...
Mayor Suarez: We have a motion before us, Mr. Gonzalez Goenaga..
Mr. Gonzalez-Goenaga: ...with me shaking hands...
Mayor Suarez: ...which is to approve the budget and I'd like you to address
yourself to that, sir.
Mr. Gonzalez-Goenaga: To that. Well, how can I address the budget...
Commissioner Plummer: Xavier, we're approving the millage.
Mr. Gonzalez-Goenaga: ...and I could... if I'm not going to give enough time
and there is no time. The problem here is my friends, and please get the
message, this meeting started this morning with a monkey and it's ending with
monkey business. Thank you very much.
[LAUGHTER]
389
September 24, 1992
r
Mayor Suarez: All right, sir. Lou... Wait, wait. He was waiting. Lou and
the Chief... He's going to stand up for his troops.
Commissioner Plummer: Ended with a what? A junkies?
Mayor Suarez: Sooner or later he had to come up with a good line.
Vice Mayor Alonso: Yes.
Mayor Suarez: After all these years of testifying, and interrupting, and
harassing. Yes, sir.
Mr. Kickasola: Yes, Kickasola, Vice President... Lou Kickasola, Vice
President of Local 587. I take exception to the remarks about the police
officers and the fire fighters being different. And you allude to the fact
that rescue 1s different than fire fighters. I will remind you that I'm a
fire fighter, a fire fighter first. I happen to be a rescue paramedic. I
spent 55 days in a burn center and about five years in recovery as a fire
fighter, not as a rescue. So, you try to distinguish between rescue and fire
fighter and I'm here to correct you. The fire fighters are fire fighters,
whether they rescue or on a pumper or on a rescue truck.
Mayor Suarez: Very good. I...
Mr. Kickasola: And I take exception when you say, "Well, there's something
different between a police officer and a fire officer as far as risk."
Mayor Suarez: Lou, I have to differ with you. I don't stand corrected.
Mr. Kickasola: Well, fine you differ. Well, I'm telling you I differ with
you.
Mayor Suarez: Right. Fine. And if you want me to elaborate on the
differences I could. It's evident just from seeing what the rescue people do.
They do stuff that doctors don't do, folks. They do stuff that doctors are
afraid to try and that they don't even want to get involved in. I've seen it
with my own eyes and, you know, to me it just requires a high level of skill.
I'm just super, super respectful of the people who do that. Fire fighters
occasionally have to take incredible risks and there's no doubt about that.
Yes, sir.
Fire Chief Carlos Gimenez: Well, I need to...
Mayor Suarez: The one who is the Chief of them all.
Fire Chief Gimenez: Well, I'd like to inform you that according to the latest
statistics, fire fighters and police officers suffer about the same number of
casualties per 100,000.
Mayor Suarez: We've heard that before on the national model.
Fire Chief Gimenez: And also, probably on the area of injuries, we also
suffer about the same. So, I'm not saying it's any more of a risk. It's a
different type of risk.
390 September 24, 1992
e
Mayor Suarez: That may be a fair assessment.
Fire Chief Gimenez: And maybe one day...
Mayor Suarez: In the City of Miami we've never lost a firefighter, thank God,
in the line of duty. We've lost many officers.
Fire Chief Gimenez: That's because we've been lucky and...
Mayor Suarez: Well, I don't think statistically that would be valid but...
Fire Chief Gimenez: We've been lucky and also we've had very good equipment
and we have a very good department. Where it doesn't mean the risk isn't
there.
Commissioner Plummer: You have damn good...
Fire Chief Gimenez: And one day, maybe I'll invite you to come and put some
bunker gear on and we'll go into a fire and see, you know, what the risks are.
Vice Mayor Alonso: We have an excellent department.
Commissioner Plummer: Hey! And you've got damn good training.
Mayor Suarez: You know what I think it is, it's not related at all to fire.
It's not related at all to you. You may have a high, as high a risk of damage
or injury or death as any Police Department official in other cities. But in
this City, we have an incredibly high risk for police officers. You know,
that's, unfortunately, the case. Anne Marie.
Ms. Anne Marie Adker: Anne Marie Adker, 407 N.W. 5th Street. And I'm afraid
I have a low profile right now of your Police Department and I don't think...
Mayor Suarez: Do you want to pay them less?
Ms. Adker: I don't...
Mayor Suarez: Do you want to pay them less or more?
Ms. Adker: We could have...
Mayor Suarez: Because that's really the issue...
Ms. Adker: We could have saved monies...
Mayor Suarez: How? Tell us.
Ms. Adker: You put them on a 12-hour shift, a round-the-clock shift, with
Andrew. You put them on a round-the-clock shift with everything that happens
when it is not needed. With the field force riding with the back doors open
and the shotguns sticking out. And, I mean, it needs to be cleared up.
Mayor Suarez: OK. I'm going to follow up on that, for a second.
391 September 24, 1992
ice..
Me. Adker: Sure, please.
Mayor Suarez: Because I think you're making a good point.
Ms. Adker: Yeah.
Mayor Suarez: Mr. Manager, what exactly seemed to have been off there for a
while, where it seemed like we had quite a few officers riding together. Was
that... During the hurricane. Was it a result of the mobilization of field
forces that just happens to work out that way or what?
Mr. Odio: We had...
Mayor Suarez: Because it gave a strange impression when you're responding
to...
Commissioner Plummer: Poor planning.
Vice Mayor Alonso: Indeed.
Mayor Suarez: ...a hurricane as opposed to potential civil disturbance, et
cetera.
Mr. Odio: We had... Part of the plan right after the 5:30 last wind came by,
we sent out swat teams to protect the businesses from looting and they were
very effective. And that's the procedures that they have to follow. And we
had only one business where we arrested the looters and everything else was
protected. So, it wasn't...
Mayor Suarez: I guess we were planning for our citizens misbehaving more than
they did. And maybe because we planned that way...
Ms. Adker: Yeah, because it...
Mayor Suarez: ...we ended up with so little looting.
Ms. Adker: It continued, it was just overtly too much. It was like
intimidating my community.
Mr. Odio: We went...
Ms. Adker: You know, where they...
Mr. Odio: Yeah. I'm sorry.
Ms. Adker: ...parade at... between seven and eight in the morning.
Mayor Suarez: Well, let the world know...
Ms. Adker: And five -thirty and six in the afternoon.
Mayor Suarez: Anne Marie, let the world know that when four police officers
ride together in field force formation that doesn't necessarily mean that
392 September 24, 1992
Mr. Odio: We...
Mayor Suarez: ...and not only preventing riots, I mean, preventing looting,
but also simply getting them out there. Because that's the way they're
deployed.
Mr. Odio: We had...
Mayor Suarez: So, they're used... They're set up to go that way. You have
so many vehicles. You've got to have four people in them. And it might make
more sense to have a slightly different deployment...
Mr. Odio: Well, we did.
Mayor Suarez: ...for a hurricane but... Hey, we...
Mr. Odio: We did, Mr. Mayor. We had them behind. They spent the night in
fire stations throughout the City. They did not... They were not from one
location so the moment the hurricane, at five -thirty in the morning, they were
out on the streets, creating perimeters to protect all the businesses, and
the...
Ms. Adker: And keeping me awake.
Mr. Odio: By the way, Mrs. Adker, and the public from getting killed from
hanging cables and debris that was still flying around at that time in the
morning.
Mayor Suarez: All right. Anything further?
Ms. Adker: Well, so much for that. I want to know about the Community
Development Block Grant budget and how you will deal with the community based
organizations.
Mayor Suarez: OK. Remember we're not handling that now.
Mr. Odio: That's not today.
Mayor Suarez: We're just approving the City's operating budget.
Ms. Adker: OK.
Mayor Suarez: But we have to get to that.
Mr. Odio: October 8th it is.
Mayor Suarez: ...the first meeting in October. All right. Anything further
from the general public? If not, ladies and gentlemen, we have a motion. The
first motion is to approve. Commissioner Dawkins made...
Vice Mayor Alonso: First we need 33.
393 September 24, 1992
,
0
Mayor Suarez: ...three motions in rapid succession and I want to try to do
the one that is the correct one on the assumption that he made the correct one
first.
Vice Mayor Alonso: Thirty-three is the millage.
Mr. Jones: He did a millage,
Mr. Surana: We've got the millage. Item 33.
Mayor Suarez: All right. I'll entertain a...
Commissioner Dawkins: Move it.
Mayor Suarez: Moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded. Call the roll.
Mr. Jones: No, I have to read the ordinance in its entirety. This one has to
be read in its entirety.
Mayor Suarez: Oh lordy! Call the roll.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993;
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 10,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Vice Mayor Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10999.
394 September 24, 1992
7A
The City Attorney read the ordinance in its entirety into the public
record and announced that copies were available to the members of the City
Commission and to the public.
70. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR CITY OF MIAMI FISCAL
YEAR ENDING SEPTEMBER 30, 1993. [Note: The number assigned to the above
ordinance exceeds the normal sequence by one, given that the number
11000 has been previously assigned to the new Zoning Ordinance.]
Commissioner Dawkins: What's that... Mr. Manager, you're over there. We're
trying to get your budget through and you're over there running your mouth.
We'll be going home. What do you need next, Mano?
Mr. Manohar Surana (Assistant City Manager): Item 34.
Commissioner Dawkins: Move 34.
Mayor Suarez: Item...
Commissioner Plummer: Is that appropriations?
A. Quinn Jones III, Esq. (City Attorney): Yes, it is.
Mr. Surana: Yes, sir.
Commissioner Plummer: To the City Attorney?
Mr. Jones: Yes, sir.
Commissioner Plummer: When we meet on the 22nd of October, which I hope we'll
set an agenda tonight before we leave of what we want to discuss. This
Commission is fully free to make any changes to the budget it wishes. Is that
correct?
Mr. Jones: Yes, sir. That's correct.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: OK.
Commissioner Dawkins: Is there anything to read?
Mr. Jones: Yeah.
Commissioner Dawkins: Read the ordinance.
Mayor Suarez: Moved and seconded.
Mr. Jones: I'm sorry.
395 September 24, 1992
t
i
Mayor Suarez: Read the ordinance. Yes. Go ahead.
CAT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD.]
Commissioner Plummer: As amended.
Mr. Jones: As amended.
Mayor Suarez: Call the roll.
Commissioner Plummer: Do you need to spell out for the record those
amendments or do they stand on their own as passed?
Mr. Jones: No, they can stand on their own...
Commissioner Plummer: OK.
Mr. Jones: ...as you've already passed.
Ms. Matty Hirai (City Clerk): Yeah.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE YEAR ENDING
SEPTEMBER 30, 1993; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 10,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11001.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
396 September 24, 1992
Commissioner Plummer: Based on the fact I can change a lot on the 22nd of
October, the answer is yes.
Vice Mayor Alonso: The same reason, I vote yes.
Commissioner Dawkins: The same reason, I vote yes.
Commissioner De Yurre: No reason, whatever.
Mayor Suarez: I vote yes, for all kinds of different reasons.
71. (A) CONSIDERATION OF PROPOSED MILLAGE RATE AND ADOPTED TENTATIVE BUDGET
FOR DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
(B) SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS
OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI -- FIX
MILLAGE AND LEVY TAXES FOR FISCAL YEAR 1992-93.
Commissioner Dawkins: What do you need now? What do you need now, Mano?
Mr. Manohar Surana (Assistant City Manager): I'm finished. Now it's D.D.A.
(Downtown Development Authority).
Vice Mayor Alonso: D.D.A.
Commissioner Dawkins: D.D.A? No, I don't want that. I don't want that.
Commissioner Plummer: That's funny.
Vice Mayor Alonso: ...so fast.
Mayor Suarez: Set the millage rate at... What is it? Half...
Mr. Matthew Schwartz: Zero...
Commissioner Dawkins: Move it. Move it.
Mayor Suarez: Moved.
Mr. Surana: Half mill.
Mayor Suarez: Second. Call the roll on the millage rate.
Commissioner Dawkins: With the same proviso we can come back and...
Mayor Suarez: I'm sorry. Read the ordinance.
Ms. Matty Hirai (City Clerk): No, that's 36.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD IN ITS
ENTIRETY.]
397 September 24, 1992
21
Mayor Suarez: My...
Commissioner Plummer: Let me make sure that the policy of this Commission is
that no committee thereof, as an arm of this Commission, can change a line
item of $5,000 or more without Commission approval. Is that the policy?
Vice Mayor Alonso: Yes.
A. Quinn Jones III, Esq. (City Attorney): That's correct for your directive.
Commissioner Plummer: For all boards.
Mayor Suarez: My...
Commissioner Plummer: Please make sure they all understand that.
Mayor Suarez: My compliments to the Police Chief, Mr. Castaneda, Frank May,
and a few others, who acted, in the last couple of minutes, as if they were
not a special interest group. Ron Williams didn't walk out of here the moment
their budgets were approved. It's very unseemly, Mr. Manager, you might
really want to admonish your staff about that. You know, to hang around...
Mr. Garcia, I see is still there. You know, to hang around just until your
budgets are approved and then walk out the door, and disrupt the proceedings,
just gives the impression...
Commissioner Plummer: As if they didn't care.
Mayor Suarez: ...that they're just another special interest group. We...
These are top management of the City of Miami. They should be concerned about
the D.D.A. budget. They should be concerned about the Sports Authority
budget. They should be concerned about these proceedings, that they're
important to be here. They should be here until we complete our deliberations
or if not, if they're not needed here (which, frankly, a lot of them probably
aren't) they should walk out and not disrupt our proceedings. So, anyhow, to
those that acted as if they care about the whole City, and stayed here until
the bitter end, my compliments. To the rest, I'm just going to reserve my own
comments. Call the roll, please.
398 September 24, 1992
------------
AN ORDINANCE
AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI,
FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30,
1993, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF THE
NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE-LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY
CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS
ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES
BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION
THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of September 10,
1992, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11002.
The City Attorney read the ordinance in its entirety, into the public
record and announced that copies were available to the members of the City
Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: No, wait. Excuse me.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: All right.
I'm sorry, I vote no. Damnl
399 September 24, 1992
r]
40,
Commissioner Plummer: I have to be consistent. I just simply vote...
- --..__--------..-----------------------------------------------------
72. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT
DISTRICT FOR DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR FISCAL YEAR
OCTOBER 1, 1992 - SEPTEMBER 30, 1993.
Mayor Suarez: What other items do we need to take up?
Mr. Schwartz: Thirty-seven.
Vice Mayor Alonso: Thirty-seven.
Commissioner De Yurre: Eighty thousand dollars for your fountain and you vote
no on this.
Mr. Schwartz: It's making appropriations.
Commissioner Plummer: You've got your...
Vice Mayor Alonso: Move.
Commissioner Dawkins: To do what now?
Mr. Schwartz: For the Downtown Development D13trict.
Mayor Suarez: D.D.A. (Downtown Development Authority) appropriations. So
moved.
Commissioner De Yurre: Second.
Mr. Schwartz: Yes.
Mayor Suarez: Commissioner Dawkins seconded.
Mr. Schwartz: Yes.
Mayor Suarez: I mean Vice Mayor Alonso, seconded by Commissioner De Yurre.
Call the roll.
A. Quinn Jones III, Esq. (City Attorney): It's an ordinance.
Mayor Suarez: Call the roll.
400 September 24, 1992
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING
SEPTEMBER 30, 1993; AUTHORIZING THE EXECUTIVE DIRECTOR
OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR
ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY
FLEXIBILITY; REQUIRING CITY COMMISSION APPROVAL FOR
CHANGES IN LINE ITEM EXPENDITURES IN EXCESS OF $5,000;
PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL
AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND
ENDING SEPTEMBER 30, 1993, FOR THE OPERATIONS OF THE
CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of September 10,
1992, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Alonso, seconded by Commissioner De Yurre, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11003.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'll give them a yes one time.
401 September 24, 1992
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73. APPROVE FISCAL YEAR 1992-93 ADMINISTRATIVE BUDGET OF MIAMI SPORTS AND
EXHIBITION AUTHORITY.
Mayor Suarez: Any other items that we need to dispose of?
Commissioner Dawkins: Yeah. Move the Sports Authority budget.
Mayor Suarez: So moved.
Vice Mayor Alonso: Second.
Mayor Suarez: Seconded.
A. Quinn Jones III, Esq. (City Attorney): Which one is that?
Mayor Suarez: Call the roll.
Mr. Jones: Is that an ordinance?
Commissioner De Yurre: I have my reservations on the salary...
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 92-612
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE
ATTACHED FISCAL YEAR 1992-93 ADMINISTRATIVE BUDGET OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY; FURTHER
REQUIRING CITY COMMISSION APPROVAL FOR CHANGES IN LINE
ITEM EXPENDITURES IN EXCESS OF $5,000.00.
(Here follows body of resolution, omitted here and on
file in the Office.of the City Clerk.)
Upon being seconded by Vice Mayor Alonso, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plumper, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
402 September 24, 1992
Commissioner Dawkins: What else have you got, Mr. Mayor, before we go?
Mayor Suarez: The Off -Street Parking Authority budget, no?
Mr. Manohar Surana (Assistant City Manager): No, that's done.
Commissioner Plummer: That's done.
Mayor Suarez: OK. We're adjourned.
Commissioner Plummer: Mr. Mayor?
Mayor Suarez: Yes?
Commissioner Plummer: List, if we may very quickly try to decide, if we can,
what we want to discuss on the 22nd...
Commissioner Dawkins: Everything.
Commissioner Plummer: ...of...
Commissioner Dawkins: The whole budget.
Commissioner Plummer: Well, you want to go... I would rather...
Mayor Suarez: Do you want to outline a couple of things, is that you wanted,
so we...
Commissioner Plummer: Well, I think that what we should do by doing that is
allow the Administration to come prepared to speak to it and not try to nail
people to the wall on a hodgepodge kind of scenario.
Mayor Suarez: Well, one thing that I would like for myself, if we did pass
that motion, is the impact... the economic impact of the car allowance issue.
Any suggestion the Manager should want us to approve, regarding compensation
of the people who are affected, if they're doing a particularly good job, or
if they should have their compensation somehow adjusted or otherwise. I
mean...
Commissioner Plummer: Well, I...
Mayor Suarez: Maybe we'll hear about some people leaving the City of Miami
and that's fine too. I don't... You know, that's...
Commissioner Plummer: Mr. Mayor, I would like to see that the other part of
that issue... If you're going to be fair across the board, I think you've
also got to speak to the take-home cars.
403 September 24, 1992
1
Mayor Suarez: Yes.
Commissioner Plummer: OO I don't think you can speak... As I said before,
you can't speak to one portion of it...
Mayor Suarez: OK. Fair enough.
Commissioner Plummer: ...without speaking to the other.
Mayor Suarez: I just keep seeing that image of the Inspector that takes the
car home. And, I'm not sure that... And I want to hear about that, whether
it makes sense to...
Vice Mayor Alonso: We will have to address that in the...
Mayor Suarez: Yeah. Whether it makes sense to disrupt that whole system.
Vice Mayor Alonso: Yes.
Mayor Suarez: They've tried to explain it in terms of the person driving from
out of town directly to the location where he's going to inspect, and all of
that.
Commissioner Plummer: Well...
Mayor Suarez: The efficiency of all that has impressed me after hearing about
it. I...
Commissioner Plummer: The bottom...
Mayor Suarez: It also doesn't impress me to see them driving outside the City
limits when they go home with a City car. It's marked but... What can you
do?
Commissioner Plummer: I think the bottom line of what we need to start
talking to every month, on reference to budget, is how we can cut without the
delivery of the services being cut. And I think if we do that...
Mayor Suarez: Oh...
Commissioner Plummer: ...by the time we get to the bottom line of budget, as
we look at it this coming July, which is now what we've made the Manager must
produce a budget by the 15th of July, we won't find ourselves in this crazy
frenzy of trying to get something done at the very last minute. So, I think
that... What... I guess, on bottom line I'm saying is that anything that
wants to be discussed on the 22nd, to give it to the Manager in advance...
Commissioner Dawkins: In a memo form.
Vice Mayor Alonso: A memo.
Commissioner Plummer: ...so that can prepared here to speak to the issue,
come with the proper people, to give us the proper answers, and we can make
our decisions based on good, hard facts.
404 September 24, 1992
a01
Mayor Suarez: I did look at...
Commissioner Dawkins: So be it.
Mayor Suarez: ...your department Frank, Community Development, and there are
some people with some rather interesting titles there. I'll discuss that with
you. Madam City Clerk, I...
Commissioner Plummer: Which department?
Mayor Suarez: ...still have all kinds of questions about the staffing of your
department. And the City Attorney, now that we have begun to talk about
that... I'm going to ask questions about the department. I'm going to ask...
Commissioner Plummer: Which department?
Mayor Suarez: The City Attorney's. Why...
Commissioner Plummer: So, are you asking that to be one of the items?
Mayor Suarez: Yes. Oh, yes.
Commissioner Plummer: I think that's what I would like to see happen.
Mayor Suarez: And I'm warning him because he is a kind of quasi -independent
agency within the Manager's scope...
Commissioner Dawkins: He's not under the Manager. He comes under us.
Commissioner Plummer: No, no.
Mayor Suarez: That's what I'm saying. He is kind of a quasi -independent
agency although many, many other things have still... are run by the Manager.
But as to budgeting, et cetera, you come directly to us and there's some
questions I have there.
Commissioner Dawkins: Wait a minute. Hold up. Let me hear this straight.
The City Attorney works for us?
Commissioner Plummer: Correct.
Commissioner Dawkins: He does not work for the Manager. He has nothing to do
with the Manager at all.
Mayor Suarez: No, that's not correct. That's not correct.
Commissioner Dawkins: The City budget...
Mayor Suarez: That's not correct. But we will discuss it next...
Commissioner Dawkins: What is correct then?
Mayor Suarez: No, he does work for the Manager too but it...
405 September 24, 1992
Commissioner Plummer: Who? No, no. He does not. -
Commissioner Dawkins: No, he does not. No, he does not.
Commissioner Plummer: How? Tell me how.
Commissioner Dawkins: He does not.
Mr. Cesar Odio (City Manager): The only relationship we have...
Mayor Suarez: Folks, I'm not going to convince you of that but believe me, he
works for the Manager. Anyhow...
Commissioner Dawkins: He does not work for the manager.
Mayor Suarez: He works for the City of Miami of which he happens to be the
Administrative head. All right.
Commissioner Dawkins: What? No, sir. No way.
Commissioner Plummer: No. I'm...
Commissioner Dawkins: No way, Mr. Mayor, and I'm not going to let you put
- that in the record.
Commissioner Plummer: Well... Whoa.
Mayor Suarez: Sir, I'm not going to argue this tonight with you. Why do you
want to argue that?
Commissioner Plummer: 1 ask the City Attorney to come back at the next
meeting with a legal opinion of whether he works for the Manager.
Mayor Suarez: Yes. All right.
Commissioner Dawkins: He does not work for the Manager.
Commissioner Plummer: I said that but the Mayor says he does.
Mayor Suarez: Of course, he works for the Manager. He works for every
citizen of Miami, and particularly for the Chief Administrative official.
Commissioner Dawkins: No, he does not.
Commissioner De Yurre: He doesn't...
Mayor Suarez: All right.
Commissioner De Yurre: Guys, he doesn't respond to the Manager but the
Manager...
Mayor Suarez: Of course.
406 September 24, 1992
Commissioner De Yurre: ...is his client.
Mayor Suarez: Of course. And more than that. He does all kinds of
Administrative things...
Commissioner De Yurre: OK?
Mayor Suarez: ...that the Manager has to approve.
Commissioner Dawkins: Well, I'll tell you what. Mr... Somebody, schedule
this as a meeting... as an item at the next meeting to find out who the City
Attorney works for.
Commissioner Plummer: I just asked for a legal opinion.
Commissioner Dawkins: No, no. I don't want any legal opinion. I want...
Mayor Suarez: Will the City Attorney please give us a legal opinion as to he
works for?
Commissioner Dawkins: That's right.
Mayor Suarez: Anyhow, the budget of the City Attorney's office is of great
interest to me and...
Commissioner Plummer: A higher authority.
Mayor Suarez: ...the filing of lawsuits by the City Attorney and the way that
we can create some incentives for the staff to be more aggressive... Please,
today...
Commissioner Dawkins: The Manager will be reorganizing the...
Mayor Suarez: Mr. Dawkins, please.
Commissioner Dawkins: The Clerk's Office.
Mayor Suarez: Please, sir.
Commissioner Dawkins: The Attorney's Office.
Mayor Suarez: Commissioner Dawkins, please. Anything else?
Commissioner Plummer: Yes, sir.
Mayor Suarez: Anybody wants to have briefed...
Commissioner Plummer: Mr. Manager, for my edification on the October 22
meeting. I've asked you before and I'll ask you again, sir, to give me the
percentage of what the budget is down over the previous year. I think you
told me it was about two percent. Was that... Whatever it is. And I want to
tell you that as we go through these different departments on these monthly
budget hearings that it Is my desire that whatever that cut has been in the
budget, that we're going to work on each department to try and cut it by that
amount.
407 September 24, 1992
Mr. Odio! Well...
Commissioner Plummer: And I think that's where we need to...
Mr. Odio: We have already done that.
Commissioner Plummer: Well, I think we need to do it more.
Mr. Odio: We cut more than two percent than we lost.
Commissioner Plummer: All right.
Mr. Odio: More... The average cut on every department was over 10 percent.
Commissioner Plummer: Mr. Manager...
Mr. Odio: Now, can I cut all the non...
Commissioner Plummer: You've got that, you know, and I think that... I'm not
saying that we're going to cut. I think that that's what we should strive to
look to try to accomplish. There's always areas in which you can cut.
Mayor Suarez: All right. Anything further?
Commissioner Plummer: On the dotted line.
Mayor Suarez: If not, we are finally adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:41 P.M.
Xavier L. Suarez
M A Y O R
ATTEST: -A�E+'
Natty Hirai
CITY CLERK G�
Walter J. Foeman
ASSISTANT CITY CLERK
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408 September 24, 1992